dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-41.2. Sharing of information with Virginia Employment Commission upon separation.
The Adjutant General shall, in consultation with the Commissioner of the Virginia Employment Commission, establish a program under which the Department of Military Affairs shall, upon request of a member of the Virginia National Guard, provide information on the member to the Virginia Employment Commission, including (i) the individual's name; (ii) the date, or anticipated date, of the individual's discharge, separation, or release from the Virginia National Guard; (iii) the characterization, or anticipated characterization, of the individual's discharge from the Virginia National Guard; (iv) the individual's level of education; (v) contact information for the individual; (vi) the individual's military job classification and list of military training and certifications; (vii) the individual's civilian skills, training, and certification, as self-selected by the individual; and (viii) the industry, employment sector, profession, or other career classification, as self-identified by the individual, in which the individual will seek employment.

Nothing in this section shall be construed to limit the collection and maintenance of information for records required to be kept by the Virginia Employment Commission pursuant to 16VAC5-32-10 or pursuant to any other regulation adopted in accordance with § 60.2-111.

2014, cc. 42, 302.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-42. Kinds of courts-martial; how constituted and powers.
In the National Guard not in federal service, there shall be special and summary courts-martial, constituted like similar courts of the army and the air force. They shall have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for such courts as are enumerated in the Manual for Courts-Martial United States.

1930, p. 956; Michie Code 1942, § 2673(32); 1976, c. 399; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-43. Repealed.
Repealed by Acts 2011, cc. 572 and 586, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-44. Special courts-martial.
A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or state active duty, the first commanding officer in the rank of colonel or above may convene special courts-martial.

B. A special court-martial may not try a commissioned officer.

C. A special court-martial shall have the authority to impose any of the following fines and penalties:

1. A fine of not more than $1,000;

2. Forfeiture of two-thirds pay per month for six months;

3. A reprimand;

4. Bad Conduct discharge;

5. Restriction to limits;

6. Imposition of extra duty;

7. Confinement for not more than three months;

8. Reduction of enlisted persons one or more pay grades; or

9. Any combination of these punishments.

1930, p. 956; Michie Code 1942, § 2673(34); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-45. Summary courts-martial.
A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or active state duty, the first commanding officer in the rank of lieutenant colonel or above may convene a summary court-martial, consisting of one commissioned officer. Proceedings conducted under the provisions of this section shall be informal.

B. A summary court-martial shall have the authority to impose fines of not more than $500, to impose forfeitures of two-thirds pay for one month, to restrict to limits, to impose extra duty, to require confinement for not more than seven days, and to reduce enlisted persons one or more pay grades.

1930, p. 956; Michie Code 1942, § 2673(35); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-46. Repealed.
Repealed by Acts 1977, c. 74.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-46.1. Military judges.
A military judge shall be a commissioned officer of the National Guard, shall be so assigned as a legal officer, shall be admitted to the practice of law, and shall be certified for such duty by the Adjutant General.

The Adjutant General shall designate a military judge on a case-by-case basis to preside over courts-martial of the Virginia National Guard.

1976, c. 399; 2011, cc. 572, 586.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-47. Process and procedure.
In the Virginia National Guard military judges whenever they sit on a military court, and otherwise presidents of courts-martial and summary court officers, shall have power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue commitments in carrying out sentences of confinement, and to issue subpoenas and subpoenas duces tecum, and to enforce by attachment attendance of witnesses and the production of books and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. They shall also have power to punish for contempt occurring in the presence of the court.

1930, p. 957; Michie Code 1942, § 2673(37); 1976, c. 399; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-48. Review of judgments of courts-martial; procedure.
Judgments of special and summary courts-martial shall be subject to review by the Adjutant General only, except that sentences of Bad Conduct discharge shall also be subject to review by the Governor; and such judgments may be affirmed, set aside or modified; provided, however, no higher or greater sentence, punishment, penalty, fine or forfeiture than that imposed by the court-martial shall be approved; otherwise trials and proceedings, including nonjudicial punishment, pretrial proceedings, post-trial proceedings, search and seizure proceedings and proceedings by all courts and boards, including review proceedings, shall be in accordance with the Manual for Courts-Martial United States, as now existing or subsequently amended, procedure for courts of inquiry, and retiring boards, and other procedures under military law, as may from time to time be prescribed by the appropriate secretary of the respective services.

