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Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 20. Department of Criminal Justice Services
Chapter 230. Regulations Relating to Special Conservator of the Peace
1/18/2020

6VAC20-230-150. Registered Individual Standards of Conduct.

A. A registered individual shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter;

3. Not commit any act or omission that results in a registration being suspended, revoked, not renewed or being otherwise disciplined in any jurisdiction;

4. Not obtain a special conservator of the peace registration or registration renewal through any fraud or misrepresentation;

5. Carry a valid registration or valid temporary authorization letter at all times while on duty;

6. Carry the private security state authorized identification card at all times while on duty once the authorization has been approved from the department;

7. Perform those duties authorized by the circuit court only while employed and in the jurisdiction of appointment, and perform only those duties authorized in the circuit court ordered appointment;

8. Maintain a valid firearms verification if he carries or has immediate access to firearms while on duty and is authorized by the circuit court. He may carry only those firearms that he has been trained on and is qualified to carry;

9. Carry a firearm concealed while on duty only with the expressed authorization of the circuit court that appoints the registrant and only in compliance with § 18.2-308.01 of the Code of Virginia;

10. Transport, carry and utilize firearms while on duty only in a manner that does not endanger the public health, safety and welfare;

11. Make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest;

12. Display his registration while on duty in response to the request of a law-enforcement officer, department personnel or client;

13. Not perform any unlawful or negligent act resulting in a loss, injury or death to any person;

14. If a uniform is required, wear the uniform required by the employer. If wearing a uniform while employed as a special conservator of the peace, the uniform must have a name plate or tape bearing, as a minimum, the individual's last name attached on the outermost garment, except on rainwear worn only to protect from inclement weather;

15. Not display or use the word "police" or use the seal of the Commonwealth on any uniform, badge, credential, or vehicle in the performance of his duties, except a special conservator of the peace (i) employed by a state agency may use the seal of the Commonwealth on any uniform, badge, credential, or vehicle in the performance of his duties or (ii) employed by the Shenandoah Valley Regional Airport Commission or the Richmond Metropolitan Transportation Authority may use the word "police" on any badge, uniform, or vehicle or the seal of the Commonwealth on any badge or credential in the performance of his duties;

16. Act only in such a manner that does not endanger the public health, safety and welfare;

17. Not represent as one's own a special conservator of the peace registration issued to another individual;

18. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a registration;

19. Not engage in acts of unprofessional conduct in the practice of special conservator of the peace services;

20. Not engage in acts of negligent or incompetent special conservator of the peace services; and

21. Maintain at all times current liability coverage at least in the amount prescribed by the Code of Virginia.

B. No person with a criminal conviction for a misdemeanor involving (i) moral turpitude, (ii) assault and battery, (iii) damage to real or personal property, (iv) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, (v) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, (vi) firearms or (vii) any felony from which no appeal is pending, the time for appeal having elapsed, shall be registered as a conservator of the peace. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

C. No person who is prohibited from possessing, transporting, or purchasing a firearm shall be registered as a special conservator of the peace.

Statutory Authority

§ 9.1-150.2 of the Code of Virginia.

Historical Notes

Derived from Volume 21, Issue 26, eff. October 5, 2005; amended, Virginia Register Volume 33, Issue 04, eff. November 16, 2016; Volume 35, Issue 05, eff. November 28, 2018.

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