CHAPTER 8. GUARD RESERVE
IC 10-16-8
Chapter 8. Guard Reserve
IC 10-16-8-1
Organization
Sec. 1. (a) To supplement the Indiana national guard, the governormay organize and maintain within Indiana military forces thegovernor considers necessary to defend Indiana if any part of theIndiana national guard is in active federal service.
(b) The Indiana guard reserve shall be composed of officers,commissioned or assigned, and able bodied citizens who volunteerfor service, supplemented, if necessary, by members of the militiaenrolled by draft or otherwise as provided by law.
(c) These forces:
(1) are additional to and distinct from the Indiana nationalguard; and
(2) shall be known as the Indiana guard reserve.
The members of the Indiana guard reserve may be uniformed.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-2
Rules and regulations
Sec. 2. (a) The governor may adopt rules and regulations notinconsistent with this chapter governing the enlistment, organization,administration, equipment, maintenance, training, and discipline ofmembers of the Indiana guard reserve. However, the rules andregulations must conform to applicable law governing and pertainingto the Indiana national guard and the rules and regulations adoptedunder those laws and under regulations as the Secretary of Defenseof the United States may prescribe for the organization, standard oftraining, instruction, and discipline.
(b) The adjutant general is designated as the commanding officerof the Indiana guard reserve. The administration of the Indiana guardreserve shall be in the state military department.
(c) The governor may disband the Indiana guard reserve at anytime the governor considers necessary and safe.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-3
Payment of expenses
Sec. 3. The adjutant general shall determine and pay foradministration, operation, training, and all expenses incidental toadministration, operation, and training that are incurred in carryingout this chapter.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-4
Requisitions; use of public buildings and property
Sec. 4. (a) For the use of members of the Indiana guard reserve,the governor may requisition from the secretary of defense arms,
ammunition, clothing, and equipment that the secretary of defensemay issue.
(b) The governor shall make available the facilities of statearmories and their equipment and other state premises and propertyas may be available.
(c) School authorities may allow the use of school buildings andschool grounds by the Indiana guard reserve, on the terms andconditions set out by the adjutant general.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-5
Service outside state; insurrectionists; saboteurs; enemies; pursuitbeyond state; extradiction
Sec. 5. The Indiana guard reserve may not be required to serveoutside Indiana except as follows:
(1) Upon the request of the governor of another state, thegovernor of Indiana may order any part of or all the Indianaguard reserve to assist the military or police forces of anotherstate who are engaged in defending the other state. Thegovernor may recall these forces.
(2) An organization, a unit, or a detachment of the Indianaguard reserve, upon order of the officer in immediate commandof the guard reserve, may continue in fresh pursuit ofinsurrectionists, saboteurs, enemies, or enemy forces beyond theborders of Indiana into another state until the insurrectionists,saboteurs, enemies, or enemy forces are apprehended orcaptured by the organization, unit, or detachment or until themilitary or police forces of the other state or the forces of theUnited States have had a reasonable opportunity to take up thepursuit or to apprehend or capture the persons. The pursuit isnot authorized unless the other state gives authority by law forthe pursuit by forces of Indiana. Any persons who areapprehended or captured in another state by an organization,unit, or detachment of the forces of Indiana shall withoutunnecessary delay be surrendered to the military or policeforces of the state in which they are taken or to the UnitedStates. The surrender of insurrectionists or saboteurs to themilitary or police forces of the other state does not constitute awaiver by Indiana of its right to extradite or prosecute theinsurrectionists or saboteurs for any crime committed inIndiana.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-6
Military forces of foreign states; pursuit into state
Sec. 6. (a) Military forces, organizations, units, or detachments ofanother state that are in fresh pursuit of insurrectionists, saboteurs,enemies, or enemy forces may continue the pursuit into Indiana untilthe military or police forces of Indiana or the forces of the UnitedStates have had a reasonable opportunity to take up the pursuit or to
apprehend or capture the insurrectionists, saboteurs, enemies, orenemy forces.
(b) Military forces, organizations, units, or detachments of anotherstate may arrest or capture insurrectionists, saboteurs, enemies, orenemy forces within Indiana while in fresh pursuit. A person who iscaptured or arrested by the military forces of the other state while inIndiana shall without unnecessary delay be surrendered to themilitary or police forces of Indiana to be dealt with according to law.
(c) This section may not be construed to make unlawful any arrestin Indiana that would otherwise be lawful. This section does notrepeal any provision of IC 35-33-3.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-7
Drafts for military service of United States; exemptions
Sec. 7. This chapter may not be construed to authorize the Indianaguard reserve or any part of the Indiana guard reserve to be called,ordered, or in any manner drafted into the military services of theUnited States. However, a person may not, by reason of the person'senlistment or commission in the Indiana guard reserve, be exemptedfrom United States military service required under any law of theUnited States.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-8
Civil organizations; enlistment as unit
Sec. 8. A civil organization, a society, a club, a post, an order, afraternity, an association, a brotherhood, a body, a union, a league,or any other combination of persons or civil groups may not beenlisted in the Indiana guard reserve as an organization or unit.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-9
Qualifications; citizenship; dishonorable discharge from militaryorganizations
Sec. 9. A person may not be commissioned or enlisted in theIndiana guard reserve if the person is not a citizen of the UnitedStates or if the person has been expelled or dishonorably dischargedfrom any military or naval organization of this state, of another state,or of the United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-10
Oath of officers
Sec. 10. The oath to be taken by officers commissioned in theIndiana guard reserve shall be substantially in the form prescribed forofficers of the national guard, substituting the words "Indiana guardreserve" where necessary.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-11
Term of enlistment; oath of enlisted persons
Sec. 11. A person may not be enlisted for more than three (3)years. However, an enlistment may be renewed. The oath to be takenupon enlistment in the Indiana guard reserve shall be substantially inthe form prescribed for enlisted persons of the national guard,substituting the words "Indiana guard reserve" where necessary.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-12
Uniform code of military justice; arrest of members
Sec. 12. (a) If the Indiana guard reserve or any part of the Indianaguard reserve is ordered out for active service or armory drill:
(1) the uniform code of military justice governing the Indiananational guard relating to courts-martial, their jurisdiction, andthe limits of punishment; and
(2) the rules and regulations prescribed under the uniform codeof military justice;
are in full force and effect as provided for in IC 10-16-9-1.
(b) An officer or enlisted person of the Indiana guard reserve maynot be arrested on any warrant, except for treason or felony, whilegoing to, remaining at, or returning from a place where ordered toattend for military duty. An officer and enlisted person of the Indianaguard reserve is, during the service in the Indiana guard reserve,exempt from service upon any posse comitatus.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-13
Group insurance
Sec. 13. The adjutant general of Indiana, with the approval of thegovernor, may procure a policy of group insurance for and coveringmembers of the military forces of Indiana covering and insuringagainst any injury received or had by members from any accidentwhile on drill or active duty.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-14
Drill and instruction; pay; payrolls
Sec. 14. (a) The members of the Indiana guard reserve providedfor in this chapter shall receive pay quarterly for time spent inauthorized drill and instruction to be paid from any appropriationenacted for that purpose.
(b) The adjutant general shall:
(1) cause quarterly payrolls to be prepared and submitted; and
(2) provide regulations for the processing of payrolls.
(c) This section applies only to drill and instruction pay and doesnot apply to payroll for active duty.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-15 Racial group; proportional representation; segregation prohibited
Sec. 15. (a) Adequate provisions shall be made to allow theenlistment and induction of able bodied citizens of each and all racialgroups in Indiana into all branches and departments of the Indianaguard reserve organized to defend and enforce the laws of Indiana.To that end, all racial groups in Indiana are entitled to thatrepresentation in each branch or department of the Indiana guardreserve in approximate proportion to the group or groups to thepopulation of Indiana. However, this section or any other statute maynot be construed so as to allow racial segregation.
(b) Race or color may not be a cause for excluding the applicationto serve or the service of any person in any branch of serviceprovided for in this chapter.
As added by P.L.2-2003, SEC.7.