Sec. 8. (a) On days of military duty, the Indiana national guard, called out by proper authority and performing military duty, is considered to be under military discipline. An officer or enlisted person is not subject to arrest on any civil process during this time.

     (b) For purposes of this section:

Terms Used In Indiana Code 10-16-7-8

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(1) an attachment for contempt for failure to obey the command of a subpoena to testify is a civil process; and

(2) a citation for a traffic violation is not a civil process.

[Pre-2003 Recodification Citation: 10-2-4-5.]

As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.18.