CHAPTER 542

AN ACT to amend and reenact §§ 2-87, 4-20, 33-11.1, 52-11 and 56-3384 as
-amended, of the Code of Virginia, relating to defense of certain State
officials and employees in certain civil litigation and certain criminal
prosecution, and to appointment, powers and duties of certain agents,
inspectors and investigators authorized to enforce the State motor
vehicle laws, and to amend the Code of Virginia by adding a section
numbered 58-16.1, authorizing the appointment of counsel to repre-
sent certain guards in certain proceedings. (3 11]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 2-87, 4-20, 38-11.1, 52-11 and 56-334 as amended, of the Code
of Virginia be amended and reenacted, and that the Code of Virginia be
amended by adding a section numbered 53-16.1, the amended and new
sections being as follows:

§ 2-87. All legal service in civil matters for the Commonwealth, the
Governor, the State Corporation Commission and every State department,
institution, division, commission, board, bureau or official, including the
conduct of all civil litigation in which any of them are interested, shall be
rendered and performed by the Attorney General, except as hereinafter
provided in this chapter. No regular counsel shall be employed for or by
the Governor, the State Corporation Commission or any State department,
institution, division, commission, board, bureau or official. The Attorney
General in his discretion may represent personally or through one of his
assistants any member, agent or employee of the Alcoholic Beverage Con-
trol Board; agent, inspector or investigator appointed by the State Corpora-
tion Commission; person employed by the State Highway Commission;
persons employed by the Commissioner of Motor Vehicles; any guard or
other authorized person acting as custodian of any prisoner under the
supervision of the Director of the Department of Welfare and Institutions;
or police officer appointed by the Superintendent of State Police; who shall
be made defendant in any civil action for damages arising out of any
matter connected with his official duties. If in the opinion of the Attorney
General, it is impracticable or uneconomical for such legal service to be
rendered by him or one of his assistants, he may employ special counsel
(or his purpose, whose compensation shall be fixed by the Attorney

eneral.

The compensation for such special counsel shall be paid out of the
funds appropriated for the administration of the Board, Commission,
Division or Department whose members, officers, inspectors, investigators,
or other employees are defended pursuant to this section.

§ 4-20. * If any member, agent or employee of the Board shall be
arrested, indicted or otherwise prosecuted on any charge arising out of any
act committed in the discharge of his official duties, the chairman of the
Board may * employ special counsel approved by the Attorney General
to defend such member, agent or employee. The compensation for special
counsel, employed pursuant to this section, shall, subject to the approval
of the Attorney General, be paid in the same manner as other expenses
incident to the administration of this chapter are paid. ;

§ 88-11.1 * If any * person employed by the State Highway Commits-
sion shall be arrested or indicted or otherwise prosecuted on any charge
arising out of any act committed in the discharge of his official duties,
the State Highway Commissioner may * employ special counsel approved
by the Attorney General to defend such employee. The compensation for
special counsel employed, pursuant to this section, shall, subject to the ap-
proval of the Attorney General, be paid out of the funds appropriated for
the administration of the State Highway Commission.

§ 52-11. * If any * police officer appointed by the Superintendent of
State Police shall be arrested or indicted or otherwise prosecuted on any
charge arising out of any act committed in the discharge of his official
duties, the Superintendent may * employ special counsel approved by the
Attorney General to defend such officer. The compensation for special
counsel employed, pursuant to this section, shall, subject to the approval of
the Attorney General, be paid out of the funds appropriated for the ad-
ministration of the Department of State Police.

§ 53-16.1. If any guard or other authorized person acting as a
custodian of any prisoner under the supervision of the Director of the
Department of Welfare and Institutions shall be arrested or indicted or
otherwise prosecuted on any charge arising out of any act committed in
the discharge of his official duties, the Director may, with the approval of
the Attorney General, employ special counsel to defend such guard or
other person. The compensation for special counsel employed pursuant
to this section shall be paid out of funds appropriated to the Department
of Welfare and Institutions.

§ 56-334. (a) The Commission may appoint such agents, inspectors
or investigators as it may deem necessary and such agents, inspectors or
investigators and officers of the Department of State Police shall have the
authority and powers of a sheriff to enforce the laws, rules and regulations
governing the operation of motor vehicles on the highways of the State,
and such agents, inspectors or investigators and officers of the Department
of State Police shall have jurisdiction throughout the State and are given
authority upon displaying badge or other credential of office to arrest any
person found in the act of violating any of the laws, rules and regulations
governing the operation of motor vehicles which the Commission is required
to administer.

(b) Agents, inspectors or investigators and officers of the Depart-
ment of State Police may stop, and if found necessary examine the lading
of any motor vehicle, trailer or semi-trailer operating on any highway of
this State for the purpose of determining that it is operating in accordance
with the laws, rules and regulations governing the operation of motor
vehicles which the Commission is required to administer.

(c) Any agent, inspector or investigator or officer of the Department
of State Police is given the authority to remove from any motor vehicle or
to secure from any person to whom issued any warrant, exemption card,
registration card, tag, plate or other evidence of authority to operate such
motor vehicle issued by the Commission which is being improperly used or
which has been properly suspended or cancelled and any person refusing to
surrender any warrant, exemption card, registration card, tag, plate or
other evidence of authority shall be guilty of a misdemeanor, and subject
to the penalties provided in § 56-335.

(d) Any agent, inspector or investigator shall have the authority to
issue a summons and accept a written promise to appear in like manner
as is provided in * §46.1-178 of the Code; and the penalty for the violation
of such promise shall be as therein provided. .

(e) No agent, inspector or investigator appointed by the Commis-
sion shall receive any compensation from any source other than through
the Commission.

(f) The Commission or any agent, inspector or investigator may re-
quest the assistance of any State police officer in the enforcement of the
laws, rules and regulations governing the operation of motor vehicles on
the highways of the State which the Commission is required to administer
and any agent, inspector or investigator shall assist any State police officer
when his services are requested.

(g) Every agent, inspector or investigator shall, before entering upon
or continuing in his duties, enter into bond with some solvent guaranty
company authorized to do business in this State as surety, in the penalty
of six thousand dollars and with the condition for the faithful and lawful
performance of his duties. Such bond shall be filed in the Commission’s
office and the premiums thereon shall be paid out of the fund appropriated
for the enforcement of the laws regulating the operation of motor vehicles
on the highways of the State. All persons injured or damaged in any
manner by the unlawful, negligent or improper conduct of any such officer
while on duty may maintain an action upon such bond, provided, however,
that the aggregate liability of his surety to all such persons shall, in no
event, exceed the penalty of such bond.

(h) If any such agent, inspector or investigator shall be arrested or
indicted or otherwise prosecuted on any charge arising out of any act
committed in the discharge of his official duties, the Commission may * em-
ploy special counsel approved by the Attorney General to defend such
agent, inspector or investigator. The compensation for special counsel
employed pursuant to this section shall, subject to the approval of the
Attorney General, be paid out of the funds appropriated for the administra-
tion of the Virginia Motor Carrier Laws.

(i) Nothing in this section shall be considered as restricting or limit-
ing in any way the powers, authority and duties of the State police.