144 KiB
144 KiB
| 1 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-1 | Establishment of Department headed by Superintendent; Bureau of Criminal Investigation and division of drug law enforcement and investigation within Department. | <p>There is hereby established as a separate department, a Department of State Police headed by the Superintendent of State Police. There shall be established within the Department of State Police, in addition to any other divisions or bureaus that may be established by statute or otherwise, a Bureau of Criminal Investigation and a division for drug law enforcement and investigation.</p><p>1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-1; 1974, c. 483; 1980, c. 232; 2000, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0560'>560</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0600'>600</a>.</p> | ||||||||
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| 2 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-2 | Appointment of Superintendent and term of office. | <p>The Superintendent of State Police shall be appointed by the Governor, subject to confirmation by the General Assembly if in session when such appointment is made, and if not in session, then at its next succeeding session. Such officer shall hold his office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment, or until his successor shall be appointed and qualified. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.</p><p>1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-2.</p> | ||||||||
| 3 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-3 | Oath, bond, and salary of Superintendent. | <p>The Superintendent of State Police, before entering upon the discharge of his duties, shall take an oath that he will faithfully and impartially discharge and perform all the duties of his office and shall be bonded in accordance with § <a href='/vacode/2.2-1840/'>2.2-1840</a>. The Superintendent shall receive such salary as may be appropriated for the purpose.</p><p>1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-3; 2021, Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0152'>152</a>.</p> | ||||||||
| 4 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-4 | Functions of Department. | <p>The highway patrol, or state police patrol as it is sometimes called, the police school, the state police radio or communication system, the supervision of inspection stations and of inspectors of motor vehicles, the promotion of highway safety, the establishment and direction of a vehicle accident prevention and safety program for state agencies, the adoption of standards for motor vehicle appliances, accessories and safety devices and the registration of machine guns shall be in the Department of State Police.</p><p>1942, p. 340; Michie Code 1942, § 585(71a); 1948, p. 419; R.P. 1948, § 52-4; 1980, c. 469; 1986, c. 228; 1988, c. 806; 1989, c. 18.</p> | ||||||||
| 5 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-4.1 | Repealed. | <p>Repealed by Acts 1968, c. 722.</p> | ||||||||
| 6 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-4.2 | Department of Motor Vehicles to publish statistical information, and conduct research and experiments; copies to be furnished by Department to Commonwealth's attorneys. | <p>(a) The Department of Motor Vehicles shall tabulate and analyze all accident reports and shall publish annually, or more frequently, statistical information based thereon as to the number and circumstances of traffic accidents.</p><p>(b) Based upon its findings, after analysis, the Department may conduct further necessary detailed research to determine more fully the cause, control and prevention of highway accidents. It may further conduct experimental field tests within areas of the Commonwealth from time to time to prove the practicability of various ideas advanced in traffic control and accident prevention.</p><p>(c) The Department of Motor Vehicles shall promptly furnish a copy of any particular accident report or a proof of financial responsibility to any attorney for the Commonwealth upon the request of that person, without charge to be used only in the performance of his official duties.</p><p>Code 1950, §§ 46-411, 46-412; 1958, c. 550; 1968, c. 760; 1985, c. 10.</p> | ||||||||
| 7 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-4.3 | Drug Investigation Special Trust Account. | <p>A. There is hereby created in the Department of the Treasury a special nonreverting fund to be known as the Drug Investigation Special Trust Account, consisting of such funds as may be appropriated by the General Assembly from time to time and all interest, dividends and appreciation, including payments to the fund from the federal government by virtue of a grant, gift, forfeiture or other disposition, which may accrue to such fund, for the purpose of providing a timely supplemental source of money to the Department of State Police for use in the detection, investigation and apprehension of persons for the violation of the laws pertaining to the manufacture, sale or distribution of illegal drugs.</p><p>B. Funds from the Drug Investigation Special Trust Account shall be used to supplement general appropriations for the Department of State Police Bureau of Criminal Investigations and a division for drug law enforcement and investigation for nonpersonal service expenditures related to illegal drug investigations. They shall be used only for the purposes stated in subsection A and in strict conformity with the rules and regulations promulgated by the Superintendent of State Police to carry out the intent and purposes of this section.</p><p>C. No expenditures shall be made from the Drug Investigation Trust Account except in strict compliance with procedures established by the Superintendent of State Police and approved by the State Comptroller. The accounting for all such expenditures shall also be in strict compliance with such procedures.</p><p>D. The Drug Investigation Special Trust Account shall be established on the books of the Comptroller so as to segregate the amounts appropriated to the account and the amounts earned or accumulated by such special trust account. No portion of such special trust account shall be used for a purpose other than for drug investigations. Funds remaining in the Drug Investigation Special Trust Account at the end of a biennium shall not revert to the general fund but shall remain in the special trust account, to be used for the purposes set forth in subsections A through C and shall accumulate interest and dividends throughout the existence of the special trust account. Any funds, however, remaining in the special trust account at the end of a biennium in excess of $1,500,000 shall revert to the general fund.</p><p>1972, c. 320; 1982, c. 431; 1989, c. 168; 2000, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0560'>560</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0600'>600</a>.</p> | ||||||||
| 8 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-4.4 | Duties relating to criminal history record information checks required by licensed firearms dealers. | <p>The Superintendent of the Department of State Police shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 a.m. and 10:00 p.m., except December 25, for purposes of responding to inquiries from licensed firearms dealers, as such term is defined in 18 U.S.C. § 921 et seq., pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/18.2-308.2:2/'>18.2-308.2:2</a>. The Department shall hire and train such personnel as are necessary to administer the provisions of this section.</p><p>1989, c. 745; 1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0341'>341</a>.</p> | ||||||||
| 9 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-5 | Repealed. | <p>Repealed by Acts 1978, c. 470.</p> | ||||||||
| 10 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-6 | Appointment of additional police officers. | <p>The Superintendent of State Police, with the approval of the Governor, shall have authority to appoint additional police officers, who may or may not be residents of this Commonwealth, to serve for specified periods of time. The police officers so appointed shall receive such compensation as the Superintendent shall approve. Such police officers shall have the same powers and perform the same duties as the regular police officers appointed by the Superintendent.</p><p>1932, p. 618; Michie Code 1942, § 2154(54); R. P. 1948, § 52-6; 1985, c. 272.</p> | ||||||||
| 11 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-6.1 | Appointment of supervisory officers. | <p>All appointments to sworn police positions above the rank of trooper within the Department of State Police shall be made by the Superintendent of State Police from among the sworn police officers of the Department, except for those positions designated in subdivision A 20 of § <a href='http://law.lis.virginia.gov/vacode/2.2-2905/'>2.2-2905</a>, or whenever the Superintendent determines, in writing, that a position requires knowledge, skills, or abilities such that a sufficient pool of qualified candidates does not exist within the Department of State Police. It was and is the intent of the General Assembly that the primary factor in the career progression program is satisfactory years of service.</p><p>1993, c. 766.</p> | ||||||||
| 12 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-7 | Bonds of police officers; liability insurance policies. | <p>All police officers appointed by the Superintendent of State Police, and engaged in the enforcement of criminal laws and the laws relating to the operation of motor vehicles upon the roads and highways of this Commonwealth, shall, before entering upon or continuing in their duties, enter into bond, with some solvent guaranty company authorized to do business in this Commonwealth, as surety, in the penalty of $75,000 and with condition for the faithful and lawful performance of their duties. Such bonds shall be filed in the office of the Department of State Police, and the premiums thereon shall be paid out of the funds appropriated for the maintenance and operation of the Department of State Police. All persons injured or damaged in any manner by the unlawful, negligent or improper conduct of any such officer while on duty may maintain an action upon such bond.</p><p>In lieu of posting bond as provided herein, any such police officer may furnish an adequate liability insurance policy as proof of his ability to respond in damages, which may be adjudged against him in favor of any person or persons injured or damaged in any manner resulting from his unlawful, negligent or improper conduct while on official duty, to the amount set forth above. The premiums on any such insurance policy or policies shall be paid out of the funds appropriated for the maintenance and operation of the Department of State Police.</p><p>All such bonds and insurance policies shall be approved by the Superintendent of State Police.</p><p>1926, p. 941; 1940, p. 473; Michie Code 1942, § 2154(51a); R. P. 1948, § 52-7; 1950, p. 150; 1966, c. 213; 1968, c. 492.</p> | ||||||||
