There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 15. PUBLIC SAFETY
ARTICLE 1. MILITARY FORCES OF THE STATE.
- §15-1-1 Definitions.
- §15-1-2 Commander in chief.
- §15-1-3 Regulations.
- §15-1-4 Active service -- Authority of governor to require; state duty ordered by adjutant general.
- §15-1-5 Active service -- United States.
- §15-1-6 Federal law and regulations.
- §15-1A-1 Department generally.
- §15-1A-1a Employee participation in group insurance programs; payroll deductions; custodian of funds.
- §15-1A-2 Appointment; qualifications; bond.
- §15-1A-3 Duties.
- §15-1A-3a Purchase of automobile liability insurance.
- §15-1A-4 Assistant adjutants general and other authorized general officers.
- §15-1B-1 Organization of the national guard.
- §15-1B-2 Army national guard.
- §15-1B-3 Air national guard.
- §15-1B-4 Oath, appointment and promotion of officers.
- §15-1B-5 Surplus officers; resignations.
- §15-1B-6 Dismissal of officers.
- §15-1B-7 Appointment, promotion and reduction of noncommissioned officers.
- §15-1B-8 Enlisted personnel -- Generally.
- §15-1B-9 Enlisted personnel -- Discharge.
- §15-1B-10 Inactive national guard.
- §15-1B-11 Uniforms, arms, equipment and supplies.
- §15-1B-12 Care of and responsibility for military property and funds.
- §15-1B-13 Assemblies, annual training and other duty.
- §15-1B-14 Annual inspection and muster.
- §15-1B-15 Repealed
- §15-1B-16 Pay and allowances.
- §15-1B-17 Command pay; inspections; compensation for clerical services and care of property.
- §15-1B-18 Injury or death while in service of state.
- §15-1B-19 Military fund.
- §15-1B-20 Military expenses.
- §15-1B-21 Tuition and fees for guard members at institutions of higher education.
- §15-1B-22 Military facilities; security guards; qualifications; duties; powers.
- §15-1B-23 American flag for burial of deceased members of the national guard; presentation of flag to parent or spouse.
- §15-1B-24 Mountaineer Challenge Academy.
- §15-1B-25 Commissioning bonus.
- §15-1B-26 Firefighters and security guards to be members of the national guard.
ARTICLE 1C. STATE RETIRED LIST AND HONORARY MILITIA.
- §15-1C-1 State retired list.
- §15-1C-2 Duty with the national guard.
- §15-1C-3 Seniority, resignation, discharge, etc.
- §15-1C-4 Honorary militia.
ARTICLE 1D. ACTIVE STATE SERVICE.
- §15-1D-1 Calling out national guard by governor.
- §15-1D-2 Limited emergency.
- §15-1D-3 Use of military force to disperse riots, etc.
- §15-1D-4 Failure to disperse.
- §15-1D-5 Power of officers to arrest, disperse or quell persons rioting, etc.
- §15-1D-6 Assaults on national guard or persons aiding it.
- §15-1D-7 Repelling assault.
- §15-1D-8 Duty to retire from unlawful assembly.
- §15-1D-9 National guard to have right-of-way; exceptions.
- §15-1D-10 Regulation of occupancy of streets for passage of national guard.
- §15-1D-11 Transportation of officers and men.
- §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.
- §15-1D-13 Regulations while state military forces on duty.
- §15-1D-14 When martial law may be declared.
ARTICLE 1E. CODE OF MILITARY JUSTICE.
- §15-1E-1 Short title.
- §15-1E-2 Definitions.
- §15-1E-3 Persons subject to article.
- §15-1E-4 Jurisdiction to try certain personnel.
- §15-1E-5 Dismissal of commissioned officer.
- §15-1E-6 Territorial applicability.
- §15-1E-7 Judge advocates and legal officers.
- §15-1E-9 Apprehension of persons absent without leave.
- §15-1E-10 Imposition of restraint.
- §15-1E-11 Restraint of persons charged with offenses.
- §15-1E-12 Confinement in jails.
- §15-1E-13 Reports and receiving of prisoners.
- §15-1E-14 Punishment prohibited before trial.
- §15-1E-15 Delivery of offenders to civil authorities.
- §15-1E-16 Commanding officer's nonjudicial punishment.
- §15-1E-17 Courts-martial classified.
- §15-1E-18 Jurisdiction of courts-martial in general.
- §15-1E-19 Jurisdiction of general courts-martial.
- §15-1E-20 Jurisdiction of special courts-martial.
- §15-1E-21 Jurisdiction of summary courts-martial.
- §15-1E-22 Sentences of dismissal, dishonorable discharge or bad conduct to be approved by the governor.
- §15-1E-23 Record of bad conduct discharge proceedings.
- §15-1E-24 Confinement instead of fine.
- §15-1E-26 Who may convene special courts-martial.
- §15-1E-27 Who may convene summary courts-martial.
- §15-1E-28 Who may serve on courts-martial.
- §15-1E-29 Military judge of a general or special court- martial.
- §15-1E-31 Appointment or employment of reporters and interpreters.
- §15-1E-32 Absent and additional members.
- §15-1E-34 Compulsory self-incrimination prohibited.
- §15-1E-35 Investigation.
- §15-1E-36 Forwarding of charges.
- §15-1E-37 Advice of staff judge advocate and reference for trial.
- §15-1E-38 Service of charges.
- §15-1E-40 Unlawfully influencing action of court.
- §15-1E-41 Duties of trial counsel and defense counsel.
- §15-1E-42 Sessions.
- §15-1E-43 Continuances.
- §15-1E-44 Challenges.
- §15-1E-45 Oaths.
- §15-1E-46 Statute of limitations.
- §15-1E-47 Former jeopardy.
- §15-1E-48 Pleas of the accused.
- §15-1E-49 Opportunity to obtain witnesses and other evidence.
- §15-1E-50 Refusal to appear or testify.
- §15-1E-51 Contempts.
- §15-1E-52 Depositions.
- §15-1E-53 Admissibility of records of courts of inquiry.
- §15-1E-54 Voting and rulings.
- §15-1E-55 Number of votes required.
- §15-1E-56 Court to announce action.
- §15-1E-57 Record of trial.
- §15-1E-59 Maximum limits.
- §15-1E-60 Effective date of sentences.
- §15-1E-61 Execution of confinement.
- §15-1E-63 Initial action on the record.
- §15-1E-64 Action on general court-martial records.
- §15-1E-65 Reconsideration and revision.
- §15-1E-66 Rehearings.
- §15-1E-67 Approval by the convening authority.
- §15-1E-68 Disposition of records after review by the convening authority.
- §15-1E-69 Review in the office of the state judge advocate.
- §15-1E-70 Review by a board of review.
- §15-1E-71 Appellate counsel.
- §15-1E-72 Execution of sentence; suspension of sentence.
- §15-1E-73 Vacation of suspension.
- §15-1E-74 Petition for a new trial.
- §15-1E-75 Remission and suspension.
- §15-1E-76 Restoration.
- §15-1E-77 Finality of proceedings, findings and sentences.
- §15-1E-79 Accessory after the fact.
- §15-1E-80 Conviction of lesser included offense.
- §15-1E-81 Attempts.
- §15-1E-82 Conspiracy.
- §15-1E-83 Solicitation.
- §15-1E-84 Fraudulent enlistment, appointment or separation.
- §15-1E-85 Unlawful enlistment, appointment or separation.
- §15-1E-86 Desertion.
- §15-1E-87 Absence without leave.
- §15-1E-88 Missing movement.
- §15-1E-89 Contempt toward officials.
- §15-1E-90 Disrespect toward superior commissioned officer.
- §15-1E-91 Assaulting or willfully disobeying superior commissioned officer.
- §15-1E-92 Insubordinate conduct toward warrant officer, noncommissioned officer.
