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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 44-41.1 of the Code of Virginia is amended and reenacted as follows:
§ 44-41.1. Failure to report; etc.
If any person, being an active member of the Virginia National
Guard, in violation of valid orders, fails to initially report for annual
active to his appointed place of duty at the appointed time of duty
training under Title 32 of the United States Code or for state active
duty, or having initially reported absents himself from his unit
without leave, upon warrant issued, after hearing, by a summary
court-martial, such person shall be taken into custody by military personnel of
the Virginia National Guard, or by any State Police Officer or local
law-enforcement officer listed in § 44-50, and be forthwith returned to his
assigned unit by such military personnel, or held by the State Police or by
such local law-enforcement officers until such time as he is taken into custody
by military personnel. If taken into custody by the State Police or by local
law-enforcement officers, he shall be afforded reasonable opportunity to make
bail or recognizance as provided in Chapter 9 (§ 19.2-119 et seq.) of Title
19.2. In no case shall he be held in custody by the State Police or by such
local law-enforcement officers in excess of twenty-four hours. Upon return to
his assigned unit, such person shall be subject to disciplinary proceedings.
If any active member of the Virginia National Guard fails
to report for scheduled inactive duty training, he may, in the same manner, be
taken into custody and returned to his unit where he shall be subject to
disciplinary proceedings he shall be guilty of a Class 4 misdemeanor.
A warrant for such offense may be sworn by any officer of the unit to which the
soldier or airman who failed to report, or absented himself, is assigned. Any
such warrant shall be withdrawn upon the written request of the soldier or
airman's commanding officer.