| 13 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8 | Powers and duties to enforce criminal laws and investigate aircraft accidents. | <p>The Superintendent of State Police, his several assistants and police officers appointed by him are vested with the powers of a sheriff for the purpose of enforcing all the criminal laws of this Commonwealth and for investigating any aircraft accident which occurs in the Commonwealth, and it shall be the duty of the Superintendent, his several assistants and police officers appointed by him to use their best efforts to enforce the same.</p><p>Nothing in this section shall be construed as relieving any sheriff or sergeant, commissioner of the revenue, police officer, or any other official now or hereafter invested with police powers and duties, state or local, from the duty of aiding and assisting in the enforcement of such laws within the scope of his authority and duty.</p><p>1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R. P. 1948, § 52-8; 1968, c. 737.</p> | ||||||||
| 14 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.1 | Powers and duties of Bureau of Criminal Investigation. | <p>In addition to any other powers and duties which may be provided by statute or otherwise, the Bureau of Criminal Investigation shall conduct an investigation into any matter referred to it by the Governor. The Bureau of Criminal Investigation shall, when requested by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so directed or requested, if the person or grand jury making the request has reasonable cause to believe the acts committed or about to be committed would constitute a Class 1, 2 or 3 felony, to determine whether any such criminal violations have occurred, are occurring or are about to occur. The Bureau may, in all other requests for investigations made by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so requested, to determine whether any criminal violations have occurred, are occurring or are about to occur.</p><p>1974, c. 483; 1975, c. 650; 1980, c. 232.</p> | ||||||||
| 15 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.1:1 | Powers and duties of a drug law enforcement and investigation division. | <p>A. In addition to any other powers and duties which may be provided by statute or otherwise, it shall be the duty of a division for drug law enforcement and investigation to enforce the laws of the Commonwealth and conduct investigations related to violations of Articles 1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-247/'>18.2-247</a> et seq.) and 1.1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-265.1/'>18.2-265.1</a> et seq.) of Chapter 7 of Title 18.2 or when requested pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/52-8.1/'>52-8.1</a>.</p><p>B. The Superintendent may request and receive, from any federal, state or local agency, cooperation and assistance to aid such division in the performance of its duties, including temporary assignment of personnel which may be necessary to carry out the performance of its functions; provided that the agency consents to the assignment. Consent may not be unreasonably withheld. Any assistance or appropriation given to such division shall be used for the primary purpose of enforcing laws and conducting investigations related to violations of Articles 1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-247/'>18.2-247</a> et seq.) and 1.1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-265.1/'>18.2-265.1</a> et seq.) of Chapter 7 of Title 18.2. Such division shall be a party to any anti-crime partnership agreement established pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-117/'>2.2-117</a> and may assist any locality declared an Intensified Drug Enforcement Jurisdiction pursuant to § <a href='http://law.lis.virginia.gov/vacode/15.2-1715/'>15.2-1715</a>.</p><p>C. Such division may enter into agreements with other states pertaining to the enforcement of Articles 1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-247/'>18.2-247</a> et seq.) and 1.1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-265.1/'>18.2-265.1</a> et seq.) of Chapter 7 of Title 18.2 across state boundaries. Such division may share information with law-enforcement agencies in other states as is necessary to carry out its work.</p><p>2000, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0560'>560</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0600'>600</a>.</p> | ||||||||
| 16 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.2 | Certain investigations of elected officials; immunity for witnesses. | <p>A. No investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § <a href='http://law.lis.virginia.gov/vacode/52-8.1/'>52-8.1</a> shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General or a grand jury.</p><p>B. In any grand jury proceeding or criminal prosecution involving a person who was at the time of the offense an elected official of the Commonwealth or a political subdivision thereof resulting from an investigation under subsection A, any witness called by the court or attorney for the Commonwealth and required to give evidence for the prosecution who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.</p><p>1977, c. 331; 1991, c. 675.</p> | ||||||||
| 17 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.3 | Disclosure of criminal investigative records and reports; penalty. | <p>Any person employed by a law-enforcement agency or other governmental agency within the Commonwealth who has or has had access in an official capacity to an official written record or report submitted in confidence to the Department of State Police relating to an ongoing criminal investigation, and who uses or knowingly permits another to use such record or report for any purpose not consistent with the record exclusions permitted in the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.), or other provision of state law, shall be guilty of a Class 2 misdemeanor.</p><p>The provisions of this section shall not be construed to impede or prohibit full access to information concerning the existence of any criminal investigation or to other verbal disclosures permitted by state police operating procedures.</p><p>1981, c. 238; 1999, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0703'>703</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0726'>726</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0690'>690</a>.</p> | ||||||||
| 18 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.4:1 | Regulations for firearms shows. | <p>The Superintendent of State Police shall provide a form for use by promoters of firearms shows for the purpose of notifying the State Police and the chief of police, or the sheriff in localities without police departments, of their intent to conduct a firearms show pursuant to § <a href='http://law.lis.virginia.gov/vacode/54.1-4201.1/'>54.1-4201.1</a>.</p><p>1993, c. 477.</p> | ||||||||
| 19 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-8.6 | Criminal street gang reporting. | <p>When it is determined, by a state or local law-enforcement agency, regional jail, the Department of Corrections, the Department of Juvenile Justice, or a regional multijurisdictional law-enforcement task force, that a person is a member of a criminal street gang, as defined in § <a href='http://law.lis.virginia.gov/vacode/18.2-46.1/'>18.2-46.1</a> by means of (i) an admission of membership in a gang; (ii) an observation by a law-enforcement officer that a person frequents a known gang area, associates with known gang members and demonstrates gang style of dress, tattoos, hand signals, or symbols; or (iii) being arrested on more than one occasion with known gang members for offenses consistent with gang activities, the agency shall enter the person's name and other appropriate gang-related information required by the Department of State Police into the information system known as the Organized Criminal Gang File of the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ <a href='http://law.lis.virginia.gov/vacode/52-12/'>52-12</a> et seq.) of this title, and the Violent Criminal Gang File of the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation. The entry shall be made as soon as practicable after determining that a person is a member of an organized criminal gang. All records contained in these information systems shall be entered, retained, and validated in accordance with established VCIN and NCIC policies.</p><p>2005, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0843'>843</a>; 2010, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0367'>367</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0472'>472</a>.</p> | ||||||||
| 20 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-9 | Administration of oaths; acknowledgments and affidavits; summoning witnesses in certain cases. | <p>A. All police officers appointed by the Superintendent are vested with the authority and power to administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of all laws relating to the operation of motor vehicles, applications for driver's licenses and the collection and refunding of taxes levied on gasoline, for which services they shall receive no compensation.</p><p>B. Any member of the Bureau of Criminal Investigation conducting an investigation may petition an appropriate judicial officer for the issuance of a summons directed to a sheriff of any county or city, police chief of any town, or to any member of the Bureau of Criminal Investigation, commanding the officer to summon witnesses at such time and place as he may direct. Any such officer to whom the summons is delivered shall forthwith execute it, and make return thereof at the time and place named therein.</p><p>C. Any member of the Bureau of Criminal Investigation who is conducting an investigation requested under the provisions of § <a href='http://law.lis.virginia.gov/vacode/52-8.2/'>52-8.2</a> or investigating frauds or attempts to defraud the Commonwealth or any of its political subdivisions or investigating criminal misconduct related to official duties of any officer, agent, or employee of the Commonwealth or any of its political subdivisions, upon authorization by the Attorney General or an attorney for the Commonwealth, may administer an oath to any complaining witness who is giving a statement or evidence concerning such investigation. If oath is administered pursuant to this statute it shall be administered prior to the taking of any statement, and any statement taken after such oath shall be reduced to writing and subscribed by the witness.</p><p>1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R.P. 1948, § 52-9; 1980, c. 228; 1981, c. 223; 1984, c. 780.</p> | ||||||||
