Title 44, Title 44 — Militia

by employer. A. Requirement to provide notice. Each employer shall identify their employees who are members of the state military forces and provide them with a notice of the rights, benefits, and obligations of employees and employers subject to the Oklahoma Uniformed Services E…

subdivisions. A. Training required. The administrator of each state agency and political subdivision shall provide training for the human resources personnel of the agency or political subdivision on the following: 1. The rights, benefits, and obligations provided in the Oklahoma…

Oath for National Guard Officers. Each commissioned officer, before entering upon the duties of his office, shall take and subscribe to the following oath, or such other oath as may be required by National Guard Regulations: "I .........., do solemnly swear that I will support an…

- Relinquishment of custody of minor child. A. Enlistments in the National Guard. Hereafter, the period of enlistment in the National Guard of this state shall be for three (3) years or such other time as prescribed by National Guard regulations, and the qualifications for enlist…

Enlisted men discharged from service in the National Guard of this state shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by National Guard regulations, and in time of peace discharges may be given prior to the expiration…

All matters relating to organization, commissioning and discharging of officers, enlisting and discharge of enlisted men, discipline, and government of the National Guard, not otherwise provided in this code, shall be decided by the customs, regulations, and usage of the United S…

The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire. All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions…

attendance - Drills, exercises, etc. It shall be the duty of each commissioned officer and enlisted person of the Oklahoma National Guard to be present and perform all the duties required of him or her at each assembly for drill and instruction, encampment, maneuvers or other exe…

It shall be the duty of the Governor, and he or she is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, or an imminent or…

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such …

The Adjutant General is authorized to make and publish policy to determine the amount of compensation and benefits for members of the Oklahoma National Guard serving in active service of the state and prescribe the applicable rules and procedures. Added by Laws 1951, p. 118, art.…

Officers and/or enlisted men who suffer injuries or contract disease, in line of duty, while on duty or in active service, shall receive hospitalization and medical treatment, and the pay and allowances of their grade during the period that they are unable to resume their civilia…

The Adjutant General is hereby authorized to administer, determine eligibility and expend state funds appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Ser…

Sections 800 through 946 of this title shall be known and may be cited as the "Oklahoma Uniform Code of Military Justice". With the Oklahoma Uniform Code of Military Justice, good order and discipline shall be established and safeguarded within state military forces pursuant to S…

ARTICLE 1. Definitions. A. As used in the Oklahoma Uniform Code of Military Justice, 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 other …

Justice. ARTICLE 2. Persons subject to the Oklahoma Uniform Code of Military Justice. A. The Oklahoma Uniform Code of Military Justice applies to all members of the state military forces at all times who are not in active federal service, as defined by Title 10 of the United Stat…

ARTICLE 3. Jurisdiction to try certain personnel. A. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 904A of this title, subject to trial by court- martial on that charge and is, after…

Military Justice. ARTICLE 5. Territorial applicability of Oklahoma Uniform Code of Military Justice. The Oklahoma Uniform Code of Military Justice applies at all times and in all places. Courts-martial and courts of inquiry may be convened while state military forces are deployed…

ARTICLE 6. Judge advocates. A. Designation of State Judge Advocate and senior force component judge advocate. The Adjutant General shall designate in writing a State Judge Advocate from among the judge advocates duly commissioned in the state military forces. Regardless of rank, …

the fitness of military judges. ARTICLE 6A. Investigation and disposition of matters pertaining to the fitness of military judges. The Adjutant General shall promulgate regulations prescribing procedures for the investigation and disposition of charges, allegations, or informatio…

Uniform Code of Military Justice. ARTICLE 6B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice. A. A victim of an offense under the Oklahoma Uniform Code of Military Justice has the following rights: 1. The right to be reasonably protected fr…

ARTICLE 7. Apprehension. A. Apprehension is the taking of a person into custody. B. Any person authorized by the Oklahoma Uniform Code of Military Justice or by Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to apprehend persons subject t…

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 general or special court-martial convening au…

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 that person to remain within certain specified limits. Confinement is the physical restraint of a person. B. An enlisted member may be ord…

ARTICLE 10. Restraint of persons charged. A. 1. Unless otherwise provided in paragraph 2 of this subsection, any person subject to the Oklahoma Uniform Code of Military Justice who is charged with an offense under the Code may be ordered into arrest or confinement, as the circums…

