§ 12-61-117 — Draft of the unorganized militia - Failure to appear - Penalty

(a) Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he or she may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof. (b) Whenever it shall be necessary in such a case, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted, under such rules as he or she may prescribe, into the active service of the state to serve as directed by him or her. (c) Any member of the unorganized militia who is ordered to register or to be drafted into the organized militia under the provisions of this code and who fails to appear at the time and place designated in such order shall be guilty of a misdemeanor and upon conviction by a civil court shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisonment in the county jail for a term of not less than one (1) month nor more than one (1) year, or both.

Legislative History

Amended by Act 2019, No. 315,§ 923, eff. 7/24/2019. Acts 1969, No. 50, § 9; A.S.A. 1947, § 11-109.