reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-171. Assessment

When an individual applies for vocational rehabilitation services provided or funded by the Department, in whole or in part, an assessment shall be made to determine eligibility for benefits according to the standards adopted pursuant to § 51.5-170. If, after an assessment, eligibility is established, a comprehensive assessment shall be conducted to ascertain the nature and scope of services needed by the applicant. Both assessments shall be carried out with the involvement of the applicant and his parents or guardian if appropriate. Both assessments shall include, when appropriate, (i) a review of existing data and, to the extent necessary, the provision of appropriate assessment activities to obtain necessary data to determine eligibility and services needed; (ii) referral for the provision of rehabilitation technology services to assess and develop the individual's capacities to perform in a work environment; and (iii) referral to other agencies and organizations for appropriate assessment services.
1985, c. 421, §§ 51.01-16, 51.5-16; 1989, c. 181; 2002, c. 46; 2012, c. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-172. Individualized plan for employment

A written individualized plan for employment for each recipient of vocational rehabilitation services provided or funded by the Department, in whole or in part, shall be developed as soon as possible, but not later than 90 days after the due date of the determination of eligibility, unless an extension is agreed to by the client, his parents or guardian, if appropriate, and the Department. The plan shall be agreed to and signed by the client, his parents or guardian, if appropriate, and a qualified vocational rehabilitation counselor employed by the Department. When the Department is operating under an order of selection, the plan shall be developed and implemented for individuals meeting the Department's order of selection criteria. The plan shall be reviewed at least annually by the client, his parents or guardian, if appropriate, and the qualified vocational rehabilitation counselor.
1985, c. 421, §§ 51.01-17, 51.5-17; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-174. Services for groups

Vocational rehabilitation services provided by the Department for the benefit of groups shall include, to the maximum extent possible with the resources available to the Department:
1. The establishment, development, or improvement of community rehabilitation programs, which shall be used to provide services under this section that promote integration into the community and prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment;
2. Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program pursuant to Title XIX of the federal Social Security Act (42 U.S.C. § 1396 et seq.), entities designated by the Department to provide services for individuals with developmental disabilities, centers for independent living, housing and transportation authorities, workforce development systems, businesses, and employers;
3. The use of telecommunications systems, including telephone, television, satellite, radio, and other similar systems that have the potential for substantially improving delivery methods of activities described in this section and developing appropriate programming to meet the particular needs of individuals with disabilities;
4. Technical assistance to businesses that are seeking to employ individuals with disabilities;
5. Consultation and technical assistance services to assist state and local educational agencies in planning for the transition of students with disabilities from school to post-secondary life, including employment;
6. The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized by the Assistive Technology Act of 1968 (29 U.S.C. § 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers; and
7. Support, including tuition where appropriate, for advanced training in the fields of science, technology, engineering, mathematics (including computer science fields), medicine, law, or business, consistent with the requirements in § 103 of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.).
1985, c. 421, §§ 51.01-19, 51.5-19; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-175. Case closure in extended employment

When a case is closed upon a client's placement in extended employment in a community rehabilitation program or any other employment under § 14(c) of the Fair Labor Standards Act (29 U.S.C. § 214(c)), the case shall be reviewed by the Department semiannually for two years after the start of employment, and annually thereafter, to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive employment.
1985, c. 421, §§ 51.01-20, 51.5-20; 2002, c. 46; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-176. Participation by clients in cost of services

The Commissioner shall adopt written standards for determining the extent to which clients shall be responsible for the cost of vocational rehabilitation services provided or funded by the Department. However, the provision of the following services by the Department shall not be conditioned on the client's or applicant's ability to pay for the cost of those services: (i) evaluation of rehabilitation potential, except for vocational services other than those of a diagnostic nature which are provided under an evaluation of rehabilitation potential; (ii) counseling, guidance, and referral services; and (iii) placement and follow-up. The Department shall maximize financial participation of persons receiving services and shall maximize reimbursement from responsible third-party payors.
1985, c. 421, §§ 51.01-21, 51.5-21; 1987, c. 50; 1992, c. 755; 2012, cc. 803, 835; 2016, c. 27.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-177. Client rights regarding services

The Commissioner shall establish written standards governing the rights of applicants for and clients who receive vocational rehabilitation services which are provided or funded by the Department. The Department shall educate clients and staff regarding those rights and provide a procedure for fairly and impartially resolving conflicts and complaints about alleged violations of those rights. The Department shall make referrals consistent with the provisions of 29 U.S.C. § 732.
1985, c. 421, §§ 51.01-22, 51.5-22; 1992, c. 755; 2012, c. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-177.1. Vocational rehabilitation and employment services for law-enforcement officers with a disability

