TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Title of Regulation: 6VAC20-300. Rules Relating to the Use of Military Property and Equipment for Law-Enforcement Agencies and Departments (adding 6VAC20-300-10, 6VAC20-300-20).
Statutory Authority: § 9.1-102 of the Code of Virginia.
Effective Dates: September 15, 2023, through March 14, 2025.
Agency Contact: Kristi Shalton, Law-Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.
Preamble:
Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia.
Pursuant to Chapter 37 of the 2020 Acts of Assembly, Special Session I, the amendments establish and administer a waiver process for law-enforcement agencies or departments to use certain military property and equipment.
Chapter 300
Rules Relating to the Use of Military Property and Equipment for Law-Enforcement Agencies and Departments
6VAC20-300-10. Establishment of a waiver process.
A. Any law-enforcement agency or department subject to the provisions of § 2.2-5515, 15.2-1721.1, or 52-11.3 of the Code of Virginia in possession of equipment prohibited by § 2.2-5515, 15.2-1721.1, or 52-11.3 of the Code of Virginia prior to March 1, 2021, must request a waiver to continue the use of such prohibited equipment.
B. Law-enforcement agencies or departments shall file with the Department of Criminal Justice Services (department) a completed application for such waiver on the form and in the manner provided by the department.
C. The Criminal Justice Services Board (board) shall consider each waiver request. Law-enforcement agencies or departments may appear before the board in support of the request. Law-enforcement agencies or departments may utilize qualifying equipment while the application for waiver is pending.
D. Any waivers granted by the board shall be published by the department on the department's website.
6VAC20-300-20. Failure to comply with rules relating to waiver process.
Law-enforcement agencies or departments that do not request or receive a waiver may not utilize any equipment prohibited by §§ 2.2-5515, 15.2-1721.1, and 52-11.3 of the Code of Virginia.
NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-300)
Military Surplus and Other Regulated Police Equipment Waiver, DCJS Form (rev. 4/2021)
VA.R. Doc. No. R22-6818; Filed July 25, 2023