Indiana § 10-16-7-7 - Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States; procurement of medical insurance

Full text of Indiana Indiana Code § 10-16-7-7 — Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States; procurement of medical insurance, with citation guidance and answers to common questions.

§ 10-16-7-7. Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States; procurement of medical insurance

Sec. 7. (a) The governor shall order on state duty all or part of the Indiana National Guard in the following cases:

(1) War.

(2) Invasion.

(3) Insurrection.

(4) Public disaster.

(5) Breach of the peace or imminent danger of breach of the peace.

(6) Forcible obstruction of the execution of the laws, or reasonable belief that the execution of the laws will be obstructed.

(7) At any other time the governor considers necessary.

(b) A member of the Indiana National Guard who is ordered out on duty may not be held civilly liable for any act done by the person in the discharge of the person's military duty. The member may not be subject to criminal prosecution if an alleged criminal act occurred while the member was carrying out the orders of a superior officer that the member reasonably believed to be legal orders under all of the attendant facts and circumstances.

(c) If the President of the United States calls, orders, or requisitions troops, the governor shall first order into the service of the United States the organization and arms of the service specified in the president's requisition.

(d) If a civil suit or proceeding is commenced in any court by any person against any member of the Indiana National Guard acting under the authority of an order described in subsection (b), the attorney general shall defend the member. If the action or proceeding is criminal, the governor shall designate counsel to represent the accused and the state will be financially responsible for the expense of the defense of any civil or criminal action incurred. The expenses for the defense shall be paid by the adjutant general out of appropriated funds.

(e) The adjutant general may procure a medical insurance plan for members of the Indiana National Guard who are ordered to state active duty.

[Pre-2003 Recodification Citation: 10-2-4-4.]

As added by P.L.2-2003, SEC.7. Amended by P.L.155-2025, SEC.2.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 10-16-7-7

What does Indiana Code § 10-16-7-7 cover?

Section 10-16-7-7 ("Governor; ordering on state duty; immunity from civil prosecution; order or requisition by President of the United States; procurement of medical insurance") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 10-16-7-7?

A common citation format is "Indiana Code § 10-16-7-7" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 10-16-7-7 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.