§ 10-16-9-1 — Uniform code of military justice; trial by civil authorities; killing and injuring during riots; governor's duties

(a) Except as otherwise provided, if the Indiana
national guard is in active service on behalf of the state:
(1) in case of:
(A) public disaster;
(B) riot;
(C) tumult;
(D) breach of the peace; or
(E) resistance of process;
(2) whenever called upon in aid of civil authorities;
(3) under martial law;
(4) at encampments or any scheduled training periods or drills for
which a member is entitled to pay, within or outside Indiana; or
(5) upon any other duty requiring the entire time of the Indiana
national guard, or any part of the Indiana national guard;
the uniform code of military justice governing the armed forces of the
United States with any subsequent change approved by the adjutant
general as applicable to Indiana military law is in force and regarded
as a part of this article for the Indiana national guard until the Indiana
national guard is relieved from duty.
(b) Confinement in a penitentiary under this article must be in a
penitentiary in Indiana. An offense committed by the member of the
national guard while in active service may be tried and punished by a
court-martial lawfully appointed.
(c) Except as provided in subsections (d) and (e), if the accused
member of the Indiana national guard is found guilty, the convicted
member shall be punished according to the uniform code of military
justice and the rules and regulations governing the United States armed
forces but within the limits prescribed by federal law for court-martial
in the national guard.
(d) If the offense charged is also an offense by the civil law of
Indiana, the officer whose duty it is to approve the charge may order
the person charged to be turned over to the civil authorities for trial.
(e) Punishment under the rules and articles of the uniform code of
military justice that extend to the taking of life may not be inflicted,
except in time of actual war, invasion, or insurrection, declared by
proclamation of the governor to exist, or to be threatened or
anticipated.
(f) If a:
(1) person resisting the laws of the state or unlawfully or riotously
assembled for that purpose; or
(2) bystander or other person in the vicinity;
is killed or injured by state forces called into active service under this
article and acting in obedience to the orders of its commanding officer,
the officer or member of the Indiana national guard is not subject to
indictment, trial, or any civil process other than by a court-martial, to
be convened for that purpose by the governor.
(g) The finding of the court-martial, when submitted to and
approved by the governor, in accordance with the uniform code of
military justice, is final and conclusive on all persons.
(h) If an indictment is found or information filed against the person,
a writ or other process may not be issued by the clerk of the court
where the indictment was returned or information filed against the
defendant. The clerk shall immediately transmit to the governor a
certified copy, and, upon the receipt of the certified copy, the governor
shall cause to be convened a court-martial to determine the truth of the
charges and the punishment, if any, to be inflicted.
[Pre-2003 Recodification Citation: 10-2-5-1.]

Legislative History

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