{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-501.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-501.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-501.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-501.html"}],"law_id":82248,"edition_id":1,"section_id":82248,"structure_id":15150,"section_number":"9.1-501","catch_line":"Conduct of investigation","history":"1978, c. 19, \u00a7 2.1-116.2; 1992, c. 221; 1993, c. 229; 2001, c. 844; 2005, cc. 868, 881; 2019, c. 474.","full_text":"The provisions of this section shall apply whenever an investigation by an agency focuses on matters which could lead to the dismissal, demotion, suspension or transfer for punitive reasons of a law-enforcement officer:\n\n1\n\nAny questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless matters being investigated are of such a nature that immediate action is required.2\n\nPrior to the officer being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be present during the questioning and (ii) the nature of the investigation.3\n\nWhen a blood or urine specimen is taken from a law-enforcement officer for the purpose of determining whether the officer has used drugs or alcohol, the specimen shall be divided and placed into two separate containers. One specimen shall be tested while the other is held in a proper manner to preserve the specimen by the facility collecting or testing the specimen. Should the first specimen test positive, the law-enforcement officer shall have the right to require the second specimen be sent to a laboratory of his choice for independent testing in accordance generally with the procedures set forth in §§ 18.2-268.1 through 18.2-268.12. The officer shall notify the chief of his agency in writing of his request within 10 days of being notified of positive specimen results. The laboratory chosen by the officer shall be accredited or certified by one or more of the following: the College of American Pathologists (CAP), the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), the American Board of Forensic Toxicology (ABFT), or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed.","order_by":null,"text":{"0":{"id":294746,"text":"The provisions of this section shall apply whenever an investigation by an agency focuses on matters which could lead to the dismissal, demotion, suspension or transfer for punitive reasons of a law-enforcement officer:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":294747,"text":"Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless matters being investigated are of such a nature that immediate action is required.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":294748,"text":"Prior to the officer being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be present during the questioning and (ii) 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":294749,"text":"When a blood or urine specimen is taken from a law-enforcement officer for the purpose of determining whether the officer has used drugs or alcohol, the specimen shall be divided and placed into two separate containers. One specimen shall be tested while the other is held in a proper manner to preserve the specimen by the facility collecting or testing the specimen. Should the first specimen test positive, the law-enforcement officer shall have the right to require the second specimen be sent to a laboratory of his choice for independent testing in accordance generally with the procedures set forth in §§ 18.2-268.1 through 18.2-268.12. The officer shall notify the chief of his agency in writing of his request within 10 days of being notified of positive specimen results. The laboratory chosen by the officer shall be accredited or certified by one or more of the following: the College of American Pathologists (CAP), the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), the American Board of Forensic Toxicology (ABFT), or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":15150,"edition_id":1,"name":"Law-Enforcement Officers Procedural Guarantee Act","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:52:32","date_modified":"2026-06-26 03:52:32","permalink":{"id":285381,"object_type":"structure","relational_id":15150,"identifier":"5","token":"9.1\/5","url":"\/9.1\/5\/","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":70463,"structure_id":15150,"section_number":"9.1-500","catch_line":"Definitions","url":"\/9.1-500\/","token":"9.1\/5\/9.1-500","metadata":false},{"id":82248,"structure_id":15150,"section_number":"9.1-501","catch_line":"Conduct of investigation","url":"\/9.1-501\/","token":"9.1\/5\/9.1-501","metadata":false},{"id":77705,"structure_id":15150,"section_number":"9.1-502","catch_line":"Notice of charges; response; election to proceed under grievance procedure of local governing body","url":"\/9.1-502\/","token":"9.1\/5\/9.1-502","metadata":false},{"id":81606,"structure_id":15150,"section_number":"9.1-503","catch_line":"Personal assets of officers","url":"\/9.1-503\/","token":"9.1\/5\/9.1-503","metadata":false},{"id":80771,"structure_id":15150,"section_number":"9.1-504","catch_line":"Hearing; hearing panel recommendations","url":"\/9.1-504\/","token":"9.1\/5\/9.1-504","metadata":false},{"id":57710,"structure_id":15150,"section_number":"9.1-505","catch_line":"Immediate suspension","url":"\/9.1-505\/","token":"9.1\/5\/9.1-505","metadata":false},{"id":76871,"structure_id":15150,"section_number":"9.1-506","catch_line":"Informal counseling not prohibited","url":"\/9.1-506\/","token":"9.1\/5\/9.1-506","metadata":false},{"id":69045,"structure_id":15150,"section_number":"9.1-507","catch_line":"Chapter accords minimum rights; exception","url":"\/9.1-507\/","token":"9.1\/5\/9.1-507","metadata":false}],"previous_section":{"id":70463,"structure_id":15150,"section_number":"9.1-500","catch_line":"Definitions","url":"\/9.1-500\/","token":"9.1\/5\/9.1-500","metadata":false},"next_section":{"id":77705,"structure_id":15150,"section_number":"9.1-502","catch_line":"Notice of charges; response; election to proceed under grievance procedure of local governing body","url":"\/9.1-502\/","token":"9.1\/5\/9.1-502","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-501\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 19 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 1978 \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 1992, chapter 221; in 1993, chapter 229; in 2001, chapter 844<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2019, chapter 474<\/a>.