Chapter 55, MILITIA
202 sections in this chapter.
Neb. Rev. Stat. § 55-301 Military Department Aid Fund; created; use; investment.
0.8K chars
(1) The Military Department Aid Fund is created. The Adjutant General shall administer the fund. The fund shall consist of gifts, grants, bequests, money received from any public or private source, money credited pursuant to section 60-3,122.04, and money transferred to the fund …
Neb. Rev. Stat. § 55-302 Military Department Aid Fund; grants.
1.0K chars
(1) Beginning on January 1, 2027, a member of the Military Department may apply to the Adjutant General for a grant under this section. The Adjutant General shall prescribe the form for the application. (2) The Adjutant General may award a grant to any member of the Military Depa…
Neb. Rev. Stat. § 55-401 Code, how cited.
0.1K chars
Sections 55-401 to 55-481 shall be known and may be cited as the Nebraska Code of Military Justice.
Neb. Rev. Stat. § 55-402 Terms, defined.
1.0K chars
As used in the Nebraska Code of Military Justice, unless the context otherwise requires: (1) Military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and Air National Guard, and in addition …
Neb. Rev. Stat. § 55-403 Code; persons subject to.
0.2K chars
The following persons are subject to this code: All members of the military forces of Nebraska not in the active service of the United States and who are under orders to be in the active service of the state as defined by section 55-104.
Neb. Rev. Stat. § 55-404 Fraudulent discharge; deserters; trial by court-martial.
0.7K chars
(1) All persons discharged from the military forces of Nebraska subsequently charged with having fraudulently obtained such discharge shall, subject to the provisions of section 55-426, be subject to trial by court-martial on such charge and shall after apprehension be subject to…
Neb. Rev. Stat. § 55-405 Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.
2.0K chars
(1) When any officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a court-martial to try such officer on the charg…
Neb. Rev. Stat. § 55-406 Code; applicability.
0.2K chars
This code shall be applicable in all places where military forces are present with any personnel who are on orders to be in the active service of the state.
Neb. Rev. Stat. § 55-407 State Judge Advocate; appointment.
0.2K chars
The Adjutant General shall appoint as State Judge Advocate one of the Senior Staff Judge Advocates from either the Army National Guard or the Air National Guard.
Neb. Rev. Stat. § 55-408 Staff Judge Advocates; duties; restrictions.
0.5K chars
(1) Convening authorities shall at all times communicate directly with their Staff Judge Advocates in matters relating to the administration of military justice; and the Staff Judge Advocate of any command is authorized to communicate directly with the State Judge Advocate. (2) N…
Neb. Rev. Stat. § 55-409 Apprehension of persons.
0.5K chars
(1) Apprehension is the taking into custody of a person. (2) Any person authorized under regulations governing the armed forces to apprehend persons subject to this code or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person…
Neb. Rev. Stat. § 55-410 Apprehension of deserters.
0.3K chars
It shall be lawful for any civil officer having authority to apprehend offenders under the laws of the State of Nebraska summarily to apprehend a deserter from the Nebraska National Guard or a member of the military forces absent without leave and deliver him into the custody of …
Neb. Rev. Stat. § 55-411 Imposition of restraint.
1.1K chars
(1) 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. (2) An enlisted person may be ordered into arrest or confinement by any offic…
Neb. Rev. Stat. § 55-412 Restraint of persons charged with offenses.
0.4K chars
Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him …
Neb. Rev. Stat. § 55-413 Confinement and imprisonment other than in guardhouse.
0.2K chars
Confinement and imprisonment other than in guardhouse, whether prior to, during or after trial by a military court, shall be executed in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General for that purpose.
Neb. Rev. Stat. § 55-414 Reports and receiving of prisoners.
0.9K chars
(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 by the Governor or the Adjutant General under section 55-413 shall refuse to receive or keep any prisoner committed to his charge …
Neb. Rev. Stat. § 55-415 Manual for Courts-Martial, United States; applicability.
0.3K chars
Insofar as it is not inconsistent with the provisions of this code, the Manual for Courts-Martial, United States, as established from time to time by Executive Order of the President of the United States shall be in force and effect and apply to the military forces of Nebraska.
Neb. Rev. Stat. § 55-416 Commanding officer's nonjudicial punishment.
7.7K chars
(1) Under such regulations as the Governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exer…
Neb. Rev. Stat. § 55-417 Court-martial, defined; jurisdiction.
1.0K chars
There shall be general, special, and summary courts-martial constituted like similar courts of the Army and Air Force of the United States. The jurisdiction of the courts-martial shall be as follows: (1) General court-martial: Except as otherwise provided by law, a general court-…
Neb. Rev. Stat. § 55-418 Court-martial; jurisdiction.
0.7K chars
A court-martial as defined in the code shall have jurisdiction to try persons subject to the code for any offense defined and made punishable by the code and may, under such limitations and regulations as the Governor may prescribe, adjudge any of the following penalties: (1) Con…
Neb. Rev. Stat. § 55-419 Court-martial; jurisdiction; not exclusive.
0.7K chars
The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in the code. Persons subject to the code who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are pres…
Neb. Rev. Stat. § 55-420 Court-martial; who may convene.
0.3K chars
A court-martial may be convened by: (1) The Governor of Nebraska; or (2) Any other commanding officer in any of the military forces who is of the rank of major or above. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any…
Neb. Rev. Stat. § 55-421 Court-martial; members; eligibility.
