About Virginia Locksmith Bill HB 462 Download HB 462 PDF
The Virginia Locksmith Bill was offered January 9, 2008 in the Virginia General Assembly as House Bill 462, and has been signed into law. This locksmith legislation in Virginia will help to counter the problem of phony locksmiths that have flooded the printed directories, 411, and the internet with ficticious addresses that mislead consumers needing service into thinking they are calling a local locksmith company. If you are a victim of an unlicensed, illegal locksmith company, Baldino's is here to assist you in repairing criminal break in damage and restore your confidence in what real locksmiths do in both emergency and non-emergency situations.
2008 SESSION
INTRODUCED
088293404
HOUSE BILL NO. 462
Offered January 9, 2008
Prefiled January 4, 2008
A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by
adding in Chapter 1 of Title 9.1 an article numbered 13, consisting of sections numbered 9.1-187
through 9.1-198, relating to the Department of Criminal Justice Services; regulation of locksmiths.
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Patrons––Albo and Marsden
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:
1. That § 9.1-102 of the Code of Virginia is amended and reenacted and that the Code of Virginia
is amended by adding in Chapter 1 of Title 9.1 an article numbered 12, consisting of sections
numbered 9.1-187 through 9.1-198, as follows:
§ 9.1-102. Powers and duties of the Board and the Department.
The Department, under the direction of the Board, which shall be the policy-making body for
carrying out the duties and powers hereunder, shall have the power and duty to:
1. Adopt regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the
administration of this chapter including the authority to require the submission of reports and
information by law-enforcement officers within the Commonwealth. Any proposed regulations
concerning the privacy, confidentiality, and security of criminal justice information shall be submitted
for review and comment to any board, commission, or committee or other body which may be
established by the General Assembly to regulate the privacy, confidentiality, and security of information
collected and maintained by the Commonwealth or any political subdivision thereof;
2. Establish compulsory minimum training standards subsequent to employment as a law-enforcement
officer in (i) permanent positions, and (ii) temporary or probationary status, and establish the time
required for completion of such training;
3. Establish minimum training standards and qualifications for certification and recertification for
law-enforcement officers serving as field training officers;
4. Establish compulsory minimum curriculum requirements for in-service and advanced courses and
programs for schools, whether located in or outside the Commonwealth, which are operated for the
specific purpose of training law-enforcement officers;
5. Establish (i) compulsory minimum training standards for law-enforcement officers who utilize
radar or an electrical or microcomputer device to measure the speed of motor vehicles as provided in
§ 46.2-882 and establish the time required for completion of the training and (ii) compulsory minimum
qualifications for certification and recertification of instructors who provide such training;
6. Establish compulsory training courses for law-enforcement officers in laws and procedures relating
to entrapment, search and seizure, evidence, and techniques of report writing, which training shall be
completed by law-enforcement officers who have not completed the compulsory training standards set
out in subdivision 2, prior to assignment of any such officers to undercover investigation work. Failure
to complete the training shall not, for that reason, constitute grounds to exclude otherwise properly
admissible testimony or other evidence from such officer resulting from any undercover investigation;
7. Establish compulsory minimum entry-level, in-service and advanced training standards for those
persons designated to provide courthouse and courtroom security pursuant to the provisions of
§ 53.1-120, and to establish the time required for completion of such training;
8. Establish compulsory minimum entry-level, in-service and advanced training standards for deputy
sheriffs designated to serve process pursuant to the provisions of § 8.01-293, and establish the time
required for the completion of such training;
9. Establish compulsory minimum entry-level, in-service, and advanced training standards for persons
employed as deputy sheriffs and jail officers by local criminal justice agencies and for correctional
officers employed by the Department of Corrections under the provisions of Title 53.1, and establish the
time required for completion of such training;
10. Establish compulsory minimum training standards for all dispatchers employed by or in any local
or state government agency, whose duties include the dispatching of law-enforcement personnel. Such
training standards shall apply only to dispatchers hired on or after July 1, 1988;
11. Consult and cooperate with counties, municipalities, agencies of the Commonwealth, other state
and federal governmental agencies, and with universities, colleges, community colleges, and other
