Title 32, Military Affairs; Emergency Services

May 8 of each year shall be known as Military Family Appreciation Day. [2009 c.84 §1] Note: 396.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised S…

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: (1) “Commanding officer.” (2) “Commissioned officer.” (3) “Confining autho…

(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: (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 …

(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 J…

(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 t…

(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: (a) Be a licensee in good standing of the Oregon State Bar; (b) Hav…

(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 off…

(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. (b) A person subject t…

(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. (…

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 a…

(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: (a) The con…

(1) Except as otherwise provided in this section, a person subject to the Oregon Code of Military Justice who is charged with an offense is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifica…

(1) Any person not subject to the Oregon Code of Military Justice commits a Class B misdemeanor if the person: (a) Has been duly subpoenaed to appear as a witness before a court-martial, court of inquiry or any other military court or board, or before any military or civil office…

(1) A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. (2) A military court sha…

(1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members of a general or special court-martial present at the time the vote on the findings and on the sentence of a court-martial is taken. (2) All sentences shall be determined by the co…

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 the Oregon Code of Military Justice. The use of irons, single or double, except for…

In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. Where no provision is made for executing those processes and sentences, the process or sentence shall be…

(1) Military courts may issue all process necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when the courts are sitting…

No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection…

The jurisdiction of the military courts and boards established by this chapter and the Oregon Code of Military Justice shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [1961 c.454 §20…

The Governor may delegate any authority vested in the Governor under this chapter, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by ORS 398.118. [1961 c.454 §207; 1985 c.682 §52; 2005 c.512 §40; 2013 c.81 §18]

The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice from any fund appropriated to the Oregon Military Department. [1985 c.682 §12; 1989 c.360 §11]

(1) There is established within the Oregon Military Department the Armed Forces Court of Appeals for Oregon. (2) The court shall have exclusive jurisdiction over appeals properly brought under this chapter, the Oregon Code of Military Justice and ORS chapters 396 and 399. (3) The…

Army National Guard. The ground force of the organized militia shall be the Army National Guard and shall be composed of the army units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are…

The air force of the organized militia shall be the Air National Guard and shall be composed of the air force units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed…

(1) In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve force. Such force shall be known as the Oregon Civil Defense Force, an…

(1) The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal and state laws and regulations. (2) It hereby is declared to be the policy of the state that there shall be an equality of treatm…

Members and units of the organized militia shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable f…

(1) The Governor shall have the power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into active service of the state for such period, to such extent and in such manner as the Governor may deem necessary all or any pa…

(1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state. (b) Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction …

For all purposes under this chapter and ORS chapters 396 and 398, members of the organized militia who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military s…

Unless furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain such facilities for units of the Oregon National Guard allotted to the state under the laws of the United States, acc…

(1) Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, including training, or who in any way or manner interrupts or molests the disch…

(1) When the Governor orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the o…

The organized militia in the performance of its military duties shall have the right of way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delay…

Any person belonging to the organized militia shall, together with the conveyance in the charge of the person and the property of the state or the United States in the charge of the person, be allowed to pass free through all tollgates and tunnels and over all toll bridges and al…

Oaths and affirmations required in any matter connected with the military service may be administered by any duly commissioned officer of the organized militia or other officer authorized to administer oaths under the laws of the state, and no charge shall be made nor shall any f…

No member of the organized militia shall wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the orga…

Any member of the organized militia who is wronged by the commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General. [196…

Any officer or enlisted person of the militia of this state who receives compensation from the United States as a federally recognized member of the organized militia shall not be ineligible by reason thereof to hold lucrative office or seat in the Legislative Assembly within the…

Active members of the organized militia shall be exempt from duty to act as a juror. [1961 c.454 §49]

(1) Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court…

(1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service of the state. (b) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code. (c) A member of the Ore…

(1) As used in this section: (a) “Interest” includes service charges, renewal fees or other charges or fees associated with an obligation or liability. (b) “Service member” means: (A) A member of the organized militia who is called into active service of the state for 30 or more …

(1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service of the state for 30 or more consecutive days. (b) A member of the Armed Forces of the United States, as that term is defined in ORS 366.931, who is called …

As used in ORS 399.245 to 399.265: (1) “Qualified applicant” means an Oregon resident who: (a) Is a member of the Oregon National Guard; (b) Maintains minimum academic standards at the qualified institution of higher education; (c) Meets participation standards in the Oregon Nati…

(1) Subject to the availability of funds, the Oregon Military Department shall contract with the Higher Education Coordinating Commission to disburse to qualified applicants, awards made to the applicants on behalf of the Oregon National Guard Scholarship Program as determined by…

A qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265 before completing the national guard service requirement. However, if an applicant fails to fulfill the service requirement, the applicant shall pay to the Higher Education Coordinating Commission the…

(1) As used in this section and ORS 399.280: (a) “Eligible post-secondary institution” has the meaning given that term in ORS 348.180. (b) “Surviving family member” means a spouse or dependent of a member of the Oregon National Guard who is killed while in active service. (2) Sub…

(1) The tuition waiver program described in this section and ORS 399.275 is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree. (2) A member of the Oregon National Guard or surviving family member may obtain only one…