West Virginia Code
Chapter 15. Public Safety

§15-1A-1a. Employee Participation in Group Insurance Programs; Payroll Deductions; Custodian of Funds - The Adjutant General is hereby authorized and empowered to negotiate...

§15-1A-2. Appointment; Qualifications; Bond - The Adjutant General shall be appointed by the Governor, by...

§15-1A-3. Duties - (a) The Adjutant General shall be chief of staff to...

§15-1A-3a. Purchase of Automobile Liability Insurance - The Adjutant General shall purchase, out of any funds appropriated...

§15-1A-4. Assistant Adjutants General and Other Authorized General Officers - The Governor shall appoint an assistant Adjutant General for air...

Article 1B. National Guard

§15-1B-1. Organization of the National Guard - The National Guard shall be organized, equipped, disciplined, governed, administered...

§15-1B-2. Army National Guard - The army National Guard shall comprise the army units including...

§15-1B-3. Air National Guard - The air National Guard shall comprise the air units of...

§15-1B-4. Oath, Appointment and Promotion of Officers - a. Oath, appointment and promotion of officers shall be made...

§15-1B-5. Surplus Officers; Resignations - a. Commissioned officers who shall be rendered surplus by reduction,...

§15-1B-6. Dismissal of Officers - a. No officer of the National Guard shall be dismissed...

§15-1B-7. Appointment, Promotion and Reduction of Noncommissioned Officers - Noncommissioned officers shall be appointed and promoted and may be...

§15-1B-8. Enlisted Personnel -- Generally - (a) The qualification for enlistment and reenlistment, the period of...

§15-1B-9. Enlisted Personnel -- Discharge - a. Enlisted men may be honorably discharged, discharged, or discharged...

§15-1B-10. Inactive National Guard - The inactive National Guard shall consist of the persons commissioned,...

§15-1B-11. Uniforms, Arms, Equipment and Supplies - The uniforms, arms, equipment and supplies necessary for performance of...

§15-1B-12. Care of and Responsibility for Military Property and Funds - a. Military property of the state and of the United...

§15-1B-13. Assemblies, Annual Training and Other Duty - a. Members and units of the organized militia shall assemble...

§15-1B-14. Annual Inspection and Muster - An annual inspection and muster of each organization of the...

§15-1B-16. Pay and Allowances - (a) Pay and allowances for officers and enlisted personnel of...

§15-1B-17. Command Pay; Inspections; Compensation for Clerical Services and Care of Property - (a) There may be paid to each commander of a...

§15-1B-18. Injury or Death While in Service of State - A member of the organized militia who, (1) while in...

§15-1B-19. Military Fund - The sums of money which may be appropriated by the...

§15-1B-20. Military Expenses - All payments made under the provisions of this article, except...

§15-1B-21. Tuition and Fees for Guard Members at Institutions of Higher Education - (a) Any member of the Army National Guard or Air...

§15-1B-22. Military Facilities; Security Guards; Qualifications; Duties; Powers - (a) Notwithstanding any provision of this code to the contrary,...

§15-1B-23. American Flag for Burial of Deceased Members of the National Guard; Presentation of Flag to Parent or Spouse - (a) The Adjutant General shall pay the necessary expenses for...

§15-1B-24. Mountaineer Challenge Academy; Expansion; Cooperation of State Executive Agencies - (a) Subject to the agreement entered into between the United...

§15-1B-25. Commissioning Bonus - Upon graduation from the officer candidate school conducted at the...

§15-1B-26. Firefighters and Security Guards to Be Members of the National Guard - (a) Only firefighters and security guards who are members of...

§15-1B-27. Asset Forfeiture and Asset Sharing - (a) The West Virginia National Guard is authorized to participate...

Article 1C. State Retired List and Honorary Militia

§15-1C-1. State Retired List - a. Any member of the National Guard who has reached...

§15-1C-2. Duty With the National Guard - Upon recommendation of the Adjutant General with the consent of...

§15-1C-3. Seniority, Resignation, Discharge, etc. - Time spent on the state retired list shall not be...

§15-1C-4. Honorary Militia - The Governor may appoint and commission any person, with such...

Article 1D. Active State Service

§15-1D-1. Calling Out National Guard by Governor - In event of war, insurrection, rebellion, invasion, tumult, riot, mob...

§15-1D-2. Limited Emergency - In time of public disaster or emergency, the Governor may...

§15-1D-3. Use of Military Force to Disperse Riots, etc. - Before using any military force in the dispersion of any...

§15-1D-4. Failure to Disperse - Any person or persons composing or taking part in any...

§15-1D-5. Power of Officers to Arrest, Disperse or Quell Persons Rioting, etc. - After any person or persons, composing or taking part, or...

§15-1D-6. Assaults on National Guard or Persons Aiding It - It shall be unlawful for any person to assault, fire...

§15-1D-7. Repelling Assault - If any portion of the National Guard, or any person...

§15-1D-8. Duty to Retire From Unlawful Assembly - Whenever any shot is fired or missile thrown at, against...

§15-1D-9. National Guard to Have Right-of-Way; Exceptions - Any portion of the National Guard parading or performing any...

§15-1D-10. Regulation of Occupancy of Streets for Passage of National Guard - Whenever any portion of the National Guard is or has...

§15-1D-11. Transportation of Officers and Men - The several railroads and other transportation companies in this state...

§15-1D-12. Trespassing Upon Armories, etc.; Interrupting, Interfering With, etc., National Guard; Regulation of Certain Sales, Gambling, etc., Within Certain Limits of Armories, etc. - a. Any person who shall, after due warning, trespass upon...

§15-1D-13. Regulations While State Military Forces on Duty - When any portion of the military forces of this state...

§15-1D-14. When Martial Law May Be Declared - In the event of invasion, insurrection, rebellion or riot, flood...

Article 1E. Code of Military Justice

§15-1E-1. Definitions; Gender Neutrality - §15-1E-1. Definitions; gender neutrality. (a) In this article, unless the...

§15-1E-2. Persons Subject to This Article; Jurisdiction - (a) This article applies to all members of the state...

§15-1E-3. Jurisdiction to Try Certain Personnel - (a) Each person discharged from the state military forces who...

§15-1E-5. Territorial Applicability of the Article - (a) This article has applicability at all times and in...

§15-1E-6. Judge Advocates - (a) The senior force judge advocates in each of the...

§15-1E-7. Apprehension - §15-1E-7. Apprehension. (a) Apprehension is the taking of a person...

§15-1E-9. Imposition of Restraint - (a) Arrest is the restraint of a person by an...

§15-1E-10. Restraint of Persons Charged With Offenses - Any person subject to this article charged with an offense...

§15-1E-11. Place of Confinement; Reports and Receiving of Prisoners - (a) If a person subject to this article is confined...

