Re: Did you know- about the "Virginia Defense Force" ?
Date: March 25, 2013 12:09AM
§ 44-98. Interference with employment of members of Virginia National Guard, Virginia Defense Force, or naval militia.
A person, who either by himself, or with another, deprives a member of the Virginia National Guard, Virginia Defense Force or naval militia of his employment or prevents, by himself or another, such member being employed, or obstructs or annoys such member or his employer at his trade, business or employment, because such member of such organization is such member, dissuades any person from enlistment in the Virginia National Guard, Virginia Defense Force or naval militia by threat or injury to him in his employment, trade or business, in case he shall so enlist, shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not exceeding $500, or imprisonment in jail not more than 30 days, or shall suffer both fine and imprisonment.
(1930, p. 967; Michie Code 1942, § 2673(83); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586.)
§ 44-93.4. Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or naval militia; and acts of reprisal prohibited.
A. A member of the Virginia National Guard, Virginia Defense Force, or naval militia who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
B. A person shall be considered to have denied a member of the Virginia National Guard, Virginia Defense Force, or naval militia initial employment, reemployment, retention in employment, promotion, or a benefit of employment in violation of this section if the member's membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person's action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service, or obligation for service.
§ 44-83. Pay and allowance of officers and enlisted persons.
When called into active state duty, not in the service of the United States, officers of the National Guard shall receive the same pay and allowances as prescribed for officers of like rank in the United States armed forces. For each day of such service, enlisted persons of the National Guard shall receive the same pay, rations, and allowances as enlisted persons of like grade of the United States armed forces. For each day of service, members of the Virginia Defense Force called to state active duty shall receive the same pay, rations, and allowances as persons of like grade in the United States Armed Forces. When rations are not issued, the value of the same shall be commuted and paid by the Adjutant General.
(1930, p. 964; Michie Code 1942, § 2673(69); 1958, c. 393; 1988, c. 352; 2011, cc. 572, 586.)
§ 18.2-488.1. Flag at half mast for certain public safety personnel killed in the line of duty.
A. As used in this section, unless the context requires a different meaning:
"Emergency medical services provider" means the same as that term is defined in § 32.1-111.1, and any member of a volunteer lifesaving crew or rescue squad.
"Firefighter" means the same as that term is defined in § 9.1-300, and any member of a volunteer fire department.
"Police officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth.
"Service member" means a member of the United States armed forces, Virginia National Guard, or Virginia Defense Force.
B. Whenever a service member, police officer, firefighter, or emergency medical services provider who is a resident of Virginia is killed in the line of duty, all flags, state and local, flown at any building owned and operated by the Commonwealth shall be flown at half staff or mast for one day to honor and acknowledge respect for those who made the supreme sacrifice.
C. The Department of General Services shall develop procedures to effectuate the purposes of this section.
(2012, c. 767.)
§ 9.1-801. Public safety officer defined.
As used in this chapter, the term "public safety officer" includes a law-enforcement officer of this Commonwealth or any of its political subdivisions; a correctional officer as defined in § 53.1-1; a correctional officer employed at a juvenile correctional facility as the term is defined in § 66-25.3; a jail officer; a regional jail or jail farm superintendent; a member of any fire company or department or rescue squad that has been recognized by an ordinance or resolution of the governing body of any county, city or town of this Commonwealth as an integral part of the official safety program of such county, city or town; an arson investigator; a member of the Virginia National Guard or the Virginia Defense Force while such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code; any special agent of the Virginia Alcoholic Beverage Control Board; any police agent appointed under the provisions of § 56-353; any regular or special conservation police officer who receives compensation from a county, city or town or from the Commonwealth appointed pursuant to § 29.1-200; any commissioned forest warden appointed pursuant to § 10.1-1135; any member or employee of the Virginia Marine Resources Commission granted the power to arrest pursuant to § 28.2-900; any Department of Emergency Management hazardous materials officer; any nonfirefighter regional hazardous materials emergency response team member; any investigator who is a full-time sworn member of the security division of the State Lottery Department; any full-time sworn member of the enforcement division of the Department of Motor Vehicles meeting the Department of Criminal Justice Services qualifications, when fulfilling duties pursuant to § 46.2-217; any campus police officer appointed under the provisions of Chapter 17 (§ 23-232 et seq.) of Title 23; and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115.
(2002, c. 150; 2007, c. 87; 2011, cc. 572, 586.)
§ 44-97. Exemption from arrest.
No person belonging to the Virginia National Guard, Virginia State Defense Force or the naval militia shall be arrested on any process issued by or from any civil officer or court, except in cases of felony or breach of the peace, while going to, remaining at or returning from any place at which he may be required to attend for military duty; nor in any case whatsoever while actually engaged in the performance of his military duties, except with the consent of his commanding officer.
(1930, p. 966; Michie Code 1942, § 2673(82); 1984, c. 765.)