A. The Department shall make information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which former law-enforcement officers who have a disability as a result of their service can access such programs and services, available to law-enforcement agencies in the Commonwealth.
B. Every law-enforcement agency in the Commonwealth shall provide to every law-enforcement officer who separates from the agency due to a disability resulting from his service information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which such law-enforcement officers may access such programs and services.
2020, c. 553.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-178. Definitions

As used in this article:
"Advisory Board" means the Commonwealth Neurotrauma Initiative Advisory Board established pursuant to § 51.5-180.
"Fund" means the Commonwealth Neurotrauma Initiative Trust Fund established pursuant to § 51.5-179.
"Neurotrauma" means an injury to the central nervous system, that is, a traumatic spinal cord or brain injury which results in loss of physical and cognitive functions.
2002, c. 60, § 51.5-12.1; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-179. Commonwealth Neurotrauma Initiative Trust Fund established

A. For the purpose of preventing traumatic spinal cord or brain injuries and improving the treatment and care of Virginians with traumatic spinal cord or brain injuries, there is hereby created in the state treasury a special nonreverting fund to be known as the Commonwealth Neurotrauma Initiative Trust Fund, hereinafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller as a revolving fund and shall be administered by the Commonwealth Neurotrauma Initiative Advisory Board in cooperation with the Commissioner. The Fund shall consist of grants, donations, and bequests from public and private sources and funds collected as provided in § 46.2-411. Such moneys shall be deposited into the state treasury to the credit of the Fund and shall be used for the purposes of this article.
B. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered by the Commissioner and distributed according to the grant procedures established pursuant to § 51.5-181. Moneys in the Fund shall be used to support grants for Virginia-based organizations, institutions, and researchers as follows: (i) 47.5 percent shall be allocated for research on the mechanisms and treatment of neurotrauma, (ii) 47.5 percent shall be allocated for rehabilitative services, and (iii) five percent shall be allocated for the Department's costs for administering and staffing the Commonwealth Neurotrauma Initiative Advisory Board.
2002, c. 60, § 51.5-12.2; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-180. Commonwealth Neurotrauma Initiative Advisory Board established; membership; terms; duties and responsibilities

A. For the purpose of administering the Commonwealth Neurotrauma Initiative Trust Fund, in cooperation with the Commissioner, there is hereby established the Commonwealth Neurotrauma Initiative Advisory Board, hereinafter referred to as the Advisory Board. The Department shall provide organizational staff support for the Advisory Board.
The Advisory Board shall consist of seven members as follows: one person licensed to practice medicine in Virginia experienced with brain or spinal cord injury; one person licensed by a health regulatory board within the Department of Health Professions with experience in brain or spinal cord injury rehabilitative programs or services; one Virginian with traumatic spinal cord injury or a caretaker thereof; one Virginian with traumatic brain injury or a caretaker thereof; one citizen-at-large who shall not be an elected or appointed public official; the Commissioner; and the State Health Commissioner. The Commissioner and the Commissioner of Health may appoint designees to serve on the Advisory Board. Board members shall be appointed by the Governor. Nominations for appointments may be submitted, at the discretion of the Governor, from relevant organizations.
B. All members shall be appointed by the Governor for terms of four years. No member shall serve more than two successive terms of four years. The chairman shall be elected from the membership of the Advisory Board for a term of one year and shall be eligible for reelection. The Advisory Board shall meet at the call of the chairman or the Commissioner.
C. The Advisory Board shall:
1. Administer, in cooperation with the Commissioner, the Commonwealth Neurotrauma Initiative Trust Fund, in accordance with such regulations as shall be established for the Fund by the Commissioner;
2. Recommend to the Commissioner the policies and procedures for the administration of the Fund, including criteria for reviewing and ranking grant applications, distribution of funds, and areas of research needed in accordance with the provisions of subsection B of § 51.5-179;
3. Review and rank, or arrange for reviewers and technical advisers to review and rank, grant applications for education, basic science and clinical research, and rehabilitative research and community-based rehabilitative services; and
4. Report triennially on October 1, to the Governor and the General Assembly, aggregate data on the operations and funding of the Commonwealth Neurotrauma Initiative Trust Fund.
D. The Advisory Board may appoint grant reviewers and other technical advisers to assist it in its duties. Such reviewers and technical advisers shall be appointed in such manner as to provide equal representation from Virginia's three medical schools. Whenever reviewers or technical advisers sit as a committee, the chairman of the Advisory Board or his designee shall serve as chairman.
2002, c. 60, § 51.5-12.3; 2008, c. 40; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-181. Procedures for grant applications

