Section 31-2-92


Published: 2015

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Section 31-2-92

Section 31-2-92Courts-martial for members of National Guard - Kinds, jurisdiction, powers, procedure, etc.; limitations on institution of courts-martial.

REPEALED IN THE 2012 REGULAR SESSION BY ACT 2012-334 EFFECTIVE MAY 10, 2012, AND ADOPTION OF CERTAIN IMPLEMENTING GUIDELINES.



Courts-martial for organizations of the National Guard not in the service of the United States shall be of three kinds: General courts-martial, special courts-martial, and summary courts-martial. They shall be constituted like, have cognizance of the same subjects and possess like powers, except as to punishments, as similar courts provided for by the Uniform Code of Military Justice, and the proceedings of courts-martial of the National Guard shall follow the forms and modes of procedure prescribed for like courts organized under the Uniform Code of Military Justice. Institution of any courts-martial may be begun subsequent to the expiration of the duty assignment during which the offense or offenses made the basis of the courts-martial occurred, and may be carried out in all respects as if the duty assignment were continuing during the pendency of the proceedings.



It is further provided that the limitation on prosecution provided for by Sections 15-3-1 through 15-3-8, shall apply to the institution of courts-martial as herein prescribed.

(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §121; Acts 1973, No. 1038, p. 1572, §93; Acts 1980, No. 80-804, p. 1636.)