ORS 399.225
Relief from civil or criminal liability

  • security for costs
  • exemption from civil process

(1)

Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in an official capacity in the discharge of any duty under this chapter and ORS chapters 396 and 398, or an alleged omission by the officer to do an act which it was the duty of the officer to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover the costs of the defendant.

(2)

No member of the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which the member may be required to attend for military duty. [1961 c.454 §71]

Source: Section 399.225 — Relief from civil or criminal liability; security for costs; exemption from civil process, https://www.­oregonlegislature.­gov/bills_laws/ors/ors399.­html.

Notes of Decisions

Guardsmen have personal immunity from both civil and criminal liability for acts done while acting in line of duty under lawful orders and while performing all types of active military duty. Johnson v. State ex rel The Oregon National Guard, 29 Or App 477, 564 P2d 714 (1977), Sup Ct review denied

399.015
Army National Guard 399.025
Air National Guard 399.035
Oregon Civil Defense Force 399.045
Organization and training 399.055
Assemblies, periodic training and other duty 399.065
Ordering organized militia into active state service 399.075
Ordering organized militia to state active duty 399.085
Credit for active federal service 399.105
Militia unit facilities 399.115
Trespassers and disturbers to be placed in arrest 399.125
Repossession of military property by state 399.135
Right of way on public streets and highways 399.145
Free passage through tollgates and tunnels and over toll bridges and ferries 399.150
Oaths and affirmations 399.155
Unlawful wearing of uniform or insignia 399.205
Complaints of wrongs 399.210
Eligibility to state office of federally paid members of organized militia 399.215
Exemption from jury duty 399.225
Relief from civil or criminal liability 399.238
Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members 399.240
Limitation on rate of interest incurred by state service members during period of active service 399.242
Suspension or termination of certain services by service members 399.245
Definitions for ORS 399.245 to 399.265 399.255
Scholarship program 399.265
Award prior to completion of service requirement 399.275
Tuition waiver program 399.280
Eligibility 399.405
Appointment of commissioned officers 399.410
Applicability of chapter to warrant officers 399.415
Qualifications of officers 399.420
Assignment and transfer of officers 399.425
Resignations 399.430
Absence without leave considered resignation 399.435
Efficiency and medical examining boards 399.440
Efficiency and medical examining boards 399.445
Officer bonds 399.450
Responsibility for public property 399.456
Uniform allowance 399.460
Oregon National Guard Association 399.505
Enlistment, period of service, transfer, discharge and extensions of enlistments 399.510
Contract and oath of enlistment 399.515
Explanation of military laws and Oregon Code of Military Justice to members of organized militia 399.520
Noncommissioned officers 399.525
Discharges 399.530
Dropping from rolls 399.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 399.225’s source at oregon​.gov