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

1. The adjutant general shall develop a plan within the Iowa national guard for an emergency helicopter ambulance service to transport persons who require emergency medical treatment or require emergency transfer between hospitals and to transport emergency medical supplies, equi…

1. The governor may order into state active duty the military forces of the state, including retired members of the national guard, as the governor deems proper, under one or more of the following circumstances: a. In case of insurrection or invasion, or imminent danger of insurr…

1. If federal funding and authorization exist for the purpose identified by the governor, the governor may order to national guard duty the military forces of the national guard as the governor may deem appropriate. 2. A state employee shall take either a full day’s leave in acco…

As used in this subchapter , unless the context otherwise requires: 1. “Dependent” means the spouse and children of a service member or any other person dependent upon the service member for support. 2. “Interest” includes service charges, renewal charges, fees, or any other char…

1. This subchapter shall apply to all service members on military orders who are unable to perform, continue, or complete civil obligations due to military service. 2. This subchapter does not apply to military duty performed under orders issued pursuant to 10 U.S.C. 3. Proper ap…

1. A default judgment rendered in any civil action against a service member during a period of military service or within thirty days after termination of military service may be set aside under the following circumstances: a. It appears that the service member was prejudiced by …

1. If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and may be adversely affected by military service in the conduct of the proceedings, the court may, on its own motion, stay the proceedings. 2. The court shall stay the …

1. If compliance with the terms of a contract is stayed pursuant to this subchapter , a fine or penalty shall not accrue by reason of failure to comply with the terms of the contract during the period of the stay. 2. If a service member has not obtained a stay, and a fine or pena…

An application by a service member in military service for, or receipt of, a stay, postponement, or suspension under the provisions of this subchapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability shall not be used as the basis for…

Unless the court determines on the record that the ability of a service member to comply with a judgment or order entered or sought is not materially affected by reason of military service, the court shall, on its own motion, or upon application to it by the service member or ano…

1. A stay of an action, proceeding, attachment, or execution, ordered by a court under the provisions of this subchapter , may be ordered for the period of military service plus thirty days after its termination or any part of that time period. 2. Where the service member in mili…

The period of military service shall not be included in computing any period limited by law, rule, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any service member or by or ag…

1. An obligation or liability bearing interest at a rate in excess of six percent per year that is incurred by a service member either individually or jointly with the service member’s spouse before the service member enters military service shall not bear interest at a rate in e…

1. A person shall not be punished for an offense under this chapter unless the person is a member of the military forces of the state and any of the following applies: a. The person is on national guard duty or state active duty, including between consecutive drill periods which …

Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons. [C66, 71, 73, 75, 77, 79, 81, §29B.10 ]

1. All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. 2…

Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following: 1. Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things. 2. Without proper authority, knowingly harbors or protects or g…

Any person subject to this code shall be punished as a court-martial may direct if the person, while in the hands of the enemy in time of war, does any of the following: 1. For the purpose of securing favorable treatment by the captors acts without proper authority in a manner co…

1. A person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct…

1. A person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages property other than military property of the United States or of the state shall be punished as a court-martial may dire…

1. Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the state military forces shall be punished as a court-martial may direct. 2. Any person subject to this code who negligentl…

Any person subject to this code who operates any vehicle while under the influence of an alcoholic beverage, a narcotic, hypnotic or other drug, or any combination of such substances, or in a reckless or wanton manner, shall be punished as a court-martial may direct. [C66, 71, 73…

Any person subject to this code who is found drunk on duty or sleeping upon the person’s post, or who leaves the person’s post before the person is regularly relieved, shall be punished as a court-martial may direct. [C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §4…

1. Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the state military forces, a controlled subst…

Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.…

Any person subject to this code shall be punished as a court-martial may direct if the person for the purpose of avoiding work, duty, or service in the state military forces does any of the following: 1. Feigns illness, physical disablement, mental lapse, or derangement. 2. Inten…

Every commander of a guard, master-at-arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as relieved from guard, report t…

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.110 ] Referred to in §29B.16

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct. [C66, 71, 73, 75, 77, 79, 81, §29B.111 ] Referred to in §29B.16

Any person subject to this code who in a judicial proceeding or in a court of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of in…

Any person subject to this code shall, upon conviction of any of the following, be punished as a court-martial may direct: 1. The person, knowing it to be false or fraudulent, does any of the following: a. Makes any claim against the United States, the state, or any officer there…

1. Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: a. With intent permanently to deprive or defraud another person of …

A commissioned officer who is convicted of conduct unbecoming an officer shall be punished as a court-martial directs. [C97, §2196 – 2198; SS15, §2215-f63; C24, 27, 31, §464; C35, §467-f59; C39, § 467.61; C46, 50, §29.61; C54, 58, 62, §29.63(11); C66, 71, 73, 75, 77, 79, 81, §29B…

Though not specifically mentioned in this code, and subject to section 29B.116A , all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces, of which persons …

1. a. Jurisdiction under this code shall not be extended to the crimes of murder, manslaughter, sexual abuse, robbery, arson, extortion, assault, or burglary, jurisdiction of which is reserved exclusively to civilian courts. b. The term “civilian criminal offenses” includes all o…

1. The adjutant general shall report annually, by January 15, to the governor and to the chairpersons and ranking members of the general assembly’s standing committees on veterans affairs on the number of offenses described in section 29B.116A, subsection 1 , which have been repo…

1. a. Courts of inquiry to investigate any matter may be convened by the adjutant general, the governor, or by any other person designated by the adjutant general or authorized to convene a general court-martial for that purpose, whether or not the persons involved have requested…

Any member of the state military forces who feels wronged by 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 forward the complaint to the governor or adjuta…

1. Whenever complaint is made to any commanding officer that willful 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 person may, subject to such regulations as the adjutant gen…

Subject to section 29B.58 , no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any m…

1. Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state a…

An accused shall not bring an action or proceeding against the convening authority or a member of a military court or board convened under this code or a person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any senten…

Fines imposed by a military court may be paid to the court or to an officer executing its process. The amount of the fine may be noted upon any state payroll or pay account and fines may be deducted from any pay or allowance due or thereafter to become due to the offender, until …

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to deny those courts or boards jurisdiction in any action or proceeding. [ 82 Acts, ch 1042, §52 ]

The governor may delegate any authority vested in the governor under this code, and may provide for the subdelegation of any such authority, except the power given to the governor by sections 29B.19 and 29B.23 . [ 82 Acts, ch 1042, §53 ]

The following members of the state military forces may administer oaths for the purposes of military administration including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public as provided in chapter 9B : 1…