Section 31-2-1 Definitions. THIS SECTION WAS AMENDED BY ACT 2022-88 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The following definitions shall be used in construing, interpreting, enforcing, and applying the provisions of this chapter or any provision of any other act affecting the militia, the […]
Section 31-2-10 Appropriations for State Defense Force. (a) All regular military appropriations made for the purpose of recruiting, organizing, and maintaining the National Guard of Alabama or Naval Militia shall, in the event the National Guard is disbanded, abandoned, or called to federal active duty, be available and is hereby appropriated to the Alabama State […]
Section 31-2-100 Courts-martial for members of National Guard – Subpoena of witnesses. A court-martial may subpoena any witness residing within 100 miles of the place where the court is sitting to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction of the court-martial and signed by the judge advocate […]
Section 31-2-101 Courts-martial for members of National Guard – Punishment of persons disrupting proceedings, etc. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §137; Acts 1973, No. 1038, p. 1572, §102.)
Section 31-2-102 Courts-martial for members of National Guard – Payment of expenses. All expenses incurred in court-martial proceedings, including the payment of a reporter, sheriff’s fees for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment of officers and the judge advocate of the court, shall be paid out of the regular […]
Section 31-2-103 Courts-martial for members of National Guard – Review of findings and sentence by Governor; approval of Governor prerequisite to execution of sentence; presumption of jurisdiction and legality of proceedings. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. […]
Section 31-2-104 Courts-martial for members of National Guard – Persons authorized to execute processes and sentences. All processes and sentences of any of the military courts of this state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by any person deputized by the military court, into whose hands the same […]
Section 31-2-105 Courts-martial for members of National Guard – Delivery of certificate to sheriff for execution of sentence; disposition of fines. Where any sentence of a fine or imprisonment shall be imposed by any military court of this state, it shall be the duty of the Adjutant General, upon approval of the findings and sentences […]
Section 31-2-106 Courts-martial for members of National Guard – Compensation of civil officers for execution of process, etc. Sheriffs and other civil officers executing the warrants of arrest or process of courts-martial pursuant to this chapter shall receive as compensation therefor the fees allowed by law for like services in the criminal courts, the same […]
Section 31-2-107 Courts of inquiry. Courts of inquiry, to consist of one or more officers, may be, or on the request of the officer involved, shall be, instituted by the Adjutant General for the purpose of investigating the conduct of any officer, any accusation or imputation against him, or any acts made the subject of […]
Section 31-2-108 Appropriations for operation, support, etc., of National Guard organizations; quarterly allowances to commanders. The Legislature of Alabama shall appropriate during each of its regular sessions, or during such other sessions as conditions may require, a sufficient sum of money, based upon estimates and recommendations of the Adjutant General and approved by the Governor, […]
Section 31-2-109 Ordering out of troops – Authority of Governor. The Governor may call out all, or such portion of the militia and volunteer forces of the state as may be deemed advisable, to execute the laws, suppress insurrection and repel invasion, or to provide assistance in cases of disaster. (Acts 1936, Ex. Sess., No. […]
Section 31-2-11 Exemption of officers and enlisted men of National Guard, etc., from state jury duty. Owing to liability to call for military duty during their term of service, every officer and enlisted man of the National Guard, Naval Militia and Alabama State Guard when activated in lieu of the National Guard, shall be exempt […]
Section 31-2-110 Ordering out of troops – Restrictions. No portion of the National Guard of Alabama shall be called into service, or be used in the enforcement of the laws of the state, without the authority of the Governor, except in those cases authorized by this chapter. (Acts 1936, Ex. Sess., No. 143, p. 105; […]
Section 31-2-111 Ordering out of troops – Request to Governor by local officials. Whenever any circuit court judge, municipal court judge, probate court judge, sheriff, or mayor of any incorporated city, town, or village, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, mob, or combination to oppose the enforcement of […]
Section 31-2-112 Ordering out of troops – Issuance of order by Governor; authority of local civil authorities to order out troops. (a) Whenever there is an insurrection or outbreak of a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities, or in cases of disaster, and the authorities in such county, […]
Section 31-2-113 Ordering out of troops – Commanding officers may require written instructions from civil authorities; compliance with instructions. Any officer whose command is called out under the provisions of this chapter and reporting to any civil authority, may require such civil authority to make such instructions in writing and prescribe therein the outline of […]
Section 31-2-114 Ordering out of troops – Reports to Governor when troops ordered by civil authorities. Whenever any National Guard troops are ordered out by a civil authority under the provisions of this chapter, without first obtaining an order from the Governor, it shall be the duty of the civil authority and also of the […]
Section 31-2-115 Dispersion of mob, etc. – Order to disperse. Before using military force in the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the […]
Section 31-2-116 Dispersion of mob, etc. – Order to disperse – Failure to obey order. Any person or persons composing or taking part in any riot, rout, tumult, mob, or lawless combination or assembly mentioned in Section 31-2-115 who, after being duly commanded to disperse as provided in Section 31-2-115, wilfully and intentionally fails to […]
