                                 CODE OF VIRGINIA

SPECIAL CONSERVATORS OF THE PEACE; AUTHORITY; JURISDICTION; REGISTRATION;
LIABILITY OF EMPLOYERS; PENALTY; REPORT (§ 19.2-13)

A. Upon the submission of an application, which shall include the results of the
background investigation conducted pursuant to subsection C, from (i) any
sheriff or chief of police of any county, city, or town; (ii) any corporation
authorized to do business in the Commonwealth; (iii) the owner, proprietor, or
authorized custodian of any place within the Commonwealth; or (iv) any museum
owned and managed by the Commonwealth, a circuit court judge of any county or
city shall appoint special conservators of the peace who shall serve as such for
such length of time as the court may designate, but not exceeding four years
under any one appointment, during which time the court shall retain jurisdiction
over the appointment order, upon a showing by the applicant of a necessity for
the security of property or the peace and presentation of evidence that the
person or persons to be appointed as a special conservator of the peace possess
a valid registration issued by the Department of Criminal Justice Services in
accordance with the provisions of subsection C. Upon an application made
pursuant to clause (ii), (iii), or (iv), the court shall, prior to entering the
order of appointment, transmit a copy of the application to the local attorney
for the Commonwealth and the local sheriff or chief of police who may submit to
the court a sworn, written statement indicating whether the order of appointment
should be granted. However, a judge may deny the appointment for good cause, and
shall state the specific reasons for the denial in writing in the order denying
the appointment. A judge also may revoke the appointment order for good cause
shown, upon the filing of a sworn petition by the attorney for the Commonwealth,
sheriff, or chief of police for any locality in which the special conservator of
the peace is authorized to serve or by the Department of Criminal Justice
Services. Prior to revocation, a hearing shall be set and the special
conservator of the peace shall be given notice and the opportunity to be heard.
The judge may temporarily suspend the appointment pending the hearing for good
cause shown. A hearing on the petition shall be heard by the court as soon as
practicable. If the appointment order is suspended or revoked, the clerk of
court shall notify the Department of Criminal Justice Services, the Department
of State Police, the applicable local law-enforcement agencies in all cities and
counties where the special conservator of the peace is authorized to serve, and
the employer of the special conservator of the peace.
			The order of appointment shall provide that a special conservator of the
peace may perform only the duties for which he is qualified by training as
established by the Criminal Justice Services Board. The order of appointment
shall provide that such duties shall be exercised only within geographical
limitations specified by the court, which shall be within the confines of the
county, city or town that makes application or on the real property where the
corporate applicant is located, or any real property contiguous to such real
property, limited, except as provided in subsection F, to the city or county
wherein application has been made, and only when such special conservator of the
peace is engaged in the performance of his duties as such; however, a court may,
in its discretion, specify in the order of appointment additional jurisdictions
in which a special conservator of the peace employed by the Shenandoah Valley
Regional Airport Commission or the Richmond Metropolitan Transportation
Authority may exercise his duties. The order may provide that the special
conservator of the peace shall have the authority to make an arrest outside of
such geographical limitations if the arrest results from a close pursuit that
was initiated when the special conservator of the peace was within the confines
of the area wherein he has been authorized to have the powers and authority of a
special conservator of the peace; the order shall further delineate a
geographical limitation or distance beyond which the special conservator of the
peace may not effectuate such an arrest that follows from a close pursuit. The
order shall require the special conservator of the peace to comply with the
provisions of the United States Constitution and the Constitution of Virginia.
The order shall not identify the special conservator of the peace as a
law-enforcement officer pursuant to &#xA7; 9.1-101. The order may provide,
however, that the special conservator of the peace is a &#8220;law-enforcement
officer&#8221; for the purposes of Article 4 (&#xA7; 37.2-808 et seq.) of
Chapter 8 of Title 37.2 or Article 16 (&#xA7; 16.1-335 et seq.) of Chapter 11 of
Title 16.1, but such designation shall not qualify the special conservator of
the peace as a &#8220;qualified law-enforcement officer&#8221; or
&#8220;qualified retired law-enforcement officer&#8221; within the meaning of
the federal Law Enforcement Officer Safety Act, 18 U.S.C. &#xA7; 926(B) et seq.,
and the order of appointment shall specifically state this. The order may also
provide that a special conservator of the peace who has completed the minimum
training standards established by the Criminal Justice Services Board, has the
authority to affect arrests, using up to the same amount of force as would be
allowed to a law-enforcement officer employed by the Commonwealth or any of its
political subdivisions when making a lawful arrest. The order shall prohibit
blue flashing lights, but upon request and for good cause shown may provide that
the special conservator of the peace may use flashing lights and sirens on any
vehicle used by the special conservator of the peace when he is in the
performance of his duties. Prior to granting an application for appointment, the
circuit court shall ensure that the applicant has met the registration
requirements established by the Criminal Justice Services Board.

