2021 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 3 - Personnel
Part 4 - Rights, Privileges, and Prohibitions
§ 38-2-272. Exemption From Arrest on Civil Process; Uniform and Equipment Exempt From Levy and Sale
No person belonging to the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. No part of the uniform or equipment of any officer or enlisted man of the organized militia shall be subject to levy and sale for debts.
(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-702; Ga. L. 1951, p. 311, § 24; Ga. L. 1955, p. 10, § 80.)
Cross references.- Provisions regarding privilege from arrest of active duty military personnel, § 17-4-2.
JUDICIAL DECISIONS
Legislative purpose.
- Legislative purpose of this immunity statute is to prevent civil interference with the military on active duty in the performance of duty. This purpose will be served only if the immunity is asserted at the earliest opportunity. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
Legislative purpose is defeated if the militiaman allows oneself to be deterred from the performance of the militia member's duty and then raises the privilege for the sole purpose of avoiding the criminal sanctions which the militia member faces. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
Limitation on police power to detain.
- Statute appears to be a limit upon the police power to momentarily detain. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
RESEARCH REFERENCES
Am. Jur. 2d.
- 53A Am. Jur. 2d, Military and Civil Defense, §§ 255, 260.
C.J.S.- 6 C.J.S., Armed Services, § 347.
ALR.
- Exemption of member of armed forces from service of civil process, 137 A.L.R. 1372; 149 A.L.R. 1455; 150 A.L.R. 1419; 151 A.L.R. 1454; 153 A.L.R. 1418; 153 A.L.R. 1419; 156 A.L.R. 1449; 157 A.L.R. 1449; 158 A.L.R. 1450.
Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239.
