reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 4. Local Armory Boards › 10-16-4-3. President

Sec. 3. (a) The senior member of a local armory board shall serve as president of the local armory board.
(b) The president of a local armory board shall do the following:
(1) Report all actions taken by the local board to the state armory board.
(2) Keep a record of all expenditures, income, and actions authorized by the local board.
(3) Submit an annual report to the state armory board of the information described in subdivisions (1) and (2) by January 15 of each year.
(c) A president of a local armory board is an ex officio member of the state armory board and may attend all meetings concerning the president's armory called by the president of the state armory board. A president of a local armory board may be a voting member of the state armory board only on matters of local concern and of specific nature involving the particular local armory of which the person is president.
[Pre-2003 Recodification Citation: 10-2-2-26.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 4. Local Armory Boards › 10-16-4-4. Donations and Contributions

Sec. 4. (a) A local armory board may receive from counties, cities, and municipalities donations of land or contributions of money to aid in providing or erecting improvements on the armories.
(b) A donation or contribution received under this section shall be held as other property for the use of the state.
[Pre-2003 Recodification Citation: 10-2-2-27.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 4. Local Armory Boards › 10-16-4-5. Examination of Records by State Examiner

Sec. 5. The state examiner of the state board of accounts personally, or through the deputy examiners or field examiners, shall make a full and complete examination and report upon the records and receipts of the local armory boards to the extent of and as provided for in the examination of the state armory board under IC 10-16-3-17.
[Pre-2003 Recodification Citation: 10-2-2-28.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 4. Local Armory Boards › 10-16-4-6. Compensation

Sec. 6. The members of the local armory boards shall perform the duties imposed upon them by this chapter without any compensation for their services. However, the actual expenses incurred by the members of the local armory boards incident to the management and care of the armories are payable from the local armory board funds.
[Pre-2003 Recodification Citation: 10-2-2-29.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 4. Local Armory Boards › 10-16-4-7. Record of Receipts and Disbursements; Funds; Reports

Sec. 7. (a) A local armory board may retain all rental, income, earnings, and any and all other receipts accrued through its operation of the local armory.
(b) The local armory board shall keep a full and complete record of funds the board receives and disburses. The report is subject to audit and submitted to the adjutant general not later than July 1 of each year and at other times as the adjutant general requires.
(c) A local armory board, subject to approval of the state armory board, may expend revenue received for the improvement, including street improvement, alterations, repair, and maintenance of the armory and facilities under its control. The local armory board may expend the funds for the benefit of state military organizations assigned to the local armory. If the funds are not needed for the operation, repair, and maintenance of the armory, or if a military organization is not assigned to the armory, the state armory board may order the funds turned over to the state armory board. The transferred funds may be used for the benefit of other armories of the state or of the national guard of the state or expended as a whole.
[Pre-2003 Recodification Citation: 10-2-2-30.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 5. Military Department of Indiana Ceremonial Unit › 10-16-5-1. Organization, Maintenance, and Purpose of Unit

Sec. 1. The adjutant general may organize and maintain a military department of Indiana ceremonial unit. The unit shall be operated for the following purposes:
(1) Rendering appropriate military honors at state functions and at funeral services for those who have served in the military forces of the United States or the state of Indiana.
(2) Preserving the history of the Indiana military through the demonstration of close order marching, drill, and ceremonies.
[Pre-2003 Recodification Citation: 10-2-2.1-1.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 5. Military Department of Indiana Ceremonial Unit › 10-16-5-2. Members

Sec. 2. The membership of the ceremonial unit must be composed of officers, commissioned or warranted, and other members of the Indiana national guard who volunteer for service in the ceremonial unit and are appointed by the adjutant general or the adjutant general's designee.
[Pre-2003 Recodification Citation: 10-2-2.1-2.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 5. Military Department of Indiana Ceremonial Unit › 10-16-5-3. Duties of Members

Sec. 3. The members of the ceremonial unit shall perform the duties imposed upon them by this chapter in a volunteer status. However, the state armory board shall pay the actual expenses of the members incident to the performance of their duties from donations made to the board for the management and maintenance of the ceremonial unit.
[Pre-2003 Recodification Citation: 10-2-2.1-3.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 5. Military Department of Indiana Ceremonial Unit › 10-16-5-4. Acceptance of Gifts

