State Codes and Statutes

Statutes > Virginia > Title-42-1 > Chapter-5 > 42-1-73-1

§ 42.1-73.1. Exemption from liability for arrest of suspected person;electronic article surveillance devices.

A library or agent or employee of the library causing the arrest of anyperson pursuant to the provisions of § 42.1-73, shall not be held civillyliable for unlawful detention, slander, malicious prosecution, falseimprisonment, false arrest, or assault and battery of the person so arrested,whether such arrest takes place on the premises of the library or after closepursuit from such premises by such agent or employee, if, in causing thearrest of such person, the library or agent or employee of the library had atthe time of such arrest probable cause to believe that the person committedwillful concealment of books or other library property.

The activation of an electronic article surveillance device as a result of aperson exiting the premises or an area within the premises of a library wherean electronic article surveillance device is located shall constituteprobable cause for the detention of such person by such library or agent oremployee of the library, provided that such person is detained only in areasonable manner and only for such time as is necessary for an inquiry intothe circumstances surrounding the activation of the device, and provided thatclear and visible notice is posted at each exit and location within thepremises where such device is located indicating the presence of ananti-theft device. For purposes of this section, "electronic articlesurveillance device" means an electronic device designed and operated forthe purpose of detecting the removal from the premises or a protected areawithin such premises, of any specially marked or tagged book or other libraryproperty.

(1975, c. 318; 1986, c. 33.)

State Codes and Statutes

Statutes > Virginia > Title-42-1 > Chapter-5 > 42-1-73-1

§ 42.1-73.1. Exemption from liability for arrest of suspected person;electronic article surveillance devices.

A library or agent or employee of the library causing the arrest of anyperson pursuant to the provisions of § 42.1-73, shall not be held civillyliable for unlawful detention, slander, malicious prosecution, falseimprisonment, false arrest, or assault and battery of the person so arrested,whether such arrest takes place on the premises of the library or after closepursuit from such premises by such agent or employee, if, in causing thearrest of such person, the library or agent or employee of the library had atthe time of such arrest probable cause to believe that the person committedwillful concealment of books or other library property.

The activation of an electronic article surveillance device as a result of aperson exiting the premises or an area within the premises of a library wherean electronic article surveillance device is located shall constituteprobable cause for the detention of such person by such library or agent oremployee of the library, provided that such person is detained only in areasonable manner and only for such time as is necessary for an inquiry intothe circumstances surrounding the activation of the device, and provided thatclear and visible notice is posted at each exit and location within thepremises where such device is located indicating the presence of ananti-theft device. For purposes of this section, "electronic articlesurveillance device" means an electronic device designed and operated forthe purpose of detecting the removal from the premises or a protected areawithin such premises, of any specially marked or tagged book or other libraryproperty.

(1975, c. 318; 1986, c. 33.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-42-1 > Chapter-5 > 42-1-73-1

§ 42.1-73.1. Exemption from liability for arrest of suspected person;electronic article surveillance devices.

A library or agent or employee of the library causing the arrest of anyperson pursuant to the provisions of § 42.1-73, shall not be held civillyliable for unlawful detention, slander, malicious prosecution, falseimprisonment, false arrest, or assault and battery of the person so arrested,whether such arrest takes place on the premises of the library or after closepursuit from such premises by such agent or employee, if, in causing thearrest of such person, the library or agent or employee of the library had atthe time of such arrest probable cause to believe that the person committedwillful concealment of books or other library property.

The activation of an electronic article surveillance device as a result of aperson exiting the premises or an area within the premises of a library wherean electronic article surveillance device is located shall constituteprobable cause for the detention of such person by such library or agent oremployee of the library, provided that such person is detained only in areasonable manner and only for such time as is necessary for an inquiry intothe circumstances surrounding the activation of the device, and provided thatclear and visible notice is posted at each exit and location within thepremises where such device is located indicating the presence of ananti-theft device. For purposes of this section, "electronic articlesurveillance device" means an electronic device designed and operated forthe purpose of detecting the removal from the premises or a protected areawithin such premises, of any specially marked or tagged book or other libraryproperty.

(1975, c. 318; 1986, c. 33.)