B. All applications and orders for appointments of special conservators of the
peace shall be submitted on forms developed by the Office of the Executive
Secretary of the Supreme Court of Virginia in consultation with the Department
of Criminal Justice Services and shall specify the duties for which the
applicant is qualified. The applications and orders shall specify the geographic
limitations consistent with subsection A.

C. No person shall seek appointment as a special conservator of the peace from a
circuit court judge without possessing a valid registration issued by the
Department of Criminal Justice Services, except as provided in this section.
Applicants for registration may submit an application on or after January 1,
2004. A temporary registration may be issued in accordance with regulations
established by the Criminal Justice Services Board while awaiting the results of
a state and national fingerprint search. However, no person shall be issued a
valid registration or temporary registration until he has (i) complied with, or
been exempted from the compulsory minimum training standards as set forth in
this section; (ii) submitted his fingerprints on a form provided by the
Department to be used for the conduct of a national criminal records search and
a Virginia criminal history records search; (iii) submitted the results of a
background investigation, performed by any state or local law-enforcement
agency, which may, at its discretion, charge a reasonable fee to the applicant
and which shall include a review of the applicant&#8217;s criminal history
records and may include a review of the applicant&#8217;s school records,
employment records, or interviews with persons possessing general knowledge of
the applicant&#8217;s character and fitness for such appointment; and (iv) met
all other requirements of this article and Board regulations. No person with a
criminal conviction for a misdemeanor involving (a) moral turpitude, (b) assault
and battery, (c) damage to real or personal property, (d) controlled substances
or imitation controlled substances as defined in Article 1 (&#xA7; 18.2-247 et
seq.) of Chapter 7 of Title 18.2, (e) prohibited sexual behavior as described in
Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2, or (f) firearms,
or any felony, or who is required to register with the Sex Offender and Crimes
Against Minors Registry pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title
9.1, or who is prohibited from possessing, transporting, or purchasing a firearm
shall be eligible for registration or appointment as a special conservator of
the peace. A special conservator of the peace shall report if he is arrested
for, charged with, or convicted of any misdemeanor or felony offense or becomes
ineligible for registration or appointment as a special conservator of the peace
pursuant to this subsection to the Department of Criminal Justice Services and
the chief law-enforcement officer of all localities in which he is authorized to
serve within three days of such arrest or of becoming ineligible for
registration or appointment as a special conservator of the peace. Any
appointment for a special conservator of the peace shall be eligible for
suspension and revocation after a hearing pursuant to subsection A if the
special conservator of the peace is convicted of any offense listed in this
subsection or becomes ineligible for registration or appointment as a special
conservator of the peace pursuant to this subsection. All appointments for
special conservators of the peace shall become void on September 15, 2004,
unless they have obtained a valid registration issued by the Department of
Criminal Justice Services.

D. Each person registered as or seeking registration as a special conservator of
the peace shall be covered by evidence of a policy of (i) personal injury
liability insurance, as defined in &#xA7; 38.2-117; (ii) property damage
liability insurance, as defined in &#xA7; 38.2-118; and (iii) miscellaneous
casualty insurance, as defined in subsection B of &#xA7; 38.2-111, which
includes professional liability insurance that provides coverage for any
activity within the scope of the duties of a special conservator of the peace as
set forth in this section, in an amount and with coverage for each as fixed by
the Board, or self-insurance in an amount and with coverage as fixed by the
Board. Any person who is aggrieved by the misconduct of any person registered as
a special conservator of the peace and recovers a judgment against the
registrant, which is unsatisfied in whole or in part, may bring an action in his
own name against the insurance policy of the registrant.

E. Effective July 1, 2015, all persons currently appointed or seeking
appointment or reappointment as a special conservator of the peace are required
to register with the Department of Criminal Justice Services, regardless of any
other standing the person may have as a law-enforcement officer or other
position requiring registration or licensure by the Department. The employer of
any special conservator of the peace shall notify the circuit court, the
Department of Criminal Justice Services, the Department of State Police, and the
chief law-enforcement officer of all localities in which the special conservator
of the peace is authorized to serve within 30 days after the date such
individual has left employment and all powers of the special conservator of the
peace shall be void. Failure to provide such notification shall be punishable by
a fine of $250 plus an additional $50 per day for each day such notice is not
provided.

