dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-31. Board created.
There shall be a Virginia Board for People with Disabilities, responsible to the Secretary of Health and Human Resources. The Board shall be composed of 40 members, to include the head or a person designated by the head of the Department for Aging and Rehabilitative Services, Department for the Deaf and Hard-of-Hearing, Department of Education, Department of Medical Assistance Services, Department of Behavioral Health and Developmental Services, Department of Health, and Department for the Blind and Vision Impaired; one representative of the protection and advocacy entity; one representative of the university center for excellence in developmental disabilities; one representative each, to be appointed by the Governor, of a local governmental agency, a manufacturing or a retailing industry, a high-technology industry, a public transit interest, and a nongovernmental agency or group of agencies concerned with services for persons with developmental disabilities; a banking executive; one person with disabilities other than developmental disabilities; and 24 persons with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves. Of the last 24 persons, one-third shall be persons with developmental disabilities; one-third shall be a combination of (i) parents or guardians of children with developmental disabilities and (ii) immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves; and one-third shall be a combination of (a) persons with developmental disabilities, (b) parents or guardians of children with developmental disabilities, and (c) immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves. At least one person shall be either (1) an immediate relative or guardian of a person who resides in or previously resided in an institution or (2) a person with a developmental disability who previously resided in an institution. Such persons shall not be employees of the Virginia Board for People with Disabilities or "managing employees," as defined by the Social Security Act (42 U.S.C. § 1320a-5), of any other entity that receives funds or provides services under Subtitle B of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (P.L. 106-402).

Each member appointed by the Governor shall be appointed for a four-year term. Members so appointed shall be subject to removal at the pleasure of the Governor. Any vacancy other than by expiration of a term shall be filled for the unexpired term. No person appointed by the Governor shall serve for more than two successive terms.

The Board shall elect its chairman.

1985, c. 421, § 51.01-31; 1989, c. 133; 1990, c. 458; 1992, c. 627; 2001, cc. 526, 546; 2003, c. 501; 2009, cc. 813, 840; 2012, cc. 803, 835; 2015, c. 523; 2023, c. 190.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-32. Meetings; compensation.
The Board shall meet and report at least quarterly to the Secretary of Health and Human Resources.

Members of the Board shall receive no compensation for their services. Representatives appointed by the Governor shall be paid their necessary expenses incurred in the performance of their duties.

1985, c. 421, § 51.01-32.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-33. Powers and duties.
The Board shall have the following powers and duties:

1. To advise the Secretary of Health and Human Resources and Governor on issues and problems of interest to persons with disabilities and on such other matters as either the Secretary or the Governor may request;

2. Beginning July 1, 2017, to submit an annual report to the Governor, through the Secretary of Health and Human Resources, that provides an in-depth assessment of at least two major service areas for people with disabilities, to be determined by the Board, that (i) includes a description of critical issues and trend analyses, (ii) identifies the needs of persons with developmental and related disabilities, (iii) evaluates the effectiveness of services provided by state-supported programs, and (iv) makes programmatic and fiscal recommendations for improving services and supports. Once every four years, the Board shall make available to the public all the service areas it intends to review over the following four years and shall ensure that each of these service areas is reviewed at least once within such period.

3. To serve as the State Council on Developmental Disabilities for the administration of certain federal public health and welfare laws as provided in 42 U.S.C. § 15001;

4. To perform all duties and exercise all powers designated by federal law for such state councils on developmental disabilities, including the responsibility for planning activities on behalf of all developmentally disabled persons in the Commonwealth; for receiving, accounting for and disbursing federal funds; for developing and approving the state plan; and for monitoring and evaluating the implementation of such plan for the provision of services and facilities for persons with developmental disabilities;

5. To be responsible for obtaining information and data from within the Commonwealth, and from time to time, but not less than annually, to review and evaluate the state plan and submit such state plan, and revisions thereto, to the Governor and to the U.S. Secretary of Health and Human Services;

6. To hire and supervise the Director of the Board and prescribe his duties, including:

a. Hiring such staff and obtaining the service of such professional, technical, and clerical personnel necessary to carry out the Board's powers and duties; and

b. Accepting gifts and grants on behalf of the Commonwealth, in furtherance of the purpose of this Board.

