                                 CODE OF VIRGINIA

CONDUCT OF INVESTIGATION (§ 9.1-501)

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:

1. 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.

2. 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.

3. 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
&#xA7;&#xA7; 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.

HISTORY: 1978, c. 19, § 2.1-116.2; 1992, c. 221; 1993, c. 229; 2001, c. 844;
2005, cc. 868, 881; 2019, c. 474.