[Rev. 11/21/2013 11:29:48
AM--2013]
TITLE 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
CHAPTER 412 - STATE MILITIA
GENERAL PROVISIONS
NRS 412.012 Definitions.
NRS 412.014 “Office”
defined.
NRS 412.016 “Office
regulations” defined.
NRS 412.018 “Officer”
defined.
NRS 412.022 “Reservists”
defined.
NRS 412.024 “Volunteers”
defined.
COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS
NRS 412.026 Composition
of militia.
NRS 412.032 Powers
and duties of officers; administration of oaths.
NRS 412.034 Governor
as Commander in Chief; regulations.
NRS 412.036 Applicability
of custom and usage of United States Army and United States Air Force.
NRS 412.038 Service
of Nevada National Guard outside State.
ADJUTANT GENERAL
NRS 412.042 Military
staff of Governor.
NRS 412.044 Appointment;
term; qualifications; grade.
NRS 412.046 Restriction
on holding other office of profit.
NRS 412.048 Duties;
employees.
NRS 412.052 Additional
duties; seal.
NRS 412.054 Assistant
Adjutants General.
NRS 412.056 Acting
Adjutant General.
NRS 412.058 United
States Property and Fiscal Officer.
NRS 412.062 Attorney
General as military legal adviser.
OFFICE OF THE MILITARY
NRS 412.064 Establishment;
powers; duties.
NRS 412.066 Enumeration
of powers and duties not exclusive.
NRS 412.068 Adjutant
General as Director of Office.
NRS 412.072 Organization
of Office.
NRS 412.074 Army
and air technicians.
NRS 412.076 Status
of members of militia and employees on active duty.
NRS 412.082 Drawing
warrants.
NRS 412.084 Receipt
and disposition of certain federal money.
NRS 412.086 Deposits
in State General Fund and Permanent School Fund.
NRS 412.088 Promotion
of practice with rifle and pistol.
ARMORIES; PROPERTY
NRS 412.092 “Armory”
defined.
NRS 412.094 Control
of armory and property; regulations for armories.
NRS 412.096 Insurance
against loss and mysterious disappearance of equipment and supplies.
NRS 412.098 Armory
and arsenal: Duties of State Public Works Division of Department of
Administration.
NRS 412.102 Armory:
Provision; maintenance; incidental expenses.
NRS 412.103 Acceptance
by Adjutant General of equipment, supplies, arms, facilities and funding for
personnel support authorized and appropriated by federal law.
NRS 412.104 Reconveyance
of land to political subdivision.
NRS 412.106 Use
of armory.
NRS 412.108 Lease
or agreement for use of armory.
NRS 412.109 Lease
or agreement for use of facility of Office.
ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS
NRS 412.112 Army
National Guard.
NRS 412.114 Air
National Guard.
NRS 412.116 Organization
and training; equality of treatment and opportunity.
NRS 412.117 Privacy
of members of opposite sexes.
NRS 412.118 Assemblies,
periodic training and other duties.
NRS 412.122 Governor
may order National Guard into active service of State and declare martial law;
procedure in absence of Governor from State.
NRS 412.123 Order
calling National Guard into active service directed to commanding officer.
NRS 412.124 Ordering
National Guard to active duty; pay and allowances.
LICENSED VOLUNTEERS; RESERVISTS
NRS 412.126 Voluntary
military organization: Licensing by Governor; muster roll; inspection; oaths of
members.
NRS 412.128 Ordering
reservists of Nevada National Guard or volunteer military organization into
active service; regulations.
NRS 412.134 Reservists
and volunteers on active duty: Period; applicability of laws and regulations;
pay and allowances; uniforms.
NRS 412.136 Deserters.
RIGHTS AND PRIVILEGES OF MEMBERS
NRS 412.138 Use
of National Guard as labor force; pay and allowances.
NRS 412.139 Unlawful
termination of employment of member of National Guard because of training,
active service or duty, or other required meetings; penalty.
NRS 412.1393 Unlawful
termination of employment: Hearing.
NRS 412.1395 Unlawful
termination of employment: Reinstatement; wages and benefits.
NRS 412.142 Industrial
insurance; compensation; exceptions.
NRS 412.143 Educational
benefits.
NRS 412.1435 Patriot
Relief Account: Creation; sources; uses; duties of Adjutant General.
NRS 412.144 Credit
for active federal service.
NRS 412.146 Eligibility
to state office of federally paid members of militia.
NRS 412.152 Privileged
reports and communications; defending member in legal proceedings.
NRS 412.153 Personal
information: Confidentiality.
NRS 412.154 Civil
and criminal liability; counsel; costs; security for costs; exemption from
certain process, summons and notice.
HONORS, AWARDS AND DECORATIONS
NRS 412.1555 Nevada
War on Terrorism Medal: Creation; award; duties of Office.
COMMISSIONED AND WARRANT OFFICERS
NRS 412.156 Appointment
and promotion of commissioned officer; honorary commission.
NRS 412.158 Applicability
of chapter to warrant officers.
NRS 412.162 Nevada
Military Academy: Creation; composition.
NRS 412.164 Qualifications.
NRS 412.166 Oath.
NRS 412.168 Assignment
and transfer; residence.
NRS 412.172 Resignation;
conditional release.
NRS 412.174 Absence
without leave considered resignation.
NRS 412.176 Efficiency
and medical examining boards; appointment.
NRS 412.178 Efficiency
and medical examining boards: Procedure; powers.
NRS 412.182 Responsibility
for public property.
NRS 412.184 Allowances
for uniform and equipment. [Repealed.]
NRS 412.186 Nevada
National Guard Association.
ENLISTED PERSONNEL
NRS 412.188 Enlistment,
period of service, oath, transfer and discharge; extension of enlistment.
NRS 412.192 Noncommissioned
officers.
NRS 412.194 Absence
without leave: Discharge.
NRS 412.1945 Nevada
Enlisted Association of the National Guard of the United States.
NEVADA CODE OF MILITARY JUSTICE
General Provisions
NRS 412.196 Short
title.
NRS 412.198 Definitions.
NRS 412.202 “Accuser”
defined.
NRS 412.204 “Active
state duty” defined.
NRS 412.206 “Apprehension”
defined.
NRS 412.208 “Arrest”
defined.
NRS 412.212 “Code”
defined.
NRS 412.214 “Commanding
officer” defined.
NRS 412.216 “Commissioned
officer” defined.
NRS 412.218 “Confinement”
defined.
NRS 412.222 “Convening
authority” defined.
NRS 412.224 “Enlisted
member” defined.
NRS 412.226 “Grade”
defined.
NRS 412.232 “Legal
officer” defined.
NRS 412.234 “May”
defined.
NRS 412.236 “Military”
defined.
NRS 412.238 “Military
court” defined.
NRS 412.239 “Military
judge” defined.
NRS 412.242 “Nevada
National Guard” defined.
NRS 412.243 “Nonjudicial
punishment” defined.
NRS 412.2435 “Principal
assistant” defined.
NRS 412.244 “Rank”
defined.
NRS 412.2445 “Restraint-of-freedom
punishments” defined.
NRS 412.2455 “Senior
force judge advocate” defined.
NRS 412.246 “Shall”
defined.
NRS 412.247 “Staff
judge advocate” defined.
NRS 412.248 “State
Judge Advocate” defined.
NRS 412.249 “State
military forces” defined.
NRS 412.252 “Superior
commissioned officer” defined.
NRS 412.253 Duties
of principal assistant.
NRS 412.254 Applicability.
NRS 412.2545 Jurisdiction
over member of state military forces and persons in custody of state military
forces.
NRS 412.256 Jurisdiction
over certain offenses and to try certain personnel.
NRS 412.258 Application
for court-martial by dismissed commissioned officer; discharge substituted for
dismissal; reappointment.
NRS 412.262 Territorial
applicability of Nevada Code of Military Justice.
NRS 412.263 Failure
to comply with procedural provision of Code does not invalidate punishment
imposed unless servicemen or servicewomen materially prejudiced by error.
NRS 412.264 Judge
advocates and legal officers.
NRS 412.2645 Person
may not be tried or punished while incompetent.
Apprehension and Restraint
NRS 412.266 Apprehension
by authorized persons; quelling disorder.
NRS 412.267 Arrest
of member failing or refusing to report to place of duty; bail.
NRS 412.2675 Warrant
of arrest: Form; fees and mileage for service.
NRS 412.268 Apprehension
of deserter.
NRS 412.272 Order
of apprehension, arrest or confinement.
NRS 412.274 Restraint
of person charged with offense; notice of charges; summary disposition.
NRS 412.276 Place
of confinement.
NRS 412.277 Limitations
on confinement.
NRS 412.278 Receipt
of prisoner; report.
NRS 412.282 Certain
punishments prohibited before trial; labor pending trial.
NRS 412.284 Delivery
of offender to civil authority; return to military authority.
Nonjudicial Punishment
NRS 412.286 Limitations
on powers of commanding officer concerning nonjudicial punishment; delegation
of powers.
NRS 412.287 Duty
of commanding officer to maintain good order and discipline; authorization to
pursue punitive measures; considerations when determining appropriate method of
punishment.
NRS 412.2875 Imposition
of nonjudicial punishment: Duty of commanding officer; imposition not bar to
court-martial or other legal proceeding.
NRS 412.2877 Authority
of commanding officer to impose nonjudicial punishment; limitations on
delegation of such authority; withholding of authority by commanding officer
from subordinate commanding officer.
NRS 412.2879 Right
of accused to demand trial by court-martial; limitations.
NRS 412.288 Imposition
and enforcement of disciplinary punishment without court-martial.
NRS 412.292 Powers
of officer in charge to impose punishment. [Repealed]
NRS 412.2925 Use
of summarized proceeding if commanding officer determines punishment will not
include restraint-of-freedom punishments; notice to accused; accused not
entitled to counsel; scheduling of hearing.
NRS 412.293 Use
of formal proceeding if commanding officer determines punishment will include
restraint-of-freedom punishments; notice to accused; accused entitled to
counsel; commanding officer not bound by formal rules of evidence.
NRS 412.2935 Announcement
of results of punishment.
NRS 412.294 Suspension,
remission or mitigation of punishment.
NRS 412.296 Appeal
to superior authority.
NRS 412.298 Disciplinary
punishment not bar to court-martial.
NRS 412.302 Records
of nonjudicial punishment.
Jurisdiction of Courts-Martial
NRS 412.304 Courts-martial
of Nevada National Guard not in federal service; composition.
NRS 412.306 Jurisdiction
of courts-martial of each force.
NRS 412.307 Jurisdiction
of courts-martial of each component and branch of state military forces.
NRS 412.308 General
court-martial.
NRS 412.312 Special
court-martial.
NRS 412.314 Summary
court-martial.
NRS 412.316 Sentence
of dismissal or dishonorable discharge must be approved by Governor.
NRS 412.318 When
complete record of proceedings and testimony required.
NRS 412.322 Authorized
sentence of general or special court-martial after declaration of war and
before jurisdiction of United States Code of Military Justice.
Convening and Composition of Courts-Martial
NRS 412.324 Convening
general court-martial.
NRS 412.326 Convening
special court-martial.
NRS 412.328 Convening
summary court-martial.
NRS 412.332 Who
may serve on courts-martial.
NRS 412.334 Military
judge of general or special court-martial.
NRS 412.3345 Military
judge: Qualifications.
NRS 412.336 Trial
counsel and defense counsel.
NRS 412.338 Court
reporter and interpreter.
NRS 412.342 Absence
or excusal of member of court-martial; additional members; effect of absence on
trial.
Pretrial Procedure
NRS 412.344 Charges
and specifications.
NRS 412.346 Compulsory
self-incrimination and immaterial and degrading evidence prohibited; accused
must be informed of his or her rights.
NRS 412.348 Investigation:
Procedure; rights of accused; uncharged offenses.
NRS 412.352 Forwarding
of charges.
NRS 412.354 Advice
of State Judge Advocate; reference for trial; formal correction of charges.
NRS 412.356 Service
of charges.
Trial Procedure
NRS 412.358 Procedural
regulations.
NRS 412.362 Unlawfully
influencing action of court.
NRS 412.364 Duties
of trial counsel and defense counsel.
NRS 412.366 Presence
of members and parties at proceedings.
NRS 412.368 Continuance.
NRS 412.372 Challenges
of military judge and members.
NRS 412.374 Oaths.
NRS 412.376 Statute
of limitations; computation and suspension of period of limitation.
NRS 412.378 Double
jeopardy.
NRS 412.382 Pleas
of accused; effect of plea of guilty.
NRS 412.384 Obtaining
witnesses and evidence: Procedure; service of process.
NRS 412.386 Refusal
to appear or testify.
NRS 412.388 Contempt;
penalty.
NRS 412.392 Deposition.
NRS 412.394 Admissibility
of records of courts of inquiry.
NRS 412.3945 Affirmative
defense of lack of mental responsibility: Limitations; burden of proof;
instructions to members of court.
NRS 412.396 Voting;
instructions; findings.
NRS 412.398 Number
of votes required.
NRS 412.402 Court
to announce action.
NRS 412.404 Record
of trial.
Sentences
NRS 412.406 Cruel
and unusual punishments prohibited.
NRS 412.408 Punishments
limited.
NRS 412.412 Effective
date of sentence.
NRS 412.414 Execution
of confinement.
NRS 412.4145 Deferment
of service of sentence of confinement.
NRS 412.4155 Forfeiture
of pay and allowances during period of confinement or parole; waiver.
NRS 412.4157 Person
sentenced by court-martial may be required to take leave under certain
circumstances.
NRS 412.416 Reduction
in enlisted grade upon approval.
Review of Courts-Martial
NRS 412.418 Approval
and execution or suspension of sentence.
NRS 412.422 Reporting
of findings and sentence to convening authority; submission of matters for
consideration by accused; modification of findings and sentence by convening
authority; action on sentence; proceeding in revision or rehearing; initial
review by convening authority; review of record and opinion by State Judge
Advocate.
NRS 412.423 Withdrawal
by accused of appeal or right to appeal.
NRS 412.424 Reconsideration
and revision of court’s ruling.
NRS 412.426 Rehearing:
Members of court; conditions.
NRS 412.428 Approval
by convening authority.
NRS 412.431 Review
by senior force judge advocate upon finding of guilt in general and special
court-martial cases; record of case sent for action to Adjutant General;
authority of Adjutant General; authority of senior force judge advocate to send
record of case to Governor for review and action; review by senior force judge
advocate upon finding of not guilty.
NRS 412.432 Review
of records; disposition.
NRS 412.433 Representation
of government and accused upon appeal.
NRS 412.434 Error
of law; lesser included offense.
NRS 412.436 Counsel
for accused at review.
NRS 412.437 Procedure
applicable to appeal from decision of court-martial.
NRS 412.4375 Appeals
by State.
NRS 412.438 Vacation
of suspension of sentence.
NRS 412.442 Petition
for new trial.
NRS 412.444 Remission
and suspension of sentence; substitution of administrative discharge.
NRS 412.446 Restoration
of rights; substitution of discharge; reappointment.
NRS 412.448 Finality
of proceedings, findings and sentence.
NRS 412.4485 Provisions
applicable to person determined to be incompetent; notification of convening
authority upon determination that person no longer incompetent; convening
authority to take custody of person no longer incompetent; exceptions.
NRS 412.449 Person
found not guilty by reason of lack of mental responsibility: Commitment to
facility; hearing on mental condition of person; commitment upon finding of
mental illness.
NRS 412.4495 Rights
of person whose mental condition is subject of hearing.
Punitive Provisions
NRS 412.452 Trial
or punishment for offense committed while on duty.
NRS 412.454 Principal.
NRS 412.456 Accessory
after fact.
NRS 412.458 Conviction
of lesser included offense.
NRS 412.462 Attempt.
NRS 412.464 Conspiracy.
NRS 412.466 Solicitation.
NRS 412.468 Fraudulent
enlistment, appointment or separation.
NRS 412.472 Unlawful
enlistment, appointment or separation.
NRS 412.474 Desertion.
NRS 412.476 Absence
without leave.
NRS 412.478 Failure
to make required move.
NRS 412.482 Contempt
toward public officer.
NRS 412.484 Disrespect
toward superior commissioned officer.
NRS 412.486 Assaulting
or willfully disobeying superior commissioned officer.
NRS 412.488 Insubordinate
conduct toward warrant officer or noncommissioned officer.
NRS 412.492 Failure
to obey order or regulation.
NRS 412.494 Cruelty
and maltreatment.
NRS 412.496 Mutiny
or sedition.
NRS 412.498 Resisting
arrest; escape.
NRS 412.502 Releasing
prisoner without proper authority.
NRS 412.504 Unlawful
detention.
NRS 412.506 Noncompliance
with procedural rules.
NRS 412.508 Misbehavior
before enemy.
NRS 412.512 Subordinate
compelling surrender.
NRS 412.514 Improper
use of countersign.
NRS 412.516 Forcing
safeguard.
NRS 412.518 Improper
use of captured or abandoned property.
NRS 412.522 Aiding
enemy.
NRS 412.524 Misconduct
as prisoner.
NRS 412.5245 Spying.
NRS 412.5255 Communication,
delivery or transmittal of object or information to foreign government or
entity.
NRS 412.526 Making
false official statement.
NRS 412.528 Loss,
damage, destruction or wrongful disposition of military property.
NRS 412.532 Waste,
spoilage or destruction of property other than military.
NRS 412.534 Improper
hazarding of vessel.
NRS 412.536 Drunken
or reckless driving.
NRS 412.538 Drunk
on duty; sleeping on post; leaving post before relief.
NRS 412.5385 Use,
possession, manufacture, distribution, importation or exportation of illegal or
controlled substances.
NRS 412.542 Dueling.
NRS 412.544 Malingering.
NRS 412.546 Riot
or breach of peace.
NRS 412.548 Provoking
words or gestures.
NRS 412.5485 Sexual
assault and sexual misconduct.
NRS 412.549 Stalking.
NRS 412.5495 Larceny
and wrongful appropriation.
NRS 412.5505 Extortion.
NRS 412.5515 Assault
and aggravated assault.
NRS 412.552 Stealing
goods of less than $100 value.
NRS 412.554 Perjury.
NRS 412.556 Fraud
against the government.
NRS 412.558 Conduct
unbecoming an officer.
NRS 412.562 Disorder
and neglect prejudicing good order and discipline; jurisdiction of certain
crimes reserved to civil court.
Miscellaneous Provisions
NRS 412.564 Court
of inquiry.
NRS 412.5645 Administration
of oaths.
NRS 412.566 Explanation
of certain sections; availability of Code and regulation.
NRS 412.568 Complaint
against commanding officer.
NRS 412.572 Redress
of injuries to property.
NRS 412.574 Process
of military courts.
NRS 412.576 Payment
and disposition of fine.
NRS 412.578 Immunity
for action of military courts.
NRS 412.582 Presumption
of jurisdiction.
NRS 412.583 Uniformity
of construction.
NRS 412.5835 Severability.
NRS 412.584 Delegation
of authority by Governor; exceptions.
UNLAWFUL ACTS AND PENALTIES
NRS 412.588 Repossession
of military property by State; penalty for failure to deliver or resistance to
repossession.
NRS 412.592 Unlawful
transfer of military property.
NRS 412.594 Unlawful
wearing of uniform or insigne.
NRS 412.596 Wearing
of uniform without authority; penalty.
NRS 412.598 Arrest
of trespasser or disturber; penalty for certain sales and gambling.
NRS 412.602 Right-of-way
on public street and highway; penalty for interference.
NRS 412.604 Unlawful
drill or parade with arms by voluntary company or voluntary organization without
license; drill or parade by students with consent of Governor; penalty.
NRS 412.606 Discrimination
against member of National Guard; penalty.
_________
GENERAL PROVISIONS
NRS 412.012 Definitions. As
used in this chapter, the words and terms defined in NRS
412.014 to 412.024, inclusive, shall, unless
the context otherwise requires, have the meaning ascribed to them in such
sections.
(Added to NRS by 1967, 1292)
NRS 412.014 “Office” defined. “Office”
means the Office of the Military, including, without limitation, the Nevada
Army National Guard and the Nevada Air National Guard.
(Added to NRS by 1967, 1292; A 1993, 1598; 2013, 1107)
NRS 412.016 “Office regulations” defined. “Office
regulations” means regulations issued by the Governor and regulations adopted
by the Office of the Military subject to the approval of the Governor.
(Added to NRS by 1967, 1292; A 1993, 1598)
NRS 412.018 “Officer” defined. “Officer”
means commissioned or warrant officer.
(Added to NRS by 1967, 1292)
NRS 412.022 “Reservists” defined. “Reservists”
means members of the reservists of the Nevada National Guard that are licensed
by the Governor or by his or her designee.
(Added to NRS by 1967, 1292; A 2013, 1107)
NRS 412.024 “Volunteers” defined. “Volunteers”
means members of volunteer military organizations licensed by the Governor.
(Added to NRS by 1967, 1292; A 2013, 1107)
COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS
NRS 412.026 Composition of militia.
1. The militia of the State is composed of
the Nevada National Guard and, when called into active service by the Governor,
reservists to the Nevada National Guard and any volunteer military
organizations licensed by the Governor.
2. The Nevada National Guard is an
organized body of enlisted personnel between the ages of 17 and 64 years and
commissioned officers between the ages of 18 and 64 years, divided into the
Nevada Army National Guard and the Nevada Air National Guard.
3. If a volunteer military organization is
formed and becomes licensed by the Governor, it shall consist of an organized
body of able-bodied residents of the State between the ages of 17 and 64 years
who are not serving in any force of the Nevada National Guard and who are or
who have declared their intention to become citizens of the United States.
(Added to NRS by 1967, 1292; A 1975, 798; 1999, 6; 2013, 1107)
NRS 412.032 Powers and duties of officers; administration of oaths. In addition to the powers and duties
prescribed in this chapter, all officers of the Nevada National Guard have the
same powers and shall perform the same duties as officers of similar rank and
position in the United States Army or United States Air Force, respectively,
insofar as may be authorized by federal law. They are authorized to administer
oaths in all matters connected with the service.
(Added to NRS by 1967, 1293)
NRS 412.034 Governor as Commander in Chief; regulations. The Governor is the Commander in Chief of the
militia of the State, and may issue regulations for the government of the
militia. In issuing the regulations, the Governor may give consideration to the
laws and regulations of the United States relating to the organization,
discipline and training of the militia, to the provisions of this chapter and
to the laws and regulations governing the United States Army and United States
Air Force.
(Added to NRS by 1967, 1293; A 1985, 753)
NRS 412.036 Applicability of custom and usage of United States Army and
United States Air Force. All
matters relating to the organization, discipline and government of the Nevada
National Guard not otherwise provided for in this chapter or in Office regulations
must be decided by the custom and usage of the United States Army or United
States Air Force, respectively.
(Added to NRS by 1967, 1293; A 1993, 1599)
NRS 412.038 Service of Nevada National Guard outside State.
1. The Governor may order the Nevada
National Guard or any part thereof to serve outside the borders of this state
or of the United States in order to perform military duty of every description
and to participate in parades, reviews, conferences, encampments, maneuvers or
other training, and to participate in small arms and other military
competitions and to attend service schools.
2. The provisions of this chapter apply to
the members of the Nevada National Guard while serving without the State and
while going to and returning from such service without the State in like manner
and to the same extent as while serving within the State.
(Added to NRS by 1967, 1293)
ADJUTANT GENERAL
NRS 412.042 Military staff of Governor.
1. The military staff of the Governor
consists of the Adjutant General, not more than two assistant adjutants general
and personal aides-de-camp to the Governor selected from the commissioned
officers of the Nevada National Guard or from reserve officers of the Armed
Forces of the United States who are residents of Nevada and who are not serving
on extended active duty.
2. Officers detailed as personal
aides-de-camp under this section shall not be relieved from their ordinary duties
except when actually on duty with the Governor.
3. The military staff of the Governor
shall perform such ceremonial functions and duties as the Governor may
prescribe.
(Added to NRS by 1967, 1293)
NRS 412.044 Appointment; term; qualifications; grade.
1. The Governor shall appoint an Adjutant
General who shall hold office for a 4-year term or until relieved by reason of
resignation, withdrawal of federal recognition or for cause to be determined by
a court-martial. The current term of an Adjutant General shall continue until
its prescribed expiration date while such Adjutant General is serving in a
federal active duty status under an order or call by the President of the
United States.
2. To be eligible for appointment to the
office of Adjutant General, a person must be an officer of the Nevada National
Guard, federally recognized in the grade of lieutenant colonel or higher, and
must have completed at least 6 years of service in the Nevada National Guard as
a federally recognized officer.
3. The Adjutant General may be appointed
in the grade of lieutenant colonel or higher, but not exceeding that of major
general. If appointed in a lower grade, the Adjutant General may be promoted by
the Governor to any grade not exceeding that of major general.
(Added to NRS by 1967, 1294; A 2001, 945; 2013, 1107)
NRS 412.046 Restriction on holding other office of profit. Except as otherwise provided in NRS 284.143, the Adjutant General shall
not hold any city, county, state or federal office of profit while serving as
Adjutant General.
(Added to NRS by 1967, 1294; A 1971, 1435; 1975, 346;
1981, 1279; 1985,
420; 1997,
618)
NRS 412.048 Duties; employees. The
Adjutant General shall serve as the Chief of Staff to the Governor, the
Director of the Office of the Military and the Commander of the Nevada National
Guard, and:
1. Is responsible, under the direction of
the Governor, for the supervision of all matters pertaining to the
administration, discipline, mobilization, organization and training of the
Nevada National Guard, reservists of the Nevada National Guard and volunteer
military organizations licensed by the Governor.
2. Shall perform all duties required of
him or her by the laws of the United States and of the State of Nevada, and the
regulations issued thereunder.
3. Shall employ such deputies, assistants
and other personnel as he or she deems necessary to assist in the performance
of those duties required of the Adjutant General as Director of the Office. The
Adjutant General may so employ either members of the Nevada National Guard or
civilian personnel. The duties of all deputies, assistants and other personnel
appointed must be prescribed by Office regulations. All such employees are in
the unclassified service of the State except civilian, clerical,
administrative, maintenance and custodial employees who are in the classified
service of the State.
(Added to NRS by 1967, 1294; A 1985, 421, 754; 1993, 1599; 2013, 1108)
NRS 412.052 Additional duties; seal. The
Adjutant General:
1. Shall supervise the preparation and
submission of all returns and reports pertaining to the militia of the State
required by the United States.
2. Is the channel of official military
correspondence with the Governor, and, on or before November 1 of each
even-numbered year, shall report to the Governor the transactions, expenditures
and condition of the Nevada National Guard. The report must include the report
of the United States Property and Fiscal Officer.
3. Is the custodian of records of officers
and enlisted personnel and all other records and papers required by law or
regulations to be filed in the office of the Adjutant General. The Adjutant
General may deposit with the Division of State Library and Archives of the
Department of Administration for safekeeping records of the office that are
used for historical purposes rather than the administrative purposes assigned
to the office by law.
4. Shall attest all military commissions
issued and keep a roll of all commissioned officers, with dates of commission
and all changes occurring in the commissioned forces.
5. Shall record, authenticate and
communicate to units and members of the militia all orders, instructions and
regulations.
6. Shall cause to be procured, printed and
circulated to those concerned all books, blank forms, laws, regulations or
other publications governing the militia necessary to the proper
administration, operation and training of it or to carry out the provisions of
this chapter.
7. Shall keep an appropriate seal of
office and affix its impression to all certificates of record issued from his
or her office.
8. Shall render such professional aid and
assistance and perform such military duties, not otherwise assigned, as may be
ordered by the Governor.
(Added to NRS by 1967, 1295; A 1971, 806; 1973, 346;
1975, 799; 1979, 182; 1983, 1304; 1985, 126, 754; 1993, 1599; 2001, 940; 2011, 2984)
NRS 412.054 Assistant Adjutants General.
1. The Adjutant General may appoint two
Assistant Adjutants General, one each from the Nevada Army National Guard and
the Nevada Air National Guard, who may serve as Chief of Staff for Army and
Chief of Staff for Air, respectively, at the pleasure of the Adjutant General
or until relieved by reason of resignation, withdrawal of federal recognition
or for cause to be determined by a court-martial.
2. To be eligible for appointment to the
office of Assistant Adjutant General, a person must be an officer of the Nevada
National Guard, federally recognized in the grade of lieutenant colonel or
higher, and must have completed at least 6 years of service in the Nevada
National Guard as a federally recognized officer.
3. An Assistant Adjutant General may be
appointed in the grade of lieutenant colonel or higher, but not exceeding that
of brigadier general. An Assistant Adjutant General may be promoted by the
Governor to any grade not exceeding that of brigadier general.
4. The Assistant Adjutants General shall
perform such duties as may be assigned by the Adjutant General.
5. Whoever serves as Chief of Staff for
Army is in the unclassified service of the State and, except as otherwise
provided in NRS 284.143, shall not hold
any other city, county, state or federal office of profit.
6. In the event of the absence or
inability of the Adjutant General to perform his or her duties, the Adjutant
General shall designate by Office regulations:
(a) One of the Assistant Adjutants General to
perform the duties of his or her office as Acting Adjutant General.
(b) If neither Assistant Adjutant General is
available, any national guard officer to be the Acting Adjutant General.
Ê The
designated Assistant Adjutant General or designated officer may continue to
receive his or her authorized salary while so serving as Acting Adjutant
General, and shall so serve until the Adjutant General is again able to perform
the duties of the office, or if the office is vacant, until an Adjutant General
is regularly appointed and qualified.
(Added to NRS by 1967, 1295; A 1971, 1436; 1981,
1279; 1989, 595;
1993, 1600;
1997, 618; 2013, 1108)
NRS 412.056 Acting Adjutant General.
1. If the federally recognized Nevada
National Guard, or any portion thereof, is called or ordered to active federal
duty by the President, and if such call or order includes the Adjutant General
and Assistant Adjutants General, the Governor may appoint an Acting Adjutant
General who shall assume the responsibilities and powers and perform all duties
required of the Adjutant General, and who must be selected from the federally
recognized officers not called or ordered to active duty and who meet the
qualifications established for the appointment of an Adjutant General, or if no
such officer is available, then from the following:
(a) Inactive or retired officers of the Nevada
National Guard.
(b) Army or Air Force officers who are inactive
or have retired and are residents of the State of Nevada.
2. If, on the occurrence of a vacancy in
the office of Adjutant General, there is no qualified and appointed Assistant
Adjutant General, the Governor may designate an Acting Adjutant General who
shall assume temporarily the responsibilities and powers and perform all duties
required of the Adjutant General until such time as an Adjutant General is
regularly appointed and qualified. An Acting Adjutant General designated under
this provision must have the same qualifications as are required for the
appointment of an Adjutant General.
3. The Acting Adjutant General serving
under the terms of this section must be compensated as determined by the
Governor, but the amount must not exceed that authorized for a regularly
appointed Adjutant General.
(Added to NRS by 1967, 1296; A 1989, 596)
NRS 412.058 United States Property and Fiscal Officer.
1. Upon recommendation of the Adjutant
General, the Governor shall recommend to the Chief of the National Guard Bureau
a qualified commissioned officer of the Nevada National Guard who is also a
commissioned officer of the Army National Guard of the United States or the Air
National Guard of the United States, as the case may be, for appointment as the
United States Property and Fiscal Officer for Nevada. If the officer is not on
active federal duty, the President may order him or her to active duty, with
his or her consent, to serve as a Property and Fiscal Officer as provided in 32
U.S.C. § 708. The United States Property and Fiscal Officer shall function
under the direction of the Adjutant General, and cooperate fully with National
Guard Regulations and Air National Guard Regulations and the regulations and
policies of the Departments of the Army and Air Force. The United States
Property and Fiscal Officer may serve until 60 years of age if otherwise
qualified.
2. As long as the position of the United
States Property and Fiscal Officer is covered by a position schedule bond
authorized by the United States Code, and bonding is automatic upon acceptance
of accountability for property, no further bonding action on the part of the
State or the person appointed is required.
(Added to NRS by 1967, 1296; A 1989, 698)
NRS 412.062 Attorney General as military legal adviser. The Attorney General, when so requested, shall
give the Adjutant General his or her opinion upon all legal questions
pertaining to the military interests of the State.
(Added to NRS by 1967, 1297)
OFFICE OF THE MILITARY
NRS 412.064 Establishment; powers; duties.
1. The Office of the Military is hereby
established. The Office, under the direction of the Governor, shall supervise
the military affairs of the State.
2. The Office shall adopt, subject to the
approval of the Governor, necessary regulations for the organization,
government, armament, equipment, training and compensation of the militia of
the State in conformity with the provisions of this chapter and the laws of the
United States.
3. The Office shall make such changes in
the military organization of the Nevada National Guard as are necessary from
time to time to conform to the requirements of the laws of the United States
and the directives of the National Guard Bureau.
4. The Office shall fix the location of
the units and headquarters of the Nevada National Guard, and shall, subject to
the approval of the National Guard Bureau, transfer, attach, consolidate or
inactivate any organization or unit when in its judgment the efficiency of the
present organization will be increased thereby.
5. The Office may establish and continue
awards and decorations and approve the design therefor, which must conform to
the requirements of the laws of the United States and the directives of the
National Guard Bureau.
(Added to NRS by 1967, 1297; A 1981, 673; 1983, 167; 1993, 1600)
NRS 412.066 Enumeration of powers and duties not exclusive. The enumeration of duties and functions in NRS 412.064 to 412.108,
inclusive, shall not be deemed exclusive nor construed as a limitation on the
powers and authorities vested in the Office by other provisions of law.
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS 412.068 Adjutant General as Director of Office.
1. The Office is under the supervision and
control of the Adjutant General, who shall also serve as Director of the
Office.
2. The Adjutant General is responsible for
the performance of the duties imposed upon the Office, and for such other
duties as may be prescribed by this chapter or by the Governor.
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS 412.072 Organization of Office. The
Adjutant General shall organize and reorganize the Office as necessary to the
accomplishment of its functions and duties. Such organization or reorganization
must be approved by the Governor before it is carried out.
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS 412.074 Army and air technicians. Army
and air technicians are by law federal employees and civilian employees of the
United States Army or the United States Air Force, as determined by their
service assignments. As federal employees, technicians are subject to all civil
service laws and Civil Service Commission and Department of Defense civilian
personnel rules and regulations, and to National Guard Bureau regulations.
(Added to NRS by 1967, 1298; A 1971, 139)
NRS 412.076 Status of members of militia and employees on active duty.
1. Members of the militia of the State who
are ordered to state active duty under the provisions of this chapter shall be
deemed to be temporary employees of the State for the purposes of subsection 9
of NRS 286.297.
2. Regular employees of the Office may be
ordered to state active duty under this chapter without jeopardizing their
status as regular employees. Employees so ordered must be in an authorized
leave status from their regular military office employment during the period
served on active duty.
(Added to NRS by 1967, 1298; A 1993, 1601; 2013, 1109)
NRS 412.082 Drawing warrants. Unless
otherwise specially provided in this chapter, the State Controller shall draw
warrants on the State Treasury for all authenticated bills of the Office as
approved by the Adjutant General or the person designated by the Adjutant
General, in favor of the persons to whom the State is indebted for military
purposes.
(Added to NRS by 1967, 1298; A 1993, 1601)
NRS 412.084 Receipt and disposition of certain federal money. The Adjutant General may accept, receive and
receipt for moneys made available from the Federal Government in connection
with any type service contracts for federal property used by the State. All
federal moneys received by the Adjutant General under this section shall be
deposited in the State Treasury.
(Added to NRS by 1967, 1298)
NRS 412.086 Deposits in State General Fund and Permanent School Fund. The moneys received by the Adjutant General
from fines imposed by courts-martial shall be deposited in the State Permanent
School Fund and moneys received from other miscellaneous sources shall be
deposited in the General Fund in the State Treasury.
(Added to NRS by 1967, 1298)
NRS 412.088 Promotion of practice with rifle and pistol.
1. The Office may adopt and provide
suitable medals, prizes or other awards for the promotion of rifle practice by
duly organized rifle clubs of the Nevada Firearms Coalition and organizations
and members of the Nevada National Guard when funds are available and
appropriated by the State or the Federal Government.
2. The Adjutant General shall encourage
and promote rifle and pistol practice by Nevada clubs affiliated with the
National Rifle Association of America, and select and appoint representatives
from those clubs to attend the annual national rifle and pistol matches. Not
more than $1,000 of the amount appropriated for the support of the Adjutant
General’s office may be used annually in the purchase of ammunition to be used
by such rifle clubs, which ammunition must be sold at cost plus transportation
charges.
(Added to NRS by 1967, 1298; A 1993, 1601; 2013, 1109)
ARMORIES; PROPERTY
NRS 412.092 “Armory” defined. The
word “armory” as used in NRS 412.092 to 412.109, inclusive, means any building, together with
the grounds upon which it is situated, used for the storage and maintenance of
military property or the training of troops, and in addition real property
acquired or held in contemplation of such use.
(Added to NRS by 1967, 1298; A 2011, 1382;
2013, 1469)
NRS 412.094 Control of armory and property; regulations for armories.
1. The Office has control of armories and
shall prescribe the regulations governing armories. All state and United States
property must, if possible, be kept in armories and the commanders of troops
using the armories are responsible for the safekeeping and proper care of such
property and its protection against damage, misappropriation or loss. Armories,
while occupied by troops, shall be deemed to be military posts under the
exclusive jurisdiction of the officer commanding the post.
2. Any property licensed or leased to the
State by the Federal Government for military use is under the control of the
Office.
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS 412.096 Insurance against loss and mysterious disappearance of equipment
and supplies. The Adjutant General
may, within the limits of money appropriated or authorized to be expended, for
the support of the Office, purchase insurance against loss or mysterious
disappearance of equipment or supplies.
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS 412.098 Armory and arsenal: Duties of State Public Works Division of
Department of Administration. The
construction, expansion, rehabilitation or conversion of armories and arsenals
in this State shall be accomplished by the State Public Works Division of the
Department of Administration, subject to the inspection and approval of the
Secretary of Defense, as prescribed by 10 U.S.C. § 18237 when federal funds
have been allocated to the State for such work.
(Added to NRS by 1967, 1299; A 1973, 908; 2013, 1469)
NRS 412.102 Armory: Provision; maintenance; incidental expenses.
1. The Office shall provide and maintain
armories suitable for conducting drills and the safekeeping of federal military
property, with light, water and heat, for the units of the Nevada National
Guard organized in the several counties of the State.
2. The expenses of procuring and
maintaining the armories, and the monthly allowance to cover incidental
expenses which may be incurred by each unit, may be paid from the appropriation
for the support of the Nevada National Guard or from other available money.
(Added to NRS by 1967, 1299; A 1985, 755; 1993, 1602; 2013, 1469)
NRS 412.103 Acceptance by Adjutant General of equipment, supplies, arms,
facilities and funding for personnel support authorized and appropriated by
federal law. The Adjutant General
may accept through the United States Property and Fiscal Officer for Nevada
such equipment, supplies, arms, facilities and funding for personnel support as
may be authorized and appropriated by federal law. All federal money received
by the Adjutant General under this section must be deposited in the State
Treasury.
(Added to NRS by 2013, 1468)
NRS 412.104 Reconveyance of land to political subdivision. The Office may reconvey to any municipal
corporation or other political subdivision of this state any lands that have
been or may be conveyed by such subdivision to the State of Nevada for the use
of the Nevada National Guard when the Office determines that such lands are no
longer necessary for the use of the Nevada National Guard.
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS 412.106 Use of armory. An
armory may be used by a member or unit of the Nevada National Guard, veterans’
organization, any federal, state or local governmental entity or any other
person, if the use:
1. Does not interfere with the use of the
facility by the Nevada National Guard;
2. Does not result in the risk of:
(a) A breach of the peace;
(b) Harm to persons; or
(c) Harm to state or federal property; and
3. Is in accordance with Office
regulations issued pursuant to this chapter.
(Added to NRS by 1967, 1299; A 1985, 755; 1989, 1103; 1993, 1602)
NRS 412.108 Lease or agreement for use of armory.
1. The person or governmental entity
applying for the rental of an armory or space within an armory must execute and
deliver a written agreement which must include among its provisions:
(a) The full name and address of the applicant;
(b) The purpose for which its use is desired;
(c) The nature and manner of the intended use of
the space;
(d) A reasonable rental, which may include a
security deposit, to be paid for that use; and
(e) The amounts to be paid for heating, lighting,
janitorial and other services connected with its use.
2. The terms and provisions of the
agreement must be governed by Office regulations issued pursuant to this
chapter, which regulations must include provisions designed to prevent unfair
competition with privately owned property and business.
3. No agreement for use made pursuant to
subsection 1 is effective until the agreement or lease has been approved and
executed by the officer in charge of the armory or the officer’s authorized
representative, and has been approved by his or her military superiors as
prescribed by Office regulations issued pursuant to this chapter.
4. No agreement or lease made pursuant to
subsection 1 may be assigned in whole or in part nor may space be sublet to or
used by a person or entity not a party to the agreement, unless each
assignment, subletting or use is first approved in writing by the officer in
charge of the armory or the officer’s authorized representative.
5. All money paid or given, directly or
indirectly, for the rental of an armory or to obtain an agreement or permission
to use the armory are use fees within the meaning of this section and must be
paid to the officer in charge of the armory or the officer’s authorized
representative. Any person other than the officer in charge of the armory or
the officer’s authorized representative who receives that money shall
immediately pay over the money to the officer in charge of the armory or the
officer’s authorized representative, who shall immediately forward the money to
the office of the Adjutant General to be placed in an account in the State
General Fund entitled the Adjutant General’s Special Armory Account, to be used
by the Office to:
(a) Make necessary repairs and improvements of state
armories;
(b) Construct new facilities;
(c) Fund military activities and affairs;
(d) Further relations with the community in which
the armory is located; and
(e) Further relations with the State.
6. The expenditures made pursuant to
subsection 5 must be made according to Office regulations and must be approved
by a board of three persons appointed by the Adjutant General.
7. When the use of an armory is by a
federal, state, county or municipal bureau, agency or department or by any of
the Armed Forces of the United States or any of the reserve components thereof,
or by any unit of the reserve officers training corps, the Adjutant General may
require the execution of a contract or agreement for that use, upon such terms
and conditions as he or she prescribes.
(Added to NRS by 1967, 1300; A 1973, 551; 1977, 2;
1981, 260; 1985,
756; 1991,
1768; 1993,
1603; 2013,
1469)
NRS 412.109 Lease or agreement for use of facility of Office.
1. Except as otherwise provided in NRS 412.108, the person or governmental entity
applying for the rental of any facility of the Office must execute and deliver
a written agreement which must include among its provisions:
(a) The full name and address of the applicant;
(b) The purpose for which its use is desired;
(c) The nature and manner of the intended use of
the space;
(d) A reasonable rental, which may include a
security deposit, to be paid for that use; and
(e) The amounts to be paid for heating, lighting,
janitorial and other services connected with its use.
2. The terms and provisions of the
agreement must be governed by Office regulations issued pursuant to this
chapter, which regulations must include provisions designed to prevent unfair
competition with privately owned property and business.
3. No agreement for use made pursuant to
subsection 1 is effective until the agreement or lease has been approved and
executed as prescribed by Office regulations issued pursuant to this chapter.
4. No agreement or lease made pursuant to
subsection 1 may be assigned in whole or in part nor may space be sublet to or
used by a person or entity not a party to the agreement, unless each
assignment, subletting or use is first approved in writing by the Office.
5. All money paid or given, directly or
indirectly, for the rental of a facility or to obtain an agreement or permission
to use the facility are use fees within the meaning of this section and must be
paid to the Office to be deposited in the State General Fund for credit to the
Office.
6. When the use of a facility is by a
federal, state, county or municipal bureau, agency or department or by any of
the Armed Forces of the United States or any of the reserve components thereof,
or by any unit of the reserve officers training corps, the Adjutant General may
require the execution of a contract or agreement for that use, upon such terms
and conditions as he or she prescribes.
(Added to NRS by 2011, 1382;
A 2013,
1470)
ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS
NRS 412.112 Army National Guard. The
ground force of the Nevada National Guard shall be the Nevada Army National
Guard and shall be composed of the army units which are a part of the Nevada
National Guard on July 1, 1967, and such units as may be authorized thereafter,
including the personnel who are enlisted, appointed or commissioned therein. No
person may be a member of the Nevada Army National Guard who is not federally
recognized as such.
(Added to NRS by 1967, 1301)
NRS 412.114 Air National Guard. The
air force of the Nevada National Guard shall be the Nevada Air National Guard
and shall be composed of the air force units which are a part of the Nevada
National Guard on July 1, 1967, and such units as may be authorized thereafter,
including the personnel who are enlisted, appointed or commissioned therein. No
person may be a member of the Nevada Air National Guard who is not federally
recognized as such.
(Added to NRS by 1967, 1301)
NRS 412.116 Organization and training; equality of treatment and
opportunity.
1. The forces of the Nevada National Guard
must be organized, armed, disciplined, governed, administered and trained as
prescribed by applicable federal laws and regulations and Office regulations.
2. It hereby is declared to be the policy
of the State that there must be an equality of treatment and opportunity for
all persons in the Nevada National Guard without regard to race, creed, color,
gender, sexual orientation or national origin.
3. As used in this section, “sexual
orientation” means having or being perceived as having an orientation for
heterosexuality, homosexuality or bisexuality.
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604; 2013, 1109)
NRS 412.117 Privacy of members of opposite sexes. The
Nevada National Guard shall provide for personal privacy as between members of
the opposite sexes.
(Added to NRS by 1979, 241)
NRS 412.118 Assemblies, periodic training and other duties. Members and units of the Nevada National Guard
shall assemble for training and shall participate in field training periods and
active duty for training periods, maneuvers, schools, conferences or other
similar duties at such times and places as are prescribed therefor by
applicable federal laws and regulations and Office regulations. In addition to
these periods, the commander of any organization may require the officers,
warrant officers and enlisted personnel of his or her command to meet for
ceremonies, parades or training at such times and places as he or she may
appoint.
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)
NRS 412.122 Governor may order National Guard into active service of State
and declare martial law; procedure in absence of Governor from State.
1. The Governor may in case of invasion,
disaster, insurrection, riot, breach of the peace, or imminent danger thereof,
or other substantial threat to life or property, order into active service of
the State for such a period, to such an extent and in such a manner as he or
she deems necessary all or any part of the Nevada National Guard. The authority
of the Governor includes the power to order the Nevada National Guard or any
part thereof to function under the operational control of the United States
Army, Navy or Air Force commander in charge of the defense of any area within
the State which is invaded or attacked or is or may be threatened with invasion
or attack.
2. In case of the absence of the Governor
from the State, or if it is impossible to communicate immediately with the
Governor, the civil officer making a requisition for troops may, if the civil
officer deems the necessity imminent and not admitting of delay, serve a copy
of the requisition, together with a statement of the Governor’s absence or the
impossibility of immediately communicating with the Governor, upon the
following officers in this order:
(a) Lieutenant Governor;
(b) Adjutant General; and
(c) Other officers designated in a chain of
command prescribed by Office regulations.
Ê If the call
is afterward disapproved by the Governor, the troops called into service must
be disbanded immediately.
3. The Governor may order into active
service of the State for such a period, to such an extent and in such a manner
as the Governor deems necessary units or individual members of the Nevada
National Guard when in his or her judgment the services of the units or members
are required for:
(a) The furtherance of the organization,
maintenance, discipline or training of the Nevada National Guard;
(b) The welfare of the public; or
(c) Ceremonial functions of the State Government.
4. Whenever any portion of the Nevada
National Guard is employed pursuant to subsection 1, the Governor, if in his or
her judgment the maintenance of law and order will thereby be promoted, may by
proclamation declare the county or city in which the troops are serving, or any
specified portion thereof, to be under martial law.
(Added to NRS by 1967, 1301; A 1981, 561; 1989, 401; 1993, 1604)
NRS 412.123 Order calling National Guard into active service directed to
commanding officer.
1. A call for any portion of the Nevada
National Guard shall be made by an order issued and directed to the commanding
officer of the unit which is so called into service. The order shall designate
the particular troops called, the time and place of rendezvous, and the officer
to whom they shall report.
2. The order shall be communicated
immediately by the officer receiving it to the troops under his or her command,
and the officer shall rendezvous and report for duty at the appointed place and
time.
(Added to NRS by 1967, 1303)—(Substituted in revision
for NRS 412.132)
NRS 412.124 Ordering National Guard to active duty; pay and allowances.
1. The Adjutant General, with the approval
of the Governor, may order members of the Nevada National Guard to active duty.
Members, while on active duty, are entitled to receive the pay and allowances
of their corresponding grades in the Armed Forces of the United States, but in
no case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard
serving on courts-martial, courts of inquiry, efficiency boards, medical boards
or other special duty requiring absence from their stations or business under
competent orders may receive the per diem allowance and travel expenses
provided for state officers and employees generally.
3. In lieu of other provisions of this
chapter, such amounts as are approved by the Governor may be paid to a medical
examiner for his or her services and necessary disbursements and to a properly
appointed judge advocate for legal services and necessary disbursements in any
suit, action or proceeding.
4. Members of the Nevada National Guard
may not receive from the State the pay or the pay and allowances provided by
this section when they are eligible for similar pay and allowances from federal
funds.
5. Members of the Nevada National Guard
may with their consent perform without pay or without pay and allowances in
parades or ceremonial events, or any of the types of military duty prescribed
in this chapter pursuant to orders issued by competent military authority.
Necessary traveling expenses, subsistence and per diem allowances may be
furnished the members within the discretion of the Adjutant General and within
the amount appropriated therefor.
6. All pay and allowances provided by this
chapter, except per diem allowances, mileage and expenses while traveling under
orders, are subject to be applied to the payment of penalties and fines imposed
by military courts, and to the payment of any shortage of funds or for injury
to state or federal property for which a member of the Nevada National Guard is
responsible or accountable where the responsibility has been fixed by competent
authority.
(Added to NRS by 1967, 1302; A 1975, 1107; 1981,
1199; 1985, 757;
2007, 603)
LICENSED VOLUNTEERS; RESERVISTS
NRS 412.126 Voluntary military organization: Licensing by Governor; muster
roll; inspection; oaths of members.
1. The Governor is authorized to issue
licenses to bodies of persons to organize, drill and bear arms as volunteer
military companies or volunteer military organizations.
2. Whenever any such body of persons
associate themselves as a volunteer military company or volunteer military
organization and drill with arms under the license of the Governor, the
volunteer military company or volunteer military organization:
(a) Shall file with the Adjutant General
annually, or at such time as the Governor or Adjutant General may designate, a
muster roll of such volunteer military company or volunteer military
organization certified by the oath of the commanding officer thereof. The
muster roll shall contain the names, ages, occupations and places of residence
of all members thereof, and the number and character of all arms in the
possession of such organization.
(b) Is subject to inspection by the Adjutant
General upon his or her request within such time as the Adjutant General shall
designate.
3. Each member of such volunteer military
company or volunteer military organization shall take and subscribe to an oath
before a person authorized to administer it that he or she will support the
Constitution of the United States and the Constitution of the State of Nevada
and will obey and maintain all laws and obey all officers employed in
administering those Constitutions and laws.
(Added to NRS by 1967, 1302; A 1979, 240; 2013, 1109)
NRS 412.128 Ordering reservists of Nevada National Guard or volunteer
military organization into active service; regulations.
1. Whenever the Governor deems it
necessary in time of peace, the Governor may call all or any part of the
reservists of the Nevada National Guard or volunteer military organizations
licensed by the Governor into active service to be organized pursuant to Office
regulations to augment the Nevada National Guard as an internal security force.
2. In time of war, the Governor may call all
or any part of the reservists of the Nevada National Guard or volunteer
military organizations licensed by the Governor into active service to be
organized pursuant to Office regulations to replace the Nevada National Guard
as a state force when the Nevada National Guard is ordered into federal
service.
3. Whenever laws of the United States
authorize the organization of such state forces under federal recognition, the
Governor or Adjutant General may promulgate such Office regulations as are
necessary to comply with such federal laws and obtain federal recognition for
the force authorized by this section.
(Added to NRS by 1967, 1303; A 1993, 1605; 2013, 1110)
NRS 412.134 Reservists and volunteers on active duty: Period; applicability
of laws and regulations; pay and allowances; uniforms.
1. Reservists and volunteers called out
for duty must be mustered at once into the service of the State for such period
as the Governor directs, not exceeding the limits provided by NRS 412.188.
2. Except as otherwise expressly provided
by Office regulations, all the military forces must be organized as prescribed
for organization of the Nevada National Guard at the time, and must be
officered, equipped, trained and commanded according to the laws and
regulations governing the Nevada National Guard, as nearly as practicable, and
all laws relating to the Nevada National Guard or to the duties, rights,
privileges or immunities of the members thereof shall apply to and govern the
other military forces and the members thereof, so far as applicable, but the
age limits for initial appointment of officers in the federally recognized
National Guard do not apply to officers of the other military forces.
3. The pay and allowances of the officers
and enlisted personnel of all branches of the military forces on active duty in
the service of the State must be the same as provided for the Nevada National
Guard when on such duty.
4. The Governor may receive from the
Federal Government any arms, equipment, munitions, supplies and other grants
for the use of the military forces of the State that may be available.
5. The military forces must be uniformed
in such manner as the Governor may prescribe, subject to federal laws or
regulations and Office regulations.
(Added to NRS by 1967, 1303; A 1993, 1605)
NRS 412.136 Deserters. Every
reservist and volunteer who, being accepted as a volunteer or drafted, fails
without reasonable excuse to report for muster as lawfully required shall be
considered and treated as a deserter.
(Added to NRS by 1967, 1304)
RIGHTS AND PRIVILEGES OF MEMBERS
NRS 412.138 Use of National Guard as labor force; pay and allowances. When members of the Nevada National Guard are
called into state active duty by the Governor to fight a fire, combat a flood
or any other emergency where members of the Nevada National Guard are
performing as a labor force rather than a military force, they shall receive
pay and allowances according to their respective military grade and pay status.
(Added to NRS by 1967, 1304; A 2013, 1110)
NRS 412.139 Unlawful termination of employment of member of National Guard
because of training, active service or duty, or other required meetings;
penalty.
1. An employer may not terminate the
employment of a member of the Nevada National Guard because the member:
(a) Assembles for training, participates in field
training or active duty or otherwise meets as required pursuant to NRS 412.118; or
(b) Is ordered to active service or duty pursuant
to NRS 412.122 or 412.124.
2. Any employer who violates subsection 1
is guilty of a misdemeanor.
3. In addition to any other remedy or
penalty, the Labor Commissioner may impose against the employer an
administrative penalty of not more than $5,000 for each such violation.
(Added to NRS by 1985, 753; A 2003, 800; 2011, 691)
NRS 412.1393 Unlawful termination of employment: Hearing.
1. Any member of the Nevada National Guard
who believes his or her employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a
notice of termination, request a hearing before the Labor Commissioner to
determine if his or her employment was so terminated.
2. The Office shall supply the member with
all forms needed to request such a hearing. The Labor Commissioner shall
conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.
(Added to NRS by 1985, 753; A 1993, 1605)
NRS 412.1395 Unlawful termination of employment: Reinstatement; wages and
benefits. If the employment of a
member of the Nevada National Guard is found to have been terminated as a
result of the member:
1. Assembling for training, participating
in field training or active duty or otherwise meeting as required pursuant to NRS 412.118; or
2. Being ordered to active service or duty
pursuant to NRS 412.122 or 412.124,
Ê the member
is entitled to be immediately reinstated to his or her position without loss of
seniority or benefits, and to receive all wages and benefits lost as a result
of the termination.
(Added to NRS by 1985, 753; A 2011, 691)
NRS 412.142 Industrial insurance; compensation; exceptions.
1. Except as otherwise provided in
subsection 2:
(a) In all cases in which any member of the militia
of the State is wounded, injured, disabled or killed while in the line of duty
in the service of the State, the member or the dependents of the member are
entitled to receive compensation from the State of Nevada, in accordance with
the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If that wound, injury or disability
is aggravated or recurs while the member is in the line of duty in the service
of the State, the member or the member’s dependents are also entitled to
receive such compensation.
(b) In all cases, the member who has a disability
or is deceased shall be deemed to be an employee of the State of Nevada. The
compensation to be awarded to the member or to the dependents of the member
must be determined upon the basis of the member’s average income from all
sources during the year immediately preceding the date of his or her injury or
death or the commencement of his or her disability, but the compensation must
not exceed the maximum prescribed in chapters
616A to 616D, inclusive, or chapter 617 of NRS.
2. The provisions of this section do not
apply to a member of the militia of the State or any dependents of the member
who is receiving or is entitled to receive compensation or benefits for an
injury, wound, illness, disability or death described in this section pursuant
to any law or regulation of the Federal Government, if:
(a) The federal compensation or benefits arise
from military duties performed pursuant to Title 10 or Title 32 of the United
States Code; and
(b) The wound, injury, illness or disability is
not an aggravation or recurrence of a wound, injury, illness or disability that
arose from previous duties performed pursuant to Title 10 or Title 32 of the
United States Code.
(Added to NRS by 1967, 1304; A 1979, 240; 1981, 1527;
1989, 686; 1993, 1606; 1995, 2046, 2516; 1997, 579; 1999, 235)
NRS 412.143 Educational benefits.
1. The Adjutant General may authorize the
payment of not more than 100 percent of the consolidated fee each semester for
each member of the active Nevada National Guard who attends one of the
universities or state colleges within the Nevada System of Higher Education as
a full-time or part-time student from money appropriated for this purpose.
2. The Adjutant General may authorize the
payment of not more than 100 percent of the credit-hour cost each semester for
each member of the active Nevada National Guard who attends one of the
community colleges within the Nevada System of Higher Education as a full-time
or part-time student from money appropriated for this purpose.
3. To be eligible to receive benefits, a
person must be a member in good standing of the active Nevada National Guard at
the beginning of and throughout the entire semester for which benefits are
received.
(Added to NRS by 1973, 687; A 1977, 3; 1983, 537; 1993, 401; 1999, 1978; 2005, 366)
NRS 412.1435 Patriot Relief Account: Creation; sources; uses; duties of
Adjutant General.
1. The Patriot Relief Account is hereby
created as a special account in the State General Fund.
2. The money in the Patriot Relief Account
does not lapse to the State General Fund at the end of any fiscal year. The
interest and income earned on the sum of:
(a) The money in the Patriot Relief Account,
after deducting any applicable charges; and
(b) Unexpended appropriations made to the Patriot
Relief Account from the State General Fund,
Ê must be
credited to the Account. All claims against the Patriot Relief Account must be
paid as other claims against the State are paid.
3. The Office may accept gifts, grants and
donations from any source for deposit in the Patriot Relief Account.
4. The money in the Patriot Relief Account
may only be used to provide:
(a) Reimbursement to a member of the Nevada
National Guard for the cost of:
(1) Premiums on a policy of group life
insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; or
(2) Textbooks required for a course of
study in which the member is enrolled at an institution within the Nevada
System of Higher Education; and
(b) Monetary relief from economic hardships
experienced by a member of the Nevada National Guard who has been called into
active service.
5. The Adjutant General shall adopt any
regulations necessary to determine eligibility for reimbursement or monetary
relief from the Patriot Relief Account and to carry out a program to provide
such reimbursement and monetary relief.
(Added to NRS by 2005, 2448; A 2009, 1159;
2013, 1471)
NRS 412.144 Credit for active federal service. For
all purposes under this chapter, members of the Nevada National Guard who enter
and serve in the active military service of the United States in time of war
under a call or order by the President or who enter and serve on active duty in
the military service of the United States in time of peace in their status
within the Army National Guard of the United States or Air National Guard of
the United States and who thereafter return to the military service of the
State are entitled to credit for time so served as if such service had been
rendered to the State.
(Added to NRS by 1967, 1304)
NRS 412.146 Eligibility to state office of federally paid members of
militia. Any member of the militia
of this state who receives compensation from the United States as a federally
recognized member of the Nevada National Guard does not hold a lucrative office
under the Government of the United States within the meaning of Section 9 of Article 4 of the
Constitution of the State of Nevada.
(Added to NRS by 1967, 1304; A 1979, 241)
NRS 412.152 Privileged reports and communications; defending member in legal
proceedings.
1. The reports and communications of all
members of the Nevada National Guard in the line of their military duty are
privileged communications and shall not be competent evidence against the
writer in any civil or criminal action in the courts of this state.
2. In case any suit or action is brought
against any member of the Nevada National Guard because of such reports or
communications, the Judge Advocate or the Attorney General of this state, or
both of them, at the direction of the Governor, shall appear in behalf of such
member and defend the suit or action without cost to him or her.
(Added to NRS by 1967, 1305; A 1969, 23)
NRS 412.153 Personal information: Confidentiality.
1. Except as otherwise provided in this
subsection and NRS 239B.030 and 247.090, a county recorder shall ensure
that any personal information of a member of the Nevada National Guard
contained in any document which is related to the member’s military service and
is recorded, filed or otherwise submitted to the county recorder by or on
behalf of the member is maintained in a confidential manner. The county
recorder may disclose the personal information to any person designated in
writing by the member or, upon the member’s death, by a person authorized by
subsection 2 of NRS 247.090 to inspect
and copy the document containing the personal information.
2. As used in this section, “personal
information” has the meaning ascribed to it in NRS 603A.040.
(Added to NRS by 2011, 691)
NRS 412.154 Civil and criminal liability; counsel; costs; security for
costs; exemption from certain process, summons and notice.
1. Members of the Nevada National Guard
ordered into active service of the State pursuant to this chapter are not
liable civilly or criminally for any act done by them in the performance of
their duty. When an action or proceeding of any nature is commenced in any
court by any person against any officer of the militia for any act done by the
officer in his or her official capacity in the discharge of any duty pursuant
to this chapter, or an alleged omission by the officer to do an act which it
was his or her duty to perform, or against any person acting pursuant to the
authority or order of such an officer, or by virtue of any warrant issued by
the officer pursuant to law, the defendant:
(a) May have counsel of his or her own selection,
with the cost of such counsel to be borne by the defendant; or
(b) Must be defended by the Attorney General in
civil actions and by the State Judge Advocate in criminal actions, with the
cost of such counsel to be paid out of the Reserve for Statutory Contingency
Account upon approval by the State Board of Examiners unless the defendant was
found to have been criminally negligent or to have acted wantonly or
maliciously, in which case the cost of such counsel must be borne by the
defendant,
Ê and may
require the person instituting or prosecuting the action or proceeding to file
security for the payment of costs that may be awarded to the defendant therein.
2. A defendant in whose favor a final
judgment is rendered in an action or a final order is made in a special
proceeding shall recover his or her costs.
3. No member of the Nevada National Guard
may be arrested on any civil process while going to, remaining at, or returning
from any place at which he or she is required to attend for military duty.
4. A person may not serve a summons for,
or notice of, a civil action or administrative proceeding against a member of
the Nevada National Guard, and any such action or proceeding must be postponed,
stayed or delayed, during any period in which the member:
(a) Assembles for training, participates in field
training or active duty training, or otherwise meets as required pursuant to NRS 412.118;
(b) Begins active service or duty upon the
ordered date of reporting pursuant to NRS 412.122
or 412.124; or
(c) Is going to or returning from any duty,
service or training specified in paragraph (a) or (b).
(Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488;
1991, 1769;
2011, 691)
HONORS, AWARDS AND DECORATIONS
NRS 412.1555 Nevada War on Terrorism Medal: Creation; award; duties of
Office.
1. There is hereby created the Nevada War
on Terrorism Medal.
2. The Office shall award the Nevada War
on Terrorism Medal to:
(a) A member of the Reserves who is a resident of
this State or a member of the Nevada National Guard who:
(1) Is called into active duty in the
Armed Forces of the United States on or after September 11, 2001, in support of
the global war on terrorism; and
(2) Serves on state active duty status or
pursuant to Title 10 or 32 of U.S.C.
(b) A civilian employee of a state or local
governmental agency or the Nevada National Guard who, during the course of
employment, provides services in support of the global war on terrorism and who
qualifies for the medal pursuant to criteria established by the Office pursuant
to subsection 3.
3. The Office shall:
(a) Establish a suitable design for the medal,
including a ribbon, badge or other insignia to be worn with or in place of the
medal.
(b) Procure the manufacture of the medal, ribbon,
badge or other insignia.
(c) If the recipient is a member of the Nevada
National Guard, ensure that award of the medal is properly reflected in the
service records of the recipient.
(d) Establish procedures to identify members of
the Reserves entitled to award of the medal.
(e) Adopt regulations to carry out the provisions
of this section. The regulations must include, without limitation:
(1) Rules for wearing the medal, ribbon,
badge or other insignia with the uniform of the Nevada National Guard;
(2) Provisions for the posthumous award of
a medal; and
(3) Criteria for determining those persons
who are entitled to an award of the medal.
4. As used in this section, “Reserves”
means the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Corps
Reserve and Navy Reserve.
(Added to NRS by 2005,
22nd Special Session, 113)
COMMISSIONED AND WARRANT OFFICERS
NRS 412.156 Appointment and promotion of commissioned officer; honorary
commission.
1. All commissioned officers of the Nevada
National Guard shall be appointed and promoted by the Governor upon
recommendation of the Adjutant General.
2. Honorary commissions shall be attested
by the Secretary of State with the great seal and also by the Adjutant General
with the seal of his or her office. No fee shall be charged for military
commissions.
(Added to NRS by 1967, 1305)
NRS 412.158 Applicability of chapter to warrant officers. The provisions of this chapter relating to
commissioned officers apply to warrant officers, except that warrant officers
who have been absent without leave may be discharged as prescribed by
applicable federal laws and regulations and Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
NRS 412.162 Nevada Military Academy: Creation; composition. The Nevada Military Academy is hereby created,
to consist of supervisory personnel as authorized by the National Guard Bureau
and such number of cadets as meets the qualifications and requirements of the
State of Nevada as set forth in Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
NRS 412.164 Qualifications.
1. No person may be appointed or promoted
as a commissioned officer of the Nevada National Guard unless he or she has
passed such examination as to his or her physical, moral and professional
qualifications as may be prescribed by applicable federal laws and regulations
and Office regulations.
2. No person may be recognized as a
commissioned officer of the Nevada National Guard and no appointment as such
may become effective until he or she has taken and subscribed to the oath of
office prescribed in NRS 412.166. The oath may be
administered and certified by any commissioned officer of the Nevada National
Guard, or other person authorized to administer oaths under the laws of the
State of Nevada, and no charge may be made for that act.
(Added to NRS by 1967, 1306; A 1985, 1221; 1993, 1606)
NRS 412.166 Oath. Every officer
of the Nevada National Guard shall take and subscribe to the following oath:
I,
.............................., do solemnly swear that I will support and
defend the Constitution of the United States and the Constitution of the State
of Nevada against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I will obey the orders of the President
of the United States and of the Governor of the State of Nevada; that I make
this obligation freely, without any mental reservation or purpose of evasion,
and that I will well and faithfully discharge the duties of the office of
................................ in the National Guard of the State of Nevada,
upon which I am about to enter, so help me God.
(Added to NRS by 1967, 1306)
NRS 412.168 Assignment and transfer; residence.
1. Commissioned officers may be assigned,
reassigned, transferred or detailed to and from units within the Nevada
National Guard as prescribed by applicable federal laws and regulations and
Office regulations.
2. An officer must reside within
reasonable commuting distance of the station to which the officer’s unit is
assigned. The Adjutant General shall determine what constitutes a reasonable
distance in all cases of doubt.
(Added to NRS by 1967, 1306; A 1993, 1606)
NRS 412.172 Resignation; conditional release.
1. A commissioned officer of the Nevada
National Guard may tender his or her resignation at any time. A resignation
must be tendered in writing through proper military channels in accordance with
applicable federal laws and regulations and Office regulations. A resignation
takes effect when properly accepted and announced in orders.
2. A commissioned officer desiring to
accept an appointment or to enlist in the active Army, Navy, Air Force, Marine
Corps or Coast Guard of the United States or a reserve component thereof must
first obtain a conditional release from his or her commander. A conditional
release must be issued in accordance with this chapter and Office regulations,
and must include certification that the officer is properly cleared of his or
her responsibility for all state and United States property and public money,
and that he or she is not indebted to the State or to the organization to which
the officer belongs. An officer so released shall be deemed to have resigned
upon presentation of evidence that the officer has accepted an appointment or
enlisted in the force to which released, and the resignation must be announced
in orders.
3. No officer is entitled to resign his or
her commission who is under arrest, suspension or who is under orders to be
returned to any military court for delinquency.
(Added to NRS by 1967, 1306; A 1993, 1607)
NRS 412.174 Absence without leave considered resignation.
1. Any officer who absents himself or
herself without leave for 60 days shall be considered to have resigned, and the
vacancy shall be announced in appropriate orders.
2. Any officer who is absent without leave
from annual active duty training shall be considered to have resigned, and the
vacancy shall be announced in appropriate orders.
(Added to NRS by 1967, 1306)
NRS 412.176 Efficiency and medical examining boards; appointment.
1. The efficiency, moral character and
general fitness for retention in the Nevada National Guard of any commissioned
officer may be investigated and determined by an efficiency examining board.
The members of an efficiency examining board shall be senior in rank to the
officer under investigation.
2. The physical fitness for further
service of any commissioned officer in the Nevada National Guard may be
investigated and determined by a medical examining board of officers.
3. Efficiency and medical examining boards
shall be appointed by the Governor upon recommendation of the Adjutant General
except that whenever an examining board is to be appointed for the purpose of
determining fitness of any officer for continued federal recognition, such
board shall be appointed by the commander designated in the applicable laws of
the United States and the regulations issued thereunder.
(Added to NRS by 1967, 1307)
NRS 412.178 Efficiency and medical examining boards: Procedure; powers. Efficiency and medical examining boards
appointed by the Governor hereby are vested with the powers of courts of
inquiry and courts-martial. Such boards shall follow the practice and procedure
prescribed by applicable federal laws and regulations and Office regulations.
Any officer ordered to appear before such a board is entitled to appear in
person or by counsel, to cross-examine witnesses and to call witnesses on his
or her behalf. He or she is entitled at all stages of the proceeding to full
access to records pertinent to his or her case and to be furnished copies of
such records. Failure to appear before such examining board is sufficient
ground for a finding by such board that the officer ordered to appear be
discharged from the service of the State. If the findings of such board are
unfavorable to an officer and are approved as provided by applicable laws of
the United States or this chapter, the Governor shall relieve the officer from
duty and shall give the officer a discharge in such form as may be appropriate.
If the discharge of an officer is recommended solely because of physical
inability to perform active service, such officer may be transferred to the
retired reserve if eligible.
(Added to NRS by 1967, 1307; A 1993, 1607)
NRS 412.182 Responsibility for public property. An
officer receiving public property for military purposes is accountable for the
article so received by him or her until the article is returned, or is disposed
of pursuant to law or by order of the Governor. Until his or her accounts are
examined and found correct, the accountability of such officer or his or her
estate is not affected in any way by his or her resignation, discharge, change
in official position or death. The Governor may relieve officers of
accountability upon good cause shown.
(Added to NRS by 1967, 1307)
NRS 412.184 Allowances for uniform and equipment. Repealed.
(See chapters 254 and 311, Statutes of Nevada 2013, at pp. 1137, 1472.)
NRS 412.186 Nevada National Guard Association. All
commissioned officers and warrant officers of the Nevada National Guard,
including retired officers and warrant officers thereof, may organize
themselves into an association, the name of which shall be the Nevada National
Guard Association. The Association may adopt bylaws not inconsistent with the
statutes of this state and may alter and amend such bylaws.
(Added to NRS by 1967, 1308)
ENLISTED PERSONNEL
NRS 412.188 Enlistment, period of service, oath, transfer and discharge;
extension of enlistment.
1. The qualifications for enlistment and
reenlistment, the periods of enlistment, reenlistment and voluntary extension
of enlistment, the period of service, the form of oath to be taken and the
manner and form of transfer and discharge of enlisted personnel of the Nevada
National Guard must be those prescribed by applicable federal laws and
regulations and Office regulations.
2. The Governor is authorized to extend
the period of any enlistment, reenlistment, voluntary extension of enlistment
or the period of service of enlisted personnel serving as reservists of the
Nevada National Guard or volunteer military organizations licensed by the
Governor for a period not to exceed 6 months after the termination of an
emergency declared by the Governor, the Legislature, the President or Congress.
3. Whenever the period of enlistment,
reenlistment, voluntary extension of enlistment, and the period of service of
enlisted personnel of the reserve components of the Armed Forces of the United
States are extended, the Governor shall extend the period of any enlistment,
reenlistment, voluntary extension of enlistment or the period of service of
enlisted personnel in the corresponding component of the Nevada National Guard
for the same period.
(Added to NRS by 1967, 1308; A 1993, 1608; 2013, 1110)
NRS 412.192 Noncommissioned officers. All
noncommissioned officers of the Nevada National Guard must be appointed in the
discretion of the appointing officer upon the nomination of the officer under
whose immediate command they are to serve. Appointing officers must be
designated in Office regulations. The appointment of a noncommissioned officer
may be terminated as prescribed by those regulations.
(Added to NRS by 1967, 1308; A 1993, 1608)
NRS 412.194 Absence without leave: Discharge. When
an enlisted person of the Nevada National Guard absents himself or herself
without leave and there is reason to believe that he or she does not intend to
return, he or she may be discharged in accordance with Office regulations.
(Added to NRS by 1967, 1308; A 1993, 1608)
NRS 412.1945 Nevada Enlisted Association of the National Guard of the United
States. Enlisted personnel of the
Nevada National Guard, including retired enlisted members thereof, may organize
themselves into an association, which is to be named the Nevada Enlisted
Association of the National Guard of the United States. The Association may
adopt bylaws not inconsistent with the statutes of this State and may alter and
amend such bylaws. The Association may, upon request, provide advice and
assistance to the Adjutant General regarding matters of concern to enlisted
personnel of the Nevada National Guard.
(Added to NRS by 2013, 1107)
NEVADA CODE OF MILITARY JUSTICE
General Provisions
NRS 412.196 Short title. NRS 412.196 to 412.584,
inclusive, may be cited as the Nevada Code of Military Justice.
(Added to NRS by 1967, 1309; A 2013, 1111)
NRS 412.198 Definitions. As
used in the Nevada Code of Military Justice, unless the context otherwise
requires, the words and terms defined in NRS 412.202
to 412.252, inclusive, have the meaning ascribed to
them in those sections.
(Added to NRS by 1967, 1309; A 1973, 132; 2013, 1111)
NRS 412.202 “Accuser” defined. “Accuser”
means a person who signs and swears to charges, any person who directs that
charges nominally be signed and sworn to by another, or any other person who
has an interest other than an official interest in the prosecution of the
accused.
(Added to NRS by 1967, 1309)
NRS 412.204 “Active state duty” defined. “Active
state duty” means full-time duty in the active military service of the State
under an order of the Governor issued pursuant to authority vested in the Governor
by law, and includes going to and returning from such duty.
(Added to NRS by 1967, 1309)
NRS 412.206 “Apprehension” defined. “Apprehension”
means the taking of a person into custody.
(Added to NRS by 1967, 1309)
NRS 412.208 “Arrest” defined. “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.
(Added to NRS by 1967, 1309)
NRS 412.212 “Code” defined. “Code”
means the Nevada Code of Military Justice.
(Added to NRS by 1967, 1309)
NRS 412.214 “Commanding officer” defined. “Commanding
officer” means a commissioned officer who by virtue of rank and assignment
exercises primary command authority over a military organization or a prescribed
territorial area, which under pertinent official directives is recognized as a
command.
(Added to NRS by 1967, 1309; A 2013, 1111)
NRS 412.216 “Commissioned officer” defined. “Commissioned
officer” includes an officer commissioned in the Armed Forces of the United
States and all warrant officers of the same.
(Added to NRS by 1967, 1309; A 2013, 1111)
NRS 412.218 “Confinement” defined. “Confinement”
means the physical restraint of a person.
(Added to NRS by 1967, 1309)
NRS 412.222 “Convening authority” defined. “Convening
authority” includes, in addition to the person who convened the court, a
commissioned officer commanding for the time being, or a successor in command.
(Added to NRS by 1967, 1309)
NRS 412.224 “Enlisted member” defined. “Enlisted
member” means a person in an enlisted grade.
(Added to NRS by 1967, 1309)
NRS 412.226 “Grade” defined. “Grade”
means a step or degree, in a graduated scale of office or military rank, that
is established and designated as a grade by law or regulation.
(Added to NRS by 1967, 1309)
NRS 412.232 “Legal officer” defined. “Legal
officer” means any commissioned officer of the Nevada National Guard designated
to perform legal duties for a command.
(Added to NRS by 1967, 1309)
NRS 412.234 “May” defined. “May”
is used in a permissive sense. However, the words “no person may” mean that no
person is required, authorized or permitted to do the act prescribed.
(Added to NRS by 1967, 1309)
NRS 412.236 “Military” defined. “Military”
refers to any or all of the Armed Forces.
(Added to NRS by 1967, 1309)
NRS 412.238 “Military court” defined. “Military
court” means a court-martial, a court of inquiry or a provost court.
(Added to NRS by 1967, 1309)
NRS 412.239 “Military judge” defined. “Military
judge” means an official of a general or special court-martial.
(Added to NRS by 1973, 132; A 2013, 1111)
NRS 412.242 “Nevada National Guard” defined. “Nevada
National Guard” includes the National Guard of the State, as defined in 32
U.S.C. § 101(3), the reservists to the Nevada National Guard and volunteer
military organizations licensed by the Governor when called into active service
by the Governor.
(Added to NRS by 1967, 1309; A 2013, 1111)
NRS 412.243 “Nonjudicial punishment” defined. “Nonjudicial
punishment” means punishment that is imposed:
1. Pursuant to NRS
412.286 to 412.302, inclusive;
2. Against an accused, through the chain
of command, by the accused’s commanding officer or other officer in charge; and
3. Without the need to convene a
court-martial.
(Added to NRS by 2013, 1093)
NRS 412.2435 “Principal assistant” defined. “Principal
assistant” means a commissioned officer of the state military forces serving
immediately subordinate to the convening authority.
(Added to NRS by 2013, 1093)
NRS 412.244 “Rank” defined. “Rank”
means the order of precedence among members of the Armed Forces.
(Added to NRS by 1967, 1309)
NRS 412.2445 “Restraint-of-freedom punishments” defined. “Restraint-of-freedom punishments” means
restriction and arrest in quarters.
(Added to NRS by 2013, 1093)
NRS 412.2455 “Senior force judge advocate” defined. “Senior
force judge advocate” means the senior judge advocate of the commanding officer
of the same force of the state military forces as the accused, and who is that
commanding officer’s chief legal advisor.
(Added to NRS by 2013, 1093)
NRS 412.246 “Shall” defined. “Shall”
is used in an imperative sense.
(Added to NRS by 1967, 1309)
NRS 412.247 “Staff judge advocate” defined. “Staff
judge advocate” means a commissioned officer responsible for supervising the
administration of military justice within a command.
(Added to NRS by 1973, 132)
NRS 412.248 “State Judge Advocate” defined. “State
Judge Advocate” means the commissioned officer responsible for supervising the
administration of the military justice in the Nevada National Guard.
(Added to NRS by 1967, 1310)
NRS 412.249 “State military forces” defined. “State
military forces” means the members of the Nevada National Guard, reservists of
the Nevada National Guard, and volunteer military organizations licensed by the
Governor pursuant to NRS 412.126 to organize, drill
and bear arms as volunteer military companies or volunteer military
organizations.
(Added to NRS by 2013, 1093)
NRS 412.252 “Superior commissioned officer” defined. “Superior commissioned officer” means a
commissioned officer superior in rank or command.
(Added to NRS by 1967, 1310)
NRS 412.253 Duties of principal assistant.
1. The principal assistant shall assume
command in the event of the commanding officer’s death, prolonged absence or
disability.
2. In the case of the Nevada Air National
Guard, the principal assistant may include an officer who lacks an aeronautical
rating, as defined in Air Force Instruction 11-402 § 2.2, as it may be amended
or replaced, and is serving in a position immediately subordinate to the
convening authority.
3. Any delegation of authority to a
principal assistant must be in writing, unless exigencies prevent such written
delegation. If exigencies prevent written delegation, verbal authorization is
sufficient and must be reduced to writing as soon as possible thereafter.
(Added to NRS by 2013, 1093)
NRS 412.254 Applicability.
1. The following persons who are not in
federal service are subject to this Code:
(a) Members of the Nevada National Guard, whether
or not they are in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive.
(b) Retired, separated or discharged members of
the Nevada National Guard, regardless of their entitlement to pay, if the
offense charged occurred before their retirement, separation or discharge.
(c) All other persons lawfully ordered to duty in
or with the Nevada National Guard, from the dates they are required by the
terms of the order or other directive to obey it.
2. No person may be punished under this
Code for any offense provided for in the Code unless:
(a) The person is subject to any provision of
subsection 1 or is a member of the state military forces; and
(b) The offense is either a purely military
offense or a civilian offense where there is a nexus between the offense and
the state military forces.
3. To impose disciplinary action under the
Code, there must be jurisdiction over the person pursuant to NRS 412.2545 and jurisdiction over the subject matter
pursuant to NRS 412.256.