F. When the application is made by any sheriff or chief of police, the circuit
court shall specify in the order of appointment the name of the applicant
authorized under subsection A and the geographic jurisdiction of the special
conservator of the peace. Such appointments shall be limited to the city or
county wherein application has been made. When the application is made by any
corporation authorized to do business in the Commonwealth, any owner,
proprietor, or authorized custodian of any place within the Commonwealth, or any
museum owned and managed by the Commonwealth, the circuit court shall specify in
the order of appointment the name of the applicant authorized under subsection A
and the specific real property where the special conservator of the peace is
authorized to serve. Such appointments shall be limited to the specific real
property within the county, city, or town wherein application has been made. In
the case of a corporation or other business, the court appointment may also
include, for good cause shown, any real property owned or leased by the
corporation or business, including any subsidiaries, in other specifically named
cities and counties, but shall provide that the powers of the special
conservator of the peace do not extend beyond the boundaries of such real
property. The clerk of the appointing circuit court shall transmit to the
Department of State Police, the clerk of the circuit court of each locality
where the special conservator of the peace is authorized to serve, and the
sheriff or chief of police of each such locality a copy of the order of
appointment that shall specify the following information: the person&#8217;s
complete name, address, date of birth, social security number, gender, race,
height, weight, color of hair, color of eyes, firearm authority or limitation as
set forth in subsection G, date of the order, and other information as may be
required by the Department of State Police. The Department of State Police shall
enter the person&#8217;s name and other information into the Virginia Criminal
Information Network established and maintained by the Department pursuant to
Chapter 2 (&#xA7; 52-12 et seq.) of Title 52. The Department of State Police may
charge a fee not to exceed $10 to cover its costs associated with processing
these orders. Each special conservator of the peace so appointed on application
shall present his credentials to the chief of police or sheriff or his designee
of all jurisdictions where he has conservator powers. If his powers are limited
to certain areas of real property owned or leased by a corporation or business,
he shall also provide notice of the exact physical addresses of those areas.
Each special conservator shall provide to the circuit court a temporary
registration letter issued by the Department of Criminal Justice Services to
include the results of the background check prior to seeking an appointment by
the circuit court. Once the applicant receives the appointment from the circuit
court the applicant shall file the appointment order and a copy of the
application with the Department of Criminal Justice Services in order to receive
his special conservator of the peace registration document. If the court
appointment includes any real property owned or leased by the corporation or
business in other specifically named cities and counties not within the city or
county wherein application has been made, the clerk of the appointing court
shall transmit a copy of the order of appointment to (i) the clerk of the
circuit court for each jurisdiction where the special conservator of the peace
is authorized to serve and (ii) the sheriff or chief of police of each
jurisdiction where the special conservator of the peace is authorized to serve.
			If any such special conservator of the peace is the employee, agent or
servant of another, his appointment as special conservator of the peace shall
not relieve his employer, principal or master from civil liability to another
arising out of any wrongful action or conduct committed by such special
conservator of the peace while within the scope of his employment.
			Effective July 1, 2002, no person employed by a local school board as a
school security officer, as defined in &#xA7; 9.1-101, shall be eligible for
appointment as a conservator for purposes of maintaining safety in a public
school in the Commonwealth. All appointments of special conservators of the
peace granted to school security officers as defined in &#xA7; 9.1-101 prior to
July 1, 2002 are void.

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

H. The governing body of any locality or the sheriff of a county where no police
department has been established may enter into mutual aid agreements with any
entity employing special conservators of the peace that is located in such
locality for the use of their joint forces and their equipment and materials to
maintain peace and good order. Any law-enforcement officer or special
conservator of the peace, while performing his duty under any such agreement,
shall have the same authority as lawfully conferred on him within his own
jurisdiction.

I. No special conservator of the peace shall display or use the word
&#8220;police&#8221; on any uniform, badge, credential, or vehicle in the
performance of his duties as a special conservator of the peace. Other than
special conservators of the peace employed by a state agency, no special
conservator of the peace shall use the seal of the Commonwealth on any uniform,
badge, credential, or vehicle in the performance of his duties. However, upon
request and for good cause shown, the order of appointment may provide that a
special conservator of the peace who (i) meets all requirements, including the
minimum compulsory training requirements, for law-enforcement officers set forth
in Chapter 1 (&#xA7; 9.1-100 et seq.) of Title 9.1 and (ii) is employed by the
Shenandoah Valley Regional Airport Commission or the Richmond Metropolitan
Transportation Authority may use the word &#8220;police&#8221; on any badge,
uniform, or vehicle in the performance of his duties or the seal of the
Commonwealth on any badge or credential in the performance of his duties.

J. A special conservator of the peace may possess simultaneous registration with
the Department of Criminal Justice Services as an armed security officer
pursuant to Article 4 (&#xA7; 9.1-138 et seq.) of Chapter 1 of Title 9.1 and
shall maintain the rights, requirements, and restrictions contained therein.

HISTORY: 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;
2007, cc. 380, 481; 2008, c. 795; 2010, cc. 530, 778, 825; 2013, cc. 105, 122;
2015, cc. 602, 766, 772; 2016, c. 551; 2017, c. 494; 2018, c. 792; 2024, c. 577.