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2017 New Hampshire Revised Statutes
Title VIII - PUBLIC DEFENSE AND VETERANS' AFFAIRS
Chapter 110-B - THE MILITIA
Section 110-B:71 - Relief, Privileges and Immunities.
Universal Citation: NH Rev Stat § 110-B:71 (2017)
110-B:71 Relief, Privileges and Immunities. –
I. No officer, warrant officer or enlisted person shall be personally liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by them or by their order, while performing a military duty lawfully ordered under the provisions of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officer, warrant officer or enlisted person.
II. Members of the national guard shall, except for treason, felony or breach of the peace, be privileged from arrest and imprisonment while under orders in the active service of the state from the date of the issuing of such orders to the time when such service shall cease, or while going to, remaining at or returning from, any place at which the individual may be required to attend any military duty.
III. The reports and communications of all officers, warrant officers and members of the national guard in the line of their military duty addressed to their superiors shall be privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of the state.
IV. No persons belonging to the national guard of the state shall be arrested or detained on any civil process while going to, remaining at, or returning from any place at which they may be required to attend for any military duty.
V. Notwithstanding any other provision of this section to the contrary, any police officer may arrest or be requested by the adjutant general to arrest any member of the national guard who is absent without leave from any training assembly, drill, period of annual training or any other duty time and shall keep said member in custody for not more than 24 hours until turned over to military authority.
VI. Notwithstanding any other law, a member of the New Hampshire national guard shall be treated as a resident and citizen of the state of New Hampshire for the purpose of entitlement to benefits, privileges, and immunities provided under state law to members of the New Hampshire national guard.
I. No officer, warrant officer or enlisted person shall be personally liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by them or by their order, while performing a military duty lawfully ordered under the provisions of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officer, warrant officer or enlisted person.
II. Members of the national guard shall, except for treason, felony or breach of the peace, be privileged from arrest and imprisonment while under orders in the active service of the state from the date of the issuing of such orders to the time when such service shall cease, or while going to, remaining at or returning from, any place at which the individual may be required to attend any military duty.
III. The reports and communications of all officers, warrant officers and members of the national guard in the line of their military duty addressed to their superiors shall be privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of the state.
IV. No persons belonging to the national guard of the state shall be arrested or detained on any civil process while going to, remaining at, or returning from any place at which they may be required to attend for any military duty.
V. Notwithstanding any other provision of this section to the contrary, any police officer may arrest or be requested by the adjutant general to arrest any member of the national guard who is absent without leave from any training assembly, drill, period of annual training or any other duty time and shall keep said member in custody for not more than 24 hours until turned over to military authority.
VI. Notwithstanding any other law, a member of the New Hampshire national guard shall be treated as a resident and citizen of the state of New Hampshire for the purpose of entitlement to benefits, privileges, and immunities provided under state law to members of the New Hampshire national guard.
Source. 1981, 434:1. 1983, 276:6. 2007, 125:1, eff. Jan. 1, 2008.
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