CHAPTER 138

An Act to amend and reenact § 44-78, as amended, of the Code of
Virginia, relating to the calling out of the troops in time of danger, to
provide that the authority for ordering out of troops is limited to the
Governor.

[H 368]

Approved March 7, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 44-78, as amended, of the Code of Virginia be amended and
reenacted as follows:
§ 44-78. How troops called out in time of danger.—In case of any
breach of the peace, tumult, riot, or resistance of law, or imminent danger
thereof, or in case of any disaster wherein the lives or property of citizens
are imperiled, * either the chief law enforcement officer or the * governing
body of any county or * city or town may call upon the Governor for aid,
and, * upon being ordered by the Governor, it shall be the duty of the
commanding officer, * to whom such * order is * directed, to order out, in
aid of the civil authorities, the military force or any part thereof under
his command.**

* The request to the Governor shall be signed and properly attested
as the act of such * chief law enforcement officer or governing body and
may be varied to suit the circumstances of the case; and a copy of the same
shall be immediately forwarded to the * Governor. The officer to whom
the order of the *** Governor is directed shall forthwith order the troops
therein called for, to assemble at the time and place appointed.* Such
troops shall appear at the time and place appointed, armed and equipped
with ammunition, and shall obey and execute such orders as they may then
and there receive according to law.