Effective – 28 Aug 1986 40.005. Definitions — law applicable to all state military forces not in federal service. — 1. As used in sections 40.005 to 40.490, unless the context clearly otherwise requires: (1) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and […]
Effective – 28 Aug 1984 40.007. Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court. — 1. Each person subject to sections 40.005 to 40.490 discharged from the state military forces who is later charged with having fraudulently obtained a discharge shall be subject to section 40.141, […]
Effective – 28 Aug 1984 40.010. Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when. — 1. Any commissioned officer subject to sections 40.005 to 40.490, dismissed by order of the governor, may make a written application for trial […]
Effective – 28 Aug 1984 40.015. Jurisdiction of military courts. — 1. Sections 40.005 to 40.490 apply throughout this state. Such sections also apply to all persons otherwise subject to sections 40.005 to 40.490 while they are serving outside the state, and while they are going to and returning from such service outside the state, […]
Effective – 28 Aug 1984 40.017. State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions. — 1. The adjutant general shall appoint a judge advocate officer of the state military forces as state judge advocate. To be eligible for appointment, such officer shall have been a member of the Missouri Bar for […]
Effective – 28 Aug 1984 40.020. Apprehension defined — authority to apprehend, when. — 1. “Apprehension” is the taking of a person subject to sections 40.005 to 40.490 into custody. 2. Any person authorized by sections 40.005 to 40.490 or by regulations issued under those sections, to apprehend persons subject to sections 40.005 to 40.490, […]
Effective – 28 Aug 1984 40.023. Absent without leave, authority to apprehend — offender outside state, procedure. — Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia, or any military officer subject to sections 40.005 to […]
Effective – 28 Aug 1986 40.025. Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer. — 1. “Arrest” is 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. “Confinement” is the […]
Effective – 28 Aug 1984 40.030. Orders for arrest and confinement, when — certain offenses, confinement not required — defendant’s rights — power to issue warrants — bail, when. — 1. Any person subject to sections 40.005 to 40.490 charged with an offense under sections 40.005 to 40.490 may be ordered into arrest or confinement, […]
Effective – 28 Aug 1984 40.035. Confinement, where. — Persons confined other than in a military institution, whether before, during or after trial by a military court, shall be confined in municipal, county or state confinement facilities designated by the governor or by such person as the governor may authorize to act. ——– (L. 1984 […]
Effective – 28 Aug 1984 40.036. Jails and prisons required to keep prisoners, when — official’s duties. — 1. No provost marshal, commander of a guard, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under section 40.035 may refuse to receive or keep any prisoner […]
Effective – 28 Aug 1984 40.038. Confinement requirements — other punishment prohibited — exception. — Subject to section 40.180, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement […]
Effective – 28 Aug 1986 40.040. Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when. — 1. Under such regulations as may be prescribed under sections 40.005 to 40.490, a person subject to sections 40.005 to 40.490 who is on active state duty who […]
Effective – 12 Jun 1991 40.043. Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial. — 1. Under such regulations as the governor may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary […]
Effective – 28 Aug 1984 40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction. — 1. The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of: (a) A military judge and not less than twelve members; or (b) Only a military judge, if before the […]
Effective – 28 Aug 1986 40.055. General courts-martial, jurisdiction — punishment. — General courts-martial have jurisdiction to try persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments: (1) A fine of […]
Effective – 28 Aug 1986 40.060. Special courts-martial, jurisdiction — punishment — exceptions. — Special courts-martial shall have jurisdiction to try persons subject to sections 40.005 to 40.490, except commissioned officers for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the […]
Effective – 28 Aug 1986 40.065. Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. — 1. Summary courts-martial have jurisdiction to try enlisted persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor […]
Effective – 28 Aug 1984 40.070. Discharges or dismissals by courts-martial, requirements — governor’s approval required. — A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete written record of the proceedings and testimony before the court has been made, nor shall such sentence be […]
Effective – 28 Aug 1984 40.075. Sentence to confinement at one dollar a day instead of fine — limitations. — Subject to the limitations of sections 40.055 to 40.065, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine. ——– (L. […]
