Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty

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26-166. Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty

A. A member of the national guard, unless charged with commission of a felony, shall not be arrested while on active duty with the national guard in camp, maneuvers or formations, or while engaged in armory drill, or while on the way to or from such duties.

B. In any civil action, a member of the national guard is entitled to the same immunity protection afforded public employees and law enforcement for acts that occur within the scope of the national guard member's duties if those acts are performed as a result of a direct order from a commanding officer or are otherwise consistent with current standard operating procedures and protocols.

C. A member of the national guard while on active duty shall not be liable for jury duty.


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