Sec. 4. The state armory board may receive gifts of money or property from individuals, associations, institutions, or organizations to carry out the purposes of the ceremonial unit.
[Pre-2003 Recodification Citation: 10-2-2.1-4.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-1. Age of Personnel

Sec. 1. Under Article 12, Section 1 of the Constitution of the State of Indiana, the militia consists of all persons who are at least eighteen (18) years of age except those persons who are exempted by the laws of the United States or of Indiana.
[Pre-2003 Recodification Citation: 10-2-3-1.]
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.17.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-2. Classes of Militia

Sec. 2. The militia shall be divided into two (2) classes, the sedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to bear arms under the Constitution of the State of Indiana who do not belong to the national guard.
(2) The national guard consists of those able-bodied citizens between the proper ages as established by this article who may be enrolled, organized, and mustered into the service of the state as provided in this article. The organized militia of the state constitutes and shall be known as the Indiana national guard.
[Pre-2003 Recodification Citation: 10-2-3-2.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-3. National Guard

Sec. 3. (a) The Indiana national guard consists of those units:
(1) specified by:
(A) the Secretary of the Army; and
(B) the Secretary of the Air Force; and
(2) approved by the governor.
(b) The composition of authorized units shall be the same as those prescribed for the regular army and the regular air force. The forces of the Indiana national guard shall be fully armed, uniformed, organized, and equipped in accordance with the provisions of the national military establishment regulations governing the regular army and regular air force.
[Pre-2003 Recodification Citation: 10-2-3-3.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-4. National Guard; Officers; Eligibility

Sec. 4. (a) Officers shall be commissioned by the governor. The governor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiana national guard except to general officers until the officer has passed a satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate to the office to be held; and
(2) the officer's general knowledge and fitness for the service.
(c) A person is not eligible for appointment:
(1) to the office of adjutant general;
(2) as a major general; or
(3) as a brigadier general;
unless the person has served at least ten (10) years as a commissioned officer of the national guard, army, or air force of the United States.
(d) A person is not eligible for appointment to any staff (other than the governor's honorary staff), corps, or department unless the person has the technical training requisite to qualify for the appointment, to be determined by an examining board appointed for the purpose.
[Pre-2003 Recodification Citation: 10-2-3-4.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-5. Officers Eligibility; Preference in Appointment

Sec. 5. (a) A person may not be commissioned as an officer of the Indiana national guard unless the person:
(1) is temperate and of good moral character; and
(2) has successfully passed tests as to physical, mental, and professional fitness as may be prescribed by the laws and regulations applicable to the federally recognized national guard.
(b) In the selection and appointment of commissioned officers, preference shall be given to:
(1) a person with prior active military service;
(2) an enlisted person;
(3) a member of the air national guard; and
(4) a graduate of a school teaching military science.
[Pre-2003 Recodification Citation: 10-2-3-5.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-6. Officers Discharge; Inactive National Guard

Sec. 6. (a) At any time, the moral character, capacity, and general fitness for the service of any Indiana national guard officer may be determined by an efficiency board of three (3) commissioned officers, senior in rank to the officer whose fitness for service is under investigation.
(b) The governor may convene the efficiency board. If the findings of the board are:
(1) unfavorable to the officer; and
(2) approved by the governor;
the officer shall be discharged.
(c) The commission of an officer in the Indiana national guard may be vacated:
(1) upon the officer's resignation;
(2) upon the officer's absence without leave for three (3) months;
(3) upon the recommendation of an efficiency board; or
(4) under a sentence of a court-martial.
However, an officer who has not returned or accounted for all the public property or funds for which the officer is responsible may not receive an honorable discharge or separation.
(d) Officers rendered surplus by the disbandment of their organization or other causes shall be separated from the Indiana national guard or placed in the inactive national guard at the discretion of the governor.
[Pre-2003 Recodification Citation: 10-2-3-6.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-7. Officers Oath

Sec. 7. A commissioned officer of the Indiana national guard, before entering upon the duties of the officer's office, shall take and subscribe to the following oath, or other oath as may be required by national guard regulations:
"I, ____________, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and the governor of the state of Indiana, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of __________, in the national guard of the state of Indiana upon which I am about to enter, so help me God.".
[Pre-2003 Recodification Citation: 10-2-3-7.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-8. Period of Enlistment; Oath

