9.1-501 - Conduct of investigation.
§ 9.1-501. Conduct of investigation.
The provisions of this section shall apply whenever an investigation by anagency focuses on matters which could lead to the dismissal, demotion,suspension or transfer for punitive reasons of a law-enforcement officer:
1. Any questioning of the officer shall take place at a reasonable time andplace as designated by the investigating officer, preferably when the officerunder investigation is on duty and at the office of the command of theinvestigating officer or at the office of the local precinct or police unitof the officer being investigated, unless matters being investigated are ofsuch a nature that immediate action is required.
2. Prior to the officer being questioned, he shall be informed of (i) thename and rank of the investigating officer and of any individual to bepresent during the questioning and (ii) the nature of the investigation.
3. When a blood or urine specimen is taken from a law-enforcement officer forthe purpose of determining whether the officer has used drugs or alcohol, thespecimen shall be divided and placed into two separate containers. Onespecimen shall be tested while the other is held in a proper manner topreserve the specimen by the facility collecting or testing the specimen.Should the first specimen test positive, the law-enforcement officer shallhave the right to require the second specimen be sent to a laboratory of hischoice for independent testing in accordance generally with the proceduresset forth in §§ 18.2-268.1 through 18.2-268.12. The officer shall notify thechief of his agency in writing of his request within 10 days of beingnotified of positive specimen results. The laboratory chosen by the officershall be accredited or certified by one or more of the following bodies: theAmerican Society of Crime Laboratory Directors/Laboratory Accreditation Board(ASCLD/LAB), the College of American Pathologists (CAP), the United StatesDepartment of Health and Human Services Substance Abuse and Mental HealthServices Administration (SAMHSA), or the American Board of ForensicToxicology (ABFT).
(1978, c. 19, § 2.1-116.2; 1992, c. 221; 1993, c. 229; 2001, c. 844; 2005,cc. 868, 881.)