Be it enacted by the General Assembly of Virginia:

1. That § 19.2-63.1 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-63.1. Supervision and control of devices; unauthorized possession.

Any electronic, mechanical or other device as defined in this chapter which is in the possession of any sheriff's office or police department of a county, city or town, or in the possession of any employee of such office, shall be under the [ direct ] control and supervision of the sheriff or chief of police of the office or department [ or his designee ] . Unauthorized possession of any such device under the provisions of this section by any such employee is unlawful, notwithstanding the provisions of subdivision B 2 of § 19.2-63, and a Class 1 misdemeanor.