2006 Code of Virginia § 19.2-13 - Special conservators of the peace; authority; jurisdiction; registration; bond; liability of employ...

19.2-13. Special conservators of the peace; authority; jurisdiction;registration; bond; liability of employers; penalty; report.

A. Upon the application of any sheriff or chief of police of any county,city, town or any corporation authorized to do business in the Commonwealthor the owner, proprietor or authorized custodian of any place within theCommonwealth and the showing of a necessity for the security of property orthe peace, a circuit court judge of any county or city, in his discretion,may appoint one or more special conservators of the peace who shall serve assuch for such length of time as the court may designate, but not exceedingfour years under any one appointment. The order of appointment may providethat a special conservator of the peace shall have all the powers, functions,duties, responsibilities and authority of any other conservator of the peacewithin such geographical limitations as the court may deem appropriate withinthe confines of the county, city or town that makes application or within thecounty, city or town where the corporate applicant is located, limited to thejudicial circuit wherein application has been made, whenever such specialconservator of the peace is engaged in the performance of his duties as such.The order may also provide that the special conservator of the peace is a"law-enforcement officer" for the purposes of Article 4 ( 37.2-808 etseq.) of Chapter 8 of Title 37.2. The order may also provide that the specialconservator of the peace may use the title "police" on any badge or uniformworn in the performance of his duties as such. The order may also providethat a special conservator of the peace who has completed the minimumtraining standards established by the Department of Criminal JusticeServices, has the authority to affect arrests, using up to the same amount offorce as would be allowed to a law-enforcement officer employed by theCommonwealth or any of its political subdivisions when making a lawfularrest. The order also may (i) require the local sheriff or chief of policeto conduct a background investigation which may include a review of theapplicant's school records, employment records, or interviews with personspossessing general knowledge of the applicant's character and fitness forsuch appointment and (ii) limit the use of flashing lights and sirens onpersonal vehicles used by the conservator in the performance of his duties.Prior to granting an application for appointment, the circuit court shallensure that the applicant has met the registration requirements establishedby the Criminal Justice Services Board.

B. Effective September 15, 2004, no person shall seek appointment as aspecial conservator of the peace from a circuit court judge withoutpossessing a valid registration issued by the Department of Criminal JusticeServices, except as provided in this section. Applicants for registration maysubmit an application on or after January 1, 2004. A temporary registrationmay be issued in accordance with regulations established by the CriminalJustice Services Board while awaiting the results of a state and nationalfingerprint search. However, no person shall be issued a temporaryregistration until he has (i) complied with, or been exempted from thecompulsory minimum training standards as set forth in this section, (ii)submitted his fingerprints on a form provided by the Department to be usedfor the conduct of a national criminal records search and a Virginia criminalhistory records search, and (iii) met all other requirements of this articleand Board regulations. No person with a criminal conviction for a misdemeanorinvolving (a) moral turpitude, (b) assault and battery, (c) damage to real orpersonal property, (d) controlled substances or imitation controlledsubstances as defined in Article 1 ( 18.2-247 et seq.) of Chapter 7 of Title18.2, (e) prohibited sexual behavior as described in Article 7 ( 18.2-61 etseq.) of Chapter 4 of Title 18.2, (f) firearms, or (g) any felony, shall beregistered as a special conservator of the peace. All appointments forspecial conservators of the peace shall become void on September 15, 2004,unless they have obtained a valid registration issued by the Department ofCriminal Justice Services.

C. Each person registered as or seeking registration as a special conservatorof the peace shall be covered by (i) a cash bond, or a surety bond executedby a surety company authorized to do business in the Commonwealth, in areasonable amount to be fixed by the Board, not to be less than $10,000,conditioned upon the faithful and honest conduct of his business oremployment; or (ii) evidence of a policy of liability insurance orself-insurance in an amount and with coverage as fixed by the Board. Anyperson who is aggrieved by the misconduct of any person registered as aspecial conservator of the peace and recovers a judgment against theregistrant, which is unsatisfied in whole or in part, may bring an action inhis own name against the bond or insurance policy of the registrant.

D. Individuals listed in 19.2-12, individuals who have complied with orbeen exempted pursuant to subsection A of 9.1-141, individuals employed aslaw-enforcement officers as defined in 9.1-101 who have met the minimumqualifications set forth in 15.2-1705 shall be exempt from the requirementsin subsections A through C. Further, individuals appointed under subsection Aand employed by a private corporation or entity that meets the requirementsof subdivision (ii) of the definition of criminal justice agency in 9.1-101, shall be exempt from the registration requirements of subsection Aand from subsections B and C provided they have met the minimumqualifications set forth in 15.2-1705. The Department of Criminal JusticeServices shall, upon request by the circuit court, provide evidence to thecircuit court of such employment prior to appointing an individual specialconservator of the peace. The employing agency shall notify the circuit courtwithin 30 days after the date such individual has left employment and allpowers of the special conservator of the peace shall be void. Failure toprovide such notification shall be punishable by a fine of $250 plus anadditional $50 per day for each day such notice is not provided.

E. When the application is made, the circuit court shall specify in the orderof appointment the name of the sheriff or chief of police of the applicantcounty, city, town or the name of the corporation and the geographicjurisdiction of the special conservator of the peace. Court appointmentsshall be limited to the judicial circuit wherein application has been madeand to those cities and counties wherein the corporate applicant or itssubsidiary holds title to real property. Effective July 1, 2004, the clerk ofthe appointing circuit court shall transmit a copy of the order ofappointment that shall specify the following information: the person'scomplete name, address, date of birth, social security number, gender, race,height, weight, color of hair, color of eyes, firearm authority or limitationas set forth in subsection F, date of the order, and other information as maybe required by the Department of State Police. The Department of State Policeshall enter the person's name and other information into the VirginiaCriminal Information Network established and maintained by the Departmentpursuant to Chapter 2 ( 52-12 et seq.) of Title 52. The Department of StatePolice may charge a fee not to exceed $10 to cover its costs associated withprocessing these orders. Each special conservator of the peace so appointedon application shall present his credentials to the chief of police orsheriff or his designee of the jurisdiction. Each special conservator shallprovide a temporary registration letter issued by the Department of CriminalJustice Services prior to seeking an appointment by the circuit court. Oncethe applicant receives the appointment from the circuit court the applicantshall file the appointment order with the Department of Criminal JusticeServices in order to receive his special conservator of the peace photoregistration card.

If any such special conservator of the peace is the employee, agent orservant of another, his appointment as special conservator of the peace shallnot relieve his employer, principal or master, from civil liability toanother arising out of any wrongful action or conduct committed by suchspecial conservator of the peace while within the scope of his employment.

Effective July 1, 2002, no person employed by a local school board as aschool security officer, as defined in 9.1-101, shall be eligible forappointment as a conservator for purposes of maintaining safety in a publicschool in the Commonwealth. All appointments of special conservators of thepeace granted to school security officers as defined in 9.1-101 prior toJuly 1, 2002 are void.

F. The court may limit or prohibit the carrying of weapons by any specialconservator of the peace initially appointed on or after July 1, 1996, whilethe appointee is within the scope of his employment as such.

(Code 1950, 19.1-28; 1960, c. 366; 1974, cc. 44, 45; 1975, c. 495; 1976, c.220; 1982, c. 523; 1989, c. 455; 1996, cc. 850, 956; 2001, c. 249; 2002, cc.605, 836, 868; 2003, c. 922; 2004, c. 401; 2005, c. 498; 2006, c. 290.)