reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 9 - Release of Liens › § 43-71. Release of mechanic's lien upon payment into court or filing bond before suit

At any time after the perfecting of any such lien and before a suit be brought for the enforcement thereof, the owner of the property affected thereby, the general contractor or other parties in interest may, after five days' notice to the lienor, apply to the court having jurisdiction of a suit for the enforcement of such lien, or to the judge thereof in vacation, for permission to make such payment into court, or to file such bond, as prescribed in § 43-70, which permission, in either such event, shall be granted by such court, or judge, unless good cause be shown against the same by some party in interest. Upon the granting of such permission, and the payment of such money into court, or the filing of such bond, as the case may be, the property affected thereby shall stand released from such lien.
Such money, or bond, as the case may be, shall be held under the control of the court and shall be subject to the final judgment of the court adjudicating the lien or liens to be valid and determining the amount for which the same would have been enforceable against the real estate in any suit or action thereafter brought for the ascertainment of the rights of the parties in interest, with respect hereto, or, shall be paid out and disposed of as the parties in interest may direct, in the event the matters in controversy with respect thereto be settled and adjusted between the parties without suit or action.
The sureties on any such bond, which may be involved in any suit or action brought under the provisions of this section, shall be made parties to such suit or action.
1936, p. 493; Michie Code 1942, § 6437b; 1962, c. 166; 1976, c. 390; 1992, c. 532.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-1. Composition of militia

The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.
1930, p. 948; 1942, p. 642; Michie Code 1942, § 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399; 1979, c. 647; 1984, c. 765; 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 › § 44-2. Composition of National Guard

A. The National Guard shall consist of the regularly enlisted militia and of commissioned and warrant officers, who shall be residents of the Commonwealth of Virginia and shall fall within the age limits and qualifications as prescribed in existing or subsequently amended National Guard regulations (army and air), organized, armed and equipped as hereinafter provided. Upon original enlistment members of the National Guard shall not be less than 17 nor more than 55 years of age, or, in subsequent enlistments not more than 64 years of age.
B. Notwithstanding the above, persons otherwise qualified but residing outside the Commonwealth of Virginia, may enlist or serve as commissioned or warrant officers in the National Guard.
1930, p. 948; Michie Code 1942, § 2673(2); 1958, c. 393; 1976, c. 399; 1979, c. 647; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-4. Composition of unorganized militia

The unorganized militia shall consist of all able-bodied persons as set out in § 44-1, except such as may be included in §§ 44-2 and 44-54.6 and except such as may be exempted as hereinafter provided.
1930, p. 949; Michie Code 1942, § 2673(4); 1970, c. 662; 1973, c. 401; 1984, c. 765; 2015, c. 221.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-10. Divisions of military staff

The military staff shall be divided into (a) the personal staff of the Governor and (b) the administrative staff.
The personal staff of the Governor shall be constituted as now prescribed by law.
The administrative staff shall be as is authorized by the Secretary of Defense of the United States and shall perform such duties as the commander in chief may direct.
1930, p. 950; Michie Code 1942, § 2673(10); R. P. 1948, § 44-10; 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-11. Department of Military Affairs; Adjutant General

There is hereby created the Department of Military Affairs to which is transferred all of the functions, powers and duties of the former Division of Military Affairs.
The Governor shall appoint an Adjutant General with the rank of brigadier general, major general or lieutenant general as the Governor may prescribe, subject to confirmation by the General Assembly if in session, and if not in session, then at its next succeeding session. The Adjutant General shall not hold the rank of lieutenant general unless such rank is federally recognized. The Adjutant General shall be in direct charge of the Department of Military Affairs and shall be responsible to the Governor and commander in chief for the proper performance of his duties. All the powers conferred and the duties imposed by law upon the Adjutant General shall be exercised or performed by him under the direction and control of the Governor. The Adjutant General shall serve at the pleasure of the Governor for a term coincident with that of the Governor. No person shall be appointed Adjutant General who shall not have had at least ten years' commissioned service in the Virginia National Guard in at least field grade. The Adjutant General, while serving as such, may be a member of the Virginia National Guard.
The Adjutant General shall receive a salary prescribed by law.
1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(12); 1948, p. 48; R. P. 1948, § 44-11; 1964, c. 227.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-11.1. Duties of the Department of Military Affairs

