Chapter 15, Chapter 15

(a) Complaint requirements. — A person may file a missing persons complaint with any law-enforcement agency having jurisdiction. The law-enforcement agency shall attempt to collect the following information from a complainant and, as soon as thereafter as is practicable, shall th…

The following criteria shall be met before the West Virginia State Police activate the Blue Alert: (1) A law-enforcement officer has been killed or seriously injured, or is believed to be missing, in the line of duty; (2) There is sufficient information available relating to the …

The following criteria shall be met before the State Police activate the Silver Alert: (1) The person is a senior citizen; (2) The person is believed to be missing, regardless of circumstance; (3) A person who has knowledge that the person is missing has submitted a missing perso…

Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the State Police radio station or stations provided for in this article. A person responsible for failure to do so shall be guilty of a misdemeanor and, upon con…

(a) The following criteria shall be met before the State Police activate the Amber Alert: (1) The child is believed to be abducted; (2) The child is seventeen years of age or younger; (3) The child may be in danger of death or serious bodily injury; and (4) There is sufficient in…

The State Police shall not collect or store information identifying any person who has requested or received such an envelope, except any information necessary to distribute such an envelope to the requestor. No such information shall be stored in any form after the distribution …

No person shall intercept any message or transmission made on or over any communications system established by the department of public safety and use the information obtained thereby to aid, abet or assist in committing a crime, or in violating any law of this state, or use the …

(a) To participate, the media may agree, upon notice from the State Police via email or facsimile, to transmit information to the public about a missing cognitively impaired person or senior citizen that has occurred within their broadcast service region. (b) The alerts shall inc…

(a) To participate, the media may agree, upon notice from the West Virginia State Police via email or facsimile, to transmit information to the public about a missing at-risk veteran that has occurred within their broadcast service region. (b) The alerts shall include a descripti…

(a) To participate, the media may agree, upon notice from the West Virginia State Police via email or facsimile, to transmit information to the public about a missing law-enforcement officer or a suspect or suspects that has occurred within their broadcast service region. (b) The…

(a) A law-enforcement agency may not delay an investigation of a missing persons complaint on the basis of a written or unwritten policy requiring that a certain period of time pass after any event, including the receipt of a complaint, before an investigation may commence; and s…

(a) The participating media shall voluntarily agree, upon notice from the State Police, to transmit emergency alerts to inform the public of a child abduction that has occurred within their broadcast service regions. (b) The alerts shall be read after a distinctive sound tone and…

Nothing in this article requires the State Police to verify any information provided on the envelope. Any action taken by a person, whether private citizen or public officer or employee, with regard to any information provided on the envelope shall neither create a warranty of th…

The following criteria shall be met before the State Police activate the Purple Alert: (1) The person is believed to have a cognitive impairment; (2) The person is believed to be missing, regardless of circumstance; (3) An individual who has knowledge that the person is missing h…

No person or entity who, in good faith, follows and abides by the provisions of this article is liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and di…

No person or entity who in good faith follows and abides by the provisions of this article may be liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and …

(a) To participate, the media may agree, upon notice from the State Police via email or facsimile, to transmit information to the public about a missing cognitively impaired person that has occurred within their broadcast service region. (b) The alerts shall include a description…

A person or entity who in good faith follows and abides by the provisions of this article is not liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and d…

(a) If a law-enforcement officer or other official discovers or comes into custody of unidentified human remains, the officer or official shall immediately notify the office of the Chief Medical Examiner of the location of those remains. After a law-enforcement agency performs an…

The superintendent of the department of public safety is empowered to authorize a statewide survey, and to seek cooperation of the federal communications commission in the survey, to determine suitable locations for the state radio station or stations provided for in this article…

The secretary may adopt guidelines and procedural rules to effectuate the purposes of this article.

No person or entity who, in good faith, follows and abides by the provisions of this article is liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and di…

The superintendent may adopt guidelines and procedural rules to effectuate the purposes of this article.

(a) The State Police and the Division of Highways shall coordinate a process to utilize all available video recording and monitoring devices for the purpose of monitoring Amber Alert, Silver Alert, or Purple Alert suspect vehicles. This program shall be called the "Guardian Angel…

(a) The Chief Medical Examiner or county medical examiner, whichever is applicable, shall make reasonable attempts to promptly identify unidentified human remains, by: (1) Taking photographs of the human remains, prior to an autopsy; (2) Performing dental or skeletal x-rays, when…

The Superintendent may adopt guidelines and procedural rules to effectuate the purposes of this article.

The superintendent of the department of public safety may employ, establish the qualifications for and, within the limits of available funds, fix the salaries of radio engineers, radio technicians, radio operators, radio teletype operators and other personnel as may be necessary …

A person or entity who in good faith follows and abides by the provisions of this article is not liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof, unless it is alleged and proven that the information disclosed was false and …

A person who knowingly and willfully files a false missing persons complaint is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $200, or confined in jail for five days, or both fined and confined.

The superintendent of the department of public safety shall have authority to prescribe and promulgate reasonable rules and regulations to carry out the purposes of this article.

Justices of the peace shall have concurrent jurisdiction with other courts in the enforcement of this article.

(a) There is hereby created an advisory system, referred to in this section as the “system”, to aid in the identification and location of missing and endangered children. (b) “Missing and Endangered Child Advisory” means a system used to alert the public of a missing and endanger…

Whenever any part of the National Guard of this state is in active federal service, the Governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the secretary of defense of the United States may prescribe for disciplin…

The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the National Guard, substituting the words "West Virginia state guard" where necessary.

No person shall be enlisted for more than one year but such enlistment may be renewed. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words "West Virginia state guard" wher…

(a) Whenever such forces or any part thereof shall be ordered out for active service the articles of war of the United States applicable to members of the National Guard of this state in relation to courts-martial, their jurisdiction and the limits of punishment and the rules and…

This article may be cited as the "West Virginia State Guard Act."

The Governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of this article governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces: Provided, That such rules and regulati…

The pay for officers and enlisted men of the West Virginia state guard for service at camps of instruction, rifle practice, practice marches and maneuvers, or other duties ordered by the Governor, shall be such as are provided in the National Defense Act or amendments thereto. Of…

For use of such forces, the Governor is hereby authorized to requisition from the secretary of war such arms and equipment as may be in possession of and can be spared by the war department; and to make available to such forces the facilities of state armories and their equipment…

Such forces shall not be required to serve outside the boundaries of this state. Except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy…

Any military forces or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the Un…

Nothing in this article shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be …

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.

No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.

When used in this article: (1) “Director” means the Director of the Division of Homeland Security and Emergency Management. (2) “Incident” means: (A) An injury to an individual at a well, well pad or pipeline facility that results in death or serious bodily injury or that has a r…

The Legislature recognizes that Title III of the Superfund Amendments and Reauthorization Act of 1986: The Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499, enacted by the United States Congress and signed into law on October 17, 1986, has two primary objec…

In view of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness and large-scale threats, resulting from terrorism, enemy attack, sabotage or other hostile action, or from fire, flood, earthquakes or other natural or man-…

(a) The Legislature finds that the health and safety of persons working in and around the mining industry and other industries is of paramount concern to the people of West Virginia and that deaths and serious injuries resulting from dangerous working conditions cause grief and s…

Regional organizations for emergency services may be established in the discretion of the Governor for any combination of political subdivisions. Each such organization shall be directed by the council which shall consist of the local directors, hereinbefore provided for in secti…