HB305: State Police, Department of; creates division of legal presence investigation & enforcement within.

HOUSE BILL NO. 305
Offered January 9, 2008
Prefiled January 3, 2008
A BILL to amend and reenact § 52-1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 52-8.1:2, relating to Department of State Police; division of legal presence.
Patron-- Nichols

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 52-1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 52-8.1:2 as follows:

§ 52-1. Establishment of Department headed by Superintendent; Bureau of Criminal Investigation and division of drug law enforcement and investigation within Department.

There is hereby established as a separate department, a Department of State Police headed by the Superintendent of State Police. There shall be established within the Department of State Police, in addition to any other divisions or bureaus that may be established by statute or otherwise, a Bureau of Criminal Investigation and, a division for drug law enforcement and investigation, and a division for the investigation and enforcement of laws concerning legal presence.

§ 52-8.1:2. Powers and duties of a legal presence investigation and enforcement division.

In addition to any other powers and duties which may be provided by statute or otherwise, it shall be the duty of a division for legal presence investigation and enforcement to enforce the laws of the Commonwealth and conduct investigations related to the failure by individuals to provide evidence or proof of legal presence in the Commonwealth when required by law. The division may conduct such investigations at the request of the Attorney General, or any sheriff, chief of police, attorney for the Commonwealth, or grand jury.

The division shall be staffed by a minimum of 100 full-time law-enforcement officers who are trained to perform certain immigration functions pursuant to a memorandum of understanding between the Commonwealth and the United States Department of Homeland Security, Immigration and Customs Enforcement. The enforcement of immigration and legal presence violations, and any other powers and duties of the division of legal presence, shall be the sole responsibility of such officers.