§15-1E-12. Confinement With Enemy Prisoners Prohibited - No member of the state military forces may be placed...

§15-1E-13. Punishment Prohibited Before Trial - No person, while being held for trial or awaiting a...

§15-1E-14. Delivery of Offenders to Civil Authorities - (a) A person subject to this article accused of an...

§15-1E-15. Commanding Officer's Nonjudicial Punishment - §15-1E-15. Commanding officer's nonjudicial punishment. (a) Under such regulations as...

§15-1E-16. Courts-Martial Classified - §15-1E-16. Courts-martial classified. The three kinds of courts-martial in the...

§15-1E-17. Jurisdiction of Courts-Martial in General - Each component of the state military forces has court-martial jurisdiction...

§15-1E-18. Jurisdiction of General Courts-Martial - Subject to section seventeen of this article, general courts-martial have...

§15-1E-19. Jurisdiction of Special Courts-Martial - Subject to section seventeen, special courts-martial have jurisdiction to try...

§15-1E-20. Jurisdiction of Summary Courts-Martial - (a) Subject to section seventeen of this article, summary courts-martial...

§15-1E-22. Who May Convene General Courts-Martial - §15-1E-22. Who may convene general courts-martial. (a) General courts-martial may...

§15-1E-23. Who May Convene Special Courts-Martial - (a) Special courts-martial may be convened by: (1) Any person...

§15-1E-24. Who May Convene Summary Courts-Martial - (a) Summary courts-martial may be convened: (1) By any person...

§15-1E-25. Who May Serve on Courts-Martial - (a) Any commissioned officer of the state military forces is...

§15-1E-26. Military Judge of a General or Special Court-Martial - (a) A military judge shall be detailed to each general...

§15-1E-27. Detail of Trial Counsel and Defense Counsel - (a) For each general and special court-martial the authority convening...

§15-1E-28. Detail or Employment of Reporters and Interpreters - Under such regulations as may be prescribed, the convening authority...

§15-1E-29. Absent and Additional Members - (a) No member of a general or special court-martial may...

§15-1E-30. Charges and Specifications - §15-1E-30. Charges and specifications. (a) Charges and specifications shall be...

§15-1E-31. Compulsory Self-Incrimination Prohibited - (a) No person subject to this article may compel any...

§15-1E-32. Investigation - (a) No charge or specification may be referred to a...

§15-1E-33. Forwarding of Charges - When a person is held for trial by general court-martial,...

§15-1E-34. Advice of Judge Advocate and Reference for Trial - (a) Before directing the trial of any charge by general...

§15-1E-35. Service of Charges - The trial counsel shall serve or caused to be served...

§15-1E-36. Governor or the Adjutant General May Prescribe Rules - §15-1E-36. Governor or the Adjutant General may prescribe rules. Pretrial,...

§15-1E-37. Unlawfully Influencing Action of Court - (a) No authority convening a general, special, or summary court-martial,...

§15-1E-38. Duties of Trial Counsel and Defense Counsel - (a) The trial counsel of a general or special court-martial...

§15-1E-39. Sessions - (a) At any time after the service of charges which...

§15-1E-40. Continuances - The military judge of a court-martial or a summary court-martial...

§15-1E-41. Challenges - (a)(1) The military judge and members of a general or...

§15-1E-42. Oaths or Affirmations - (a) Before performing their respective duties, military judges, general and...

§15-1E-43. Statute of Limitations - (a) Except as otherwise provided in this article, a person...

§15-1E-44. Former Jeopardy - (a) No person may, without his or her consent, be...

§15-1E-45. Pleas of the Accused - (a) If an accused after arraignment makes an irregular pleading,...

§15-1E-46. Opportunity to Obtain Witnesses and Other Evidence - The trial counsel, the defense counsel, and the court-martial shall...

§15-1E-47. Refusal to Appear or Testify - (a) Any person not subject to this article who: (1)...

§15-1E-48. Contempts - A military judge or summary court-martial officer may punish for...

§15-1E-49. Depositions - (a) At any time after charges have been signed as...

§15-1E-50. Admissibility of Records of Courts of Inquiry - (a) In any case not extending to the dismissal of...

§15-1E-50a. Defense of Lack of Mental Responsibility - (a) It is an affirmative defense in a trial by...

§15-1E-51. Voting and Rulings - (a) Voting by members of a general or special court-martial...

§15-1E-52. Number of Votes Required - (a) No person may be convicted of an offense except...

§15-1E-53. Court to Announce Action - A court-martial shall announce its findings and sentence to the...

§15-1E-54. Record of Trial - (a) Each general and special court-martial shall keep a separate...

§15-1E-55. Cruel and Unusual Punishments Prohibited - §15-1E-55. Cruel and unusual punishments prohibited. Punishment by flogging, or...

§15-1E-56. Maximum Limits - (a) The punishment which a court-martial may direct for an...

§15-1E-57. Effective Date of Sentences - (a) Whenever a sentence of a court-martial as lawfully adjudged...

§15-1E-57a. Deferment of Sentences - (a) On application by an accused who is under sentence...

§15-1E-58. Execution of Confinement - (a) A sentence of confinement adjudged by a court-martial, whether...

§15-1E-58a. Sentences: Reduction in Enlisted Grade Upon Approval - (a) A court-martial sentence of an enlisted member in a...

§15-1E-58b. Sentences: Forfeiture of Pay and Allowances During Confinement - (a)(1) A court-martial sentence described in subdivision (2) of this...

§15-1E-59. Error of Law; Lesser Included Offense - §15-1E-59. Error of law; lesser included offense. (a) A finding...

§15-1E-60. Action by the Convening Authority - (a) The findings and sentence of a court-martial shall be...

§15-1E-61. Withdrawal of Appeal - (a) In each case subject to appellate review under this...

§15-1E-62. Appeal by the State - (a)(1) In a trial by court-martial in which a punitive...

§15-1E-63. Rehearings - Each rehearing under this article shall take place before a...

§15-1E-64. Review by the Senior Force Judge Advocate - (a) Each general and special court-martial case in which there...

§15-1E-65. Disposition of Records After Review by the Convening Authority - Except as otherwise required by this article, all records of...

§15-1E-67a. Review by State Appellate Authority - Decisions of a court-martial are from a court with jurisdiction...

§15-1E-70. Appellate Counsel - (a) The senior force judge advocate shall detail a judge...

§15-1E-71. Execution of Sentence; Suspension of Sentence - (a) If the sentence of the court-martial extends to dismissal...

§15-1E-72. Vacation of Suspension - (a) Before the vacation of the suspension of a special...

§15-1E-73. Petition for a New Trial - At any time within two years after approval by the...

§15-1E-74. Remission and Suspension - (a) Any authority competent to convene, for the command in...

§15-1E-75. Restoration - (a) Under such regulations as may be prescribed, all rights,...

§15-1E-76. Finality of Proceedings, Findings, and Sentences - The appellate review of records of trial provided by this...

§15-1E-76a. Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions - Under regulations prescribed, an accused who has been sentenced by...

§15-1E-76b. Lack of Mental Capacity or Mental Responsibility: Commitment of Accused for Examination and Treatment - (a) Persons incompetent to stand trial. (1) In the case...

§15-1E-77. Principals - §15-1E-77. Principals. Any person subject to this article is a...

§15-1E-78. Accessory After the Fact - Any person subject to this article who, knowing that an...

§15-1E-79. Conviction of Lesser Included Offense - An accused may be found guilty of an offense necessarily...

§15-1E-80. Attempts - (a) An act, done with specific intent to commit an...

§15-1E-81. Conspiracy - Any person subject to this article who conspires with any...

§15-1E-82. Solicitation - (a) Any person subject to this article who solicits or...

§15-1E-83. Fraudulent Enlistment, Appointment, or Separation - Any person, shall be punished as a court-martial may direct,...

§15-1E-84. Unlawful Enlistment, Appointment, or Separation - Any person subject to this article who effects an enlistment...

§15-1E-85. Desertion - (a) Any member of the state military forces who: (1)...

§15-1E-86. Absence Without Leave - Any person subject to this article who, without authority: (1)...

§15-1E-87. Missing Movement - Any person subject to this article who through neglect or...

§15-1E-88. Contempt Toward Officials - Any commissioned officer who uses contemptuous words against the President,...

§15-1E-89. Disrespect Toward Superior Commissioned Officer - Any person subject to this article who behaves with disrespect...

§15-1E-90. Assaulting or Willfully Disobeying Superior Commissioned Officer - Any person subject to this article who: (1) Strikes his...

§15-1E-91. Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer - Any warrant officer or enlisted member who: (1) Strikes or...

§15-1E-92. Failure to Obey Order or Regulation - Any person subject to this article who: (1) Violates or...

§15-1E-93. Cruelty and Maltreatment - Any person subject to this article who is guilty of...

§15-1E-94. Mutiny or Sedition - (a) Any person subject to this article who: (1) With...

§15-1E-95. Resistance, Flight, Breach of Arrest, and Escape - Any person subject to this article who: (1) Resists apprehension;...

§15-1E-96. Releasing Prisoner Without Proper Authority - Any person subject to this article who, without proper authority,...

§15-1E-97. Unlawful Detention - Any person subject to this article who, except as provided...

§15-1E-98. Noncompliance With Procedural Rules - Any person subject to this article who: (1) Is responsible...

§15-1E-99. Misbehavior Before the Enemy - Any person subject to this article who before or in...

§15-1E-100. Subordinate Compelling Surrender - Any person subject to this article who compels or attempts...

§15-1E-101. Improper Use of Countersign - Any person subject to this article who in time of...

§15-1E-102. Forcing a Safeguard - Any person subject to this article who forces a safeguard...

§15-1E-103. Captured or Abandoned Property - (a) All persons subject to this article shall secure all...

§15-1E-104. Aiding the Enemy - Any person subject to this article who: (1) Aids, or...

§15-1E-105. Misconduct as Prisoner - Any person subject to this article who, while in the...

§15-1E-107. False Official Statements - Any person subject to this article who, with intent to...

§15-1E-108. Military Property - Loss, Damage, Destruction, or Wrongful Disposition - Any person subject to this article who, without proper authority:...

§15-1E-109. Property Other Than Military Property - Waste, Spoilage, or Destruction - Any person subject to this article who willfully or recklessly...

§15-1E-110. Improper Hazarding of Vessel - (a) Any person subject to this article who willfully and...

§15-1E-112. Drunk on Duty - Any person subject to this article other than a sentinel...

§15-1E-112a. Wrongful Use, Possession, etc., of Controlled Substances - (a) Any person subject to this article who wrongfully uses,...

§15-1E-113. Misbehavior of Sentinel - Any sentinel or look-out who is found drunk or sleeping...

§15-1E-114. Dueling - Any person subject to this article who fights or promotes,...

§15-1E-115. Malingering - Any person subject to this article who for the purpose...

§15-1E-116. Riot or Breach of Peace - Any person subject to this article who causes or participates...

§15-1E-117. Provoking Speeches or Gestures - Any person subject to this article who uses provoking or...

§15-1E-132. Frauds Against the Government - Any person subject to this article: (1) Who, knowing it...

§15-1E-133. Conduct Unbecoming an Officer and a Gentleman - Any commissioned officer, cadet, candidate, or midshipman who is convicted...

§15-1E-134. General Article - Though not specifically mentioned in this article, all disorders and...

§15-1E-135. Courts of Inquiry - §15-1E-135. Courts of inquiry. (a) Courts of inquiry to investigate...

§15-1E-136. Authority to Administer Oaths and to Act as Notary - (a) The following persons may administer oaths for the purposes...

§15-1E-137. Articles to Be Explained - (a) (1) The sections of this article specified in subdivision...

§15-1E-138. Complaints of Wrongs - Any member of the state military forces who believes himself...

§15-1E-139. Redress of Injuries to Property - (a) Whenever complaint is made to any commanding officer that...

§15-1E-140. Delegation by the Governor - The Governor may delegate any authority vested in the Governor...

§15-1E-141. Payment of Fees, Costs and Expenses - (a) The fees and authorized travel expenses of all witnesses,...

§15-1E-142. Payment of Fines and Disposition Thereof - (a) Fines imposed by a military court or through imposition...

§15-1E-143. Uniformity of Interpretation - This article shall be so construed as to effectuate its...

§15-1E-144. Immunity for Action of Military Courts - All persons acting under the provisions of this article, whether...

§15-1E-146. Short Title - This article may be cited as the "Uniform State Code...

§15-1E-147. Time of Taking Effect - This act takes effect July 1, 2010.

§15-1E-148. Supersedes Existing State Military Justice Codes - Upon enactment and the effective date, this law supersedes all...

Article 1F. Privileges and Prohibitions

§15-1F-1. Leave of Absence for Public Officials and Employees for Drills, Parades, Active Duty, etc. - (a) Any officer or employee of state, county or municipal...

§15-1F-1a. Educational Leave of Absence for Active Duty - Whenever any member of the National Guard or other reserve...

§15-1F-1b. Tolling of the Running of Any Licensure or Registration Requirement - The running of any licensure or registration requirement, including, but...

§15-1F-2. Suits Against Officers or Persons Acting Under Military Authority - When a suit or proceeding shall be commenced in any...

§15-1F-3. Change of Venue of Prosecutions or Suits Against Members of National Guard - Any civil or military officer or member of the National...

§15-1F-4. Arrest of Persons Belonging to State Military Forces - No person belonging to the military forces of the state,...

§15-1F-5. Unlawful Conversion of Military Property - Whoever shall secrete, sell or dispose of, or offer for...

§15-1F-6. Unlawful Wearing of Uniforms - Any person who shall wear any uniform or any device,...

§15-1F-7. Unlawful Military Organizations - (a) It is unlawful for any body of individuals other...

§15-1F-8. Reemployment Rights of Members of the Organized Militia - Members of the organized militia in the active service of...

§15-1F-9. General Penalty; Jurisdiction Under Article - A person convicted of a crime declared by this article...

§15-1F-10. Selective Service Registration and Compliance - (a) A person may not enroll in a state-supported institution...

§15-1F-11. West Virginia Servicemembers Civil Relief Act - (a) This section may be cited as the >West Virginia...

Article 1G. Service Medals

§15-1G-1. The West Virginia Distinguished Service Medal - The "West Virginia distinguished service medal" may be awarded: (a)...

§15-1G-2. West Virginia Legion of Merit - The "West Virginia legion of merit" may be awarded for...

§15-1G-3. Procedure for Award of Distinguished Service Medal and Legion of Merit - The military awards board hereinafter established shall recommend to the...

§15-1G-4. Other West Virginia Awards and Decorations - The Adjutant General is authorized to establish other West Virginia...

§15-1G-5. Precedence of Medals - The order of precedence for wearing West Virginia medals is...

§15-1G-6. Board of Awards - The Governor, as commander in chief of the West Virginia...

§15-1G-7. Design of Medals - The military awards board of the State of West Virginia...

§15-1G-8. Devices for the Award of Multiple West Virginia Decorations - In the event any person shall render service or perform...

§15-1G-9. Procurement of West Virginia Decorations - The Adjutant General shall annually submit to the Legislature a...

§15-1G-10. West Virginia Veterans Service Decoration; West Virginia Service Cross - [Repealed.]

Article 1H. Morale, Welfare and Recreation Facilities

§15-1H-1. Definitions - As used in this article: (1) "Camp Dawson" means the...

§15-1H-2. Morale, Welfare and Recreation Facilities; Nonappropriated Fund Instrumentalities - (a) The Adjutant General is authorized to establish morale, welfare...

§15-1H-3. Regulations - The Adjutant General shall promulgate regulations for the operation of...

§15-1H-4. Use of Funds - All proceeds derived from the operation of the morale, welfare...

§15-1H-5. Sales to Be Tax Exempt - Any sales of goods made by a canteen or snack...

§15-1H-6. Limitation on Sales - Use of the morale, welfare and recreation facilities provided for...

Article 1I. The Child Protection Act of 2006

§15-1I-1. The Child Protection Act of 2006 - This article and those other amendments and additions to this...

§15-1I-2. Legislative Findings - (a) The purpose of “The Child Protection Act of 2006”...

Article 1J. The West Virginia Military Authority Act

§15–1J-1. Short Title - This article shall be known and may be cited as...

§15-1J-2. Legislative Findings - The Legislature finds that the West Virginia National Guard is...

§15-1J-3. Definitions - As used in this article, unless the content clearly indicates...

§15-1J-4. Establishment and General Powers of the Authority - (a) The West Virginia Military Authority is hereby established to...

§15-1J-5. Employees - (a) The authority shall have the power to hire, administer...

§15-1J-6. Military Authority Reimbursable Expenditure Fund - (a) A special revenue account known as the "Military Authority...

Article 1K. Civil Air Patrol

§15-1K-1. Legislative Findings and Intent - (a) The Legislature hereby makes the following findings: (1) The...

§15-1K-2. Definitions - As used in this article: (1) “Civil Air Patrol leave”...

§15-1K-3. Adjutant General Administration; Expenses of Civil Air Patrol - (a) Due to the nature of its congressionally assigned key...

§15-1K-4. Nondiscrimination by Employer Against Civil Air Patrol Members - (a) An employer may not discriminate against or discharge from...

§15-1K-5. Employer to Provide Leave - (a) An employer shall provide up to a maximum of...

§15-1K-6. Return to Work by Employee - (a) When the employee returns to work, the employer shall...

§15-1K-7. Accrued Benefits Not Lost; Leave Not to Be Used With Other Leave; Rights and Obligations Under Collective Bargaining or Other Agreements - (a) The use of Civil Air Patrol leave under this...

§15-1K-8. Certain Actions by Employer Prohibited - (a) An employer may not interfere with the use of...

§15-1K-9. Action to Enforce Article Authorized - (a) An employee may bring a civil action in the...

Article 2. West Virginia State Police

§15-2-1. Short Title - This article shall be known and may be cited as...

§15-2-2. Superintendent; Departmental Headquarters; Continuation of the State Police - The Department of Public Safety, heretofore established, shall be continued...

§15-2-3. State Police Structure; How Established; Training; Special Revenue Account - (a) The superintendent shall create, appoint and equip the State...

§15-2-4. Appointment of Commissioned Officers, Noncommissioned Officers, Other Members; Temporary and Permanent Positions - (a) The superintendent shall appoint, from the enlisted membership of...

§15-2-5. Career Progression System State; Salaries; Exclusion From Wage and Hour Laws, With Supplemental Payment; Bond; Leave Time for Members Called to Duty in Guard or Reserves - (a) The superintendent shall establish within the West Virginia State...

§15-2-6. Authority to Make Rules for Grievance Procedure - The superintendent shall have continuing authority to propose legislative rules...

§15-2-7. Cadet Selection Board; Qualifications for and Appointment to Membership in State Police; Civilian Employees; Forensic Laboratory Employees; Salaries - (a) The superintendent shall establish within the West Virginia State...

§15-2-8. Chaplains - The superintendent may also appoint for each company not more...

§15-2-9. State Police Voluntary Contribution Fund - (a) The Legislature finds that from the year 1951 to...

§15-2-10. Uniforms; Authorized Equipment, Weapons and Supplies; Local Headquarters; Quarters for Members; Life Insurance; Medical and Hospital Fees for Injuries and Illnesses of Members Incurred in Line of Duty - (a) The standard uniform to be used by the West...

§15-2-10a. Duty to Return Assigned Items; Superintendent's Right of Setoff - (a) Whenever any member of the department of public safety...

§15-2-11. Territorial Jurisdiction - The jurisdiction of the department shall extend anywhere in the...

§15-2-12. Mission of the State Police; Powers of Superintendent, Officers and Members; Patrol of Turnpike - (a) The West Virginia State Police shall have the mission...

