Section 32.1002 – Definitions.
32.1002 Definitions. Sec. 2. As used in this act: (a) “Accuser” means a person who signs and swears to charges, a person who directs that charges be signed and sworn to by another, or a person who has an interest other than an official interest in the prosecution of the accused. (b) “Active service” means […]
Section 32.1003 – Applicability; Convening and Holding Courts-Martial and Courts of Inquiry Out of State; Offenses Committed Out of State; Trial and Punishment.
32.1003 Applicability; convening and holding courts-martial and courts of inquiry out of state; offenses committed out of state; trial and punishment. Sec. 3. (1) This code applies to all members of the state military forces when not in federal service, and to all other persons lawfully called, ordered, drafted, transferred or inducted into, or ordered […]
Section 32.1004 – Relieving Person From Trial by Court-Martial; Limitation; Trial by Court-Martial of Person Charged With Fraudulently Obtaining Discharge; Effect of Conviction.
32.1004 Relieving person from trial by court-martial; limitation; trial by court-martial of person charged with fraudulently obtaining discharge; effect of conviction. Sec. 4. (1) Subject to the limitation of actions under section 43, a person who is subject to this code and charged with an offense under this code is not relieved from a trial […]
Section 32.1005 – Application by Dismissed Officer for Trial by Court-Martial; Convening General Court-Martial; Jurisdiction; Waiver of Right to Plead Statute of Limitations; Affirming Dismissal; Substituting Discharge Authorized for Administrative Issuance; Reappointment of Officer.
32.1005 Application by dismissed officer for trial by court-martial; convening general court-martial; jurisdiction; waiver of right to plead statute of limitations; affirming dismissal; substituting discharge authorized for administrative issuance; reappointment of officer. Sec. 5. (1) If an officer, dismissed by order of the governor by reason of an alleged violation of this code, makes written […]
Section 32.1006 – State Judge Advocate General and Assistants or Legal Officers; Appointment; Eligibility; Inspections; Communications; Person Acting in Court-Martial Case Prohibited From Acting as Staff Judge Advocate or Legal Officer To, or as a Member Of, Reviewing Authority or Military Appeals Tribunal on Same Case.
32.1006 State judge advocate general and assistants or legal officers; appointment; eligibility; inspections; communications; person acting in court-martial case prohibited from acting as staff judge advocate or legal officer to, or as a member of, reviewing authority or military appeals tribunal on same case. Sec. 6. (1) The governor, on the recommendation of the adjutant […]
Section 32.1007 – Persons Authorized to Apprehend Persons Subject to Code; Fees or Charges.
32.1007 Persons authorized to apprehend persons subject to code; fees or charges. Sec. 7. (1) A person authorized under the rules issued pursuant to this code to apprehend a person subject to this code, a marshal of a court-martial appointed pursuant to this code, or a law enforcement officer of this state or a political […]
Section 32.1008 – Apprehension of Person Charged With Violation by Civil Law Enforcement Officer.
32.1008 Apprehension of person charged with violation by civil law enforcement officer. Sec. 8. A civil law enforcement officer of this state may apprehend a person charged with the violation of section 85 and deliver the person into the custody of the state military forces. History: 1980, Act 523, Eff. Mar. 31, 1981 ;– Am. […]
Section 32.1009 – “Arrest” Defined; Arrest by Military Superior; Probable Cause; Authority to Secure Custody of Alleged Offender Not Limited.
32.1009 “Arrest” defined; arrest by military superior; probable cause; authority to secure custody of alleged offender not limited. Sec. 9. (1) As used in this section, “arrest” means the restraint of a person by an order not imposed as a punishment for an offense, directing the person to remain within certain specified limits. (2) An […]
Section 32.1010 – Arrest or Confinement; Warrant of Arrest; Service; Place of Confinement.
32.1010 Arrest or confinement; warrant of arrest; service; place of confinement. Sec. 10. (1) A person subject to this code and charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. If the person is charged only with an offense normally tried by a summary court-martial, the […]
Section 32.1011 – Refusal to Receive or Keep Prisoner Committed; Statement; Report to Commanding Officer of Prisoner; Taking Prisoner From Pretrial Custody of Person Other Than State Military Forces; Informing Prisoner of Charges and Right to Counsel.
32.1011 Refusal to receive or keep prisoner committed; statement; report to commanding officer of prisoner; taking prisoner from pretrial custody of person other than state military forces; informing prisoner of charges and right to counsel. Sec. 11. (1) A provost marshal, commander of a guard, warden, keeper, or officer of a place of confinement described […]