HB1158: Aircraft accident investigations; joint jurisdiction to local police & Department of State Police.

Offered January 9, 2008
Prefiled January 9, 2008
A BILL to amend and reenact §§ 5.1-23 and 52-8 of the Code of Virginia, relating to aircraft accident investigations; state police.
Patron-- Saxman

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That §§ 5.1-23 and 52-8 of the Code of Virginia are amended and reenacted as follows:

§ 5.1-23. Jurisdiction of local and State Police.

The local police authorities of any city, incorporated town or county shall have jurisdiction on the premises of any airport, drop zone or landing field operated hereunder, either individually or jointly, and the State Police and the local police authority of any city or county in which an aircraft accident occurs shall have jurisdiction to investigate any aircraft  such accident. In the exercise of such jurisdiction the State Police and officers of the department of law enforcement of any city or county with an optional form of government may enter with immunity and without a warrant upon private property for the purpose of conducting such investigations. This section shall not repeal the provisions of any city charter in conflict herewith.

§ 52-8. Powers and duties to enforce criminal laws.

The Superintendent of State Police, his several assistants and police officers appointed by him are vested with the powers of a sheriff for the purpose of enforcing all the criminal laws of this Commonwealth and for investigating any aircraft accident which occurs in the Commonwealth, and it shall be the duty of the Superintendent, his several assistants and police officers appointed by him to use their best efforts to enforce the same.

Nothing in this section shall be construed as relieving any sheriff or sergeant, commissioner of the revenue, police officer, or any other official now or hereafter invested with police powers and duties, state or local, from the duty of aiding and assisting in the enforcement of such laws within the scope of his authority and duty.