2025 SESSION

INTRODUCED

25100454D

HOUSE BILL NO. 1746

Offered January 13, 2025

Prefiled January 4, 2025

A BILL to amend and reenact §§ 9.1-800, 9.1-801, and 65.2-301.1 of the Code of Virginia, relating to public safety officer; definition.

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Patrons—Ennis, Green, Owen, Taylor and Walker

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 9.1-800, 9.1-801, and 65.2-301.1 of the Code of Virginia are amended and reenacted as follows:

§ 9.1-800. Commonwealth Public Safety Medal of Valor.

There is hereby established the Commonwealth Public Safety Medal of Valor. The Governor may award and present the Commonwealth Public Safety Medal of Valor, of appropriate design with ribbons and appurtenances, to a Virginia public safety officer, dispatcher as defined in § 56-484.16:1, or dispatcher employed by the Department of State Police for performance above and beyond the call of duty involving extraordinary valor in the face of grave danger, at great personal risk. The public safety officer, dispatcher as defined in § 56-484.16:1, or dispatcher employed by the Department of State Police shall have exhibited uncommon valor, which clearly distinguishes the officer as performing above and beyond normal job requirements. The Commonwealth Public Safety Medal of Valor shall be the highest award for valor by a public safety officer, dispatcher as defined in § 56-484.16:1, or dispatcher employed by the Department of State Police conferred by the Commonwealth. The Governor may select no more than three recipients for the Commonwealth Public Safety Medal of Valor award each year, unless the Governor determines that extraordinary circumstances warrant the selection of additional recipients.

§ 9.1-801. Public safety officer defined.

As used in this chapter, the term "public safety officer" includes a law-enforcement officer of the Commonwealth or any of its political subdivisions; a correctional officer as defined in § 53.1-1; a correctional officer employed at a juvenile correctional facility as the term is defined in § 66-25.3; a jail officer; a regional jail or jail farm superintendent; a member of any fire company or department or nonprofit or volunteer emergency medical services agency that has been recognized by an ordinance or resolution of the governing body of any county, city, or town of the Commonwealth as an integral part of the official safety program of such county, city, or town; an arson investigator; a member of the Virginia National Guard or the Virginia Defense Force while such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code; any a special agent of the Virginia Alcoholic Beverage Control Authority; any a police agent appointed under the provisions of § 56-353; any a regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to § 29.1-200; any a commissioned forest warden appointed pursuant to § 10.1-1135; any a member or employee of the Virginia Marine Resources Commission granted the power to arrest pursuant to § 28.2-900; any a Department of Emergency Management hazardous materials officer; any a nonfirefighter regional hazardous materials emergency response team member; any an investigator who is a full-time sworn member of the security division of the Virginia Lottery; any a full-time sworn member of the enforcement division of the Department of Motor Vehicles meeting the Department of Criminal Justice Services qualifications, when fulfilling duties pursuant to § 46.2-217; any a campus police officer appointed under the provisions of Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and any a conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; a dispatcher as defined in § 56-484.16:1 or dispatcher employed by the Department of State Police; and an animal control officer employed pursuant to § 3.2-6555.

§ 65.2-301.1. Public safety officers.

In situations where weather constitutes a particular risk of a public safety officer's employment and where the public safety officer's injury arose out of and in the course of his employment, absent a misconduct defense asserted pursuant to § 65.2-306, such injury shall be compensable under this title. As used in this section, "public safety officer" shall have the meaning ascribed to it in § 9.1-801, except that "public safety officer" shall not include a dispatcher as defined in § 56-484.16:1, a dispatcher employed by the Department of State Police, or an animal control officer employed pursuant to § 3.2-6555.