Sec. 8. (a) The period of enlistment in the Indiana national guard is for the time prescribed by national guard regulations. The qualifications for enlistment must be the same as those prescribed by regulations for admission to the regular army or regular air force or national guard regulations. However, the privilege of continuing the active service during the whole of an enlistment period and of reenlisting in the service may not be denied except as otherwise provided.
(b) An enlisted person of the Indiana national guard shall sign an enlistment contract and take and subscribe to the oath required by national guard regulations.
(c) A federally recognized officer of the Indiana national guard may administer the enlistment oath.
(d) The adjutant general may authorize officers of the services on duty at armed forces entrance stations to administer the oath of enlistment to an applicant presented to them by an authorized representative of the Indiana national guard for enlistment in the Indiana national guard. The state adjutant general's authorization must be in writing.
[Pre-2003 Recodification Citation: 10-2-3-8.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-9. Discharge From Service

Sec. 9. An enlisted person who is discharged from service in the Indiana national guard shall receive a discharge in writing in the form and with the classification prescribed by national guard regulations. In time of peace, a discharge may be given before the expiration of an enlistment term in the following cases:
(1) By sentence of a general court-martial.
(2) By direction of the governor on account of disability.
(3) On account of sentence of imprisonment by a civil court, whether suspended or not.
(4) On account of a bona fide permanent change of residence to another state.
(5) For the purpose of enlisting in the United States Army, Air Force, Navy, or Marine Corps.
(6) For other causes prescribed by national guard regulations or the commander in chief.
However, an enlisted person who has not returned or accounted for all of the public property for which the enlisted person is responsible may not receive an honorable discharge.
[Pre-2003 Recodification Citation: 10-2-3-9.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-10. Uniform Code of Military Justice; Customs and Usage of Armed Forces of the United States

Sec. 10. All matters relating to:
(1) organization, commissioning, and separation of officers;
(2) enlisting and discharge of enlisted persons; and
(3) discipline and government of the Indiana national guard;
that are not otherwise provided in this article shall be decided by the uniform code of military justice governing the armed forces of the United States, the regulations, customs, and usage of the armed forces of the United States, or national guard regulations.
[Pre-2003 Recodification Citation: 10-2-3-10.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-11. Inactive National Guard

Sec. 11. (a) The inactive national guard of Indiana consists of those federally recognized officers and persons placed in the inactive national guard under the provisions of national guard regulations.
(b) The administration of the inactive national guard shall be in accordance with applicable national guard regulations.
[Pre-2003 Recodification Citation: 10-2-3-11.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-12. Retirement

Sec. 12. (a) A commissioned officer:
(1) who serves in the Indiana national guard for at least five (5) years; or
(2) who becomes permanently disabled from performing the officer's duties, irrespective of length of service;
may, upon honorable retirement from the service, whether by resignation or otherwise, and upon application to the adjutant general, be carried upon a roll to be established and maintained in the office of the adjutant general. The roll shall be designated the Indiana national guard retired list.
(b) The commissioned officer may wear, on occasion of ceremony, the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if qualified, is eligible for detail or appointment on the general staff or the staff of any commander when not physically disqualified for military duty. However, if an officer carried on the Indiana national guard retired list is appointed to a staff position as described in this section, the officer shall be recommissioned in the rank to which the officer has been appointed. The officer shall hold this rank during the time of the staff appointment unless the officer is promoted to a higher rank.
(d) If the officer retires for a second time from active service, the officer shall be entered on the Indiana national guard retired list with the officer's highest rank.
(e) An officer whose name appears on the national guard retired list is not entitled to receive any military pay or emolument from the state during the time the officer remains on the national guard retired list unless the officer is specifically assigned to duty on orders from the governor. If the officer is assigned to duty on orders from the governor, the officer is entitled only to the military pay and allowance provided by law for officers of the rank to which appointed.
[Pre-2003 Recodification Citation: 10-2-3-12.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 6. Organization and Personnel › 10-16-6-13. Rights Under State and Federal Servicemembers Civil Relief Acts

Sec. 13. The Indiana National Guard shall provide to members and reserve members of the Indiana National Guard a list of the rights a servicemember or a servicemember's dependent has under the state and federal servicemembers civil relief acts.
As added by P.L.156-2015, SEC.2.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-0.3. "Active Duty Military Pay"

Sec. 0.3. As used in section 5 of this chapter, "active duty military pay" refers to the basic active duty military salary. The term excludes any allowances, stipends, or other benefits a member may receive during active duty military service.
As added by P.L.22-2017, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-0.5. "Active Duty Military Service"