| 21 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-9.1 | Distinctive uniform to be adopted for State police officers. | <p>The Superintendent of State Police shall cause to be designed and, with the approval of the Governor, adopt a distinctive uniform with appropriate insignia for the use of the police officers appointed by him. Such uniform, when adopted, shall be worn by all such police officers when on patrol duty, and at such other times as the Superintendent may by regulation prescribe.</p><p>1950, p. 154; 1973, c. 401.</p> | ||||||||
| 22 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-9.1:1 | Retired and former law-enforcement officers; retention of badge. | <p>A. Notwithstanding any provision of law to the contrary, on and after July 1, 1978, every State police officer shall upon retirement be awarded his badge or other insignia of his office for permanent keeping; provided, however, the Superintendent of State Police, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.</p><p>B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § <a href='/vacode/65.2-107/'>65.2-107</a>, by a mental health professional, as defined in § <a href='/vacode/65.2-107/'>65.2-107</a>, or who is disabled, such individual shall be awarded his badge or other insignia of his office in accordance with the procedures established under subsection A; however, the mounted badge or insignia shall include an indication that the individual honorably served. The Superintendent of State Police may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual awarded a badge or insignia under this subsection shall be ineligible to receive a badge or insignia pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § <a href='/vacode/15.2-1707/'>15.2-1707</a>.</p><p>1978, c. 569; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0491'>491</a>.</p> | ||||||||
| 23 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-9.2 | Wearing of same or similar uniforms by other persons. | <p>When such official uniform has been adopted by the Superintendent, no police officer of any county, city or town, special policeman, guard or other person shall wear any uniform identical with such official uniform or so similar in appearance as to be likely to deceive the casual observer.</p><p>Violations of this section or § <a href='http://law.lis.virginia.gov/vacode/52-9.1/'>52-9.1</a> shall constitute a misdemeanor and be punished as provided by law.</p><p>1950, p. 154.</p> | ||||||||
| 24 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-10 | Fees and rewards. | <p>No court in the Commonwealth shall in any case, in which a fine is assessed for the violation of any law of the Commonwealth, or any subdivision thereof, assess, as a part of the cost of the case any fee for arrest, or as a witness, for the benefit of any police officer of the Department of State Police; nor shall any such police officer receive any such fee. Any such police officer who accepts or receives any such fee shall be guilty of a misdemeanor and shall be punished by a fine of not more than $100, and in addition the Superintendent may remove him therefor. But such officers are not prohibited from accepting or receiving rewards.</p><p>1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R.P. 1948, § 52-10; 2005, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0839'>839</a>.</p> | ||||||||
| 25 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-11 | Defense of police officers. | <p>If any police officer appointed by the Superintendent of State Police shall be brought before any regulatory body, summoned before any grand jury, investigated by any other law-enforcement agency, or arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Superintendent may employ special counsel approved by the Attorney General to defend such officer. Upon a finding that (i) the officer did not violate a law or regulation resulting from the act which was the subject of the investigation and (ii) the officer will not be terminated from employment as the result of such act, the Superintendent shall pay for the special counsel employed. The compensation for special counsel employed, pursuant to this section, shall, subject to the approval of the Attorney General, be paid out of the funds appropriated for the administration of the Department of State Police.</p><p>1938, p. 491; Michie Code 1942, § 2154(54a); R. P. 1948, § 52-11; 1958, c. 542; 1991, c. 631.</p> | ||||||||
| 26 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-11.1 | State Health Commissioner to cooperate. | <p>The State Health Commissioner shall cause to be furnished to the Department of State Police all such assistance requested by the Superintendent of State Police or the authorized officers and agents of the Department of State Police as may be afforded by the technical staff of the Department of Health and the Chief Medical Examiner.</p><p>The State Health Commissioner may, in his discretion, furnish to any other law-enforcement officer or agency, such assistance as is afforded by the technical staff of the Department of Health and the Chief Medical Examiner.</p><p>R.P. 1948, § 52-11.1; 1952, c. 493; 1979, c. 123.</p> | ||||||||
| 27 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-11.2 | Services of State Police in areas of counties that have merged, consolidated or been annexed into cities. | <p>When a county or city merges or consolidates into a city, or when a combination of counties and cities merge into a city, or when any county and all of the incorporated towns located entirely therein merge, consolidate or be annexed or when any county or part thereof be annexed into a city or cities, the governing body of any such city may thereafter request of the Superintendent of State Police, and upon such request he shall grant, the services of the Department of State Police in those areas of the counties which were merged, or consolidated or annexed into such city or cities for a period of ten years after the effective date of such merger, consolidation or annexation which were not previously incorporated.</p><p>1968, c. 228; 1970, c. 224; 1971, Ex. Sess., c. 177; 1991, c. 189.</p> | ||||||||
| 28 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-11.3 | Acquisition of military property. | <p>A. The Superintendent of State Police is authorized to apply for and accept grants or loans of personal property from the U.S. Department of Defense for use in the law-enforcement activities of the Department of State Police or any other law-enforcement agency of the Commonwealth or its political subdivisions. In connection with the receipt of such property, the Department of State Police and any other law-enforcement agency to which the property is transferred may agree to hold the United States government harmless against claims for damages arising out of the use of the property received. Such other law-enforcement agencies may also agree to hold the Commonwealth harmless against such claims.</p><p>B. Notwithstanding the provisions of subsection A, the Superintendent shall not acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; (iii) grenades or similar explosives or grenade launchers from a surplus program operated by the federal government; (iv) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat, also known as MRAPs, from a surplus program operated by the federal government; (v) bayonets; (vi) rifles of .50 caliber or higher; (vii) rifle ammunition of .50 caliber or higher; or (viii) weaponized tracked armored vehicles.</p><p>Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item in connection with a criminal investigation or proceeding or subject to a civil forfeiture. Any property obtained by seizure shall be disposed of at the conclusion of any investigation or as otherwise provided by law.</p><p>C. Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other lifesaving medication, or any personal property that is not specifically prohibited pursuant to subsection B from the federal government.</p><p>1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0149'>149</a>; 2020, Sp. Sess. I, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0037'>37</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0055'>55</a>; 2022, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0375'>375</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0376'>376</a>.</p> | ||||||||
| 29 | 52 | POLICE (STATE) | 1 | DEPARTMENT OF STATE POLICE | § 52-11.6 | Arrest or summons quota prohibited. | <p>A. The Department of State Police shall not establish a formal or informal quota that requires a police officer to make a specific number of arrests or issue a specific number of summonses within a designated period of time.</p><p>B. The Department of State Police shall not use the number of arrests made or summonses issued by a police officer as the sole criterion for evaluating an officer's job performance.</p><p>C. Nothing in this section shall preclude the Department of State Police from collecting, analyzing, and utilizing information concerning the number of arrests made or summonses issued for any other purpose.</p><p>2022, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0208'>208</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0209'>209</a>.</p> | ||||||||
