Chapter 15, Chapter 15

Any person subject to this article is a principal who: (1) Commits an offense punishable by this article, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by him or her would be punishable by this article.…

Any person subject to this article who, knowing that an offense punishable by this article has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

(a) The qualification for enlistment and reenlistment, the period of enlistment, reenlistment and voluntary extension of enlistment, the period of service and the manner and form of transfer and discharge of enlisted personnel of the National Guard shall be as prescribed by appli…

(a) An employer may not interfere with the use of Civil Air Patrol leave allowed under this article. (b) An employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against an employee who is a member of the Civil Air Patrol because that em…

In the event any person shall render service or perform acts entitling such person to the award of a West Virginia decoration, and the award of such decoration has previously been made, the person shall, for each subsequent award be entitled to wear a bronze oak leaf cluster. A s…

Members of the organized militia in the active service of the state or another state shall be entitled to the same reemployment rights granted to members of the reserve components of the Armed Forces of the United States by applicable federal law, including rights protected by th…

Whenever any shot is fired or missile thrown at, against or upon any body of the National Guard, or upon any officer or member thereof, assembling or assembled for the performance of any duty under the provisions of this article, it shall forthwith be the duty of every person in …

(a) An act, done with specific intent to commit an offense under this article, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject to this article who attempts to commit a…

Any person subject to this article who conspires with any other person to commit an offense under this article shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(a) Any person subject to this article who solicits or advises another or others to desert in violation of section eighty-five of this article or mutiny in violation of section ninety-four of this article shall, if the offense solicited or advised is attempted or committed, be pu…

Any person, shall be punished as a court-martial may direct, who: (1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and …

Any person subject to this article who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or …

(a) Any member of the state military forces who: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away there from permanently; (2) Quits his unit, organization, or place of duty with intent to avoid hazardous …

Any person subject to this article who, without authority: (1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he …

Any person subject to this article who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or Legislature of the state shall be punished as a court…

Any person subject to this article who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.

a. Enlisted men may be honorably discharged, discharged, or discharged dishonorably; but in no case may an enlisted man be dishonorably discharged unless by sentence of a general court- martial, except as hereinafter provided. No enlisted man shall be honorably discharged from se…

(a) An employee may bring a civil action in the appropriate circuit court to enforce this article. (b) The court may enjoin an act or practice that violates this article and may order equitable relief to redress the violation or to enforce this article, including the recovery of …

(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted member may be ordered into arrest or confinement by …

The Adjutant General shall annually submit to the Legislature a request for an appropriation sufficient to cover the cost of all West Virginia decorations established in accordance with this article.

A person convicted of a crime declared by this article to be a misdemeanor shall, unless otherwise provided, be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than one year, or by both. Any circuit, intermediate, criminal court, or ju…

Any portion of the National Guard parading or performing any duty according to law shall have the right-of-way in any street or highway through which they may pass: Provided, That the carriage of United States mails and operations of fire engines and fire departments shall not be…

Any person subject to this article who: (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or he…

Any warrant officer or enlisted member who: (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office; (2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or…

Any person subject to this article who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the state military forces, which it is his or her duty to obey, fails to obey the order; or (3) Is de…

Any person subject to this article who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

(a) Any person subject to this article who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny; (2) With intent to cau…

Any person subject to this article who: (1) Resists apprehension; (2) Flees from apprehension; (3) Breaks arrest; or (4) Escapes from custody or confinement; shall be punished as a court-martial may direct.

Any person subject to this article who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed…

Any person subject to this article who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

Any person subject to this article who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this article; or (2) Knowingly and intentionally fails to enforce or comply with any provision of this article regulating the pr…

Any person subject to this article who before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend; (3) Through disobedience, neglect, or intentiona…

This article shall be known and may be cited as the "West Virginia State Police Retirement System Act".

The following terms when used in this article have meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: (a) "Central abuse registry" or "registry" means the registry created by this article which contains th…

The Legislature finds and declares that citizens, state employees and visitors who park, attend functions, conduct business or work at the capitol complex and other state facilities should be safe and secure. The Legislature further finds and declares that it is in the public int…

This article shall be known and may be cited as the "West Virginia Department of Public Safety Reorganization Act."

This article may be cited as the "DNA Database and Databank Act of 1995".

As used in this article: (1) "Certain limited items" means personal grooming and hygiene products, food and beverages, convenience items, and items bearing the State Police emblem or other insignia that are necessary for training purposes. (2) "Post exchange" means a particular a…

(a) The West Virginia State Police shall receive DNA samples, store, analyze, classify and file the DNA records consisting of all identification characteristics of DNA profiles from DNA samples submitted pursuant to the procedures for conducting DNA analysis of DNA samples. (b) T…

(a) The standard uniform to be used by the West Virginia State Police after the effective date of this article shall be as follows: Forestry green blouse with West Virginia State Police emblem on sleeve; black shoulder strap one-inch black stripe around sleeve, four inches from e…

(a) If any employee while in active service of the agency becomes partially or totally disabled on a probable permanent basis to the extent that the employee cannot adequately perform the duties required of an employee of the agency from any cause other than those set forth in th…

(a) Whenever any member of the department of public safety retires, resigns or is terminated from employment, he or she shall surrender, in good condition, considering reasonable wear and tear from proper use, all items of equipment and clothing assigned to such member as set for…

(a) The board may require any disabled retirant to submit to a physical or mental examination or both a physical and mental examination by a physician or physicians selected or approved by the board and the physician or physicians shall submit a report of the findings of the phys…

(a) Any person convicted of a qualifying offense whose DNA record or profile has been included in the state database and whose DNA sample is stored in the state databank or the state’s designated DNA typing, testing, and research laboratory may apply for expungement on the ground…

The jurisdiction of the department shall extend anywhere in the State of West Virginia.

(a) Not later than thirty days after an employee becomes a member of the fund, the employer shall forward to the board a copy of the physician's report of a physical examination which incorporates the standards or procedures described in section seven, article two, chapter fiftee…

Not later than January 1, 2006, and each January 1 thereafter, the board shall prepare a report for the preceding fiscal year of the disability retirement experience of the West Virginia State Police Retirement Fund. The report shall specify the total number of disability applica…

(a) All DNA profiles and samples submitted to the West Virginia State Police pursuant to this article shall be treated as confidential except as provided in this article. (b) Any person who, by virtue of employment or official position has possession of or access to individually …