4. For jurisdictional issues based on
assignment or attachment, each service component shall refer to the current
rules and other guidance applicable to the service component, including,
without limitation, regulations and policy directives. Before the initiation of
any action pursuant to this Code, the judge advocate shall require that the
commanding officer resolve any jurisdictional issue regarding assigned or
attached personnel involved in the action.
(Added to NRS by 1967, 1310; A 1985, 758; 2013, 1111)
NRS 412.2545 Jurisdiction over member of state military forces and persons in
custody of state military forces.
1. The following persons are subject to
jurisdiction under this Code:
(a) Any person described in subsection 1 of NRS 412.254 or who is a member of the state military
forces; and
(b) Any person who is in the custody of the state
military forces before trial or who is serving a sentence imposed by a
court-martial.
2. Any person described in subsection 1 is
subject to this Code until the person’s active service has been terminated in
accordance with the law or regulations of the state military forces and the
National Guard Bureau and the regulations applicable to that person’s service.
(Added to NRS by 2013, 1093)
NRS 412.256 Jurisdiction over certain offenses and to try certain personnel. The following provisions apply with regard to
jurisdiction under this Code:
1. An offense of a purely military nature
contained in the Code may be the subject of administrative measures,
nonjudicial punishment or courts-martial. Each military offense is derived from
the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq. and, to the
extent not inconsistent with the Code provisions describing those offenses,
this Code incorporates each element of the offense as described in the Uniform
Code with the following clarifications:
(a) Insofar as an element of an offense described
in the Uniform Code refers to the United States, the element also refers to
this State.
(b) Insofar as an element of an offense described
in the Uniform Code refers to persons in the service of the United States or
officials thereof, the element also includes persons in the service of the
state military forces or state officials as provided in the Code.
(c) Insofar as an element refers to the property
of the United States, the element also includes property of this State.
2. Offenses of a nonmilitary nature may be
the subject of administrative measures, nonjudicial punishment or court-martial
provided that the person alleged to have committed the offense is subject to
the Code and there is a nexus between the act or omission constituting the
offense and the state military forces. Civilian criminal offenses may be
subject to prosecution pursuant to 10 U.S.C. §§ 933 and 934 if that nexus is
present.
3. A proper civilian court has primary
jurisdiction when an act or omission violates both the Code and state or
federal criminal law. In such cases, a state court-martial or nonjudicial
proceeding for punishment may be initiated only after the civilian authority
has declined to prosecute or has dismissed charges, provided jeopardy has not
attached. However, nothing in this Code precludes a commanding officer from
taking administrative action even if the civilian authority exercises
jurisdiction. Administrative remedies are not considered double jeopardy.
4. Any member of the state military forces
may be ordered to duty involuntarily for any purpose under the Code.
5. In conducting prosecutions, a judge
advocate shall coordinate with the Attorney General of the State of Nevada,
similar officials in the State or county or equivalent prosecutorial
authorities and appropriate municipal prosecutorial authorities to ensure that
the judge advocate prosecutes with the cooperation of those local and state
prosecutors. A commanding officer shall refer all suspected civilian offenses
to a judge advocate who shall coordinate with the proper authorities when
appropriate.
6. Each person discharged from the Nevada
National Guard who is later charged with having fraudulently obtained the
discharge is, subject to NRS 412.376, subject to
trial by court-martial on that charge and is after apprehension subject to this
Code while in the custody of the military for that trial. Upon conviction of
that charge the person is subject to trial by court-martial for all offenses
under this Code committed before the fraudulent discharge.
7. No person who has deserted from the
Nevada National Guard may be relieved from amenability to the jurisdiction of
this Code by virtue of a separation from any later period of service.
(Added to NRS by 1967, 1310; A 2013, 1112)
NRS 412.258 Application for court-martial by dismissed commissioned officer;
discharge substituted for dismissal; reappointment.
1. If any commissioned officer dismissed
by order of the Governor makes a written application for trial by
court-martial, setting forth under oath that the officer has been wrongfully
dismissed, the Governor, as soon as practicable, shall convene a general
court-martial to try that officer on the charges on which the officer was
dismissed. A court-martial so convened has jurisdiction to try the dismissed
officer on those charges, and he or she shall be considered to have waived the
right to plead any statute of limitations applicable to any offense with which
he or she is charged. The court-martial may, as part of its sentence, adjudge
the affirmance of the dismissal; but if the court-martial acquits the accused
or if the sentence adjudged, as finally approved or affirmed, does not include
dismissal, the Chief of Staff to the Governor shall substitute for the
dismissal ordered by the Governor a form of discharge authorized for
administrative issue.
2. If the Governor fails to convene a
general court-martial within 6 months from the presentation of an application
for trial under this Code, the Chief of Staff to the Governor shall substitute
for the dismissal ordered by the Governor a form of discharge authorized for
administrative issue.
3. If a discharge is substituted for a
dismissal under this Code, the Governor alone may reappoint the officer to such
commissioned grade and with such rank as, in the opinion of the Governor, that
former officer would have attained had the officer not been dismissed. The
reappointment of such a former officer may be made only if a vacancy is
available under applicable tables of organization. All time between the
dismissal and the reappointment shall be considered as actual service for all
purposes.
4. If an officer is discharged from the
Nevada National Guard by administrative action or by board proceedings under
law, or is dropped from the rolls by order of the Governor, he or she has no
right to trial under this section.
(Added to NRS by 1967, 1310)
NRS 412.262 Territorial applicability of Nevada Code of Military Justice.
1. This Code applies throughout the State.
It also applies to all persons otherwise subject to this Code while they are
serving outside the State, and while they are going to and returning from such
service outside the State, in the same manner and to the same extent as if they
were serving inside the State.
2. Courts-martial and courts of inquiry
may be convened and held in units of the Nevada National Guard while those
units are serving outside the State with the same jurisdiction and powers as to
persons subject to this Code as if the proceedings were held inside the State;
and offenses committed outside the State may be tried and punished either
inside or outside the State.
(Added to NRS by 1967, 1310)
NRS 412.263 Failure to comply with procedural provision of Code does not
invalidate punishment imposed unless servicemen or servicewomen materially
prejudiced by error. Failure to
comply with any procedural provision of this Code does not invalidate a punishment
imposed pursuant to the Code, unless the error materially prejudiced a
substantial right of the servicemen or servicewomen on whom the punishment was
imposed.
(Added to NRS by 2013, 1095)
NRS 412.264 Judge advocates and legal officers.
1. The Adjutant General shall appoint an
officer of the Nevada National Guard as State Judge Advocate. To be eligible
for appointment, an officer must have been licensed to practice law in the
State of Nevada for at least 5 years and must be qualified to act as a military
judge advocate. The State Judge Advocate serves at the pleasure of the Adjutant
General.
2. The Adjutant General may appoint as
many assistant state judge advocates as he or she deems necessary, who must be
officers of the Nevada National Guard and licensed to practice law in the State
of Nevada.
3. The State Judge Advocate or his or her
assistants shall make frequent inspections in the field to supervise the
administration of military justice.
4. Convening authorities shall at all
times communicate directly with their staff judge advocate or legal officers in
matters relating to the administration of military justice. The staff judge
advocate or legal officer of any command may communicate directly with the
staff judge advocate or legal officer of a superior or subordinate command, or
with the State Judge Advocate.
5. No person who has acted as member,
military judge, trial counsel, assistant trial counsel, defense counsel,
assistant defense counsel or investigating officer, or who has been a witness
for either the prosecution or defense in any case, may later act as staff judge
advocate or legal officer to any reviewing authority upon the same case.
(Added to NRS by 1967, 1311; A 1973, 132; 1985, 758)
NRS 412.2645 Person may not be tried or punished while incompetent.
1. A person may
not be tried or adjudged to punishment under this Code while incompetent.
2. For the purposes of this section, a
person is incompetent when presently suffering from a mental disease or defect
rendering the person unable to understand the nature of the proceedings against
that person or to conduct or cooperate intelligently in the defense of the
case.
(Added to NRS by 2013, 1098)
Apprehension and Restraint
NRS 412.266 Apprehension by authorized persons; quelling disorder.
1. Any person authorized by this Code, or
by Office regulations issued pursuant thereto, to apprehend persons subject to
this Code, any marshal of a court-martial appointed pursuant to the provisions
of this Code and any peace officer authorized to do so by law may do so upon
reasonable belief that an offense has been committed and that the person
apprehended committed it.
2. Commissioned officers, warrant officers
and noncommissioned officers have authority to quell quarrels, frays and
disorders among persons subject to this Code and to apprehend persons subject
to this Code who take part therein.
(Added to NRS by 1967, 1311; A 1993, 1608)
NRS 412.267 Arrest of member failing or refusing to report to place of duty;
bail.
1. If any member of the Nevada National
Guard fails or refuses to report to his or her appointed place of duty, his or
her commanding officer may arrest the member or cause him or her to be
arrested, and brought before the commanding officer at the unit or organization
headquarters, whether such headquarters are located within or without the
borders of the State.
2. After an arrest, the commanding officer
may transport, or cause to be transported, the person arrested to his or her
appointed place of duty.
3. If military personnel are not available
for the purpose of making the arrest, or if the commanding officer deems it
advisable, he or she may issue a warrant to any peace officer authorized to
serve warrants of arrest in aid of any criminal action. Such peace officer
shall serve the warrant in the same manner as other warrants of arrest, and
make return thereof to the commanding officer issuing the warrant.
4. If the commanding officer issuing the
warrant, or the commanding officer’s authorized representative, is not
available to receive the person arrested, the arresting officer shall take him
or her before the nearest available magistrate in the State.
5. The magistrate may admit the person
arrested to bail conditioned upon his or her appearance before the magistrate
at a specified time for surrender to the commanding officer issuing the
warrant.
6. If the person arrested is unable to
give bail, he or she may be held in the county jail for a period not to exceed
3 days, pending his or her surrender to the commanding officer or the
commanding officer’s authorized representative.
(Added to NRS by 1973, 410)
NRS 412.2675 Warrant of arrest: Form; fees and mileage for service.
1. Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following
form:
State of Nevada }
}ss.
County of...................... }
To the (Sheriff) (Constable)
(Chief of Police) of ................ (County) (Township and County) (City and
County):
......................................................................................................................................... ,
(Name
of person to be arrested, rank, serial number)
a member of
.............................. (Unit designation) Nevada National Guard, having
failed or refused to report to his or her appointed place of duty at
................................, you are therefore commanded forthwith to
arrest the above-named .............................. and bring him or her
before me at ................ The arrest may be made either during the day or
at night.
Dated at
.....................……………........ this ….…............. day of the month of
………. of the year ……
/s/...................................................................................
(Name,
rank, branch, organization,
and
designation as commanding officer)
2. Fees and mileage allowed for the
service of warrants must be the same as are provided by law for the service of
criminal process and must be paid out of money appropriated to the office of
the military, upon proper application therefor.
(Added to NRS by 1973, 411; A 1993, 1609; 2001, 53)
NRS 412.268 Apprehension of deserter. 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, may summarily apprehend a deserter from the Nevada
National Guard and deliver him or her into the custody of the Nevada National
Guard. If an offender is apprehended outside the State, his or her return to
the area must be in accordance with normal extradition procedures or reciprocal
agreement.
(Added to NRS by 1967, 1311)
NRS 412.272 Order of apprehension, arrest or confinement.
1. An enlisted member may be ordered into
arrest or confinement by any commissioned officer by an oral or written order,
delivered in person or through other persons subject to this code or through any
person authorized by this code to apprehend persons. A commanding officer may
authorize warrant officers or noncommissioned officers to order enlisted
members of his or her command or subject to his or her authority into arrest or
confinement.
2. A commissioned officer or warrant
officer may be ordered apprehended or into arrest or confinement only by a
commanding officer to whose authority he or she is subject, by an order, oral
or written, delivered in person or by another commissioned officer. The authority
to order such persons apprehended or into arrest or confinement may not be
delegated.
3. No person may be ordered apprehended or
into arrest or confinement except for probable cause.
4. This section does not limit the
authority of persons authorized to apprehend offenders to secure the custody of
an alleged offender until proper authority may be notified.
(Added to NRS by 1967, 1311)
NRS 412.274 Restraint of person charged with offense; notice of charges;
summary disposition.
1. Any person subject to this Code charged
with an offense under this Code shall be ordered into arrest or confinement, as
circumstances may require, by a person so authorized by this chapter; but when
charged only with an offense normally tried by a summary court-martial, such
person shall not ordinarily be placed in confinement.
2. When any person subject to this Code is
placed in arrest or confinement prior to trial, immediate steps shall be taken
to inform him or her of the specific wrong of which he or she is accused and to
try him or her or to dismiss the charges and release him or her.
(Added to NRS by 1967, 1312; A 1973, 410)
NRS 412.276 Place of confinement. Confinement
other than in a guardhouse, whether before, during or after trial by a military
court, must be executed in civil jails, detention facilities, penitentiaries or
prisons designated by the Governor or by such persons as the Governor may
authorize to act.
(Added to NRS by 1967, 1312; A 1989, 1180)
NRS 412.277 Limitations on confinement. No
member of the state military forces may be placed in confinement in immediate
association with:
1. An enemy prisoner; or
2. A person who is a citizen of a country
other than the United States and who is not a member of the Armed Forces of the
United States.
(Added to NRS by 2013, 1093)
NRS 412.278 Receipt of prisoner; report.
1. A provost marshal, commander of a
guard, master at arms, keeper or officer of a city or county jail or any other
jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any
prisoner committed to his or her charge, when the committing person furnishes a
statement, signed by him or her, of the offense charged against the prisoner.
2. Every commander of a guard, master at
arms, keeper or officer of a city or county jail or of any other jail,
detention facility, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed
shall, within 24 hours after that commitment or as soon as he or she is
relieved from guard, report to the commanding officer of the prisoner the name
of the prisoner, the offense charged against the prisoner, and the name of the
person who ordered or authorized the commitment.
(Added to NRS by 1967, 1312; A 1977, 871; 1989, 1180)
NRS 412.282 Certain punishments prohibited before trial; labor pending
trial. Subject to NRS 412.412, no person, while being held for trial or
the result of a trial, may be subjected to punishment or penalty other than
arrest or confinement upon the charges pending against him or her, nor shall
the arrest or confinement imposed upon the person be any more rigorous than the
circumstances required to insure his or her presence; but the person may be
subjected to minor punishment during that period for infractions of discipline,
and may be required to perform such labor as may be necessary for the policing
and sanitation of his or her living quarters and messing facilities and the
area immediately adjacent thereto.
(Added to NRS by 1967, 1312)
NRS 412.284 Delivery of offender to civil authority; return to military
authority.
1. Under such Office regulations as may be
prescribed under this chapter, a person on active state duty subject to this Code
who is accused of an offense against civil authority may be delivered, upon
request, to the civil authority for trial.
2. When delivery under this section is
made to any civil authority of a person undergoing sentence of a court-martial,
the delivery, if followed by conviction in a civil tribunal, interrupts the
execution of the sentence of the court-martial, and the offender after having
answered to the civil authorities for his or her offense must, upon the request
of competent military authority, be returned to military custody for the
completion of his or her sentence.
(Added to NRS by 1967, 1313; A 1993, 1609)
Nonjudicial Punishment
NRS 412.286 Limitations on powers of commanding officer concerning
nonjudicial punishment; delegation of powers.
1. Under Office regulations, limitations
may be placed on the powers granted by NRS 412.286
to 412.302, inclusive, with respect to the kind and
amount of punishment authorized, the categories of commanding officers and
warrant officers exercising command authorized to exercise those powers, the
applicability of NRS 412.286 to 412.302, inclusive, to an accused who demands trial by
court-martial, and the kinds of courts-martial to which the case may be
referred upon such a demand. However, punishment may not be imposed upon any
member of the Nevada National Guard under NRS 412.286
to 412.302, inclusive, if the member has, before
the imposition of such punishment, demanded trial by court-martial in lieu of
such punishment. Under Office regulations, rules may be prescribed with respect
to the suspension of punishments authorized hereunder. If authorized by Office
regulations, a commanding officer exercising general court-martial jurisdiction
or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302,
inclusive, to a principal assistant.
2. When nonjudicial punishment has been
imposed for an offense, nonjudicial punishment may not again be imposed for the
same offense. Administrative action can be taken for the same offense and will
not be considered double punishment under the Code. For the purposes of this
subsection, “same offense” means an offense that was part of a single incident
or course of conduct.
3. After nonjudicial punishment has been
imposed, it may not be increased, upon appeal or otherwise, unless the
punishment imposed was not provided for in the Code.
4. When a commanding officer determines
that nonjudicial punishment is appropriate for a particular serviceman or
servicewoman, all known offenses determined to be appropriate for disposition
by nonjudicial punishment and ready to be considered at that time, including,
without limitation, all such offenses arising from a single incident or course
of conduct, must ordinarily be considered together, rather than being made the
basis for multiple punishment.
5. Nonjudicial punishment may not be
imposed for any offense which was committed more than 3 years before the date
of imposition of punishment, unless such 3-year limitation is waived by the
accused in writing or unless the accused has filed an appeal under this Code.
6. Nothing in subsection 2 or 4 precludes
a commanding officer from imposing, at one time, more than one punishment
nonjudicially for the offense or offenses arising from a single incident or
course of conduct authorized in the Code.
(Added to NRS by 1967, 1313; A 1993, 1609; 2013, 1113)
NRS 412.287 Duty of commanding officer to maintain good order and
discipline; authorization to pursue punitive measures; considerations when
determining appropriate method of punishment.
1. Each commanding officer shall maintain
good order and discipline in his or her command. If a commanding officer
determines that he or she can maintain good order and discipline through
effective leadership, including, without limitation, administrative and
corrective measures, he or she must do so. If a commanding officer determines
that he or she cannot maintain good order and discipline through effective
leadership, including, without limitation, administrative and corrective
measures, he or she may pursue punitive measures.
2. In determining the appropriate method
of punishment, a commanding officer must consider, without limitation:
(a) The nature of the offense;
(b) The nature of the punishment;
(c) The record of the offending serviceman or
servicewoman;
(d) The need to maintain good order and
discipline; and
(e) The likely effect of the punitive measures on
the record of the offending serviceman or servicewoman.
3. Each commanding officer shall, insofar
as is practicable, take action to ensure that:
(a) Military justice is exercised promptly and
fairly; and
(b) Each matter of a disciplinary or punitive
nature is resolved:
(1) At the lowest appropriate level; and
(2) Using the least severe punishment
appropriate to the offense.
(Added to NRS by 2013, 1094)
NRS 412.2875 Imposition of nonjudicial punishment: Duty of commanding
officer; imposition not bar to court-martial or other legal proceeding.
1. This section sets forth the law,
policies and procedures for nonjudicial punishment in the state military
forces. Unless modified by this Code, the procedures contained in Chapter 3 of
Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended
or replaced, apply to nonjudicial punishment in this Code.
2. Each commanding officer shall use
nonjudicial punishment as an essential and prompt means of maintaining good
order and discipline, and to promote positive behavior and changes in
servicemen and servicewomen without the stigma of a court-martial conviction.
3. No superior may:
(a) Direct that a subordinate authority impose
nonjudicial punishment in a particular case; or
(b) Issue regulations or guidelines which suggest
to subordinate authorities that certain categories of minor offenses be
disposed of by nonjudicial punishment instead of by court-martial or disposed
of by administrative corrective measures, or that predetermined types or
amounts of punishment be imposed for certain classifications of offenses that
the subordinate authority considers appropriate for disposition by nonjudicial
punishment.
4. Nonjudicial punishment may be imposed
for a minor offense. Whether an offense is minor must be determined by, without
limitation:
(a) The nature of the offense and the
circumstances surrounding the commission of the offense;
(b) The age, rank, duty assignment, record and
experience of the offender; and
(c) The maximum possible sentence that could be
imposed for the offense if tried by general court-martial.
5. The decision as to whether an offense
is minor is a matter of discretion for the commanding officer imposing
nonjudicial punishment. The imposition and enforcement of nonjudicial
punishment pursuant to NRS 412.286 to 412.302, inclusive, is not a bar to a trial by
court-martial or other legal proceeding for a serious crime or offense growing
out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302,
inclusive, but the fact that a nonjudicial punishment has been enforced
pursuant thereto may be shown by the accused at trial and when so shown must be
considered in determining the severity of punishment to be adjudged in the
event of a finding of guilty.
(Added to NRS by 2013, 1094)
NRS 412.2877 Authority of commanding officer to impose nonjudicial
punishment; limitations on delegation of such authority; withholding of
authority by commanding officer from subordinate commanding officer.