1930, p. 957; Michie Code 1942, § 2673(38); 1964, c. 227; 1976, c. 399; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-49. Where sentences executed.
All sentences to confinement imposed by any military court of this Commonwealth shall be executed in such penal institutions of the Commonwealth as may be appropriate for similar terms of confinement sentenced for violations of criminal laws of the Commonwealth.

1930, p. 957; Michie Code 1942, § 2673(39); 1958, c. 393; 1964, c. 227; 1976, c. 399.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-5. Exemptions from militia duty.
In addition to those exempted by the laws of the United States, the following persons shall be exempt from military duty under a state call:

1. The officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia;

2. The members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States;

3. Persons in the active military or naval services of the United States;

4. Persons employed by the United States in the transmission of the mail;

5. The judges and clerks of courts of record;

6. The mayor and councilmen of incorporated cities and towns;

7. Members of the governing bodies of counties;

8. Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;

9. Marine pilots;

10. All persons who because of religious belief shall claim exemption from military service, if the conscientious holding of such belief by such person shall be established under such regulations as the President of the United States shall prescribe, shall be exempted from militia service in any capacity that the President shall declare to be combatant; and

11. Such other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth.

1930, p. 949; Michie Code 1942, § 2673(5); 1958, c. 393; 1976, c. 399; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-50. How process and sentence executed.
All processes and sentences of any of the military courts of this Commonwealth shall be executed by any sheriff, deputy sheriff, sergeant, or police officer into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying a prisoner from one county or city in the Commonwealth to another, when the same is authorized and directed by the Adjutant General of the Commonwealth, shall be paid from the military fund of the Commonwealth upon a warrant approved by the Adjutant General.

1930, p. 957; Michie Code 1942, § 2673(40); 1958, c. 393; 1976, c. 399.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-51. Certificates.
Where any sentence to fine or imprisonment shall be imposed by any military court of this Commonwealth, it shall be the duty of the military judge whenever one sits on such court, and otherwise the president of the court or summary court officer, upon the approval of the findings and sentence of such court, to make out and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of sentence, the amount of fine, or manner, place, and duration of confinement, and deliver such certificate to the sheriff, or deputy sheriff, sergeant or police officer of the county, city or town wherein the sentence is to be executed; and it shall thereupon be the duty of such officer to carry such sentence into execution in the manner prescribed by law for the collection of fines or commitments to service of terms of imprisonment in criminal cases determined in the courts of this Commonwealth.

1930, p. 957; Michie Code 1942, § 2673(41); 1958, c. 393; 1976, c. 399.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-52. Repealed.
Repealed by Acts 2011, cc. 572 and 586, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-53. Collection of fines.
For the purpose of collecting any fines or penalties imposed by a court-martial, the military judge whenever one sits on such court, and otherwise the president of the court, or the summary court officer, shall, within fifteen days after the fines or penalties have been imposed and approved, make a list of all the persons fined, describing them distinctly, and showing the sums imposed as fines or penalties on each person, and shall draw his warrant, under his official signature, directed to any marshal of the court, or to the sheriff, sergeant, or any policeman of any city or county, as the case may be, thereby commanding him to levy such fines or penalties, together with the costs, on the goods and chattels of such delinquent, and the warrant shall thereupon have the force and effect of fieri facias, but such delinquent shall not be entitled to the benefit of any exemption law of this Commonwealth, as against such warrant and the lien thereof. In default of sufficient personal property to satisfy the same, the officer executing the same shall make report accordingly to the drawing authority of the warrant which may then require the fined person to show whether or not he possesses sufficient property to satisfy the fine and if such property is found to exist and the fined person fails to deliver it over the executing officer shall be ordered to take the body of the delinquent and convey him to the jail of the city or county in which he may be found, whose jailer shall closely confine him without bail until the fine or penalty and jailer's fees be paid. No such imprisonment shall extend beyond the period of ten days.

