ORS 399.225¹
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]

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

1 Legislative Counsel Committee, CHAPTER 399—Organized Militia, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors399.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 399, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano399.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information