{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-301.html"}],"law_id":59238,"edition_id":1,"section_id":59238,"structure_id":15533,"section_number":"9.1-301","catch_line":"Conduct of interrogation","history":"1987, c. 509, \u00a7 2.1-116.9:2; 2001, c. 844; 2010, c. 779; 2015, cc. 502, 503; 2016, c. 419; 2019, c. 831.","full_text":"The provisions of this section shall apply whenever a firefighter or emergency medical services personnel are subjected to an interrogation that could lead to dismissal, demotion, or suspension for punitive reasons:\n\n1\n\nThe interrogation shall take place at the facility where the investigating officer is assigned, or at the facility that has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.2\n\nNo firefighter or emergency medical services personnel shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter or emergency medical services personnel of the nature of the investigation.3\n\nAll interrogations shall be conducted at a reasonable time of day, preferably when the firefighter or emergency medical services personnel is on duty, unless the matters being investigated are of such a nature that immediate action is required.4\n\nThe firefighter or emergency medical services personnel under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation.5\n\nInterrogation sessions shall be of reasonable duration, and the firefighter or emergency medical services personnel shall be permitted reasonable periods for rest and personal necessities. The firefighter or emergency medical services personnel may have an observer of his choice present during the interrogation, as long as the interview is not unduly delayed. This observer may not participate or represent the employee, may not be involved in the investigation, and must be an active or retired member of the department, for purposes of confidentiality.6\n\nThe firefighter or emergency medical services personnel being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions.7\n\nIf a recording of any interrogation is made, and if a transcript of the interrogation is made, the firefighter or emergency medical services personnel under investigation shall be entitled to a copy without charge. Such record may be electronically recorded.8\n\nNo firefighter or emergency medical services personnel shall be discharged, disciplined, demoted, denied promotion or seniority, or otherwise disciplined or discriminated against in regard to his employment, or be threatened with any such treatment as retaliation for his exercise of any of the rights granted or protected by this chapter.\n\t\t\tNothing contained in this section shall prohibit a local governing body from granting its employees rights greater than those contained herein.","order_by":null,"text":{"0":{"id":217133,"text":"The provisions of this section shall apply whenever a firefighter or emergency medical services personnel are subjected to an interrogation that could lead to dismissal, demotion, or suspension for punitive reasons:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":217134,"text":"The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility that has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":217135,"text":"No firefighter or emergency medical services personnel shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter or emergency medical services personnel of the nature of the investigation.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":217136,"text":"All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter or emergency medical services personnel is on duty, unless the matters being investigated are of such a nature that immediate action is required.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":217137,"text":"The firefighter or emergency medical services personnel under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":217138,"text":"Interrogation sessions shall be of reasonable duration, and the firefighter or emergency medical services personnel shall be permitted reasonable periods for rest and personal necessities. The firefighter or emergency medical services personnel may have an observer of his choice present during the interrogation, as long as the interview is not unduly delayed. This observer may not participate or represent the employee, may not be involved in the investigation, and must be an active or retired member of the department, for purposes of confidentiality.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":217139,"text":"The firefighter or emergency medical services personnel being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":217140,"text":"If a recording of any interrogation is made, and if a transcript of the interrogation is made, the firefighter or emergency medical services personnel under investigation shall be entitled to a copy without charge. Such record may be electronically recorded.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":217141,"text":"No firefighter or emergency medical services personnel shall be discharged, disciplined, demoted, denied promotion or seniority, or otherwise disciplined or discriminated against in regard to his employment, or be threatened with any such treatment as retaliation for his exercise of any of the rights granted or protected by this chapter.\n\t\t\tNothing contained in this section shall prohibit a local governing body from granting its employees rights greater than those contained herein.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":15533,"edition_id":1,"name":"Firefighters and Emergency Medical Technicians Procedural Guarantee Act","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:56:04","date_modified":"2026-06-26 03:56:04","permalink":{"id":285309,"object_type":"structure","relational_id":15533,"identifier":"3","token":"9.1\/3","url":"\/9.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60660,"structure_id":15533,"section_number":"9.1-300","catch_line":"Definitions","url":"\/9.1-300\/","token":"9.1\/3\/9.1-300","metadata":false},{"id":59238,"structure_id":15533,"section_number":"9.1-301","catch_line":"Conduct of interrogation","url":"\/9.1-301\/","token":"9.1\/3\/9.1-301","metadata":false},{"id":71980,"structure_id":15533,"section_number":"9.1-302","catch_line":"Breach of procedures","url":"\/9.1-302\/","token":"9.1\/3\/9.1-302","metadata":false},{"id":69232,"structure_id":15533,"section_number":"9.1-303","catch_line":"Informal counseling not prohibited","url":"\/9.1-303\/","token":"9.1\/3\/9.1-303","metadata":false},{"id":66600,"structure_id":15533,"section_number":"9.1-304","catch_line":"Rights nonexclusive","url":"\/9.1-304\/","token":"9.1\/3\/9.1-304","metadata":false}],"previous_section":{"id":60660,"structure_id":15533,"section_number":"9.1-300","catch_line":"Definitions","url":"\/9.1-300\/","token":"9.1\/3\/9.1-300","metadata":false},"next_section":{"id":71980,"structure_id":15533,"section_number":"9.1-302","catch_line":"Breach