institutions, whether located in or outside the Commonwealth, concerning the development of police
training schools and programs or courses of instruction;
12. Approve institutions, curricula and facilities, whether located in or outside the Commonwealth,
for school operation for the specific purpose of training law-enforcement officers; but this shall not
prevent the holding of any such school whether approved or not;
13. Establish and maintain police training programs through such agencies and institutions as the
Board deems appropriate;
14. Establish compulsory minimum qualifications of certification and recertification for instructors in
criminal justice training schools approved by the Department;
15. Conduct and stimulate research by public and private agencies which shall be designed to
improve police administration and law enforcement;
16. Make recommendations concerning any matter within its purview pursuant to this chapter;
17. Coordinate its activities with those of any interstate system for the exchange of criminal history
record information, nominate one or more of its members to serve upon the council or committee of any
such system, and participate when and as deemed appropriate in any such system's activities and
programs;
18. Conduct inquiries and investigations it deems appropriate to carry out its functions under this
chapter and, in conducting such inquiries and investigations, may require any criminal justice agency to
submit information, reports, and statistical data with respect to its policy and operation of information
systems or with respect to its collection, storage, dissemination, and usage of criminal history record
information and correctional status information, and such criminal justice agencies shall submit such
information, reports, and data as are reasonably required;
19. Conduct audits as required by § 9.1-131;
20. Conduct a continuing study and review of questions of individual privacy and confidentiality of
criminal history record information and correctional status information;
21. Advise criminal justice agencies and initiate educational programs for such agencies with respect
to matters of privacy, confidentiality, and security as they pertain to criminal history record information
and correctional status information;
22. Maintain a liaison with any board, commission, committee, or other body which may be
established by law, executive order, or resolution to regulate the privacy and security of information
collected by the Commonwealth or any political subdivision thereof;
23. Adopt regulations establishing guidelines and standards for the collection, storage, and
dissemination of criminal history record information and correctional status information, and the privacy,
confidentiality, and security thereof necessary to implement state and federal statutes, regulations, and
court orders;
24. Operate a statewide criminal justice research center, which shall maintain an integrated criminal
justice information system, produce reports, provide technical assistance to state and local criminal
justice data system users, and provide analysis and interpretation of criminal justice statistical
information;
25. Develop a comprehensive, statewide, long-range plan for strengthening and improving law
enforcement and the administration of criminal justice throughout the Commonwealth, and periodically
update that plan;
26. Cooperate with, and advise and assist, all agencies, departments, boards and institutions of the
Commonwealth, and units of general local government, or combinations thereof, including planning
district commissions, in planning, developing, and administering programs, projects, comprehensive
plans, and other activities for improving law enforcement and the administration of criminal justice
throughout the Commonwealth, including allocating and subgranting funds for these purposes;
27. Define, develop, organize, encourage, conduct, coordinate, and administer programs, projects and
activities for the Commonwealth and units of general local government, or combinations thereof, in the
Commonwealth, designed to strengthen and improve law enforcement and the administration of criminal
justice at every level throughout the Commonwealth;
28. Review and evaluate programs, projects, and activities, and recommend, where necessary,
revisions or alterations to such programs, projects, and activities for the purpose of improving law
enforcement and the administration of criminal justice;
29. Coordinate the activities and projects of the state departments, agencies, and boards of the
Commonwealth and of the units of general local government, or combination thereof, including planning
district commissions, relating to the preparation, adoption, administration, and implementation of
comprehensive plans to strengthen and improve law enforcement and the administration of criminal
justice;
30. Do all things necessary on behalf of the Commonwealth and its units of general local
government, to determine and secure benefits available under the Omnibus Crime Control and Safe
Streets Act of 1968 (P.L. 90-351, 82 Stat. 197), as amended, and under any other federal acts and
programs for strengthening and improving law enforcement, the administration of criminal justice, and
