§ 10-16-7-7 — Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States; procurement of medical insurance

Indiana § 10-16-7-7

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 7: Training and Active Duty of National Guard; Benefits of

Text

(a) The governor shall order on state duty all
or part of the Indiana 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.
(e) The adjutant general may procure a medical insurance plan for
members of the Indiana National Guard who are ordered to state active
duty.
[Pre-2003 Recodification Citation: 10-2-4-4.]

Legislative History

As added by P.L.2-2003, SEC.7. Amended by P.L.155-2025, SEC.2.