1985, c. 421, § 51.01-33; 1990, c. 458; 1992, c. 627; 1995, c. 34; 2009, c. 516; 2012, cc. 803, 835; 2015, c. 523; 2016, c. 219.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-34. Repealed.
Repealed by Acts 1995, c. 34, cl. 2.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-35. Repealed.
Repealed by Acts 1992, c. 627.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 7 (VIRGINIA BOARD FOR PEOPLE WITH DISABILITIES)
§ 51.5-35.1. Repealed.
Repealed by Acts 2015, c. 123, cl. 1.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 8 (DEPARTMENT FOR RIGHTS OF VIRGINIANS WITH DISABILITIES)
§ 51.5-36. Repealed.
Repealed by Acts 2002, c. 572, effective July 16, 2002.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 8.1 (PROTECTION AND ADVOCACY SERVICES)
§ 51.5-39.1. Repealed.
Repealed by Acts 2012, c. 847, cl. 2, effective January 1, 2014.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 8.1 (PROTECTION AND ADVOCACY SERVICES)
§ 51.5-39.13. Conversion of the Virginia Office for Protection and Advocacy to a nonprofit entity.
A. Not later than December 31, 2013, the Director, in consultation with the Board, shall establish a nonprofit entity to provide advocacy, legal, and ombudsman services to persons with disabilities. Such nonprofit entity shall be established in such a manner that the entity is in compliance with all federal law regarding a protection and advocacy system. Such nonprofit entity shall be designated as the agency to protect and advocate for the rights of persons with mental, cognitive, sensory, physical, or other disabilities and to receive federal funds on behalf of the Commonwealth of Virginia to implement the federal Protection and Advocacy for Individuals with Mental Illness Act, the federal Developmental Disabilities Assistance and Bill of Rights Act, the federal Rehabilitation Act, the Virginians with Disabilities Act (§ 51.5-1 et seq.), and such other related programs as may be established in state or federal law.

B. Not later than January 1, 2014, the Governor shall designate the nonprofit entity established pursuant to subsection A to serve as the state's protection and advocacy system, and such nonprofit entity shall thereafter be known as the disAbility Law Center of Virginia.

C. Employees of the Virginia Office for Protection and Advocacy who transition to employment with the organization designated pursuant to subsection B shall not be subject to the provisions of the Workforce Transition Act (§ 2.2-3200 et seq.).

2012, c. 847; 2013, c. 571.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-40. Nondiscrimination under state grants and programs.
No person with a disability who is otherwise qualified shall on the basis of his disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving state financial assistance or under any program or activity conducted by or on behalf of any state agency.

1985, c. 421, § 51.01-40; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2012, c. 847; 2014, c. 616.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-42. Discrimination against otherwise qualified persons with disabilities by educational institutions prohibited.
A. No public educational institution or private educational institution, or agent of either, that is a recipient of state funds shall deny admission to the institution, or full and equal access to and enjoyment of any of its educational or extracurricular programs, to an otherwise qualified person with a disability because of such disability. For purposes of this section, an "otherwise qualified person with a disability" means a person with a disability who meets the requirements for admission to the institution and for participation in its programs and whose disability is unrelated to the person's ability to utilize and benefit from educational opportunities, programs, and facilities at the educational institution.

B. This section shall not apply to any public or private educational institution that is subject to the requirements of § 22.1-215 nor to any private elementary or secondary school or institution of higher education that is not a recipient of state funds.

1985, c. 421, § 51.01-42; 2014, c. 616.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-43. Discrimination against qualified persons with disabilities in exercising right to vote prohibited.
No person with a disability who is otherwise entitled to vote under the provisions of § 24.2-400 and who is not disqualified from voting under the provisions of § 24.2-101 shall be denied the opportunity to register or vote in this Commonwealth because of such disability. However, nothing in this section shall be construed to require the release of patients from any state hospital as defined in § 37.2-100 or prisoners of any state correctional facility as defined in § 53.1-1 for purposes of registering to vote or voting.

1985, c. 421, § 51.01-43.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-44.1. Fraudulent representation of a service dog or hearing dog; penalty.
Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.

