Title MIL, Military

§ 130.33. 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 through channels the charges, together with the investigati…

§ 130.34. Advice of staff judge advocate and reference for trial. (a) 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 shall not refer a cha…

§ 130.35. Service of charges. 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. In time of peace no person shall, against his objection, be brought to trial, or be…

§ 130.36. Adjutant general may prescribe rules. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the adjutant general by regulations issued pursuant to this chapter which shall, so far as he deems practica…

§ 130.37. Unlawfully influencing action of court. (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, shall censure, reprimand, or admonish such court or any member, military judge, or counsel thereof, with respect to the fi…

§ 130.38. 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) The accused shall have the right t…

§ 130.39. 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 section 130.35 of this chapter, call the court into session without the presence of…

§ 130.4. Discharge of commissioned officers. (a) When any officer, discharged by order of the governor for absence without leave for a period of three months or more pursuant to section seventy-eight of this chapter, makes a written application for trial by court-martial, settin…

§ 130.40. Continuances. The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

§ 130.41. Challenges. (a) 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, or, if none, the court, shall determine the relevancy and validity of challenge…

§ 130.42. Oaths. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their dut…

§ 130.43. Statute of limitations. (a) A person charged with desertion or 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 section, a person charged wit…

§ 130.44. Former jeopardy. (a) No person shall without his consent, be tried a second time by a civil court or a military court of the state for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shal…

§ 130.45. Pleas of the accused. (a) If an accused after arraignment makes any 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 its me…

§ 130.46. Opportunity to obtain witnesses and other evidence. The trial counsel, defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations issued by the governor pursuant to this chapter. Process iss…

§ 130.47. Refusal to appear or testify. Every person not subject to this code who (a) has been duly subpoenaed to appear as a witness or to produce books and records before any military court or board or before any military or civil officer designated to take a deposition to be …

§ 130.48. Contempts. A military court may punish for contempt any person who uses any menacing words, signs, or gestures in its presence, or who disturbs its proceedings by any riot or disorder. Such punishment shall not exceed confinement for thirty days or a fine of one hundre…

§ 130.49. Depositions. (a) At any time after charges have been signed as provided in section 130.30, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authori…

§ 130.5. Territorial applicability of the code. (a) This code shall be applicable in all places within the state. It shall also apply to all persons subject to this code while serving without the state and while going to and returning from such service without the state in like …

§ 130.50. Admissibility of records of courts of inquiry. (a) In any case not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, …

§ 130.51. Voting and rulings. (a) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the cour…

§ 130.52. Number of votes required. (a) No person shall be convicted of any offense, except as provided in subdivision (b) of section 130.45 of this chapter, or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be dete…

§ 130.53. Court to announce action. Every court-martial shall announce its findings and sentence to the parties as soon as determined.

§ 130.54. Record of trial. (a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by …

§ 130.55. Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons,…

§ 130.56. Maximum limits. The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code.

§ 130.57. 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 or a…

§ 130.58. Execution of confinement. (a) Any sentence or punishment of confinement adjudged by a military court, whether or not such sentence or punishment includes discharge or dismissal, and whether or not such discharge or dismissal has been executed, may be carried into execu…

§ 130.59. Error of law; lesser included offense. (a) A finding or sentence of a court-martial shall 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 to …

§ 130.6. Judge advocates and legal officers. (a) The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia. (b) Convening authorities shall at all times communicate di…

§ 130.60. Action by the convening authority. (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) (1) Within thirty days after the sentence of a general court-martial or of a special co…

§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to appellate review under section 130.65 or section 130.68 of this article the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver sh…

§ 130.62. Rehearings. Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the …

§ 130.63. Review by a judge advocate. (a) Each case in which there has been a finding of guilt that is not reviewed under section 130.65 or 130.68 of this article shall be reviewed by a judge advocate under regulations of the adjutant general. A judge advocate may not review a c…

§ 130.64. Disposition of records. (a) In a case subject to appellate review under section 130.65 of this article in which the right to such review is not waived, or an appeal is not withdrawn under section 130.61 of this article, the record of trial and action thereon shall be t…

§ 130.65. Review by board of military review and approval by the adjutant general. (a) The state judge advocate shall establish a board of military review which shall be composed of not less than three officers of the organized militia or on the state reserve list or state retir…

§ 130.66. Review by the governor. (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which, upon petition of the accused and on good cause shown, the governor grants such review. (b) The accused ma…

§ 130.67. Review counsel. (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge or of a sentence to any confinement the accused shall have the right to be represented by counsel before the reviewing authority, the staff ju…

§ 130.68. Review in the office of the state judge advocate. (a) The record of trial in each general court-martial that is not otherwise reviewed under section 130.65 of this article shall be examined in the office of the state judge advocate if there is a finding of guilty and t…

§ 130.69. Execution of sentence; suspension of sentence. (a) If in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the adjutant general. In such a ca…

§ 130.7. Apprehension. (a) Apprehension is the taking into custody of a person. (b) Any person authorized under regulations issued pursuant to this chapter to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this chap…

§ 130.70. 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 any court-martial sentence which includes confinement or of any general court-martial sentence, the officer havin…

§ 130.71. 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 state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the acc…

§ 130.72. Remission and suspension. (a) The adjutant general and, when designated by him, the deputy adjutant general, chief of staff, state judge advocate, or commanding officer may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncoll…

§ 130.72-a. 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 be r…

§ 130.72-b. Finality of proceedings, findings and sentences. The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this chapter, and all dismissals and disch…

§ 130.72-c. Leave required to be taken pending review of certain court-martial convictions. Under regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial will be carried in a leave status and will not participate in any training pendi…

§ 130.73. 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; is a p…

§ 130.74. 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 as a co…

§ 130.75. 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 of an offense necessarily included therein.