A. The Department of Military Affairs shall support the objectives of the Governor and federal authorities by:
1. Administering and employing the Virginia Militia, as set forth in § 44-1;
2. Integrating into state operations all supporting Department of Defense capabilities and those forces provided by supporting states in a Title 32 or State Active Duty status;
3. Providing for the safety of citizens of the Commonwealth by maintaining order and public safety and assisting in counter-drug efforts, in cooperation with Virginia State Police and local law-enforcement agencies;
4. Preparing and executing contingency plans to provide for a timely and capable response to chemical, biological, radiological, nuclear, or explosive incidents;
5. Preparing and executing contingency plans necessary for the provision of homeland defense;
6. Ensuring the support to families of service members of the Virginia National Guard;
7. Administering a state at-risk program for youth; and
8. Recruiting a force sufficiently manned and trained to accomplish the above duties.
B. The Department of Military Affairs shall perform such other duties as may be designated by the Governor.
2007, cc. 127, 728.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-13. Powers of Adjutant General

As head of the Department of Military Affairs, the Adjutant General shall have command of all of the militia of the Commonwealth, subject to the orders of the Governor as Commander in Chief, and shall distribute all orders from the Governor pertaining to the military service and shall perform all duties imposed upon him or that Department by this title in the manner prescribed by law.
1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(13); R. P. 1948, § 44-13; 1958, c. 393; 1989, c. 414.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-13.1. Virginia National Guard Morale, Welfare, and Recreation Program established

The Adjutant General is authorized to establish a Virginia National Guard Morale, Welfare, and Recreation Program (the MWR Program) to provide leisure, recreation, and lodging opportunities for Virginia National Guard members and their families, Virginia Defense Force members and their families, employees of the Department of Military Affairs and their families, and other users of Department facilities as authorized by the Adjutant General.
2016, c. 622.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-13.2. Administration of the MWR Program

The Adjutant General may authorize the MWR Program to (i) contract for goods and services; (ii) hire employees; and (iii) receive funds from patrons in exchange for goods or services provided within the MWR Program. The Adjutant General is authorized to establish MWR Program facilities throughout the Commonwealth that, in the Adjutant General's judgment, are necessary for military purposes. The Adjutant General shall promulgate regulations to govern the operation of the MWR Program. The Adjutant General may appoint a director for the MWR Program. The Adjutant General shall establish a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the MWR Program's operations.
2016, c. 622.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-13.3. Virginia National Guard MWR Fund

There is created within the state treasury a special nonreverting fund to be known as the Virginia National Guard MWR Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All (i) proceeds collected under the MWR Program and (ii) donations made to the Virginia National Guard MWR Program 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 from the Fund shall be used for the enhancement of morale, welfare, and recreation and the administration of the MWR Program, including paying the costs of (a) salaries of MWR Program employees; (b) public liability insurance, when needed; (c) infrastructure improvements on military property used in support of the MWR Program; and (d) any other expenses considered necessary in furtherance of the MWR Program by the Adjutant General. 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.
2016, c. 622.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-14. Expenditures for Department

All payments and disbursements payable out of the appropriation to the Department of Military Affairs shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by the Adjutant General or such person as the Adjutant General may designate for such purpose. Expenditures not specifically provided for but manifestly for the benefit of the military service may be made by the Adjutant General with the written approval of the Governor.
1930, p. 950; Michie Code 1942, § 2673(11); 1944, p. 24; R. P. 1948, § 44-13; 2004, c. 12.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-15. Reports to Secretary of Defense

The Adjutant General shall make such returns and reports to the Secretary of Defense, or to such officers as he may designate, at such times and in such form as may from time to time be prescribed.
1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-14; 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-16. Records of Adjutant General

The Adjutant General shall keep a record of all officers and enlisted personnel, and shall also keep all records and papers required by law or regulations to be filed therein.
1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-15; 1970, c. 662; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-17. Regulations as to reports and care of property

The Adjutant General is empowered to make such regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in his opinion the conditions demand, such regulations to be operative and in force when promulgated in the form of general orders, circulars, circular letters, or other regulations and documents.
1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-17; 1964, c. 227.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-19. Adjutant General to have charge of military property

The Adjutant General shall have charge and care of all state military property and all United States military property issued to the Commonwealth of Virginia, and shall cause to be kept an accurate and careful account of all receipts and issues of the same. He shall require to be kept careful memoranda of all public military property on hand in the state arsenal or storehouses, and in the possession of the several organizations of the Virginia National Guard or issued to the Virginia Defense Force, and shall guard such property against injury and loss to the extent of his ability. He shall require every accountable and responsible officer of the National Guard to account for every deficiency in public military property in his possession immediately after such deficiency is discovered. The Adjutant General shall have the care and control of the state military reservation near Virginia Beach, and of such other real estate as the Commonwealth may acquire for military purposes, and it shall be the duty of the Adjutant General to provide for the proper care of such property and buildings thereon. For the maintenance, upkeep and improvement of the military reservation or reservations, the Adjutant General may expend from the appropriation to the Department of Military Affairs such amounts as may be necessary.
1930, pp. 950, 952; Michie Code 1942, §§ 2673(11), 2673(13); 1944, p. 24; R. P. 1948, § 44-19; 1958, c. 393; 1989, c. 414; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-20. Deputy Adjutant General (Army and Air) and Assistant Adjutant General (Army); assistants and clerical forces of Adjutant General

