Section 13-707 - Civil or criminal liability for acts in discharge of duty.
§ 13-707. Civil or criminal liability for acts in discharge of duty.
(a) In general.- A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.
(b) Security for payment and recovery of court costs.-
(1) The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:
(i) against an officer of the organized militia for an act done by the officer in the officer's official capacity in the discharge of a duty under this title;
(ii) against a person acting under the authority or order of an officer of the organized militia; or
(iii) by virtue of a warrant that an officer of the militia lawfully issues.
(2) In all cases, the defendant may make a general denial and give evidence.
(3) If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.
[An. Code 1957, art. 65, § 52; 2003, ch. 5, § 2; 2009, ch. 735, § 3.]