Sec. 0.5. As used in section 5 of this chapter, "active duty military service" refers to state active duty service, federally funded state active service, or federal active service. The term does not include service performed exclusively for training, including basic combat training, advanced individual training, annual training, inactive duty training, and special training periodically made available to members of a reserve component of the armed forces of the United States. The term excludes time spent in an absent without leave (AWOL) status, or other dishonorable status while on active military service.
As added by P.L.22-2017, SEC.2.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-1. "Employer"

Sec. 1. (a) As used in section 5(d) and 5(e) of this chapter, "employer" means the state.
(b) As used in section 6 of this chapter, "employer" refers to an employer:
(1) other than the state or a county, township, municipality, or school corporation in Indiana; and
(2) that employs any employee other than an employee in a temporary position.
[Pre-2003 Recodification Citation: 10-2-4-3.5(a).]
As added by P.L.2-2003, SEC.7. Amended by P.L.22-2017, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-2. "Member"

Sec. 2. (a) As used in section 5 of this chapter, "member" refers to the following:
(1) A member of the Indiana national guard.
(2) A member of a reserve component.
(3) A member of the retired personnel of the naval, air, or ground forces of the United States.
(b) The term includes a qualified member.
[Pre-2003 Recodification Citation: 10-2-4-3(b).]
As added by P.L.2-2003, SEC.7. Amended by P.L.22-2017, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-2.5. "Qualified Member"

Sec. 2.5. (a) As used in this chapter, "qualified member" refers to a member of the Indiana National Guard or a reserve component of the armed forces of the United States who is:
(1) a state employee; and
(2) called to active duty (as defined by section 23(a) of this chapter).
(b) The term includes a full-time or part-time state employee. The term does not include a temporary or intermittent state employee.
As added by P.L.22-2017, SEC.5.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-3. Drills; Instruction; Encampments; Maneuvers; Other Exercises

Sec. 3. (a) Each detachment and unit in the national guard shall assemble for drill and instruction, including indoor target practice, in accordance with national guard regulations.
(b) In addition, each detachment and unit shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, in accordance with national guard regulations, unless the unit or detachment is excused from participation by the governor.
(c) A commissioned officer and an enlisted person or a member of the Indiana air national guard shall be present and perform all the duties required of the officer, person, or member at each assembly for drill and instruction, encampment, maneuvers, or other exercises, unless regularly excused by competent authority.
[Pre-2003 Recodification Citation: 10-2-4-1.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-4. Refusal to Permit Employees to Attend Drill or Other Duty

Sec. 4. An employer who knowingly or intentionally refuses to allow a member of the Indiana national guard to attend any assembly at which the member has a duty to perform under this chapter commits a Class B misdemeanor.
[Pre-2003 Recodification Citation: 10-2-4-2.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-5. Government Officers and Employees; Leave of Absence for Training or Active Duty; Differential Pay

Sec. 5. (a) Except as provided in subsections (d) and (e), this section applies to all officers and employees of the state or any county, township, municipality, or school corporation in Indiana who are members.
(b) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to regular vacation period without loss of time or pay for the time that the member is:
(1) on training duties of the state under the order of the governor as commander in chief; or
(2) a member of any reserve component under the order of the reserve component authority;
for any consecutive or nonconsecutive period that does not exceed a total of fifteen (15) days in any calendar year. The entitlement to a leave of absence without loss of time or pay provided in this subsection is not at the discretion of the member's employer.
(c) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to the member's regular vacation period for the total number of days that the member is on state active duty under section 7 of this chapter or other active duty described in section 23 of this chapter. Except as provided in subsections (d) and (e), a leave of absence provided under this subsection may be with or without loss of time or pay at the discretion of the member's employer.
(d) A leave of absence granted under subsection (c) to a qualified member by the qualified member's employer must be granted without loss of time.
(e) In addition to any other benefits provided in this chapter, a qualified member is entitled to receive compensation equal to the difference between the qualified member's active duty military pay and the salary that the qualified member would have received from the qualified member's employer if the qualified member had not been called to active duty. The employer shall pay the qualified member compensation under this subsection for the duration of the qualified member's active duty military service. The employer shall pay the qualified member's compensation under this subsection from money appropriated to the employer.
[Pre-2003 Recodification Citation: 10-2-4-3 part.]
As added by P.L.2-2003, SEC.7. Amended by P.L.22-2017, SEC.6.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-6. Leave of Absence While on Active Duty; Effect on Time or Pay

