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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 44-75.1 of the Code of Virginia is amended and reenacted as follows:
§ 44-75.1. Militia state active duty.
The Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances:
1. In the event of invasion or insurrection or imminent threat of either;
2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;
3. When the Governor determines that a state agency or agencies having law-enforcement responsibilities are in need of assistance to perform particular law-enforcement functions, which functions he shall specify in his call to the militia;
4. In the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled;
5. In emergencies of lesser magnitude than those described in subdivision 4, including but not limited to the disruption of vital public services, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth;
6. When the Governor determines that the National Guard and its assets would
be of valuable assistance to state, local or federal agencies having a drug
law-enforcement function to combat the flow of or use of illegal drugs in the
Commonwealth, he may provide for the National Guard or any part thereof to
support drug interdiction, counterdrug and demand reduction activities within
the Commonwealth, or outside the Commonwealth under the National Guard Mutual
Assistance Counterdrug Activities Compact. In calling forth the National
Guard under this section, the Governor shall specify the type of support that
the National Guard shall undertake with state, local or federal
law-enforcement agencies. Once called forth by the Governor, the National
Guard is also specifically authorized to enter into mutual assistance and
support agreements with any law-enforcement agencies, state or federal,
operating within or outside this Commonwealth so long as those activities are
consistent with the Governor's call. All activities undertaken by the
National Guard in the areas of drug interdiction, counterdrug and drug demand
reduction shall be reported by the Adjutant General's office to the Governor
and reviewed by the Governor no less frequently than every three
months.;
7. When the Governor or his designee, in consultation with the Adjutant General, determines that the militia or any part thereof is in need of specific training to be prepared for being called forth for any of the circumstances expressed in subdivisions 1 through 6 above. Such training may be conducted with a state or federal agency or agencies having the capability or responsibility to coordinate or assist with any of the circumstances set forth in subdivisions 1 through 6 above.