1. Commanding officers have authority to
impose nonjudicial punishment upon military personnel under their command. The
authority of a commanding officer to impose nonjudicial punishment for certain
types of offenses or certain categories of persons, or to impose certain types
of punishment in specific cases, may be limited or withheld by a superior
officer.
2. Only the Governor and general officers
in command may delegate their authority under subsection 1 to a principal
assistant. This limitation on delegation of authority does not remove the
authority of other commanding officers authorized to act under this Code, but
such other commanding officers may not delegate that authority. A commanding
officer superior to the commanding officer having authority to impose
nonjudicial punishment may withhold that authority.
3. A commanding officer at any echelon may
withhold from any subordinate commanding officer all or part of the authority
prescribed in subsection 1, including, without limitation, the authority to
impose nonjudicial punishment for specific types of offenses that the
subordinate would otherwise impose. When authority is withheld, such action
should be explained in a clearly defined writing or directive. The original of
the writing or directive must be filed in the office of the applicable judge
advocate who serves the commanding officer whose authority has been withheld.
Any such withholding remains in effect when a new commanding officer is
appointed or assumes command, until and unless expressly revoked by the
superior commanding officer. Any such action should be addressed to the
position held by the commanding officer whose authority has been withheld, not
to the commanding officer by name.
(Added to NRS by 2013, 1095)
NRS 412.2879 Right of accused to demand trial by court-martial; limitations. An accused facing nonjudicial punishment has
the right to demand a trial by court-martial only if the commanding officer who
initiated the proceeding for nonjudicial punishment elects to impose
restraint-of-freedom punishments. If, before an offer of nonjudicial punishment
is made, the commanding officer elects not to impose restraint-of-freedom
punishments, the accused has no right to demand a trial by court-martial. If the
commanding officer does not advise the accused serviceman or servicewoman of
his or her right to reject the nonjudicial punishment and demand a trial by
court-martial on initiation of the nonjudicial punishment action, the
commanding officer thereby waives the right to retain the restraint-of-freedom
punishments.
(Added to NRS by 2013, 1095)
NRS 412.288 Imposition and enforcement of disciplinary punishment without
court-martial.
1. Subject to NRS
412.286, a commanding officer may impose one or more of the following
authorized maximum disciplinary punishments listed in this subsection for minor
offenses, without the intervention of a court-martial:
(a) The maximum punishments a company grade
officer may impose upon enlisted members of the officer’s command for each
offense are:
(1) For traditional guard members of the
Nevada National Guard:
(I) Suspension from duty for not
more than two drill periods which need not be consecutive;
(II) Forfeiture of pay for not more
than two drill periods which need not be consecutive;
(III) Reduction to the next inferior
pay grade if the grade from which the serviceman or servicewoman is demoted is
within the authority to promote of the officer imposing the reduction;
(IV) Withholding of privileges for
not more than 6 consecutive months;
(V) Reprimand; and
(VI) Admonition.
(2) For active guard reserve members of
the Nevada National Guard:
(I) Suspension from duty for not
more than 14 days which need not be consecutive;
(II) Forfeiture of pay for not more
than 14 days which need not be consecutive;
(III) Reduction to the next inferior
pay grade if the grade from which the serviceman or servicewoman is demoted is
within the authority to promote of the officer imposing the reduction;
(IV) Withholding of privileges for
not more than 6 consecutive months;
(V) Reprimand; and
(VI) Admonition.
(b) The maximum punishments a commanding officer
of the grade of major or above may impose upon enlisted members of the
officer’s command are:
(1) Any punishment authorized in paragraph
(a).
(2) For traditional guard members of the
Nevada National Guard:
(I) Suspension from duty for not
more than four drill periods which need not be consecutive;
(II) Forfeiture of pay for not more
than four drill periods which need not be consecutive; and
(III) Reduction to the next inferior
pay grade if the grade from which the serviceman or servicewoman is demoted is
within the authority to promote of the officer imposing the reduction or any
officer subordinate to the one who imposes the reduction, but an enlisted
member in a pay grade above E-4 may not be reduced more than two pay grades.
(3) For active guard reserve members of
the Nevada National Guard:
(I) Suspension from duty for not
more than 1 month, the days of which need not be consecutive;
(II) Forfeiture of pay for not more
than 1 month, the days of which need not be consecutive; and
(III) Reduction to the next inferior
pay grade if the grade from which the serviceman or servicewoman is demoted is
within the authority to promote of the officer imposing the reduction or any
officer subordinate to the one who imposes the reduction, but an enlisted
member in a pay grade above E-4 may not be reduced more than two pay grades.
(c) The maximum punishments which a commanding
officer may impose upon officers under the commanding officer’s command are:
(1) Any punishment otherwise authorized
pursuant to this section and, if the commanding officer is a major or above,
any punishment authorized in paragraph (b).
(2) If imposed by an officer exercising
general court-martial jurisdiction or an officer of general rank in command:
(I) For traditional guard members of
the Nevada National Guard, suspension from duty for not more than eight drill
periods which need not be consecutive and forfeiture of pay for not more than
one-half of one drill period’s pay for eight drill periods which need not be
consecutive.
(II) For active guard reserve
members of the Nevada National Guard, suspension from duty for not more than 2
months, the days of which need not be consecutive and forfeiture of pay for not
more than one-half of 1 month’s pay for 2 months, the days of which need not be
consecutive.
2. The Governor, the Adjutant General, an
officer exercising general court-martial authority or an officer of a general
or flag rank may impose any punishment authorized in subsection 1 upon any
officer or enlisted member of the officer’s command.
(Added to NRS by 1967, 1313; A 2013, 1114)
NRS 412.292 Powers of officer in charge to impose punishment. Repealed. (See chapter 254, Statutes of Nevada
2013, at page 1137.)
NRS 412.2925 Use of summarized proceeding if commanding officer determines
punishment will not include restraint-of-freedom punishments; notice to
accused; accused not entitled to counsel; scheduling of hearing.
1. A commanding officer, after preliminary
inquiry, may use a summarized proceeding if it is determined that punishment
will not include restraint-of-freedom punishments.
2. A Summarized Record of Proceedings,
under Article 15, UCMJ, as contained in Army Regulation 27-10, or AF Form 3070,
as they may be amended or replaced, must be used to record the summarized
nonjudicial punishment proceedings. However, the notification of the right to
demand a trial by court-martial must be stricken from the form.
3. If a commanding officer who intends to
impose nonjudicial punishment determines that a summarized proceeding is
appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to
initiate nonjudicial punishment;
(b) The intent of the commanding officer to use
summarized proceedings;
(c) The lack of a right on the part of the
accused to demand a trial by court-martial;
(d) The maximum punishments allowable pursuant to
the summarized proceeding;
(e) The right of the accused to remain silent;
(f) Each offense that the accused has allegedly
committed with reference to the sections of the law allegedly violated;
(g) The right of the accused to confront
witnesses, examine the evidence and submit matters in defense, extenuation and
mitigation; and
(h) The right of the accused to appeal within the
period set forth in subsection 4 of NRS 412.296.
4. If a commanding officer determines that
a summarized proceeding is appropriate, the accused does not have the right to
consult with counsel before the hearing and the accused does not have the right
to counsel or a spokesperson during the hearing.
5. Consistent with the regulations
applicable to the accused’s service, if a hearing is scheduled, notification of
the date and time of the hearing may be made orally or in writing. The hearing
must be scheduled not earlier than 24 hours and not later than 60 days after
the accused receives notification pursuant to subsection 3 of the intent of the
commanding officer to impose nonjudicial punishment.
(Added to NRS by 2013, 1096)
NRS 412.293 Use of formal proceeding if commanding officer determines
punishment will include restraint-of-freedom punishments; notice to accused;
accused entitled to counsel; commanding officer not bound by formal rules of
evidence.
1. A commanding officer who, after
preliminary inquiry, determines that the punishment options will include
restraint-of-freedom punishments shall use a formal proceeding.
2. If the commanding officer determines
that a formal proceeding is appropriate, the accused must be notified in
writing of:
(a) The intent of the commanding officer to
initiate nonjudicial punishment;
(b) The intent of the commanding officer to use a
formal proceeding;
(c) The maximum punishments allowable under the
formal proceeding;
(d) The right of the accused to remain silent;
(e) Each offense that the accused has allegedly
committed with reference to sections of the law that are alleged to have been
violated;
(f) The right of the accused to confront
witnesses, examine the evidence and submit matters in defense, extenuation and
mitigation;
(g) The right of the accused to consult with a
judge advocate and the location of such counsel;
(h) The right of the accused to demand a trial by
court-martial at any time before the imposition of the nonjudicial punishment;
and
(i) The right of the accused to appeal.
3. If the commanding officer determines
that a formal proceeding is appropriate, the accused must be given a reasonable
time to consult with counsel, to gather matters in defense, extenuation and
mitigation and to decide whether to accept the nonjudicial punishment or demand
a trial by court-martial. This decision period must be at least 48 hours,
depending on the availability of counsel, but such period may be extended at
the request of the accused.
4. The commanding officer is not bound by
the formal rules of evidence before courts-martial and may consider any matter
the commanding officer reasonably believes is relevant to the offense.
(Added to NRS by 2013, 1096)
NRS 412.2935 Announcement of results of punishment.
1. A punishment may be announced at the
next formation of the unit of the accused after the punishment is imposed or,
if appealed, after the decision on the appeal. The announcement may also be
posted on a bulletin board of the unit or published in a newsletter or web
publication of the unit.
2. The announcement of the results of
punishments may be used to mitigate perceptions of unfairness of punishment and
to serve as a deterrent to similar misconduct by other servicemen and
servicewomen. The announcement of punishments must not be undertaken to invoke
public embarrassment or scorn of the serviceman or servicewoman so punished.
Accordingly, the practice of announcing punishments must be undertaken in a
consistent manner to avoid the appearance of favoritism or vindictiveness.
3. In deciding whether to announce the
punishment of servicemen and servicewomen in the grade of E-5 or above, the
commanding officer shall consider the following factors:
(a) The nature of the offense;
(b) The military record and duty position of the
serviceman or servicewoman being punished;
(c) The deterrent effect of announcing the
punishment;
(d) The impact on the morale or mission of the
applicable unit;
(e) The impact on the victim, if any, of the
serviceman’s or servicewoman’s offense; and
(f) The impact on the ability of the serviceman
or servicewoman to lead.
(Added to NRS by 2013, 1097)
NRS 412.294 Suspension, remission or mitigation of punishment.
1. The officer who imposes the punishment
authorized in NRS 412.288, or the officer’s
successor in command, may, at any time, suspend probationally any part or
amount of the unexecuted punishment imposed and may suspend probationally a
reduction in grade or a forfeiture imposed under NRS
412.288, whether or not executed.
2. In addition, he or she may, at any
time, remit or mitigate any part or amount of the unexecuted punishment imposed
and may set aside in whole or in part the punishment, whether executed or
unexecuted, and restore all rights, privileges and property affected.
3. He or she may also mitigate reduction
in grade to forfeiture or detention of pay.
4. When mitigating forfeiture of pay to
detention of pay, the amount of the detention must not be greater than the
amount of the forfeiture.
5. When mitigating reduction in grade to
forfeiture or detention of pay, the amount of the forfeiture or detention shall
not be greater than the amount that could have been imposed initially under NRS 412.286 to 412.302,
inclusive, by the officer who imposed the punishment mitigated.
(Added to NRS by 1967, 1314; A 2013, 1116)
NRS 412.296 Appeal to superior authority.
1. A person punished under NRS 412.286 to 412.302,
inclusive, who considers his or her punishment unjust or disproportionate to
the offense may, through the proper channel, appeal to the next superior
authority. The appeal shall be promptly forwarded and decided, but the person
punished may in the meantime be required to undergo the punishment adjudged.
The superior authority may exercise the same powers with respect to the
punishment imposed as may be exercised under NRS
412.294 by the officer who imposed the punishment. Before acting on an
appeal from a punishment of:
(a) Suspension or forfeiture of pay for more than
two drill periods or 14 days; or
(b) Reduction of one or more pay grades,
Ê the
authority who is to act on the appeal shall refer the case to the State Judge
Advocate for consideration and advice, and may so refer the case upon appeal
from any punishment imposed under NRS 412.288.
2. Appeals of nonjudicial punishment must
be made to the next superior authority. The next superior authority is
typically the commanding officer superior to the commanding officer who imposed
the punishment. When a principal assistant imposes nonjudicial punishment, the
next superior authority is the commanding officer superior to the commanding
officer who delegated the power to the principal assistant to impose
punishment.
3. Only one appeal is allowed pursuant to
this section.
4. The accused must be given a reasonable
time within which to submit an appeal. A reasonable time is 30 days after
imposition of the nonjudicial punishment or the time before the next monthly
drill following imposition of the punishment, whichever comes later.
5. A superior authority to the commanding
officer who imposed the nonjudicial punishment, typically the next superior
commanding officer, may act on an appeal.
6. Appeals must be in writing on
applicable forms provided by the Office of the State Judge Advocate and must
set forth the reasons for appeal and include additional documentation and
evidence supporting the appeal. The superior authority may not consider
additional evidence which was not presented to the commanding officer who
imposed the nonjudicial punishment unless the exclusion of such evidence would
yield an unjust result.
7. Before acting on an appeal, the
superior authority shall refer the case to a judge advocate for consideration
and advice. The judge advocate shall render an opinion as to the
appropriateness of the punishment and whether the proceedings were conducted in
accordance with law and regulations. When a case is so referred, the judge
advocate is not limited to an examination of any written matter comprising the
record of proceedings, and may make any inquiries and examine any additional
matter deemed necessary.
8. In acting on an appeal, the superior
authority may exercise the same power with respect to punishment imposed as may
be exercised by the officer who imposed the nonjudicial punishment. The
superior authority shall consider the record of proceedings, any matters
submitted by the serviceman or servicewoman, any matters considered during
legal review and any other appropriate matters. If the superior authority sets
aside nonjudicial punishment due to procedural error, such superior authority
may authorize additional proceedings by the imposing commanding officer or a
successor, but the punishment shall be not more severe than that originally
imposed. Upon completion of action by the superior authority, the accused must
be promptly notified of the results.
(Added to NRS by 1967, 1315; A 2013, 1117)
NRS 412.298 Disciplinary punishment not bar to court-martial. The imposition and enforcement of disciplinary
punishment pursuant to NRS 412.286 to 412.302, inclusive, for any act or omission is not a
bar to trial by court-martial for a serious crime or offense growing out of the
same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302,
inclusive, but the fact that a disciplinary punishment has been enforced may be
shown by the accused upon trial, and when so shown shall be considered in
determining the measure of punishment to be adjudged in the event of a finding
of guilty.
(Added to NRS by 1967, 1315; A 2013, 1118)
NRS 412.302 Records of nonjudicial punishment. The
Adjutant General may, by Office regulation, prescribe the form of records to be
kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that
certain categories of those proceedings must be in writing.
(Added to NRS by 1967, 1315; A 1993, 1610)
Jurisdiction of Courts-Martial
NRS 412.304 Courts-martial of Nevada National Guard not in federal service;
composition.
1. In the Nevada National Guard not in
federal service, there are general, special and summary courts-martial
constituted like similar courts of the Army and Air Force. They have the
jurisdiction and powers, except as to punishments, and must follow the forms
and procedures provided for those courts.
2. The three types of courts-martial for
the state military forces include:
(a) General courts-martial, consisting of:
(1) A military judge and not less than
five members; or
(2) Only a military judge if, before the
court is assembled, the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in
writing a court composed of only a military judge, and the military judge
approves the request.
(b) Special courts-martial, consisting of:
(1) A military judge and not less than
three members; or
(2) Only a military judge if one has been
detailed to the court and the accused, under the same conditions as those
prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests
and the military judge approves the request.
(c) Summary courts-martial, consisting of one
commissioned officer.
(Added to NRS by 1967, 1315; A 1973, 133; 2013, 1118)
NRS 412.306 Jurisdiction of courts-martial of each force. The ground force and the air force of the
Nevada National Guard has court-martial jurisdiction over all persons subject
to this Code. The exercise of jurisdiction by one force over personnel of
another force must be in accordance with Office regulations.
(Added to NRS by 1967, 1316; A 1993, 1610)
NRS 412.307 Jurisdiction of courts-martial of each component and branch of
state military forces. Each
component or branch of the state military forces has court-martial jurisdiction
over all servicemen and servicewomen of that particular component or branch who
are subject to this Code. Additionally, the Nevada Army National Guard and
Nevada Air National Guard have court-martial jurisdiction over all servicemen
and servicewomen subject to this Code.
(Added to NRS by 2013, 1098)
NRS 412.308 General court-martial. Subject
to NRS 412.306, general courts-martial have
jurisdiction to try persons subject to this Code for any offense made
punishable by this Code and may, under such limitations as the Governor may
prescribe, adjudge any punishment allowed by the Code.
(Added to NRS by 1967, 1316; A 2013, 1119)
NRS 412.312 Special court-martial. Subject
to NRS 412.306, special courts-martial have
jurisdiction to try persons subject to this Code for any offense for which they
may be punished under this Code and may, under such limitations as the Governor
may prescribe, adjudge any punishment not forbidden by this Code except for
dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture
of pay exceeding one-half pay per month or forfeiture of pay for more than 1
year.
(Added to NRS by 1967, 1316; A 2013, 1119)
NRS 412.314 Summary court-martial.
1. Subject to NRS
412.306, summary courts-martial have jurisdiction to try persons subject to
this Code, except officers, cadets, candidates and midshipmen, for any offense
made punishable by this Code under such limitations as the Governor may
prescribe.
2. No person with respect to whom summary
courts-martial have jurisdiction may be brought to trial before a summary
court-martial if the person objects thereto. If objection to trial by summary
court-martial is made by an accused, trial by special or general court-martial
may be ordered, as may be appropriate. Summary courts-martial may, under such
limitations as the Governor may prescribe, adjudge any punishment not forbidden
by this Code except dismissal, dishonorable or bad-conduct discharge,
confinement for more than 1 month, restriction to specified limits for more
than 2 months or forfeiture of more than one-half of 1 month’s pay.
(Added to NRS by 1967, 1316; A 2013, 1119)
NRS 412.316 Sentence of dismissal or dishonorable discharge must be approved
by Governor. In the Nevada
National Guard not in federal service, no sentence of dismissal or dishonorable
discharge may be executed until it is approved by the Governor.
(Added to NRS by 1967, 1316)
NRS 412.318 When complete record of proceedings and testimony required. A dishonorable discharge, bad-conduct
discharge or dismissal shall not be adjudged by any court-martial unless a
complete record of the proceedings and testimony before the court has been
made.
(Added to NRS by 1967, 1316)
NRS 412.322 Authorized sentence of general or special court-martial after
declaration of war and before jurisdiction of United States Code of Military
Justice. A general or special
court-martial convened for the trial of a person charged with committing an
offense after the declaration of a war or national emergency and before the
time when the person is brought under the jurisdiction of the United States
Uniform Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction,
adjudge such punishment as may be appropriate, except that it may not exceed
that authorized for a similar offense by the United States Uniform Code of
Military Justice.
(Added to NRS by 1967, 1316)
Convening and Composition of Courts-Martial
NRS 412.324 Convening general court-martial.
1. In the Nevada National Guard not in
federal service, a general court-martial may be convened by the:
(a) Governor;
(b) Adjutant General;
(c) Commanding officer of a component of the
state military forces;
(d) Commanding officer of a division or a
separate brigade; or
(e) Commanding officer of a separate wing.
2. If any such commanding officer is an
accuser, the court shall be convened by superior competent authority and may in
any case be convened by such superior authority if considered desirable by such
authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
NRS 412.326 Convening special court-martial.
1. In the Nevada National Guard not in
federal service, a special court-martial may be convened by:
(a) Any person who may convene a general
court-martial;
(b) The commanding officer of a garrison, fort,
post, camp, Nevada Air National Guard base or naval base or station;
(c) The commanding officer of a brigade,
regiment, detached battalion or corresponding unit of the Nevada Army National
Guard;
(d) The commanding officer of a wing, group,
separate squadron or corresponding unit of the Nevada Air National Guard; or
(e) The commanding officer or officer in charge
of any other command when empowered by the Adjutant General.
2. When any such officer is an accuser,
the court must be convened by superior competent authority and may in any case
be convened by such superior authority if considered desirable by such
authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
NRS 412.328 Convening summary court-martial.
