O.C.G.A.

O.C.G.A. § 38-2-307 (2019)

Power of National Guard members to effect an arrest

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Members of the National Guard may, at the discretion of the Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7, 45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 of the United States Code.

History

Ga. L. 1969, p. 228, § 5; Ga. L. 2004, p. 105, § 3.

Annotations

Cross references. - Power of arrest generally, T. 17, C. 4.

ARTICLE 5 CODE OF MILITARY JUSTICE

Code Commission notes. - Pursuant to Code Section 28-9-3, in 2015, the amendment to Code Section 38-2-464 by Ga. L. 2015, p. 693, § 3-32/HB 233, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 753, § 1/HB 98, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974). Editor’s notes. - Ga. L. 2015, p. 753, § 1/HB 98, effective July 1, 2015, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 38-2-320 through 38-2-326, 38-2-340 through 38-2-347, 38-2-360, 38-2-370 through 38-2-376, 38-2-390 through 38-2-397, 38-2-410 through 38-2-415, 38-2-430 through 38-2-449, 38-2-460 through 38-2-464, 38-2-480 through 38-2-493, 38-2-510 through 38-2-553, and

38-2-570 through 38-2-577, relating to the Georgia Code of Military Justice, and was based on Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-1201 - 86-1204; Ga. L. 1951, p. 311, § 23; Ga. L. 1955, p. 10, §§ 60.1 - 60.116, 61.1 - 61.12; Ga. L. 1959, p. 114, §§ 2-6; Ga. L. 1982, p. 3, § 38; Ga. L. 1985, p. 356, §§ 9, 10; Ga. L. 1996, p. 740, § 3. Ga. L. 2015, p. 753, § 4/HB 98, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2015, shall be governed by the statutes in effect at the time of such offense. The enactment of this Act shall not affect any prosecutions for acts occurring before July 1, 2015, and shall not act as an abatement of any such prosecutions.’’

RESEARCH REFERENCES C.J.S. - 57 C.J.S., Military Justice, § 1 et seq.

Am. Jur. 2d. - 53A Am. Jur. 2d, Military and Civil Defense, § 1 et seq.

T.38, C.2, A.5, P.1 MILITARY, EMERG. & VET. AFFAIRS

PART 1 GENERAL PROVISIONS