§ 44-41.1. Failure to attend annual active duty training; etc
If any person, being an active member of the Virginia National Guard, in violation of valid orders, fails to initially report for annual active duty training or having initially reported absents himself from his unit without leave, upon warrant issued, after hearing, by a summary court-martial, such person shall be taken into custody by military personnel of the Virginia National Guard, or by any State Police Officer or local law-enforcement officer listed in § 44-50, and be forthwith returned to his assigned unit by such military personnel, or held by the State Police or by such local law-enforcement officers until such time as he is taken into custody by military personnel. If taken into custody by the State Police or by local law-enforcement officers, he shall be afforded reasonable opportunity to make bail or recognizance as provided in Chapter 9 (§ 19.2-119 et seq.) of Title 19.2. In no case shall he be held in custody by the State Police or by such local law-enforcement officers in excess of twenty-four hours. Upon return to his assigned unit, such person shall be subject to disciplinary proceedings.
If any active member of the Virginia National Guard fails to report for scheduled inactive duty training, he may, in the same manner, be taken into custody and returned to his unit where he shall be subject to disciplinary proceedings.
(1977, c. 315; 1978, c. 342; 1983, c. 65; 1984, c. 206.)
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