2016, c. 575.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-45. Right of persons with disabilities to housing accommodations.
A. All persons with disabilities unrelated to their ability to acquire, rent, or maintain property shall be entitled to full and equal opportunity to acquire, as other members of the general public, any housing accommodations offered for sale, rent, lease, or compensation, subject to the conditions and limitations established by law and applying alike to all persons. "Housing accommodations" for the purpose of this section means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but does not include any single family residence the occupant or owner of which rents, leases, or furnishes for compensation not more than one room therein.

B. Every visually impaired person who has a guide dog, every person who is deaf or hard of hearing and has a hearing dog, and every mobility-impaired or otherwise disabled person with a service dog shall be entitled to full and equal access with such dog to all housing accommodations provided for in this section. He shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises by such dog.

C. Nothing in this section shall require any person offering for sale, renting, leasing, or providing for compensation real property to modify that real property or provide a higher degree of care for a person with a disability than for a person who is not disabled, except as provided in § 36-99.5, nor shall anything in this section require any person who is selling, renting, leasing, or providing for compensation real property to sell, rent, lease, or provide such property to any person who would constitute a direct threat to the property or safety of others.

Code 1950, § 63.1-171.7; 1972, c. 156; 1979, c. 207; 1984, c. 753; 1985, c. 421, § 51.01-45; 1987, c. 500; 2014, c. 616; 2019, c. 288.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 9 (RIGHTS OF PERSONS WITH DISABILITIES)
§ 51.5-46. Remedies.
A. Any circuit court having jurisdiction and venue pursuant to Title 8.01, on the petition of any person with a disability, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order such affirmative equitable relief as is appropriate and to award compensatory damages and to award to a prevailing party reasonable attorney fees, except that a defendant shall not be entitled to an award of attorney fees unless the court finds that the claim was frivolous, unreasonable or groundless, or brought in bad faith. Compensatory damages shall not include damages for pain and suffering. Punitive damages shall not be awarded.

B. An action may be commenced pursuant to this section any time within one year of the occurrence of any violation of rights under this chapter. However, such action shall be forever barred unless such claimant or his agent, attorney or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant or defendants within 180 days of the occurrence of the alleged violation. Any liability for back pay shall not accrue from a date more than 180 days prior to the filing of the notice or the initial pleading in such civil action and shall be limited to a total of 180 days, reduced by the amount of other earnings over the same period. The petitioner shall have a duty to mitigate damages.

C. The relief available for violations of this chapter shall be limited to the relief set forth in this section.

1985, c. 421, § 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2005, c. 681; 2013, c. 571; 2015, c. 710.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 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.

1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-1; 1974, c. 483; 1980, c. 232; 2000, cc. 560, 600.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-10. Fees and rewards.
No court in the Commonwealth shall in any case, in which a fine is assessed for the violation of any law of the Commonwealth, or any subdivision thereof, assess, as a part of the cost of the case any fee for arrest, or as a witness, for the benefit of any police officer of the Department of State Police; nor shall any such police officer receive any such fee. Any such police officer who accepts or receives any such fee shall be guilty of a misdemeanor and shall be punished by a fine of not more than $100, and in addition the Superintendent may remove him therefor. But such officers are not prohibited from accepting or receiving rewards.

1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R.P. 1948, § 52-10; 2005, c. 839.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11. Defense of police officers.
If any police officer appointed by the Superintendent of State Police shall be brought before any regulatory body, summoned before any grand jury, investigated by any other law-enforcement agency, or 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. Upon a finding that (i) the officer did not violate a law or regulation resulting from the act which was the subject of the investigation and (ii) the officer will not be terminated from employment as the result of such act, the Superintendent shall pay for the special counsel employed. 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 administration of the Department of State Police.

1938, p. 491; Michie Code 1942, § 2154(54a); R. P. 1948, § 52-11; 1958, c. 542; 1991, c. 631.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11.1. State Health Commissioner to cooperate.
The State Health Commissioner shall cause to be furnished to the Department of State Police all such assistance requested by the Superintendent of State Police or the authorized officers and agents of the Department of State Police as may be afforded by the technical staff of the Department of Health and the Chief Medical Examiner.

The State Health Commissioner may, in his discretion, furnish to any other law-enforcement officer or agency, such assistance as is afforded by the technical staff of the Department of Health and the Chief Medical Examiner.