The Adjutant General shall have a Deputy Adjutant General (Air), a Deputy Adjutant General (Army) and an Assistant Adjutant General (Army) whose grades shall not exceed that of brigadier general and he shall have other assistants and such clerical forces as may be necessary who shall serve at the pleasure of the Adjutant General, subject to the provisions of general law, and shall perform such duties as he may assign them. The Adjutant General shall have such other clerks and employees as may be necessary for the administration of his office.
1930, p. 952; Michie Code 1942, § 2673(13); R.P. 1948, § 44-20; 1964, c. 227; 1979, c. 504; 1983, c. 74.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-21. Bonds of Adjutant General and fiscal clerks

The Adjutant General and his fiscal clerks shall be bonded in accordance with § 2.2-1840.
1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-21; 1964, c. 227; 2011, cc. 572, 586; 2021, Sp. Sess. I, c. 152.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-22. Auditing accounts of Adjutant General

The office and accounts of the Adjutant General pertaining to the Commonwealth of Virginia shall be audited by the direction of the Governor in the same manner as the office and accounts of other state officers are audited, as provided by law.
1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-22.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-24. United States Property and Fiscal Officer

The Governor shall appoint, designate or detail, subject to the approval of the Secretary of Defense, an officer of the National Guard of the Commonwealth to serve as a United States Property and Fiscal Officer. Any officer of the National Guard who has been so appointed and is serving as United States Property and Fiscal Officer, may be removed for just cause by the Governor with the approval of the Secretary of Defense. The Adjutant General is hereby declared ineligible to serve as United States Property and Fiscal Officer. The duties and remuneration of said United States Property and Fiscal Officer shall be such as are prescribed by existing or subsequently amended regulations of the armed forces of the United States.
1930, p. 952; Michie Code 1942, § 2673(14); R. P. 1948, § 44-24; 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-25. Organization; composition of units

Except as otherwise specifically provided by the laws of the United States, the organization of the National Guard, including the composition of all units thereof, shall be the same as that prescribed for the active army, air force and navy, subject in time of peace to such general exceptions as may be authorized by the Secretary of Defense.
1930, p. 952; Michie Code 1942, § 2673(15); 1958, c. 393; 1964, c. 227.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-27. Appointment and promotion of officers

All officers of the National Guard shall be appointed and commissioned by the Governor, through the Adjutant General.
Within the organization, insofar as practicable, all appointments and promotions shall be based on professional qualifications, efficiency, length of service in grade, length of commissioned service, and demonstrated command and staff ability at the appropriate level, and will be effected only when an appropriate vacancy exists in the applicable table of organization and equipment or table of organization or distribution.
1930, p. 953; Michie Code 1942, § 2673(17); 1958, c. 393; 1964, c. 227; 1970, c. 662; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-28. Qualifications of commanding or staff officers

No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon finding of a legally convened court-martial.
1930, p. 953; Michie Code 1942, § 2673(18); 1958, c. 393; 1970, c. 662.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-30. Tests as to fitness for officers; examining board

No person shall hereafter be appointed an officer of the National Guard unless such person first shall have successfully passed such tests as to physical, moral, and professional fitness as the President shall prescribe. The examination to determine such qualifications for commission shall be conducted by a board of three commissioned officers appointed by the Secretary of Defense from the active army or the National Guard, or both.
1930, p. 954; Michie Code 1942, § 2673(20); 1958, c. 393; 1964, c. 227; 1970, c. 662.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-32. Oath of National Guard officers

Commissioned officers of the National Guard shall take and subscribe to the following oath of office:
"I............................… do solemnly swear that I will support and
defend the Constitution of the United States and the Constitution of the
Commonwealth of Virginia, against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I will obey the orders
of the President of the United States and of the Governor of the Commonwealth
of Virginia; that I make this obligation freely, without mental reservation or
purpose of evasion, and that I will well and faithfully discharge the duties
of the office of..............................… in the National Guard of the
United States and of the Commonwealth of Virginia, upon which I am about to
enter; so help me God."
1930, p. 954; Michie Code 1942, § 2673(22); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-32.1. Administration of oaths of office and enlistment