Sec. 6. A member of the Indiana national guard is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to the member's regular vacation period for the total number of days that the member is on state active duty under section 7 of this chapter. The leave of absence may be with or without loss of time or pay at the discretion of the member's employer.
[Pre-2003 Recodification Citation: 10-2-4-3.5 part.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-7. Governor; Ordering on State Duty; Immunity From Civil Prosecution; Order or Requisition by President of the United States

Sec. 7. (a) The governor shall order on state duty all or part of the 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.
[Pre-2003 Recodification Citation: 10-2-4-4.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-8. Arrest on Civil Process While on Active Duty

Sec. 8. (a) On days of military duty, the Indiana national guard, called out by proper authority and performing military duty, is considered to be under military discipline. An officer or enlisted person is not subject to arrest on any civil process during this time.
(b) For purposes of this section:
(1) an attachment for contempt for failure to obey the command of a subpoena to testify is a civil process; and
(2) a citation for a traffic violation is not a civil process.
[Pre-2003 Recodification Citation: 10-2-4-5.]
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.18.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-9. Sheriffs; Requesting National Guard Be Called to Active Duty

Sec. 9. (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.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-10. Written Orders Calling to Active Duty; Discretion in Carrying Out Orders

Sec. 10. An officer whose command is called out under section 9 of this chapter and who is reporting to any civil officer may require the civil officer to make the order in writing and prescribe the outline of the duties required of the officer and the officer's command. The officer may decline to obey the orders until the orders are put in writing. Although the commanding officer must obey all lawful written orders of the civil officer, the military officer may use the officer's discretion as to the manner of carrying out the orders if the officer complies with their spirit.
[Pre-2003 Recodification Citation: 10-2-4-7.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-11. Unlawful Assembly; Command to Disperse

Sec. 11. (a) Except as provided in subsection (b), before using any military force to disperse an unlawful assembly (as defined in IC 35-45-1-1):
(1) the civil officer calling out the military force or a law enforcement officer; or
(2) if a civil officer or law enforcement officer is not present, the officer in command of the troops or the officer's designee;
shall command the persons comprising the unlawful assembly to disperse and retire peaceably to their homes or businesses. A particular form of words is not required in ordering the dispersion of any unlawful assembly.
(b) A person is not required to order an unlawful assembly to disperse if:
(1) giving the order to disperse would put the person in imminent danger of loss of life or great bodily harm; or
(2) the unlawful assembly is engaged in the commission of any felony or is causing violence to a person or property.
[Pre-2003 Recodification Citation: 10-2-4-8.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-12. Riots and Mobs; Death, Personal Injuries, and Property Damage

Sec. 12. (a) If a person taking part in an unlawful assembly described in this chapter refuses to disperse after having been ordered to disperse in accordance with this chapter or if a command to disperse is not required under this chapter and a civil officer to whom military force is ordered to report, or if a civil officer is not present, then the military officer (or if the command is acting under the direct order of the governor, then the officer within the limits provided in the officer's instructions) shall:
(1) arrest persons taking part in the unlawful assembly; or
(2) disperse the unlawful assembly.
(b) If, in arresting a person or dispersing an unlawful assembly:
(1) a person is killed, wounded, or otherwise injured; or
(2) property is injured or destroyed;
by the civil officer or officer or member of the Indiana national guard, or other persons lawfully aiding them, the officer, member, or person shall be held blameless.
[Pre-2003 Recodification Citation: 10-2-4-10.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-13. Assault on Members; Quelling Attack

Sec. 13. If a part of the Indiana national guard or a person lawfully aiding the Indiana national guard in the performance of its duty as described in this chapter is attacked or in imminent danger of attack, the commanding officer:
(1) is not required to await orders from a civil authority; and
(2) may quell the attack, disperse the attacking party, and take any other necessary step for the safety of the officer's command.
[Pre-2003 Recodification Citation: 10-2-4-12.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-14. Right-of-Way on Streets and Highways

Sec. 14. (a) Except as provided in subsection (b), any part of the Indiana national guard parading or performing a lawful duty has the right-of-way in any street or highway through which the Indiana national guard passes.
(b) The Indiana national guard may not interfere with the following:
(1) The carriage of United States mail.
(2) The operations of any fire engine or fire department.
(3) A police vehicle.
(4) Any other emergency vehicle.
[Pre-2003 Recodification Citation: 10-2-4-14.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-15. Assembly Regulating Passage and Occupancy of Streets; Offense

