reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-54.3. Members of National Guard deemed to be in state service when engaged pursuant to compact

In accordance with Article III (h) of the compact, members of the National Guard forces of this Commonwealth shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided pursuant to this title as amended.
1968, c. 36.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-93. Leaves of absence for employees of Commonwealth or political subdivisions

A. All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of § 44-75.1 or § 44-78.1.
There shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty.
When relieved 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 in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.
For the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays on five or more days of each calendar week, the term "workday" shall mean 1/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee's scheduled work shift, the employee shall receive paid military leave to the extent of such overlap.
B. In addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.
1930, p. 966; Michie Code 1942, § 2673(78); 1958, c. 393; 1964, c. 227; 1966, c. 295; 1968, c. 503; 1983, c. 590; 1984, c. 540; 1985, c. 103; 1986, c. 611; 1989, cc. 414, 474; 1991, c. 653; 2002, cc. 212, 354; 2006, c. 621; 2015, c. 221; 2022, c. 430.
2023 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, or Coast Guard or with any unit of these respective services of the United States.
2002, c. 354; 2005, cc. 907, 910.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-100. No action allowed on account of military duties; counsel for members sued or prosecuted

No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence, or the imposition or collection of fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court, nor shall any member of the Virginia National Guard or Virginia Defense Force be liable to civil action or suit or criminal prosecution for any act done while in the discharge of his military duty.
If any member of the Virginia National Guard or Virginia Defense Force is sued civilly or arrested, indicted, or otherwise prosecuted for any act committed in the discharge of his official duty while on state duty, the Adjutant General may employ special counsel approved by the Attorney General to defend such member. The compensation for special counsel employed pursuant to this section shall, subject to the approval by the Attorney General, be paid out of the funds appropriated for the administration of the Department of Military Affairs.
1930, p. 967; Michie Code 1942, § 2673(85); 1972, c. 416; 1973, c. 401; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-102. Commission not to vacate civil office

Any citizen of the Commonwealth may accept and hold a commission in the Virginia National Guard and receive pay therefrom or a commission in the Virginia Defense Force or armed forces reserve of the United States, without thereby vacating any civil office or position or commission held by him; and the acceptance or holding of any such commission, and receiving pay therefrom shall not constitute such holding of an office of trust and profit under the government of the Commonwealth and of the United States as shall be incompatible with the holding of any civil office, legislative or judicial, or position or commission under the government of the Commonwealth.
1930, p. 968; Michie Code 1942, § 2673(87); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-102.1. Rights, benefits and protections upon call to active duty; contract termination

A. Any right, benefit, or protection that may accrue to a member of the Virginia National Guard under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), as a result of a call to federal active duty service under Title 10 of the United States Code shall be extended to a member of the Virginia National Guard called to active duty service under Title 32 of the United States Code, or to state active duty by the Governor, if the active duty orders are for a period of 30 consecutive days or more. In addition, if a member of the Virginia National Guard is called to state active duty by the Governor, the employer shall ensure that the member has the option of continuing, at the member's expense, his health care coverage, life insurance, or long-term care insurance.
B. Any member of the United States Armed Forces or Virginia National Guard who receives permanent change of station orders or has received temporary duty orders in excess of three months' duration, his spouse, or his dependent may, at any time prior to the conclusion of his period of service, terminate without penalty a contract for the following services:
1. Telecommunications services;
2. Internet services;
3. Television services;
4. Athletic club or gym memberships;
5. Satellite radio services; or
6. Service for an alarm system as defined in § 15.2-911.
It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a service provider to fail to comply with the provisions of this subsection.
2003, c. 769; 2010, cc. 811, 861; 2011, cc. 572, 586; 2017, c. 293.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums

A. As used in this section:
"Department" means the Department of Military Affairs.
"Service member" means a member of the Virginia National Guard or the Virginia Defense Force.
"State of emergency" has the same meaning as provided in § 44-146.16.
B. If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member's health care coverage previously paid by the service member's employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member's health care coverage, and (iii) as a result of the service member's state active duty status, the employer is no longer paying such premium.
C. Any payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member's employer from day 15 of the service member's state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.
D. The Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.
E. The Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.
F. On or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.
G. Nothing in this section shall create a legal cause of action against the Commonwealth or the Department.
2022, cc. 372, 373.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-102.2. Virginia Military Family Relief Fund established

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Military Family Relief Fund (the Fund). The Fund shall be established on the books of the Comptroller and administered by the Office of the Adjutant General for the purposes set forth herein. All moneys as may be appropriated by the General Assembly, private gifts, grants, or donations contributed to the Fund, and revenues received by the Commonwealth for the Fund pursuant to § 58.1-344.3 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of assisting members of the Virginia National Guard and Virginia residents who are members of the reserves of the armed forces of the United States who have been called to extended federal active duty for periods in excess of 90 days and missions in support of Virginia civil authorities, including state active duty and federal defense support to civil authority missions, for periods in excess of 30 days, and their families, with living expenses including, but not limited to food, housing, utilities, and medical services. Assistance may be provided from the Fund from the date of entry into active duty until 180 days after release from active duty. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Adjutant General.
B. The Adjutant General shall submit an annual report to the Governor and the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the General Assembly. The report shall detail:
1. The expenditures of the Fund, including the amount of awards provided from the Fund to each branch of service, the amount of individual and family assistance provided, the qualifications of the recipients, and the balance available in the Fund for future disbursements; and
2. The name, address, rank, branch of service, deployment location, and amount of financial assistance provided to each recipient. The information provided under this subdivision that identifies a recipient or members of the recipient's family or the deployment location of any member of the Virginia National Guard or the reserves of the armed forces of the United States shall be confidential and shall not be subject to public disclosure.
2006, cc. 103, 479; 2007, cc. 73, 911; 2015, c. 320.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-103. Deposit in armories or headquarters for safekeeping

All arms, equipment and ordnance stores, which shall be furnished to the several commands under the provisions of this chapter, shall be deposited in the armories or headquarters of such commands for safekeeping.
1930, p. 968; Michie Code 1942, § 2673(88).
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-104. Care required and liability of officers

All commissioned officers of the Virginia National Guard and Virginia Defense Force shall exercise the strictest care and vigilance for the preservation of the uniforms, arms, supplies, equipment and military property furnished to their several commands under the provisions of this chapter. Any officer receiving public property for military use shall be responsible for the articles so received by him; and he shall not transfer such property, or any portion thereof, to another, either as a loan or permanently, without the authority of the Adjutant General, or his duly authorized representative.
1930, p. 968; Michie Code 1942, § 2673(89); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-106. Upon disbandment of organization, or call into active federal service, commanding officer to return certain property to Adjutant General

Upon the disbandment of any organization, or call into active federal service of such organization, which has received arms, supplies or equipment from the Adjutant General, in accordance with the provisions of this chapter, the commanding officer of such organization shall be responsible for the safe return to the custody of the Adjutant General of all such public property in possession of the organization, except for such federally owned property that may be required by federal law to be retained by such organization in the federal service.
1930, p. 968; Michie Code 1942, § 2673(91); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-108. Officers and enlisted persons personally liable for military property

Every officer and enlisted person to whom any article of military property is delivered in pursuance of the provisions of this chapter shall be held personally responsible for its care, safekeeping, and return. He shall use the same for military purposes only, and upon receiving a discharge, or otherwise leaving the military service, or upon demand of his commanding officer or the Adjutant General, shall forthwith surrender and deliver such property in as good order and condition as the same was at the time he received it, reasonable fair wear and tear excepted. As insurance for compliance with the provisions of this chapter, the Adjutant General may require the bonding of any or all such officers or enlisted persons in an amount that he may deem appropriate, commensurate with the responsibilities of such officers or enlisted persons. The cost of such bonds shall be borne from funds appropriated for the operation of the Department of Military Affairs, and shall be without cost to the individual officer and/or enlisted person bonded.
1930, p. 969; Michie Code 1942, § 2673(93); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-109. Punishment for injuries to military property

Whoever shall willfully or maliciously destroy, injure, or deface any arms or articles of military property belonging to the United States or to the Commonwealth, or receive any property in violation of the preceding sections of this chapter, shall be deemed guilty of a misdemeanor and be fined not exceeding double the amount of the value of the property so injured or defaced, or, in the discretion of the jury, be imprisoned in jail not less than two weeks nor more than two months.
1930, p. 969; Michie Code 1942, § 2673(94).
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-110. Punishment for sale, etc., of military property

Whoever shall secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or receive in pawn or pledge, buy, or intentionally fail to return after having been legally discharged from the National Guard any of the arms, uniforms, or equipments, being the property of the United States or of the Commonwealth, knowing or having reason to believe the same to be the property of the United States or the Commonwealth, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned in jail for not less than six months nor more than one year, or in the discretion of the jury or judge, be fined not less than $50 nor more than $1,000.
1930, p. 969; Michie Code 1942, § 2673(95); 2011, cc. 572, 586.