Chapter 15, Chapter 15

(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, that person may, under such regulations prescribed, convene a …

(a) A person subject to this article accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement. (b) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-marti…

In the event of invasion, insurrection, rebellion or riot, flood or other public disaster or emergency, the Governor, in his discretion, may by proclamation containing such powers as would meet the exigencies of the situation, declare a state of martial law or rule in the towns, …

An annual inspection and muster of each organization of the National Guard shall be made by an inspector at such time and place as the Adjutant General shall order and direct.

The Governor may delegate any authority vested in the Governor under this article, and provide for the sub delegation of any such authority, except the power given the Governor by section twenty-two of this article.

(a) The fees and authorized travel expenses of all witnesses, experts, victims, court reporters and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administrat…

(a) Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner: (1) By cash or money order; (2) B…

This article shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, chapter 47 of title 10, United States Code.

All persons acting under the provisions of this article, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of the acts or omissions which they did or failed to do as part of their duties under this article.

This article may be cited as the "Uniform State Code of Military Justice (USCMJ)."

This act takes effect July 1, 2010.

Upon enactment and the effective date, this law supersedes all existing statutes, ordinances, directives, rules, regulations, orders and other laws in the state covered by the subject matter of this law, and all such statutes, ordinances, directives, rules, regulations, orders an…

(a) Under such regulations as prescribed, any commanding officer (and for purposes of this article, officers-in-charge) may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General,…

The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (A) A military judge and not less than five members; or (B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military jud…

(a) Pay and allowances for officers and enlisted personnel of the National Guard for drill, encampment or other duty for training prescribed or ordered by the federal government shall be such as are provided by the laws of the United States. (b) Officers and enlisted personnel of…

Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this article. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to…

(a) There may be paid to each commander of a brigade, regiment, air wing, army group or other corresponding type organization $100 per month and to each commander of a battalion, army squadron, air group or other equivalent type organization $50 per month and to each commander of…

Subject to section seventeen of this article, general courts-martial have jurisdiction to try persons subject to this article for any offense made punishable by this article, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by th…

A member of the organized militia who, (1) while in active service of the state, shall receive an injury, or incur or contract any disability or disease, by reason of such duty, or (2) while performing any lawfully ordered state duty, shall without fault or neglect on his part be…

Subject to section seventeen, special courts-martial have jurisdiction to try persons subject to this article for any offense made punishable by this article, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this article excep…

The sums of money which may be appropriated by the Legislature for carrying into effect any provisions of this article, and the penalties and collections required thereby to be paid to the treasurer of the state, shall constitute the military fund of the state for the uses and pu…

Whenever any member of the National Guard or other reserve component of the Armed Forces of the United States is called or ordered to active duty, other than active duty for training, including, in the case of members of the National Guard, active state duty, the educational inst…

The Adjutant General is hereby authorized and empowered to negotiate for, secure and adopt for all employees of the Adjutant General's department, whether civilian or military and whether paid with state or federal funds, a policy or policies of group insurance written by a carri…

The running of any licensure or registration requirement, including, but not limited to, the payment of any license or registration fees of a licensing board or commission of the state shall be tolled during the period of absence for active duty for any member of the National Gua…

As used in this article: (1) “Civil Air Patrol leave” means leave requested by an employee who: (A) Is a volunteer member of the civilian auxiliary of the United States Air Force known as the Civil Air Patrol; and (B) Has been authorized by the United States Air Force, the Govern…

(a) This article applies to all members of the state military forces at all times. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial have primary jurisdiction of milita…

The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of four years. He or she shall have the rank of major general, or such other rank as is recognized by federal authority. No person may be appointed Adjutant Gener…

When a suit or proceeding shall be commenced in any court by any person, against any military officer of the state, for any act done by such officer in his official capacity in the discharge of any duty under this article, or against any person acting under the authority or order…

The Legislature finds that the West Virginia National Guard is a unique entity that has a dual mission for both West Virginia and the United States. In this dual capacity, the West Virginia National Guard receives funds to administer programs, including the hiring of employees, t…