§15-2-13. Limitations Upon Members; Exceptions - (a) No member of the West Virginia state police may...

§15-2-14. Oath of Superintendent and Members - The superintendent and each of the other members of the...

§15-2-15. State Police Child Abuse and Neglect Investigations Unit - (a) The superintendent shall maintain a special unit of the...

§15-2-16. Interference With Officers or Members; False Information; Penalty - Any person who shall at any time intercept, molest or...

§15-2-17. Unauthorized Use of Uniform, Badge or Other Insignia; Impersonation of Member; Penalty - Every person who is not a member of the department...

§15-2-18. Officers or Members Failure to Perform Duties; General Penalty; Providing Extraordinary Police or Security Services by Contract - (a) Any officer or member of the State Police who...

§15-2-19. Bribing, etc., Officers or Members; Penalty - If any person, firm or corporation shall give or offer...

§15-2-20. Transfer Authorized; Use for Disciplinary Purposes Prohibited; Notice Required Under Certain Circumstances; Relocation Expense; Regulation of Member's Residence - The superintendent may transfer members to meet the operational needs...

§15-2-21. Suspension, Demotion or Discharge of Members; Right of Appeal - The superintendent may suspend, demote in rank or discharge from...

§15-2-22. Assignment of Assistant Attorney General; Employment of Legal Counsel - (a) The Attorney General may, upon request of the superintendent,...

§15-2-23. Duties of Superintendent as to Statistics, Aliens and Labor Conditions - The superintendent of the department of public safety is authorized...

§15-2-24. Criminal Identification Bureau; Establishment; Supervision; Purpose; Fingerprints, Photographs, Records and Other Information; Reports by Courts and Prosecuting Attorneys; Offenses and Penalties - (a) The superintendent of the department shall establish, equip and...

§15-2-24a. National Crime Prevention and Privacy Compact - The Legislature of West Virginia approves and ratifies the National...

§15-2-24b. Fees for Certain Fingerprinting Services; Dedication of Fees - In addition to any fees that may be established or...

§15-2-24c. Relationship With Marshall University Forensic Science Center - (a) The Forensic Analysis Laboratory of the Marshall University Forensic...

§15-2-24d. State Police Forensic Laboratory Fund - The State Police Forensic Laboratory Fund is hereby created within...

§15-2-25. Rules Generally; Carrying of Weapons Upon Retirement or Medical Discharge - Subject to the written approval of the Governor and the...

§15-2-25a. Meaning of Terms - Any term used in this article relating to the Death,...

§15-2-25b. Definitions - As used in this article, unless the context clearly requires...

§15-2-26. Continuation of Death, Disability and Retirement Fund; Designating the Consolidated Public Retirement Board as Administrator of Fund - (a) There is continued the Death, Disability and Retirement Fund...

§15-2-27. Retirement; Awards and Benefits; Leased Employees - (a) The board shall retire any member of the fund...

§15-2-27a. Retirement Annual Annuity Adjustments - (a) Every retirant of the fund who is fifty-five years...

§15-2-28. Credit Toward Retirement for Member's Prior Military Service; Credit Toward Retirement When Employee Has Joined Armed Forces in Time of Armed Conflict; Qualified Military Service - (a) For purposes of this section, the term "active military...

§15-2-29. Awards and Benefits for Disability Incurred in Performance of Duty - (a) Any member of the fund who has not yet...

§15-2-30. Awards and Benefits for Disability Due to Other Causes - (a) If any employee who has served less than twenty...

§15-2-31. Disability Physical Examinations; Termination - (a) The board may require any retirant who has been...

§15-2-31a. Application for Disability Benefit; Determinations - (a) Application for a disability benefit may be made by...

§15-2-31b. Annual Report on Disability Retirement Experience - Not later than January 1, 2006, and each January 1...

§15-2-32. Retirant Not to Exercise Police Authority; Retention of Group Insurance - A retirant may not exercise any of the powers conferred...

§15-2-33. Awards and Benefits to Dependents of Member When the Member Dies in Performance of Duty; to Dependents of a Duty Disability Retirant; Dependent Child Scholarship and Amount - (a) The surviving spouse or the dependent child or children...

§15-2-33a. Awards and Benefits to Dependents of Member -- Termination - When any surviving spouse of a member shall die or...

§15-2-34. Awards and Benefits to Dependents of Employee When the Employee Dies From Nonservice-Connected Causes - (a) If an employee of the agency, before having completed...

§15-2-35. Awards and Benefits to Dependents of Retirant or After an Employee Serves Twenty Years - (a) When any employee of the agency has completed twenty...

§15-2-35a. Authority to Continue Payments to Certain Dependents - The board may continue payments of a surviving spouse's entitlement...

§15-2-36. Awards and Benefits to Dependents of Member -- Termination - When any surviving spouse of a member shall die or...

§15-2-37. Refunds to Certain Employees Upon Discharge or Resignation; Deferred Retirement - (a) Any employee who is discharged by order of the...

§15-2-38. Refund to Dependents Upon Death of Member Not Eligible for Benefits - If any member dies and the board is of the...

§15-2-39. Dependent Child or Children - In any case where under the terms of this article...

§15-2-39a. Limitations on Benefit Increases - (a) The state shall not increase any existing benefits or...

§15-2-40. Commission on Drunk Driving Prevention Created; Members; Quorum; Meetings - There is hereby created within the department of public safety...

§15-2-41. Powers and Duties of Commission; Rule-Making Authority; Monitoring and Reporting - The commission shall have the following powers and duties: (a)...

§15-2-42. Drunk Driving Enforcement Program Established; Purpose - The superintendent of the department shall establish and maintain a...

§15-2-43. Awarding Service Revolver Upon Retirement and Disposal of Service Weapon When Replaced Due to Routine Wear - (a) Upon the retirement of a member of the West...

§15-2-44. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§15-2-45. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...

§15-2-46. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...

§15-2-47. Federal Qualification Requirements - This retirement system is intended to meet the requirements of...

§15-2-48. Specification of Actuarial Assumptions - The board shall specify and adopt all actuarial assumptions for...

§15-2-49. Benefits Not Forfeited if System Terminates - If the fund is terminated or contributions are completely discontinued,...

§15-2-51. State Police Reemployment - (a) The Legislature finds: (1) That the West Virginia state...

§15-2-52. Termination of Benefits; Procedures - (a) Whenever the board determines that a person seeking benefits...

§15-2-53. State Law-Enforcement Association Members Annual Leave Program - (a) Notwithstanding any provision of this code to the contrary,...

§15-2-54. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...

§15-2-55. Referral Program for Substance Abuse Treatment - (a) The State Police shall create a program and may,...

§15-2-56. Handle With Care Program - (a) The purpose of this section is to ensure that...