| 30 | 52 | POLICE (STATE) | 2 | State Police Communication System | § 52-12 | Establishment of State Police communication system. | <p>There shall be established in the Department of State Police a fully integrated police communication system operating through sending and receiving stations or receiving stations only, and such associated equipment as may be necessary, at the headquarters of the Superintendent of State Police and at such substations or detached posts as shall be designated by the Superintendent for the purpose of prompt collection and distribution of information throughout the Commonwealth as the police problems of the Commonwealth may require. Authority is hereby granted to connect such communication system directly or indirectly with similar systems in this or adjoining states.</p><p>1938, p. 674; Michie Code 1942, § 2154(233); 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 31 | 52 | POLICE (STATE) | 2 | State Police Communication System | § 52-13 | Installation, operation, and maintenance of system; personnel. | <p>The Superintendent of State Police is authorized to install, operate, and maintain the communication system and to employ the necessary personnel for its installation, operation, and maintenance. The persons so employed may be members of the State Police, or other state employees, particularly qualified for the duty they are to perform.</p><p>1938, p. 674; Michie Code 1942, § 2154(234); 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 32 | 52 | POLICE (STATE) | 2 | State Police Communication System | § 52-14 | Availability of system. | <p>The communication system provided for in this chapter may be made available for use by any department or division of state government and by any county, city, town, railroad, or other special police department lawfully maintained by any corporation in the Commonwealth as well as agencies of the federal government, subject to the following terms and conditions:</p><p>1. Application for permission to connect with the communication system shall be made to the Superintendent of State Police on forms to be provided by him;</p><p>2. Such application may be approved by the Superintendent if, as, and when in his discretion such connection is requisite and necessary for the best interests of the entire system;</p><p>3. Upon approval of such application and before the applicant shall be connected with the communication system, such applicant must agree to assume and pay all rentals for sending and receiving stations, or receiving stations only, as may be authorized by the Superintendent for installation within the jurisdiction of the applicant, and any and all costs of installation and operation of such stations; and</p><p>4. a. The Commonwealth shall pay all rental for necessary wire or circuit mileage required to connect such stations operated by criminal justice agencies of the Commonwealth and its political subdivisions, or the Federal Bureau of Investigation, with the communication system; and</p><p>b. All other agencies shall agree, as a condition of connection or continued service, to assume and pay all rental for necessary wire or circuit mileage required to connect such stations with the communication system.</p><p>1938, p. 674; Michie Code 1942, § 2154(235); 1999, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0150'>150</a>; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 33 | 52 | POLICE (STATE) | 2 | State Police Communication System | § 52-15 | Control of system; orders, rules, or regulations. | <p>The communication system shall remain at all times under the physical and operational control of the Superintendent of State Police, and such control may be exercised by him through such member of the Department of State Police as he shall designate for such purpose.</p><p>The Superintendent may make and issue such orders, rules, or regulations for the use of the system as are necessary for efficient operation.</p><p>1938, p. 675; Michie Code 1942, § 2154(236); 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 34 | 52 | POLICE (STATE) | 3 | Joint State and Local Police Communication System | § 52-16 | Governor may establish and maintain joint communication system to aid police. | <p>The Governor may establish, purchase, lease, or otherwise acquire all necessary property, real and personal, for the purpose of establishing and maintaining a joint state and local police communication system and cause to be constructed, equipped, maintained, and operated, at such place or places as he may determine, a communication system for transmitting and receiving messages and data, in connection with the work of the police departments of, and officers exercising police powers in, the cities, towns, and counties of the Commonwealth and the work of the police officers of the Department of State Police, relating to the detection of crime, the apprehension of criminals, emergency management and response, information relating to criminal activity, and other necessary police activities.</p><p>1936-7, p. 44; Michie Code 1942, § 2991b; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 35 | 52 | POLICE (STATE) | 3 | Joint State and Local Police Communication System | § 52-17 | Contracts with counties, cities, and towns. | <p>In order to make the communication system effective and of greatest benefit to the people of the Commonwealth, the Governor may enter into negotiations with and make contracts and agreements with the counties, cities, and towns of the Commonwealth whereby portions of the cost of establishing, purchasing, constructing, maintaining, and operating such system will be borne by such localities.</p><p>In making agreements with the several localities, due consideration shall be given to the population thereof and to any expense incurred, or which may be incurred, by such localities in purchasing, constructing, maintaining, and operating local systems for similar purposes.</p><p>1936-7, p. 45; Michie Code 1942, § 2991b; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 36 | 52 | POLICE (STATE) | 3 | Joint State and Local Police Communication System | § 52-18 | Districts. | <p>The Governor may divide the Commonwealth into two or more communication system districts, and, in the event of the proper proportionate monetary cooperation upon the part of localities within any one or more of such districts, may arrange for the establishment, purchase, installation, maintenance, and operation of such communication system equipment within such district or districts.</p><p>1936-7, p. 45; Michie Code 1942, § 2991b; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 37 | 52 | POLICE (STATE) | 3 | Joint State and Local Police Communication System | § 52-19 | Rules and regulations. | <p>The Governor may make and issue reasonable rules and regulations as he may deem necessary for the proper use of such communication system.</p><p>1936-7, p. 45; Michie Code 1942, § 2991b; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0049'>49</a>.</p> | ||||||||
| 38 | 52 | POLICE (STATE) | 4 | Arrests by State Police | § 52-21 | Procedure after arrest without warrant. | <p>Except in the case of a violation of a provision of Title 46.2, in which case the officer making the arrest shall proceed as provided in § <a href='http://law.lis.virginia.gov/vacode/46.2-936/'>46.2-936</a>, the officer making the arrest shall forthwith bring the person so arrested before an officer authorized to issue criminal warrants in the county or city where the arrest is made. The officer before whom such person is brought shall proceed to examine the officer making the arrest. If the officer before whom such person is brought has reasonable grounds upon which to believe that a criminal offense has been committed, and that the person arrested has committed such offense, he shall issue such a warrant as might have been issued prior to the arrest of such person under the provisions of § <a href='http://law.lis.virginia.gov/vacode/19.2-72/'>19.2-72</a>. If such a warrant is issued the case shall thereafter be disposed of in like manner as though the warrant had been issued prior to the arrest. If such a warrant be not issued the person so arrested shall be released.</p><p>1942, p. 481; Michie Code 1942, § 4827a; 1960, c. 375; 1962, c. 22; 1982, c. 35.</p> | ||||||||
| 39 | 52 | POLICE (STATE) | 4 | Arrests by State Police | § 52-22 | Arrests for violations of ordinances. | <p>The Superintendent of State Police, his assistants, and the State troopers, patrolmen and police officers appointed by him, shall have authority to execute warrants of arrest for violations of ordinances of counties, cities and towns when requested so to do by the county, city or town authorities. Such arrests may be made upon information transmitted as provided in § <a href='http://law.lis.virginia.gov/vacode/52-20/'>52-20</a>, as well as in cases where the officer is in possession of the warrant.</p><p>The execution of any such warrant shall rest entirely in the discretion of the Superintendent and other officers who may be requested to execute the same, and no such officer shall execute the same in any case where it will in any way interfere with, delay or hinder him in the discharge of his official duties.</p><p>1947, p. 30; Michie Suppl. 1948, § 4827b.</p> | ||||||||
| 40 | 52 | POLICE (STATE) | 5 | INVESTIGATORS AND SPECIAL STATE POLICE OFFICERS | § 52-23 | Appointment by Governor; power and jurisdiction. | <p>The Governor may appoint whenever he deems the same necessary, and may remove at will, investigators and temporary special police officers, who shall be directly responsible to the Governor, be conservators of the peace and have jurisdiction throughout the Commonwealth in the enforcement of the laws of the Commonwealth. Such investigators and special police officers shall have in all the counties, cities and towns of the Commonwealth all the power and authority, in connection with the enforcement of the laws of the Commonwealth, vested by law in sheriffs of the counties and police officers of cities and towns.</p><p>Code 1919, § 332; 1932, p. 136; 1958, c. 611.</p> | ||||||||
| 41 | 52 | POLICE (STATE) | 5 | INVESTIGATORS AND SPECIAL STATE POLICE OFFICERS | § 52-24 | Compensation. | <p>Such investigators and temporary special police officers shall be paid such compensation as may be allowed by the Governor, such compensation to be paid from such moneys as shall be appropriated to the Governor for the executive control of the Commonwealth, and not otherwise specifically appropriated.</p><p>Code 1919, § 332; 1932, p. 136; 1958, c. 611.</p> | ||||||||
| 42 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-25 | Uniform crime reporting system established. | <p>The Superintendent shall establish, organize, equip, staff and maintain within the Department of State Police, at such departmental locations as the Superintendent may direct, a uniform crime reporting system for the purpose of receiving, compiling, classifying, analyzing and publishing crime statistics of offenses known, persons arrested, and persons charged and other information pertaining to the investigation of crime and the apprehension of criminals, as hereinafter provided. The Superintendent shall appoint or designate necessary personnel to carry out the duties and assignments in accordance with rules and regulations pertaining thereto promulgated by the Superintendent.</p><p>1974, c. 577.</p> | ||||||||
