WVC 15 -
CHAPTER 15. PUBLIC SAFETY.
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ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
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§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
government hired for permanent employment who is a member of the
National Guard or armed forces reserve, is entitled to a military
leave of absence from his or her respective office or employment
without loss of pay, status or efficiency rating, on the days
during which he or she is ordered, by properly designated
authority, to be engaged in drills, inactive duty training,
parades, funeral details, service schools or other duty, during
business hours, field training, annual training or other full-time
National Guard duty pursuant to Title 10 or Title 32 of the United
States Code, or active service of the state, for a maximum period
of thirty working days, not to exceed two hundred forty hours in
any one calendar year.
(b) Any officer or employee of state, county or municipal
government hired for permanent employment ordered or called to
active duty for a mobilization or deployment under Title 10 of the
United States Code or in support of a contingency operation as
defined in 10 U.S.C. §101(a)(13) by the properly designated
federal authority is entitled to a military leave of absence from
his or her respective office or employment without loss of pay,
status or efficiency rating for a maximum period of thirty working
days, not to exceed two hundred forty hours for a single call to
active duty: Provided, That an officer or employee of state, county or municipal government called to active duty who has not used all
or some portion of the thirty working days of military leave of
absence granted by subsection (a) of this section is entitled to
add the number of unused days from that calendar year to the thirty
working days, not to exceed two hundred forty hours granted by this
subsection, up to a maximum of sixty days for a single call to
active duty: Provided, however, That none of the unused days of
military leave of absence granted by subsection (a) of this section
may be carried over and used in the next calendar year.
(c) The term "without loss of pay" means that the officer or
employee shall continue to receive his or her normal salary or
compensation, notwithstanding the fact that the officer or employee
may have received other compensation from federal or state sources
during the same period.
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§15-1F-1a. Educational leave of absence for active duty.
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 institution in which the member is
enrolled shall grant the member a military leave of absence from
their education. Persons on military leave of absence from their
educational institution shall be entitled, upon release from
military duty, to be restored to the educational status they had
attained prior to their being ordered to military duty without loss
of academic credits earned, scholarships or grants awarded or
tuition and other fees paid prior to the commencement of the
military duty. It shall be the duty of the educational institution
to refund tuition or fees paid or to credit the tuition and fees to
the next semester or term after the termination of the educational
military leave of absence at the option of the student. The
provisions of this section shall not supercede federal laws, rules
and regulations at the time of the military leave of absence.
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§15-1F-1b. Tolling of the running of any licensure or registration
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 Guard or other reserve component of the
armed services of the United States until sixty days after the
return of the member from active duty: Provided,
That the service
member shall be granted a period of time equal to the period of
active duty to fulfill any continuing education requirements needed
for licensure or registration.
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§15-1F-2. Suits against officers or persons acting under military
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 of any such officer, or by
virtue of any warrant issued by him pursuant to law, the court
shall, upon motion of the defendant, when it has been made to
appear to the court by affidavit, or otherwise, that the act done
is such as hereinbefore set forth, require the person prosecuting
or instituting the suit or proceeding to file security for the
payment of costs that may be incurred by the defendant therein.
This security shall be by bond payable to the state, with surety
to be approved by the clerk of the court, in a penalty equal to
six times the costs incurred and likely to be incurred by the
defendant, but in no case shall such bond be for a penalty less
than five hundred dollars. The court before whose clerk such bond
is given, may, on motion by a defendant, give judgment for so
much as he is entitled to by virtue of such bond under the
provisions of this section. If such security for costs be not
given within sixty days from the time the same is required by the
court to be given, the suit or proceeding shall, by order of the
court, be dismissed. In case any suit or proceeding shall be
dismissed for failure to give security for costs, then the
defendant shall recover three times the amount of the costs
incurred by him. In all such cases as are referred to in this section the defendant may make a general denial and give the
special matter in evidence.
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§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
guard, or any person lawfully aiding them in the performance of
any duty required under the provisions of this article, who is
indicted or sued for any injury to person or property in
endeavoring to perform such duty, shall have the right, and it is
hereby made the duty of the court in which such indictment or
suit is pending, upon the application of any person so indicted
or sued, to remove the trial of the indictment or suit to some
county free from exception.
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§15-1F-4. Arrest of persons belonging to state military forces.
No person belonging to the military forces of the state,
while performing military duty under proper orders, shall be
arrested on civil process, nor shall any person belonging to the
military forces of the state, while performing military duty
under proper orders, be arrested on criminal process, except upon
process from a circuit or criminal court or a judge thereof in
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§15-1F-5. Unlawful conversion of military property.
