Chapter 55 — MILITIA
214 sections in this chapter.
Neb. Rev. Stat. § 55-208 Equipment; facilities.
0.7K chars
The Governor is hereby authorized to requisition or purchase from the Department of the Army or Department of the Air Force for the use of the armed forces of this state such arms, ammunition, clothing, and equipment as are necessary and authorized by the Department of the Army o…
Repealed. Laws 1969, c. 459, § 82.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1969, c. 459, § 82.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1969, c. 459, § 82.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 55-212 Service within state; exceptions.
1.1K chars
Such forces are not required to serve outside the boundaries of this state except (1) upon the request of the Governor of another state, in which case the Governor of this state may, in his discretion, order any portion or all of such forces to assist the military or police force…
Neb. Rev. Stat. § 55-213 Fugitive; apprehension in another state; duty.
0.4K chars
Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he is taken or to the United States;…
Neb. Rev. Stat. § 55-214 Fugitive to this state; capture authorized.
0.5K chars
Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the Uni…
Neb. Rev. Stat. § 55-215 Fugitive to this state; apprehension; surrender to local authorities.
0.2K chars
Any such person who shall be captured or arrested by the military forces of such other state while in this state, shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.
Neb. Rev. Stat. § 55-216 Fugitive to this state; sections, how construed.
0.3K chars
Nothing in sections 55-214 and 55-215 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Nothing contained in said sections shall be deemed to repeal, modify or conflict with any of the provisions of present or future laws of this …
Neb. Rev. Stat. § 55-217 Federal service; treatment of guard members.
0.4K chars
Nothing in sections 55-201 to 55-219 shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any fo…
Neb. Rev. Stat. § 55-218 Civil organizations; not eligible for enlistment.
0.2K chars
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group, shall be enlisted in such forces as an organization or unit.
Neb. Rev. Stat. § 55-219 Act, how cited.
0.1K chars
Sections 55-201 to 55-219 may be cited as the State Guard Act.
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…