Article 2A. West Virginia State Police Retirement System

§15-2A-1. Short Title - This article shall be known and may be cited as...

§15-2A-2. Definitions - As used in this article, unless the context clearly requires...

§15-2A-3. Continuation and Administration of West Virginia State Police Retirement System; Leased Employees; Federal Qualification Requirements - (a) The West Virginia State Police Retirement System is continued....

§15-2A-4. Participation in System; Continuation of Fund - The West Virginia State Police Retirement Fund is continued for...

§15-2A-4a. Specification of Actuarial Assumptions - The board shall specify and adopt all actuarial assumptions for...

§15-2A-5. Employee Contributions; Employer Contributions; Forfeitures - (a) There shall be deducted from the monthly payroll of...

§15-2A-6. Retirement; Commencement of Benefits - (a) A member may retire with full benefits upon attaining...

§15-2A-6a. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§15-2A-6b. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...

§15-2A-6c. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...

§15-2A-6d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions - (a) This section applies to rollovers and transfers as specified...

§15-2A-7. Annual Annuity Adjustment - (a) Every retirant of the fund who is sixty-three years...

§15-2A-8. Refunds to Certain Members Upon Discharge of Resignation; Deferred Retirement - (a) Any employee who is discharged by order of the...

§15-2A-9. Awards and Benefits for Disability -- Incurred in Performance of Duty - (a) Any employee of the agency who has not yet...

§15-2A-10. Same -- Due to Other Causes - (a) If any employee while in active service of the...

§15-2A-11. Same -- Physical Examinations; Termination - (a) The board may require any disabled retirant to submit...

§15-2A-11a. Physical Examinations of Prospective Members; Application for Disability Benefit; Determinations - (a) Not later than thirty days after an employee becomes...

§15-2A-11b. Annual Report on Each Employer's Disability Retirement Experience - Not later than January 1, 2006, and each January 1...

§15-2A-12. Awards and Benefits to Dependents of Employees or Retirants - When Employee Dies in Performance of Duty, etc.; Dependent Child Scholarship and Amount - (a) The surviving spouse, the dependent child or children or...

§15-2A-13. Same -- When Member Dies From Nonservice-Connected Causes Before Serving Twenty Years - (a) In any case where an employee while in active...

§15-2A-14. Awards and Benefits to Dependents of Member -- When Member Dies After Retirement or After Serving Twenty Years - (a) When any employee of the agency has completed twenty...

§15-2A-15. Exemption From Taxation, Garnishment and Other Process; Exception for Certain Qualified Domestic Relations Orders - The moneys in the fund and the right of a...

§15-2A-16. Fraud; Penalties - Any person who knowingly makes any false statement or who...

§15-2A-17. Awards and Benefits to Dependents of Member -- Termination - When any surviving spouse of a member or retirant dies...

§15-2A-18. Authority to Continue Payments to Certain Dependents - The board may continue payments of a surviving spouse's entitlement...

§15-2A-19. Credit Toward Retirement for Member's Prior Military Service; Credit Toward Retirement When Member Has Joined Armed Forces in Time of Armed Conflict; Qualified Military Service - (a) Any member who has previously served on active military...

§15-2A-20. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...

§15-2A-21. Retirement Credited Service Through Member's Use, as Option, of Accrued Annual or Sick Leave Days - Any member accruing annual leave or sick leave days may,...

§15-2A-22. Limitations on Benefit Increases - (a) The state will not increase any existing benefits or...

§15-2A-23. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...

Article 2B. DNA Data

§15-2B-1. Short Title - This article may be cited as the "DNA Database and...

§15-2B-2. Policy - It is the policy of this state to assist federal,...

§15-2B-3. Definitions - As used in this article: (1) "CODIS" means the Federal...

§15-2B-4. Division of Public Safety to Establish and Administer DNA Identification System; Inspection of Laboratories - (a) The division shall establish a DNA identification system consisting...

§15-2B-5. Authority of Division to Enter Into Cooperative Agreements - The division may enter into cooperative agreements with public or...

§15-2B-6. DNA Sample Required for DNA Analysis Upon Conviction; DNA Sample Required for Certain Prisoners - (a) Any person convicted of an offense described in §61-2-1,...

§15-2B-7. Tests to Be Performed on DNA Sample - The tests to be performed on each DNA sample shall...

§15-2B-8. Maintenance of DNA Samples and Records - DNA records and samples shall be stored and maintained by...

§15-2B-9. Procedures for Withdrawal of Blood Sample for DNA Analysis and for Conducting Analysis - (a) Upon incarceration, the Division of Corrections, regional jails and...

§15-2B-10. DNA Database Exchange - (a) The West Virginia State Police shall receive DNA samples,...

§15-2B-11. Expungement - (a) Any person convicted of a qualifying offense whose DNA...

§15-2B-12. Confidentiality; Unauthorized Uses of DNA Databank; Penalties - (a) All DNA profiles and samples submitted to the West...

§15-2B-13. Neglect of Duties; Destruction of Samples; Penalties - (a) Any person who neglects or refuses to do or...

§15-2B-14. Right to DNA Testing - (a) A person convicted of a felony currently serving a...

§15-2B-15. Collection of Fees to Cover the Cost of DNA Profile Entry Into the DNA Database and DNA Databank; Cost of Collecting and Analyzing DNA Sample - For persons convicted after July 1, 2011, a mandatory fee...

§15-2B-16. Partial Matches and the DNA Database - The division may use the data in the DNA database...

Article 2C. Central Abuse Registry

§15-2C-1. Definitions - The following terms when used in this article have meanings...

§15-2C-2. Central Abuse Registry; Required Information; Procedures - (a) The Criminal Identification Bureau of the West Virginia State...

§15-2C-3. Reports of Certain Convictions by Prosecuting Attorneys - (a) The central abuse registry shall maintain information relating to...

§15-2C-4. Disclosure of Information - (a) The information contained in the central abuse registry is...

§15-2C-5. Expungement of Registry Listing - Registry listings of abuse, neglect or misappropriation of property with...

§15-2C-6. Fees - The criminal identification bureau may charge, and any requester shall...

§15-2C-7. Registration of Home Care Agencies Required; Form of Registration; Information to Be Provided - (a) In order to permit providers of home care services...

§15-2C-8. Service Provider Responsibilities - All residential care facilities, day care centers, providers to adults...

§15-2C-9. Responsibilities of a Qualified Entity - (a) Any business, agency or organization that provides care, treatment,...

Article 2D. Division of Protective Services

§15-2D-1. Legislative Findings - The Legislature finds and declares that citizens, state employees and...

§15-2D-2. Division Established; Purpose; Appointment and Qualifications of Director - (a) The state facilities protection division within the Department of...