- §15-1E-93 Failure to obey order or regulation.
- §15-1E-94 Cruelty and maltreatment.
- §15-1E-95 Mutiny or sedition.
- §15-1E-96 Resistance, breach of arrest, and escape.
- §15-1E-97 Releasing prisoner without proper authority.
- §15-1E-98 Unlawful detention of another.
- §15-1E-99 Noncompliance with procedural rules.
- §15-1E-100 Misbehavior before the enemy.
- §15-1E-101 Subordinate compelling surrender.
- §15-1E-102 Improper use of countersign.
- §15-1E-103 Forcing a safeguard.
- §15-1E-104 Captured or abandoned property.
- §15-1E-105 Aiding the enemy.
- §15-1E-106 Misconduct of a prisoner.
- §15-1E-107 False official statements.
- §15-1E-108 Loss, damage, destruction or wrongful disposition of military property.
- §15-1E-109 Waste, spoilage or destruction of nonmilitary property.
- §15-1E-110 Improper hazarding of vessel.
- §15-1E-111 Drunken or reckless driving.
- §15-1E-112 Drunk on duty, sleeping on post and leaving post before relief.
- §15-1E-113 Dueling.
- §15-1E-114 Malingering.
- §15-1E-115 Riot or breach of peace.
- §15-1E-116 Provoking speeches or gestures.
- §15-1E-117 Perjury.
- §15-1E-118 Frauds against the government.
- §15-1E-119 Larceny and wrongful appropriation.
- §15-1E-120 Assault.
- §15-1E-121 Conduct unbecoming an officer and a gentleman.
- §15-1E-122 General article.
- §15-1E-123 Embezzlement.
- §15-1E-124 Purchasing and receiving military property in pawn.
- §15-1E-126 Authority to administer oaths.
- §15-1E-127 Text of article to be available.
- §15-1E-128 Complaints of wrongs.
- §15-1E-129 Redress of injuries to property.
- §15-1E-130 Execution of process and sentence.
- §15-1E-131 Disposition of fines and penalties.
- §15-1E-132 Liability of public officers for nonexecution of process.
- §15-1E-133 Compensation of court.
- §15-1E-134 Immunity for action of military courts.
- §15-1E-135 Entitlement to reemployment rights.
- §15-1E-136 Delegation of authority by the governor.
- §15-1E-137 Uniformity on interpretation.
- §15-1E-138 Provisions of article severable.
ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
- §15-1F-1 Leave of absence for public officials and employees for drills, parades, active duty, etc.
- §15-1F-1a Educational leave of absence for active duty.
- §15-1F-1b Tolling of the running of any licensure or registration requirement.
- §15-1F-2 Suits against officers or persons acting under military authority.
- §15-1F-3 Change of venue of prosecutions or suits against members of national guard.
- §15-1F-4 Arrest of persons belonging to state military forces.
- §15-1F-5 Unlawful conversion of military property.
- §15-1F-6 Unlawful wearing of uniforms.
- §15-1F-7 Unlawful military organizations.
- §15-1F-8 Reemployment rights of members of the organized militia.
- §15-1F-9 General penalty; jurisdiction under article.
- §15-1F-10 Selective service registration and compliance.
- §15-1G-1 The West Virginia distinguished service medal.
- §15-1G-2 West Virginia legion of merit.
- §15-1G-3 Procedure for award of distinguished service medal and legion of merit.
- §15-1G-4 Other West Virginia awards and decorations.
- §15-1G-5 Precedence of medals.
- §15-1G-6 Board of awards.
- §15-1G-7 Design of medals.
- §15-1G-8 Devices for the award of multiple West Virginia decorations.
- §15-1G-9 Procurement of West Virginia decorations.
ARTICLE 1H. MORALE, WELFARE AND RECREATION FACILITIES.
- §15-1H-1 Definitions.
- §15-1H-2 Morale, welfare and recreation facilities upon Camp Dawson; nonappropriated fund instrumentalities.
- §15-1H-3 Regulations.
- §15-1H-4 Use of funds.
- §15-1H-5 Sales to be tax exempt.
- §15-1H-6 Limitation on sales.
ARTICLE 1I. THE CHILD PROTECTION ACT OF 2006.
ARTICLE 1J. THE WEST VIRGINIA MILITARY AUTHORITY ACT.
- §15-1J-1 Short title.
- §15-1J-2 Legislative findings.
- §15-1J-3 Definitions.
- §15-1J-4 Establishment and general powers of the authority.
- §15-1J-5 Employees.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
- §15-2-1 Short title.
- §15-2-1a Repealed
- §15-2-2 Superintendent; departmental headquarters; continuation of the State Police.
- §15-2-3 State police structure; how established.
- §15-2-4 Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.
- §15-2-5 Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.
- §15-2-6 Authority to make rules for grievance procedure.
- §15-2-7 Cadet selection board; qualifications for and appointment to membership in division; civilian employees.
- §15-2-8 Chaplains.
- §15-2-9 State Police Voluntary Contribution Fund.
- §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.
- §15-2-10a Duty to return assigned items; superintendent's right of setoff.
- §15-2-11 Territorial jurisdiction.
- §15-2-12 Mission of the State Police; powers of superintendent, officers and members; patrol of turnpike.
- §15-2-13 Limitations upon members; exceptions.
- §15-2-14 Oath of superintendent and members.
- §15-2-15 State Police Child Abuse and Neglect Investigations Unit.
- §15-2-16 Interference with officers or members; false information; penalty.
- §15-2-17 Unauthorized use of uniform, badge or other insignia; impersonation of member; penalty.
- §15-2-18 Officers or members performing duties for private persons; general penalty; providing extraordinary police or security services by contract.
- §15-2-19 Bribing, etc., officers or members; penalty.
- §15-2-20 Transfer authorized; use for disciplinary purposes prohibited; notice required under certain circumstances; relocation expense; regulation of member's residence.
- §15-2-21 Suspension, demotion or discharge of members; right of appeal.
- §15-2-22 Assignment of assistant attorney general; employment of legal counsel.
- §15-2-23 Duties of superintendent as to statistics, aliens and labor conditions.
- §15-2-24 Criminal identification bureau; establishment; supervision; purpose; fingerprints, photographs, records and other information; reports by courts and prosecuting attorneys; offenses and penalties.
- §15-2-24a National Crime Prevention and Privacy Compact.
- §15-2-24b Fees for certain fingerprinting services; dedication of fees.
- §15-2-25 Rules generally; carrying of weapons upon retirement or medical discharge.
- §15-2-25a Meaning of terms.
- §15-2-25b Definitions.
- §15-2-26 Continuation of Death, Disability and Retirement Fund; designating the Consolidated Public Retirement Board as administrator of fund.
- §15-2-27 Retirement; awards and benefits; leased employees.
- §15-2-27a Retirement annual annuity adjustments.
- §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.
- §15-2-29 Awards and benefits for disability incurred in performance of duty.
- §15-2-30 Awards and benefits for disability due to other causes.
- §15-2-31 Disability physical examinations; termination.
- §15-2-31a Application for disability benefit; determinations.
- §15-2-31b Annual report on disability retirement experience.
- §15-2-32 Retirant not to exercise police authority; retention of group insurance.
- §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.
- §15-2-33a Awards and benefits to dependents of member -- Termination.
- §15-2-34 Awards and benefits to dependents of employee when the employee dies from nonservice-connected causes.
- §15-2-35 Awards and benefits to dependents of retirant or after an employee serves twenty years.
- §15-2-35a Authority to continue payments to certain dependents.
- §15-2-36 Awards and benefits to dependents of member -- Termination.
- §15-2-37 Refunds to certain employees upon discharge or resignation; deferred retirement.
- §15-2-38 Refund to dependents upon death of member not eligible for benefits.
- §15-2-39 Dependent child or children.
- §15-2-39a Limitations on benefit increases.