of procedures","url":"\/9.1-302\/","token":"9.1\/3\/9.1-302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-301\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 509 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844<\/a>; in 2010, chapter 779<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2016, chapter 419<\/a>; in 2019, chapter 831<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":285315,"object_type":"law","relational_id":59238,"identifier":"9.1-301","token":"9.1\/3\/9.1-301","url":"\/9.1-301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-301\/","token":"9.1\/3\/9.1-301","dublin_core":{"Title":"Conduct of interrogation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The provisions of this section shall apply whenever a firefighter<\/span> or emergency medical services personnel<\/span> are subjected to an interrogation<\/span> that could lead to dismissal<\/span>, demotion, or suspension for punitive reasons:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The interrogation<\/span> shall take place at the facility where the investigating officer is assigned, or at the facility that has jurisdiction<\/span> over the place where the incident under investigation allegedly occurred, as designated by the investigating officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No firefighter<\/span> or emergency medical services personnel<\/span> shall be subjected to interrogation<\/span> without first receiving written notice of sufficient detail of the investigation in order<\/span> to reasonably apprise the firefighter<\/span> or emergency medical services personnel<\/span> of the nature of the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All interrogations<\/span> shall be conducted at a reasonable time of day, preferably when the firefighter<\/span> or emergency medical services personnel<\/span> is on duty, unless the matters being investigated are of such a nature that immediate action is required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The firefighter<\/span> or emergency medical services personnel<\/span> under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Interrogation<\/span> sessions shall be of reasonable duration, and the firefighter<\/span> or emergency medical services personnel<\/span> shall be permitted reasonable periods for rest and personal necessities. The firefighter<\/span> or emergency medical services personnel<\/span> may have an observer of his choice present during the interrogation<\/span>, as long as the interview is not unduly delayed. This observer may not participate or represent the employee, may not be involved in the investigation, and must be an active or retired member of the department, for purposes of confidentiality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The firefighter<\/span> or emergency medical services personnel<\/span> being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> If a recording of any interrogation<\/span> is made, and if a transcript<\/span> of the interrogation<\/span> is made, the firefighter<\/span> or emergency medical services personnel<\/span> under investigation shall be entitled to a copy without charge. Such record may be electronically recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> No firefighter<\/span> or emergency medical services personnel<\/span> shall be discharged, disciplined, demoted, denied promotion or seniority, or otherwise disciplined or discriminated against in regard to his employment, or be threatened with any such treatment as retaliation for his exercise of any of the rights granted or protected by this chapter.\n\t\t\tNothing contained in this section shall prohibit a local governing body from granting its employees rights greater than those contained herein. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDUCT OF INTERROGATION (\u00a7 9.1-301)\n\nThe provisions of this section shall apply whenever a firefighter or emergency\nmedical services personnel are subjected to an interrogation that could lead to\ndismissal, demotion, or suspension for punitive reasons:\n\n1. The interrogation shall take place at the facility where the investigating\nofficer is assigned, or at the facility that has jurisdiction over the place\nwhere the incident under investigation allegedly occurred, as designated by the\ninvestigating officer.\n\n2. No firefighter or emergency medical services personnel shall be subjected to\ninterrogation without first receiving written notice of sufficient detail of the\ninvestigation in order to reasonably apprise the firefighter or emergency\nmedical services personnel of the nature of the investigation.\n\n3. All interrogations shall be conducted at a reasonable time of day, preferably\nwhen the firefighter or emergency medical services personnel is on duty, unless\nthe matters being investigated are of such a nature that immediate action is\nrequired.\n\n4. The firefighter or emergency medical services personnel under investigation\nshall be informed of the name, rank, and unit or command of the officer in\ncharge of the investigation, the interrogators, and all persons present during\nany interrogation.\n\n5. Interrogation sessions shall be of reasonable duration, and the firefighter\nor emergency medical services personnel shall be permitted reasonable periods\nfor rest and personal necessities. The firefighter or emergency medical services\npersonnel may have an observer of his choice present during the interrogation,\nas long as the interview is not unduly delayed. This observer may not\nparticipate or represent the employee, may not be involved in the investigation,\nand must be an active or retired member of the department, for purposes of\nconfidentiality.\n\n6. The firefighter or emergency medical services personnel being interrogated\nshall not be subjected to offensive language or offered any incentive as an\ninducement to answer any questions.\n\n7. If a recording of any interrogation is made, and if a transcript of the\ninterrogation is made, the firefighter or emergency medical services personnel\nunder investigation shall be entitled to a copy without charge. Such record may\nbe electronically recorded.\n\n8. No firefighter or emergency medical services personnel shall be discharged,\ndisciplined, demoted, denied promotion or seniority, or otherwise disciplined or\ndiscriminated against in regard to his employment, or be threatened with any\nsuch treatment as retaliation for his exercise of any of the rights granted or\nprotected by this chapter.\n\t\t\tNothing contained in this section shall prohibit a local governing body from\ngranting its employees rights greater than those contained herein.\n\nHISTORY: 1987, c. 509, \u00a7 2.1-116.9:2; 2001, c. 844; 2010, c. 779; 2015, cc.\n502, 503; 2016, c. 419; 2019, c. 831.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}