Title 10, Public Safety And Internal Security

§122A-14 Acceptance of gratuities. No member of the Hawaii state defense force, by reason of membership therein, shall solicit or accept any compensation, gift, donation, gratuity, or thing of value from any source whatever except the pay and allowances provided under this chapte…

§122A-15 Immunities. (a) No member of the Hawaii state defense force, while in the active service of the State or while going to or returning from the place where the member is required to be while performing that service, shall be arrested on any warrant except for treason or fe…

§122A-16 Courts-martial; nonjudicial punishment. Any limitations in chapter 124B to the contrary notwithstanding, whenever this chapter specifically authorizes an act to be punished by court-martial or nonjudicial punishment, the court-martial may be convened or nonjudicial punis…

§122A-2 Hawaii state defense force established. The Hawaii state defense force is established as a component of the militia of the State. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]

§122A-3 Rules. The governor shall adopt rules pursuant to section 121-5 governing the recruitment, organization, administration, equipment, facilities, training, and discipline of the Hawaii state defense force. Such rules shall, to the extent practicable, conform to regulations …

§122A-4 Composition; enlistment; appointment. (a) The Hawaii state defense force shall consist of persons over the age of eighteen years voluntarily enlisted or appointed therein and such members of the unorganized militia as may be enrolled therein by draft or as otherwise provi…

§122A-5 Uniform; rank precedence and command. (a) The Hawaii state defense force shall be uniformed. The governor shall prescribe by rules a distinctive uniform and insignia of the Hawaii state defense force. (b) Grades and ranks shall exist in the Hawaii state defense force and …

§122A-6 Discipline. (a) The discipline of the Hawaii state defense force shall, to the extent practicable, conform to that of the Hawaii army national guard. (b) When in the active service of the Hawaii state defense force, members of the Hawaii state defense force are subject to…

§122A-7 Discharge; dismissal. (a) Upon expiration of the term of service for which enlisted or appointed, a member of the Hawaii state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of term of service while empl…

§122A-8 Pay and allowances. (a) When in the active service of the State, members of the Hawaii state defense force shall receive from the State the same basic pay and allowance for subsistence as prescribed by federal law and regulations for members of the army national guard, of…

§122A-9 Arms and equipment; facilities. (a) Subject to the availability of funds, the Hawaii state defense force shall be armed and equipped as prescribed by the governor. (b) The governor, on such terms and conditions as may be prescribed by federal law and regulations and deeme…

§123-1 Organization. The governor may organize a naval militia to consist of not more than four divisions and to be known as the naval militia of the State of Hawaii. The naval militia shall be a portion of the organized militia of the State and shall conform to such regulation a…

§123-2 Divisions; formation of. Divisions may be formed in the discretion of the governor, on the islands of Oahu, Maui, Hawaii, and Kauai, not to exceed the maximum force of four divisions for the State. [L 1915, c 151, §2; RL 1925, §272; RL 1935, §7861; RL 1945, §13081; RL 1955…

§123-3 Commander in chief; powers of. The governor as commander in chief of the militia of the State, may prescribe the organization for the naval militia of the State, in such manner and form as to make the organization conform to the requirements for the naval militia under the…

§123-4 Officers; appointment; term. The officers of the naval militia shall be appointed by the governor and shall consist of a commander, a lieutenant commander, a surgeon and a paymaster, each with rank of lieutenant, and such other officers as may be designated by the secretar…

§123-5 Enlisted personnel; term of service. The term of service for enlisted personnel shall be three years for the first enlistment and two years thereafter. The requirements for enlistment and discharge shall be as prescribed by the secretary of the navy. [L 1915, c 151, §5; RL…

§123-6 Vessels; instructors. The governor may apply to the navy department of the United States for the loan of a vessel or vessels for the use of the naval militia and for the detail of commissioned, warrant, or petty officers of the navy to act as inspectors or instructors. [L …

§123-7 Battalions and divisions. A battalion of naval militia shall be considered the equivalent of a battalion of land militia, and a division of naval militia shall be considered the equivalent of a company of land militia and equal in the state service, and they shall be entit…

§123-8 Pay. When engaged in exercises afloat or participating in encampments for instructions ashore, and when serving on general courts-martial, officers and men shall receive the same pay as is at the time allowed by law to those holding similar positions in the United States n…

PART I. GENERAL PROVISIONS [§124B-1] Definitions. In this chapter, unless the context otherwise requires: "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest …

PART IX. POST-TRIAL PROCEDURES AND REVIEW OF COURTS-MARTIAL [§124B-101] Error of law; lesser included offense. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights o…

[§124B-102] Post-trial processing in general and special courts-martial. (a) The military judge of a general or special court-martial shall enter into the record of trial a document entitled "statement of trial results" that shall set forth: (b) Copies of the statement of trial r…