The Commissioner shall promulgate regulations establishing procedures and policies for soliciting and receiving grant applications and criteria for reviewing and ranking such applications, including, but not limited to, goals, timelines, forms, eligibility, and mechanisms to ensure avoidance of any conflicts of interest or appearances thereof. The Commissioner shall receive the recommendations of the Commonwealth Neurotrauma Initiative Advisory Board prior to promulgating or revising any such regulations.
2002, c. 60, § 51.5-12.4; 2012, cc. 803, 835.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-182. Responsibility for complaints and investigations

In addition to its responsibilities for complaints regarding services provided by long-term care facilities pursuant to the Older Americans Act, 42 U.S.C. § 3001 et seq., as amended, the Office of the State Long-Term Care Ombudsman shall investigate complaints regarding services provided by (i) licensed adult day care centers as defined in § 63.2-100, (ii) home care organizations as defined in § 32.1-162.7, (iii) hospice facilities as defined in § 32.1-162.1, (iv) providers as defined in § 37.2-403, (v) state hospitals operated by the Department of Behavioral Health and Developmental Services, and (vi) an area agency on aging or any private nonprofit or proprietary agency providing services.
Nothing in this section shall affect the services provided by local departments of social services pursuant to § 63.2-1605.
2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-184. Confidentiality of records of Office of the State Long-Term Care Ombudsman

A. All documentary and other evidence received or maintained by the Office of the State Long-Term Care Ombudsman, the Department, or their agents in connection with specific complaints or investigations under any program of the Office of the State Long-Term Care Ombudsman shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that such information may be released on a confidential basis in compliance with regulations adopted by the Department and consistent with provisions of subdivision 4 of § 2.2-601 and with the requirements of the Older Americans Act, 42 U.S.C. § 3001 et seq.
B. The Office of the State Long-Term Care Ombudsman shall release information concerning completed investigations of complaints made under the programs of the Office of the State Long-Term Care Ombudsman but shall in no event release the identity of any complainant or individual receiving services from a long-term care provider that was the subject of a complaint unless (i) the complainant, or if the complainant is not the individual receiving services, the individual receiving services, or his legal representative and the complainant, consents to disclosure or (ii) disclosure is required by court order. The Office of the State Long-Term Care Ombudsman shall establish procedures to notify long-term care providers of the nature of complaints and its findings.
2020, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 14 - Department for Aging and Rehabilitative Services › § 51.5-185. Protection for representatives of the Office of the State Long-Term Care Ombudsman; interference, retaliation, and reprisals

A. Any designated representative of the Office of the State Long-Term Care Ombudsman who in good faith with reasonable cause and without malice performs the official duties of ombudsman, including acting to report, investigate, or cause any investigation to be made regarding a long-term care provider, shall be immune from any civil liability that might otherwise be incurred or imposed as the result of making the report or investigation.
B. No provider, entity, or person may interfere with, retaliate against, or subject to reprisals the Office of the State Long-Term Care Ombudsman or any of its representatives or designees for actions taken in fulfillment of its functions, responsibilities, or duties. The Commissioner shall promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals as required under the Older Americans Act, 42 U.S.C. § 3001 et seq.
C. The Department shall put in place mechanisms to ensure that the Office of the State Long-Term Care Ombudsman may (i) analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and policies and actions related to long-term care services and providers or to the health, safety, welfare, and rights of individuals receiving long-term care services; (ii) recommend changes to such laws, regulations, and policies; and (iii) provide information, recommendations, and the position of the Office of the State Long-Term Care Ombudsman to public and private agencies, legislators, media, and other persons regarding concerns of individuals receiving long-term care services. Any comments, determinations, recommendations, and positions of the Office of the State Long-Term Care Ombudsman shall be clearly labeled as those of the Office of the State Long-Term Care Ombudsman and shall not be binding on the Department.
2020, c. 728.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
DESCRIPTION OF OFFENSE
CORRESPONDING SECTION OF THE
CODE OF FEDERAL REGULATIONS
(a) General Violations
Marking of motor vehicle
49 C.F.R. § 390.21
Railroad crossing/stopping
49 C.F.R. § 392.10
(b) Driver Violations
No medical examiner's certificate
49 C.F.R. § 391.41
Improper medical examiner's certificate
49 C.F.R. § 391.43
Medical certificate invalid
49 C.F.R. § 391.43
No medical waiver
49 C.F.R. § 391.49
Ill/fatigued driver
49 C.F.R. § 392.3
Possess alcoholic beverage
49 C.F.R. § 392.5
Hearing aid to be worn
49 C.F.R. § 391.41
Violate 10-hour rule, 15-hour rule
49 C.F.R. § 395.3
Violate 60/70-hour rule
49 C.F.R. § 395.3
Logbook violation (general)
49 C.F.R. § 395.8
No logbook
49 C.F.R. § 395.8
Logbook not current
49 C.F.R. § 395.8
Fail to retain previous 7 days on logbook
49 C.F.R. § 395.8
(c) Equipment Violations
Equipment-inspection/use
49 C.F.R. § 392.7
Emergency equipment-inspection/use
49 C.F.R. § 392.8
Safe loading (secured)
49 C.F.R. § 392.9
Brakes-inoperative or missing
49 C.F.R. § 393.40-§ 393.52
Fuel tank securement
49 C.F.R. § 393.65
Fuel leak/cap
49 C.F.R. § 393.67
Coupling/towing devices
49 C.F.R. § 393.70; § 393.71
Tire exceeds weight limit
49 C.F.R. § 393.75
Bus violations
49 C.F.R. § 393.89-§ 393.92
Front end structure
49 C.F.R. § 393.106
Frame-cracked, loose, sagging, broken
49 C.F.R. § 393.201
Cab/body components-defective
49 C.F.R. § 393.203
Wheels/rims defective
49 C.F.R. § 393.205
Suspension-defective
49 C.F.R. § 393.207
Steering system-defective
49 C.F.R. § 393.209
Vehicle maintenance (general)
49 C.F.R. § 396.3
No driver vehicle inspection report
49 C.F.R. § 396.11
No periodic inspection
49 C.F.R. § 396.17-§ 396.25
(d) Hazardous Materials; Driving and Parking
Fail to attend Division 1.1, 1.2, or 1.3 material
49 C.F.R. § 397.5
Fail to attend other hazardous materials class
49 C.F.R. § 397.5
Improper parking Division 1.1, 1.2, or 1.3 material
49 C.F.R. § 397.7; § 397.11
Improper parking other hazardous materials
49 C.F.R. § 397.7; § 397.11
Fail to have route plan
49 C.F.R. § 397.67
Smoking violations
49 C.F.R. § 397.13
Instructions and document violations
49 C.F.R. § 397.19
1997, c. 283.
2023 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.
2023 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.
2023 Code of Virginia › Title 52 - Police (State) › Chapter 1 - Department of State Police › § 52-9. Administration of oaths; acknowledgments and affidavits; summoning witnesses in certain cases

