TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 1 STATE MILITIA GENERALLY

38-2-11. Implementation of federally approved counterdrug law enforcement plans.

1. The Governor may request National Guard assistance, including but not limited to, personnel, supplies, and equipment, from the governor of another state for the purpose of implementing a federally approved counterdrug law enforcement plan under 32 U.S.C. Section 112.Such National Guard personnel from another state while performing duty in this state pursuant to a request made under this Code section shall have the same immunity from liability and prosecution as do National Guard personnel of this state performing such duty.
2. The Governor may authorize the use of Georgia National Guard personnel and equipment outside the boundaries of the state under this Code section, if:
   1. A request is received from the governor of another state;
   2. The request evidences that the requesting governor has authority to make the request;
   3. The attorney general of the requesting state has acknowledged the Governor's authority and has certified that National Guard personnel requested from this state while performing duty in the requesting state shall have the same immunity from liability and prosecution as do National Guard personnel of the requesting state performing such duty; and
   4. The request relates to the performance of duty in a federally approved counterdrug law enforcement plan as authorized and funded under 32 U.S.C. Section 112.

(Code 1981, §38-2-11, enacted by Ga. L. 1994, p. 655, § 1.)