On March 23, 2023, SB 1046 was enacted (2023 Va. Acts Ch. 672). The bill would have amended the definition of “law-enforcement officer" in the Code of Virginia § 9.1-101 to include fire marshals who have been appointed with police powers. This definition of law enforcement officer is used throughout the Code of Virginia. SB1046 contained a reenactment clause requiring that its provisions adding certain fire marshals to the definition of law-enforcement officer would not become effective unless reenacted during the 2024 Session of the General Assembly.

The bill also directs the Virginia Department of Criminal Justice Services (DCJS) to convene a work group comprised of various stakeholders within the criminal justice and fire service communities to examine and make recommendations on the inclusion of fire marshals with police powers and duties in the definition of a law-enforcement officer. The bill provides that the working group shall complete its work and submit findings and recommendations to the General Assembly no later than November 1, 2023.