- §15-2-40 Commission on drunk driving prevention created; members; quorum; meetings.
- §15-2-41 Powers and duties of commission; rule-making authority; monitoring and reporting.
- §15-2-42 Drunk driving enforcement program established; purpose.
- §15-2-43 Awarding service revolver upon retirement and disposal of service weapon when replaced due to routine wear.
- §15-2-44 Federal law maximum benefit limitations.
- §15-2-45 Federal law minimum required distributions.
- §15-2-46 Direct rollovers.
- §15-2-47 Federal qualification requirements.
- §15-2-48 Repealed
- §15-2-49 Benefits not forfeited if system terminates.
- §15-2-50 Continuation date.
- §15-2-51 State police reemployment.
- §15-2-52 Termination of benefits; procedures.
- §15-2-53 State law-enforcement association members annual leave program.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
- §15-2A-1 Short title.
- §15-2A-2 Definitions.
- §15-2A-3 Continuation and administration of West Virginia State Police Retirement System; leased employees; federal qualification requirements.
- §15-2A-4 Participation in system; continuation of fund.
- §15-2A-4a Specification of actuarial assumptions.
- §15-2A-5 Employee contributions; employer contributions; forfeitures.
- §15-2A-6 Retirement; commencement of benefits.
- §15-2A-6a Federal law maximum benefit limitations.
- §15-2A-6b Federal law minimum required distributions.
- §15-2A-6c Direct rollovers.
- §15-2A-6d Rollovers and transfers to purchase service credit or repay withdrawn contributions.
- §15-2A-7 Annual annuity adjustment.
- §15-2A-8 Refunds to certain members upon discharge of resignation; deferred retirement.
- §15-2A-9 Awards and benefits for disability -- Incurred in performance of duty.
- §15-2A-10 Same -- Due to other causes.
- §15-2A-11 Same -- Physical examinations; termination.
- §15-2A-11a Physical examinations of prospective members; application for disability benefit; determinations.
- §15-2A-11b Annual report on each employer's disability retirement experience.
- §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.
- §15-2A-13 Same -- When member dies from nonservice-connected causes before serving twenty years.
- §15-2A-14 Awards and benefits to dependents of member -- When member dies after retirement or after serving twenty years.
- §15-2A-15 Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.
- §15-2A-16 Fraud; penalties.
- §15-2A-17 Awards and benefits to dependents of member -- Termination.
- §15-2A-18 Authority to continue payments to certain dependents.
- §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.
- §15-2A-20 Benefits not forfeited if system terminates.
- §15-2A-21 Retirement credited service through member's use, as option, of accrued annual or sick leave days.
- §15-2A-22 Limitations on benefit increases.
- §15-2B-1 Short title.
- §15-2B-2 Policy.
- §15-2B-3 Definitions.
- §15-2B-4 Division of public safety to establish and administer DNA identification system; inspection of laboratories.
- §15-2B-5 Authority of division to enter into cooperative agreements.
- §15-2B-6 DNA sample required for DNA analysis upon conviction; DNA sample required for certain prisoners.
- §15-2B-7 Tests to be performed on blood sample.
- §15-2B-8 Maintenance of DNA samples and records.
- §15-2B-9 Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis.
- §15-2B-10 DNA database exchange.
- §15-2B-11 Expungement.
- §15-2B-12 Confidentiality; unauthorized uses of DNA databank; penalties.
- §15-2B-13 Neglect of duties; destruction of samples; penalties.
- §15-2B-14 Right to DNA testing.
ARTICLE 2C. CENTRAL ABUSE REGISTRY.
- §15-2C-1 Definitions.
- §15-2C-2 Central Abuse Registry; required information; procedures.
- §15-2C-3 Reports of certain convictions by prosecuting attorneys.
- §15-2C-4 Disclosure of information.
- §15-2C-5 Expungement of registry listing.
- §15-2C-6 Fees.
- §15-2C-7 Registration of home care agencies required; form of registration; information to be provided.