1930, p. 958; Michie Code 1942, § 2673(44); 1976, c. 399; 1977, c. 74.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54. Disposition of fines.
All fines imposed by courts-martial or other military courts, whether collected by such courts or by the civil authorities, shall be turned over by the courts or by the civil officer collecting the same to the Adjutant General, who shall keep an accurate account of the same. The Adjutant General, after deducting the costs of holding the courts and the collection of the fines, shall annually turn the balance in to the treasury of the Commonwealth, to be placed to the credit of the Literary Fund.

1930, p. 958; Michie Code 1942, § 2673(43); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.10. Discipline.
All members of the Virginia Defense Force on training duty or state active duty shall be subject to military discipline. Infractions of military discipline by members of the Virginia Defense Force on training duty or state active duty shall be punishable under the provisions of §§ 44-40 and 44-40.01.

1989, c. 414; 2011, cc. 572, 586; 2016, c. 339.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.11. Discharge; dismissal.
Upon expiration of the term of service for which appointed or enlisted, a member of the Virginia Defense Force shall be entitled to a discharge. However, no member shall be discharged by reason of expiration of his term of service while on state active duty.

A member of the Virginia Defense Force may be dismissed or discharged prior to the expiration of his term of service by sentence of a court-martial or for misconduct, inefficiency, unsatisfactory participation, personal hardship or for the convenience of the Commonwealth. Discharge proceedings shall be prescribed by the Adjutant General.

The Adjutant General may prescribe appropriate discharge certificates reflecting the character of the member's service.

1989, c. 414; 2011, cc. 572, 586.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.12. Arms, equipment and facilities.
The Virginia Defense Force, to the extent authorized by the Governor and funded by the General Assembly, shall be equipped as needed for training and for state active duty. The Adjutant General, by regulation or otherwise, may authorize the use of privately owned real and personal property if deemed in the best interest of the Commonwealth.

To the extent permitted by federal law and contracts with the federal government or localities and to the extent that space is available, the Adjutant General in his discretion may authorize the use of armories and other facilities of the National Guard, other state facilities under his control, and all or portions of privately owned facilities under contract for the storage and maintenance of arms, equipment and supplies of the Virginia Defense Force and for the assembly, drill, training and instruction of its members.

Members of the Virginia Defense Force shall not be armed with firearms during the performance of training duty or state active duty, except under circumstances and in instances authorized by the Governor.

1989, c. 414; 2011, cc. 572, 586.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.4. Organization; definitions.
The Virginia Defense Force with a targeted membership of at least 1,200 shall be organized within and subject to the control of the Department of Military Affairs.

When called to state active duty, the mission of the Virginia Defense Force shall be to (i) provide for an adequately trained organized reserve militia to assume control of Virginia National Guard facilities and to secure any federal and state property left in place in the event of the mobilization of the Virginia National Guard, (ii) assist in the mobilization of the Virginia National Guard, (iii) support the Virginia National Guard in providing family assistance to military dependents within the Commonwealth in the event of the mobilization of the Virginia National Guard, and (iv) provide a military force to respond to the call of the Governor in those circumstances described in § 44-75.1.

Nothing in this article shall be construed as authorizing the Virginia Defense Force or any part thereof to be called, ordered or in any manner drafted by federal authorities into the military service of the United States. However, no person by reason of his enlistment or appointment in the Virginia Defense Force shall be exempted from military service under any law of the United States.

Members of the Virginia Defense Force may serve in either of the following duty statuses:

1. "Training duty," which is the normal service and training performed by the Virginia Defense Force in order to be prepared for state active duty, and which includes but is not limited to organization, administration, recruiting, maintenance of equipment, armory drills, annual duty training, and training exercises.

2. "State active duty," which is the performance of actual military service for the Commonwealth when called by the Governor or his designee to active duty in service of the Commonwealth in accordance with Article 7 (§ 44-75.1 et seq.).

"Military duty" and "military service," as used in this title, shall include the activities of the members of the Virginia Defense Force while in training duty and state active duty status.

1989, c. 414; 2011, cc. 572, 586; 2016, c. 614.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.5. Composition of units.
The organization and composition of units and force structure shall be as prescribed by the Adjutant General.

