{"id":"DUT-WV-008","kind":"duty","level":"state","jurisdiction":"West Virginia","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"West Virginia Legislature (codified statute)","authority":"W. Va. Code §§ 15-5-2, 15-5-6(g)(6)-(7), 15-5-17, 15-5-18","instrument":"W. Va. Code ch. 15, art. 5 (whole article), §§ 15-5-2, 15-5-6, 15-5-17 and 15-5-18 relied on","title":"Emergency Management Act: definition of \u0027disaster\u0027 (including \u0027epidemic\u0027); proclamation of a state of emergency and additional powers of the Governor; enforcement; arrest without warrant","dateIssued":"2023-02-23","effective":"In force throughout 2020 Q2 to 2021 Q3; the Proclamation of Mar. 16, 2020 (Ex. WV-001) invoked the article for all fifty-five counties until Jan. 1, 2023 (Ex. WV-068)","end":"standing","startDate":"2020-03-16","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","STAY","CLOSE","GATH","TRAV","COND"],"addressees":["persons generally; owners or persons in control of premises; every business within an area subject to a state of emergency"],"clause":"(g) Under a duly proclaimed state of emergency or state of preparedness, the Governor has the following additional powers...:... (6) To control ingress and egress into or out of a disaster area or other area subject to a state of emergency or state of preparedness, as well as the movement of persons and occupancy of premises within the area.","enforcement":"Warrantless arrest under § 15-5-18 (Ex. DUT-WV-009); prosecution for obstruction under W. Va. Code § 61-5-17 as recited in EO 14-20 para. 4 (fine of $50 to $500 or jail up to one year; Exs. WV-012, DUT-WV-010); enforcement \u0027by State and local law enforcement and by state and local regulatory and/or licensing bodies\u0027 (EO 9-20 para. 7; Ex. WV-009)","functions":[],"notes":"Submission of every person and every premises in the State to the Governor\u0027s control of \u0027the movement of persons and occupancy of premises\u0027 during the proclaimed emergency (the statutory basis of the stay-at-home, closure, occupancy, gathering, telework and face-covering orders); § 15-5-2 defines \u0027disaster\u0027 to include \u0027epidemic\u0027; § 15-5-17 makes it \u0027the duty of every organization for emergency services... to execute and enforce such orders, rules and regulations as may be made by the Governor under this article\u0027; § 15-5-18 authorizes warrantless arrest for violating any such order \u0027which affect[s] the public generally.\u0027 Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://code.wvlegislature.gov/pdf/15-5/","snapshot":"","fileExists":true,"fileBytes":162164,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-WV","url":"/library/DUT-WV-008","exhibitUrl":"/exhibit/DUT-WV-008","citation":"West Virginia Legislature (codified statute), W. Va. Code ch. 15, art. 5 (whole article), §§ 15-5-2, 15-5-6, 15-5-17 and 15-5-18 relied on (standing) (Ex. DUT-WV-008)","stateName":"West Virginia","related":["WV-001","WV-068","DUT-WV-013","DUT-WV-009","WV-012","DUT-WV-010","WV-009"]}