| 43 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-25.1 | Reporting and return of firearms confiscated or recovered by law-enforcement agencies. | <p>A. Whenever a law-enforcement agency confiscates a firearm in connection with a criminal investigation or otherwise recovers a firearm, such agency shall immediately take all appropriate steps to identify and trace the history of such firearm.</p><p>B. The Superintendent shall establish a procedure within the Department of State Police to obtain information regarding all firearms seized, forfeited, found, or otherwise coming into the possession of any state or local law-enforcement agency of the Commonwealth. All law-enforcement agencies of the Commonwealth and of political subdivisions of the Commonwealth shall share with other Virginia law-enforcement agencies all information regarding firearms seized, forfeited, found, or otherwise coming into the agency's possession that are believed to have been used in the commission of a crime and shall enter such information into a firearms tracing system maintained by the U.S. Department of Justice. The Superintendent shall adopt regulations prescribing the method for reporting this information and the time and manner of submission of the information to a firearms tracing system maintained by the U.S. Department of Justice.</p><p>C. Except as provided in § <a href='http://law.lis.virginia.gov/vacode/19.2-386.29/'>19.2-386.29</a>, whenever a firearm is identified as stolen, the law-enforcement agency shall return such firearm to the rightful owner thereof, if known, provided the owner is not prohibited from possessing the firearm and the agency does not need to retain the firearm as evidence in a criminal prosecution.</p><p>1993, cc. 475, 834; 1994, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0394'>394</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0502'>502</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0214'>214</a>.</p> | ||||||||
| 44 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-26 | Cooperation with other law-enforcement agencies. | <p>The Superintendent is authorized to maintain liaison and to cooperate with law-enforcement and criminal justice agencies of all counties, cities and towns and all other agencies, departments, and institutions of the Commonwealth, other states and of the United States in order to develop and carry on a comprehensive uniform crime reporting program for the Commonwealth. Uniform crime reports for the Commonwealth shall be published by the Superintendent and distributed in an electronic format to the General Assembly and the office of the Governor, annually. The Superintendent shall publicize the availability of the reports to all law-enforcement agencies, attorneys for the Commonwealth, and the courts.</p><p>1974, c. 577; 1979, c. 83; 2007, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0135'>135</a>.</p> | ||||||||
| 45 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-27 | Aid to reporting agencies. | <p>The Department shall render all necessary aid and assistance to all reporting agencies in order to fulfill the requirements of the uniform crime reporting program for the Commonwealth.</p><p>1974, c. 577.</p> | ||||||||
| 46 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-28 | Duty of Commonwealth and local agencies to make reports. | <p>All Commonwealth, county and municipal law-enforcement agencies shall submit to the Department all periodic uniform crime reports setting forth their activities in connection with law enforcement. The provisions of this chapter shall not apply to any police agency not paid entirely from public funds.</p><p>1974, c. 577; 1979, c. 83.</p> | ||||||||
| 47 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-28.1 | Reporting of gang-related criminal information; inclusion in annual Crime in Virginia report. | <p>The Department of State Police shall include arrest statistics for violations of §§ <a href='http://law.lis.virginia.gov/vacode/18.2-46.2/'>18.2-46.2</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-46.3/'>18.2-46.3</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-46.3:1/'>18.2-46.3:1</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-46.3:3/'>18.2-46.3:3</a>, and <a href='http://law.lis.virginia.gov/vacode/18.2-55.1/'>18.2-55.1</a> in the annual Crime in Virginia report.</p><p>2008, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0746'>746</a>.</p> | ||||||||
| 48 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-29 | Rules and regulations for form, etc. | <p>The Superintendent shall adopt and promulgate rules and regulations prescribing the form, general content, time and manner of submission of such uniform crime reports of all offenses designated by him, including, but not limited to, part I and part II offenses as set out by the Federal Bureau of Investigation.</p><p>1974, c. 577.</p> | ||||||||
| 49 | 52 | POLICE (STATE) | 6 | UNIFORM CRIME REPORTING PROGRAM | § 52-30 | Reports to Federal Bureau of Investigation. | <p>The Department shall correlate reports submitted to it and shall compile and submit reports to the Federal Bureau of Investigation on behalf of all agencies of the Commonwealth, as may be required by the federal standards for the uniform crime reporting program.</p><p>1974, c. 577.</p> | ||||||||
| 50 | 52 | POLICE (STATE) | 6.1 | Virginia Community Policing Act | § 52-30.2 | Prohibited practices; collection of data. | <p>A. No State Police officer shall engage in bias-based profiling in the performance of his official duties.</p><p>B. State Police officers shall collect data pertaining to (i) all investigatory motor vehicle stops, (ii) all stop-and-frisks of a person based on reasonable suspicion, and (iii) all other investigatory detentions that do not result in an arrest or the issuance of a summons to be reported into the Community Policing Reporting Database. State Police officers shall submit the data to their commanding officers, who shall forward it to the Superintendent of State Police.</p><p>C. Each time a law-enforcement officer or State Police officer stops a driver of a motor vehicle, stops and frisks a person based on reasonable suspicion, or temporarily detains a person during any other investigatory stop, such officer shall collect the following data based on the officer's observation or information provided to the officer by the driver: (i) the race, ethnicity, age, gender of the person stopped, and whether the person stopped spoke English; (ii) the reason for the stop; (iii) the location of the stop; (iv) whether a warning, written citation, or summons was issued or whether any person was arrested; (v) if a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged; (vi) whether the vehicle or any person was searched; and (vii) whether the law-enforcement officer or State Police officer used physical force against any person and whether any person used physical force against any officers.</p><p>D. Each state and local law-enforcement agency shall collect the number of complaints the agency receives alleging the use of excessive force.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1165'>1165</a>; 2020, Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0037'>37</a>.</p> | ||||||||
| 51 | 52 | POLICE (STATE) | 6.1 | Virginia Community Policing Act | § 52-30.3 | Community Policing Reporting Database established. | <p>A. The Department of State Police shall develop and implement a uniform statewide database to collect all records of investigatory motor vehicle stops, all stop-and-frisks of a person based on reasonable suspicion, and other investigatory detentions that do not result in an arrest or the issuance of a summons, records of complaints alleging the use of excessive force, and data and information submitted by law-enforcement agencies pursuant to §§ <a href='/vacode/15.2-1609.10/'>15.2-1609.10</a>, <a href='/vacode/15.2-1722.1/'>15.2-1722.1</a>, and <a href='/vacode/52-30.2/'>52-30.2</a>. The Department of State Police shall provide the Department of Criminal Justice Services with secure remote access to the database for the purposes of analyzing such data as required by subsection A of § <a href='/vacode/9.1-192/'>9.1-192</a>.</p><p>B. The Department of State Police shall promulgate regulations governing the operation and maintenance of the database.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1165'>1165</a>; 2020 Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0037'>37</a>.</p> | ||||||||
| 52 | 52 | POLICE (STATE) | 6.1 | Virginia Community Policing Act | § 52-30.4 | Reporting of state and local law-enforcement agencies required. | <p>All state and local law-enforcement agencies shall collect the data specified in subsections C and D of § <a href='/vacode/52-30.2/'>52-30.2</a>, and any other data as may be specified by the Department of State Police, on forms developed by the Department of State Police and submit such data to the Department of State Police for inclusion in the Community Policing Reporting Database.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1165'>1165</a>; 2020, Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0037'>37</a>.</p> | ||||||||
| 53 | 52 | POLICE (STATE) | 7 | MISSING CHILDREN INFORMATION CLEARINGHOUSE | § 52-31 | Missing Children Information Clearinghouse established. | <p>The Superintendent shall establish, organize, equip, staff and maintain within the Department of State Police a Missing Children Information Clearinghouse as a central repository of information regarding missing children. Such information shall be collected, processed, maintained and disseminated by the Clearinghouse as accurately and completely as possible to assist in the location of missing children.</p><p>1985, c. 259.</p> | ||||||||