1989, c. 414.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.6. Members, appointment and enlistment.
The age limitations of § 44-1 to the contrary notwithstanding, the Virginia Defense Force shall consist of:

1. Such volunteers who of their own volition agree to service in conformity with regulations prescribed by the Adjutant General who are (i) residents of the Commonwealth or any contiguous state, (ii) at least 16, provided that any volunteer under the age of 18 shall have the written consent of at least one parent or guardian, and (iii) less than 65 years of age may join the Virginia Defense Force, except that the Adjutant General may, on a case-by-case basis, authorize volunteer members of the Virginia Defense Force to be accessed or retained beyond the age of 65 to the age of 75.

2. Such persons of the unorganized militia who may be drafted to fill the force structure of the Virginia Defense Force or who may be ordered out for active duty until released from such service.

The officers of the Virginia Defense Force shall be appointed by the Governor in conformity with regulations prescribed by the Adjutant General.

Enlisted members shall be enlisted and retained in conformity with regulations prescribed by the Adjutant General.

1989, c. 414; 1996, c. 70; 2011, cc. 572, 586; 2020, c. 488.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.7. Regulations.
Recruiting, enlistment, retention, organization, administration, equipment, facilities, training, discipline, discharge, dismissal, wearing of the uniform, appearance and standards of conduct shall be governed by regulations prescribed by the Adjutant General in conformity with this chapter and federal law and regulations pertaining to state defense forces. Such regulations shall, to the extent practicable, be consistent with regulations governing the Army National Guard.

1989, c. 414.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.8. Administration of oaths.
All commissioned officers of the Virginia Defense Force and such other persons or officials as the Adjutant General prescribes are hereby authorized and empowered to administer oaths and affirmations in all matters pertaining to and concerning the Virginia Defense Force, including but not limited to the enlistment of soldiers and the appointment of officers therein.

1989, c. 414; 2011, cc. 572, 586.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-54.9. Uniform; rank in precedence; command.
The Virginia Defense Force shall be uniformed and shall conform to standards of dress and appearance in accordance with regulations prescribed by the Adjutant General. The uniform and insignia of the Virginia Defense Force shall include distinctive devices identifying it as a state defense force and distinguishing it from the National Guard or the armed forces of the United States. The wearing of permanent military decorations awarded in the service of the armed forces of the United States or in the national guards of the several states is authorized.

The grade structure of the Virginia Defense Force, to the extent practicable, shall be the same as that prescribed for the Army National Guard.

1989, c. 414; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-55. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-6. Maintenance of other troops.
In time of peace the Commonwealth shall maintain only such troops as may be authorized by the President of the United States; but nothing in this chapter shall be construed as limiting the rights of the Commonwealth in the use of the Virginia National Guard or Virginia Defense Force within or without its borders in time of peace and nothing contained in this chapter shall prevent the organization and maintenance of State Police or constabulary.

1930, p. 949; Michie Code 1942, § 2673(6); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-67. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-7. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-75. Repealed.
Repealed by Acts 1988, c. 352.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-75.2. Militia training duty.
Subject to the direction and orders of the Governor, the Adjutant General shall provide for the training and administration of the National Guard and the Virginia Defense Force and shall require the members of the National Guard and the Virginia Defense Force to attend such training when scheduled. Members of the National Guard may assist on an unpaid, volunteer basis in the training and administration of the Virginia Defense Force. Whether training in a paid or unpaid status, members of the National Guard and Virginia Defense Force shall at all times be subject to the orders of their respective commanders.

1988, c. 352; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-76. Transportation, equipment and support of militia.
Whenever the Governor shall call forth the militia, whether by virtue of the Constitution or of § 44-75.1, he shall issue such orders and take such measures for procuring and transporting the elements thereof as to him shall seem best; and for their accommodation, equipment and support, he shall appoint such a staff as to him shall seem proper.

1930, p. 962; Michie Code 1942, § 2673(62); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-77. Orders to officers and appointment of rendezvous.
Such orders shall be sent to such officers and in such manner as the Governor may deem expedient, with a notification of the place of rendezvous; and the officers to whom the orders are sent shall proceed immediately to execute the same.

