ROBERT L. EHRLICH, JR., Governor                                 Ch. 5

ABSENCE WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING WHILE ACTUALLY
SERVING UNDER THE STATE ACTIVE DUTY ORDERS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 42.

In subsection (a)(1) of this section, the reference to this "title" is
substituted for the former reference to this "article" to reflect that former
Article 65 is revised in this title.

In subsection (b) of this section, the word "State" active duty is added to
conform with the defined term.

Defined terms: "County" § 1-101
"State active duty" § 13-101

13-708. 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 AN 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.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 52.

In subsection (a) of this section, the former reference to members of the
organized militia not being liable for any act done "by them" while
discharging their duty is deleted as implicit in the reference to members of
the militia not being liable "for an act done while discharging a duty".

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