A. All police officers appointed by the Superintendent are vested with the authority and power to administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of all laws relating to the operation of motor vehicles, applications for driver's licenses and the collection and refunding of taxes levied on gasoline, for which services they shall receive no compensation.
B. Any member of the Bureau of Criminal Investigation conducting an investigation may petition an appropriate judicial officer for the issuance of a summons directed to a sheriff of any county or city, police chief of any town, or to any member of the Bureau of Criminal Investigation, commanding the officer to summon witnesses at such time and place as he may direct. Any such officer to whom the summons is delivered shall forthwith execute it, and make return thereof at the time and place named therein.
C. Any member of the Bureau of Criminal Investigation who is conducting an investigation requested under the provisions of § 52-8.2 or investigating frauds or attempts to defraud the Commonwealth or any of its political subdivisions or investigating criminal misconduct related to official duties of any officer, agent, or employee of the Commonwealth or any of its political subdivisions, upon authorization by the Attorney General or an attorney for the Commonwealth, may administer an oath to any complaining witness who is giving a statement or evidence concerning such investigation. If oath is administered pursuant to this statute it shall be administered prior to the taking of any statement, and any statement taken after such oath shall be reduced to writing and subscribed by the witness.
1932, p. 617; 1934, p. 277; Michie Code 1942, § 2154(53); 1944, p. 204; R.P. 1948, § 52-9; 1980, c. 228; 1981, c. 223; 1984, c. 780.
2023 Code of Virginia › Title 52 - Police (State) › Chapter 1 - Department of State Police › § 52-9.1. Distinctive uniform to be adopted for State police officers

The Superintendent of State Police shall cause to be designed and, with the approval of the Governor, adopt a distinctive uniform with appropriate insignia for the use of the police officers appointed by him. Such uniform, when adopted, shall be worn by all such police officers when on patrol duty, and at such other times as the Superintendent may by regulation prescribe.
1950, p. 154; 1973, c. 401.
2023 Code of Virginia › Title 52 - Police (State) › Chapter 1 - Department of State Police › § 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.
1978, c. 569; 2022, c. 491.
2023 Code of Virginia › Title 52 - Police (State) › Chapter 1 - Department of State Police › § 52-9.2. Wearing of same or similar uniforms by other persons

When such official uniform has been adopted by the Superintendent, no police officer of any county, city or town, special policeman, guard or other person shall wear any uniform identical with such official uniform or so similar in appearance as to be likely to deceive the casual observer.
Violations of this section or § 52-9.1 shall constitute a misdemeanor and be punished as provided by law.
1950, p. 154.