January 21, 2003, read first time and referred to Committee on Judiciary.
January 30, 2003, amended, reported favorably _ Do Pass.
February 3, 2003, read second time, amended, ordered engrossed.
February 4, 2003, engrossed. Read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
March 4, 2003, read first time and referred to Committee on Interstate and International
Cooperation.
March 27, 2003, amended, reported _ Do Pass.
March 28, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
SENATE BILL No. 455
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-1-2.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. It is the intent of this
chapter to provide information and data with reference to the total
criminal justice system that will be equally beneficial to all officers,
agencies, and components of said the system so that each may better
perform his or its their respective duties for the overall improvement
of criminal justice. Rules and regulations adopted pursuant to under
this chapter shall be drafted so as to express this intent. Any public
official required by said the rules and regulations to report to the
division who fails to comply with the requests of the superintendent for
such the information or data, or with the governing records and
systems and equipment and their maintenance may, at the discretion of
the director of the criminal justice planning agency, be denied the
benefits of the system until meeting minimum compliance with said
regulations. the rules. An official who knowingly, intentionally, or
recklessly makes a false return of information to the division commits
a Class A misdemeanor.
SECTION 2. IC 10-2-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. The definitions appearing in this
section shall apply to words in this article, unless otherwise apparent
from the context and are subject to organization modification as
adopted by regular army and regular air force troop structures which
are incorporated in this article by reference:
"Armory" means real property and facilities located on the real
property that are used by the military or naval forces of the state
for drill, meeting, training, and rendezvous purposes.
"National guard" means the Indiana army national guard and the
Indiana air national guard.
"Company", "troop", "battery", "squadron", "battalion", "air-group",
"regiment", "battle group", "wing", and "division", where referred to in
this article, shall have the same meaning as comparably used in the
national military establishment.
"Commanding officer" denotes a company, troop, battery, squadron,
battalion, air-group, regiment, battle group, wing, or division
commander.
"Court martial" means a military or naval court of justice for the
trial of cases within the jurisdiction of the armed forces of the state of
Indiana, as provided for in this article.
"Federally recognized national guard" denotes that portion of the
Indiana national guard which has met all the requirements for, and has
been recognized by, the national military establishment as a part of the
reserve components of the armed forces of the United States.
"General orders" shall mean the official instructions issued by the
military department of Indiana for the information and guidance of all
concerned.
"Headquarters" shall mean the office of the appropriate commander.
"National guard" may apply to the national guard of Indiana or the
national guard of the United States according to the tenor of the
appropriate section.
"Officer" shall mean commissioned officer, including warrant
officer, in the armed forces of the state of Indiana.
"Organization", where used in this article, may mean unit or
command.
"Regulations" shall mean the official rules of the appropriate
department.
"State and federal property" shall mean state property, real or
personal, owned by the state of Indiana or federal property owned by
the federal government and consigned to the state of Indiana for use in
its armed forces.
"Unit" where used in this article applies to military complements of
a company, detachment, troop, battery, or any larger command
organization.
SECTION 3. IC 10-2-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 1. Pursuant to article 12, section 1
of the constitution of Indiana, the militia
shall consist consists of all
able-bodied male persons
between the ages of at least eighteen (18)
and forty-five (45) years
of age except
such as may be those persons
who are exempted by the laws of the United States or of this state.
and
said The militia shall be divided into two (2) classes.
SECTION 4. IC 10-2-4-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 5.
(a) On days of military duty the
national guard, called out by proper authority, and performing military
duty, shall be considered to be under military discipline.
and no An
officer or enlisted person
shall may not be subject to be arrested on
any civil process during the time aforesaid.
(b) For purposes of this section:
(1) an attachment for contempt for failure to obey the
command of a subpoena to testify is a civil process; and
(2) a citation for a traffic violation is not a civil process.
SECTION 5. IC 10-2-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) Fines may be collected in the
following manner:
(1) By the retention of any pay or allowances due or to become
due from the state.
of the United States.
(2) By commitment to a jail designated by the reviewing authority
until such fine shall have been paid, or until one (1) day shall
have been served for each one dollar ($1) of the fine imposed.
(3) By payment to the treasurer of the county, who shall then
forthwith transmit said sum to the treasurer of state. The treasurer
of state shall then quarterly pay such sums to the armory board of
the state of Indiana, and such sums are hereby appropriated
continuously for the purposes of IC 10-2-2-16.5. It shall be
sufficient to record upon the payroll opposite the name of the
person fined a notation of the sentence of the court-martial and
the date of approval of the sentence, together with the name and
rank of the reviewing authority.
(b) Sentence of imprisonment imposed by the courts-martial during
active service or at camps of instruction shall be carried out by
confinement in a guardhouse, tent, or other places designated by the
reviewing authority. Sentence of imprisonment imposed by
courts-martial upon persons not in active service or at camps of
instruction shall be carried out by confinement in a jail to be designated
by the reviewing authority.
SECTION 6. IC 10-4-1-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The director of each local
organization for emergency management may develop or cause to be
developed mutual aid arrangements with other public and private
agencies within this state for reciprocal emergency management aid
and assistance in case of disaster too great to be dealt with unassisted.
Such arrangements shall be consistent with the state emergency
management program and state emergency operations plan. In time of
emergency it shall be the duty of each local organization for emergency
management and the department to render assistance in accordance
with the provisions of such mutual aid arrangements.
(b) The director of each local organization for emergency
management and disaster may assist in negotiation of reciprocal mutual
aid agreements between the governor and the adjoining state or its
political subdivisions and shall carry out arrangements or any such
agreement relating to the local and political subdivision.
(c) This subsection applies when the governor finds that two (2) or
more adjoining counties would be better served by an
interjurisdictional arrangement than by maintaining separate disaster
agencies and services. The governor may, with the concurrence of the
affected counties, delineate by executive order or regulation an
interjurisdictional area adequate to plan for, prevent, or respond to
disaster in that area, and direct steps to be taken as necessary, including
the creation of an interjurisdictional relationship, a joint emergency
operations plan, mutual aid, or an area organization for emergency
management planning and services. A finding of the governor under
this subsection must be based on one (1) or more factors related to the
difficulty of maintaining an efficient and effective disaster prevention,
preparedness, response, and recovery system on an unijurisdictional
basis, such as the following:
(1) Small or sparse population.
(2) Limitations on public financial resources severe enough to
make maintenance of a separate disaster agency and services
unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a past
history of disaster, topographical features, drainage
characteristics, disaster potential, and presence of disaster prone
facilities or operations.
(4) The interrelated character of the counties in a multicounty
area.
(5) Other relevant conditions or circumstances.
(d) If the governor finds that a vulnerable area lies only partly within
this state and includes territory in another state or states and that it
would be desirable to establish an interstate relationship, mutual aid,
or an area organization for disaster, the governor shall take steps to that
end as are desirable. If action under this subsection is taken with
jurisdictions that have enacted the
interstate emergency management
and disaster assistance compact, any resulting agreement or
agreements may be considered supplemental agreements pursuant to
article
6 7 of that compact.
(e) If the other jurisdiction or jurisdictions with which the governor
proposes to cooperate pursuant to subsection (d) have not enacted the
interstate emergency management
and disaster assistance compact, the
governor may negotiate special agreements with the jurisdiction or
jurisdictions. Any agreement, if sufficient authority for its making does
not otherwise exist, becomes effective only after its text has been
communicated to the legislature and so long as no house of the
legislature has disapproved the agreement either by the adjournment of
the next ensuing session which is competent to consider the agreement
or within thirty (30) days of submission of the agreement, whichever
is longer.
SECTION 7. IC 10-4-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) Each political
subdivision within this state shall be within the jurisdiction of and
served by a department of emergency management or by an
interjurisdictional agency responsible for disaster preparedness and
coordination of response.
(b) Each county shall maintain a county emergency management
advisory council and a county emergency management organization or
participate in an interjurisdictional disaster agency which, except as
otherwise provided under this chapter, may have jurisdiction over and
serve the entire county.
(c) In whatever county in this state a county emergency management
advisory council does not exist by March 6, 1951, it is directed that a
county emergency management advisory council be organized under
the temporary chairmanship of the executive of the county seat, with
the assistance of all other city and town executives in the county, the
president of the county fiscal body, and the president of the county
executive.
(d) (c) The county emergency management advisory council shall
consist of the following individuals or their designees:
(1) The president of the county executive
or, if the county
executive does not have a president, a member of the county
executive appointed from the membership of the county
executive.
(2) The president of the county fiscal body.
(3) The mayor of each city located in the county.
(4) An individual representing the legislative bodies of all towns
located within the county.
(5) Representatives of such private and public agencies or
organizations which can be of assistance to emergency
management as the organizing group considers appropriate, or as
may be added later by the county emergency management
advisory council.
(6) One (1) commander of a local civil air patrol unit in the
county or the commander's designee.
(e) Upon the organization of the county emergency management
advisory council and the selection of a chairman from its membership,
the organizing group shall be dissolved.
(f) (d) The county emergency management advisory council shall
exercise general supervision and control over the emergency
management and disaster program of the county and shall select or
cause to be selected, with the approval of the county executive, a
county emergency management and disaster director who shall have
direct responsibility for the organization, administration, and operation
of the emergency management program in the county and shall be
responsible to the chairman of the county emergency management
advisory council.
(g) (e) Any provision of this chapter or other law to the contrary
notwithstanding, the governor may require a political subdivision to
establish and maintain a disaster agency jointly with one (1) or more
contiguous political subdivisions with the concurrence of the affected
political divisions if he the governor finds that the establishment and
maintenance of an agency or participation in one is made necessary by
circumstances or conditions that make it unusually difficult to provide
disaster prevention, preparedness, response, or recovery services under
other provisions of this chapter.
(h) (f) Each political subdivision which that does not have a disaster
agency and has not made arrangements to secure or participate in the
services of an agency shall have an emergency management director
designated to facilitate the cooperation and protection of that
subdivision in the work of disaster prevention, preparedness, response,
and recovery.
(i) (g) The county emergency management and disaster director and
personnel of the department may be provided with appropriate office
space, furniture, vehicles, communications, equipment, supplies,
stationery, and printing in the same manner as provided for personnel
of other county agencies.
(j) (h) Each local or interjurisdictional agency shall prepare and
keep current a local or interjurisdictional disaster emergency plan for
its area.
(k) (i) The local or interjurisdictional disaster agency, as the case
may be, shall prepare and distribute to all appropriate officials in
written form a clear and complete statement of the emergency
responsibilities of all local agencies and officials and of the disaster
chain of command.
(l) (j) Each political subdivision may:
(1) appropriate and expend funds, make contracts, obtain and
distribute equipment, materials, and supplies for emergency
management and disaster purposes; provide for the health and
safety of persons and property, including emergency assistance to
the victims of any disaster resulting from enemy attack; provide
for a comprehensive insurance program for its emergency
management volunteers; and direct and coordinate the
development of an emergency management program and
emergency operations plan in accordance with the policies and
plans set by the federal civil defense agency and the state
emergency management agency;
(2) appoint, employ, remove, or provide, with or without
compensation, rescue teams, auxiliary fire and police personnel,
and other emergency management and disaster workers;
(3) establish a primary and one (1) or more secondary control
centers to serve as command posts during an emergency;
(4) subject to the order of the governor or the chief executive of
the political subdivision, assign and make available for duty the
employees, property, or equipment of the subdivision relating to
fire fighting, engineering, rescue, health, medical and related
services, police, transportation, construction, and similar items or
services for emergency management and disaster purposes and
within or outside of the physical limits of the subdivision; and
(5) in the event of a national security emergency or state of
emergency as provided in section 7 of this chapter, waive
procedures and formalities otherwise required by law pertaining
to the performance of public work, the entering into of contracts,
the incurring of obligations, the employment of permanent and
temporary workers, the utilization of volunteer workers, the rental
of equipment, the purchase and distribution of supplies, materials,
and facilities, and the appropriation and expenditure of public
funds.
SECTION 8. IC 10-4-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21. A person who
knowingly, intentionally, or recklessly violates this chapter commits
a Class B misdemeanor.
SECTION 9. IC 10-9-2-3, AS ADDED BY P.L.178-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) A quorum consists of eight (8) of the voting
members of the foundation described in section 2(b)(2) through 2(b)(6)
of this chapter.
(b) One (1) of the following is necessary for the foundation to take
action:
(1) An affirmative vote by at least a majority of the quorum. eight
(8) of the fifteen (15) voting members.
(2) A tie vote broken by the executive director.
SECTION 10. IC 10-13-2-12, AS ADDED BY SEA 257-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. (a) It is the intent of the general assembly in
enacting this chapter to provide information and data with reference to
the total criminal justice system that will be equally beneficial to all
officers, agencies, and components of the criminal justice system to
better perform their respective duties for the overall improvement of
criminal justice. Rules adopted under this chapter shall be drafted to
express this intent.
(b) If a public official:
(1) is required by the rules to report to the division; and
(2) fails to comply with:
(A) the requests of the superintendent for information or data;
or
(B) the rules governing records and systems and equipment
and their maintenance;
the director of the criminal justice planning agency may deny the
public official the benefits of the system until the public official
complies with the rules.
(c) An official who knowingly, intentionally, or recklessly makes
a false return of information to the division commits a Class A
misdemeanor.
SECTION 11. IC 10-14-3-16, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 16. (a) The director of a local organization for
emergency management may develop or cause to be developed mutual
aid arrangements with other public and private agencies within Indiana
for reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted. An arrangement must be
consistent with the state emergency management program and state
emergency operations plan. During an emergency, a local organization
for emergency management and the agency shall render assistance in
accordance with the provisions of the mutual aid arrangement.
(b) The director of a local organization for emergency management
and disaster:
(1) may assist in the negotiation of reciprocal mutual aid
agreements between the governor and the adjoining state or the
state's political subdivisions; and
(2) shall carry out arrangements or any agreement relating to the
local and political subdivision.
(c) This subsection applies when the governor finds that two (2) or
more adjoining counties would be better served by an
interjurisdictional arrangement than by maintaining separate disaster
agencies and services. The governor may, with the concurrence of the
affected counties, delineate by executive order or regulation an
interjurisdictional area adequate to plan for, prevent, or respond to
disaster in that area, and direct steps to be taken as necessary, including
the creation of an interjurisdictional relationship, a joint emergency
operations plan, mutual aid, or an area organization for emergency
management planning and services. A finding of the governor under
this subsection must be based on one (1) or more factors related to the
difficulty of maintaining an efficient and effective disaster prevention,
preparedness, response, and recovery system on a unijurisdictional
basis, including the following factors:
(1) Small or sparse population.
(2) Limitations on public financial resources severe enough to
make maintenance of a separate disaster agency and services
unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a history of
disaster, topographical features, drainage characteristics, disaster
potential, and presence of disaster prone facilities or operations.
(4) The interrelated character of the counties in a multicounty
area.
(5) Other relevant conditions or circumstances.
(d) If the governor finds that:
(1) a vulnerable area lies partly in Indiana and includes territory
in another state or states; and
(2) it would be desirable to establish an interstate relationship,
mutual aid, or an area organization for disaster;
the governor shall take steps to establish an interstate relationship. If
action under this subsection is taken with jurisdictions that have
enacted the
interstate emergency management
and disaster assistance
compact, any resulting agreement or agreements may be considered
supplemental agreements under article
6 7 of the compact.
(e) If the other jurisdiction or jurisdictions with which the governor
proposes to cooperate under subsection (d) have not enacted the
interstate emergency management
and disaster assistance compact, the
governor may negotiate special agreements with the jurisdiction or
jurisdictions. An agreement, if sufficient authority for making the
agreement does not otherwise exist, becomes effective only:
(1) after the agreement's text has been communicated to the
general assembly; and
(2) if a house of the general assembly does not disapprove of the
agreement by the later of:
(A) the date of adjournment of the next ensuing session that is
competent to consider the agreement; or
(B) not more than thirty (30) days after the date of the
submission of the agreement.
SECTION 12. IC 10-14-3-17, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 17. (a) A political subdivision is:
(1) within the jurisdiction of; and
(2) served by;
a department of emergency management or by an interjurisdictional
agency responsible for disaster preparedness and coordination of
response.
(b) A county shall:
(1) maintain a county emergency management advisory council
and a county emergency management organization; or
(2) participate in an interjurisdictional disaster agency that, except
as otherwise provided under this chapter, may have jurisdiction
over and serve the entire county.
(c) The county emergency management advisory council consists of
the following individuals or their designees:
(1) The president of the county executive
or, if the county
executive does not have a president, a member of the county
executive appointed from the membership of the county
executive.
(2) The president of the county fiscal body.
(3) The mayor of each city located in the county.
(4) An individual representing the legislative bodies of all towns
located in the county.
(5) Representatives of private and public agencies or
organizations that can assist emergency management considered
appropriate by the county emergency management advisory
council.
(6) One (1) commander of a local civil air patrol unit in the
county or the commander's designee.
(d) The county emergency management advisory council shall do
the following:
(1) Exercise general supervision and control over the emergency
management and disaster program of the county.
(2) Select or cause to be selected, with the approval of the county
executive, a county emergency management and disaster director
who:
(A) has direct responsibility for the organization,
administration, and operation of the emergency management
program in the county; and
(B) is responsible to the chairman of the county emergency
management advisory council.
(e) Notwithstanding any provision of this chapter or other law to the
contrary, the governor may require a political subdivision to establish
and maintain a disaster agency jointly with one (1) or more contiguous
political subdivisions with the concurrence of the affected political
divisions if the governor finds that the establishment and maintenance
of an agency or participation in one
(1) is necessary by circumstances
or conditions that make it unusually difficult to provide:
(1) disaster prevention;
(2) preparedness;
(3) response; or
(4) recovery services;
under this chapter.
(f) A political subdivision that does not have a disaster agency and
has not made arrangements to secure or participate in the services of an
agency shall have an emergency management director designated to
facilitate the cooperation and protection of that political subdivision in
the work of:
(1) disaster prevention;
(2) preparedness;
(3) response; and
(4) recovery.
(g) The county emergency management and disaster director and
personnel of the department may be provided with appropriate:
(1) office space;
(2) furniture;
(3) vehicles;
(4) communications;
(5) equipment;
(6) supplies;
(7) stationery; and
(8) printing;
in the same manner as provided for personnel of other county agencies.
(h) Each local or interjurisdictional agency shall:
(1) prepare; and
(2) keep current;
a local or interjurisdictional disaster emergency plan for its area.
(i) The local or interjurisdictional disaster agency shall prepare and
distribute to all appropriate officials a clear and complete written
statement of:
(1) the emergency responsibilities of all local agencies and
officials; and
(2) the disaster chain of command.
