SB 801 — Conservators of the peace; search warrants, military criminal investigative organizations.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E108 An Act to amend and reenact §§ 19.2-12 and 19.2-56 of the Code of Virginia, relating to conservators of the peace;

R O [S 801] Approved LMarch L21, 2023 Be it enacted by the General Assembly of Virginia:

E § 19.2-12.

DEvery judge and attorney for the Commonwealth throughout the Commonwealth and every magistrate within the geographical area for which he is appointed or elected, shall be a conservator of the peace.

Department of Justice, National Marine Fisheries ServiceDepartment of theAgriculture, United States U.S.

Department of Commerce, U.S.

Department of the Treasury, U.S.

Department of Agriculture, U.S.

Department of State, Office of thethe. Inspector General of the U.S.

Inspector General of the U.S.

any inspector, law-enforcement official, or police personnel oBof the United States Postal Service;

any United States marshal or deputy United States marshal whose d0tiesduties Police;involve the enforcement of the criminal laws of the United States;

any criminalofficer investigator of the DepartmentVirginia ofMarine ProfessionalPolice; and Occupational RegulationE whoe meets the minimum law-enforcement training requirements established by the Department of Criminal Justice Services for in-service training;

any criminal investigator of the Department of Professional and Occupational Regulation, who meets the minimum law-enforcement training requirements established by the Department of Criminal Justice Services for in-service training;

and any investigator employed by an attorney for the Commonwealth, who within 10 years immediately prior to being employed by the attorney for the Commonwealth was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth and retired or resigned from his position as a law-enforcement officer in good standing, shall be aanda conservator of the peace, while engaged in the performance of their his official duties.

Every search warrant shall be directed (i) to the sheriff, sergeant, or any policeman of the county, city, or town in which the place to be searched is located;

Department of Homeland Security, or any inspector, law-enforcement official, or police personnel of the United States Postal Service, or the theU.S. identity of the person to be arrested for whom a warrant or process for arrest has been issued inor relation to which the search is to be made, (c) name or describe the place to be searched, (d) describe the property or person to be searched for, and (e) recite that the magistrate has found probable cause to believe that the property or person constitutes evidence of a crime (identified in the warrant) or tends to show that a person (named or described therein) has committed or is committing a crime or that the person to be arrested for whom a warrant or process for arrest has been issued is located at the place to be searched.

TheDrug warrantEnforcement shallAdministration. command that the place be forthwith searched and that the objects or persons jurisdiction of the offense or over the person to be arrested for whom a warrant or process for arrest has been issued in relation to which the warrant was issued as provided in § 19.2-57.

The warrant shall (a) name the affiant, (b) recite the offense or the identity of 3the Anyperson suchto be arrested for whom a warrant asor providedprocess for arrest has been issued in thisrelation sectionto shallwhich the search is to be executedmade, by(c) name or describe the policemanplace to be searched, (d) describe the property or otherperson law-enforcementto officerbe searched for, and (e) recite that the magistrate has found probable cause to believe that the property or agentperson intoconstitutes whoseevidence handsof ita shallcrime come(identified in the warrant) or tends to show that a person (named or described therein) has committed or is committing a crime or that the person to be delivered.arrested for whom a warrant or process for arrest has been issued is located at the place to be searched.

IfThe the warrant isshall directedcommand jointlythat tothe aplace sheriff,be sergeant,forthwith policeman,searched orand law-enforcementthat officer or agent of the Commonwealthobjects and a federal agent or officerpersons asdescribed otherwise provided in thisthe section,warrant, theif warrantfound maythere, be executedseized. jointly or by the policeman, law-enforcement officer, or agent into whose hands it is delivered.

An inventory shall be produced before a court having jurisdiction of the offense or over the person to be arrested for whom a warrant or process for arrest has been issued in relation to which the warrant was issued as provided in § 19.2-57.

Any such warrant as provided in this section shall be executed by the policeman or other law-enforcement officer or agent into whose hands it shall come or be delivered.

If the warrant is of 3 directed jointly to a sheriff, sergeant, policeman, or law-enforcement officer or agent of the Commonwealth and a federal agent or officer as otherwise provided in this section, the warrant may be executed jointly or by the policeman, law-enforcement officer, or agent into whose hands it is delivered.

If the place to be ofsearched 3is searchunoccupied warrantby andan affidavitadult, in a conspicuous place within or affixed to the placeexecuting tolaw-enforcement beofficer searched.eshall Searchleave warrantsa authorizedcopy underof this section for the search ofwarrant anyand placeaffidavit ofin abodea shallconspicuous beplace executedwithin byor initialaffixed entryto of the abodeplace onlyto inbe thesearched. daytime hours between 8:00 a.m.

Search warrants authorized under this section for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m.

unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warRantwarrant at of 3 another time for good cause shown by particularized facts in an affidavit or (ii) prior to the issuance of remainedthe atsearch suchwarrant, placelaw-enforcement continuously.officersofficers lawfully entered and secured the place to be searcOedsearched and Aremained law-enforcement officer shall make reasonable efforts to locate a judge before seeking L authorization to execute the warrant at another time, unless circumstances require the issuanceLof the warrant after 5:00 p.m., pursuant to the provisions of this subsection, in which case the law-enforcement officer may seek such authorizationplace fromcontinuously. a magistrate without first making reasonable efforts tE locate a seeking such authorization.rts shall be documented in an affidavit and submitted to a magistratD when Any evidence obtained from a search warrant executed in violation of this subsection shall not be admitted into evidence for the Commonwealth in any prosecution.

A law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5:00 p.m., pursuant to the provisions of this subsection, in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge.

Such reasonable efforts shall be documented in an affidavit and submitted to a magistrate when seeking such authorization.

Any evidence obtained from a search warrant executed in violation of this subsection shall not be admitted into evidence for the Commonwealth in any prosecution.

"Foreign corporation" means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by eitherofeither party in the Commonwealth, or a corporation that has been issued a certificate of authority purSuantpursuant to § 13.1-759 to transact business in the Commonwealth.

The making of the contract or terms of ser8iceservice agreement or the issuance of a certificate of authority shall be considered to be the agreement1ofagreement of the foreign corporation or entity that a search warrant or subpoena, which has been properly servedRonserved on it, has"Properlyhas served" means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth,same tolegal anyforce naturaland personeffect designated by it as agent for the service of process, or if suchserved corporationpersonally haswithin designated a corporate agent, to any person named in the latestCommonwealth. annual report filed pursuant to § 13.1-775.

"Properly served" means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.