2019 Indiana Code
Title 10. Public Safety
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-7. Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States
Sec. 7. (a) The governor shall order on state duty all or part of the national guard in the following cases:
(1) War.
(2) Invasion.
(3) Insurrection.
(4) Public disaster.
(5) Breach of the peace or imminent danger of breach of the peace.
(6) Forcible obstruction of the execution of the laws, or reasonable belief that the execution of the laws will be obstructed.
(7) At any other time the governor considers necessary.
(b) A member of the Indiana national guard who is ordered out on duty may not be held civilly liable for any act done by the person in the discharge of the person's military duty. The member may not be subject to criminal prosecution if an alleged criminal act occurred while the member was carrying out the orders of a superior officer that the member reasonably believed to be legal orders under all of the attendant facts and circumstances.
(c) If the President of the United States calls, orders, or requisitions troops, the governor shall first order into the service of the United States the organization and arms of the service specified in the president's requisition.
(d) If a civil suit or proceeding is commenced in any court by any person against any member of the Indiana national guard acting under the authority of an order described in subsection (b), the attorney general shall defend the member. If the action or proceeding is criminal, the governor shall designate counsel to represent the accused and the state will be financially responsible for the expense of the defense of any civil or criminal action incurred. The expenses for the defense shall be paid by the adjutant general out of appropriated funds.
[Pre-2003 Recodification Citation: 10-2-4-4.]
As added by P.L.2-2003, SEC.7.
