Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

1. Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: a. That the signer has personal knowledge of, or has investigated, the matters set forth therein; and b. That the…

1. No person subject to this code may compel any person to make a self-incriminating statement or to answer any question the answer to which may tend to incriminate the person. 2. No person subject to this code may interrogate, or request any statement from, an accused or a perso…

1. A charge or specification shall not be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification is made. This investigation shall include inquiry as to the truth of the matter set for…

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges directly to the person exercising general court-martial jurisdiction, together wit…

1. Before directing the trial of any charge by general court-martial, the convening authority shall refer the charge to the appropriate staff judge advocate of the state force concerned for consideration and advice. The convening authority may not refer a charge to a general cour…

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. The accused shall not be brought to trial before a general court-martial or be required to participate in a sessio…

The procedures, including modes of proof, in cases before military courts and other military tribunals shall be prescribed by the adjutant general by rule, but shall not be contrary to or inconsistent with this code. All courts and other proceedings shall be conducted under the p…

1. The authority convening a general, special, or summary court-martial or any other commanding officer, or officer serving on the staff of the authority, shall not censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to t…

1. 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. 2. The accused has the right to be represented in the accused’s defense before a general or spe…

1. “Apprehension” is the taking of a person into custody. Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer auth…

1. At any time after the service of charges referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to this chapter , call the court into session without the presence of the members for the purpose of any of the following: a…

A military judge or court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. [C66, 71, 73, 75, 77, 79, 81, §29B.41 ; 82 Acts, ch 1042, §24 ]

1. 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 or the court in the absence of a military judge shall determine the relevancy and validity of challenges…

Before performing their official duties, military judges, members of a general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The ad…

1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation. 2. Except as otherwise provided in this section , a person charged with desertion in time of peace or wit…

1. No person may, without the person’s consent, be tried a second time in any military court of the state for the same offense. 2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section u…

1. If the accused after arraignment makes an irregular pleading, or after a plea of guilty sets up defenses inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if…

1. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the adjutant general may prescribe. 2. The military judge or the president of a court-martial without a mili…

1. Any person not subject to this code is guilty of a simple misdemeanor if the person does all of the following: a. Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer and designated to t…

1. A military court may punish for contempt any person subject to this code who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred …

Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver the deserter into the cus…

1. At any time after charges have been signed, as provided in section 29B.31 any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a…

1. 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 testimony cannot be obtained, may, if otherwise admissible under the rules of evid…

1. Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge shall be by secret written ballot. The junior member of the court shall count the votes. The coun…

1. A person shall not be convicted of an offense, except as provided in this code by the concurrence of two-thirds of the members present at the time the vote is taken. 2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that t…

A court-martial shall announce its findings and sentence to the parties as soon as determined. [C66, 71, 73, 75, 77, 79, 81, §29B.54 ]

1. Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, …

Punishment by cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code. [C66, 71, 73, 75, 77, 79, 81, §29B.56 ]

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. [C66, 71, 73, 75, 77, 79, 81, §29B.57 ]

1. When a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture shall apply only to pay or allowances becoming due on or after the date the sentence is approved…

1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of a…

1. “Arrest” is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. “Confinement” is the physical restraint of a person. 2. An enlisted member may be ordered into arrest or confinement b…

Except as provided in sections 29B.20 and 29B.65 , a court-martial sentence, unless suspended or deferred, may be ordered executed by the convening authority when approved by the convening authority. The convening authority shall approve the sentence or the part, amount, or commu…

1. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the adjutant gener…

The convening authority shall refer the record of each general court-martial to the appropriate staff judge advocate of the state force concerned, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal …

1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. 2. Where there is …

1. If the convening authority disapproves the findings and sentence of a court-martial the convening authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such case the convening authority shall state the rea…

1. If the convening authority is the governor or adjutant general, the convening authority’s action on the review of any record of trial is final. 2. In all other cases not covered by subsection 1 , if the sentence of a special court-martial as approved by the convening authority…

1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. 2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or a…

1. Upon the final review of a sentence of a general court-martial or of a sentence to a dishonorable discharge, dismissal, or confinement, the accused has the right to be represented by counsel before the reviewing authority and before the appropriate staff judge advocate. 2. Upo…

1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a discharge under other than honorable conditions, a dismissal, or a confinement, or of any general court-martial sentence, the officer having special court-martial jurisdictio…

At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court…

A person shall not be ordered apprehended or into arrest or confinement except for probable cause. [C54, 58, 62, §29.66; C66, 71, 73, 75, 77, 79, 81, §29B.7 ; 82 Acts, ch 1042, §4 ]

1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. 2. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance …

1. Under such regulations as the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial …

The proceedings, findings, and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusi…