ROBERT L. EHRLICH, JR., Governor

Ch. 5

the composition of the National Guard, is inconsistent with the definition
of the National Guard in 10 U.S.C. § 101.

Defined term: "National Guard" § 13-101
13-402. POLICE POWER

(A)     IN GENERAL.

A MEMBER OF THE NATIONAL GUARD HAS THE SAME POLICE POWER,
AUTHORITY, AND STATUS WITH RESPECT TO THE ENFORCEMENT OF THE LAW
RELATING TO CRIMINAL MATTERS IN THE MILITARY AREA TO WHICH THE MEMBER
IS ASSIGNED, AS A LAW ENFORCEMENT OR PEACE OFFICER HAS IN THE OFFICER'S
RESPECTIVE JURISDICTION IF:

(1)      THE ADJUTANT GENERAL DESIGNATES THE MEMBER AS NATIONAL
GUARD FULL-TIME SUPPORT PERSONNEL UNDER TITLE 32 OF THE UNITED STATES
CODE;

(2)      THE DEPARTMENT CONTROLS OR HAS JURISDICTION OVER THE
MEMBER; AND

(3)      THE MEMBER IS ACTING AS A NATIONAL GUARD MEMBER

(B)     DEFENSES.

A MEMBER OF THE NATIONAL GUARD HAS THE IMMUNITIES AND DEFENSES
AVAILABLE TO A LAW ENFORCEMENT OR PEACE OFFICER IN A CRIMINAL
PROCEEDING OR CIVIL SUIT BROUGHT BECAUSE OF AN ACT PERFORMED IN THE
COURSE OF EMPLOYMENT AND DUTY UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 8A.

In the introductory language of subsection (a) and in subsection (b) of this
section, the reference to "law enforcement" officer is substituted for the
former reference to "sheriffs, constables, [or] police" for brevity.

In subsection (b) of this section, the reference to having "immunities and
defenses" available is substituted for the former reference to having
immunities and defenses "now available or such as hereafter may be made
available" for brevity.

Defined terms: "Department" § 13-101
"National Guard" § 13-101

13-403. ASSIGNMENT TO DIVISIONS, BRIGADES, AND OTHER TACTICAL UNITS.

(A) IN GENERAL.

TO MAINTAIN AN APPROPRIATE ORGANIZATION AND TO ASSIST IN
INSTRUCTION AND TRAINING, THE PRESIDENT OF THE UNITED STATES MAY:

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