Virginia Regulatory Town Hall

Proposed Text

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Action:
Comprehensive Review and Update of the Training Standards ...
Stage: Proposed
 
6VAC20-230-30 Initial registration application

A. Individuals are required to be registered pursuant to § 19.2-13 of the Code of Virginia in the category of special conservator of the peace. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with firearms verification. The court may limit or prohibit the carrying of weapons by any special conservator of the peace as defined in § 19.2-13 G of the Code of Virginia.

B. Each person applying for registration shall meet the minimum requirements for eligibility as follows:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for special conservator of the peace, including firearms verification if applicable, requested pursuant to the entry-level training standards in 6VAC20-230-160; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. His mailing address on the application;

3. Fingerprint cards pursuant to 6VAC20-230-40;

4. The applicable, nonrefundable application fee;

5. A drug and alcohol test pursuant to 6VAC20-230-50; and

6. Pursuant to § 19.2-13 D of the Code of Virginia, documentation verifying that the applicant has secured a certificate of insurance reflecting the department as a certificate holder, showing a policy of professional law-enforcement liability insurance with a minimum coverage of $500,000 issued by an insurance company authorized to do business in Virginia.

7. Provide documentation of current CPR training; and

8. Provide documentation of current First Aid training.

D. Upon completion of the initial registration application requirements, the department may issue a temporary registration letter for not more than 120 days at a time while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements. This temporary registration letter shall be taken to the circuit court where seeking appointment for special conservator of the peace.

E. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

F. Each registered individual shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

G. Once the individual has met the requirements and received a temporary registration letter, he shall petition the circuit court for appointment in the jurisdiction where the individual will be employed.

H. Meeting the requirements of registration allows an individual to be eligible for appointment. Registration does not guarantee appointment.

I. Upon completion of an appointment by a circuit court, the individual shall file with the department a copy of the court order granting appointment as a special conservator of the peace. A final registration letter will be issued by the department. This registration letter shall be submitted to a specified entity for a state-issued photo identification card.

6VAC20-230-70 Renewal registration application

A. Applications for registration renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the registered individual. However, if the individual does not receive a renewal notification, it is the responsibility of the individual to ensure that renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the in-service training requirements set forth by this chapter; and

2. Be in good standing in every jurisdiction where appointment is granted. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the registration.

C. The department may renew a registration when the department receives the following:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable registration renewal fee;

3. Fingerprint card, application form, and applicable nonrefundable fee pursuant to 6VAC20-230-40; and

4. A copy of the court order granting special conservator of the peace authority and jurisdiction if changed from the original filed with the department.

5. Documentation of current CPR training; and

6. Documentation of current First Aid training.

D. Upon completion of the renewal registration application requirements, the department may issue a registration letter for a period not to exceed 12 months. This registration letter shall be submitted by the applicant to a specified entity for a state-issued photo identification card, or a decal will be provided by the department.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the reinstatement requirements set forth in 6VAC20-230-90.

6VAC20-230-160 Entry-level training

A. Each individual applying to the department for registration as a special conservator of the peace must meet the mandated entry-level training herein established unless provided for otherwise in accordance with this chapter.

B. The entry-level training hour requirement by category, excluding examinations, practical exercises, and range qualification, shall be:

1. Unarmed special conservator of the peace – 24 98 hours

2. Armed special conservator of the peace – 40 130 hours

C. The entry-level training course content by category, excluding range qualification, shall be as provided in this subsection.

1. Unarmed special conservator of the peace. The entry-level curriculum for unarmed special conservator of the peace sets forth the following areas identified as shall include:

a. Orientation – 2 hours

(1) Virginia law and regulations

(2) Ethics and professional conduct

(3) General duties and responsibilities

(4) Registration and training requirements

(5) Disciplinary actions and sanctions

b. Code of Virginia – 4 Hours

(1) Juvenile law

(2) Crimes against peace and order

(3) Crimes against persons

(4) Crimes against property

(5) Crimes against health and safety

(6) Crimes involving fraud

c. Constitutional law, civil law, due process, legal procedure – 4 hours

(1) United States Constitution

(2) Virginia Constitution

(3) Legal terminology and definitions

(4) Limitations and liability

(5) Magistrates, grand jury and courts

d. Arrest procedures – 8 hours

(1) Legal authority and related issues

(2) Probable cause

(3) Laws of arrests

(4) Warrants

(5) Summons

e. Use of force – 4 hours

(1) Confrontation management

(2) Liability issues

(3) Deadly force

(4) Use of restraints

f. Rules of evidence – 1 hour

(1) Types of evidence

(2) Chain of custody

(3) Admissibility of evidence

g. Court room testimony – 1 hour

Total hours – 24 hours

a. Orientation on Special Conservators of the Peace Laws and Regulations- 4 hours

b. Basic Laws- 12 hours

c. Virginia Crimes- 8 hours

d. Legal Procedures/Due Process- 22 hours

e. Use of Force and Liability Issues- 20 hours

f. Patrol Techniques- 16 hours

g. Personal Safety – Defensive Tactics and Survival- 16 hours

Total hours - 98 hours

2. Armed special conservator of the peace. The entry-level curriculum for armed special conservators of the peace shall include:

a. Aforementioned unarmed special conservator of the peace core subjects – 24 98 hours

b. Entry-level handgun training (refer to 6 VAC20-230-190) – 14 32 hours (includes dry fire, judgmental shooting and low-level light shooting familiarization)

c. Entry-level shotgun training, if applicable (refer to 6VAC20-230-200) – 2 hours

Total hours (excluding examinations and range qualification) – 40 130 hours

6VAC20-230-170 In-service training

A. Each person registered with the department as a special conservator of the peace by the department shall complete the compulsory minimum in-service training standard standards once during each 12-month period of registration. In-service training must be completed within 12 months prior to the expiration date.