R.P. 1948, § 52-11.1; 1952, c. 493; 1979, c. 123.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11.2. Services of State Police in areas of counties that have merged, consolidated or been annexed into cities.
When a county or city merges or consolidates into a city, or when a combination of counties and cities merge into a city, or when any county and all of the incorporated towns located entirely therein merge, consolidate or be annexed or when any county or part thereof be annexed into a city or cities, the governing body of any such city may thereafter request of the Superintendent of State Police, and upon such request he shall grant, the services of the Department of State Police in those areas of the counties which were merged, or consolidated or annexed into such city or cities for a period of ten years after the effective date of such merger, consolidation or annexation which were not previously incorporated.

1968, c. 228; 1970, c. 224; 1971, Ex. Sess., c. 177; 1991, c. 189.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11.3. Acquisition of military property.
A. The Superintendent of State Police is authorized to apply for and accept grants or loans of personal property from the U.S. Department of Defense for use in the law-enforcement activities of the Department of State Police or any other law-enforcement agency of the Commonwealth or its political subdivisions. In connection with the receipt of such property, the Department of State Police and any other law-enforcement agency to which the property is transferred may agree to hold the United States government harmless against claims for damages arising out of the use of the property received. Such other law-enforcement agencies may also agree to hold the Commonwealth harmless against such claims.

B. Notwithstanding the provisions of subsection A, the Superintendent shall not acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; (iii) grenades or similar explosives or grenade launchers from a surplus program operated by the federal government; (iv) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat, also known as MRAPs, from a surplus program operated by the federal government; (v) bayonets; (vi) rifles of .50 caliber or higher; (vii) rifle ammunition of .50 caliber or higher; or (viii) weaponized tracked armored vehicles.

Nothing in this subsection shall restrict the acquisition or purchase of an armored high mobility multi-purpose wheeled vehicle, also known as HMMWVs, or preclude the seizure of any prohibited item in connection with a criminal investigation or proceeding or subject to a civil forfeiture. Any property obtained by seizure shall be disposed of at the conclusion of any investigation or as otherwise provided by law.

C. Nothing in this section shall be construed as prohibiting the acquisition, purchase, or otherwise acceptance of any personal protective equipment, naloxone or other lifesaving medication, or any personal property that is not specifically prohibited pursuant to subsection B from the federal government.

1995, c. 149; 2020, Sp. Sess. I, cc. 37, 55; 2022, cc. 375, 376.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11.5. Disposal of unclaimed firearms or other weapons in possession of the State Police.
Subject to the provisions of § 19.2-386.29, the State Police may destroy unclaimed firearms and other weapons that have been in the possession of the Department for a period of more than 120 days and that have been determined by the Superintendent or his designee to be unsuitable to be placed in service with the Department. For the purposes of this section, "unclaimed firearms and other weapons" means any firearm or other weapon belonging to another that has been acquired by a law-enforcement officer pursuant to his duties, that is not needed in any criminal prosecution, that has not been claimed by its rightful owner and that the State Treasurer has indicated will be declined if remitted under the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.).

At the discretion of the Superintendent or his designee, unclaimed firearms or other weapons may be destroyed by any means that render the firearms or other weapons permanently inoperable. Prior to the destruction of such firearms or other weapons, the Superintendent or his designee shall comply with the notice provisions contained in § 52-11.4.

In lieu of destroying any such unclaimed firearm, the Superintendent or his designee may donate the firearm to the Department of Forensic Science, upon agreement of the Department of Forensic Science.

2004, c. 427; 2015, c. 220.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-11.6. Arrest or summons quota prohibited.
A. The Department of State Police shall not establish a formal or informal quota that requires a police officer to make a specific number of arrests or issue a specific number of summonses within a designated period of time.

B. The Department of State Police shall not use the number of arrests made or summonses issued by a police officer as the sole criterion for evaluating an officer's job performance.

C. Nothing in this section shall preclude the Department of State Police from collecting, analyzing, and utilizing information concerning the number of arrests made or summonses issued for any other purpose.

2022, cc. 208, 209.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-2. Appointment of Superintendent and term of office.
The Superintendent of State Police shall be appointed by the Governor, subject to confirmation by the General Assembly if in session when such appointment is made, and if not in session, then at its next succeeding session. Such officer shall hold his office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment, or until his successor shall be appointed and qualified. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.