(j) Each political subdivision may:
(1) appropriate and expend funds, make contracts, obtain and
distribute equipment, materials, and supplies for emergency
management and disaster purposes, provide for the health and
safety of persons and property, including emergency assistance to
the victims of a disaster resulting from enemy attack, provide for
a comprehensive insurance program for its emergency
management volunteers, and direct and coordinate the
development of an emergency management program and
emergency operations plan in accordance with the policies and
plans set by the federal emergency management agency and the
state emergency management agency;
(2) appoint, employ, remove, or provide, with or without
compensation:
(A) rescue teams;
(B) auxiliary fire and police personnel; and
(C) other emergency management and disaster workers;
(3) establish:
(A) a primary; and
(B) one (1) or more secondary;
control centers to serve as command posts during an emergency;
(4) subject to the order of the governor or the chief executive of
the political subdivision, assign and make available for duty the
employees, property, or equipment of the political subdivision
relating to:
(A) firefighting;
(B) engineering;
(C) rescue;
(D) health, medical, and related services;
(E) police;
(F) transportation;
(G) construction; and
(H) similar items or services;
for emergency management and disaster purposes within or
outside the physical limits of the political subdivision; and
(5) in the event of a national security emergency or disaster
emergency as provided in section 12 of this chapter, waive
procedures and formalities otherwise required by law pertaining
to:
(A) the performance of public work;
(B) the entering into of contracts;
(C) the incurring of obligations;
(D) the employment of permanent and temporary workers;
(E) the use of volunteer workers;
(F) the rental of equipment;
(G) the purchase and distribution of supplies, materials, and
facilities; and
(H) the appropriation and expenditure of public funds.
SECTION 13. IC 10-14-3-34, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 34. A person who
knowingly, intentionally, or
recklessly violates this chapter commits a Class B misdemeanor.
SECTION 14. IC 10-14-4-12, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. A person who
knowingly, intentionally, or
recklessly violates this chapter commits a Class B misdemeanor.
SECTION 15. IC 10-15-2-3, AS ADDED BY SEA 257-2003,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) A quorum consists of eight (8) of the voting
members of the foundation described in section 2(b)(2) through 2(b)(6)
of this chapter.
(b) One (1) of the following is necessary for the foundation to take
action:
(1) An affirmative vote by at least
a majority of the quorum. eight
(8) of the fifteen (15) members.
(2) A tie vote broken by the executive director.
SECTION 16. IC 10-16-1-2.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 2.5. "Armory" means real
property and facilities located on the real property that are used by
the military or naval forces of the state for drill, meeting, training,
and rendezvous purposes.
SECTION 17. IC 10-16-6-1, AS ADDED BY SEA 257-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. Under Article 12, Section 1 of the Constitution
of the State of Indiana, the militia consists of all
able-bodied males
persons who are
(1) at least eighteen (18) years of age
and
(2) less than forty-six (46) years of age;
except those persons who are exempted by the laws of the United
States or of Indiana.
SECTION 18. IC 10-16-7-8, AS ADDED BY SEA 257-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 8.
(a) On days of military duty, the Indiana
national guard, called out by proper authority and performing military
duty, is considered to be under military discipline. An officer or
enlisted person is not subject to arrest on any civil process during this
time.
(b) For purposes of this section:
(1) an attachment for contempt for failure to obey the
command of a subpoena to testify is a civil process; and
(2) a citation for a traffic violation is not a civil process.
SECTION 19. IC 10-16-9-3, AS ADDED BY SEA 257-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) Fines may be collected in the following
manner:
(1) By the retention of any pay or allowances due or to become
due from the state.
or the United States.
(2) By commitment to a jail designated by the reviewing authority
until the fine is paid or until one (1) day is served for each one
dollar ($1) of the fine imposed.
(3) By payment to the county treasurer. The county treasurer shall
immediately transmit the payment to the treasurer of state. The
treasurer of state shall quarterly pay the sums to the armory board,
and the sums are appropriated continuously for the purposes of
IC 10-16-3-11. It is sufficient to record upon the payroll opposite
the name of the person fined a notation of the sentence of the
court-martial and the date of approval of the sentence, together
with the name and rank of the reviewing authority.
(b) A sentence of imprisonment imposed by a court-martial during
active service or at camps of instruction shall be carried out by
confinement in a guardhouse, tent, or other places designated by the
reviewing authority. A sentence of imprisonment imposed by
court-martial upon persons not in active service or at camps of
instruction shall be carried out by confinement in a jail to be designated
by the reviewing authority.
SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2003]: IC 10-4-3; IC 10-14-7; IC 34-30-2-38.3.