Title 29, Military, Naval, and Veteran's Affairs
0 chapters · 476 sections in this title.
La. Rev. Stat. § 29:141 Article 41
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§141. Article 41. Challenges A.(1) The military judge and the members of a general 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 may not…
La. Rev. Stat. § 29:142 Article 42
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§142. Article 42. Oaths A. Before performing their respective duties, military judges, members of a general and special court-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform thei…
La. Rev. Stat. § 29:143 Article 43
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§143. Article 43. Statute of limitations A. A person charged with desertion, missing movement, 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. B. Except as otherwise provided in this Article, …
La. Rev. Stat. § 29:144 Article 44
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§144. Article 44. Former jeopardy A. No person may, without his consent, be tried a second time for the same offense. B. 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 until the f…
La. Rev. Stat. § 29:145 Article 45
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§145. Article 45. Pleas of the accused A. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of it…
La. Rev. Stat. § 29:146 Article 46
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§146. Article 46. Opportunity to obtain witnesses and other evidence in trial by court-martial A. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in ac…
La. Rev. Stat. § 29:147 Article 47
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§147. Article 47. Refusal to appear or testify A.(1) Any person described in Paragraph (2) of this Subsection who: (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 designated to tak…
La. Rev. Stat. § 29:148 Article 48
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§148. Article 48. Contempts A. A military judge of a special or general court-martial has the duty to require that court-martial proceedings shall be conducted with dignity and in an orderly and expeditious manner and to control the proceedings so that justice is done. A military…
La. Rev. Stat. § 29:149 Article 49
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§149. Article 49. Depositions A.(1) A convening authority or a military judge may order depositions at the request of any party. A deposition may be ordered only if the requesting party demonstrates that, due to exceptional circumstances, it is in the best interest of justice tha…
La. Rev. Stat. § 29:15 Examination of candidates for commission
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§15. Examination of candidates for commission A. Before receiving a commission in the active national guard pursuant to an original appointment or otherwise, an officer shall pass the prescribed examinations before a board appointed by federal authority in accordance with the law…
La. Rev. Stat. § 29:150 Article 50
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§150. Article 50. 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 or…
La. Rev. Stat. § 29:151 Article 51
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§151. Article 51. Voting and rulings A. Voting by members of a general court-martial on the findings and on the sentence, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president who shall forthwith annou…
La. Rev. Stat. § 29:152 Article 52
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§152. Article 52. Number of votes required A. No person may be convicted of an offense, except as provided in Article 45(B) or by the concurrence of two-thirds of the members present at the time the vote is taken. B. All other questions to be decided by the members of a general c…
La. Rev. Stat. § 29:153 Article 53
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§153. Article 53. Findings and sentencing A. Announcement. A court-martial shall announce its findings and sentence to the parties as soon as determined. B. Sentencing generally. (1) General and special court-martial (a) Sentencing by military judge. Except as provided in Subpara…
La. Rev. Stat. § 29:153a Article 53a
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§153a. Article 53a. Plea agreements A.(1) At any time before the announcement of findings under Article 53 of this Code, the convening authority and the accused may enter into a plea agreement with respect to such matters as: (a) The manner in which the convening authority will d…
La. Rev. Stat. § 29:154 Article 54
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§154. Article 54. Record of trial A. Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court reporter, except that in the case of death, disability, or absence of the court repo…
La. Rev. Stat. § 29:155 Article 55
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§155. Article 55. Cruel and unusual punishments prohibited Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of ir…
La. Rev. Stat. § 29:156 Article 56
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§156. Article 56. Maximum limits The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. Under such regulations as the governor may prescribe, limitations may be placed upon the kind and amount of punishment authorized for eac…
La. Rev. Stat. § 29:157 Article 57
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§157. Article 57. Effective date of sentences A. Whenever 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 may apply to pay or allowances becoming due on…
La. Rev. Stat. § 29:158 Article 58
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§158. Article 58. Execution of confinement A. Under such instructions as the governor may prescribe, a sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed…
La. Rev. Stat. § 29:158A Article 58a
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§158a. Article 58a. Sentences; reduction in enlisted grade upon approval A. Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a …
La. Rev. Stat. § 29:158B Article 58b
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§158b. Article 58b. Enforcement of fines When a sentence, including a fine, or a finally approved adjudication of pecuniary liability under a report of survey has been ordered executed, the collection of the fine or the adjudication of pecuniary liability may be made executory an…
La. Rev. Stat. § 29:159 Article 59
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§159. Article 59. Error of law; lesser included offense A. 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. B. Any reviewing authority with the power t…
La. Rev. Stat. § 29:16 Commissioning as second lieutenants enlisted men serving twenty-five years
