Duties, Privileges, and Immunities

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All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel of the Georgia National Guard or of the organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter. Such rights, privileges, and immunities include relief from civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated.

(Ga. L. 1951, p. 311, §§ 34, 38, 39, 42; Ga. L. 1955, p. 10, § 59; Ga. L. 1985, p. 356, § 8; Ga. L. 2002, p. 1160, § 1; Ga. L. 2015, p. 287, § 1/SB 69.)

The 2015 amendment, effective July 1, 2015, deleted "; provided, however, that the provisions of Code Sections 38-2-279 and 38-2-280 shall not be applicable to personnel of the State Defense Force" from the end of the second sentence.

Cross references.

- Privilege from arrest of active duty military personnel, § 17-4-2.

Rights and privileges of members of organized militia, § 38-2-270 et seq.

RESEARCH REFERENCES

ALR.

- Official immunity of state national guard members, 52 A.L.R.4th 1095.

Construction and application of 37 U.S.C.A. § 206, providing compensation for military reserves and members of National Guard with respect to inactive-duty training, 73 A.L.R. Fed. 2d 27.


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