1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-2.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-3. Oath, bond, and salary of Superintendent.
The Superintendent of State Police, before entering upon the discharge of his duties, shall take an oath that he will faithfully and impartially discharge and perform all the duties of his office and shall be bonded in accordance with § 2.2-1840. The Superintendent shall receive such salary as may be appropriated for the purpose.

1942, p. 340; Michie Code 1942, § 585(71a); R. P. 1948, § 52-3; 2021, Sp. Sess. I, c. 152.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-4. Functions of Department.
The highway patrol, or state police patrol as it is sometimes called, the police school, the state police radio or communication system, the supervision of inspection stations and of inspectors of motor vehicles, the promotion of highway safety, the establishment and direction of a vehicle accident prevention and safety program for state agencies, the adoption of standards for motor vehicle appliances, accessories and safety devices and the registration of machine guns shall be in the Department of State Police.

1942, p. 340; Michie Code 1942, § 585(71a); 1948, p. 419; R.P. 1948, § 52-4; 1980, c. 469; 1986, c. 228; 1988, c. 806; 1989, c. 18.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-4.1. Repealed.
Repealed by Acts 1968, c. 722.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-4.2. Department of Motor Vehicles to publish statistical information, and conduct research and experiments; copies to be furnished by Department to Commonwealth's attorneys.
(a) The Department of Motor Vehicles shall tabulate and analyze all accident reports and shall publish annually, or more frequently, statistical information based thereon as to the number and circumstances of traffic accidents.

(b) Based upon its findings, after analysis, the Department may conduct further necessary detailed research to determine more fully the cause, control and prevention of highway accidents. It may further conduct experimental field tests within areas of the Commonwealth from time to time to prove the practicability of various ideas advanced in traffic control and accident prevention.

(c) The Department of Motor Vehicles shall promptly furnish a copy of any particular accident report or a proof of financial responsibility to any attorney for the Commonwealth upon the request of that person, without charge to be used only in the performance of his official duties.

Code 1950, §§ 46-411, 46-412; 1958, c. 550; 1968, c. 760; 1985, c. 10.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-4.3. Drug Investigation Special Trust Account.
A. There is hereby created in the Department of the Treasury a special nonreverting fund to be known as the Drug Investigation Special Trust Account, consisting of such funds as may be appropriated by the General Assembly from time to time and all interest, dividends and appreciation, including payments to the fund from the federal government by virtue of a grant, gift, forfeiture or other disposition, which may accrue to such fund, for the purpose of providing a timely supplemental source of money to the Department of State Police for use in the detection, investigation and apprehension of persons for the violation of the laws pertaining to the manufacture, sale or distribution of illegal drugs.

B. Funds from the Drug Investigation Special Trust Account shall be used to supplement general appropriations for the Department of State Police Bureau of Criminal Investigations and a division for drug law enforcement and investigation for nonpersonal service expenditures related to illegal drug investigations. They shall be used only for the purposes stated in subsection A and in strict conformity with the rules and regulations promulgated by the Superintendent of State Police to carry out the intent and purposes of this section.

C. No expenditures shall be made from the Drug Investigation Trust Account except in strict compliance with procedures established by the Superintendent of State Police and approved by the State Comptroller. The accounting for all such expenditures shall also be in strict compliance with such procedures.

D. The Drug Investigation Special Trust Account shall be established on the books of the Comptroller so as to segregate the amounts appropriated to the account and the amounts earned or accumulated by such special trust account. No portion of such special trust account shall be used for a purpose other than for drug investigations. Funds remaining in the Drug Investigation Special Trust Account at the end of a biennium shall not revert to the general fund but shall remain in the special trust account, to be used for the purposes set forth in subsections A through C and shall accumulate interest and dividends throughout the existence of the special trust account. Any funds, however, remaining in the special trust account at the end of a biennium in excess of $1,500,000 shall revert to the general fund.

1972, c. 320; 1982, c. 431; 1989, c. 168; 2000, cc. 560, 600.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-4.4. Duties relating to criminal history record information checks required by licensed firearms dealers.
The Superintendent of the Department of State Police shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 a.m. and 10:00 p.m., except December 25, for purposes of responding to inquiries from licensed firearms dealers, as such term is defined in 18 U.S.C. § 921 et seq., pursuant to the provisions of § 18.2-308.2:2. The Department shall hire and train such personnel as are necessary to administer the provisions of this section.

