Chapter 398 — Chapter 398
145 sections in this chapter.
ORS 398.002 Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515. As used in this chapter and ORS 396.120, 396.145, 399.205 and 399.515, unless the context requires otherwise, the following terms have the meanings given those terms in the Oregon Code of Military Justice
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(1) “Commanding officer.” (2) “Commissioned officer.” (3) “Confining authority.” (4) “Convening authority.” (5) “Enlisted member.” (6) “Judge advocate.” (7) “Military court.” (8) “Military judge.” (9) “Officer.” (10) “Record.” (11) “State Judge Advocate.” (12) “Superior commissio…
ORS 398.004 Persons subject to Oregon Code of Military Justice. (1) The following persons who are not in federal service are subject to the Oregon Code of Military Justice as described in ORS 396.128
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(a) Members of the organized militia. (b) All other persons lawfully ordered to duty in or with the organized militia, from the dates they are required by the terms of the order or other directive to obey the same. (2) A person may not be tried or punished for any offense provide…
ORS 398.006 Jurisdiction to try certain personnel. (1) Each person discharged from the organized militia who is later charged with having fraudulently obtained the discharge of the person is, subject to ORS 398.216, subject to trial by court-martial on that charge and is after apprehension subject to the Oregon Code of Military Justice while in the custody of the military for that trial. Upon conviction of that charge, the person is subject to trial by court-martial for all offenses under the Oregon Code of Military Justice committed before the fraudulent discharge
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(2) A person who has deserted from the organized militia may not be relieved from amenability to the jurisdiction of the Oregon Code of Military Justice by virtue of a separation from any later period of service. [1961 c.454 §80; 2013 c.81 §5]
ORS 398.008 [1961 c.454 §81; 1975 c.719 §2; 2005 c.512 §6; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.010 Territorial applicability of Oregon Code of Military Justice. (1) The Oregon Code of Military Justice applies throughout this state and also applies to all persons otherwise subject to the code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state
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(2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to the Oregon Code of Military Justice as if the proceedings were held i…
ORS 398.012 Judge advocates. (1) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia as State Judge Advocate. To be eligible for appointment as State Judge Advocate, an officer must
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(a) Be a licensee in good standing of the Oregon State Bar; (b) Have been a licensee of the Oregon State Bar for at least five years; and (c) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq. (2) The Adjutant General ma…
ORS 398.014 Presentment of Class A felony charges to civilian authority. (1) A charge against a person subject to the Oregon Code of Military Justice for an offense that is classified as a Class A felony under the Oregon Criminal Code shall first be presented by the convening authority to a prosecuting civilian authority with jurisdiction over the offense for possible prosecution
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(2) If the prosecuting civilian authority declines to prosecute or fails to respond within 90 days from presentation of the charge, the charge may then be prosecuted as provided in this chapter or the Oregon Code of Military Justice. [2005 c.512 §33; 2013 c.81 §8]
ORS 398.052 [1961 c.454 §84; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.054 [1961 c.454 §85; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.056 [1961 c.454 §86; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.058 Restraint of priority prisoners; notice of charges; speedy disposition; conditional release. (1)(a) Except as provided in paragraph (b) of this subsection, any person subject to the Oregon Code of Military Justice charged with an offense under the code may be ordered, as a priority prisoner, into arrest or confinement, as circumstances may require
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(b) A person subject to the code charged only with a minor offense normally tried by a summary court-martial or subject to punishment under Article 15 of the code may not ordinarily be placed in confinement. (2) When any person subject to the Oregon Code of Military Justice is pl…
ORS 398.060 Place of confinement. (1) Confinement other than in an authorized military confinement facility, whether before, during or after trial by a military court, shall be executed in county jails, penitentiaries or prisons designated by the Governor or by such persons as the Governor may authorize to act
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(2) If no designation is made under subsection (1) of this section, the person shall be confined in a county jail. (3) Confinement under this section shall be without requirement of payment of any fee or charge for confining the person. [1961 c.454 §88; 2005 c.512 §9]
ORS 398.062 [1961 c.454 §89; 2005 c.512 §36; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.064 [1961 c.454 §90; repealed by 1985 c.682 §53]
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[Repealed or reserved.]
