§ 12-62-404 - Civil or criminal liability for acts in scope of duty.
12-62-404. Civil or criminal liability for acts in scope of duty.
(a) Members of the militia ordered into the active service of the state by any proper authority shall not be civilly or criminally liable for any act or acts done by them in the performance of their duty.
(b) (1) When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by such officer in his official capacity in the discharge of any duty under this code or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence.
(2) A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs.
(c) (1) If any member of such forces is prosecuted by criminal action for any act performed or committed by such member while in the performance of military duty, all the expense of the defense of such action, including attorney's fees, witnesses' fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts thereof on appeal by the defense shall be paid by the state if:
(A) The Attorney General of the state shall be first consulted and approve the selection of the attorney for the defense;
(B) The Attorney General may, if he sees fit, assume the responsibility for the defense of such member and conduct the defense personally or by any one or more of his assistants.
(2) The expense of the defense, when not assumed by the Attorney General, shall be paid by the Adjutant General from funds appropriated to him upon vouchers and bills approved by the Attorney General.