§ 13-402. Police power

Latest version.

   (a) In general. -- A member of the National Guard has the same police power, authority, and status with respect to the enforcement of the law relating to criminal matters in the military area to which the member is assigned, as a law enforcement or peace officer has in the officer's respective jurisdiction if:

   (1) the Adjutant General designates the member as National Guard full-time support personnel under Title 32 of the United States Code;

   (2) the Department controls or has jurisdiction over the member; and

   (3) the member is acting as a National Guard member.

(b) Defenses. -- A member of the National Guard has the immunities and defenses available to a law enforcement or peace officer in a criminal proceeding or civil suit brought because of an act performed in the course of employment and duty under this section.

HISTORY: An. Code 1957, art. 65, § 8A; 2003, ch. 5, § 2.

                    
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