Section 113 – Individual accused of offense against civilian — Sentences of military and civilian courts.
Effective 5/4/2022 39A-5-113. Individual accused of offense against civilian — Sentences of military and civilian courts. (1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for judicial proceedings. (2) (a) If an individual under […]
Section 114 – Charges and specifications — Contents — Notification of accused.
Effective 5/4/2022 39A-5-114. Charges and specifications — Contents — Notification of accused. (1) Charges and specifications shall be signed by a member subject to this chapter under oath before an individual authorized to administer oaths and shall state that: (a) the individual signing has personal knowledge of, or has investigated, the matters set forth in […]
Section 115 – Individual charged — Limits on evidence obtained from other individuals.
Effective 5/4/2022 39A-5-115. Individual charged — Limits on evidence obtained from other individuals. (1) An individual subject to this chapter may not: (a) compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual; (b) interrogate, or request any statement from an accused […]
Section 116 – Charges to be forwarded to governor or adjutant general.
Effective 5/4/2022 39A-5-116. Charges to be forwarded to governor or adjutant general. When an individual is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five working days, excluding holidays, after the accused is ordered into […]
Section 117 – Review of charge by SJA — Corrections to charges.
Effective 5/4/2022 39A-5-117. Review of charge by SJA — Corrections to charges. (1) (a) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice. (b) The convening authority may not refer a charge to a military court for trial unless […]
Section 118 – Service of charges on accused.
Effective 5/4/2022 39A-5-118. Service of charges on accused. (1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried. (2) An individual may not, against his or her objection, be brought to trial or be required to participate in […]
Section 119 – Chapter interpretation — Federal law governs.
Effective 5/4/2022 39A-5-119. Chapter interpretation — Federal law governs. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to Section 39A-3-102, apply […]
Section 201 – Military courts.
Effective 5/4/2022 39A-5-201. Military courts. This part sets the requirements and procedures for the conduct of military courts of the Utah National Guard. Enacted by Chapter 373, 2022 General Session
Section 202 – Composition — Convening authority — Responsibilities.
Effective 5/4/2022 39A-5-202. Composition — Convening authority — Responsibilities. (1) Within the National Guard while not in federal service, there is created a military court to hear matters designated under the Utah Code of Military Justice. (2) The governor or the adjutant general of the state is the convening authority for any military court in […]
Section 106 – Offenses against the state by individual not subject to chapter.
Effective 5/4/2022 39A-5-106. Offenses against the state by individual not subject to chapter. An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to produce any evidence which the individual […]