delinquency prevention and control;
31. Receive, administer, and expend all funds and other assistance available to the Board and the
Department for carrying out the purposes of this chapter and the Omnibus Crime Control and Safe
Streets Act of 1968, as amended;
32. Apply for and accept grants from the United States government or any other source in carrying
out the purposes of this chapter and accept any and all donations both real and personal, and grants of
money from any governmental unit or public agency, or from any institution, person, firm or
corporation, and may receive, utilize and dispose of the same. Any arrangements pursuant to this section
shall be detailed in the annual report of the Board. Such report shall include the identity of the donor,
the nature of the transaction, and the conditions, if any. Any moneys received pursuant to this section
shall be deposited in the state treasury to the account of the Department. To these ends, the Board shall
have the power to comply with conditions and execute such agreements as may be necessary;
33. Make and enter into all contracts and agreements necessary or incidental to the performance of
its duties and execution of its powers under this chapter, including but not limited to, contracts with the
United States, units of general local government or combinations thereof, in Virginia or other states, and
with agencies and departments of the Commonwealth;
34. Adopt and administer reasonable regulations for the planning and implementation of programs
and activities and for the allocation, expenditure and subgranting of funds available to the
Commonwealth and to units of general local government, and for carrying out the purposes of this
chapter and the powers and duties set forth herein;
35. Certify and decertify law-enforcement officers in accordance with §§ 15.2-1706 and 15.2-1707;
36. Establish training standards and publish a model policy for law-enforcement personnel in the
handling of family abuse, domestic violence, sexual assault and stalking cases, including standards for
determining the predominant physical aggressor in accordance with § 19.2-81.3;
37. Establish training standards and publish a model policy for law-enforcement personnel in
communicating with and facilitating the safe return of individuals diagnosed with Alzheimer's disease;
38. Establish compulsory training standards for basic training and the recertification of
law-enforcement officers to ensure sensitivity to and awareness of cultural diversity and the potential for
biased policing;
39. Review and evaluate community-policing programs in the Commonwealth, and recommend where
necessary statewide operating procedures, guidelines, and standards which strengthen and improve such
programs, including sensitivity to and awareness of cultural diversity and the potential for biased
policing;
40. Publish and disseminate a model policy or guideline that may be used by state and local agencies
to ensure that law-enforcement personnel are sensitive to and aware of cultural diversity and the
potential for biased policing;
41. ––Expired.]
42. Establish a Virginia Law-Enforcement Accreditation Center. The Center shall, in cooperation with
Virginia law-enforcement agencies, provide technical assistance and administrative support, including
staffing, for the establishment of voluntary state law-enforcement accreditation standards. The Center
may provide accreditation assistance and training, resource material, and research into methods and
procedures that will assist the Virginia law-enforcement community efforts to obtain Virginia
accreditation status;
43. Promote community policing philosophy and practice throughout the Commonwealth by
providing community policing training and technical assistance statewide to all law-enforcement
agencies, community groups, public and private organizations and citizens; developing and distributing
innovative policing curricula and training tools on general community policing philosophy and practice
and contemporary critical issues facing Virginia communities; serving as a consultant to Virginia
organizations with specific community policing needs; facilitating continued development and
implementation of community policing programs statewide through discussion forums for community
policing leaders, development of law-enforcement instructors; promoting a statewide community policing
initiative; and serving as a statewide information source on the subject of community policing including,
but not limited to periodic newsletters, a website and an accessible lending library;
44. Establish, in consultation with the Department of Education and the Virginia State Crime
Commission, compulsory minimum standards for employment and job-entry and in-service training
curricula and certification requirements for school security officers, which training and certification shall
be administered by the Virginia Center for School Safety pursuant to § 9.1-184. Such training standards
shall include, but shall not be limited to, the role and responsibility of school security officers, relevant
state and federal laws, school and personal liability issues, security awareness in the school environment,
mediation and conflict resolution, disaster and emergency response, and student behavioral dynamics.
