An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1968 |
---|---|
Law Number | 740 |
Subjects |
Law Body
CHAPTER 740
An Act to amend the Code of Virginia by adding in Title 9 thereof a
chapter numbered 16 containing sections numbered 9-107 through
9-111 so as to establish a Law Enforcement Officers Training Stand-
ards Commission, and authorize it to recommend minimum compulsory
standards for the training of law enforcement officers. :
(H 362]
Approved April 5, 1968
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 9 thereof,
a chapter numbered 16, containing sections numbered 9-107 through 9-111,
as follows:
CHAPTER 16.
§ 9-107. (a) There is hereby established a Law Enforcement Officers
Training Standards Commission, hereinafter called ‘the Commission”, in
the Executive Department. The Commission shall be composed of sixteen
members, as follows: (a) one member from the Senate of Virginia ap-
pointed by the President of the Senate for a term of four years; two
members from the House of Delegates appointed by the Speaker of the
House for terms of two years; the following appointments by the Governor:
three sheriffs representing the Virginia State Sheriffs’ and City Sergeants’
Association from among names submitted by the Association; one city
sergeant representing the Virginia State Sheriffs’ and City Sergeants’
Association from among names submitted by the Association; three rep-
resentatives of the Chiefs of Police Association from among names sub-
mitted by the Association; the superintendent of the Virginia State Police
or another member of the Virginia State Police, whom the superintendent
may designate; one member of the Federal Bureau of Investigation; one
Commonwealth’s attorney representing a political subdivision with a popu-
lation of less than 50,000 people; one Commonwealth’s attorney represent-
ing a political subdivision with a population of more than 50,000 people;
one member of the Attorney General’s office; and one representative of
higher education.
(b) The members of the Commission appointed by the Governor shall
serve for terms of four years; provided that no member shall serve beyond
the time when he holds the office or employment by reason of which he was
initially eligible for appointment. Notwithstanding anything in this
chapter to the contrary, the terms of members initially appointed to the
Commission by the Governor upon its establishment shall be: three for
three years, and three for four years. The Governor, at the time of ap-
pointment shall designate which of the terms are respectively for three
and four years. Any vacancy on the Commission shall be filled in the same
manner as the original appointment, but for the unexpired term.
(c) The Governor annually shall designate the Chairman of the Com-
mission, and the Commission annually shall select its Vice-Chairman.
The Chairman and Vice-Chairman shall be designated and selected from
among the members of the Commission.
(d) Notwithstanding any provision of any statute, ordinance, local
law, or charter provision to the contrary, membership on the Commission
shall not disqualify any member from holding any other public office or
employment, or cause the forfeiture thereof.
(e) Members of the Commission shall serve without compensation,
but shall be entitled to receive reimbursement for any actual expenses in-
curred as a necessary incident to such service.
(f) The Commission shall hold no less than four regular meetings a
year. Subject to the requirements of this subsection, the Chairman shall
fix the times and places of meetings, either on his own motion or upon
written request of any five members of the Commission.
(g) The Commission shall report biennially to the Governor and
General Assembly on its activities, and may make such other reports as it
deems desirable.
§ 9-108. As used in this chapter, the term “law enforcement officer”
means any full-time employee of a police department or sheriff’s office which
is a part of or administered by the State or any political subdivision thereof
and who is responsible for the prevention and detection of crime and the
enforcement of the penal, traffic or highway laws of this State.
§ 9-109. In addition to powers conferred upon the Commission else-
where in this chapter, the Commission shall have power to:
(1) Promulgate rules and regulations, pursuant to Chapter 1.1
of Title 9 of the Code of Virginia, for the administration of this
chapter including the authority to require the submission of reports
and information by police officers within this State.
(2) Establish compulsory minimum training standards subse-
quent to employment as a law enforcement officer, (a) in permanent
positions, and (b) in temporary or probationary status, and establish
the time required for completion of such training.
(3) Establish compulsory minimum curriculum requirements for
in-service and advanced courses and programs for schools operated
by or for the State or any political subdivisions thereof for the specific
purpose of training law enforcement officers.
(4) Consult and cooperate with counties, municipalities, agen-
cies of this State, other governmental agencies, and with universities,
colleges, junior colleges, and other institutions concerning the
development of police training schools and programs or courses of in-
struction.
(5) Approve institutions and facilities for school operation by or
for the State or any political subdivision thereof for the specific
purpose of training law enforcement officers; but this shall not prevent
the holding of any such school whether approved or not.
(6) Make or encourage studies of any aspect of law enforcement
administration.
(7) Conduct and stimulate research by public and private agen-
cies which shall be designed to improve police administration and
law enforcement.
(8) Make recommendations concerning any matter within its
purview pursuant to this chapter.
Employ and fix the salaries of such personnel as may be
necessary in the performance of its functions. The salaries of such
personnel shall be fixed in accordance with the standards of classifi-
cation of Chapter 10 of Title 2.1.
(10) Adopt and amend rules and regulations, consistent with
law, for its internal management and control.
(11) Enter into contracts or do such things as may be neces-
sary and incidental to the administration of its authority pursuant
to this chapter.
§ 9-110. The Commission shall establish and maintain police train-
ing programs through such agencies and institutions as the Commission
may deem appropriate.
§ 9-111. The Commission may accept for any of its purposes and
functions under this chapter any and all donations, both real and personal,
and grants of money from any governmental unit or public agency, or
from any institution, person, firm or corporation, and may receive, utilize
and dispose of the same. Any arrangements pursuant to this subsection
shall be detailed in the annual report of the Commission. Such report
shall include the identity of the donor, the nature of the transaction,
and the conditions, if any. Any monies received by the Commission pur-
suant to this section shall be deposited in the State treasury to the account
of the Commission.
The provisions of this chapter shall not be construed to require any
police officers serving under permanent appointment on the effective date
of this act to meet the training standards provided for herein, nor shall
failure of any such officer to meet such standards make him ineligible for
any promotional examination for which he is otherwise eligible.
2. The provisions of this chapter shall be severable and if any phrase,
clause, sentence or provision of this chapter is declared to be contrary to
the Constitution or laws of this State or of the United States or the
applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this chapter and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby.
3. This act shall be in force on and after July one, nineteen hundred
sixty-eight.