2006 Code of Virginia § 9.1-186.4 - Limitations on licensure

9.1-186.4. Limitations on licensure.

A. In order to be licensed as a bail enforcement agent a person shall (i) be21 years of age or older, (ii) have received a high school diploma or GED,and (iii) have satisfactorily completed a basic certification course intraining for bail enforcement agents offered by the Department. Partialexemptions to the training requirements may be approved by the Department ifthe individual has received prior training.

B. The following persons are not eligible for licensure as a bail enforcementagent and may not be employed nor serve as agents for a bail enforcementagent:

1. Persons who have been convicted of a felony within the Commonwealth, anyother state, or the United States, who have not been pardoned, or whose civilrights have not been restored.

2. Persons who have been convicted of any misdemeanor within theCommonwealth, any other state, or the United States within the preceding fiveyears. This prohibition may be waived by the Department, for good causeshown, so long as the conviction was not for one of the following or asubstantially similar misdemeanor: carrying a concealed weapon, assault andbattery, sexual battery, a drug offense, driving under the influence,discharging a firearm, a sex offense, or larceny.

3. Persons who have been convicted of any misdemeanor within theCommonwealth, any other state, or the United States, that is substantiallysimilar to the following: brandishing a firearm or stalking. The Departmentmay not waive the prohibitions under this subdivision 3.

4. Persons currently the subject of a protective order within theCommonwealth or another state.

5. Employees of a local or regional jail.

6. Employees of a sheriff's office, or a state or local police department.

7. Commonwealth's Attorneys, and any employees of their offices.

8. Employees of the Department of Corrections, Department of Criminal JusticeServices, or a local community corrections agency.

C. The exclusions in subsection B shall not be construed to prohibit lawenforcement from accompanying a bail enforcement agent when he engages inbail recovery.

(2004, c. 397.)

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