Sec. 15. (a) If an unlawful assembly has occurred or is so imminent that the Indiana national guard has been called out under this chapter, the civil officer under whose orders the Indiana national guard is acting or the commanding officer of the Indiana national guard, if it is advisable in subduing or preventing the unlawful assembly, may:
(1) prohibit a person from occupying or making use of a street or place where the Indiana national guard is located; and
(2) otherwise regulate the passage and occupancy of streets and places.
(b) A person who knowingly or intentionally enters a street or remains on a street after being informed that the Indiana national guard has prohibited this conduct commits a Class B misdemeanor.
(c) The officer in command of the Indiana national guard may immediately arrest or order the arrest of a person who violates subsection (b).
(d) If the officer in command of the Indiana national guard has arrested a person in accordance with this section, the officer shall deliver the person to a civil magistrate.
[Pre-2003 Recodification Citation: 10-2-4-15.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-16. Election Day; Muster, Assembly, Review, or Parade

Sec. 16. (a) A muster or an assembly for instruction, review, or parade may not be held or called in any county on any day during which a general election, primary election, municipal election, or special election is held in the county, except in case of or imminent danger of riot, invasion, insurrection, or public disaster.
(b) An officer who orders a muster or an assembly on an election day shall forfeit an amount as a court-martial adjudges.
[Pre-2003 Recodification Citation: 10-2-4-16.]
As added by P.L.2-2003, SEC.7. Amended by P.L.219-2013, SEC.74.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-17. Pay and Allowance

Sec. 17. An officer or enlisted person in active service of the state shall be paid the greater of:
(1) the sum equivalent to the pay and allowances received by officers and enlisted men of the same rank or grade in the service of the armed forces of the United States; or
(2) the sum per day equal to twelve (12) times the hourly federal minimum wage in effect at the time of active service.
However, with the approval of the budget committee, the adjutant general may adjust the pay of an officer or enlisted person to meet the pay and allowance adjustments of officers and enlisted persons of the same rank or grade for service in the armed forces of the United States.
[Pre-2003 Recodification Citation: 10-2-4-17.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-17.5. Group Life Insurance

Sec. 17.5. (a) As used in this section, "member" means a member of the Indiana national guard.
(b) As used in this section, "program" means the state sponsored group term life insurance program exclusively offered to all members of the Indiana national guard through the National Guard Association of Indiana, as provided in 37 U.S.C. 707.
(c) The adjutant general is the official sponsor of the program.
(d) The adjutant general shall do the following:
(1) Allow, facilitate, and coordinate all efforts to make the program available to all members, including the period of time during initial enlistment or commissioning.
(2) Provide an opportunity for members to enroll in or upgrade life insurance under the program.
(3) Allow, facilitate, and coordinate requested allotments for the payment of premiums:
(A) using the United States Defense Finance and Accounting Service military pay allotment with the appropriate United States Property and Fiscal Office; and
(B) for life insurance under the program.
(4) Allow program representatives to provide Indiana national guard units with program briefings during annual training, drill weekends, and other opportunities to educate members on program benefits.
(5) Allow members to designate and change beneficiaries under life insurance obtained under the program.
As added by P.L.12-2020, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-18. Injury, Disability, or Disease in Line of Duty; Medical Treatment; Medical Examiner or Board; Claims