ORS 398.065 [1985 c.682 §2; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.066 [1961 c.454 §91; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.068 [1985 c.682 §11; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.082 [1961 c.454 §92; repealed by 1975 c.719 §5 (398.083 enacted in lieu of 398.082)]
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[Repealed or reserved.]
ORS 398.083 [1975 c.719 §6 (enacted in lieu of 398.082); 1985 c.682 §15; 2005 c.512 §10; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.102 [1961 c.454 §93; 1975 c.719 §7; 1985 c.682 §16; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.104 [1961 c.454 §94; 1975 c.719 §8; 2005 c.512 §11; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.106 [1961 c.454 §95; 1975 c.719 §9; 1985 c.682 §17; 1999 c.157 §1; 2005 c.512 §12; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.108 [1961 c.454 §96; 1975 c.719 §10; 1985 c.682 §18; 1999 c.157 §2; 2005 c.512 §13; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.110 [1961 c.454 §97; 1975 c.719 §11; 1985 c.682 §19; 1999 c.157 §3; 2005 c.512 §14; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.112 [1961 c.454 §98; 1999 c.157 §4; 2005 c.512 §15; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.114 [1961 c.454 §99; 1985 c.682 §20; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.116 [1961 c.454 §100; 2005 c.512 §37; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.118 Commutations and pardons granted by Governor; remittance of forfeitures and fines. Upon the conditions and with the restrictions and limitations as the Governor thinks proper, the Governor may grant commutations and pardons for all punishments imposed under the Oregon Code of Military Justice by a general court-martial or a special court-martial and may remit all forfeitures and fines that were imposed under the code. [2005 c.512 §17; 2013 c.81 §10]
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[Repealed or reserved.]
ORS 398.120 Application for commutation or pardon. (1) When a person subject to the Oregon Code of Military Justice makes an application for commutation or pardon to the Governor, a copy of the application, signed by the applicant and stating fully the grounds of the application, shall be served by the applicant upon
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(a) The convening authority; and (b) If the applicant is in confinement, the person in charge of the place of confinement. (2) The applicant shall present to the Governor proof by affidavit of the service. (3) Upon receiving a copy of the application for commutation or pardon, th…
ORS 398.126 [1961 c.454 §101; 2005 c.512 §19; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.128 [1961 c.454 §102; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.130 [1961 c.454 §103; 1985 c.682 §21; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.132 [1961 c.454 §104; 1975 c.719 §12; 1985 c.682 §22; 2003 c.14 §171; 2005 c.512 §20; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.134 [1961 c.454 §105; repealed by 1975 c.719 §13 (398.135 enacted in lieu of 398.134)]
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[Repealed or reserved.]
ORS 398.135 [1975 c.719 §14 (enacted in lieu of 398.134); 1985 c.682 §23; 1999 c.94 §1; 2005 c.512 §21; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.136 [1961 c.454 §106; 1975 c.719 §15; 1985 c.682 §24; 1999 c.94 §2; 2005 c.512 §22; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.138 [1961 c.454 §107; 1985 c.682 §25; 1999 c.94 §3; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.140 [1961 c.454 §108; 1975 c.719 §16; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.162 [1961 c.454 §109; 1985 c.682 §26; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.164 [1961 c.454 §110; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.166 [1961 c.454 §111; 1985 c.682 §27; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.168 [1961 c.454 §112; 1975 c.719 §17; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.170 [1961 c.454 §113; 1985 c.682 §28; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.172 [1961 c.454 §114; 1975 c.719 §18; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.202 [1961 c.454 §115; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.204 [1961 c.454 §116; 1975 c.719 §19; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.206 [1961 c.454 §117; 1975 c.719 §20; 1985 c.682 §29; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.208 [1961 c.454 §118; repealed by 1975 c.719 §21 (398.209 enacted in lieu of 398.208)]
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[Repealed or reserved.]
ORS 398.209 [1975 c.719 §22 (enacted in lieu of 398.208); 2005 c.512 §38; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.210 [1961 c.454 §119; 1975 c.719 §23; repealed by 2013 c.81 §20]
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[Repealed or reserved.]