§ 12-61-117 - Draft of the unorganized militia -- Failure to appear -- Penalty.
               	 		
12-61-117.    Draft of the unorganized militia -- Failure to appear -- Penalty.
    (a)  Whenever  it shall be necessary in case of invasion, disaster, insurrection,  riot, breach of the peace, or imminent danger thereof, or to maintain  the organized militia or any force thereof at the number required for  public safety or prescribed by the laws of the United States, the  Governor may call for and accept from the unorganized militia as many  volunteers as are required for service in the organized militia or he  may direct the members of the unorganized militia or such of them as may  be necessary to be drafted into the organized militia or any force  thereof.
(b)  Whenever it shall be  necessary in such a case, the Governor may direct the members of the  unorganized militia or such of them as may be necessary to be drafted,  under such regulations as he may prescribe, into the active service of  the state to serve as directed by him.
(c)  Any  member of the unorganized militia who is ordered to register or to be  drafted into the organized militia under the provisions of this code and  who fails to appear at the time and place designated in such order  shall be guilty of a misdemeanor and upon conviction by a civil court  shall be punished by a fine of not less than one hundred dollars ($100)  nor more than one thousand dollars ($1000) or imprisonment in the county  jail for a term of not less than one (1) month nor more than one (1)  year, or both.