Civil or criminal liability for acts in discharge of duty

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    (a)    A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.

    (b)    (1)    The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:

            (i)    against an officer of the organized militia for an act done by the officer in the officer’s official capacity in the discharge of a duty under this title;

            (ii)    against a person acting under the authority or order of an officer of the organized militia; or

            (iii)    by virtue of a warrant that an officer of the militia lawfully issues.

        (2)    In all cases, the defendant may make a general denial and give evidence.

        (3)    If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.


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