The "West Virginia legion of merit" may be awarded for exceptional meritorious service, achievement or bravery: (a) To present or former officers and enlisted members of the West Virginia National Guard; (b) To present or former members of active military components, National Gua…

(a) The Adjutant General is authorized to establish morale, welfare and recreation facilities within the state as in his or her judgment may be necessary and proper for military purposes. (b) Notwithstanding any other provision of this code to the contrary, the Adjutant General i…

The army National Guard shall comprise the army units including army aviation units, which are a part of the West Virginia National Guard and the personnel enlisted, appointed, or commissioned therein. All members of the army National Guard shall be federally recognized as such.

The Governor shall be commander in chief of the military forces of the state, except those which are in the service of the United States.

In time of public disaster or emergency, the Governor may declare a limited emergency in the affected area and designate the commander of the National Guard units called to duty to coordinate and direct the activities of all persons, organizations and agencies participating in th…

(a) The purpose of "The Child Protection Act of 2006" is to put in place a series of programs, criminal law revisions, and other reforms to provide and promote the ability of the children of this state to live their lives without being exposed and subjected to neglect and physica…

Upon recommendation of the Adjutant General with the consent of the person concerned, the Governor may order any person on the state retired list to state duty in or with the National Guard for a period not to exceed three months, in which case such person shall rank in his grade…

(a) Subject to section seventeen of this article, summary courts-martial have jurisdiction to try persons subject to this article, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor may presc…

All payments made under the provisions of this article, except pay and allowances for active service of the state, shall be paid out of the military fund. All pay and allowances and other expenses incurred in active service of the state shall be paid out of any moneys in the trea…

(a) Any member of the Army National Guard or Air National Guard who is enrolled in an educational program which leads to a certificate, undergraduate degree, master's degree, doctor of medicine, or doctor of osteopathic medicine, and is attending any accredited community and tech…

(a) General courts-martial may be convened by: (1) The Governor; (2) The Adjutant General; (3) The commanding officer of a force of the state military forces; (4) The commanding officer of a division or a separate brigade; or (5) The commanding officer of a separate wing. (b) If …

(a) Notwithstanding any provision of this code to the contrary, bona fide members of the West Virginia National Guard assigned by the Adjutant General to function as security guards to safeguard military property of the state or of the United States who have successfully complete…

(a) Special courts-martial may be convened by: (1) Any person who may convene a general court-martial; (2) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station; (3) The commanding officer of a brigade, regiment, detach…

(a) The Adjutant General shall pay the necessary expenses for the presentation of a flag of the United States with care to the person designated to direct disposition of the remains of a deceased person who served a federally recognized unit of National Guard of this state, upon …

(a) Subject to the agreement entered into between the United States Secretary of Defense and the Governor to establish, organize, and administer the Mountaineer Challenge Academy pursuant to 32 U.S.C. § 509, the Governor shall: (1) Expand the capacity of the Mountaineer Challenge…

(a) Summary courts-martial may be convened: (1) By any person who may convene a general or special court-martial; (2) The commanding officer of a detached company or other detachment, or corresponding unit of the Army; (3) The commanding officer of a detached squadron or other de…

(a) The Adjutant General may establish, within the limitations of this section, a program to provide enlistment bonuses to eligible prospects who become members of the West Virginia National Guard. (1) Eligibility for the bonus is limited to a candidate who: (A) Joins the Nationa…

(a) Any commissioned officer of the state military forces is eligible to serve on all courts-martial for the trial of any person subject to this article. (b) Any warrant officer of the state military forces is eligible to serve on general and special courts-martial for the trial …

(a) Only firefighters and security guards who are members of the West Virginia National Guard may be employed by the Adjutant General as firefighters and security guards: Provided, That any person employed as a firefighter on the effective date of this section who is not a member…

(a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) A military judge shall be: (1) An active or retired commissioned offic…

(a) The West Virginia National Guard is authorized to participate in asset forfeiture and seizure programs established by the United States government relating to drug interdiction and counter-drug activities, pursuant to the provisions of 32 U. S. C. §112. (b) (1) There is hereb…