Conservators of the peace, special; orders of appointment. (HB2369)

Introduced By

Del. Mark Berg (R-Winchester)

Description

Police forces of the Commonwealth; private security services businesses; private police departments; special conservators of the peace; campus police departments. Makes numerous changes to the Code involving private police, including (i) providing that any Secretary of the Governor may, upon approval of the Governor, establish a police force of the Commonwealth to secure property or the peace upon the grounds and buildings of public property under the cognizance of such Secretary; (ii) requiring the Criminal Justice Services Board to establish compulsory minimum entry-level, in-service, and advanced training standards for special conservators of the peace; (iii) removing the cap on training hours required for special conservators of the peace; (iv) defining "private police department"; (v) providing that any locality may, by ordinance, establish one or more private police departments; (vi) requiring the Department of Criminal Justice Services to provide eligibility authorization to prospective special conservator of the peace appointees prior to their appointment by a circuit court; (vii) requiring a circuit court to grant an application for a special conservator of the peace upon finding that a preponderance of the evidence exists to show a necessity for the security of property or the peace and indicate that the qualifications of the prospective appointee are consistent with the authority and powers sought for the prospective appointee; (viii) requiring the order of appointment for a special conservator of the peace to specify whether the appointee is appointed as a conservator of the peace, in which case he will have the power to make arrests in any case within the geographical limits of his appointment, or for the purpose of code enforcement, in which case he will have the power to effect misdemeanor arrests and issue summonses for violations of misdemeanors and local ordinances; (ix) providing that a law-enforcement officer may pursue any person who escapes or attempts to flee such officer who is attempting to detain him based on the reasonable suspicion that the person has committed or is about to commit a crime; (x) providing that a person who falsely identifies himself to a special conservator of the peace is guilty of a Class 1 misdemeanor; (xi) requiring that private campus police departments and their officers maintain surety bonds or liability insurance; (xii) providing that private campus police departments shall not conduct asset forfeiture activities or private policing services for  third-party entities; (xiii) establishing special conservators of the peace and campus police officers as mandatory reporters for child abuse; and (xiv) providing that the training requirements for special conservators of the peace established by the Criminal Justice Services Board subsequent to the passage of this bill shall substantially conform to specific recommendations of any duly authorized study commission authorized by the General Assembly on the subject of training for special conservators of the peace. Read the Bill »

Outcome

History