Title 10, Public Safety And Internal Security

[§124B-190] Wrongful refusal to testify. Any person subject to this chapter who, in the presence of a court-martial, a board of officers, a court of inquiry, preliminary hearing, or an officer taking a deposition, of or for the State or for the United States, wrongfully refuses t…

[§124B-191] Prevention of authorized seizure of property. Any person subject to this chapter who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise dispo…

[§124B-192] Noncompliance with procedural rules. Any person subject to this chapter who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or (2) Knowingly and intentionally fails to enforce or comply wit…

[§124B-193] Wrongful interference with adverse administrative proceeding. Any person subject to this chapter who, having reason to believe that an adverse administrative proceeding is pending against any person subject to this chapter, wrongfully acts with the intent to: (1) Infl…

[§124B-194] Retaliation. (a) Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from r…

[§124B-195] Conduct unbecoming an officer. Any commissioned officer who is convicted of conduct unbecoming an officer shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-196] General article. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the state military forces, all conduct of a nature to bring discredit upon the state military forces, offenses prescribed by…

[§124B-2] Persons subject to this chapter; jurisdiction. (a) This chapter applies to all members of the state military forces at all times. (b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military…

PART III. NONJUDICIAL PUNISHMENT [§124B-21] Commanding officer's nonjudicial punishment. (a) In accordance with rules adopted by the governor, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to thi…

PART XI. MISCELLANEOUS PROVISIONS [§124B-231] Courts of inquiry. (a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the governor or adjutant general for that purpose, reg…

[§124B-232] Authority to administer oaths or affirmations. (a) The following members of the state military forces may administer oaths or affirmations for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before pe…

[§124B-233] Articles to be explained. (a) The procedures and provisions of this chapter shall be explained at least once every three years to each unit of the state military forces. (b) The procedures and provisions of this chapter shall be carefully explained to every enlisted m…

[§124B-234] Complaints of wrongs. Any member of the state military forces who has a complaint against the member's commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forwar…

[§124B-235] Redress of injuries to property. (a) Whenever a complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, the commanding o…

[§124B-236] Delegation of authority by the governor; rulemaking authority of the governor. (a) The governor may delegate any authority vested in the governor under this chapter to the adjutant general and may provide for the sub-delegation of any authority as appropriate. (b) The…

[§124B-237] Case management; data collection and accessibility. The adjutant general shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate pr…

[§124B-238] Execution of process and sentence. In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the State. [L 2022, c 286, pt of §2]

[§124B-239] Process of military courts. (a) Military courts may issue any process or mandate necessary to carry into effect their powers. Military courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and re…

[§124B-240] Payment of fines and disposition thereof. Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance du…

[§124B-241] Immunity for action of military courts or nonjudicial punishment. No accused shall bring an action or proceeding against: (1) The convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because o…

[§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: (1) Section 124B-68; (2) Trial by court-martial on that charge; and (3) Af…

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: (1) General courts-martial, as descr…

[§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: (1) The governor; (2) The adjutant general; (3) The commanding officer of a force of the state military forces; (4) The commanding officer of a …

[§124B-42] Who may convene special courts-martial. (a) Special courts-martial may be convened by: (1) Any person who may convene a general court-martial; (2) The commanding officer of a garrison, fort, post, camp, station, or army or air national guard base; (3) The commanding of…

[§124B-43] Who may convene summary courts-martial. (a) Summary courts-martial may be convened by: (1) Any person who may convene a general or special court-martial; (2) The commanding officer of a detached company or other detachment, or corresponding unit of the Army; (3) The co…

[§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: (1) A member of the bar of the highest court of this State; and (2) Certified to be qualified, by reason of education, training, experience, and judicia…

[§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: (1) May be referred only by a person subject to this chapter; and (2) Shall be referred by presentment in writing, signed under oath or affirmation before a commissioned officer of…

[§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…