1989, c. 745; 1997, c. 341.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-5. Repealed.
Repealed by Acts 1978, c. 470.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-6. Appointment of additional police officers.
The Superintendent of State Police, with the approval of the Governor, shall have authority to appoint additional police officers, who may or may not be residents of this Commonwealth, to serve for specified periods of time. The police officers so appointed shall receive such compensation as the Superintendent shall approve. Such police officers shall have the same powers and perform the same duties as the regular police officers appointed by the Superintendent.

1932, p. 618; Michie Code 1942, § 2154(54); R. P. 1948, § 52-6; 1985, c. 272.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-6.1. Appointment of supervisory officers.
All appointments to sworn police positions above the rank of trooper within the Department of State Police shall be made by the Superintendent of State Police from among the sworn police officers of the Department, except for those positions designated in subdivision A 20 of § 2.2-2905, or whenever the Superintendent determines, in writing, that a position requires knowledge, skills, or abilities such that a sufficient pool of qualified candidates does not exist within the Department of State Police. It was and is the intent of the General Assembly that the primary factor in the career progression program is satisfactory years of service.

1993, c. 766.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-7. Bonds of police officers; liability insurance policies.
All police officers appointed by the Superintendent of State Police, and engaged in the enforcement of criminal laws and the laws relating to the operation of motor vehicles upon the roads and highways of this Commonwealth, shall, before entering upon or continuing in their duties, enter into bond, with some solvent guaranty company authorized to do business in this Commonwealth, as surety, in the penalty of $75,000 and with condition for the faithful and lawful performance of their duties. Such bonds shall be filed in the office of the Department of State Police, and the premiums thereon shall be paid out of the funds appropriated for the maintenance and operation of the Department of State Police. 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.

In lieu of posting bond as provided herein, any such police officer may furnish an adequate liability insurance policy as proof of his ability to respond in damages, which may be adjudged against him in favor of any person or persons injured or damaged in any manner resulting from his unlawful, negligent or improper conduct while on official duty, to the amount set forth above. The premiums on any such insurance policy or policies shall be paid out of the funds appropriated for the maintenance and operation of the Department of State Police.

All such bonds and insurance policies shall be approved by the Superintendent of State Police.

1926, p. 941; 1940, p. 473; Michie Code 1942, § 2154(51a); R. P. 1948, § 52-7; 1950, p. 150; 1966, c. 213; 1968, c. 492.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8. Powers and duties to enforce criminal laws and investigate aircraft accidents.
The Superintendent of State Police, his several assistants and police officers appointed by him are vested with the powers of a sheriff for the purpose of enforcing all the criminal laws of this Commonwealth and for investigating any aircraft accident which occurs in the Commonwealth, and it shall be the duty of the Superintendent, his several assistants and police officers appointed by him to use their best efforts to enforce the same.

Nothing in this section shall be construed as relieving any sheriff or sergeant, commissioner of the revenue, police officer, or any other official now or hereafter invested with police powers and duties, state or local, from the duty of aiding and assisting in the enforcement of such laws within the scope of his authority and duty.

1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R. P. 1948, § 52-8; 1968, c. 737.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.1. Powers and duties of Bureau of Criminal Investigation.
In addition to any other powers and duties which may be provided by statute or otherwise, the Bureau of Criminal Investigation shall conduct an investigation into any matter referred to it by the Governor. The Bureau of Criminal Investigation shall, when requested by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so directed or requested, if the person or grand jury making the request has reasonable cause to believe the acts committed or about to be committed would constitute a Class 1, 2 or 3 felony, to determine whether any such criminal violations have occurred, are occurring or are about to occur. The Bureau may, in all other requests for investigations made by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so requested, to determine whether any criminal violations have occurred, are occurring or are about to occur.

1974, c. 483; 1975, c. 650; 1980, c. 232.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.1:1. Powers and duties of a drug law enforcement and investigation division.
A. 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 drug law enforcement and investigation to enforce the laws of the Commonwealth and conduct investigations related to violations of Articles 1 (§ 18.2-247 et seq.) and 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 or when requested pursuant to the provisions of § 52-8.1.