Sec. 18. (a) A member of the Indiana national guard who:
(1) when on duty or assembled for duty, in case of riot, tumult, breach of peace, insurrection, invasion, public disaster or whenever ordered by the governor, the commanding general of the national guard, or called to the aid of civil authorities, is injured, is disabled, or contracts a disease because of the member's duty or assembly; or
(2) without fault or neglect on that member's part, is wounded or disabled while performing any lawfully ordered duty that temporarily incapacitates the member from pursuing the member's usual business or occupation;
shall, during the period of incapacity, receive the pay to which the member was entitled while on or assembled for duty, plus any actual necessary expenses for care and medical attention.
(b) If a claim is made under this section, the adjutant general may cause examinations of the claimant to be made from time to time by a medical officer designated for that purpose by the adjutant general. The adjutant general may direct the removal of a claimant to and treatment in a hospital designated by the adjutant general. If the claimant refuses:
(1) to allow an examination; or
(2) to go to a designated hospital or to otherwise follow the advice or treatment prescribed;
the claimant forfeits and is barred from all right to any claim or allowance under this section.
(c) Under this chapter:
(1) a disability may not be considered temporary if the disability continues for more than one (1) year from the date of receiving the injury or of incurring or contracting the disease or disability; and
(2) pay and expenses for care and medical attendance for more than one (1) year is not allowed.
(d) The adjutant general may appoint a medical examiner or a board of three (3) officers, at least one (1) being a medical officer, to inquire into the merits of any claim arising under this section. However, the adjutant general may determine any claim without appointing a medical examiner and fix the amount to be allowed under this section. A medical examiner or board appointed under this section has the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers and punish their failures to do so as is possessed by a general court-martial. The findings of the medical examiner or board are subject to the approval of the adjutant general, who may return the proceedings of the medical examiner or board for revision and for taking further testimony. The amount found due a member by the medical examiner or board and approved by the adjutant general of the state shall be paid by the state in the same manner as other military accounts are paid.
[Pre-2003 Recodification Citation: 10-2-4-18.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-19. Pensions; Funeral Expenses

Sec. 19. (a) A member of the Indiana national guard who is wounded or disabled or was disabled in the service of the state including service related to:
(1) a riot;
(2) a tumult;
(3) a breach of the peace;
(4) a resistance to process;
(5) an invasion;
(6) a public disaster;
(7) the aid of civil authority; or
(8) a lawfully ordered parade, drill, encampment, or inspection;
within ten (10) years preceding the member's application for a pension under this chapter shall, upon proof of the disability, be placed on the roll of invalid pensioners of the state and shall receive out of money in the state treasury not otherwise appropriated, upon the audit of the adjutant general and approval of the governor, the same pension or reward that a person under similar circumstances would receive from the United States. In case of a wound, an injury, or a disease that results in death, the surviving spouse, dependent children, or dependent parent of the member of the Indiana national guard shall receive the pension and reward dating from the time of receiving the injuries on account of which the pension or reward is allowed. An officer or enlisted person is not entitled while in active service to apply for or receive a pension.
(b) If a member of the Indiana national guard dies in the active service of the state, the member's reasonable funeral expenses, not exceeding eight thousand eight hundred dollars ($8,800), shall be paid by the state in the manner as the governor directs.
(c) This section does not make applicable any provision of the national service life insurance law of the United States, and the pension or reward granted under this section shall be that provided for by the pension laws of the United States in substance, without regard to form.
[Pre-2003 Recodification Citation: 10-2-4-20.]
As added by P.L.2-2003, SEC.7. Amended by P.L.92-2016, SEC.1.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-20. False or Fraudulent Representations; Increasing, Reducing, or Withdrawing

Sec. 20. (a) Before the name of a person is placed upon the pension roll under this chapter, proof must be made under regulations as the adjutant general may prescribe that the applicant is entitled to a pension.
(b) The adjutant general, with the approval of the governor, shall strike from the pension roll the name of a person if it appears by satisfactory proof that the person was placed on the pension roll through a false or fraudulent representation.
(c) The adjutant general, with the approval of the governor, may increase, reduce, or withdraw any pension according to the right, justice, and practice in the United States Department of Veterans Affairs pension office.
[Pre-2003 Recodification Citation: 10-2-4-21.]
As added by P.L.2-2003, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 16. Indiana Military Code › Chapter 7. Training and Active Duty of National Guard; Benefits of Members › 10-16-7-21. Pension Examiners and Boards; Lump Sum Payments

Sec. 21. (a) The adjutant general may appoint a pension examiner who shall inquire into the merits of any claim for pay and care and pension, whether pending or adjudicated. The pension examiner may administer oaths, orally examine witnesses, issue subpoenas, and take affidavits and depositions in the course of an examination.
(b) The adjutant general shall appoint examining boards consisting of not more than three (3) medical officers of the Indiana national guard, who shall, under the adjutant general's direction, make an examination of a claimant as directed by the adjutant general. The examining board shall certify the result of its examination in the form prescribed by the adjutant general.
(c) A person who is adversely affected by the report of one (1) medical officer is entitled, upon request, to an examination before a board consisting of three (3) medical officers. The adjutant general, with the approval of the governor and with the consent of the applicant, may commute any pension by payment of a lump sum to be accepted by the applicant in full satisfaction of all claims.
[Pre-2003 Recodification Citation: 10-2-4-22.]
As added by P.L.2-2003, SEC.7.