The Department shall establish an advisory committee consisting of local school board representatives,
principals, superintendents, and school security personnel to assist in the development of these standards
and certification requirements;
45. Establish training standards and publish a model policy and protocols for local and regional
sexual assault response teams;
46. License and regulate property bail bondsmen and surety bail bondsmen in accordance with
Article 11 (§ 9.1-185 et seq.) of this chapter;
47. License and regulate bail enforcement agents in accordance with Article 12 (§ 9.1-186 et seq.) of
this chapter;
48. In conjunction with the Virginia State Police and the State Compensation Board, advise criminal
justice agencies regarding the investigation, registration, and dissemination of information requirements
as they pertain to the Sex Offender and Crimes Against Minors Registry Act (§ 9.1-900 et seq.);
49. Establish minimum standards for (i) employment, (ii) job-entry and in-service training curricula,
and (iii) certification requirements for campus security officers. Such training standards shall include, but
not be limited to, the role and responsibility of campus security officers, relevant state and federal laws,
school and personal liability issues, security awareness in the campus environment, and disaster and
emergency response. The Department shall provide technical support and assistance to campus police
departments and campus security departments on the establishment and implementation of policies and
procedures, including but not limited to: the management of such departments, investigatory procedures,
judicial referrals, the establishment and management of databases for campus safety and security
information sharing, and development of uniform record keeping for disciplinary records and statistics,
such as campus crime logs, judicial referrals and Clery Act statistics. The Department shall establish an
advisory committee consisting of college administrators, college police chiefs, college security
department chiefs, and local law-enforcement officials to assist in the development of the standards and
certification requirements and training pursuant to this subdivision; and
50. License and regulate locksmiths in accordance with Article 13 (§ 9.1-187 et seq.) of this chapter;
and
51. Perform such other acts as may be necessary or convenient for the effective performance of its
duties.
Article 13.
Locksmiths.
§ 9.1-187. Definitions.
As used in this article, unless the context requires a different meaning:
"Board" means the Criminal Justice Services Board.
"Code book" means a compilation, in any form, of key codes and combinations.
"License" means a certificate issued by the Board recognizing the person named therein as having
met the requirements to perform locksmith services.
"Locksmith" means a person who has been issued a license by the Board.
"Locksmith services" means repairing, rebuilding, rekeying, repinning, servicing, adjusting, or
installing locks, mechanical or electronic locking devices, access control devices, egress control devices,
safes, vaults, and safe-deposit boxes for compensation or other consideration, including services
performed by safe technicians.
"Locksmith tools" means any tools that are designed or used to open a mechanical or electrical
locking device in a way other than that which was intended by the manufacturer.
§ 9.1-188. Licenses required; qualifications.
A. No person shall perform or offer to perform locksmith services in the Commonwealth unless the
person has been licensed under the provisions of this article. A violation of this section shall be
punishable as a Class 3 misdemeanor unless the conduct is covered under some other provision of law
providing greater punishment.
B. An applicant shall be licensed as a locksmith if the applicant meets all of the following
qualifications:
1. Is of good moral and ethical character;
2. Is at least 18 years of age;
3. Successfully completes an examination administered by the Board that measures the knowledge
and skill of the applicant in locksmith services and the laws applicable to licensed locksmiths; and
4. Pays the required fee under § 9.1-190.
C. Any person who submits proof to the Board that the person has been actively engaged as a
locksmith in the Commonwealth for at least two consecutive years prior to July 1, 2009, and pays the
required fee for the issuance of a license under subsection B shall be licensed without having to satisfy
the requirements of subdivision B 3. All persons who do not make application to the Board within one
year of July 1, 2009, shall be required to complete all requirements prescribed by the Board and to
otherwise comply with the provisions of this article.
§ 9.1-189. Licensure based on experience; licensure of nonresident; reciprocity.
A. The Board may grant, upon application and payment of proper fees, a license to a person who
resides in the Commonwealth and has at least three years' experience as a licensed locksmith in another
state whose standards of competency are substantially equivalent to those provided in this article.
B. The Board may grant, upon application and payment of proper fees, a license to a nonresident if
the person meets the requirements of this article or the person resides in a state that recognizes licenses
issued by the Board.
§ 9.1-190. Fees.
The Board shall establish fees not to exceed the following amounts:
1. Issuance of a license, $100;
2. Renewal of a license, $100;
3. Examination, $200;
4. Reinstatement, $150; and
5. Late fees, $150.
§ 9.1-191. Issuance, renewal, replacement, and transfer of licenses.
A. The Board shall issue a license, upon payment of the license fee, to any applicant who has
satisfactorily met the requirements of this article as administered by the Board. Licenses shall show the
full name of the person and an identification number and shall be signed by the chair and one other
officer of the Board.
B. All licenses shall expire three years after the date they were issued unless renewed. All
applications for renewal shall be filed with the Board and shall be accompanied by the renewal fee as
required by § 9.1-190. A license that has expired for failure to renew may be reinstated after the
applicant pays the late and reinstatement fees as required by § 9.1-190.
