Section 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: (D) breach of the peace; or(E) resistance of process;(2) whenever called upon in aid of civil authorities;(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.
As added by P.L. 2-2003, SEC.7.