Title 29, Military, Naval, and Veteran's Affairs
0 chapters · 476 sections in this title.
La. Rev. Stat. § 29:1 Military Department
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§1. Military Department A. The Military Department of this state shall be known as "The Military Department, State of Louisiana". B. The Military Department shall be composed of the National Guard, Louisiana State Guard, Louisiana Military Police, the Governor's Office of Homelan…
La. Rev. Stat. § 29:10 Adjutant general
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§10. Adjutant general A. The adjutant general shall have a rank not lower than a brigadier general, and he shall have been a citizen of the state for at least fifteen years prior to his appointment. He shall be appointed by the governor with the consent of the Senate from active …
La. Rev. Stat. § 29:101 Article 1
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§101. Article 1. Definitions A. In this Code, unless the context otherwise requires: (1) "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 other than an off…
La. Rev. Stat. § 29:102 Article 2
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§102. Article 2. Persons subject to this Code A. This Code applies to all members of the state military forces at all times and in all places. A court-martial or court of inquiry may be convened and held in a unit of the state military forces serving outside the state, and the co…
La. Rev. Stat. § 29:103 Article 3
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§103. Article 3. Jurisdiction to try certain personnel A. Subject to Article 43 of this Code, a person who is in a status in which the person subject to this Chapter and who committed an offense against this Chapter while formerly in a status in which the person was subject to th…
La. Rev. Stat. § 29:104 Article 4
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§104. Article 4. [Reserved]
La. Rev. Stat. § 29:105 Article 5
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§105. Article 5. Territorial applicability of the code This code applies in all places. Acts 1974, No. 621, §1.
La. Rev. Stat. § 29:106 Article 6
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§106. Article 6. Judge advocates and legal officers A. The adjutant general shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of the highest court of the state for at least …
La. Rev. Stat. § 29:106a Article 6a
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§106a. Article 6a. Investigation and disposition of matters pertaining to the fitness of military judges Procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military magistrate to perform the du…
La. Rev. Stat. § 29:107 Article 7
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§107. Article 7. Apprehension A. Apprehension is the taking of a person into custody. B. Any person authorized by this code or by Chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-m…
La. Rev. Stat. § 29:108 Article 8
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§108. Article 8. Warrant of arrest, issuance, contents, service A. A warrant of arrest for the purposes of securing the presence of an accused at any court-martial proceedings or in execution of a sentence of confinement may be issued by a special or general court-martial conveni…
La. Rev. Stat. § 29:109 Article 9
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§109. Article 9. Imposition of restraint A. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. B. An enlisted member may be ordere…
La. Rev. Stat. § 29:11 Powers, duties, and staff of adjutant general
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§11. Powers, duties, and staff of adjutant general A. The adjutant general has control of the military department, subject to the orders of the governor, and performs the duties pertaining to the office of adjutant general under the laws of Louisiana and applicable federal law an…
La. Rev. Stat. § 29:110 Article 10
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§110. Article 10. Restraint of persons charged A.(1) Subject to Paragraph (2) of this Subsection, any person subject to this Chapter who is charged with an offense under this Chapter may be ordered into arrest or confinement as the circumstances require. (2) When a person subject…
La. Rev. Stat. § 29:111 Article 11
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§111. Article 11. Place of confinement, reports and receiving of prisoners A. Persons confined other than in a guard house, whether before or during trial by court-martial, shall be confined in any place of confinement under the control of any of the armed forces or in any penal …
La. Rev. Stat. § 29:112 Article 12
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§112. Article 12. [Reserved]
La. Rev. Stat. § 29:113 Article 13
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§113. Article 13. Punishment prohibited before trial No person being held in pretrial confinement may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigo…
La. Rev. Stat. § 29:114 Article 14
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§114. Article 14. Delivery of offenders to civil authorities A. Under such regulations as may be prescribed, a person subject to this code who is on duty status who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. …
La. Rev. Stat. § 29:114A Article 14a
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§114a. Article 14a. Bail A. Any person in confinement charged with or convicted of an offense under this code is entitled to bail pending finality of the sentence. The amount of such bail shall be fixed by the convening authority who ordered the confinement and shall not exceed t…
La. Rev. Stat. § 29:115 Article 15
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§115. Article 15. Commanding officer's nonjudicial punishment A. Under such regulations as may be prescribed, limitations may be placed on the powers granted by this Article with respect to the kind and amount of punishment authorized, the categories of commanding officers and wa…
La. Rev. Stat. § 29:116 Article 16
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§116. Article 16. Courts-martial classified A. The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (a) A military judge and not less than eight members, subject to Article 29 of this Code; or (b) Only a military judge, if…
La. Rev. Stat. § 29:117 Article 17
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§117. Article 17. Jurisdiction of courts-martial in general Each component of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one component over personnel of another component of the same state's mili…
La. Rev. Stat. § 29:118 Article 18
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§118. Article 18. General courts-martial A. Subject to Article 17 of this Code, general courts-martial have jurisdiction to try persons subject to this Chapter for any offense made punishable by this Chapter and may, under such limitations as the adjutant general may prescribe, a…
La. Rev. Stat. § 29:119 Article 19
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§119. Article 19. Special courts-martial A. Subject to Article 17 of this Code, special courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code. A special courts-martial may not try a commissioned officer. B. In the Nation…
La. Rev. Stat. § 29:12 Assistant adjutants general
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§12. Assistant adjutants general The adjutant general shall appoint an assistant adjutant general for the army national guard and an assistant adjutant general for the air national guard. Each assistant adjutant general shall hold the rank of brigadier general, shall have been a …
La. Rev. Stat. § 29:120 Article 20
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§120. Article 20. Summary courts-martial A. Subject to Article 17 of this Code, summary courts-martial have jurisdiction to try persons subject to this Chapter, except commissioned officers, warrant officers, and cadets, for any offense made punishable by this Chapter. No person …
La. Rev. Stat. § 29:121 Article 21
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§121. Article 21. Confinement instead of fine A. In the national guard not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine or combination thereof. B. In no case shall the…
La. Rev. Stat. § 29:122 Article 22
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§122. Article 22. Who may convene general courts-martial General courts-martial may be convened by the governor or the adjutant general. Acts 1974, No. 621, §1; Acts 2007, No. 309, §1, eff. July 1, 2007.