C. The Board shall replace any license that is lost, destroyed, or mutilated subject to regulations
adopted by the Board.
D. A license may not be transferred or assigned.
§ 9.1-192. Photo identification.
Every person licensed under this article shall be issued a photo identification card by the Board. The
card shall display a current photograph of the person and the person's name, address, and telephone
number. The licensee shall have the photo identification card available for inspection while performing
locksmith services.
§ 9.1-193. Posting licenses; advertisements.
A. Every locksmith issued a license under this article shall display the license prominently in the
locksmith's place of business.
B. Every person advertising locksmith services performed by the person shall include in the
advertisement the identification number that is printed on the license issued by the Board.
§ 9.1-194. Responsibilities of employers.
Every licensee under this article shall provide to the Board the names of each person employed by
the licensee who either performs locksmith services or has access to locksmith tools. The licensee shall
notify the Board within 30 days of any change in the information provided pursuant to this section.
§ 9.1-195. Customer identification.
When opening a locked door to any vehicle or residential or commercial property, a licensee shall
make a reasonable effort to verify that the customer is the legal owner of the vehicle or property or is
authorized by the legal owner to gain access to the vehicle or property.
§ 9.1-196. Grounds to refuse, suspend or revoke licenses.
The Board may deny or refuse to renew, suspend, or revoke a license if the licensee or applicant:
1. Gives false information to or withholds information from the Board in procuring or attempting to
procure a license;
2. Has been convicted of or pled guilty or no contest to a crime that indicates that the person is
unfit or incompetent to perform locksmith services, that involves moral turpitude, or that indicates the
person has deceived or defrauded the public;
3. Has demonstrated gross negligence, incompetency, or misconduct in performing locksmith
services; or
4. Has willfully violated any of the provisions of this article.
§ 9.1-197. Exemptions.
The provisions of this article shall not apply to:
1. An employee of a licensed locksmith when acting under the control and supervision of the licensed
locksmith;
2. A person working as an apprentice under the supervision of a licensed locksmith while fulfilling
the requirements for licensure when acting under the control and supervision of the licensed locksmith;
3. A person or business required to be licensed or registered under Article 4 (§ 9.1-138 et seq.) of
this chapter as an alarm respondent when acting within the scope of such license or registration;
4. An employee of a towing service, a repossessor, a taxi cab service, or a motor vehicle dealer as
defined in § 46.2-1500, when opening automotive locks in the normal course of his duties, so long as
the employee does not represent himself or herself as a locksmith;
5. A property owner, or the owner's employee, when providing locksmith services on the property
owner's property, so long as the owner or employee does not represent himself or herself as a
locksmith. For purposes of this subdivision, "property" means, but is not limited to, a hotel, motel,
apartment, condominium, commercial rental property, and residential rental property;
6. A merchant, or retail or hardware store, when it lawfully duplicates keys or installs, services,
repairs, rebuilds, reprograms, rekeys, or maintains locks in the normal course of its business, so long as
the merchant or store does not represent itself as a locksmith;
7. A member of a law-enforcement agency, fire department, or other government agency who, when
acting within the scope and course of the member's employment with the agency or department, opens
locked doors to vehicles, homes, or businesses;
8. A salesperson while demonstrating the use of locksmith tools to persons licensed under this
article;
9. A contractor licensed under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 when acting within the
scope and course of such license;
10. A person or business when lawfully installing or maintaining a safety lock device on wastewater
works or waterworks when the safety lock device is required by permit or requested by the owner of the
wastewater works or waterworks, provided the person or business does not represent itself as a
locksmith. For purposes of this subdivision, "wastewater works" and "waterworks" shall mean the same
as those terms are defined in § 54.1-2300;
11. Any person or firm that sells gun safes or locking devices for firearms when acting within the
scope and course of the sale of gun safes or locking devices for firearms; or
12 A person while performing a locksmith service in an emergency situation without receiving any
compensation for this service and who does not advertise those services.
§ 9.1-198. Injunctions.
In addition to other powers, the Board may apply to the appropriate circuit court for an order
enjoining violations of this article or Board regulations. Upon a showing by the Board that any person
has violated the provisions of this article or Board regulations, the court may grant injunctive relief.
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