1930, p. 962; Michie Code 1942, § 2673(63).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-78. Repealed.
Repealed by Acts 1988, c. 352.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-78.1. Request for assistance by localities.
In the event of the circumstances described in subdivision A 2, 4 or 5 of § 44-75.1 arise within a county, city or town of the Commonwealth, either the governing body or the chief law-enforcement officer of the county, city or town may call upon the Governor for assistance from the militia. The Governor may call forth the militia or any part thereof to provide such assistance as he may deem proper in responding to such circumstances, but in all instances the militia shall remain subject to military command and not to civilian authorities of the county, city or town receiving assistance.

1988, c. 352.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-79. Repealed.
Repealed by Acts 1988, c. 352.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-8. Governor as Commander in Chief.
The Governor shall be Commander in Chief of the armed forces of the Commonwealth, and shall have power to employ such forces to repel invasion, suppress insurrection, and enforce the execution of the laws.

1930, p. 950; Michie Code 1942, § 2673(8); R. P. 1948, § 44-8; 1958, c. 393; 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-80. Order in which classes of militia called into service.
The National Guard, the Virginia Defense Force, and the unorganized militia or any part thereof may be ordered into service by the Governor in such order as he determines.

1930, p. 963; Michie Code 1942, § 2673(66); 1964, c. 227; 1989, c. 414; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-81. Length of service when called out.
The National Guard, the Virginia Defense Force, or the unorganized militia, when called into service by the Governor, shall serve for such time as, in the Governor's judgment, may be necessary.

1930, p. 963; Michie Code 1942, § 2673(67); 1958, c. 393; 1989, c. 414; 1993, c. 112; 2011, cc. 572, 586; 2015, c. 221.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-82. How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed.
All officers and enlisted personnel of the National Guard or Virginia Defense Force, whenever called out in aid of the civil authorities, shall receive the compensation herein provided, and such compensation, and the necessary expenses incurred in furnishing supplies, subsistence, quartering, and transporting troops, shall be paid no later than 10 work days after the receipt of required payroll documentation by the Payroll Services Bureau of the Department of Accounts by the State Treasurer. Such payments shall be made on warrants to be drawn by the Comptroller, on the State Treasurer, upon certificates of the officer in actual command of the troops, and upon payrolls prepared according to such forms as the state regulations shall prescribe. Such payrolls and certificates are to be transmitted to the Adjutant General through the regular military channels, and he shall approve them before such warrants shall be drawn. The Comptroller and the State Treasurer are hereby authorized and directed to draw the warrants and make the payments herein provided for in accordance with current or subsequently amended pay and allowances of United States armed forces.

The several transportation companies in this Commonwealth shall furnish transportation for troops so called out, stores, munitions and equipments, upon application of the officer in actual command, accompanied by a certificate from him of the number of personnel to be carried and their destination, and a copy of the order calling them out. For such transportation the transportation company shall be entitled to receive compensation from the Commonwealth.

Transportation of troops and military supplies shall be as speedy as possible and have the right-of-way over all passenger and freight traffic on transportation lines within the Commonwealth, and failure to furnish transportation when called upon, or unnecessary delay in transporting such troops and supplies, shall be punishable by a fine of not less than $1,000 or more than $10,000.

1930, p. 963; Michie Code 1942, § 2673(68); 1958, c. 393; 1973, c. 401; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-83. Pay and allowance of members.
Notwithstanding any other provision of law, when called into state active duty, not in the service of the United States, members of the National Guard and members of the Virginia Defense Force shall receive pay and allowances equal to their rank and years of service, as determined by the Department of Military Affairs. The Adjutant General may increase state active duty pay on an annual basis by a rate not to exceed the most recent percentage increase in basic pay for members of the Armed Forces.

1930, p. 964; Michie Code 1942, § 2673(69); 1958, c. 393; 1988, c. 352; 2011, cc. 572, 586; 2016, c. 341; 2020, c. 832.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-84. Regulations enforced on actual service.
Whenever any portion of the militia shall be called into service to execute the law, suppress riot or insurrection, or to repel invasion, the military justice opinions as set forth in Article 4 (§ 44-42 et seq.) of this chapter, and the regulations prescribed for the National Guard of the United States, and the regulations issued thereunder, shall be enforced and regarded as a part of this chapter until such forces shall be duly relieved from such duty.

