44-75.1 - Militia state active duty.
§ 44-75.1. Militia state active duty.
A. The Governor or his designee may call forth the militia or any partthereof to state active duty for service in any of the followingcircumstances:
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 theexecution of laws in any part of this Commonwealth;
3. When the Governor determines that a state agency or agencies havinglaw-enforcement responsibilities are in need of assistance to performparticular law-enforcement functions, which functions he shall specify in hiscall to the militia;
4. In the event of flood, hurricane, fire or other forms of natural orman-made disaster wherein human life, public or private property, or theenvironment 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, whereinthe use of militia personnel or equipment would be of assistance to one ormore departments, agencies, institutions, or political subdivisions of theCommonwealth;
6. When the Governor determines that the National Guard and its assets wouldbe of valuable assistance to state, local or federal agencies having a druglaw-enforcement function to combat the flow of or use of illegal drugs in theCommonwealth, he may provide for the National Guard or any part thereof tosupport drug interdiction, counterdrug and demand reduction activities withinthe Commonwealth, or outside the Commonwealth under the National Guard MutualAssistance Counterdrug Activities Compact. In calling forth the NationalGuard under this section, the Governor shall specify the type of support thatthe National Guard shall undertake with state, local or federallaw-enforcement agencies. Once called forth by the Governor, the NationalGuard is also specifically authorized to enter into mutual assistance andsupport agreements with any law-enforcement agencies, state or federal,operating within or outside this Commonwealth so long as those activities areconsistent with the Governor's call. All activities undertaken by theNational Guard in the areas of drug interdiction, counterdrug and drug demandreduction shall be reported by the Adjutant General's office to the Governorand reviewed by the Governor no less frequently than every three months; and
7. When the Governor or his designee, in consultation with the AdjutantGeneral, determines that the militia or any part thereof is in need ofspecific training to be prepared for being called forth for any of thecircumstances expressed in subdivisions 1 through 6 above. Such training maybe conducted with a state or federal agency or agencies having the capabilityor responsibility to coordinate or assist with any of the circumstances setforth in subdivisions 1 through 6 above.
B. The Virginia National Guard shall be designated as a state law-enforcementagency for the sole purpose of receiving property and revenues pursuant to 18U.S.C. § 981(e) (2), 19 U.S.C. § 1616a, and 21 U.S.C. § 881(e) (1) (A).
(1988, c. 352; 1993, c. 932; 1995, c. 49; 1996, cc. 71, 805.)