2.3K chars
(1) Any commissioned officer is eligible to serve on any court-martial for the trial of any person who may lawfully be brought before such court for trial. (2) Any warrant officer is eligible to serve on a court-martial for the trial of any person, other than a commissioned offic…
Neb. Rev. Stat. § 55-422 Court-martial; military judge; qualifications.
1.7K chars
(1) The authority convening a court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he had been detailed. (2) A military judge shall be a commissioned officer of the National Guard or a retired off…
Neb. Rev. Stat. § 55-423 Court-martial; trial counsel; defense counsel; detail.
1.0K chars
(1) For each 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 investigating officer, military judge, or court member in any case may act later as trial couns…
Neb. Rev. Stat. § 55-424 Court-martial; reports; interpreters; detail.
0.6K chars
Under such regulations as the Governor may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Un…
Neb. Rev. Stat. § 55-425 Court-martial; absent members; new members; disability of military judge; effect.
1.3K chars
(1) No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (2) Whenever a court-martial other than a …
Neb. Rev. Stat. § 55-426 Court-martial; pretrial; trial; procedures applicable.
0.5K chars
The pretrial and trial procedures before a court-martial shall be in accordance with the procedures set forth in the Uniform Code of Military Justice of the United States, 10 U.S.C. chapter 47, for courts-martial as the same may be from time to time amended and according to regul…
Neb. Rev. Stat. § 55-427 Statute of limitations.
0.3K chars
A person charged with any offense is not liable to be tried by court-martial or punished under section 55-416 or 55-481 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction as s…
Neb. Rev. Stat. § 55-428 Witness; failure to appear; procedure.
1.1K chars
(1) Any person not subject to the code who: (a) Has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read …
Neb. Rev. Stat. § 55-429 Cruel and unusual punishment, prohibited.
0.3K chars
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 irons, single or double, except for the purpose of safe cust…
Neb. Rev. Stat. § 55-430 Punishment; limitation.
0.1K chars
The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor may prescribe for that offense.
Neb. Rev. Stat. § 55-431 Sentences; effective date.
1.4K chars
(1) 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 or after the date the sentence is approved b…
Neb. Rev. Stat. § 55-432 Confinement; execution.
0.6K chars
Under such instructions as the Governor may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried in…
Neb. Rev. Stat. § 55-433 Sentences; reduction in grade.
0.9K chars
(1) 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) A dishonorable or bad conduct discharge; (b) Confinement; or (c) Hard…
Neb. Rev. Stat. § 55-434 Court-martial; error of law; effect.
0.4K chars
(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…
Neb. Rev. Stat. § 55-435 Court-martial; record; action on.
0.3K chars
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 command, or any officer exercising court-martial jur…
Neb. Rev. Stat. § 55-436 Court-martial; records; reference.
0.4K chars
The convening authority shall refer the record of each court-martial to his Staff Judge Advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specificati…
Neb. Rev. Stat. § 55-437 Reconsideration; revision.
1.1K chars
(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 i…
Neb. Rev. Stat. § 55-438 Rehearing.
0.9K chars
(1) 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 disapproval. If he disapproves…
Neb. Rev. Stat. § 55-439 Approval by the convening authority.
0.4K chars
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 he in his discretion determines should be approved. Unl…
Neb. Rev. Stat. § 55-440 Disposition of records after review by the convening authority.
0.2K chars
When the convening authority has taken final action in a court-martial case, he shall send the entire record, including his action thereon and the opinion or opinions of the Staff Judge Advocate or legal officer, to the State Judge Advocate.
Neb. Rev. Stat. § 55-441 Court of Military Review; members; qualifications; appointment.
0.5K chars
The Adjutant General, upon the recommendation of the State Judge Advocate, shall appoint a Court of Military Review consisting of three members each to serve for a term of five years. The members shall be either civilians or commissioned officers of the military forces who are ad…
Neb. Rev. Stat. § 55-442 Court of Military Review; compensation.
0.2K chars
Members of the Court of Military Review shall be paid the sum of fifty dollars per day when sitting and in addition shall be reimbursed for all expenses incurred as provided in sections 81-1174 to 81-1177 for state employees.
Neb. Rev. Stat. § 55-443 Court of Military Review; powers.
2.0K chars
(1) The State Judge Advocate shall refer to the Court of Military Review the complete record of every case of trial by general or special court-martial within thirty days after receiving the record. The referral of the record in summary courts-martial shall be according to the ma…
Neb. Rev. Stat. § 55-444 Counsel for appellant; appointment.
0.4K chars
In every case coming before the Court of Military Review, the Court of Appeals, or the Nebraska Supreme Court under the Nebraska Code of Military Justice, the State Judge Advocate shall appoint counsel to represent the accused and such counsel shall be qualified under section 55-…
Neb. Rev. Stat. § 55-445 Review of cases; procedure.
2.0K chars
(1) The accused in cases reviewed by the Court of Military Review shall have thirty days from the time when he or she is notified of the decision of the Court of Military Review to petition the Court of Appeals for a review. Upon petition of the accused and for good cause shown, …
Neb. Rev. Stat. § 55-446 Sentence; execution.
0.3K chars
No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.
Neb. Rev. Stat. § 55-447 Petition for new trial.
0.7K chars
At any time within one year after approval by the convening authority of a court-martial sentence, the accused may petition the State Judge Advocate for a new trial on the ground of newly discovered evidence or fraud on the court. The State Judge Advocate shall refer the petition…
Neb. Rev. Stat. § 55-448 Principal, defined.
0.3K chars
Any person punishable under this code who: (1) Commits an offense punishable by the provisions of 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, is a p…