15.2-1722 - Certain records to be kept by sheriffs and chiefs of police.
§ 15.2-1722. Certain records to be kept by sheriffs and chiefs of police.
A. It shall be the duty of the sheriff or chief of police of every localityto insure, in addition to other records required by law, the maintenance ofadequate personnel, arrest, investigative, reportable incidents, andnoncriminal incidents records necessary for the efficient operation of alaw-enforcement agency. Failure of a sheriff or a chief of police to maintainsuch records or failure to relinquish such records to his successor in officeshall constitute a misdemeanor. Former sheriffs or chiefs of police shall beallowed access to such files for preparation of a defense in any suit oraction arising from the performance of their official duties as sheriff orchief of police. The enforcement of this section shall be the duty of theattorney for the Commonwealth of the county or city wherein the violationoccurs.
B. For purposes of this section, the following definitions shall apply:
"Arrest records" means a compilation of information, centrally maintainedin law-enforcement custody, of any arrest or temporary detention of anindividual, including the identity of the person arrested or detained, thenature of the arrest or detention, and the charge, if any.
"Investigative records" means the reports of any systematic inquiries orexaminations into criminal or suspected criminal acts which have beencommitted, are being committed, or are about to be committed.
"Noncriminal incidents records" means compilations of noncriminaloccurrences of general interest to law-enforcement agencies, such as missingpersons, lost and found property, suicides and accidental deaths.
"Personnel records" means those records maintained on each and everyindividual employed by a law-enforcement agency which reflect personal dataconcerning the employee's age, length of service, amount of training,education, compensation level, and other pertinent personal information.
"Reportable incidents records" means a compilation of complaints receivedby a law-enforcement agency and action taken by the agency in responsethereto.
(1975, c. 290, § 15.1-135.1; 1979, c. 686; 1981, c. 284; 1997, c. 587; 1999,cc. 703, 726.)