                                 CODE OF VIRGINIA

EXEMPTION FROM LIABILITY FOR ARREST OF SUSPECTED PERSON; ELECTRONIC ARTICLE
SURVEILLANCE DEVICES (§ 42.1-73.1)

A library or agent or employee of the library causing the arrest of any person
pursuant to the provisions of § 42.1-73, shall not be held civilly liable for
unlawful detention, slander, malicious prosecution, false imprisonment, false
arrest, or assault and battery of the person so arrested, whether such arrest
takes place on the premises of the library or after close pursuit from such
premises by such agent or employee, if, in causing the arrest of such person,
the library or agent or employee of the library had at the time of such arrest
probable cause to believe that the person committed willful concealment of books
or other library property.
		The activation of an electronic article surveillance device as a result of a
person exiting the premises or an area within the premises of a library where an
electronic article surveillance device is located shall constitute probable
cause for the detention of such person by such library or agent or employee of
the library, provided that such person is detained only in a reasonable manner
and only for such time as is necessary for an inquiry into the circumstances
surrounding the activation of the device, and provided that clear and visible
notice is posted at each exit and location within the premises where such device
is located indicating the presence of an anti-theft device. For purposes of this
section, &#8220;electronic article surveillance device&#8221; means an
electronic device designed and operated for the purpose of detecting the removal
from the premises or a protected area within such premises, of any specially
marked or tagged book or other library property.

HISTORY: 1975, c. 318; 1986, c. 33.