CHAPTER 8. GUARD RESERVE
IC 10-16-8
Chapter 8. Guard Reserve
IC 10-16-8-1
Organization
Sec. 1. (a) To supplement the Indiana national guard, the governor
may organize and maintain within Indiana military forces the
governor considers necessary to defend Indiana if any part of the
Indiana national guard is in active federal service.
(b) The Indiana guard reserve shall be composed of officers,
commissioned or assigned, and able bodied citizens who volunteer
for service, supplemented, if necessary, by members of the militia
enrolled by draft or otherwise as provided by law.
(c) These forces:
(1) are additional to and distinct from the Indiana national
guard; and
(2) shall be known as the Indiana guard reserve.
The members of the Indiana guard reserve may be uniformed.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-2
Rules and regulations
Sec. 2. (a) The governor may adopt rules and regulations not
inconsistent with this chapter governing the enlistment, organization,
administration, equipment, maintenance, training, and discipline of
members of the Indiana guard reserve. However, the rules and
regulations must conform to applicable law governing and pertaining
to the Indiana national guard and the rules and regulations adopted
under those laws and under regulations as the Secretary of Defense
of the United States may prescribe for the organization, standard of
training, instruction, and discipline.
(b) The adjutant general is designated as the commanding officer
of the Indiana guard reserve. The administration of the Indiana guard
reserve shall be in the state military department.
(c) The governor may disband the Indiana guard reserve at any
time the governor considers necessary and safe.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-3
Payment of expenses
Sec. 3. The adjutant general shall determine and pay for
administration, operation, training, and all expenses incidental to
administration, operation, and training that are incurred in carrying
out this chapter.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-4
Requisitions; use of public buildings and property
Sec. 4. (a) For the use of members of the Indiana guard reserve,
the governor may requisition from the secretary of defense arms,
ammunition, clothing, and equipment that the secretary of defense
may issue.
(b) The governor shall make available the facilities of state
armories and their equipment and other state premises and property
as may be available.
(c) School authorities may allow the use of school buildings and
school grounds by the Indiana guard reserve, on the terms and
conditions set out by the adjutant general.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-5
Service outside state; insurrectionists; saboteurs; enemies; pursuit
beyond state; extradiction
Sec. 5. The Indiana guard reserve may not be required to serve
outside Indiana except as follows:
(1) Upon the request of the governor of another state, the
governor of Indiana may order any part of or all the Indiana
guard reserve to assist the military or police forces of another
state who are engaged in defending the other state. The
governor may recall these forces.
(2) An organization, a unit, or a detachment of the Indiana
guard reserve, upon order of the officer in immediate command
of the guard reserve, may continue in fresh pursuit of
insurrectionists, saboteurs, enemies, or enemy forces beyond the
borders of Indiana into another state until the insurrectionists,
saboteurs, enemies, or enemy forces are apprehended or
captured by the organization, unit, or detachment or until the
military or police forces of the other state or the forces of the
United States have had a reasonable opportunity to take up the
pursuit or to apprehend or capture the persons. The pursuit is
not authorized unless the other state gives authority by law for
the pursuit by forces of Indiana. Any persons who are
apprehended or captured in another state by an organization,
unit, or detachment of the forces of Indiana shall without
unnecessary delay be surrendered to the military or police
forces of the state in which they are taken or to the United
States. The surrender of insurrectionists or saboteurs to the
military or police forces of the other state does not constitute a
waiver by Indiana of its right to extradite or prosecute the
insurrectionists or saboteurs for any crime committed in
Indiana.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-6
Military forces of foreign states; pursuit into state
Sec. 6. (a) Military forces, organizations, units, or detachments of
another state that are in fresh pursuit of insurrectionists, saboteurs,
enemies, or enemy forces may continue the pursuit into Indiana until
the military or police forces of Indiana or the forces of the United
States have had a reasonable opportunity to take up the pursuit or to
apprehend or capture the insurrectionists, saboteurs, enemies, or
enemy forces.
(b) Military forces, organizations, units, or detachments of another
state may arrest or capture insurrectionists, saboteurs, enemies, or
enemy forces within Indiana while in fresh pursuit. A person who is
captured or arrested by the military forces of the other state while in
Indiana shall without unnecessary delay be surrendered to the
military or police forces of Indiana to be dealt with according to law.
(c) This section may not be construed to make unlawful any arrest
in Indiana that would otherwise be lawful. This section does not
repeal any provision of IC 35-33-3.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-7
Drafts for military service of United States; exemptions
Sec. 7. This chapter may not be construed to authorize the Indiana
guard reserve or any part of the Indiana guard reserve to be called,
ordered, or in any manner drafted into the military services of the
United States. However, a person may not, by reason of the person's
enlistment or commission in the Indiana guard reserve, be exempted
from United States military service required under any law of the
United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-8
Civil organizations; enlistment as unit
Sec. 8. A civil organization, a society, a club, a post, an order, a
fraternity, an association, a brotherhood, a body, a union, a league,
or any other combination of persons or civil groups may not be
enlisted in the Indiana guard reserve as an organization or unit.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-9
Qualifications; citizenship; dishonorable discharge from military
organizations
Sec. 9. A person may not be commissioned or enlisted in the
Indiana guard reserve if the person is not a citizen of the United
States or if the person has been expelled or dishonorably discharged
from any military or naval organization of this state, of another state,
or of the United States.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-10
Oath of officers
Sec. 10. The oath to be taken by officers commissioned in the
Indiana guard reserve shall be substantially in the form prescribed for
officers of the national guard, substituting the words "Indiana guard
reserve" where necessary.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-11
Term of enlistment; oath of enlisted persons
Sec. 11. A person may not be enlisted for more than three (3)
years. However, an enlistment may be renewed. The oath to be taken
upon enlistment in the Indiana guard reserve shall be substantially in
the form prescribed for enlisted persons of the national guard,
substituting the words "Indiana guard reserve" where necessary.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-12
Uniform code of military justice; arrest of members
Sec. 12. (a) If the Indiana guard reserve or any part of the Indiana
guard reserve is ordered out for active service or armory drill:
(1) the uniform code of military justice governing the Indiana
national guard relating to courts-martial, their jurisdiction, and
the limits of punishment; and
(2) the rules and regulations prescribed under the uniform code
of military justice;
are in full force and effect as provided for in IC 10-16-9-1.
(b) An officer or enlisted person of the Indiana guard reserve may
not be arrested on any warrant, except for treason or felony, while
going to, remaining at, or returning from a place where ordered to
attend for military duty. An officer and enlisted person of the Indiana
guard reserve is, during the service in the Indiana guard reserve,
exempt from service upon any posse comitatus.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-13
Group insurance
Sec. 13. The adjutant general of Indiana, with the approval of the
governor, may procure a policy of group insurance for and covering
members of the military forces of Indiana covering and insuring
against any injury received or had by members from any accident
while on drill or active duty.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-14
Drill and instruction; pay; payrolls
Sec. 14. (a) The members of the Indiana guard reserve provided
for in this chapter shall receive pay quarterly for time spent in
authorized drill and instruction to be paid from any appropriation
enacted for that purpose.
(b) The adjutant general shall:
(1) cause quarterly payrolls to be prepared and submitted; and
(2) provide regulations for the processing of payrolls.
(c) This section applies only to drill and instruction pay and does
not apply to payroll for active duty.
As added by P.L.2-2003, SEC.7.
IC 10-16-8-15
Racial group; proportional representation; segregation prohibited
Sec. 15. (a) Adequate provisions shall be made to allow the
enlistment and induction of able bodied citizens of each and all racial
groups in Indiana into all branches and departments of the Indiana
guard reserve organized to defend and enforce the laws of Indiana.
To that end, all racial groups in Indiana are entitled to that
representation in each branch or department of the Indiana guard
reserve in approximate proportion to the group or groups to the
population of Indiana. However, this section or any other statute may
not be construed so as to allow racial segregation.
(b) Race or color may not be a cause for excluding the application
to serve or the service of any person in any branch of service
provided for in this chapter.
As added by P.L.2-2003, SEC.7.