Virginia HB 286: Virginia National Guard; reports to General Assembly, state militias, etc.

Bill Text

2026 SESSION

INTRODUCED

26104710D

HOUSE BILL NO. 286

Offered January 14, 2026

Prefiled January 9, 2026

A BILL to amend and reenact §§ 18.2-410, 44-75.1, and 44-78.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 44-15.1 and 44-75.1:2, relating to Virginia National Guard; power of Governor to summon in certain circumstances; mobilization under federal authority; annual report.

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Patrons—Helmer, Feggans, Shin, Simon, Thornton, Bennett-Parker, Cousins, Henson, Krizek, Price, Sullivan and Tran

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-410, 44-75.1, and 44-78.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 44-15.1 and 44-75.1:2 as follows:

§ 18.2-410. Power of Governor to summon law-enforcement agencies, National Guard, etc., to execute process or preserve the peace.

If Subject to the provisions of subsections B and C of § 44-75.1 and except as provided in § 44-75.1:2, if it appears to the Governor that the power of the locality is not sufficient to enable the sheriff or other officer to execute process delivered to him or to suppress riots and to preserve the peace, he may order law-enforcement agencies, national guard the Virginia National Guard, militia, or other agencies of the Commonwealth or localities as may be necessary to execute such process and to preserve the peace. All persons so ordered or summoned by the Governor are required to attend and act. Any person who, without lawful cause, refuses or neglects to obey the command, shall be is guilty of a Class 1 misdemeanor.

§ 44-15.1. Reports to the General Assembly.

The Adjutant General shall submit an annual report to the Chairs of the House Committee on Public Safety and the Senate Committee on General Laws and Technology detailing:

1. All federal and state deployments of the National Guard since the last day of the period covered by the previous annual report, including the date the deployment began, the end date or anticipated end date of such deployment, circumstances, scope, legal authority, goals, cost to the Commonwealth, and cost to the federal government; 

2. Retention and readiness within the National Guard and the impact on readiness of federal deployments;

3. Any shortfall or misuse of federal funding; and

4. Use of National Guard resources by federal authorities.

The Adjutant General shall submit the initial annual report as required by this section no later than July 1, 2026. The second and subsequent annual reports shall be submitted in accordance with the provisions of this section no later than the first day of each regular session of the General Assembly.

§ 44-75.1. Militia state active duty.

A. The Except as provided in § 44-75.1:2, the Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances:

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 the execution of laws in any part of this Commonwealth;

3. When the Governor determines that a state agency or agencies having law-enforcement responsibilities are in need of assistance to perform particular law-enforcement functions, which functions he shall specify in his call to the militia;

4. In the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment 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, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth;

6. When the Governor determines that the National Guard and its assets would be of valuable assistance to state, local, or federal agencies having a drug law-enforcement function to combat the flow of or use of illegal drugs in the Commonwealth, he may provide for the National Guard or any part thereof to support drug interdiction, counterdrug, and demand reduction activities within the Commonwealth, or outside the Commonwealth under the National Guard Mutual Assistance Counterdrug Activities Compact. In calling forth the National Guard under this section, the Governor shall specify the type of support that the National Guard shall undertake with state, local, or federal law-enforcement agencies. Once called forth by the Governor, the National Guard is also specifically authorized to enter into mutual assistance and support agreements with any law-enforcement agencies, state or federal, operating within or outside this Commonwealth so long as those activities are consistent with the Governor's call. Notwithstanding the provisions of