(1) Officers, warrant officers, and enlisted men of the Kentucky National Guard or Kentucky active militia ordered into state active duty by the Governor, and when specifically directed by the Governor, shall be deemed peace officers as defined in KRS § 61.310 and KRS § 446.010. They shall have all the powers and immunities of peace officers, and shall not be liable, civilly or criminally, for any act done by them in pursuance of duty in state active duty.
(2) No officer, warrant officer, or enlisted man of the Kentucky National Guard or Kentucky active militia shall be arrested, except in case of a felony, while going to, remaining at, or returning from a place where he is ordered to attend for state active duty.

Terms Used In Kentucky Statutes 38.480

  • Kentucky National Guard: includes the Army National Guard and Air National
    Guard. See Kentucky Statutes 38.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • State active duty: is:
    (a) The ordering by the Governor of personnel or units of the Kentucky National
    Guard to perform any duty authorized by KRS §. See Kentucky Statutes 38.010

Effective: April 9, 1992
History: Amended 1992 Ky. Acts ch. 307, sec. 9, effective April 9, 1992. — Amended
1968 Ky. Acts ch. 130, sec. 1. — Amended 1954 Ky. Acts ch. 98, sec. 26. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-208, 2711a-240.

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