§ 1154. Service outside State

(a) The State Guard shall not be required to serve outside the boundaries of this State except:

(1) Upon the request of the governor of another state, the Governor may, in his or her discretion, order any portion or all of the State Guard to assist the military or police forces of the other state who are actually engaged in defending the other state. The State Guard may be recalled by the Governor at his or her discretion.

(2) Any organization, unit, or detachment of the State Guard, upon order of the officer in immediate command of it, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this State into another state until they are apprehended or captured by the organization, unit, or detachment, or until the military or police forces of the other state or of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons, provided that the other state shall have given authority by law for the pursuit by the State Guard.

(b) Any person apprehended or captured in another state by an organization, unit, or detachment of the State Guard shall without unnecessary delay be surrendered to the military or police forces of the state in which he or she is taken or to the United States. The surrender of the person who is apprehended or captured shall not constitute a waiver by this State of its right to extradite or prosecute the person for any crime committed in this State. (Amended 2021, No. 10, § 58.)