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§16. Commissioning as second lieutenants enlisted men serving twenty-five years The governor may appoint and commission as second lieutenants, without an examination, enlisted men who have served well and faithfully in the active national guard for a period of not less than twent…
La. Rev. Stat. § 29:160 Article 60
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§160. Article 60. Initial action on the record After a trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in comma…
La. Rev. Stat. § 29:161 Article 61
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§161. Article 61. Same; general court-martial records The convening authority shall refer the record of each general court-martial to the state judge advocate, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted i…
La. Rev. Stat. § 29:162 Article 62
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§162. Article 62. Reconsideration and revision A. 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…
La. Rev. Stat. § 29:163 Article 63
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§163. Article 63. Rehearings A. If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for di…
La. Rev. Stat. § 29:164 Article 64
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§164. Article 64. Approval by the convening authority In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as h…
La. Rev. Stat. § 29:165 Article 65
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§165. Article 65. Disposition of records after review by the convening authority A. When the governor is the convening authority, the adjutant general shall send the entire record, including the opinion or opinions of the state judge advocate, to the governor. B. If the sentence …
La. Rev. Stat. § 29:166 Article 66
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§166. Article 66. Appeal A. The First Circuit Court of Appeal shall have appellate jurisdiction over appeal of all courts-martial tried under this code, excluding summary courts-martial. B. The state cannot appeal a verdict of acquittal. The state may petition by filing a supervi…
La. Rev. Stat. § 29:167 Repealed by Acts 1997, No
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§167. Repealed by Acts 1997, No. 1405, §2.
La. Rev. Stat. § 29:168 Article 68
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§168. Article 68. [Reserved]
La. Rev. Stat. § 29:169 Article 69
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§169. Article 69. [Reserved]
La. Rev. Stat. § 29:17 Governor's personal staff
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§17. Governor's personal staff The governor may have a personal military and naval staff, the members of which are not in the national guard. Acts 1974, No. 622, §1.
La. Rev. Stat. § 29:170 Article 70
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§170. Article 70. Appellate counsel The accused shall have the right to appointed military defense counsel as appellate counsel. The state shall be represented by the trial counsel or his designee. Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
La. Rev. Stat. § 29:171 Article 71
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§171. Article 71. Execution of sentence; suspension of sentence All court-martial sentences, unless suspended or deferred, may be ordered executed by the convening authority when approved by him. The military judge, summary court officer, or the convening authority may suspend th…
La. Rev. Stat. § 29:172 Article 72
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§172. Article 72. Vacation of suspension A. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the proba…
La. Rev. Stat. § 29:173 Article 73
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§173. Article 73. Petition for a new trial At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial on the grounds of newly discovered evidence or fraud on the court. The c…
La. Rev. Stat. § 29:174 Article 74
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§174. Article 74. Remission and suspension A. The convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. B. The convening authority may, for good cause, substitute an administrative form of discha…
La. Rev. Stat. § 29:175 Article 75
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§175. Article 75. Restoration A. 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 b…
La. Rev. Stat. § 29:176 Article 76
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§176. Article 76. Finality of proceedings, findings, and sentences The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discha…
La. Rev. Stat. § 29:177 Article 77
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§177. Article 77. Principals Any person subject to this code who: (1) commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) causes an act to be done which if directly performed by him would be punishable by this code; i…
La. Rev. Stat. § 29:178 Article 78
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§178. Article 78. Accessory after the fact Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished a…
La. Rev. Stat. § 29:179 Article 79
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§179. Article 79. Conviction of lesser included offense An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. Acts 1974, No. 621, §1.
La. Rev. Stat. § 29:18 Pay and allowances of officers of militia
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§18. Pay and allowances of officers of militia A. Officers of the militia shall be paid by the state only when ordered to duty by lawful authority, unless otherwise provided in this Part. The necessary mileage and expenses of the officers of the militia when traveling on duty and…
La. Rev. Stat. § 29:180 Article 80
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§180. Article 80. Attempts A. An act, done with specific intent to commit an offense under this code, amounting 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 code who at…
La. Rev. Stat. § 29:181 Article 81
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§181. Article 81. Conspiracy Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. Acts 1974…
La. Rev. Stat. § 29:182 Article 82
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§182. Article 82. Solicitation A. Any person subject to this code who solicits or advises another or others to desert in violation of R.S. 29:185 or mutiny in violation of R.S. 29:194 shall, if the offense solicited or advised is attempted or committed, be punished with the punis…
La. Rev. Stat. § 29:183 Article 83
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§183. Article 83. Malingering Any person subject to this Code who for the purpose of avoiding work, duty, or service in the state military forces: (1) feigns illness, physical disablement, mental lapse, or derangement; or (2) intentionally inflicts self-injury; shall be punished …