1930, p. 964; Michie Code 1942, § 2673(70); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-85. Regulations and penalties.
Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard.

1930, p. 965; Michie Code 1942, § 2673(71); 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-86. When ordered out for service.
The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.

1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-87. Manner of ordering out for service.
The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft.

1930, p. 965; Michie Code 1942, § 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-88. Incorporation into the Virginia Defense Force.
Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service.

1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. 572, 586.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-89. Draft of unorganized militia.
If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same.

1930, p. 965; Michie Code 1942, § 2673(74).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-9. Commander in Chief to prescribe regulations.
The Commander in Chief shall have the power, and it shall be his duty, from time to time, to issue such orders and to prescribe such regulations relating to the organization of the armed forces of the Commonwealth as will cause the same at all times to conform to the federal requirements of the United States government relating thereto.

1930, p. 950; Michie Code 1942, § 2673(9); R. P. 1948, § 44-9; 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-9.1. Censorship of certain sermons prohibited.
Notwithstanding any contrary provisions of law, the religious content of sermons, homilies, preaching, religious messages, or other speeches within religious services made by chaplains of the Virginia National Guard while in Title 32 or State Active Duty status or of the Virginia Defense Force shall not be censored or restricted by any state government official or agency, so long as (i) the religious content offered is not in any way a precursor of, introduction to, or part of any official ceremony, gathering, or formation that is not part of the religious service; (ii) the content does not urge disobedience of lawful orders; and (iii) members of the National Guard or Defense Force are not required to attend the service or event where such content is delivered.

2015, c. 283.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-90. Punishment for failure to appear.
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct.

1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-91. Repealed.
Repealed by Acts 1958, c. 393.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-93.1. Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions.
A. In addition to the paid military leave provisions of § 44-93, the Commonwealth or any political subdivision of the Commonwealth may supplement the military pay of its officers and employees who are reservists or national guard members called to federally funded military duty in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to federally funded military duty. The employer may also, in its discretion, continue to provide any health insurance and other existing benefits to such officers and employees.

B. In addition to any other benefit provided by law, if an employee of the Commonwealth or of any political subdivision has been called to federal active duty services under Title 10 of the United States Code, the Commonwealth shall provide an additional death benefit in the amount of $20,000 to be paid if the employee is killed in action in any armed conflict while serving with any reserve component of the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard or with any unit of these respective services of the United States.

2002, c. 354; 2005, cc. 907, 910; 2024, c. 817.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-93.2. Leaves of absence from nongovernmental employment.
A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who is otherwise employed in the Commonwealth, called to state active duty or military duty pursuant to Title 32 of the United States Code shall have the right to take leave without pay from his nongovernmental employment. No member of the National Guard or Virginia Defense Force, or person who is a member of the National Guard of another state, shall be forced to use or exhaust his vacation or other accrued leaves from his nongovernmental employment for a period of active service. The choice of leave shall be solely within the discretion of the member.

2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-93.3. Reemployment rights.
Upon honorable release from state active duty or military duty pursuant to Title 32 of the United States Code, a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who was previously employed in the Commonwealth, shall make written application to his previous employer for reemployment within (i) 14 days of his release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services does not exceed 180 days or (ii) 90 days of his release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services exceeds 180 days. When released from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This section shall not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.

2002, c. 354; 2007, cc. 167, 214; 2010, c. 253; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-93.4. Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited.
A. A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation.

B. A person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth in violation of this section if the member's membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person's action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service, or obligation for service.

2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-93.5. Penalties for denial.
If any employer fails or refuses to comply with the provisions of §§ 44-93, 44-93.2, 44-93.3 and 44-93.4, the circuit court having jurisdiction over the employer's place of business may, upon the filing of a motion, petition, or other appropriate pleading by the employee, require the employer to comply with §§ 44-93, 44-93.2, 44-93.3 and 44-93.4 and to compensate the employee for any loss of wages or benefits and reasonable attorney fees and costs incurred by reason of the employer's unlawful failure or refusal. Upon request of the affected employee, the Attorney General may represent personally or through one of his assistants, such employee denied the benefits of §§ 44-93, 44-93.2, 44-93.3 and 44-93.4 while in the performance of state active duty.

2002, c. 354; 2004, c. 147; 2007, cc. 167, 214.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-94. Exemption from jury duty.
The active officers and members of the National Guard shall be exempt from serving on juries in civil and criminal cases upon presentation to the clerk of the court of a certificate of such membership signed by the commanding officer of the unit of which the person summoned for jury service is a member.

1930, p. 966; Michie Code 1942, § 2673(79); 2015, c. 221.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-95. Repealed.
Repealed by Acts 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-96. Military property exempt from levy and sale.
The uniforms, arms, and equipment required by law or regulations of every commissioned and warrant officer and every enlisted person of the Virginia National Guard and Virginia Defense Force shall be exempt from sale under any execution, distress, or other process for debt and taxes.

1930, p. 966; Michie Code 1942, § 2673(81); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-97. Exemption from arrest.
No person belonging to the Virginia National Guard or Virginia Defense Force shall be arrested on any process issued by or from any civil officer or court, except in cases of felony or breach of the peace, while going to, remaining at or returning from any place at which he may be required to attend for military duty; nor in any case whatsoever while actually engaged in the performance of his military duties, except with the consent of his commanding officer.

1930, p. 966; Michie Code 1942, § 2673(82); 1984, c. 765; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-97.1. Continuance or time for filing pleading, etc., where party or attorney is on active duty.
Any party to or attorney in an action or proceeding in any court, including the Supreme Court of Virginia, commission, or other tribunal having judicial or quasi-judicial powers or jurisdiction who has been ordered to participate in state active duty, annual active duty for training, or temporary active duty in the reserve forces of any of the armed services of the United States or National Guard shall be entitled to a continuance, not to exceed three weeks, as a matter of right during the period of such duty, provided the continuance is requested at least four days prior to the first day for which the continuance is sought. The period required by any statute or rule for the filing of any pleading or the performance of any act relating thereto shall be extended for seven days after such active duty, provided a request is made four days prior to the date the pleading or act is due. The failure of any court, commission, or other tribunal to allow such continuance when requested to do so or the returning of such filing or act during the period hereinabove specified shall constitute reversible error. This section shall not prevent the granting of temporary injunctive relief or the dissolution or extension of a temporary injunction, but the right to such relief shall remain in the sound discretion of the court or other such tribunal.

1981, c. 288; 1990, c. 790; 2011, cc. 572, 586; 2015, c. 221.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-98. Interference with employment of members of Virginia National Guard or Virginia Defense Force.
A person who, either by himself or with another, deprives a member of the Virginia National Guard or Virginia Defense Force of his employment, or prevents, by himself or another, such member being employed, or obstructs or annoys such member or his employer at his trade, business, or employment, because such member of such organization is such member, or dissuades any person from enlistment in the Virginia National Guard or Virginia Defense Force by threat or injury to him in his trade, business, or employment in case he shall so enlist, shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not exceeding $500, or imprisonment in jail not more than 30 days, or shall suffer both fine and imprisonment.

1930, p. 967; Michie Code 1942, § 2673(83); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-99. Organizations may own property; suits.
Companies or other organizations of the Virginia National Guard and Virginia Defense Force shall have the right to own and keep real and personal property necessary for their use, which shall belong to and be under control of the active members of the unit; and the commanding officer of any unit shall have the right and power to maintain any suit, in his own name, to recover for the use of the unit any debts or effects belonging to the unit, or damages for the injury thereof; and no suit pending in his name shall be abated by his ceasing to be the commanding officer of the unit; but upon motion of the commander succeeding him, such commander shall be admitted to prosecute the suit in like manner and with like effect as if it had been originally instituted by him. Armories owned by such units shall be exempt from all state, county and municipal taxation.

1930, p. 967; Michie Code 1942, § 2673(84); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.