[§124B-103] Limited authority to act on sentence in specified post-trial circumstances. (a) The convening authority of a general or special court-martial described in subsection (b): (b) The courts-martial referred to subsection (a) are the following: (c) Except as provided in su…

[§124B-104] Post-trial actions in summary courts-martial and certain general and special courts-martial. (a) In a court-martial not specified in section 124B-103(b), the convening authority may: (b) In a summary court-martial, the convening authority shall approve the sentence or…

[§124B-105] Entry of judgment. (a) In accordance with rules adopted by the governor or adjutant general, in a general or special court-martial the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the followi…

[§124B-106] Waiver of right to appeal; withdrawal of appeal. (a) After entry of judgment in a general or special court-martial, in accordance with rules adopted by the governor or adjutant general, the accused may waive the right to appeal. A waiver shall be: (b) In a general or …

[§124B-107] Appeal by the State. (a) In a trial by general or special court-martial or in a pretrial proceeding under section 124B-52, the State may appeal the following: (b) An appeal of an order or ruling shall not be taken unless the trial counsel provides the military judge w…

[§124B-108] Rehearings. (a) Each rehearing under this chapter shall take place before a court-martial composed of members that are not members of the court-martial that first heard the case. Upon a rehearing, the accused shall not be tried for any offense of which the accused was…

[§124B-109] Senior force judge advocate review of finding of guilty in summary court-martial. (a) In accordance with rules adopted by the governor or adjutant general, each summary court-martial in which there is a finding of guilty shall be reviewed by the senior force judge adv…

PART II. APPREHENSION AND RESTRAINT [§124B-11] Apprehension. (a) Any person authorized by this chapter or title 10 United States Code chapter 47, or by rules or regulations issued under either, any marshal of a court-martial appointed pursuant to this chapter, and any peace offic…

[§124B-110] Transmittal and review of records. (a) If the judgment of a general or special court-martial entered under section 124B-105 includes a finding of guilty, the record shall be transmitted to the state judge advocate for review. (b) In all other cases not covered under s…

[§124B-111] Review by state appellate authority. (a) An accused, who was tried by a special or general court-martial and is self aggrieved after the accused has exhausted all of the accused's rights of review under this part, shall be entitled to appeal the judgment or sentence o…

[§124B-112] Appellate counsel. (a) The senior force judge advocate shall detail one or more judge advocates as appellate government counsel, and one or more judge advocates as appellate defense counsel, who are qualified under section 124B-47. (b) Appellate government counsel sha…

[§124B-113] Vacation of suspension. (a) Before the vacation of the suspension of a special court-martial sentence that includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold…

[§124B-114] Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence that extends to dismissal or dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of new…

[§124B-115] Remission and suspension. (a) The governor, the adjutant general, or a convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b) The governor may, for good cause, substitute an admini…

§124B-116 Restoration. (a) In accordance with rules as the governor may adopt, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless…

[§124B-117] Finality of proceedings, findings, and sentences. The appellate review of records of trial provided under this chapter, the proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges …

[§124B-118] Leave required to be taken pending review of certain court-martial convictions. In accordance with rules adopted by the governor or adjutant general, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under …

[§124B-12] Apprehension of deserters. Any civil officer having authority to apprehend alleged offenders under the laws of the United States or this State or of a state, territory, commonwealth, or possession, or the District of Columbia, may summarily apprehend an alleged deserte…

[§124B-13] Imposition of restraint. (a) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter or through any person authorized by this chapter to …

PART X. PUNITIVE SECTIONS [§124B-131] Principals. Any person punishable under this chapter who: is a principal. [L 2022, c 286, pt of §2]

[§124B-132] Accessory after the fact. Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall b…

[§124B-133] Conviction of offense charged, lesser included offenses, and attempts. (a) An accused may be found guilty of any of the following: (b) For purposes of this section, "lesser included offense" means:

[§124B-134] Attempts. (a) An act done with specific intent to commit an offense under this chapter that amounts to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. (b) Any person subject to this chapter wh…

[§124B-135] Conspiracy. Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to affect the object of the conspiracy, be punished as directed by a court-martial. [L 2022…

[§124B-136] Soliciting commission of offenses. (a) Any person subject to this chapter who solicits or advises another to commit an offense under this chapter, other than an offense specified in subsection (b), shall be punished as directed by a court-martial. (b) Any person subje…

[§124B-137] Malingering. Any person subject to this chapter who, with the intent to avoid work, duty, or service: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-138] Breach of medical quarantine. Any person subject to this chapter: shall be punished as directed by a court-martial. [L 2022, c 286, pt of §2]

[§124B-139] Desertion. (a) Any member of the state military forces who: shall be guilty of desertion. (b) Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper d…