New Hampshire Revised Statutes 110-B:71 – Relief, Privileges and Immunities
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I. No officer, warrant officer or enlisted person shall be personally liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by them or by their order, while performing a military duty lawfully ordered under the provisions of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officer, warrant officer or enlisted person.
II. Members of the national guard shall, except for treason, felony or breach of the peace, be privileged from arrest and imprisonment while under orders in the active service of the state from the date of the issuing of such orders to the time when such service shall cease, or while going to, remaining at or returning from, any place at which the individual may be required to attend any military duty.
III. The reports and communications of all officers, warrant officers and members of the national guard in the line of their military duty addressed to their superiors shall be privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of the state.
IV. No persons belonging to the national guard of the state shall be arrested or detained on any civil process while going to, remaining at, or returning from any place at which they may be required to attend for any military duty.
V. Notwithstanding any other provision of this section to the contrary, any police officer may arrest or be requested by the adjutant general to arrest any member of the national guard who is absent without leave from any training assembly, drill, period of annual training or any other duty time and shall keep said member in custody for not more than 24 hours until turned over to military authority.
VI. Notwithstanding any other law, a member of the New Hampshire national guard shall be treated as a resident and citizen of the state of New Hampshire for the purpose of entitlement to benefits, privileges, and immunities provided under state law to members of the New Hampshire national guard.
II. Members of the national guard shall, except for treason, felony or breach of the peace, be privileged from arrest and imprisonment while under orders in the active service of the state from the date of the issuing of such orders to the time when such service shall cease, or while going to, remaining at or returning from, any place at which the individual may be required to attend any military duty.
Terms Used In New Hampshire Revised Statutes 110-B:71
- Arrest: Taking physical custody of a person by lawful authority.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- national guard: shall mean and refer to the army national guard and the air national guard unless otherwise indicated. See New Hampshire Revised Statutes 110-B:1-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The reports and communications of all officers, warrant officers and members of the national guard in the line of their military duty addressed to their superiors shall be privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of the state.
IV. No persons belonging to the national guard of the state shall be arrested or detained on any civil process while going to, remaining at, or returning from any place at which they may be required to attend for any military duty.
V. Notwithstanding any other provision of this section to the contrary, any police officer may arrest or be requested by the adjutant general to arrest any member of the national guard who is absent without leave from any training assembly, drill, period of annual training or any other duty time and shall keep said member in custody for not more than 24 hours until turned over to military authority.
VI. Notwithstanding any other law, a member of the New Hampshire national guard shall be treated as a resident and citizen of the state of New Hampshire for the purpose of entitlement to benefits, privileges, and immunities provided under state law to members of the New Hampshire national guard.