1. In the Nevada National Guard not in
federal service, a summary court-martial may be convened by:
(a) Any person who may convene a general
court-martial;
(b) The commanding officer of a detached company
or other detachment or corresponding unit of the Nevada Army National Guard;
(c) The commanding officer of a detached squadron
or other detachment or the corresponding unit of the Nevada Air National Guard;
or
(d) The commanding officer or officer in charge of
any other command when empowered by the Adjutant General.
2. When only one commissioned officer is
present with a command or detachment he or she shall be the summary
court-martial of that command or detachment and shall hear and determine all
summary court-martial cases brought before him or her. Summary courts-martial
may, however, be convened in any case by superior competent authority when
considered desirable by such authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
NRS 412.332 Who may serve on courts-martial.
1. Any commissioned officer of or on duty
with the Nevada National Guard is eligible to serve on all courts-martial for
the trial of any person who may lawfully be brought before such courts for
trial.
2. Any warrant officer of or on duty with
the Nevada National Guard is eligible to serve on general and special
courts-martial for the trial of any person, other than a commissioned officer,
who may lawfully be brought before such courts for trial.
3. Any enlisted member of the Nevada
National Guard who is not a member of the same unit as the accused is eligible
to serve on general and special courts-martial for the trial of any enlisted
member who may lawfully be brought before such courts for trial, but he or she
shall serve as a member of a court only if, before the conclusion of a session
called by the military judge before trial or, in the absence of such a session,
before the court is assembled for the trial of the accused, the accused
personally has requested orally on the record or in writing that enlisted
members serve on it. After such a request, the accused serviceman or
servicewoman may not be tried by a general or special court-martial the
membership of which does not include enlisted members in a number comprising at
least one-third of the total membership of the court, unless eligible members
cannot be obtained on account of physical conditions or military exigencies. If
such members cannot be obtained, the court may be convened and the trial held without
them, but the convening authority shall make a detailed written statement, to
be appended to the record, stating why they could not be obtained. As used in
this subsection, the word “unit” means any regularly organized body of the
Nevada National Guard not larger than a company, a squadron or a corresponding
body.
4. When it can be avoided, no person
subject to this Code shall be tried by a court-martial any member of which is
junior to him or her in rank or grade.
5. When convening a court-martial, the
convening authority shall detail as members thereof such members of the Nevada
National Guard as, in his or her opinion, are best qualified for the duty by
reason of age, education, training, experience, length of service, and judicial
temperament. No member of the Nevada National Guard is eligible to serve as a
member of a general or special court-martial when he or she is the accuser, a
witness, or has acted as investigating officer or as counsel in the same case.
6. Before a court-martial is assembled for
the trial of a case, the convening authority may excuse a member of the court
from participating in the case. The convening authority may delegate the
authority under this subsection to a judge advocate or to any other principal
assistant.
7. If within the command of the convening
authority there is present and not otherwise disqualified a commissioned
officer who is a member of the bar of the State and of appropriate rank, the
convening authority shall appoint him or her as president of a special
court-martial. Although this requirement is binding on the convening authority,
failure to meet it in any case does not divest a military court of
jurisdiction.
(Added to NRS by 1967, 1317; A 2013, 1121)
NRS 412.334 Military judge of general or special court-martial.
1. A military judge must be detailed to
each general and special court-martial. The military judge shall preside over
each open session of the court-martial to which the military judge has been
detailed.
2. The authority convening a general or
special court-martial shall request the State Judge Advocate to detail a
military judge. Neither the convening authority nor any staff member of the
convening authority may prepare or review any report concerning the
effectiveness, fitness or efficiency of the military judge who is detailed if
the report relates to the military judge’s performance of duty as a military
judge.
3. No person may act as military judge in
a case wherein the person is the accuser, a witness, counsel or has acted as
investigating officer.
4. The military judge may not consult with
the members of the court except in the presence of the accused and trial and
defense counsel, nor may he or she vote with the members of the court.
(Added to NRS by 1967, 1318; A 1973, 133; 2013, 1122)
NRS 412.3345 Military judge: Qualifications.
1. A military judge must be:
(a) An active or retired commissioned officer of
an organized state military force or in federal service;
(b) One of the following:
(1) A member in good standing of the State
Bar of Nevada;
(2) A member of the bar of a federal court
for at least 5 years; or
(3) A person who is licensed to practice
law in a state other than the State of Nevada, certified by the Adjutant
General of the state in which the military judge is licensed, and a member in
good standing therein, and who has received permission from the State Bar of
Nevada to sit as a military judge; and
(c) Certified as qualified for duty as a military
judge by the senior force judge advocate of the same military force of which
the accused is a member.
2. If a military judge is not a member of
the State Bar of Nevada, the military judge shall be deemed admitted pro hac
vice, subject to filing with the senior force judge advocate of the same
military force of which the accused is a member a certificate setting forth
that the other qualifications provided in subsection 1 have been met.
(Added to NRS by 2013, 1097)
NRS 412.336 Trial counsel and defense counsel.
1. For each general and special
court-martial the authority convening the court shall request the State Judge
Advocate to detail trial and defense counsel and such assistants as he or she
considers appropriate.
2. No person who has acted as
investigating officer, military judge or court member may thereafter act as
trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no
person who has acted as investigating officer, military judge or court member
may thereafter act as defense counsel or assistant defense counsel in the same
case.
4. No person who has acted for the
prosecution may thereafter act for the defense in the same case; nor may any
person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special
courts-martial shall be a member of the bar of the highest court of a state or
of a federal court.
6. Except as otherwise provided in
subsection 7, trial counsel or defense counsel detailed for a general or
special court-martial must be a judge advocate, and trial counsel must be a
member in good standing of the State Bar of Nevada.
7. In the instance when defense counsel is
not a member of the State Bar of Nevada, the defense counsel must be deemed
admitted pro hac vice, subject to filing a certificate with the military judge
setting forth the qualifications that counsel is:
(a) A commissioned officer of the Armed Forces of
the United States or a component thereof;
(b) A member in good standing of the bar of the
highest court of his or her state; and
(c) Certified as a judge advocate in the Judge
Advocate General’s Corps of the Army, Air Force, Navy or the Marine Corps; or
(d) A judge advocate as defined in this Code.
(Added to NRS by 1967, 1318; A 1973, 142; 1975, 78; 2013, 1122)
NRS 412.338 Court reporter and interpreter. Under
Office regulations, the convening authority of a general or special
court-martial or court of inquiry shall detail or employ qualified court
reporters, who shall record the proceedings of and testimony taken before that
court. Under like regulations the convening authority of a military court may
detail or employ interpreters who shall interpret for the court.
(Added to NRS by 1967, 1318; A 1993, 1610)
NRS 412.342 Absence or excusal of member of court-martial; additional
members; effect of absence on trial.
1. No member of a general or special
court-martial may be absent or excused after the court has been assembled for
the trial of the accused unless:
(a) Excused as a result of a challenge;
(b) Excused by the military judge for physical
disability; or
(c) By order of the convening authority for good
cause.
2. Whenever a general court-martial, other
than a general court-martial composed of a military judge only, is reduced
below five members, the trial may not proceed unless the convening authority
details new members sufficient in number to provide not less than five members.
When the new members have been sworn, the trial may proceed after the recorded
testimony of each witness previously examined has been read to the court in the
presence of the military judge, the accused and counsel.
3. Whenever a special court-martial is
reduced below three members, the trial may not proceed unless the convening
authority details new members sufficient in number to provide not less than
three members. When the new members have been sworn, the trial shall proceed as
if no evidence has previously been introduced, unless a verbatim record of the
testimony of previously examined witnesses or a stipulation thereof is read to
the court in the presence of the accused and counsel.
4. If the military judge of a
court-martial composed of a military judge only is unable to proceed with trial
because of physical disability, as a result of a challenge or for other good
cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, after the detail of a new military judge
as if no evidence had previously been introduced, unless a verbatim record of
the evidence previously introduced or a stipulation thereof is read in court in
the presence of the new military judge, the accused and counsel for both sides.
(Added to NRS by 1967, 1319; A 1973, 134; 2013, 1122)
Pretrial Procedure
NRS 412.344 Charges and specifications.
1. Charges and specifications shall be
signed by a person subject to this Code under oath before a person authorized
by this Code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or
has investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his
or her knowledge and belief.
2. Upon the preferring of charges, the
proper authority shall take immediate steps to determine what disposition
should be made thereof in the interest of justice and discipline, and the
person accused shall be informed of the charges against him or her as soon as
practicable.
(Added to NRS by 1967, 1319)
NRS 412.346 Compulsory self-incrimination and immaterial and degrading
evidence prohibited; accused must be informed of his or her rights.
1. No person subject to this Code may
compel any person to incriminate himself or herself or to answer any question
the answer to which may tend to incriminate him or her.
2. No person subject to this Code may
interrogate, or request any statement from, an accused or a person suspected of
an offense without first:
(a) Informing him or her of the nature of the
accusation;
(b) Advising him or her that he or she does not
have to make any statement regarding the offense of which he or she is accused
or suspected and that any statement made by him or her may be used as evidence
against him or her in a trial by court-martial; and
(c) Advising him or her that he or she has a
right to consult with a lawyer, that he or she has a right to have a lawyer
present during questioning, that he or she has a right to be represented by a
lawyer and that upon his or her request, one will be provided him or her
without cost, or, if he or she prefers, he or she may retain counsel of his or
her choice, at his or her own expense.
3. No person subject to this Code may
compel any person to make a statement or produce evidence before any military
tribunal if the statement or evidence is not material to the issue and may tend
to degrade him or her.
4. No statement obtained from any person
in violation of this section, or through the use of coercion, unlawful
influence or unlawful inducement may be received in evidence against him or her
in a trial by court-martial.
(Added to NRS by 1967, 1319; A 1973, 295)
NRS 412.348 Investigation: Procedure; rights of accused; uncharged offenses.
1. No charge or specification may be
referred to a general court-martial for trial until a thorough and impartial
investigation of all the matters set forth therein has been made. This
investigation shall include inquiry as to the truth of the matter set forth in
the charges, consideration of the form of charges, and a recommendation as to
the disposition which should be made of the case in the interest of justice and
discipline.
2. The accused shall be advised of the
charges against him or her and of his or her right to be represented at that
investigation by counsel. Upon his or her own request he or she shall be
represented by civilian counsel if provided by him or her, or military counsel
of his or her own selection if such counsel is reasonably available, or by
counsel detailed by the officer exercising general court-martial jurisdiction
over the command. At that investigation full opportunity shall be given to the
accused to cross-examine witnesses against him or her if they are available and
to present anything he or she may desire in his or her own behalf, either in
defense or mitigation, and the investigating officer shall examine available
witnesses requested by the accused. If the charges are forwarded after the
investigation, they shall be accompanied by a statement of the substance of the
testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject
matter of an offense has been conducted before the accused is charged with an
offense, and if the accused was present at the investigation and afforded the
opportunities for representation, cross-examination and presentation prescribed
in subsection 2, no further investigation of that charge is necessary under
this section unless it is demanded by the accused after he or she is informed
of the charge. A demand for further investigation entitles the accused to
recall witnesses for further cross-examination and to offer any new evidence in
his or her own behalf.
4. If evidence adduced in an investigation
under this section indicates that the accused committed an uncharged offense,
the investigating officer may investigate the subject matter of that offense
without the accused having first been charged with the offense if the accused
is:
(a) Present at the investigation;
(b) Informed of the nature of each uncharged
offense investigated; and
(c) Afforded the opportunities for
representation, cross-examination and presentation prescribed in subsection 2.
5. The requirements of this section are
binding on all persons administering this Code but failure to follow them does
not divest a military court of jurisdiction.
(Added to NRS by 1967, 1319; A 2013, 1123)
NRS 412.352 Forwarding of charges. When
a person is held for trial by general court-martial the commanding officer
shall, within 8 days after the accused is ordered into arrest or confinement,
if practicable, forward the charges, together with the investigation and allied
papers, to the Governor. If that is not practicable, the commanding officer
shall report in writing to the Governor the reasons for delay.
(Added to NRS by 1967, 1320)
NRS 412.354 Advice of State Judge Advocate; reference for trial; formal
correction of charges.
1. Before directing the trial of any
charge by general court-martial, the convening authority shall refer it to the
State Judge Advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general court-martial for trial
unless the convening authority has been advised in writing by a judge advocate
that:
(a) The specification alleges an offense under
this Code;
(b) The specification is warranted by evidence
indicated in the report of the investigation, if there is such a report; and
(c) A court-martial would have jurisdiction over
the accused and the offense.
2. If the charges or specifications are
not formally correct or do not conform to the substance of the evidence
contained in the report of the investigating officer, formal corrections, and
such changes in the charges and specifications as are needed to make them
conform to the evidence, may be made.
3. The advice of the State Judge Advocate
pursuant to subsection 1, with respect to a specification under a charge, must
include a written and signed statement by the judge advocate:
(a) Expressing conclusions with respect to each
matter set forth in subsection 1; and
(b) Recommending action that the convening
authority take regarding the specification. If the specification is referred
for trial, the recommendation of the judge advocate must accompany the
specification.
(Added to NRS by 1967, 1320; A 2013, 1124)
NRS 412.356 Service of charges. The
trial counsel to whom court-martial charges are referred for trial shall cause
to be served upon the accused a copy of the charges upon which trial is to be
had. In time of peace no person may, against his or her objection, be brought
to trial before a general court-martial within a period of 5 days after the
service of the charges upon the person, or before a special court-martial
within a period of 3 days after the service of the charges upon the person.
(Added to NRS by 1967, 1320)
Trial Procedure
NRS 412.358 Procedural regulations. Pretrial,
trial and posttrial procedures, including modes of proof, for cases before
courts-martial arising under this Code and for courts of inquiry, may be
prescribed by the Governor or the Adjutant General by regulations, or as otherwise
provided by law. The regulations prescribed under this section must apply the
principles of law and the rules of evidence generally recognized in military
criminal cases in the courts of the Armed Forces of the United States and must
not be contrary to or inconsistent with this Code.
(Added to NRS by 1967, 1321; A 1993, 1610; 2013, 1124)
NRS 412.362 Unlawfully influencing action of court.
1. Except as otherwise provided in
subsection 2, no authority convening a general, special or summary
court-martial nor any other commanding officer, or officer serving on the staff
thereof, may censure, reprimand or admonish the court or any member, law
officer or counsel thereof, with respect to the findings or sentence adjudged
by the court, or with respect to any other exercise of its, his or her
functions in the conduct of the proceeding. No person subject to this Code may
attempt to coerce or, by any unauthorized means, influence the action of the
court-martial or any other military tribunal or any member thereof, in reaching
the findings or sentence in any case, or the action of any convening, approving
or reviewing authority with respect to his or her judicial acts.
2. Subsection 1 does not apply with
respect to:
(a) General instructional or informational
courses in military justice if such courses are designed solely for the purpose
of instructing members of a command in the substantive and procedural aspects
of courts-martial; or
(b) To statements and instructions given in open
court by the military judge, summary court-martial officer or counsel.
3. In the preparation of an effectiveness,
fitness or efficiency report, or any other report or document used in whole or
in part for the purpose of determining whether a member of the state military
forces is qualified to be advanced in grade, or in determining the assignment
or transfer of a member of the state military forces or in determining whether
a member of the state military forces should be retained on active status, no
person subject to this Code may, in preparing any such report:
(a) Consider or evaluate the performance of duty
of any such member as a member of a court-martial or witness therein; or
(b) Give a less favorable rating or evaluation of
any counsel of the accused because of zealous representation before a
court-martial.
(Added to NRS by 1967, 1321; A 2013, 1125)
NRS 412.364 Duties of trial counsel and defense counsel.
1. The trial counsel of a general or
special court-martial shall prosecute in the name of the State and shall, under
the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be
represented in his or her defense before a general or special court-martial or
at an investigation as provided in NRS 412.348.
3. The accused may be represented:
(a) In his or her defense before a general or
special court-martial, by civilian counsel at the provision and expense of the
accused;
(b) By military counsel selected by the accused
if reasonably available; or
(c) By the defense counsel detailed under NRS 412.336.
4. Should the accused have counsel of his
or her own selection, the defense counsel and assistant defense counsel, if
any, who were detailed, shall, if the accused so desires, act as his or her associate
counsel, otherwise they shall be excused by the president of the court.
5. Except as otherwise provided in
subsection 6, if the accused is represented by military counsel of his or her
own selection pursuant to paragraph (b) of subsection 3, any military counsel
detailed in paragraph (c) of subsection 3 must be excused.
6. The accused is not entitled to be
represented by more than one military counsel. However, the person authorized
under regulations prescribed under NRS 412.336 to
detail counsel, in that person’s sole discretion:
(a) May detail additional military counsel as
assistant defense counsel; and
(b) If the accused is represented by military
counsel of the accused’s own selection pursuant to paragraph (b) of subsection
3, may approve a request from the accused that military counsel detailed in
paragraph (c) of subsection 3 act as associate defense counsel.
7. The senior force judge advocate of the
same component of which the accused is a member shall determine whether the
military counsel selected by an accused is reasonably available.
8. In every court-martial proceeding the
defense counsel may, in the event of conviction:
(a) Forward for attachment to the record of proceedings
a brief of such matters as the defense counsel feels should be considered in
behalf of the accused on review, including any objection to the contents of the
record which he or she considers appropriate;
(b) Assist the accused in the submission of any
matter under NRS 412.452 to 412.562,
inclusive; and
(c) Take other action authorized by this Code.
9. An assistant trial counsel of a general
court-martial may, under the direction of the trial counsel or when he or she
is qualified to be a trial counsel as required by NRS
412.336, perform any duty imposed by law, regulation or the custom of the
service upon the trial counsel of the court. An assistant trial counsel of a
special court-martial may perform any duty of the trial counsel.
10. An assistant defense counsel of a
general or special court-martial may, under the direction of the defense
counsel or when he or she is qualified to be the defense counsel as required by
NRS 412.336, perform any duty imposed by law,
regulation or the custom of the service upon counsel for the accused.
(Added to NRS by 1967, 1321; A 2013, 1125)
NRS 412.366 Presence of members and parties at proceedings.
1. At any time after the service of
charges, which have been referred for trial to a court-martial composed of a
military judge and members, the military judge may call the court into session
without the presence of the members for:
(a) Hearing and determining motions raising
defenses or objections which are capable of determination without trial of the
issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may
be ruled upon by the military judge whether or not the matter is appropriate
for later consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the
pleas of the accused; or
(d) Performing any other procedural function
which may be performed by the military judge which does not require the
presence of the members of the court. These proceedings shall be conducted in
the presence of the accused, defense counsel and trial counsel and shall be
made a part of the record.
2. The proceedings described in subsection
1 must be conducted in the presence of the accused, defense counsel and trial
counsel and must be made a part of the record. Such proceedings are not
required to adhere to the provisions of NRS 412.342.
3. Whenever a general or special
court-martial deliberates or votes, only the members of the court may be
present. All other proceedings, including any other consultation of the court
with counsel or the military judge, shall be made a part of the record and
shall be in the presence of the accused, the defense counsel, the trial
counsel, and the military judge.
(Added to NRS by 1967, 1321; A 1973, 134; 2013, 1126)
NRS 412.368 Continuance. The
military judge may, for reasonable cause, grant a continuance to any party for
such time, and as often, as may appear to be just.
(Added to NRS by 1967, 1322; A 1973, 135)
NRS 412.372 Challenges of military judge and members.
1. The military judge and members of a
general or special court-martial may be challenged by the accused or the trial
counsel for cause stated to the court. The military judge shall determine the
relevancy and validity of challenges for cause, and may not receive a challenge
to more than one person at a time. Challenges by the trial counsel shall be
presented and decided before those by the accused are offered, unless justice
dictates otherwise.
2. If exercise of a challenge for cause
reduces the court below the minimum number of members required by NRS 412.304, all parties shall, notwithstanding NRS 412.342, either exercise or waive any challenge
for cause then apparent against the remaining members of the court before
additional members are detailed to the court. However, peremptory challenges
must not be exercised at that time.
3. Each accused and the trial counsel is
entitled to one peremptory challenge, but the military judge may not be
challenged except for cause.
4. If exercise of a peremptory challenge
reduces the court below the minimum number of members required by NRS 412.304, the parties shall, notwithstanding NRS 412.342, either exercise or waive any remaining
peremptory challenge not previously waived against the remaining members of the
court before additional members are detailed to the court.
5. Whenever additional members are
detailed to the court and after any challenges for cause against such
additional members are presented and decided, each accused and the trial
counsel are entitled to one peremptory challenge against members not previously
subject to peremptory challenge.
(Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
NRS 412.374 Oaths.
