Title V — MILITARY AFFAIRS AND POLICE

40.005. Definitions — law applicable to all state military forces not in federal service. — 1. As used in sections 40.005 to 40.490, unless the context clearly otherwise requires: (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges no…

40.007. Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court. — 1. Each person subject to sections 40.005 to 40.490 discharged from the state military forces who is later charged with having fraudulently obtained a…

40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. — 1. Any commissioned officer subject to sections 40.005 to 40.490, dismissed by order of the governor, may ma…

40.015. Jurisdiction of military courts. — 1. Sections 40.005 to 40.490 apply throughout this state. Such sections also apply to all persons otherwise subject to sections 40.005 to 40.490 while they are serving outside the state, and while they are going to and returning from suc…

40.017. State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions. — 1. The adjutant general shall appoint a judge advocate officer of the state military forces as state judge advocate. To be eligible for appointment,…

40.020. Apprehension defined — authority to apprehend, when. — 1. "Apprehension" is the taking of a person subject to sections 40.005 to 40.490 into custody. 2. Any person authorized by sections 40.005 to 40.490 or by regulations issued under those sections, to apprehend persons …

40.023. Absent without leave, authority to apprehend — offender outside state, procedure. — 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, or any mil…

40.025. Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer. — 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 l…

40.030. Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when. — 1. Any person subject to sections 40.005 to 40.490 charged with an offense under sections 40.005 to 40.490 may be ordered in…

40.035. Confinement, where. — Persons confined other than in a military institution, whether before, during or after trial by a military court, shall be confined in municipal, county or state confinement facilities designated by the governor or by such person as the governor may …

40.036. Jails and prisons required to keep prisoners, when — official's duties. — 1. No provost marshal, commander of a guard, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under section 40.035 may refuse to receive or k…

40.038. Confinement requirements — other punishment prohibited — exception. — Subject to section 40.180, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, …

40.040. Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when. — 1. Under such regulations as may be prescribed under sections 40.005 to 40.490, a person subject to sections 40.005 to 40.490 who is on act…

40.043. Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial. — 1. Under such regulations as the governor may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprima…

40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction. — 1. 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 twelve members; or (b) Onl…

40.055. General courts-martial, jurisdiction — punishment. — General courts-martial have jurisdiction to try persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, ad…

40.060. Special courts-martial, jurisdiction — punishment — exceptions. — Special courts-martial shall have jurisdiction to try persons subject to sections 40.005 to 40.490, except commissioned officers for any offense made punishable by sections 40.005 to 40.490 and may, under s…

40.065. Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. — 1. Summary courts-martial have jurisdiction to try enlisted persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.…

40.070. Discharges or dismissals by courts-martial, requirements — governor's approval required. — A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete written record of the proceedings and tes…

40.075. Sentence to confinement at one dollar a day instead of fine — limitations. — Subject to the limitations of sections 40.055 to 40.065, 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.…

40.079. Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when. — The jurisdiction of a court-martial is limited to the trial of persons accused of military offense…

40.083. Convening general courts-martial, persons authorized. — 1. General courts-martial may be convened by any of the following: (1) The governor; (2) The adjutant general; (3) The commanding officer of a division, a separate brigade, or a separate wing; (4) Any other commandin…

40.085. Convening special courts-martial, persons authorized. — In the state military forces any person authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on…

40.088. Convening summary courts-martial, persons authorized. — 1. In the state military forces any person authorized to convene a general or special court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where…

40.090. Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons. — 1. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be bro…

40.095. Military judge — appointment — qualifications — duties — restrictions. — 1. The authority convening a general or special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which the judge had …

40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions. — 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 …

40.100. Court reporters, appointment, when. — Under such regulations as the governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimon…

40.105. Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure. — 1. No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused ex…

40.108. Charges — contents — oath — accused to be informed. — 1. Charges and specifications shall constitute an information and shall be signed by a person subject to sections 40.005 to 40.490 under oath before a person authorized by sections 40.005 to 40.490 to administer oaths …

40.112. Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence. — 1. No person subject to sections 40.005 to 40.490 shall compel any person to incriminate himself or to answer any question, the answer to which may tend to incrimin…

40.114. Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure. — 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set fo…

40.117. Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements. — 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 pr…

40.119. Referring charges for trial requirements to be met in general court-martial. — 1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority ma…

40.121. Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial. — 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.…

40.124. Procedure in military courts. — The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall apply the principles of law and the rules of evidence generally recognized i…

40.126. Attempts to influence or coerce court prohibited — exceptions. — 1. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand or admonish the court or any member,…

40.128. Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties. — 1. The trial counsel of a general or special court-martial shall prosecute in the name of the state of Missouri and shall, unde…

40.130. Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members. — 1. At any time after the service of charges which have been referred for trial to a court-marti…

40.133. Continuances, granted, when. — A military judge or a summary court may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. ­­-------- (L. 1984 H.B. 1035 § 41)

40.135. Challenges, general or special court-martial. — 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 shall determine the relevancy and validity of ch…

40.138. Oath required for all judges, members, counsel, reporters, interpreters. — 1. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, rep…

40.141. Time limitation to bring action — war time, certain offenses no limitation — computation. — 1. A person charged with sedition, mutiny, or aiding a hostile force, or desertion or absence without leave in time of war may be tried and punished at any time without limitation.…

40.144. Res judicata to apply, when — exception not a bar to civilian prosecution. — 1. No person subject to sections 40.005 to 40.490 shall, without his consent, be tried a second time for the same offense in a military court convened under sections 40.005 to 40.490. Prosecution…

40.148. Not guilty plea, entered when. — 1. A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if after arraignment before a court-martial: (1) An accused makes an irregular pleading; (2) After a plea of …

40.150. Witnesses and evidence, authority to obtain. — 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 governor may prescribe. 2. Process issued in cour…

40.153. Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute. — 1. Any person not subject to sections 40.005 to 40.490 is guilty of a class C misdemeanor who: (1) Has been duly subpoenaed to appear as a witness or to produce books and re…

40.155. Contempt, authority of military court — penalties. — 1. A military court may punish for contempt any person subject to sections 40.005 to 40.490 who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Such pun…

40.157. Depositions authorized, when — procedure — exception — admitted into evidence, when. — 1. At any time after charges have been signed, as provided in section 40.108, any party may take oral or written depositions unless the military judge or an authority competent to conve…

40.160. Sworn testimony in court of inquiry, record admissible in evidence, when — exception. — 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 pers…