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Home » US Law » 2022 Idaho Code » Title 46 - MILITIA AND MILITARY AFFAIRS » Chapter 4 - IMMUNITIES AND PRIVILEGES

Section 46-401 – IMMUNITY FROM ARREST.

46-401. IMMUNITY FROM ARREST. Members of the Idaho national guard, when said guard is in the service of the United States, or the state of Idaho, shall not be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. […]

Section 46-402 – IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY.

46-402. IMMUNITY FOR ACTS DONE IN PERFORMANCE OF DUTY. Members of the Idaho national guard ordered into active service of the state by any proper authority shall not be liable in any court of this state, either civil or criminal for any acts done by them in performance of their duty. When suit or proceedings […]

Section 46-403 – EQUIPMENT EXEMPT FROM CIVIL PROCESS.

46-403. EQUIPMENT EXEMPT FROM CIVIL PROCESS. Uniforms, arms, and equipment, required by law or regulations to be owned by officers of the national guard of this state, and all uniforms, arms, equipment, or other property of state or the United States issued to said officers or enlisted men of the national guard of this state, […]

Section 46-404 – RIGHT OF WAY IN STREETS — PENALTIES.

46-404. RIGHT OF WAY IN STREETS — PENALTIES. The commanding officer of any portion of the Idaho national guard called into the active service of the state when performing any military duty in any street or highway, may require any or all persons in such street or highway to yield the right of way to […]

Section 46-405 – EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES.

46-405. EXEMPTION FROM TOLL IN PERFORMANCE OF DUTIES. Any person belonging to the Idaho national guard going to or returning from any parade, encampment, drill or meeting which he may be required to attend under the laws and regulations for said national guard, shall, together with his conveyance and the military property of the state […]

Section 46-406 – EXEMPTION FROM JURY DUTY.

46-406. EXEMPTION FROM JURY DUTY. Any member of the national guard shall be exempt from sitting or serving as juror in any of the courts of this state, provided he shall furnish the certificate of his immediate commanding officer that he has performed the duties required by his enlistment or commission. No member of the […]

Section 46-407 – REEMPLOYMENT RIGHTS.

46-407. REEMPLOYMENT RIGHTS. (a) Any member of the Idaho national guard who is ordered to duty by the governor, or any Idaho employee who is a member of the national guard of another state and who is called into active service by the governor of that state, and who at the time of such order […]

Section 46-408 – SECURITY OF THE ORCHARD TRAINING AREA.

46-408. SECURITY OF THE ORCHARD TRAINING AREA. Employees of the military division of the state of Idaho who are performing security duties at the Orchard training area located in Ada and Elmore counties may, in addition to their power to protect and secure military property and persons, detain for civil law enforcement authorities any person […]

Section 46-409 – THE MILITIA CIVIL RELIEF ACT.

46-409. THE MILITIA CIVIL RELIEF ACT. (1) As used in this section, the following terms have the following meanings: (a) "Active member" means any member of the air or army national guard who is called or ordered by the governor to state active duty, or to duty other than for training under title 32 U.S.C., […]