B. The in-service training hour requirement by category, excluding examinations, practical exercises, and range qualification, shall be as follows:

1. Special conservators of the peace – 8 12 hours

2. Firearms requalification, if applicable.

C. The in-service training course content by category, for special conservators of the peace excluding examinations, practical exercises, and range qualification shall be as follows include:

1. Legal authority Legal updates and liability issues – 4 hours

2. Job-related training Career development4 8 hours

Total hours – 8 12 hours

6VAC20-230-180 General firearms training requirements

A registered armed special conservator of the peace shall: (i) successfully pass the entry-level handgun training, and (ii) maintain a valid firearms verification, and (iii) successfully complete annual firearms recertification.

6VAC20-230-190 Entry-level handgun training

A. Handgun classroom training.

1. The entry-level handgun classroom training will shall include but not be limited to the following:

a. Proper care and maintenance of the firearm; 4 hours of classroom training for one handgun

b. Civil liability of the use of firearms;

c. Criminal liability of the use of firearms;

d. Firearms retention and storage;

e. Deadly force;

f. Justifiable deadly force;

g. Range safety;

h. Principles of marksmanship;

i. Practical firearms handling and safety;

j. Judgmental shooting; and

k. Low-level light shooting familiarization.

Total Hours (excluding written examination) – 16 4 hours

2. Written examination required.

B. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training to individuals desiring to become armed special conservators of the peace.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster, ammunition (60 rounds). Range qualification training will include but not be limited to the following:

a. A minimum of 28 hours of range training for one handgun;

b. Fire a minimum of 200 rounds of ammunition in daylight conditions prior to qualification;

c. Choice of two department-approved law enforcement qualification courses (found within 6VAC20-20-21); and

d. A qualification score of 70% or better.

C. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line during all training.

2. Factory-loaded practice or duty ammunition (60 rounds) may be used for range qualification.

3. Course shall be fired double action, double single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

7. All individuals shall qualify with directional draw holsters only.

8. The range qualification of individuals shall be scored as follows:

B27 target: (use indicated K-value) 7, 8, 9, 10 X rings – value 5 points; other hits on silhouette – value 0 points; divide points scored by maximum possible score to obtain decimal and convert to percentage, e.g., 225 ÷ 300 =.75 = 75%. FBI Q target: all hits inside the bottle – value 5 points; hits outside the bottle – value 0 points.

9. The low light range familiarization of individuals shall be scored as indicated above. This is strictly a familiarization course with no pass or fail grade provided.

C. Course: Virginia Private Security Course of Fire for Handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in subsection B of this section. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1; 3 yards, utilizing Weaver, Modified Weaver or isosceles stance, 18 rounds:

a. Load 6 rounds and holster-loaded firearm.

b. On command, draw and fire 2 rounds (3 seconds), repeat.

c. Load 6 rounds and holster-loaded firearm.

d. On command, draw and fire 6 rounds with strong hand.

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds).

2. Phase 2; 7 yards, utilizing Weaver, Modified Weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm.

b. On command, draw and fire 1 round (2 seconds), repeat.

c. Load 6 rounds and holster loaded firearm.

d. On command, draw and fire 2 rounds (3 seconds), repeat.

e. Load 6 rounds and holster loaded firearm.

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds).

3. Phase 3; 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm.

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand.

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position.

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds).

D. Low Light Course: Virginia Private Security Low Light Familiarization Course of Fire for Handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (30 rounds). Equipment provided by instructor: A range that can simulate low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1; 3 yards, utilizing weaver or isosceles stance, 18 rounds:

a. Load 6 rounds and come to ready.

b. On command, fire 2 rounds (3 seconds); repeat.

c. Load 6 rounds and come to ready.

d. On command, fire 6 rounds with strong hand.

e. Unload, reload 6 rounds and fire 6 rounds (30 seconds).

2. Phase 2; 7 yards, utilizing Weaver or isosceles stance, 12 rounds

a. Load 6 rounds and come to ready.

b. On command, fire 2 rounds (5 seconds), and repeat.

c. Load 6 rounds and come to ready.

d. On command, draw and fire 3 rounds (6 seconds), and repeat.

6VAC20-230-200 Entry-level shotgun training (Repeal)

A. Shotgun classroom training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Safe and proper use and handling of the shotgun;

2. Nomenclature;

3. Positions and combat loading techniques;

4. Decision-making for the officer with the shotgun;

5. Transition from sidearm to shotgun; and

6. Shotgun retention and proper use of a sling.

Total hours – 2 hours

B. Range qualification (no minimum hours). The purpose of the range-firing course is to provide practical shotgun training to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. For certification, 12 gauge, double aught "00" buckshot ammunition shall be used. Five rounds.

2. Scoring – 70% of available pellets must be within silhouette.

C. Course: Virginia Private Security Course of Fire for Shotguns.

Distance

Position

No. Rounds

Target

Time

Combat load & fire – 15 yds.

Standing/Shoulder

3

B-27 Silhouette

20 sec.

Combat load & fire – 25 yds.

Kneeling/Shoulder

2

B-27 Silhouette

15 sec.

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

6VAC20-230-210 Firearms (handgun/shotgun) retraining

All armed special conservators of the peace must satisfactorily complete two hours of firearms classroom training or practical exercises and range training, and requalify with a handgun, as prescribed in 6VAC20-230-190, for handgun and 6VAC20-230-200 for shotgun, if applicable, on an annual basis. prior to the issuance of the firearms verification, as follows.

1. Classroom retraining or practical exercises – 2 hours

2. Range qualification with handgun and/or shotgun, if applicable (no minimum hours)

Total hours (excluding range qualification) – 2 hours