Senate Bill No. 750
(By Senators Prezioso, Bailey, Dittmar and Buckalew)
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[Originating in the Committee on Military;
reported February 27, 1998.]
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A BILL to amend and reenact section eighty-seven, article one-e,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to creating a
state offense of absence without leave; and penalty.
Be it enacted by the Legislature of West Virginia:
That section eighty-seven, article one-e, chapter fifteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1E. CODE OF MILITARY JUSTICE.
PART X. PUNITIVE SECTIONS.
§15-1E-87. Absence without leave.
(a) Any person subject to this article who, without
authority:
(1) Fails to go to his or her appointed place of duty at the
time prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or
her
unit, organization or place of duty at which he or she
is
required to be at the time prescribed; shall be punished as a
court-martial may direct.
(b) In addition, the offense committed under subsection (a)
of this section, constitutes a misdemeanor triable in the
criminal courts of this state. Any person convicted hereunder
shall be sentenced to confinement in the county or regional jail
as follows: (1) One day for each unit training assembly from
which the person
was absent without leave; or (2) one day for
each day of annual training or other duty from which the person
was absent without leave.
These sentences are mandatory and shall not be subject to
suspension, probation, reduction or home confinement.
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(NOTE:
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)