Section 103 – Rulemaking authority.
Effective 5/4/2022 39A-6-103. Rulemaking authority. The adjutant general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter. Renumbered and Amended by Chapter 373, 2022 General Session
Section 104 – Reopening default judgments.
Effective 5/4/2022 39A-6-104. Reopening default judgments. (1) A default judgment rendered in any civil action against a service member during a period of state military service or within 30 days after termination of the state military service may be set aside if: (a) it appears that the service member was prejudiced by reason of the […]
Section 105 – Stay of proceedings.
Effective 5/4/2022 39A-6-105. Stay of proceedings. (1) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by the service member’s state military service, the court may, on its own motion, stay the proceedings. […]
Section 106 – Fines and penalties on contracts.
Effective 5/4/2022 39A-6-106. Fines and penalties on contracts. (1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay. (2) If a service member has not obtained a stay and a fine […]
Section 107 – Exercise of rights not to affect future financial transactions.
Effective 5/4/2022 39A-6-107. Exercise of rights not to affect future financial transactions. Application by a service member in state military service for, or receipt of, a stay, postponement, or suspension under the provisions of this chapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used […]
Section 304 – Forfeiture of pay as sentence.
Effective 5/4/2022 39A-5-304. Forfeiture of pay as sentence. (1) When a lawful and approved sentence of a court includes a forfeiture of pay or allowances in addition to confinement that is not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by […]
Section 305 – Confinement as sentence — Penal institutions.
Effective 5/4/2022 39A-5-305. Confinement as sentence — Penal institutions. (1) A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any […]
Section 306 – Bad conduct discharge or dismissal — Approval by governor.
Effective 5/4/2022 39A-5-306. Bad conduct discharge or dismissal — Approval by governor. (1) A sentence imposing dismissal or bad conduct discharge against a member of the National Guard who is not in federal service may not be executed until it is approved by the governor. (2) A discharge or dismissal may not be imposed by […]
Section 101 – Utah Service Members’ Civil Relief Act — Definitions.
Effective 5/4/2022 39A-6-101. Utah Service Members’ Civil Relief Act — Definitions. As used in this chapter: (1) “Dependent” means the spouse and children of a service member or any other individual dependent upon the service member for support. (2) “Interest” includes service charges, renewal charges, fees, or any other charges in respect to any obligation […]
Section 233 – Probation violation — Hearing — Counsel — Execution of suspended sentence.
Effective 5/4/2022 39A-5-233. Probation violation — Hearing — Counsel — Execution of suspended sentence. (1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority. (2) (a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing […]