AN ACT to amend and reenact sections 37-01-12 of the North Dakota Century Code, relating to the exemption of members of the national guard from civil or criminal personal liability and to provide for furnishing lawyers at state expense for guardsmen in tort actions arising from acts committed while on state active duty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.) Section 37-01-12 of the North Dakota Century Code is hereby amended and reenacted to read as follows:
37-01-12. WHEN MEMBERS OF THE NATIONAL GUARD OR MILITIA EXEMPT FROM CIVIL OR CRIMINAL LIABILITY.) Members of the national guard or militia ordered into the active service of the state by any proper authority shall not be civilly not criminally liable for any act or acts done by them in the line of duty. Members of the national guard of militia ordered into active service of the state shall be presumed to be acting in the line of duty except in the case of willful misconduct or gross negligence. When a suit or processing shall be commenced in any court against an officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under the provisions of this title, or against any person acting under the visions of this title, or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by an such officer pursuant to law, the defendant shall be entitled to legal representation provided by the attorney general, an assistant attorney general, or a judge advocate officer at no cost. The defendant in such action may require the person prosecuting or instituting the suit or proceeding to file security for the payment of the costs that may be awarded to the defendant therein. The defendant in all such cases may make a general denial and give the special matter in evidence. If the action is dismissed or a verdict or judgement is rendered against the plaintiff, the defendant shall recover treble costs in the action.