B. The Superintendent may request and receive, from any federal, state or local agency, cooperation and assistance to aid such division in the performance of its duties, including temporary assignment of personnel which may be necessary to carry out the performance of its functions; provided that the agency consents to the assignment. Consent may not be unreasonably withheld. Any assistance or appropriation given to such division shall be used for the primary purpose of enforcing laws and conducting investigations related to violations of Articles 1 (§ 18.2-247 et seq.) and 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2. Such division shall be a party to any anti-crime partnership agreement established pursuant to § 2.2-117 and may assist any locality declared an Intensified Drug Enforcement Jurisdiction pursuant to § 15.2-1715.

C. Such division may enter into agreements with other states pertaining to the enforcement of Articles 1 (§ 18.2-247 et seq.) and 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 across state boundaries. Such division may share information with law-enforcement agencies in other states as is necessary to carry out its work.

2000, cc. 560, 600.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.2. Certain investigations of elected officials; immunity for witnesses.
A. No investigation of an elected official of the Commonwealth or any political subdivision to determine whether a criminal violation has occurred, is occurring or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken or continued except upon the request of the Governor, Attorney General or a grand jury.

B. In any grand jury proceeding or criminal prosecution involving a person who was at the time of the offense an elected official of the Commonwealth or a political subdivision thereof resulting from an investigation under subsection A, any witness called by the court or attorney for the Commonwealth and required to give evidence for the prosecution who refuses to testify or produce evidence by expressly invoking his right not to incriminate himself may be compelled to testify or produce evidence by the presiding judge. A witness who refuses to testify or produce evidence after being ordered to do so by the presiding judge may be held in contempt and may be incarcerated until the contempt is purged by compliance with the order. When a witness is compelled to testify or produce evidence after expressly invoking his right not to incriminate himself, and the presiding judge has determined that the assertion of the right is bona fide, the compelled testimony, or any information directly or indirectly derived from such testimony or other information, shall not be used against the witness in any criminal proceeding except a prosecution for perjury.

1977, c. 331; 1991, c. 675.

Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.3. Disclosure of criminal investigative records and reports; penalty.
Any person employed by a law-enforcement agency or other governmental agency within the Commonwealth who has or has had access in an official capacity to an official written record or report submitted in confidence to the Department of State Police relating to an ongoing criminal investigation, and who uses or knowingly permits another to use such record or report for any purpose not consistent with the record exclusions permitted in the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or other provision of state law, shall be guilty of a Class 2 misdemeanor.

The provisions of this section shall not be construed to impede or prohibit full access to information concerning the existence of any criminal investigation or to other verbal disclosures permitted by state police operating procedures.

1981, c. 238; 1999, cc. 703, 726; 2004, c. 690.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.4:1. Regulations for firearms shows.
The Superintendent of State Police shall provide a form for use by promoters of firearms shows for the purpose of notifying the State Police and the chief of police, or the sheriff in localities without police departments, of their intent to conduct a firearms show pursuant to § 54.1-4201.1.

1993, c. 477.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.4:2. Certain offenses to be considered traffic infractions.
Notwithstanding subsection C of § 52-8.4, any violation of any of the following provisions of the regulations adopted pursuant to § 52-8.4 shall constitute traffic infractions as defined in § 46.2-100 and shall be eligible for designation as traffic infractions for which a pretrial waiver of appearance, plea of guilty, and fine payment may be accepted pursuant to § 16.1-69.40:1.

a	DESCRIPTION OF OFFENSE	CORRESPONDING SECTION OF THE
CODE OF FEDERAL REGULATIONS
b	(a) General Violations
c	Marking of motor vehicle	49 C.F.R. § 390.21
d	Railroad crossing/stopping	49 C.F.R. § 392.10
e	(b) Driver Violations
f	No medical examiner's certificate	49 C.F.R. § 391.41
g	Improper medical examiner's certificate	49 C.F.R. § 391.43
h	Medical certificate invalid	49 C.F.R. § 391.43
i	No medical waiver	49 C.F.R. § 391.49
j	Ill/fatigued driver	49 C.F.R. § 392.3
k	Possess alcoholic beverage	49 C.F.R. § 392.5
l	Hearing aid to be worn	49 C.F.R. § 391.41
m	Violate 10-hour rule, 15-hour rule	49 C.F.R. § 395.3
n	Violate 60/70-hour rule	49 C.F.R. § 395.3
o	Logbook violation (general)	49 C.F.R. § 395.8
p	No logbook	49 C.F.R. § 395.8
q	Logbook not current	49 C.F.R. § 395.8
r	Fail to retain previous 7 days on logbook	49 C.F.R. § 395.8
s	(c) Equipment Violations