| 54 | 52 | POLICE (STATE) | 7 | MISSING CHILDREN INFORMATION CLEARINGHOUSE | § 52-31.1 | Superintendent to establish network. | <p>The Superintendent of State Police shall establish a network to implement reports of the disappearance of children by local law-enforcement agencies to local school division superintendents and the State Registrar of Vital Records. The network shall be designed to establish cooperative arrangements between local law-enforcement agencies and local school divisions concerning reports of missing children, whereby law enforcement shall within 24 hours or the next business day, notify the principal of the school where the missing child is or was most recently enrolled and inform the school official of the report, and notices to law-enforcement agencies of requests for copies of the cumulative records and birth certificates of missing children. Upon notification of a request for a marked school record or other information regarding a missing child, the Superintendent shall immediately initiate an investigation into the circumstances surrounding the request, including a search for any record that may exist showing who has legal custody of the child and for any record that may disclose an allegation of child abuse perpetrated against a member of the child's family. The network shall also establish a mechanism for reporting the identities of all missing children to the State Registrar of Vital Records.</p><p>1990, c. 295; 2006, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0295'>295</a>.</p> | ||||||||
| 55 | 52 | POLICE (STATE) | 7 | MISSING CHILDREN INFORMATION CLEARINGHOUSE | § 52-33 | Powers and duties of Clearinghouse. | <p>The Clearinghouse shall have the following powers and duties:</p><p>1. To maintain a centralized file for the exchange of information on missing children within the Commonwealth. The Clearinghouse shall accept a missing child report from any law-enforcement officer as defined in § <a href='http://law.lis.virginia.gov/vacode/9.1-101/'>9.1-101</a>. Any parent, guardian, legal custodian or other person standing in loco parentis of a missing child may contact the Clearinghouse to verify the entry of a missing child report on such child. If the Clearinghouse is requested to verify a missing child report which has not been received, the Clearinghouse shall immediately contact the appropriate law-enforcement agency and take such measures as may be necessary to determine whether a report should be entered in the centralized file.</p><p>2. To maintain a system of intrastate communication to receive information relating to the disappearance or sighting of missing children. Such system shall be available twenty-four hours per day, seven days per week.</p><p>3. To maintain close liaison with the National Crime Information Center and the National Center for Missing and Exploited Children for the exchange of information on children suspected of interstate or international travel and for assistance in the operation of the Clearinghouse.</p><p>4. To circulate a monthly bulletin on missing children to the news media, all law-enforcement agencies, and every school in the Commonwealth.</p><p>5. To provide emergency flyers containing physical and situational descriptions of missing children when requested by law-enforcement agencies.</p><p>6. To provide for training of public and private organizations regarding the operation of the Clearinghouse.</p><p>7. To provide assistance to law-enforcement agencies in planning and implementing programs to fingerprint children.</p><p>1985, c. 259; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0818'>818</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0852'>852</a>.</p> | ||||||||
| 56 | 52 | POLICE (STATE) | 7 | MISSING CHILDREN INFORMATION CLEARINGHOUSE | § 52-34 | Notification required when missing child located. | <p>Any law-enforcement officer who has reported a missing child to the Clearinghouse shall notify the Clearinghouse immediately upon determining the location of the child.</p><p>1985, c. 259.</p> | ||||||||
| 57 | 52 | POLICE (STATE) | 7.1 | VIRGINIA AMBER ALERT PROGRAM | § 52-34.2 | Establishment of the Virginia Amber Alert Program. | <p>The Virginia State Police shall develop policies for the establishment of uniform standards for the creation of Amber Alert Programs throughout the Commonwealth. Amber Alert Programs may be local, regional, or statewide. They may include multiple localities or regions and may be expanded or compressed. The Virginia State Police may (i) inform local law-enforcement officials of the policies and procedures for the Amber Alert Programs set by the State Police; (ii) assist in determining the geographic scope of a particular Amber Alert; and (iii) establish procedures and standards by which a local law-enforcement agency may verify a child has been abducted and report such information to the Virginia State Police.</p><p>The establishment of an Amber Alert Program by a locality and the media is voluntary and nothing in this chapter shall be construed to be a mandate that local officials or the media establish or participate in an Amber Alert Program. Existing Amber Agreements and Programs shall not be altered by the act of assembly creating this chapter.</p><p>2003, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0083'>83</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0086'>86</a>.</p> | ||||||||
| 58 | 52 | POLICE (STATE) | 7.2 | VIRGINIA SENIOR ALERT PROGRAM | § 52-34.5 | Establishment of the Virginia Senior Alert Program. | <p>The Virginia State Police shall develop policies for the establishment of uniform standards for the creation of Senior Alert Programs throughout the Commonwealth. The Virginia State Police shall (i) inform local law-enforcement officials of the policies and procedures to be used for the Senior Alert Programs; (ii) assist in determining the geographic scope of a particular Senior Alert; and (iii) establish procedures and standards by which a local law-enforcement agency shall verify that a senior adult is missing and shall report such information to the Virginia State Police.</p><p>The establishment of a Senior Alert Program by a local law-enforcement agency and the media is voluntary, and nothing in this chapter shall be construed to be a mandate that local officials or the media establish or participate in a Senior Alert Program.</p><p>2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0486'>486</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0723'>723</a>.</p> | ||||||||
| 59 | 52 | POLICE (STATE) | 7.2 | VIRGINIA SENIOR ALERT PROGRAM | § 52-34.6 | Activation of Senior Alert Program upon an incident of a missing senior adult. | <p>A. Upon receipt of a notice of a missing senior adult from a law-enforcement agency, the Virginia State Police shall confirm the accuracy of the information and provide assistance in the activation of the Senior Alert Program as the investigation dictates.</p><p>B. Senior Alerts may be local, regional, or statewide. The initial decision to make a local Senior Alert shall be at the discretion of the local law-enforcement official. Prior to making a local Senior Alert, the local law-enforcement official shall confer with the Virginia State Police and provide information regarding the missing senior adult to the Virginia State Police. The decision to make a regional or statewide Senior Alert shall be at the discretion of the Virginia State Police.</p><p>C. The Senior Alert shall include the missing senior adult information as defined in § <a href='http://law.lis.virginia.gov/vacode/15.2-1718.1/'>15.2-1718.1</a> and any other such information as the law-enforcement agency deems appropriate that will assist in the safe recovery of the missing senior adult.</p><p>D. The Senior Alert shall be cancelled under the terms of the Senior Alert Agreement. Any local law-enforcement agency that locates a missing senior adult who is the subject of an alert shall notify the Virginia State Police immediately that the missing senior adult has been located.</p><p>2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0486'>486</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0723'>723</a>.</p> | ||||||||
| 60 | 52 | POLICE (STATE) | 7.3 | VIRGINIA BLUE ALERT PROGRAM | § 52-34.8 | Establishment of the Virginia Blue Alert Program. | <p>The Department of State Police shall establish a Blue Alert Program in the Commonwealth and develop policies for its implementation. The Blue Alert Program may be activated when a suspect for a crime involving the death or serious injury of a law-enforcement officer has not been apprehended and may be a serious threat to the public or when a law-enforcement officer is missing while in the line of duty under circumstances warranting concern for the law-enforcement officer's safety. The Department of State Police shall (i) establish procedures and standards by which a local law-enforcement agency may assess whether the conditions for a Blue Alert have been met and report such information to the Department of State Police, (ii) inform local law-enforcement officials of the policies and procedures for the Blue Alert Program set by the Department, and (iii) assist in determining the geographic scope of a particular Blue Alert.</p><p>2011, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0669'>669</a>.</p> | ||||||||
| 61 | 52 | POLICE (STATE) | 7.3 | VIRGINIA BLUE ALERT PROGRAM | § 52-34.9 | Activation of Blue Alert Program. | <p>A. Upon notification by a law-enforcement agency that a suspect in a case involving the death or serious injury of a law-enforcement officer has not been apprehended and may be a serious threat to the public, the Department of State Police shall confirm that (i) a suspect has not been apprehended, (ii) the suspect may be a serious threat to the public, and (iii) sufficient information is available to disseminate to the public that could assist in locating the suspect.</p><p>B. Upon notification by a law-enforcement agency that a law-enforcement officer is missing while in the line of duty under circumstances warranting concern for such law-enforcement officer's safety, the Department of State Police shall confirm this information and determine whether sufficient information is available to disseminate to the public that could assist in locating the missing law-enforcement officer.</p><p>C. Upon verification that conditions set forth in subsection A or B have been met, the Department of State Police shall activate the Blue Alert Program.</p><p>D. The area of the alert may be less than statewide if the Department of State Police determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location or if the nature of the event makes it probable that the missing law-enforcement officer is within a certain geographic location. The Department of State Police shall assess the appropriate boundaries for the alert based on the nature of the suspect, the circumstances surrounding the crime or the last known location of the missing law-enforcement officer.</p><p>E. The Blue Alert shall include such information as the Department of State Police deems appropriate that will assist in the apprehension of the suspect or the locating of the missing law-enforcement officer.</p><p>F. A law-enforcement agency shall notify the Department of State Police immediately when the suspect is located or the law-enforcement officer is found or the incident is otherwise resolved.</p><p>G. The Department of State Police shall terminate any activation of the Blue Alert Program with respect to a particular incident if (i) the suspect or law-enforcement officer is located or the incident is otherwise resolved or (ii) the Department of State Police determines that the Blue Alert Program is no longer an effective tool for locating the suspect or law-enforcement officer.</p><p>2011, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0669'>669</a>.</p> | ||||||||