Whoever shall secrete, sell or dispose of, or offer for
sale, or purchase, knowing the same to be such, retain after
proper demand is made, or in any manner pawn or pledge, any
military property, which shall have been issued under the
provisions of this article, shall be guilty of a misdemeanor,
and, in addition to the punishment provided for misdemeanors in
this article, shall forfeit to the state twice the amount or cost
of the property so secreted, sold, disposed of, offered for sale,
or purchased, retained after proper demand has been made, pawned
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§15-1F-6. Unlawful wearing of uniforms.
Any person who shall wear any uniform or any device, strap,
knot, or insignia of any design or character, used as a
designation of grade, rank or officer, such as are by law or
regulations, duly promulgated, prescribed for the use of the
national guard, or similar thereto, except members of the army or
navy of the United States or the national guard of this or any
other state, members of associations wholly composed of soldiers
honorably discharged from the service of the United States, or
the members of the order of sons of veterans, shall be guilty of
a misdemeanor, and, on conviction thereof, shall be fined not
less than ten nor more than one hundred dollars; and any member
of the national guard who shall, when not on duty, wear any such
uniform or equipment issued by the state without the permission
of his commanding officer, shall be subject to a fine of not more
than fifty dollars.
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§15-1F-7. Unlawful military organizations.
(a) It is unlawful for any body of individuals other than the
regularly organized National Guard or the troops of the United
States, to associate themselves together as a military company or
organization in this state.
(b) Notwithstanding subsection (a) of this section, the
Governor may grant permission to public or private schools of the
state to organize themselves into companies of cadets, and may
furnish the cadets, under proper restrictions, obsolete ordnance
stores and equipment owned by the state that are not in use by the
(c) It is not a violation of this section for a group of
individuals to associate as a military company or organization for
historical, artistic or fictional performances; or, for an
individual or group of individuals to drill, perform or parade at
public ceremonies, including funerals.
(d) A person who violates subsection (a) of this section, or
belongs to or parades with a body of individuals with arms
violating subsection (a) of this section, is guilty of a
misdemeanor and, upon conviction, shall be fined not more than $100
or confined in jail for not more than six months.
§15-1F-8. Reemployment rights of members of the organized militia.
Members of the organized militia in the active service of the state or another state shall be entitled to the same reemployment rights granted to members of the reserve components of the Armed Forces of the United States by applicable federal law, including rights protected by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended, 38 U. S. C. §§ 4301-4334.
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§15-1F-8. Reemployment rights of members of the organized militia.
Members of the organized militia in the active service of the
state shall be entitled to the same reemployment rights granted to
members of the reserve components of the armed forces of the United
States by applicable federal law.
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§15-1F-9. General penalty; jurisdiction under article.
A person convicted of a crime declared by this article to be
a misdemeanor shall, unless otherwise provided, be punished by a
fine of not more than five hundred dollars, or by imprisonment in
the county jail for not more than one year, or by both. Any
circuit, intermediate, criminal court, or justice of the peace
shall have jurisdiction over offenses enumerated in this article.
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§15-1F-10. Selective service registration and compliance.
(a) A person may not enroll in a state-supported institution
of postsecondary higher education unless he is in compliance with
the Military Selective Service Act, 50 U. S. C. Appendix §451, et
seq., and the amendments thereto.
(b) A person may not receive a loan, grant, scholarship or
other financial assistance for postsecondary higher education
funded by state revenue, including federal funds or gifts and
grants accepted by this state, or receive a student loan guaranteed
by the state unless he is in compliance with the Military Selective
(c) No male person who has attained the age of eighteen years
who fails to be in compliance with the Military Selective Service
Act is eligible for employment by or service with the state or
a political subdivision of the state, including all boards,
commissions, departments, agencies, institutions and
(d) It is the duty of all officials having charge of and
authority over the hiring of employees by the state or political
subdivisions, and over state-supported institutions of
postsecondary higher education, and over the granting of state
supported financial assistance for postsecondary higher education
as described in this section to assure themselves that applicants are in compliance with the Military Selective Service Act.
(e) A person may not be denied a right, privilege or benefit
under this section by reason of failure to present himself for and
submit to the requirement to register pursuant to the Military
Selective Service Act if:
(1) The requirement for the person to so register has
terminated or become inapplicable to the person; and
(2) The person is or has already served in the armed forces or
has a condition that would preclude acceptability for military
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§15-1F-11. West Virginia Servicemembers Civil Relief Act.
(a) This section may be cited as the 'West Virginia
Servicemembers Civil Relief Act'
(b) A member of the West Virginia National Guard called to
state active duty by the Governor for a period of thirty days or
more, shall have all of the protections, rights or benefits that
are afforded and may accrue to a person on federal active duty
under the provisions of 50 U.S.C. App., §501, et seq. as amended
by the Servicemembers Civil Relief Act, Pub. L. No. 108-189 (2003).
Note: WV Code updated with legislation passed through the 2016 Regular Session
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