Privilege from arrest or citation -- Exceptions.

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  • (1) A member of the National Guard is privileged from arrest or citation by civil authorities:
    • (a) during military formations, exercises, mobilizations, or other duty when exigent, perilous, emergency, or similar circumstances require the member's presence; and
    • (b) while traveling to and from military duty locations when exigent, perilous, emergency, or similar circumstances require the member's presence.
  • (2) This privilege does not extend to arrest or citation for:
    • (a) treason;
    • (b) any class A misdemeanor or felony;
    • (c) breach of the peace; or
    • (d) operation of a vehicle in a reckless manner or while under the influence of any drug or alcohol.




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