| 62 | 52 | POLICE (STATE) | 7.4 | Virginia Critically Missing Adult Alert Program | § 52-34.11 | Establishment of the Virginia Critically Missing Adult Alert Program. | <p>The Virginia State Police shall develop policies for the establishment of uniform standards for the creation of Critically Missing Adult Alert Programs throughout the Commonwealth. The Virginia State Police shall (i) inform local law-enforcement officials of the policies and procedures to be used for the Critically Missing Adult Alert Programs; (ii) assist in determining the geographic scope of a particular Critically Missing Adult Alert; and (iii) establish procedures and standards by which a local law-enforcement agency shall verify that an adult is a critically missing adult and shall report such information to the Virginia State Police.</p><p>The establishment of a Critically Missing Adult Alert Program by a local law-enforcement agency and the media is voluntary, and nothing in this chapter shall be construed to be a mandate that local officials or the media establish or participate in a Critically Missing Adult Alert Program.</p><p>2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0397'>397</a>.</p> | ||||||||
| 63 | 52 | POLICE (STATE) | 7.4 | Virginia Critically Missing Adult Alert Program | § 52-34.12 | Activation of Critically Missing Adult Alert Program upon an incident of a critically missing adult. | <p>A. Upon receipt of a notice of a critically missing adult from a law-enforcement agency, the Virginia State Police shall confirm the accuracy of the information and provide assistance in the activation of the Critically Missing Adult Alert Program as the investigation dictates.</p><p>B. Critically Missing Adult Alerts may be local, regional, or statewide. The initial decision to make a local Critically Missing Adult Alert shall be at the discretion of the local law-enforcement official. Prior to making a local Critically Missing Adult Alert, the local law-enforcement official shall confer with the Virginia State Police and provide information regarding the critically missing adult to the Virginia State Police. The decision to make a regional or statewide Critically Missing Adult Alert shall be at the discretion of the Virginia State Police.</p><p>C. The Critically Missing Adult Alert shall include the critically missing adult information as defined in § <a href='/vacode/15.2-1718.2/'>15.2-1718.2</a> and any other such information as the law-enforcement agency deems appropriate that will assist in the safe recovery of the critically missing adult.</p><p>D. The Critically Missing Adult Alert shall be cancelled under the terms of the Critically Missing Adult Alert Agreement. Any local law-enforcement agency that locates a critically missing adult who is the subject of an alert shall notify the Virginia State Police immediately that the critically missing adult has been located.</p><p>2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0397'>397</a>.</p> | ||||||||
| 64 | 52 | POLICE (STATE) | 8 | WITNESS PROTECTION PROGRAM | § 52-35 | Witness protection program established. | <p>The Superintendent of State Police may establish and maintain within the Department of State Police a witness protection program to temporarily relocate or otherwise protect witnesses and their families who may be in danger because of their cooperation with the investigation and prosecution of serious violent crimes, felony violations of § <a href='http://law.lis.virginia.gov/vacode/18.2-248/'>18.2-248</a>, and violations of §§ <a href='http://law.lis.virginia.gov/vacode/18.2-57.2/'>18.2-57.2</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-67.5:1/'>18.2-67.5:1</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-67.5:2/'>18.2-67.5:2</a>, and <a href='http://law.lis.virginia.gov/vacode/18.2-67.5:3/'>18.2-67.5:3</a>. The Superintendent may make the services of the program available to law-enforcement and criminal justice agencies of all counties, cities, and towns, and of the Commonwealth, pursuant to regulations promulgated by the Superintendent under the Administrative Process Act. (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>1994, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0833'>833</a>; 2002, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0810'>810</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0818'>818</a>.</p> | ||||||||
| 65 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-37 | Insurance Fraud Investigation Unit established; powers and duties of Department of State Police. | <p>A. There shall be established within the Department of State Police, Bureau of Criminal Investigation, the Insurance Fraud Investigation Unit. The purposes of this unit shall be to:</p><p>1. Initiate independent inquiries and conduct independent investigations when the Department has reason to believe that insurance fraud may have been or is currently being committed, and to undertake studies to determine the extent of such insurance fraud.</p><p>2. Respond to notification or complaints alleging insurance fraud generated by federal, state and local police, other law-enforcement authorities, governmental agencies or units, and any other person.</p><p>3. Review notices and reports of insurance fraud; select the incidents of suspected fraud that, in its judgment, require further detailed investigation; and conduct the investigations.</p><p>B. The Superintendent may appoint such agents as he may deem necessary to assist the Department in carrying out its powers and duties under this chapter.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>.</p> | ||||||||
| 66 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-38 | Access to evidence, documentation, and related materials. | <p>A. If the Department seeks evidence, documentation, and related materials from an insurer or insurance professional, whether in written or electronic format, that are located within the Commonwealth or that may be electronically accessed by an insurer or insurance professional conducting business in the Commonwealth, and that are deemed by the Department as pertinent to an investigation or examination, the Department may request access to such evidence, documentation, or related materials. The person so requested shall either provide electronic or physical copies of such evidence, documentation, or related materials to the Department or shall make such evidence, documentation, or related materials available for inspection or examination by a designated representative of the Department.</p><p>B. The provider of evidence, documentation, and related materials under the provisions of subsection A may authenticate any electronic or physical copies of such evidence, documentation, and related materials, excluding the contents of any electronic communications, by providing an affidavit from the custodian of those electronic or physical copies or from a person to whom the custodian reports certifying that the copies are true and complete and that they are prepared in the regular course of business. Any copies authenticated in accordance with this subsection are admissible in evidence as a business record.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>; 2012, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0542'>542</a>.</p> | ||||||||
| 67 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-39 | Confidentiality and immunity from service of process. | <p>A. Papers, records, documents, reports, materials or other evidence relative to the subject of an insurance fraud investigation or examination in the possession of the Department shall remain confidential and shall not be subject to public inspection.</p><p>B. Agents employed by the Department shall not be subject to subpoena in civil actions by any court in this Commonwealth to testify concerning any matter of which they have knowledge pursuant to a pending or continuing insurance fraud investigation or examination being conducted by the Department.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>.</p> | ||||||||
| 68 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-41 | Receipt of information; immunity from liability. | <p>A. Any insurer providing information to an authorized representative of the Department pursuant to § <a href='http://law.lis.virginia.gov/vacode/52-38/'>52-38</a> or pursuant to subdivision B 5 of § <a href='http://law.lis.virginia.gov/vacode/38.2-613/'>38.2-613</a> shall have the right to request relevant information and receive, within thirty days, the information requested.</p><p>B. No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person furnishing information concerning any suspected, anticipated or completed criminal violation when the information is provided to or received from the Department, the National Association of Insurance Commissioners, another insurer, any federal or state governmental entity established for the purposes of detecting and preventing insurance fraud, or the National Insurance Crime Bureau.</p><p>C. No insurer, its officers or employees, insurance professional or any other person shall be subject to such cause of action for cooperating with, or furnishing evidence or information regarding any suspected criminal violation to the Department.</p><p>D. This section shall not provide immunity for those disclosing or furnishing false information with malice or willful intent to injure any person.</p><p>E. This section does not abrogate or modify in any way common law or statutory privilege or immunity heretofore enjoyed by any person or entity, nor does it authorize the Department to make public insurance company records that are proprietary in nature.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>; 2001, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0371'>371</a>.</p> | ||||||||