La. Rev. Stat. § 29:123 Article 23
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§123. Article 23. Who may convene special courts-martial Special courts-martial may be convened by any person who may convene a general court-martial, an officer of general or flag rank in command, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air ba…
La. Rev. Stat. § 29:124 Article 24
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§124. Article 24. Who may convene summary courts-martial A. Summary courts-martial may be convened by any person who may convene a general or special court-martial, and the commanding officer of a detached company or other detachment. B. When only one commissioned officer is pres…
La. Rev. Stat. § 29:125 Article 25
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§125. Article 25. Who may serve as members of courts-martial A. Any commissioned officer of or on duty with the state military forces is eligible to serve as a member of all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. B. An…
La. Rev. Stat. § 29:126 Article 26
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§126. Article 26. Military judge of a general or special court-martial A. The authority convening a general or a special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he has been detailed. …
La. Rev. Stat. § 29:126a Article 26a
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§126a. Article 26a. Military magistrates A. A military magistrate shall be a commissioned officer of the state military forces who: (1) Is a member of the bar of a federal court or a member of the bar of the highest court of a state; and (2) Is certified to be qualified, by reaso…
La. Rev. Stat. § 29:127 Article 27
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§127. Article 27. Detail of trial counsel and defense counsel A.(1) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigati…
La. Rev. Stat. § 29:128 Article 28
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§128. Article 28. Detail or employment of reporters and interpreters Under such regulations prescribed under Article 36 of this Code, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall reco…
La. Rev. Stat. § 29:129 Article 29
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§129. Article 29. 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 such a court-martial is assembled, no member may be absent, unless the membe…
La. Rev. Stat. § 29:13 Eligibility for commissions; form of commission
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§13. Eligibility for commissions; form of commission A. All persons qualified according to the laws of Louisiana and of the United States of America and recommended by the proper military authorities may be commissioned by the governor as officers in the national guard. B. All co…
La. Rev. Stat. § 29:130 Article 30
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§130. Article 30. Charges and specifications A. Charges and specifications: (1) May be preferred only by a person subject to this Chapter; and (2) Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the state military forces who is aut…
La. Rev. Stat. § 29:130a Article 30a
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§130a. Article 30a. Certain proceedings conducted before referral A.(1) Proceedings may be conducted to review, or otherwise act on the following matters before referral of charges and specification to court-martial for trial in accordance with rules or regulations prescribed und…
La. Rev. Stat. § 29:131 Article 31
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§131. Article 31. Compulsory self incrimination prohibited A. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. B. No person subject to this code may interrogate, or request any s…
La. Rev. Stat. § 29:132 Article 32
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§132. Article 32. Preliminary hearing required before referral to general court-martial A. Preliminary hearing required. (1)(a) Except as provided in Subparagraph (b) of this Paragraph, a preliminary hearing shall be held before referral of charges and specifications for trial by…
La. Rev. Stat. § 29:133 Article 33
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§133. Article 33. Forwarding of charges 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, together with the investigation and allie…
La. Rev. Stat. § 29:134 Article 34
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§134. Article 34. Advice to convening authority before referral for trial A. General court-martial. (1) Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the state judge advocate for advice, whic…
La. Rev. Stat. § 29:135 Article 35
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§135. Article 35. Service of charges; commencement of trial A. The trial counsel detailed for a court-martial under Article 27 of this Code shall cause to be served upon the accused a copy of the charges and specifications referred for trial. B.(1) Subject to Paragraph (2) of thi…
La. Rev. Stat. § 29:136 Article 36
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§136. Article 36. Rules of procedure for courts-martial A. The procedure, in cases before military courts shall be the federal Rules for Courts-Martial, as published in the most recent version of the Manual for Courts-Martial, United States, except when such rules are contrary to…
La. Rev. Stat. § 29:137 Article 37
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§137. Article 37. Unlawfully influencing action of court A. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, …
La. Rev. Stat. § 29:138 Article 38
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§138. Article 38. Duties of trial counsel and defense counsel A. 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. B.(1) The accused has the right t…
La. Rev. Stat. § 29:139 Article 39
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§139. Article 39. Sessions A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Article 35 of this Code, call the court into session without the presence of t…
La. Rev. Stat. § 29:14 Oath of officers
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§14. Oath of officers All officers of the national guard and Louisiana State Guard shall take the oath required by law before entering upon the duties of their office. Acts 1974, No. 622, §1.
La. Rev. Stat. § 29:140 Article 40
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§140. Article 40. Continuances The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.