1. (a) A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.

2. (b)

   1. (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:

      1. (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;
      2. (ii) against a person acting under the authority or order of an officer of the organized militia; or
      3. (iii) by virtue of a warrant that an officer of the militia lawfully issues.
   2. (2) In all cases, the defendant may make a general denial and give evidence.
   3. (3) If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.

Added as Public Safety § 13-708 by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2009, c. 735, § 2, eff. Oct. 1, 2009. Renumbered as Public Safety § 13-707 by Acts 2009, c. 735, § 3, eff. Oct. 1, 2009.