<\/p>","references":false,"refers_to":[{"id":63409,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","order_by":null,"url":"\/18.2-268.1\/"},{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"}],"permalink":{"id":285387,"object_type":"law","relational_id":82248,"identifier":"9.1-501","token":"9.1\/5\/9.1-501","url":"\/9.1-501\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-501\/","token":"9.1\/5\/9.1-501","dublin_core":{"Title":"Conduct of investigation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-501","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The provisions of this section shall apply whenever an investigation by an agency<\/span> focuses on matters which could lead to the dismissal<\/span>, demotion, suspension or transfer for punitive reasons of a law<\/span>-enforcement officer<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless matters being investigated are of such a nature that immediate action is required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prior to the officer being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be present during the questioning and (ii) the nature of the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When a blood or urine specimen is taken from a law<\/span>-enforcement officer<\/span> for the purpose of determining whether the officer has used drugs or alcohol, the specimen shall be divided and placed into two separate containers. One specimen shall be tested while the other is held in a proper manner to preserve the specimen by the facility collecting or testing the specimen. Should the first specimen test positive, the law<\/span>-enforcement officer<\/span> shall have the right to require the second specimen be sent to a laboratory of his choice for independent testing in accordance generally with the procedures set forth in §§ 18.2-268.1<\/a> through 18.2-268.12<\/a>. The officer shall notify the chief of his agency<\/span> in writing of his request within 10 days of being notified of positive specimen results. The laboratory chosen by the officer shall be accredited or certified by one or more of the following: the College of American Pathologists (CAP), the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), the American Board of Forensic Toxicology (ABFT), or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDUCT OF INVESTIGATION (\u00a7 9.1-501)\n\nThe provisions of this section shall apply whenever an investigation by an\nagency focuses on matters which could lead to the dismissal, demotion,\nsuspension or transfer for punitive reasons of a law-enforcement officer:\n\n1. Any questioning of the officer shall take place at a reasonable time and\nplace as designated by the investigating officer, preferably when the officer\nunder investigation is on duty and at the office of the command of the\ninvestigating officer or at the office of the local precinct or police unit of\nthe officer being investigated, unless matters being investigated are of such a\nnature that immediate action is required.\n\n2. Prior to the officer being questioned, he shall be informed of (i) the name\nand rank of the investigating officer and of any individual to be present during\nthe questioning and (ii) the nature of the investigation.\n\n3. When a blood or urine specimen is taken from a law-enforcement officer for\nthe purpose of determining whether the officer has used drugs or alcohol, the\nspecimen shall be divided and placed into two separate containers. One specimen\nshall be tested while the other is held in a proper manner to preserve the\nspecimen by the facility collecting or testing the specimen. Should the first\nspecimen test positive, the law-enforcement officer shall have the right to\nrequire the second specimen be sent to a laboratory of his choice for\nindependent testing in accordance generally with the procedures set forth in\n§§ 18.2-268.1 through 18.2-268.12. The officer shall notify the chief\nof his agency in writing of his request within 10 days of being notified of\npositive specimen results. The laboratory chosen by the officer shall be\naccredited or certified by one or more of the following: the College of American\nPathologists (CAP), the United States Department of Health and Human Services\nSubstance Abuse and Mental Health Services Administration (SAMHSA), the American\nBoard of Forensic Toxicology (ABFT), or an accrediting body that requires\nconformance to forensic-specific requirements and that is a signatory to the\nInternational Laboratory Accreditation Cooperation (ILAC) Mutual Recognition\nArrangement with a scope of accreditation that covers the testing being\nperformed.\n\nHISTORY: 1978, c. 19, \u00a7 2.1-116.2; 1992, c. 221; 1993, c. 229; 2001, c. 844;\n2005, cc. 868, 881; 2019, c. 474.","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}}