§15-2D-3. Duties and Powers of the Director and Officers - (a) The director is responsible for the control and supervision...

§15-2D-4. Oath of Office - (a) The director and each member of the division shall...

§15-2D-5. Application of Article - (a) The provisions of this article shall not apply to...

§15-2D-7. Security Enforcement Fund - There is hereby created in the state Treasury a special...

§15-2D-8. Awarding Service Weapon Upon Retirement of Division of Protective Services Member - (a) Upon the retirement of a member of the Division...

Article 2E. State Police Academy Post Exchange

§15-2E-1. Definitions - As used in this article: (1) "Certain limited items" means...

§15-2E-2. Post Exchange Authorized - Notwithstanding any other provision of this code to the contrary,...

§15-2E-3. Operation of Post Exchange - (a) The State Police post exchange may offer items for...

§15-2E-4. Creation of Special Account - All moneys collected from operation of the post exchange and...

§15-2E-5. Use of Funds From Post Exchange Revenue - All proceeds derived from the operation of the post exchange...

§15-2E-6. Post Exchange Reporting Requirements - The superintendent shall complete and submit to the Governor and...

§15-2E-7. Legislative Rules - The superintendent may propose rules for legislative approval in accordance...

Article 3. Communication Systems for Police Purposes

§15-3-1. Communication System for Department of Public Safety - The superintendent of the department of public safety is authorized...

§15-3-2. Radio Transmitters Operating on the State Police Frequency - No person in this state shall operate any radio transmitter...

§15-3-3. Use of Police Radio Stations - The superintendent of the department of public safety shall broadcast...

§15-3-4. Priority of Calls to Police Radio Stations - Every telegraph and telephone company operating in this state shall...

§15-3-5. Use of Information Obtained by Interceptions of Transmissions on Department of Public Safety Communications System Forbidden; Penalties - No person shall intercept any message or transmission made on...

§15-3-6. Location of Police Radio Stations - The superintendent of the department of public safety is empowered...

§15-3-7. Staffs of Police Radio Stations - The superintendent of the department of public safety may employ,...

§15-3-8. Superintendent to Make Rules and Regulations to Carry Out Article - The superintendent of the department of public safety shall have...

§15-3-9. Jurisdiction of Justices to Enforce Article - Justices of the peace shall have concurrent jurisdiction with other...

§15-3-10. Disclosure of Location Information; Emergency Situations - (a) Upon request of a law-enforcement agency, a wireless telecommunications...

Article 3A. Amber Alert Plan

§15-3A-1. Short Title - This article shall be known and may be cited as...

§15-3A-2. Findings and Determinations Relative to &Quot;amber's Plan" - (a) The Legislature finds and determines that: (1) Public alerts...

§15-3A-3. Establishment of &Quot;amber's Plan" - (a) The secretary of the Department of Military Affairs and...

§15-3A-4. Activation of Amber Alert - (a) The following criteria shall be met before the State...

§15-3A-5. Notice to Participating Media; Broadcast of Alert - (a) The participating media shall voluntarily agree, upon notice from...

§15-3A-6. Guidelines; Procedural Rules - The secretary may adopt guidelines and procedural rules to effectuate...

§15-3A-7. Providing for the Use of Video Image Recording Devices for Search Purposes During an Amber Alert or Silver Alert Activation - (a) The State Police and the Division of Highways shall...

Article 3B. Silver Alert Plan

§15-3B-1. Short Title - This article shall be known and may be cited as...

§15-3B-2. Findings and Declarations Relative to &Ldquo;silver Alert Plan” - (a) The Legislature finds that: (1) Public alerts can be...

§15-3B-3. Establishment of &Ldquo;silver Alert” Program - (a) The Secretary of the Department of Military Affairs and...

§15-3B-4. Activation of Silver Alert - The following criteria shall be met before the State Police...

§15-3B-5. Notice to Participating Media; Broadcast of Alert - (a) To participate, the media may agree, upon notice from...

§15-3B-6. Aid to Missing Cognitively Impaired Adult or Senior Citizen; Immunity From Civil or Criminal Liability - No person or entity who in good faith follows and...

Article 3C. Blue Alert Plan

§15-3C-1. Short Title - This article shall be known and may be cited as...

§15-3C-2. Findings and Declarations Relative to the "Blue Alert Plan" - (a) The Legislature finds that: (1) Public alerts can be...

§15-3C-3. Establishment of "Blue Alert" Program - (a) The Superintendent of the West Virginia State Police shall...

§15-3C-4. Activation of Blue Alert - The following criteria shall be met before the West Virginia...

§15-3C-5. Notice to Participating Media; Broadcast of Alert - (a) To participate, the media may agree, upon notice from...

§15-3C-6. Immunity From Civil or Criminal Liability - No person or entity who, in good faith, follows and...

§15-3C-7. Guidelines; Procedural Rules - The Superintendent may adopt guidelines and procedural rules to effectuate...

Article 3D. Missing Persons Act

§15-3D-1. Short Title - This article shall be known and may be cited as...

§15-3D-2. Findings - The Legislature finds that: (1) The ability of law-enforcement agencies...

§15-3D-3. Definitions - For the purposes of this article: (1) "CODIS" means the...

§15-3D-4. Missing Persons Complaints; Law-Enforcement Procedures - (a) Complaint requirements. A person may file a missing persons...

§15-3D-5. Missing Persons Investigation Requirements - (a) A law-enforcement agency may not delay an investigation of...

§15-3D-6. Reporting and Handling of Unidentified Human Remains - (a) If a law-enforcement officer or other official discovers or...

§15-3D-7. Identification of Human Remains - (a) The Chief Medical Examiner or county medical examiner, whichever...

§15-3D-8. Filing a False Missing Persons Complaint; Criminal Penalties - A person who knowingly and willfully files a false missing...

§15-3D-9. Missing and Endangered Child Advisory System; Definitions; Rule-Making Authority - (a) There is hereby created an advisory system, referred to...

Article 3E. Creation of a Statewide Green Alert Plan

§15-3E-1. Short Title - This article shall be known and may be cited as...

§15-3E-2. Findings and Declarations Relative to Green Alert Plan - (a) The Legislature finds that: (1) According to the U.S....

§15-3E-3. Establishment of Green Alert Plan - (a) The Superintendent of the West Virginia State Police shall...

§15-3E-4. Activation of Green Alert - The following criteria shall be met before the West Virginia...

§15-3E-5. Notice to Participating Media; Broadcast of Alert - (a) To participate, the media may agree, upon notice from...

§15-3E-6. Aid to Missing At-Risk Veteran; Immunity From Civil or Criminal Liability - No person or entity who, in good faith, follows and...