Any duly commissioned officer or warrant officer of the Virginia National Guard or any commissioned officer of any of the armed services of the United States may administer the oaths of office and enlistment to prospective officers and enlisted personnel desirous of becoming members of the Virginia National Guard and the National Guard of the United States. Any duly commissioned officer of the Virginia Defense Force, when called into service by the Governor, may administer oaths to prospective officers and enlisted personnel desirous of becoming members of the Virginia Defense Force.
1947, p. 143; Michie Suppl. 1948, § 2673(22a); 1958, c. 393; 1979, c. 647; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-33. Elimination and disposition of officers

At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his order. If the findings of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a court-martial, upon physical disqualification, when convicted of a felony in a civil court, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.
1930, p. 954; Michie Code 1942, § 2673(23); 1958, c. 393; 1964, c. 227; 1970, c. 662.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-36. Enlistment contract and oath

Enlisted persons shall not be recognized as members of the National Guard until they shall have signed an enlistment contract and taken and subscribed to the oath of enlistment prescribed by present or subsequently amended National Guard regulations; or such oath of enlistment as shall be prescribed by the Governor of Virginia for members of the Virginia Defense Force.
1930, p. 955; Michie Code 1942, § 2673(26); 1958, c. 393; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-37. Discharge of enlisted persons

An enlisted person discharged from service in the Virginia National Guard shall receive a discharge in writing. The form and classification of such discharge shall be as prescribed by existing or subsequently amended National Guard regulations.
1930, p. 955; Michie Code 1942, § 2673(27); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-38. Membership continued in National Guard after termination of federal service

When inducted into the active military service of the United States and thereafter discharged or separated from the armed forces, all persons so inducted and thereafter discharged or separated shall resume their membership in the Virginia National Guard and shall continue to serve therein as though their service had not been so interrupted.
1930, p. 955; Michie Code 1942, § 2673(28); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-39. Uniforms, arms and equipment

The National Guard shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniform, arms, and equipment as are or shall be provided for the armed forces of the United States.
1930, p. 955; Michie Code 1942, § 2673(29); 1958, c. 393.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-39.1. Possession of handguns by members at National Guard facilities

To the extent permitted by federal law and by the terms of any contract between the Virginia National Guard and a privately owned facility, any member of the Virginia National Guard who possesses a valid concealed handgun permit issued pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 shall be permitted to possess a concealed handgun owned by such member at all facilities of the Virginia National Guard and at all privately owned facilities under contract with the Virginia National Guard. Nothing herein precludes the commanding officer of any member from prohibiting such member from possessing a concealed handgun while such member is participating in any training or other exercises where the commanding officer determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (iii) the member is unfit to carry a handgun.
2016, c. 740.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-40. Discipline and training

The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.
1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-40.01. Nonjudicial disciplinary proceedings

Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander's authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.
2015, c. 194.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-40.1. Persons subject to the Virginia military laws

All members of the Virginia National Guard are subject to the military laws of Virginia when under orders to be present for duty under Title 32 of the United States Code or while in a state active duty status.
1976, c. 399; 2011, cc. 572, 586.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-40.2. Administration of oaths and taking of sworn statements by commissioned officers

In addition to those powers set forth in § 44-40, commissioned officers in the Virginia National Guard may administer oaths and take sworn statements in connection with any investigation required by law or regulation pertaining to the Virginia National Guard in the performance of their duties.
1987, c. 32.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-41. Armory drills, inactive training, annual active duty training, etc.

Training, including inactive training, armory drills, annual active duty for training, active duty training and other exercises, shall be conducted in accordance with existing or subsequently amended National Guard regulations.
1930, p. 955; Michie Code 1942, § 2673(31); 1958, c. 393; 1964, c. 227.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-41.1. Failure to report; etc.

If any person, being an active member of the Virginia National Guard, in violation of valid orders, fails to initially report to his appointed place of duty at the appointed time of duty under Title 32 of the United States Code or for state active duty, or having initially reported absents himself without leave, he shall be guilty of a Class 4 misdemeanor. A warrant for such offense may be sworn by any officer of the unit to which the soldier or airman who failed to report, or absented himself, is assigned. Any such warrant shall be withdrawn upon the written request of the soldier or airman's commanding officer.
1977, c. 315; 1978, c. 342; 1983, c. 65; 1984, c. 206; 2011, cc. 72, 108.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 1 - Military Laws of Virginia › § 44-54.2. Payment of liability of State pursuant to Article III (f) of compact

Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided this State pursuant to the compact, any liability of this State pursuant to Article III (f) of the compact shall be paid out of funds appropriated to the Department of Military Affairs.
1968, c. 36; 1980, c. 221.