| 69 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-42 | Reward fund. | <p>The Department, in cooperation with authorized insurers and insurance professionals, may establish and operate a fund to offer monetary rewards for information sufficient to procure conviction in a court of appropriate jurisdiction of a person or persons responsible for insurance fraud. No law-enforcement officer, employee of the Commission, employee of an insurance company or any insurance professional shall be eligible to receive such reward.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>.</p> | ||||||||
| 70 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-43 | Reports. | <p>The Department shall submit an annual report to the Governor and General Assembly no later than February 15 of each year on the progress made in deterring insurance fraud. Such report shall detail (i) all expenditures and receipts of the Insurance Fraud Investigation Unit, (ii) the uses to which these funds were put, including payment of salaries and expenses, purchases of equipment and supplies, and other expenditures by type, and (iii) the results achieved as a consequence of such expenditures, including the number of notifications or inquiries received, the number of inquiries and investigations undertaken, the number of inquiries to which an investigation was not initiated, the number of arrests, the number of files presented to prosecutors, the number of prosecutions, the number of convictions and the total dollar amount of restitution resulting from the operation of the Insurance Fraud Investigation Unit.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>.</p> | ||||||||
| 71 | 52 | POLICE (STATE) | 9 | INSURANCE FRAUD | § 52-44 | Other law-enforcement authority. | <p>This chapter shall not:</p><p>1. Preempt the authority or relieve the duty of any law-enforcement agencies to investigate, examine, and prosecute suspected violations of law.</p><p>2. Limit any of the powers granted elsewhere by the laws of this Commonwealth to the Commission to investigate and examine possible violations of law and to take appropriate action.</p><p>1998, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0590'>590</a>.</p> | ||||||||
| 72 | 52 | POLICE (STATE) | 10 | Protective Order Registry | § 52-45 | Protective Order Registry established. | <p>The Superintendent shall establish, organize and maintain within the Department of State Police a computerized Protective Order Registry as a central repository of information regarding outstanding, valid protective orders. Such information shall be maintained and disseminated by the registry as accurately and completely as possible to assist in the expedited entry and dissemination of protective order information.</p><p>2002, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0810'>810</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0818'>818</a>.</p> | ||||||||
| 73 | 52 | POLICE (STATE) | 11 | VIRGINIA FUSION INTELLIGENCE CENTER | § 52-47 | Virginia Fusion Intelligence Center established. | <p>The Governor shall establish, organize, equip, staff, and maintain a multiagency fusion intelligence center to receive and integrate terrorist-related intelligence and information. The Department of State Police shall operate the facility, as directed by the Governor and in cooperation with the Department of Emergency Management and other such state and local agencies and private organizations as the Governor may deem appropriate. The fusion center shall collect, analyze, disseminate, and maintain such information to support local, state, and federal law-enforcement agencies, and other governmental agencies and private organizations in preventing, preparing for, responding to, and recovering from any possible or actual terrorist attack.</p><p>2005, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0164'>164</a>.</p> | ||||||||
| 74 | 52 | POLICE (STATE) | 11 | VIRGINIA FUSION INTELLIGENCE CENTER | § 52-49 | Receipt of information; immunity from liability. | <p>A. No cause of action for defamation, invasion of privacy, or negligence shall arise against any person for reason of that person's furnishing of information concerning any suspected, anticipated, or completed criminal violation when the information is provided to or received from the Department or any federal or state governmental entity established for the purposes of detecting and preventing acts of terrorism.</p><p>B. No person shall be subject to such cause of action for cooperating with, or furnishing evidence or information regarding any suspected criminal violation to, the Department.</p><p>C. This section shall not provide immunity for those disclosing or furnishing false information with malice or willful intent to injure any person.</p><p>D. This section does not abrogate or modify in any way common law or statutory privilege or immunity heretofore enjoyed by any person or entity.</p><p>2008, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0792'>792</a>.</p> | ||||||||
| 75 | 52 | POLICE (STATE) | 12 | Virginia Voluntary Do Not Sell Firearms List | § 52-50 | Establishment of the Virginia Voluntary Do Not Sell Firearms List. | <p>A. The Department of State Police shall establish the Virginia Voluntary Do Not Sell Firearms List (the List) in the Commonwealth to prohibit the possession, transportation, and sale of firearms to any person who voluntarily registers himself to be enrolled into the List. The Department shall maintain and update the List, and the List shall be used in accordance with § <a href='/vacode/18.2-308.2:2/'>18.2-308.2:2</a> to advise a dealer if the Department's records indicate a buyer or transferee of firearms is prohibited from purchasing, possessing, or transporting a firearm. The Department shall promulgate any regulations and develop any policies for the implementation of the List.</p><p>B. The Department shall withhold from public disclosure all information regarding a request to be enrolled into or removed from the List and any other personal identifying information contained in or related to the List, except that such information may be disclosed to a law-enforcement officer acting in the performance of his official duties or the applicant with respect to his own information.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1173'>1173</a>.</p> | ||||||||
| 76 | 52 | POLICE (STATE) | 12 | Virginia Voluntary Do Not Sell Firearms List | § 52-51 | Voluntary enrollment and removal. | <p>A. Any person 18 years of age or older may apply in writing to the Department of State Police to request voluntary enrollment into the List and, after being enrolled into such List, may apply in writing to the Department to request removal from such List. The application for enrollment into and removal from the List shall be on forms prescribed by the Department of State Police. Pursuant to subsection D, the forms shall state that any person enrolled into the List shall not be removed from the List until 21 days after receiving an application for removal. The Department of State Police shall make the forms available on the Department's website.</p><p>B. Any person requesting enrollment into or removal from such List shall submit a photocopy of one valid form of photo identification issued by a governmental agency of the applicant's state of residency or by the U.S. Department of Defense or U.S. State Department (passport) to accompany the enrollment and removal form. Such request for enrollment into or removal from the List may be submitted to the Department of State Police by mail or in person at any Department of State Police office location.</p><p>C. Upon enrolling a person into the List, the Department shall forward a person's eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System. The Department shall also notify such person by mail that he has been enrolled into the List.</p><p>D. The Department shall not remove any person from the List until 21 days after receipt of the person's removal request. Upon removal of a person's name from the List, the Department shall update such person's eligibility to purchase, possess, or transport a firearm to the National Instant Criminal Background Check System and shall destroy all records of enrollment into and request for removal from the List.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1173'>1173</a>.</p> | ||||||||
| 77 | 52 | POLICE (STATE) | 12 | Virginia Voluntary Do Not Sell Firearms List | § 52-52 | Prohibited conduct; penalty. | <p>A. It is unlawful for any person to inquire as to whether another person has been enrolled into the List for any purpose other than to determine such person's eligibility to purchase, possess, or transport a firearm.</p><p>B. It is unlawful for any person to knowingly give any false information or to make any false statement with the intent of enrolling or removing any other person into or from the List.</p><p>C. It is unlawful for any person to discriminate against a person with respect to his health care services, employment, education, housing, insurance, governmental benefits, or contracting because that person is not on the List, is on the List, or has previously been on the List.</p><p>D. A violation of this section is a Class 1 misdemeanor.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1173'>1173</a>.</p> | ||||||||
| 78 | 52 | POLICE (STATE) | 13 | Gaming Enforcement | § 52-54 | Office of the Gaming Enforcement Coordinator established; purpose; duties. | <p>A. The Superintendent shall designate a Department employee to serve as the Gaming Enforcement Coordinator. The purpose of the office of the Coordinator shall be to synchronize the enforcement of gaming laws by state and local law enforcement, and to serve as a liaison between such agencies and federal law enforcement.</p><p>B. The Coordinator shall have the following duties:</p><p>1. Coordinating enforcement of the Commonwealth's gaming laws by the Department, the Department of Agriculture and Consumer Services, and all other state agencies; attorneys for the Commonwealth; and local law enforcement;</p><p>2. Acting as a liaison between the federal government and the agencies identified in subdivision 1 for purposes of any federal investigation into gaming activities;</p><p>3. Establishing, advertising, and administering a tip line, which may be accessed by phone and by Internet, for members of the public to report concerns about, or suspected instances of, gaming activities; and</p><p>4. Performing any other duties as are necessary to promote and enable the equitable enforcement of gaming laws in the Commonwealth.</p><p>2022, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0721'>721</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0768'>768</a>.</p> |