§15-3E-7. Guidelines; Procedural Rules - The superintendent may adopt guidelines and procedural rules to effectuate...

Article 4. West Virginia State Guard

§15-4-1. Governor Authorized to Organize and Maintain West Virginia State Guard - Whenever any part of the National Guard of this state...

§15-4-2. Rules and Regulations - The Governor is hereby authorized to prescribe rules and regulations...

§15-4-3. Pay and Allowances - The pay for officers and enlisted men of the West...

§15-4-4. Arms and Equipment; Use of State Armories, etc. - For use of such forces, the Governor is hereby authorized...

§15-4-5. Service Limited to State, Except as to Fresh Pursuit; Apprehension of Persons in Another State - Such forces shall not be required to serve outside the...

§15-4-6. Pursuit and Apprehension of Certain Persons in This State by Military Forces of Another State - Any military forces or organization, unit or detachment thereof, of...

§15-4-7. Status of Forces and Members Thereof With Regard to Federal Service - Nothing in this article shall be construed as authorizing such...

§15-4-8. Civil Organizations, etc., Not to Be Enlisted as Unit - No civil organization, society, club, post, order, fraternity, association, brotherhood,...

§15-4-9. Disqualifications - No person shall be commissioned or enlisted in such forces...

§15-4-10. Oath of Officers - The oath to be taken by officers commissioned in such...

§15-4-11. Term of Enlistment; Oath of Enlisted Men - No person shall be enlisted for more than one year...

§15-4-12. Articles of War to Apply as to Court-Martial, etc.; Freedom From Arrest; Jury Duty - (a) Whenever such forces or any part thereof shall be...

§15-4-13. Citation of Article - This article may be cited as the "West Virginia State...

Article 5. Division of Homeland Security and Emergency Management

§15-5-1. Policy and Purpose - In view of the existing and increasing possibility of the...

§15-5-2. Definitions - As used in this article: "Board" means the West Virginia...

§15-5-3. Division of Emergency Management Created - (a) The Division of Homeland Security and Emergency Management is...

§15-5-4. West Virginia Disaster Recovery Board Created; Organization of Board; Appointment of Board Members; Term of Office and Expenses of Board Members; Meetings - [Repealed.]

§15-5-4b. West Virginia Disaster Recovery Trust Fund Disbursement - Upon the proclamation of the existence of a state of...

§15-5-4c. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund - The State Resiliency Officer is hereby granted, has and may...

§15-5-5. General Powers of the Governor - The Governor shall have general direction and control of the...

§15-5-6. Emergency Powers of Governor - (a) The provisions of this section are operative only during...

§15-5-6a. Temporary Suspension of Nutrition Standards in Public Schools - This section is operative only during the existence of a...

§15-5-7. Mobile Support Units - The Governor or his duly authorized representative may create and...

§15-5-8. Local Organization for Emergency Services - Each political subdivision of this state is hereby authorized and...

§15-5-9. Mutual Aid Agreements - The director of each local organization for emergency services may,...

§15-5-10. Regional Organizations for Emergency Services - Regional organizations for emergency services may be established in the...

§15-5-11. Immunity and Exemption; &Quot;duly Qualified Emergency Service Worker" Defined - (a) All functions hereunder and all other activities relating to...

§15-5-12. Liability to Sheltered Persons - Any person owning or controlling real estate or other premises...

§15-5-13. Appropriations; Acceptance of Services, Gifts, Grants, and Loans - (a) Each political subdivision shall have the power to make...

§15-5-14. Political Activity of Emergency Service Organizations - No organization for emergency services established under the authority of...

§15-5-15. Emergency Service Personnel - (a) No person may be employed or associated in any...

§15-5-15a. Paid Leave for Disaster Service Volunteers - Any state employee who is a certified disaster service volunteer...

§15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency - (a) Any state employee who is designated an essential member...

§15-5-16. Utilization of Existing Services and Facilities - In carrying out the provisions of this article, the Governor,...

§15-5-17. Enforcement - It shall be the duty of every organization for emergency...

§15-5-18. Arrest by Peace Officer Without Warrant - A peace officer, when in uniform or displaying a badge...

§15-5-19. Unorganized Militia - The unorganized militia shall, at the call of the Governor,...

§15-5-19a. Possession of Firearms During a Declared State of Emergency - (a) During a federal or state declared state of emergency,...

§15-5-19b. Criminal Penalties for Using Automated Telephone Calls to Disseminate False, Misleading or Deceptive Information Regarding Matters Effecting or Effected by a Proclaimed State of Emergency or State of Preparedness - (a) Any person or entity who, during a state of...

§15-5-20. Disaster Prevention - (a) In addition to disaster prevention measures as included in...

§15-5-20a. Floodplain Manager Training - (a) Community participation in the National Flood Insurance Program is...

§15-5-20b. Continuation of the State Office of the National Flood Insurance Program; Transfer to the Division of Emergency Management; Funding; Responsibilities - (a) The Legislature, finding that the National Flood Insurance Program...

§15-5-21. Communications - The Office of Emergency Services shall ascertain what means exist...

§15-5-22. Emergency Management Assistance Compact - The "Emergency Management Assistance Compact" is hereby approved, ratified, adopted,...

§15-5-23. Severability; Conflicts - (a) If any section, subsection, subdivision, provision, clause or phrase...

§15-5-24. Disaster Recovery Trust Fund; Disbursement of Funds - (a) There is hereby created a special trust fund which...

§15-5-25. Prohibition on Funds Inuring to the Benefit of or Being Distributable to Members, Officers or Private Persons - No portion of the recovery fund shall inure to the...

§15-5-26. Tax Exemption - The State Resiliency Officer shall not be required to pay...

§15-5-27. Annual Report - [Repealed.]

§15-5-28. Statewide Mutual Aid System - (a) The Legislature hereby finds that emergencies transcend political jurisdictional...

§15-5-29. Cooperation With State Resiliency Office - Notwithstanding any other provision of this code to the contrary,...

§15-5-30. State of Emergency; State of Preparedness; Essential Workers - (a) During a state of emergency or state of preparedness,...

Article 5A. West Virginia Emergency Response and Community Right-to-Know Act

§15-5A-1. Declaration of Purpose - The Legislature recognizes that Title III of the Superfund Amendments...

§15-5A-2. Jurisdiction of West Virginia Emergency Response Commission - The state emergency response commission shall have within its jurisdiction...

§15-5A-3. Definitions - Unless the context in which used clearly requires a different...

§15-5A-4. State Emergency Response Commission Created; Composition and Organization, Qualifications, Terms, Removal, Compensation, Meetings - (a) There is hereby created the state emergency response commission....

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West Virginia Code Chapter 15. Public Safety

West Virginia Code
Chapter 15. Public Safety