ARTICLE 11. Place of confinement, reports and receiving of prisoners. A. Persons confined before or during trial by court-martial shall be confined in any place of confinement under the control of any of the armed forces, in any county jail or in any penal or correctional facilit…

military forces with enemy prisoners and certain others. ARTICLE 12. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others. No member of the state military forces shall be placed in confinement in immediate association with: 1.…

ARTICLE 13. Punishment prohibited before trial. No person, while being held for trial, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon him or her be any more…

ARTICLE 14. Delivery of offenders to civil authorities. A. Under such regulations as the Adjutant General may prescribe, a person subject to the Oklahoma Uniform Code of Military Justice who is in a duty status and who is accused of an offense against civil authority may be deliv…

ARTICLE 15. Commanding officer's nonjudicial punishment. A. Except as provided in subsection B of this section, any commanding officer may impose disciplinary punishments for minor offenses arising under the punitive articles of the Oklahoma Uniform Code of Military Justice witho…

ARTICLE 16. Courts-martial classified. A. The three kinds of courts-martial in the state military forces are the following: 1. General courts-martial, as described in subsection B of this section; 2. Special courts-martial, as described in subsection C of this section; and 3. Sum…

ARTICLE 17. Jurisdiction of courts-martial in general. A. Each force component shall have court-martial jurisdiction over all persons subject to the Oklahoma Uniform Code of Military Justice. The exercise of jurisdiction by one force component over personnel of the other force co…

ARTICLE 18. General courts-martial. Subject to Section 817 of this title (Article 17), general courts-martial shall have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitation…

ARTICLE 19. Jurisdiction of special courts-martial. A. Subject to Section 817 of this title (Article 17), special courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under su…

ARTICLE 20. Jurisdiction and appeals of summary courts-martial. A. Subject to Section 817 of this title (Article 17), summary courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice, except officers, cadets and officer candidates f…

ARTICLE 21. Convening of court-martial by federal officials. In no case shall the President of the United States, the Secretary of Defense, the secretary of a military department, a military officer serving on active duty within the meaning of Title 10 of the United States Code, …

ARTICLE 22. Who may convene general courts-martial. A. General courts-martial may be convened by: 1. The Governor; 2. The Adjutant General; 3. Any other commanding officer in the state military forces designated by the Adjutant General; or 4. Any other commanding officer in the s…

ARTICLE 23. Who may convene special courts-martial. A. Special courts-martial may be convened by: 1. Any person who may convene a general court-martial; 2. The commanding officer of a brigade in the army component of state military forces; 3. The commanding officer of a wing in t…

ARTICLE 24. Who may convene summary courts-martial. A. Summary courts-martial may be convened by: 1. Any person who may convene a general or special court- martial; 2. The commanding officer of a battalion in the army component of state military forces; 3. The commanding officer …

ARTICLE 25. Who may serve on courts-martial. A. Any commissioned officer who is a member of the same force component as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. B. Any warrant offi…

martial. ARTICLE 26. Military trial judge of a general or special court- martial. A. A military trial judge shall be detailed to each general and special court-martial. The Adjutant General shall promulgate regulations prescribing the manner of selection, certification and detail…

ARTICLE 26A. Military magistrates. A. Qualifications. A military magistrate: 1. Shall be a member of the bar of a federal court or a member of the bar of the highest court of a state and may be a commissioned officer of the state military forces; and 2. Shall be certified to be q…

ARTICLE 27. Detail of trial counsel and defense counsel. A. 1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-ma…

ARTICLE 28. Detail or employment of reporters and interpreters. Under such regulations as the Adjutant General may prescribe, the convening authority of a court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and t…

and military judges. 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, …

ARTICLE 30. Charges and specifications. A. Charges and specifications: 1. May be preferred only by a person subject to the Oklahoma Uniform Code of Military Justice; and 2. Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed …

ARTICLE 30A. Certain proceedings conducted before referral. A. In general. 1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by th…

ARTICLE 31. Compulsory self-incrimination prohibited. A. No person subject to the Oklahoma Uniform Code of Military Justice shall compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her. B. No person sub…

court-martial. ARTICLE 32. Preliminary hearing required before referral to general court-martial. A. In general. 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 general co…

ARTICLE 33. Disposition guidance. The Adjutant General shall issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges…