2020 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 4 - Active Duty Powers
§ 38-2-307. Power of National Guard Members to Effect an Arrest

Members of the National Guard may, at the discretion of the Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7, 45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 of the United States Code.

(Ga. L. 1969, p. 228, § 5; Ga. L. 2004, p. 105, § 3.)

- Power of arrest generally, T. 17, C. 4.

ARTICLE 5 CODE OF MILITARY JUSTICE

Effective date.

- This article became effective July 1, 2015. See Editor's notes for applicability.

- Pursuant to Code Section28-9-3, in 2015, the amendment to Code Section38-2-464 by Ga. L. 2015, p. 693, § 3-32/HB 233, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 753, § 1/HB 98, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

- Ga. L. 2015, p. 753, § 1/HB 98, effective July 1, 2015, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 38-2-320 through 38-2-326, 38-2-340 through 38-2-347, 38-2-360, 38-2-370 through 38-2-376, 38-2-390 through 38-2-397, 38-2-410 through 38-2-415, 38-2-430 through 38-2-449, 38-2-460 through 38-2-464, 38-2-480 through 38-2-493, 38-2-510 through 38-2-553, and 38-2-570 through 38-2-577, relating to the Georgia Code of Military Justice, and was based on Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-1201 - 86-1204; Ga. L. 1951, p. 311, § 23; Ga. L. 1955, p. 10, §§ 60.1 - 60.116, 61.1 - 61.12; Ga. L. 1959, p. 114, §§ 2-6; Ga. L. 1982, p. 3, § 38; Ga. L. 1985, p. 356, §§ 9, 10; Ga. L. 1996, p. 740, § 3.

Ga. L. 2015, p. 753, § 4/HB 98, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2015, shall be governed by the statutes in effect at the time of such offense. The enactment of this Act shall not affect any prosecutions for acts occurring before July 1, 2015, and shall not act as an abatement of any such prosecutions."