- §15-2C-8 Service provider responsibilities.
- §15-2C-9 Responsibilities of a Qualified Entity.
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
- §15-2D-1 Legislative findings.
- §15-2D-2 Division established; purpose; appointment and qualifications of director.
- §15-2D-3 Duties and powers of the director and officers.
- §15-2D-4 Oath of office.
- §15-2D-5 Application of article.
- §15-2D-6 Continuation of the division.
- §15-2D-7 Security enforcement fund.
ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.
- §15-2E-1 Definitions.
- §15-2E-2 Post exchange authorized.
- §15-2E-3 Operation of post exchange.
- §15-2E-4 Creation of special account.
- §15-2E-5 Use of funds from post exchange revenue.
- §15-2E-6 Post exchange reporting requirements.
- §15-2E-7 Legislative rules.
- §15-2E-8 Termination date.
ARTICLE 3. COMMUNICATION SYSTEMS FOR POLICE PURPOSES.
- §15-3-1 Communication system for department of public safety.
- §15-3-2 Radio transmitters operating on the state police frequency.
- §15-3-3 Use of police radio stations.
- §15-3-4 Priority of calls to police radio stations.
- §15-3-5 Use of information obtained by interceptions of transmissions on department of public safety communications system forbidden; penalties.
- §15-3-6 Location of police radio stations.
- §15-3-7 Staffs of police radio stations.
- §15-3-8 Superintendent to make rules and regulations to carry out article.
- §15-3-9 Jurisdiction of justices to enforce article.
- §15-3A-1 Short title.
- §15-3A-2 Findings and determinations relative to "Amber's Plan".
- §15-3A-3 Establishment of "Amber's Plan".
- §15-3A-4 Activation of Amber Alert.
- §15-3A-5 Notice to participating media; broadcast of alert.
- §15-3A-6 Guidelines; procedural rules.
- §15-3A-7 Providing for the use of video image recording devices for search purposes during an Amber Alert or Silver Alert Activation.
ARTICLE 3B. SILVER ALERT PLAN.
- §15-3B-1 Short title.
- §15-3B-2 Findings and declarations relative to "Silver Alert Plan".
- §15-3B-3 Establishment of "Silver Alert" program.
- §15-3B-4 Activation of Silver Alert.
- §15-3B-5 Notice to participating media; broadcast of alert.
- §15-3B-6 Aid to missing cognitively impaired adult; immunity from civil or criminal liability.
ARTICLE 4. WEST VIRGINIA STATE GUARD.
- §15-4-1 Governor authorized to organize and maintain West Virginia state guard.
- §15-4-2 Rules and regulations.
- §15-4-3 Pay and allowances.
- §15-4-4 Arms and equipment; use of state armories, etc.
- §15-4-5 Service limited to state, except as to fresh pursuit; apprehension of persons in another state.
- §15-4-6 Pursuit and apprehension of certain persons in this state by military forces of another state.
- §15-4-7 Status of forces and members thereof with regard to federal service.
- §15-4-8 Civil organizations, etc., not to be enlisted as unit.
- §15-4-9 Disqualifications.
- §15-4-10 Oath of officers.
- §15-4-11 Term of enlistment; oath of enlisted men.
- §15-4-12 Articles of war to apply as to court-martial, etc.; freedom from arrest; jury duty.
- §15-4-13 Citation of article.
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
- §15-5-1 Policy and purpose.
- §15-5-2 Definitions.
- §15-5-3 Division of Homeland Security and Emergency Management created.
- §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.
- §15-5-4b West Virginia disaster recovery board to disburse funds from recovery fund.
- §15-5-4c Powers and duties of the West Virginia disaster recovery board.
- §15-5-5 General powers of the governor.
- §15-5-6 Emergency powers of Governor.
- §15-5-7 Mobile support units.
- §15-5-8 Local organization for emergency services.
- §15-5-9 Mutual aid agreements.
- §15-5-10 Regional organizations for emergency services.
