§ 10-16-7-9 — Sheriffs; requesting national guard be called to active duty

Indiana § 10-16-7-9

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

Text

(a) If:
(1) insurrection, rebellion, invasion, tumult, riot, resistance to law
or process, breach of the peace, or public disaster, occurs in the
vicinity of a station of the Indiana national guard;
(2) the exigencies of a situation make it impossible for the senior
commanding officer of the Indiana national guard station to
communicate with the governor or the adjutant general; and
(3) the sheriff of the county involved or an officer acting on
behalf of the sheriff provides the senior commanding officer of
the Indiana national guard station with a written request signed by
the sheriff of the county involved or officer stating the facts and
the nature of the service desired;
the senior commanding officer may order out the Indiana national
guard units at that station and cause them to perform whatever duty is
required by the circumstances.
(b) A commanding officer who has called out Indiana national guard
units as described in subsection (a) shall immediately report what that
officer has done and all the circumstances of the case to the governor.
The actions performed shall be considered to have been taken by order
of the governor.
[Pre-2003 Recodification Citation: 10-2-4-6.]

Legislative History

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