t	Equipment-inspection/use	49 C.F.R. § 392.7
u	Emergency equipment-inspection/use	49 C.F.R. § 392.8
v	Safe loading (secured)	49 C.F.R. § 392.9
w	Brakes-inoperative or missing	49 C.F.R. § 393.40-§ 393.52
x	Fuel tank securement	49 C.F.R. § 393.65
y	Fuel leak/cap	49 C.F.R. § 393.67
z	Coupling/towing devices	49 C.F.R. § 393.70; § 393.71
aa	Tire exceeds weight limit	49 C.F.R. § 393.75
ab	Bus violations	49 C.F.R. § 393.89-§ 393.92
ac	Front end structure	49 C.F.R. § 393.106
ad	Frame-cracked, loose, sagging, broken	49 C.F.R. § 393.201
ae	Cab/body components-defective	49 C.F.R. § 393.203
af	Wheels/rims defective	49 C.F.R. § 393.205
ag	Suspension-defective	49 C.F.R. § 393.207
ah	Steering system-defective	49 C.F.R. § 393.209
ai	Vehicle maintenance (general)	49 C.F.R. § 396.3
aj	No driver vehicle inspection report	49 C.F.R. § 396.11
ak	No periodic inspection	49 C.F.R. § 396.17-§ 396.25
al	(d) Hazardous Materials; Driving and Parking

am	Fail to attend Division 1.1, 1.2, or 1.3 material	49 C.F.R. § 397.5
an	Fail to attend other hazardous materials class	49 C.F.R. § 397.5
ao	Improper parking Division 1.1, 1.2, or 1.3 material	49 C.F.R. § 397.7; § 397.11
ap	Improper parking other hazardous materials	49 C.F.R. § 397.7; § 397.11
aq	Fail to have route plan	49 C.F.R. § 397.67
ar	Smoking violations	49 C.F.R. § 397.13
as	Instructions and document violations	49 C.F.R. § 397.19

1997, c. 283.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.5. Reporting hate crimes.
A. The Superintendent shall establish and maintain within the Department of State Police a central repository for the collection and analysis of information regarding hate crimes and groups and individuals carrying out such acts.

B. State, county, and municipal law-enforcement agencies shall report to the Department all hate crimes occurring in their jurisdictions in a form, time, and manner prescribed by the Superintendent. Such reports shall not be open to public inspection except insofar as the Superintendent shall permit.

C. As used in this section:

"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.

"Hate crime" means (i) a criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of the Commonwealth or of the United States; (ii) any illegal act directed against any persons or their property because of those persons' race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin; and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, gender, disability, gender identity, sexual orientation, or ethnic or national origin.

1988, c. 838; 2002, cc. 588, 623; 2020, cc. 124, 746, 1171.
Code of Virginia — Title 52 (Police (State)), Chapter 1 (DEPARTMENT OF STATE POLICE)
§ 52-8.6. Criminal street gang reporting.
When it is determined, by a state or local law-enforcement agency, regional jail, the Department of Corrections, the Department of Juvenile Justice, or a regional multijurisdictional law-enforcement task force, that a person is a member of a criminal street gang, as defined in § 18.2-46.1 by means of (i) an admission of membership in a gang; (ii) an observation by a law-enforcement officer that a person frequents a known gang area, associates with known gang members and demonstrates gang style of dress, tattoos, hand signals, or symbols; or (iii) being arrested on more than one occasion with known gang members for offenses consistent with gang activities, the agency shall enter the person's name and other appropriate gang-related information required by the Department of State Police into the information system known as the Organized Criminal Gang File of the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of this title, and the Violent Criminal Gang File of the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation. The entry shall be made as soon as practicable after determining that a person is a member of an organized criminal gang. All records contained in these information systems shall be entered, retained, and validated in accordance with established VCIN and NCIC policies.

2005, c. 843; 2010, cc. 367, 472.