Title 10, Public Safety And Internal Security

[§124B-241] Immunity for action of military courts or nonjudicial punishment. No accused shall bring an action or proceeding against:

[§124B-242] Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this chapter shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [L 2022, c 286…

[§124B-243] Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact it and, so far as practical, to make that law uniform with the law of the United States. [L 2022, c 286, pt of §2]

[§124B-244] Severability. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or applicat…

[§124B-3] Jurisdiction to try certain personnel. (a) Each person discharged from the state military forces who is later charged with having fraudulently obtained the person's discharge shall be subject to: Upon conviction of that charge, the person shall be subject to trial by co…

PART IV. COURT-MARTIAL JURISDICTION [§124B-31] Courts-martial classified; general courts-martial; special courts-martial; summary courts-martial. (a) There shall be three kinds of courts-martial in each of the state military forces as follows: (b) General courts-martial shall con…

[§124B-32] Jurisdiction of courts-martial in general. Each component of the state military forces shall have court-martial jurisdiction over all members of the particular component who are subject to this chapter. Additionally, the Hawaii army and air national guard shall have co…

[§124B-33] Jurisdiction of general courts-martial. Subject to section 124B-32, general courts-martial shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, and may, under limitations as prescribed by the governor, adjudge …

[§124B-34] Jurisdiction of special courts-martial. (a) Subject to section 124B-32, special courts-martial shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, and may, under limitations as prescribed by the governor, adju…

[§124B-35] Jurisdiction of summary courts-martial. (a) Subject to section 124B-32, summary courts-martial shall have jurisdiction to try persons subject to this chapter, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this chapter under lim…

[§124B-4] Dismissal of commissioned officer. (a) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath or affirmation, that the officer has been wrongfully dismissed, the governor, as soo…

PART V. COMPOSITION OF COURTS-MARTIAL [§124B-41] Who may convene general courts-martial. (a) General courts-martial may be convened by: (b) If any commanding officer authorized under subsection (a) is an accuser, the court shall be convened by superior competent authority and may…

[§124B-42] Who may convene special courts-martial. (a) Special courts-martial may be convened by: (b) If any officer authorized under subsection (a) is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by the superior author…

[§124B-43] Who may convene summary courts-martial. (a) Summary courts-martial may be convened by: (b) When only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and deter…

[§124B-44] Who may serve on courts-martial. (a) Any commissioned officer of the state military forces shall be eligible to serve on all courts-martial for the trial of any person subject to this chapter. (b) Any warrant officer of the state military forces shall be eligible to se…

[§124B-45] Military judge of a general or special court-martial. (a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed. (b) A mil…

[§124B-46] Military magistrates. (a) A military magistrate shall be a commissioned officer of the state military forces who is: (b) In accordance with rules adopted by the governor or adjutant general, in addition to duties when designated under section 124B-52, a military magist…

[§124B-47] Detail of trial counsel and defense counsel. (a) For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel, and their assistants as the convening authority considers appropriate. (b) No person who has a…

[§124B-48] Detail or employment of reporters and interpreters. In accordance with rules adopted by the governor, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of …

[§124B-49] Assembly and impaneling of members; detail of new members and military judges. (a) The military judge shall announce the assembly of a general or special court-martial with members. After a court-martial is assembled, no member shall be absent unless the member is excu…

[§124B-5] Territorial applicability. (a) This chapter shall have applicability at all times and in all places; provided that either the person subject to this chapter is in a duty status or, if not in a duty status, there is a nexus between the act or omission constituting the of…

PART VI. PRE-TRIAL PROCEDURE [§124B-51] Charges and specifications. (a) Charges and specifications: (b) When charges and specifications are referred under subsection (a), the proper authority shall, as soon as practicable:

[§124B-52] Certain proceedings conducted before referral. (a) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with rules adopted by the governor or adjutant g…

[§124B-53] Compulsory self-incrimination prohibited. (a) No person subject to this chapter shall compel any person to incriminate the person's self or to answer any question the answer to which may tend to incriminate the person. (b) No person subject to this chapter shall interr…

[§124B-54] Preliminary hearing required before referral to general court-martial. (a) Except as provided in subsection (b), a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be condu…

[§124B-55] Advice to convening authority before referral to trial. (a) Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall …

[§124B-56] Service of charges; commencement of trial. (a) In general, trial counsel detailed for a court-martial under section 124B-47 shall cause to be served upon the accused a copy of the charges and specifications referred for trial. (b) Subject to subsection (c), no trial or…

[§124B-6] Judge advocates. (a) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer shall be a member of the bar of the highest court of the State and…

PART VII. TRIAL PROCEDURE [§124B-61] Governor or the adjutant general; rulemaking authority. Additional pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial and other military tribunals, and procedure…

[§124B-62] Unlawfully influencing action of court. (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, or …

[§124B-63] Duties of trial counsel and defense counsel. (a) The trial counsel of a general or special court-martial shall prosecute in the name of the State, and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused shall have the right t…

[§124B-64] Sessions. (a) At any time after the service of charges have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 124B-55, call the court into session without the presence of the members for the …

[§124B-65] Continuances. The military judge or a summary court-martial may for reasonable cause grant a continuance to any party for such time and as often as appears to be just. [L 2022, c 286, pt of §2]

[§124B-66] Challenges. (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not…

[§124B-67] Oaths or affirmations. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take…

[§124B-68] Statute of limitations. (a) A person charged with desertion or absence without leave in time of war, aiding the enemy, or mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged with desertion …

[§124B-69] Former jeopardy. (a) No person shall without the person's consent be tried a second time in any military court of the State for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a …

[§124B-7] Rights of the victim of an offense under this chapter. A victim of an offense under this chapter shall retain all rights conferred under chapter 801D. Nothing in this chapter shall limit the rights of a victim of sexual assault that qualifies for representation by a spe…

[§124B-70] Pleas of the accused. (a) A plea of not guilty shall be entered in the record, and the court shall proceed as though an accused had pleaded not guilty if: (b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepte…

[§124B-71] Opportunity to obtain witnesses and other evidence. (a) In a case referred for trial by court-martial, the trial counsel, defense counsel, and court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules adopted by the gove…

[§124B-72] Refusal of person not subject to chapter to appear, testify, or produce evidence. Any person not subject to this chapter who: shall be guilty of an offense against the State and a military court may punish the person in the same manner as the civil courts of the State.…

[§124B-73] Contempt; authority to punish; punishment. (a) With respect to any proceeding under this chapter: may punish for contempt any person who conducts themselves in violation of section 710-1077. (b) The punishment for contempt under subsection (a) shall be the same as the …

[§124B-74] Depositions. (a) At any time after charges have been signed, as provided in section 124B-51, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a depositio…

[§124B-75] Admissibility of sworn testimony from records of courts of inquiry. (a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral te…

[§124B-76] Lack of physical or mental responsibility; defense; commitment of accused for examination and treatment. (a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a…

[§124B-77] Voting and rulings. (a) Voting by members of a general or special court-martial upon questions of challenge, upon the findings, and upon the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall b…