City Council

City of Chesapeake 2008
Legislative Package

Police Department
2008 Legislative Proposals

City of Chesapeake - 2008 Legislative Package

1. Change § Sections 19.2-152.8, 9 & 10; ¶16.1-253, 16.1-253.1 & .4 and ¶16.1-279.1 to require all information required by the Department of State Police for entry into the Virginia Criminal History be included with the Protective Order prior to submission to the local law enforcement agency for electronic submission into Virginia Criminal Information Network system.

Justification

Currently, the responsibility for timely, correct, and accurate information for all protective orders issued within the City of Chesapeake and entered into the VCIN system falls on the Police Department. Presently, state code allows the court to transfer information electronically to the Virginia Criminal Information Network via the Supreme Court system. The law does not ensure that the information transferred is correct, accurate and timely, as required by law enforcement. After local law enforcement receives an attested copy of the order from the court they must make corrections and add information required by the Department of State Police. Approximately 90% of the protective orders received by our department are entered into VCIN via the Supreme Court network. Out of that 90% approximately half contain errors and do not adhere to VCIN standards.  The local law enforcement agency is responsible for these entries during audits.  This will require the issuing authority to ensure the information is correct prior to transfer.

2. § 46.2-882. Determining speed with various devices; certificates as to accuracy of device; arrest without warrant.

Amend section by deleting requirement to be in uniform for arrest to read:

 …may be arrested without a warrant under this section if the arresting officer is in uniform and displays his badge of authority …

Justification

The requirement for an arresting officer to “be in uniform” and display his badge of authority should be changed to eliminate the “be in uniform” requirement.  With the number of jurisdictions allowing officers to utilize their police vehicles both on and off duty this requirement serves to prohibit the ability of an “off-duty” officer from making a traffic arrest unless in uniform.  The primary requirement should be proper identification by badge and identification card.  If the citizen being stopped is not positive the officer is a police officer the officer making the stop can obtain the assistance of a uniform officer to verify the plain clothes officers status.  No other code requires an officer to be wearing a uniform to make an arrest.

3. Add new code section to prohibit disorderly houses to read:

§18.2- 415.1.  Disorderly Houses, definition, penalties.

1. It shall be unlawful for any person to keep, maintain or operate, for himself or for any other person or as an officer of or agent for any corporation, association, club lodge or other organization, or under the guise of any corporation, association, club lodge or other organization, any disorderly house or place where disorderly persons meet or may meet or the purpose of illegally dispensing or indulging in intoxicating liquors, gaming or boisterous or other disorderly conduct.  However, the conduct prohibited under this section shall not be deemed to include the utterance or display of any words or conduct guaranteed by the constitution.
2. It shall be unlawful for any person to frequent or visit any disorderly place for the purposes indicated in paragraph A.
3. The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by sections A and B of this section.
4. Violation of this subsection shall be punishable as a Class 1 misdemeanor.

Justification

Officers are often called to scenes of loud disorderly parties at both public and private locations.  This section would assist officers in curtailing the boisterous or other disorderly conduct at these locations by providing the ability to cite those who after being warned continue their activities.  There are currently no legal remedies available to address those visiting or frequenting such disorderly locations which often require several repeat calls for service and a substantial drain on law enforcement resources especially on weekends and holidays when demand for services are unusually high.  The existing code dealing with maintaining a common nuisance (4.1.317) is an old code that was used primarily to control what was commonly referred to as “nip joints” and not able to be utilized to address the large disorderly gatherings, especially the juvenile parties that often have over 50 people in residential neighborhoods.  The problem of underage drinking is a national problem costing the United States nearly $62 billion a year.  The 2006 edition of the Journal of Studies on Alcohol notes that underage drinking leads to nearly 3,200 death each year.

4. §18.2-174.  Impersonating officer.

Amend Section by changing penalty from Class 1 misdemeanor to Class 6 felony.

Justification

Increasing the penalty from a misdemeanor to a felony will reflect the seriousness of the offense of impersonating a police officer.  Most law abiding citizens will obey without question the directions or requests of a person they believe to be a law enforcement officer.  This will also allow officers to take action for this violation that did not occur in their presence instead of requiring a complainant obtain a warrant.  With the current terrorism environment individuals who impersonate a police officer pose a threat to many security systems.  This may serve to discourage the wearing of a uniform and/or display of a badge signifying the individual is a law enforcement officer.  An article in the Virginian Pilot newspaper on October 22, 2004 highlighted an individual who had posed as a law enforcement officer to stop females and then handcuffed and fondled them.  There are numerous other incidents across the Commonwealth and the nation and anyone can obtain a law enforcement badge without difficulty.  The misuse of the badge to impersonate an officer undermines citizens confidence in law enforcement and should be treated as a felony.

5. Add new code section to prohibit Trespassing On School Property, to read:

§18.2-119.1.1  Trespassing On School Property –It shall be unlawful for any person to enter upon any school property at any time for any unlawful purpose, which shall be punishable as a Class 1 misdemeanor.

Justification

In 2006 students from a rival school entered another school with the intent to cause an assault or disturbance.  Once the students were located they were escorted off the school property but were not able to be charged with trespassing due to no sign being posted and they had never received a prior warning.  In the interest of school safety, there is no ordinance to address persons who come onto school property or enter a school bus while school is in session. If a law was established making it an offense to enter the property, persons could be arrested for trespassing as soon as they enter the property with no legitimate purpose and prior to committing an offense.

6. Amend §18.2-248 (F) to read:

“Any person who violates this section with respect to a controlled substance classifiedin Schedule V, any drug not listed in Schedule I through Schedule V but requires a prescription by a licensed physician, or any  imitation controlled substance which imitates a controlled substance classified in Schedule V but requires a prescription by a licensed physician, shall be guilty of a Class 1 misdemeanor.”

Justification

This code specifically addresses the illegality for possession, and distribution of Schedule I through Schedule V (defined according to U.S. Law) narcotics.  These are substances that are readily recognized as being illegal.  This code does not include the distribution of drugs that are not scheduled such as certain prescription drugs.  State Law creates a Schedule VI which is defined for drugs requiring a prescription.  These drugs are often diverted from a legitimate source and sold illegally.  There is a large market for drugs like Viagra, Ciallus, antibiotics, and other prescription drugs that are not scheduled.  Distribution of these drugs outside the practice of a licensed physician can be harmful or deadly to the consumer since some drugs interact in ways that most users are not familiar. 

7. Amend §18.2-346.  Being a prostitute or prostitution. by enhancing the penalty for second and subsequence offense to a Class 6 felony.

Justification

This offense is currently classified as a Class 1 misdemeanor regardless of the number of offenses committed.  It is requested that enhanced penalties be imposed for second and subsequence offenses.

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