399.065
Ordering organized militia into active service of the state; Governor; martial
law. (1) The
Governor shall have the power, in case of invasion, disaster, insurrection,
riot, breach of the peace, or imminent danger thereof, to order into active
service of the state for such period, to such extent and in such manner as the
Governor may deem necessary all or any part of the organized militia. Such
power shall include the power to order the organized militia or any part
thereof to function under the operational control of the United States Army,
Navy or Air Force commander in charge of the defense of any area within the
state which is invaded or attacked or is or may be threatened with invasion or
attack.
(2) The Governor
may order into active service of the state for such period, to such extent and
such manner as the Governor may deem necessary units or individuals of the
organized militia when in the judgment of the Governor the services of such
units or individuals are required for the furtherance of the organization,
maintenance, discipline or training of the organized militia or for ceremonial
functions of the state government.
(3) Whenever any
portion of the organized militia is employed pursuant to this section, the
Governor, if in the judgment of the Governor the maintenance of law and order
will thereby be promoted, may by proclamation declare the county or city in
which the troops are serving, or any specified portion thereof, to be under
martial law. [1961 c.454 §45]
399.070 [Repealed by 1961 c.454 §213]
Notes of Decisions
Cited in
3
cases, 1977–1995 · leading case:
State v. Binner, 877 P.2d 642 (Or. Ct. App. 1994).
State v. Binner, 877 P.2d 642 (Or. Ct. App. 1994).
· cites it 2× “ORS 399.065(1) authorizes the Governor, “in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof,” to order the military into active service of the state, “for such period, to such extent and in such manner as the Governor may deem…”
State v. Wheelon, 903 P.2d 399 (Or. Ct. App. 1995).
· cites it 2× “ORS 399.065(2) provides: "The Governor may order into active service of the state for such period, to such extent and such manner as the Governor may deem necessary units or individuals of the organized militia when in the judgment of the Governor the services of such units or…”
Johnson v. State ex rel. Oregon Nat'l Guard, 564 P.2d 714 (Or. Ct. App. 1977).
· cites it 5× “On appeal plaintiff argues: (1) "Active service” under the immunity provision of ORS 399.065 is not *480 the same as the "active duty” referred to in ORS 399.”
— Or. Rev. Stat. § 399.065(1) — 2 cases
State v. Binner, 877 P.2d 642 (Or. Ct. App. 1994).
“ORS 399.065(1) authorizes the Governor, “in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof,” to order the military into active service of the state, “for such period, to such extent and in such manner as the Governor may deem…”
Johnson v. State ex rel. Oregon Nat'l Guard, 564 P.2d 714 (Or. Ct. App. 1977).
“On appeal plaintiff argues: (1) "Active service” under the immunity provision of ORS 399.065 is not *480 the same as the "active duty” referred to in ORS 399.”
— Or. Rev. Stat. § 399.065(2) — 1 case
State v. Wheelon, 903 P.2d 399 (Or. Ct. App. 1995).
“ORS 399.065(2) provides: "The Governor may order into active service of the state for such period, to such extent and such manner as the Governor may deem necessary units or individuals of the organized militia when in the judgment of the Governor the services of such units or…”
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