SB743: Law-enforcement officers, former; retention of identification and badge.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§ 9.1-1000 and 52-9.1:1 of the Code of Virginia, relating to former law-enforcement officers; retention of identification and badge.
[S 743]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 9.1-1000 and 52-9.1:1 of the Code of Virginia are amended and reenacted as follows:

§ 9.1-1000. Retired and former law-enforcement officers; photo identification cards.

A. Upon the retirement of a law-enforcement officer, as defined in § 9.1-101, the employing department or agency shall, upon request of the retiree, issue the individual a photo identification card indicating that such individual is a retired law-enforcement officer of that department or agency. Upon request, such a card shall also be issued to any law-enforcement officer who retired before July 1, 2004.

B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § 65.2-107, by a mental health professional, as defined in § 65.2-107, or who is disabled, the employing department or agency shall issue the individual a photo identification card indicating that such individual is a former law-enforcement officer of that department or agency who honorably served. However, prior to issuing the photo identification card, the employing department or agency shall have it mounted in such a manner that it will be impossible for anyone to carry it on his person. The employing department or agency may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual issued a photo identification card under this subsection shall be ineligible to receive a photo identification card pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § 15.2-1707.

§ 52-9.1:1. Retired and former law-enforcement officers; retention of badge.

A. Notwithstanding any provision of law to the contrary, on and after July 1, 1978, every State police officer shall upon retirement be awarded his badge or other insignia of his office for permanent keeping; provided, however, the Superintendent of State Police, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.

B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § 65.2-107, by a mental health professional, as defined in § 65.2-107, or who is disabled, such individual shall be awarded his badge or other insignia of his office in accordance with the procedures established under subsection A; however, the mounted badge or insignia shall include an indication that the individual honorably served. The Superintendent of State Police may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual awarded a badge or insignia under this subsection shall be ineligible to receive a badge or insignia pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § 15.2-1707.

SENATE BILL NO. 743

Offered January 21, 2022
A BILL to amend and reenact §§ 9.1-1000 and 52-9.1:1 of the Code of Virginia, relating to former law-enforcement officers; retention of identification and badge.
Patron-- Vogel

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That §§ 9.1-1000 and 52-9.1:1 of the Code of Virginia are amended and reenacted as follows:

§ 9.1-1000. Retired and former law-enforcement officers; photo identification cards.

A. Upon the retirement of a law-enforcement officer, as defined in § 9.1-101, the employing department or agency shall, upon request of the retiree, issue the individual a photo identification card indicating that such individual is a retired law-enforcement officer of that department or agency. Upon request, such a card shall also be issued to any law-enforcement officer who retired before July 1, 2004.

B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § 65.2-107, by a mental health professional, as defined in § 65.2-107, or who is disabled, the employing department or agency shall issue the individual a photo identification card indicating that such individual is a former law-enforcement officer of that department or agency who honorably served. However, prior to issuing the photo identification card, the employing department or agency shall have it mounted in such a manner that it will be impossible for anyone to carry it on his person. The employing department or agency may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual issued a photo identification card under this subsection shall be ineligible to receive a photo identification card pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § 15.2-1707.

§ 52-9.1:1. Retired and former law-enforcement officers; retention of badge.

A. Notwithstanding any provision of law to the contrary, on and after July 1, 1978, every State police officer shall upon retirement be awarded his badge or other insignia of his office for permanent keeping; provided, however, the Superintendent of State Police, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.

B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § 65.2-107, by a mental health professional, as defined in § 65.2-107, or who is disabled, such individual shall be awarded his badge or other insignia of his office in accordance with the procedures established under subsection A; however, the mounted badge or insignia shall include an indication that the individual honorably served. The Superintendent of State Police may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual awarded a badge or insignia under this subsection shall be ineligible to receive a badge or insignia pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § 15.2-1707.