Sec. 9. (a) If:
(1) insurrection, rebellion, invasion, tumult, riot, resistance to law or process, breach of the peace, or public disaster, occurs in the vicinity of a station of the Indiana national guard;
(2) the exigencies of a situation make it impossible for the senior commanding officer of the Indiana national guard station to communicate with the governor or the adjutant general; and
(3) the sheriff of the county involved or an officer acting on behalf of the sheriff provides the senior commanding officer of the Indiana national guard station with a written request signed by the sheriff of the county involved or officer stating the facts and the nature of the service desired;
the senior commanding officer may order out the Indiana national guard units at that station and cause them to perform whatever duty is required by the circumstances.
(b) A commanding officer who has called out Indiana national guard units as described in subsection (a) shall immediately report what that officer has done and all the circumstances of the case to the governor. The actions performed shall be considered to have been taken by order of the governor.
[Pre-2003 Recodification Citation: 10-2-4-6.]
As added by P.L.2-2003, SEC.7.
Structure Indiana Code
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-0.3. "Active Duty Military Pay"
10-16-7-0.5. "Active Duty Military Service"
10-16-7-2.5. "Qualified Member"
10-16-7-3. Drills; Instruction; Encampments; Maneuvers; Other Exercises
10-16-7-4. Refusal to Permit Employees to Attend Drill or Other Duty
10-16-7-6. Leave of Absence While on Active Duty; Effect on Time or Pay
10-16-7-8. Arrest on Civil Process While on Active Duty
10-16-7-9. Sheriffs; Requesting National Guard Be Called to Active Duty
10-16-7-10. Written Orders Calling to Active Duty; Discretion in Carrying Out Orders
10-16-7-11. Unlawful Assembly; Command to Disperse
10-16-7-12. Riots and Mobs; Death, Personal Injuries, and Property Damage
10-16-7-13. Assault on Members; Quelling Attack
10-16-7-14. Right-of-Way on Streets and Highways
10-16-7-15. Assembly Regulating Passage and Occupancy of Streets; Offense
10-16-7-16. Election Day; Muster, Assembly, Review, or Parade
10-16-7-17.5. Group Life Insurance
10-16-7-19. Pensions; Funeral Expenses
10-16-7-20. False or Fraudulent Representations; Increasing, Reducing, or Withdrawing
10-16-7-21. Pension Examiners and Boards; Lump Sum Payments
10-16-7-22. Parenting Time; Making Up Lost Parenting Time
10-16-7-23. Extension of Federal Benefits
10-16-7-24. Administration of "Pdhra"
10-16-7-25. Transfers of Property Forfeited to the United States