Bill Text: MS SB2284 | 2015 | Regular Session | Enrolled
Bill Title: National Guard militia; clarify immunity for members serving in federally funded duty status during declared emergencies.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-03-17 - Approved by Governor [SB2284 Detail]
Download: Mississippi-2015-SB2284-Enrolled.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Veterans and Military Affairs
By: Senator(s) Montgomery, Gandy, Moran
Senate Bill 2284
(As Sent to Governor)
AN ACT TO AMEND SECTION 33-7-311, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT NATIONAL GUARD SERVICE MEMBERS SERVING IN A FEDERALLY FUNDED DUTY STATUS DURING DECLARED EMERGENCIES SHALL BE IMMUNE CIVILLY AND CRIMINALLY FOR ACTS OR OMISSIONS DURING THE PERFORMANCE OF THEIR MILITARY DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-7-311, Mississippi Code of 1972, is amended as follows:
33-7-311. No member of the
militia ordered into the active service of the state, or ordered into any
Title 32 United States Code capacity for service during a period of declared
emergency under the Mississippi Emergency Management Law, Section 33-15-1 et
seq., shall be liable civilly or criminally for any act or omission
done, or caused, ordered or directed to be done, by him in furtherance of and
while in the performance of his military duty. When an action or proceeding of
any nature shall be commenced in any court by any person against any officer or
enlisted man of the militia for any act so done, or caused, ordered or directed
to be done, all the attorneys' fees, expenses of the defense of such
proceeding or action, civil or criminal, including fees of witnesses for the
defense, defendant's court costs, and all costs for transcripts of records and
abstract, thereof on appeal, shall be paid by the state, out of the Military
Fund. It shall be the duty of the Attorney General, either personally or by
one or more assistants, to defend * * * the officer or enlisted man. Where
the action or proceeding is criminal, the Adjutant General shall designate a
judge advocate of the National Guard or other authorized state military or
naval forces to conduct the defense of such member, or if the services of a judge
advocate * * *
are not available, then he shall select some other competent attorney to
conduct such defense, and the judge advocate or other attorney so selected
shall receive and be paid out of the Military Fund a reasonable compensation
for his professional services. In any such action or proceeding, the
defendant may require the person instituting or prosecuting the same to file
security for payment of all costs, which costs if recovered in action, the
costs whereof have been paid out of the Military Fund, shall be paid into the
State Treasury for the benefit of the Military Fund. In any such suit against
a member of the militia of this state, such member shall be entitled to have
the venue changed to the appropriate court of his county of residence. In any
such suit against two (2) or more members of the militia of this state,
each of them shall be entitled to a severance. The immunities granted in
this section are in addition to any other immunities conferred upon the militia
by any other law, and nothing in this section shall abrogate or repeal any
other such immunities.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