- §15-5-11 Immunity and exemption; "duly qualified emergency service worker" defined.
- §15-5-12 Liability to sheltered persons.
- §15-5-13 Appropriations; acceptance of services, gifts, grants and loans.
- §15-5-14 Political activity of emergency service organizations.
- §15-5-15 Emergency service personnel.
- §15-5-15a Paid leave for disaster service volunteers.
- §15-5-16 Utilization of existing services and facilities.
- §15-5-17 Enforcement.
- §15-5-18 Arrest by peace officer without warrant.
- §15-5-19 Unorganized militia.
- §15-5-19a Possession of firearms during a declared state of emergency.
- §15-5-20 Disaster prevention.
- §15-5-21 Communications.
- §15-5-22 Emergency Management Assistance Compact.
- §15-5-23 Severability; conflicts.
- §15-5-24 Disaster recovery trust fund; use of funds of authority.
- §15-5-25 Prohibition on funds inuring to the benefit of or being distributable to members, officers or private persons.
- §15-5-26 Tax exemption.
- §15-5-27 Annual report.
- §15-5-28 Statewide mutual aid system.
ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHT- TO-KNOW ACT.
- §15-5A-1 Declaration of purpose.
- §15-5A-2 Jurisdiction of West Virginia emergency response commission.
- §15-5A-3 Definitions.
- §15-5A-4 State emergency response commission created; composition and organization, qualifications, terms, removal, compensation, meetings.
- §15-5A-5 Powers and duties of the commission.
- §15-5A-6 Powers and duties of the office of emergency services.
- §15-5A-7 Establishment of emergency planning districts and committees; composition, organization, duties.
- §15-5A-8 Severability.
ARTICLE 5B. MINE AND INDUSTRIAL ACCIDENT RAPID RESPONSE SYSTEM.
- §15-5B-1 Legislative purpose; Mine and Industrial Accident Rapid Response System created.
- §15-5B-2 Mine and industrial accident emergency operations center.
- §15-5B-3 Emergency mine response.
- §15-5B-3a Industrial facility emergency event notification and access.
- §15-5B-4 Study of other industrial emergencies.
- §15-5B-5 Rule-making authority.
ARTICLE 6. STATE ARMORY BOARD.
- §15-6-1 Legislative purpose and authority.
- §15-6-2 Armory board revenue bonds not to constitute state debt, etc.
- §15-6-3 Definitions.
- §15-6-4 State armory board -- Generally.
- §15-6-5 State armory board -- Duties.
- §15-6-6 State armory board -- Powers.
- §15-6-6a Transfer of powers and duties to the adjutant general.
- §15-6-7 State armory board -- Authority to issue revenue bonds.
- §15-6-8 State armory board -- Trustee of holders of revenue bonds.
- §15-6-9 Application of proceeds of bonds, grants and appropriations.
- §15-6-10 Rentals and other revenues from armories.
- §15-6-11 Authority of board to pledge revenues as security.
- §15-6-12 Title to armory property, etc., to vest in state.
- §15-6-13 Lease of armory or armory facilities by adjutant general.
- §15-6-14 Acquisition of property for armory projects; condemnation.
- §15-6-15 Preliminary expenses of armory projects.
- §15-6-16 County or municipal aid for armory purposes.
- §15-6-17 Disposition of abandoned and unsuitable armories or armory facilities.
- §15-6-18 Exemption of armories, etc., from taxation.
- §15-6-19 Article not authority to create state debt.
- §15-6-20 Compliance with article and state constitution only restrictions on construction and management of projects under article.
ARTICLE 7. EMERGENCY INTERIM LEGISLATIVE SUCCESSION ACT.
- §15-7-1 Citation of article.
- §15-7-2 Declaration of policy.
- §15-7-3 Definitions.
- §15-7-4 Designation of emergency interim successors to legislators.
- §15-7-5 Status, qualifications and term of emergency interim successors.
- §15-7-6 Contingent method of designating emergency interim successors.
- §15-7-7 Recording and publication of successor's name.
- §15-7-8 Oath of emergency interim successors.
- §15-7-9 Duty of emergency interim successors.
- §15-7-10 Place of legislative session in event of attack, etc.
- §15-7-11 Assumption of powers and duties of legislator by emergency interim successor.
- §15-7-12 Privileges, immunities and compensation of emergency interim successors.
- §15-7-13 Separability of provisions.
ARTICLE 8. WEST VIRGINIA SHERIFFS' BUREAU.
- §15-8-1 Creation; purpose; composition.
- §15-8-2 General powers and duties.
- §15-8-3 Executive secretary; clerical and technical personnel.
- §15-8-4 Training of peace officers approved by the bureau.
- §15-8-5 Purchase of equipment and supplies; use of facilities of department of purchases.
- §15-8-6 Standard color for motor vehicles used by sheriffs; standard badges and uniforms; wearing other than standard uniform or badge; unauthorized wearing of official uniforms or badges.
- §15-8-7 Sheriffs' bureau special fund -- Generally.
- §15-8-8 Sheriffs' bureau special fund -- How constituted; purpose; prerequisite to use.
- §15-8-9 Sheriffs' bureau special fund -- Payments from fund.
- §15-8-10 Sheriffs' bureau special fund -- Misuse.
- §15-8-11 Sheriffs' bureau special fund -- Contribution by county court.
- §15-8-12 Sheriffs' bureau special fund -- Tax exemption of purchases by fund.
ARTICLE 9. GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.
- §15-9-1 Committee designated as state planning agency under federal law.
- §15-9-2 Facility inspection.
- §15-9-3 Ascertaining compliance with applicable standards in juvenile detention and correctional facilities.
- §15-9-4 Criminal sentencing research.
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
- §15-10-1 Short title.
- §15-10-2 Legislative findings.
- §15-10-3 Definitions.
- §15-10-4 Cooperation between law-enforcement agencies and other groups of state or local law-enforcement officers.
- §15-10-5 Federal officers' peace-keeping authority.
ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.
- §15-10A-1 Legislative findings.
- §15-10A-2 Reemployment of law-enforcement officers.
- §15-10A-3 Examination requirements.
- §15-10A-4 Coverage for illness or injury.
- §15-10A-5 Ineligibility for contributions to pensions.
- §15-10A-6 Employment status; civil service; and retirement benefits.
ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.
- §15-11-1 Law-enforcement, safety and emergency worker funeral expense fund created.
- §15-11-2 Payment of funeral expenses of law-enforcement, safety and emergency workers killed in the line of duty.
ARTICLE 12. SEX OFFENDER REGISTRATION ACT.
- §15-12-1 Short title.
- §15-12-1a Intent and findings.
- §15-12-2 Registration.
- §15-12-2a Court determination of sexually violent predator.
- §15-12-2b Creation of sex offender registration advisory board.
- §15-12-3 Change in registry information.
- §15-12-3a Petition for removal of sexually violent predator designation.
- §15-12-4 Duration.
- §15-12-5 Distribution and disclosure of information; community information programs by prosecuting attorney and State Police; petition to circuit court.
- §15-12-6 Duties of institution officials.
- §15-12-6a Release of information to the Sex Offender Registry.
- §15-12-7 Information shall be released when person moves out of state.
- §15-12-8 Failure to register or provide notice of registration changes; penalty; penalty for aiding and abetting.
- §15-12-9 Registration of out-of-state offenders.
- §15-12-10 Address verification.
ARTICLE 13. CHILD ABUSE AND NEGLECT REGISTRATION.
- §15-13-1 Intent and findings.
- §15-13-2 Registration.
- §15-13-3 Change in registry information.
- §15-13-4 Duration.
- §15-13-5 Distribution and disclosure of information.
- §15-13-6 Duties of institution officials.
- §15-13-7 Failure to register or provide notice of registration changes; penalty.
- §15-13-8 Registration of out-of-state offenders.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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