1. The military judge, interpreters, and
in general and special courts-martial, members, trial counsel, assistant trial
counsel, defense counsel, assistant defense counsel and reporters shall take an
oath or affirmation in the presence of the accused to perform their duties
faithfully.
2. The form of the oath or affirmation,
the time and place of the taking thereof, the manner of recording the same and
whether the oath or affirmation must be taken for all cases in which these
duties are to be performed or for a particular case must be as prescribed in
regulation or as provided by law. The regulations may provide that:
(a) An oath or affirmation to perform faithfully
the duties of a military judge, trial counsel or defense counsel may be taken
at any time by any judge advocate or other person certified or designated to be
qualified or competent for the duty; and
(b) If such an oath or affirmation is taken, it
need not again be taken at the time the judge advocate or other person is
detailed to that duty.
3. Each witness before a military court
shall be examined on oath or affirmation.
(Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
NRS 412.376 Statute of limitations; computation and suspension of period of
limitation.
1. A person charged with desertion or
absence without leave in time of war, or with aiding the enemy or with mutiny,
may be tried and punished at any time without limitation.
2. Except as otherwise provided in this
section, a person charged with desertion in time of peace or the offense
punishable under NRS 412.554, is not liable to be
tried by court-martial if the offense was committed more than 3 years before
the receipt of sworn charges and specifications by an officer exercising
summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this
section or title 15 of NRS, a person charged with any offense is not liable to
be tried by court-martial or punished under NRS 412.286
to 412.302, inclusive, if the offense was committed
more than 3 years before the receipt of sworn charges and specifications by an
officer exercising summary court-martial jurisdiction over the command or
before the imposition of punishment under NRS 412.286
to 412.302, inclusive.
4. Periods in which the accused is absent
without authority or fleeing from justice are excluded in computing the period
of limitation prescribed in this section.
5. Periods in which the accused was absent
from territory in which the State has the authority to apprehend the accused,
or in the custody of civil authorities, or in the hands of the enemy, are
excluded in computing the period of limitation prescribed in this section.
6. When the United States is at war, the
running of any statute of limitations applicable to any offense under this
Code:
(a) Involving fraud or attempted fraud against
the United States, any state or any agency of either in any manner, whether by
conspiracy or not;
(b) Committed in connection with the acquisition,
care, handling, custody, control or disposition of any real or personal
property of the United States or any state; or
(c) Committed in connection with the negotiation,
procurement, award, performance, payment, interim financing, cancellation or
other termination or settlement of any contract, subcontract or purchase order
which is connected with or related to the prosecution of war or with any
disposition of termination inventory by any war contractor or government
agency,
Ê is suspended
until 2 years after the termination of hostilities as proclaimed by the
President of the United States or by a joint resolution of the Congress of the
United States.
7. If charges or specifications are
dismissed as defective or insufficient for any cause and the period prescribed
by the applicable statute of limitations has expired or will expire within 180
days after the dismissal of the charges or specifications, trial and punishment
under new charges and specification are not barred by the statute of
limitations if the new charges and specifications:
(a) Are received by an officer exercising summary
court-martial jurisdiction over the command within 180 days after the dismissal
of the charges or specifications; and
(b) Allege the same acts or omissions that were
alleged in the dismissed charges or specifications or allege acts or omissions
that were included in the dismissed charges or specifications.
(Added to NRS by 1967, 1322; A 2013, 1128)
NRS 412.378 Double jeopardy.
1. No person may, without his or her
consent, be tried a second time in any military court of the State for the same
offense.
2. No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a
trial in the sense of this section until the finding of guilty has become final
after review of the case has been fully completed.
3. A proceeding which, after the
introduction of evidence but before a finding, is dismissed or terminated by
the convening authority or on motion of the prosecution for failure of
available evidence or witnesses without any fault of the accused is a trial in
the sense of this section.
(Added to NRS by 1967, 1322)
NRS 412.382 Pleas of accused; effect of plea of guilty.
1. If an accused arraigned before a
court-martial makes an irregular pleading, or after a plea of guilty sets up
matter inconsistent with the plea, or if it appears that the accused has
entered the plea of guilty improvidently or through lack of understanding of
its meaning and effect, or if the accused fails or refuses to plead, a plea of
not guilty shall be entered in the record, and the court shall proceed as
though the accused had pleaded not guilty.
2. With respect to any charge or
specification to which a plea of guilty has been made by the accused and
accepted by the military judge or by a court-martial without a military judge,
a finding of guilty of the charge or specification may be entered immediately
without vote. This finding constitutes the finding of the court unless the plea
of guilty is withdrawn before the announcement of the sentence, in which event
the proceedings must continue as though the accused had pleaded not guilty.
(Added to NRS by 1967, 1323; A 2013, 1129)
NRS 412.384 Obtaining witnesses and evidence: Procedure; service of process.
1. The trial counsel, the defense counsel
and the court-martial must have equal opportunity to obtain witnesses, both
civilian and military and other evidence in accordance with Office regulations.
2. The military judge or a summary court
officer may:
(a) Issue a warrant for the arrest of any accused
person who, having been served with a warrant and a copy of the charges,
disobeys a written order by the convening authority to appear before the court;
(b) Issue subpoenas duces tecum and other
subpoenas;
(c) Enforce by attachment the attendance of
witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to
answer, as provided in actions before civil courts of the State.
3. Process issued in court-martial cases
to compel witnesses to appear and testify and to compel the production of other
evidence may run to any part of the State and may be executed by military
personnel designated by the court-martial, or by civil officers as prescribed
by the laws of the State of Nevada.
(Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)
NRS 412.386 Refusal to appear or testify. Any
person not subject to this Code who:
1. Has been subpoenaed to appear as a
witness or to produce books and records before a military court or before any
military or civil officer designated to take a deposition to be read in
evidence before such a court;
2. Has been paid or tendered the fees and
mileage of a witness at the rates allowed to witnesses attending a district
court of the State; and
3. Willfully neglects or refuses to
appear, or refuses to qualify as a witness or to testify or to produce any
evidence which that person may have been legally subpoenaed to produce,
Ê is guilty of
an offense against the State and may be punished in the same manner as if
committed before civil courts of the State.
(Added to NRS by 1967, 1323)
NRS 412.388 Contempt; penalty. A
military court may punish for contempt any person who uses any menacing word,
sign or gesture in its presence, or who disturbs its proceedings by any riot or
disorder. The punishment may not exceed confinement for 30 days or a fine of
$100, or both. A person not subject to this Code may be punished for contempt
by a military court in the same otherwise applicable manner as that person
could be punished if found in contempt of a criminal or civil court of the
State.
(Added to NRS by 1967, 1323; A 2013, 1129)
NRS 412.392 Deposition.
1. At any time after charges have been
signed, as provided in NRS 412.344, any party may
take oral or written depositions unless an authority competent to convene a
court-martial for the trial of those charges forbids it for good cause. If a
deposition is to be taken before charges are referred for trial, such authority
may designate commissioned officers to represent the prosecution and the
defense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a
deposition is to be taken shall give to every other party reasonable written
notice of the time and place for taking the deposition.
3. Depositions may be taken before and
authenticated by any military officer or other person authorized by the laws of
the State or by the laws of the place where the deposition is taken to
administer oaths.
4. A duly authenticated deposition taken
upon reasonable notice to the other parties, so far as otherwise admissible under
the rules of evidence, may be read in evidence before any court-martial or in
any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the
state in which the court-martial or court of inquiry is ordered to sit, or
beyond the distance of 100 miles from the place of hearing;
(b) That the witness by reason of death, age,
sickness, bodily infirmity, imprisonment, military necessity, nonamenability to
process, or other reasonable cause, is unable or refuses to appear and testify
in person at the place of trial or hearing; or
(c) That the present whereabouts of the witness
is unknown.
(Added to NRS by 1967, 1323)
NRS 412.394 Admissibility of records of courts of inquiry.
1. In any case not extending to the dismissal
of a commissioned officer, the sworn testimony, contained in the duly
authenticated record of proceedings of a court of inquiry, of a person whose
oral testimony cannot be obtained may, if otherwise admissible under the rules
of evidence, be read in evidence by any party before a court-martial if the
accused was a party before the court of inquiry and if the same issue was
involved or if the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence
only by the defense in cases extending to the dismissal of a commissioned
officer.
3. Such testimony may also be read in
evidence before a court of inquiry or a military board.
(Added to NRS by 1967, 1324)
NRS 412.3945 Affirmative defense of lack of mental responsibility:
Limitations; burden of proof; instructions to members of court.
1. It is an affirmative defense in trial
by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was
unable to appreciate the nature and quality of the wrongfulness of his or her
acts and, thus, lacked mental responsibility for those acts. Mental disease or
defect does not otherwise constitute a defense.
2. The accused has the burden of proving
the defense of lack of mental responsibility by clear and convincing evidence.
3. Whenever lack of mental responsibility
of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of
mental responsibility under this section and charge them to find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty by reason of lack of mental
responsibility.
Ê
Notwithstanding the provisions of NRS 412.396, the
accused may only be found not guilty by reason of lack of mental responsibility
pursuant to paragraph (c) if a majority of the members of the court-martial
present at the time the vote is taken determines that the defense of lack of
mental responsibility has been established.
4. The provisions of this subsection and
subsection 3 do not apply to a court-martial composed only of a military judge.
In the case of a court-martial composed only of a military judge or a summary
court-martial officer, whenever lack of mental responsibility of the accused
with respect to an offense is properly at issue, the military judge or summary
court-martial officer shall find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty only by lack of mental
responsibility.
Ê
Notwithstanding the provisions of NRS 412.396, the
accused may be found not guilty only by reason of lack of mental responsibility
pursuant to paragraph (c) only if the military judge or summary court-martial
officer determines that the defense of lack of mental responsibility has been
established.
(Added to NRS by 2013, 1098)
NRS 412.396 Voting; instructions; findings.
1. Voting by members of a general or
special court-martial upon questions of challenge, on the findings and on the
sentence must be by secret written ballot. The junior member of the court shall
in each case count the votes. The count must be checked by the president, who
shall forthwith announce the result of the ballot to the members of the court.
Unless a ruling is final, if any member objects thereto, the court must be
cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.
2. The military judge shall rule upon all
questions of law and all interlocutory questions arising during the
proceedings. Except as otherwise provided in this subsection, any such ruling
made by the military judge upon any question of law or any interlocutory
question other than the factual issue of mental responsibility of the accused
is final and constitutes the ruling of the court, including, without
limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438,
inclusive. During the trial, the military judge may change the ruling at any
time.
3. Before a vote is taken on the findings,
and except where a court-martial is composed of a military judge alone, the
military judge shall, in the presence of the accused and counsel, instruct the
court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be
innocent until his or her guilt is established by legal and competent evidence
beyond reasonable doubt;
(b) That in the case being considered, if there
is a reasonable doubt as to the guilt of the accused, the doubt must be
resolved in favor of the accused and he or she must be acquitted;
(c) That if there is a reasonable doubt as to the
degree of guilt, the findings must be in a lower degree as to which there is no
reasonable doubt; and
(d) That the burden of proof to establish the
guilt of the accused beyond reasonable doubt is upon the State.
4. If the court-martial is composed of a
military judge alone, he or she shall determine all questions of law and fact,
and, if the accused is convicted, adjudge an appropriate sentence. The military
judge shall make a general finding, unless requested to make a special finding
of facts. If an opinion or memorandum decision is filed, it is sufficient if
the findings of fact appear therein.
(Added to NRS by 1967, 1324; A 1973, 136; 2013, 1129)
NRS 412.398 Number of votes required.
1. No person may be convicted of an
offense, except by the concurrence of two-thirds of the members present at the
time the vote is taken.
2. All sentences shall be determined by
the concurrence of two-thirds of the members present at the time that the vote
is taken.
3. All other questions to be decided by
the members of a general or special court-martial shall be determined by a
majority vote, but a determination to reconsider a finding of guilty or to
reconsider a sentence, with a view toward decreasing it, may be made by voice
and by any lesser vote which indicates that the reconsideration is not opposed
by the number of votes required for finding or sentence. A tie vote on a
challenge disqualifies the member challenged. A tie vote on a motion for a
finding of not guilty or on a motion relating to the question of the accused’s
sanity is a determination against the accused. A tie vote on any other question
is a determination in favor of the accused.
(Added to NRS by 1967, 1325; A 2013, 1130)
NRS 412.402 Court to announce action. A
court-martial shall announce its findings and sentence to the parties as soon
as determined.
(Added to NRS by 1967, 1325)
NRS 412.404 Record of trial.
1. Each general and special court-martial
must keep a separate record of the proceedings of the trial of each case
brought before it and the record must be authenticated by the signatures of the
president and the military judge. If the record cannot be authenticated by
either the president or the military judge, by reason of his or her absence, it
must be signed by a member in lieu of him or her. If both the president and the
military judge are unavailable, the record must be authenticated by two
members. In a court-martial consisting of only a military judge, the court
reporter shall authenticate the record under the same conditions which would
impose such a duty on a member pursuant to this subsection.
2. A complete verbatim record of the
proceedings and testimony must be prepared in each general and special
court-martial case resulting in a conviction. In all other court-martial cases,
the record must contain such matters as may be prescribed by regulations.
3. Each summary court-martial must keep a
separate record of the proceedings in each case, and the record must be
authenticated in the manner as may be prescribed by regulations.
4. A copy of the record of the proceedings
of each general and special court-martial must be given to the accused as soon
as it is authenticated. If a verbatim record of trial by general court-martial
is not required by subsection 2, the accused may buy such a record in
accordance with Office regulations.
(Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611; 2013, 1130)
Sentences
NRS 412.406 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding,
marking or tattooing on the body, or any other cruel or unusual punishment, may
not be adjudged by any court-martial or inflicted upon any person subject to
this Code. The use of irons, single or double, except for the purpose of safe
custody, is prohibited.
(Added to NRS by 1967, 1325)
NRS 412.408 Punishments limited.
1. The punishments which a court-martial
may direct for an offense may not exceed limits prescribed by this Code, but a
sentence may not exceed more than confinement for 10 years for a military
offense nor can a sentence of death be adjudged. Any conviction by general
court-martial of any military offense for which an accused can receive a
sentence of confinement for more than 1 year is a felony. Except for
convictions by a summary court-martial, all other military offenses are
misdemeanors. Any conviction by a summary court-martial is not a criminal
conviction.
2. The limits of punishment for violations
of punitive articles prescribed herein must be the lesser of the sentences
prescribed by the Manual for Courts-Martial of the United States that
went into effect on January 1, 2004, and the most current edition of the State
manual for courts-martial, if any, but no punishment may exceed that authorized
by this Code.
3. None of the provisions of this Code
shall subject anyone to imprisonment for failure to pay a fine imposed by a
military court.
(Added to NRS by 1967, 1325; A 2013, 1131)
NRS 412.412 Effective date of sentence.
1. Whenever a sentence of a court-martial
as lawfully adjudged and approved includes a forfeiture of pay or allowances in
addition to confinement not suspended, the forfeiture may apply to pay or
allowances becoming due on or after the date the sentence is approved by the
convening authority. No forfeiture may extend to any pay or allowances accrued
before that date.
2. Any period of confinement included in a
sentence of a court-martial begins to run from the date the sentence is
adjudged by the court-martial but periods during which the sentence to
confinement is suspended must be excluded in computing the service of the term
of confinement. Office regulations may provide that sentences of confinement
may not be executed until approved by designated officers.
3. All other sentences of courts-martial
are effective on the date ordered executed.
(Added to NRS by 1967, 1325; A 1993, 1611)
NRS 412.414 Execution of confinement.
1. A sentence of confinement adjudged by a
military court, whether or not the sentence 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 of the forces of the Nevada National Guard or in any jail, detention
facility, penitentiary or prison designated for that purpose. Persons so
confined in a jail, detention facility, penitentiary or prison are subject to
the same discipline and treatment as persons confined or committed to the jail,
detention facility, penitentiary or prison by the courts of the State or of any
political subdivision thereof.
2. No place of confinement may require
payment of any fee or charge for so receiving or confining a person except as
otherwise provided by law.
3. The keepers, officers and wardens of
city or county jails and of other jails, detention facilities, penitentiaries
or prisons designated by the Governor, or by such person as the Governor may
authorize to act under NRS 412.276, shall:
(a) Receive persons ordered into confinement
before trial and persons committed to confinement by a military court; and
(b) Confine them according to law.
Ê A keeper,
officer or warden may not require payment of any fee or charge for so receiving
or confining a person.
(Added to NRS by 1967, 1326; A 1989, 1181; 2013, 1131)
NRS 412.4145 Deferment of service of sentence of confinement.
1. On application by an accused who is
under a sentence of confinement that has not been ordered executed, the
convening authority or, if the accused is no longer under that person’s
jurisdiction, the person exercising general court-martial jurisdiction over the
command to which the accused is currently assigned may, in the sole discretion
of that person, defer service of the sentence of confinement. The deferment
must terminate when the sentence is ordered executed. The person who granted
the deferment may rescind the deferment at any time. If the accused is no
longer under the jurisdiction of the person who granted the deferment, the
person exercising general court-martial jurisdiction over the command to which
the accused is currently assigned may rescind the deferment at any time.
2. In any case in which a court-martial
sentences an accused referred to in subsection 1 to confinement, the convening
authority may defer the service of the sentence of confinement without the
consent of the accused until after the accused has been permanently released to
the state military forces by a state, the United States or a foreign country.
3. Subsection 1 applies to a person
subject to this Code who:
(a) While in the custody of a state, the United
States or a foreign country is temporarily returned by that state, the United
States or a foreign country to the state military forces for trial by
court-martial; and
(b) After the court-martial described in
paragraph (a), is returned to that state, the United States or a foreign
country under the authority of a mutual agreement or treaty, as the case may
be.
4. In any case in which a court-martial
sentences an accused to confinement and the sentence of confinement has been
ordered executed pending review, the Adjutant General may defer further service
of the sentence of confinement while that review is pending.
5. As used in this section, the term
“state” includes any state, the District of Columbia and any commonwealth,
territory or possession of the United States.
(Added to NRS by 2013, 1099)
NRS 412.4155 Forfeiture of pay and allowances during period of confinement or
parole; waiver.
1. This section applies to any sentence
that includes:
(a) Confinement for more than 6 months; or
(b) Confinement for 6 months or less and a
dishonorable discharge, bad-conduct discharge or dismissal.
2. A sentence described in subsection 1
must result in the forfeiture of pay, or of pay and allowances, due the
sentenced serviceman or servicewoman during any period of confinement or
parole. The forfeiture required pursuant to this subsection must take effect on
the date determined under this Code and may be deferred as provided by law. In
the case of a general court-martial, all pay and allowances due the sentenced
serviceman or servicewoman during such period must be forfeited. In the case of
a special court-martial, two-thirds of all pay due the sentenced serviceman or
servicewoman during such period must be forfeited.
3. In a case involving an accused who has
dependents, the convening authority or other person acting under this Code may
waive any or all of the forfeitures of pay and allowances required by
subsection 2 for a period not to exceed 6 months. Any amount of pay or
allowances that, except for a waiver under this subsection, would be forfeited
must be paid, as the convening authority or other person taking action directs,
to the dependents of the accused.
4. If the sentence of a serviceman or
servicewoman who forfeits pay and allowances under subsection 2 is set aside or
disapproved or, as finally approved, does not provide for a punishment referred
to in subsection 1, the serviceman or servicewoman must be paid the pay and
allowances which the serviceman or servicewoman would otherwise have been paid,
except for the forfeiture, for the period during which the forfeiture was in
effect.
(Added to NRS by 2013, 1099)
NRS 412.4157 Person sentenced by court-martial may be required to take leave
under certain circumstances. Under
regulations prescribed, an accused who has been sentenced by a court-martial
may be required to take leave pending completion of any action under NRS 412.304 to 412.4495,
inclusive, if the sentence includes an unsuspended dismissal, an unsuspended
dishonorable discharge or a bad-conduct discharge. The accused may be required
to begin such leave on the date on which the sentence is approved or at any
time after such date, and such leave may be continued until the date on which
action under NRS 412.304 to 412.4495,
inclusive, is completed or may be terminated at an earlier time.
(Added to NRS by 2013, 1102)
NRS 412.416 Reduction in enlisted grade upon approval.
1. Unless otherwise provided in Office
regulations, a court-martial sentence of an enlisted member in a pay grade
above E-1, as approved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge; or
(b) Confinement,
Ê reduces that
member to pay grade E-1, effective on the date of that approval.
2. If the sentence of a member who is
reduced in pay grade under subsection 1 is set aside or disapproved, or, as
finally approved, does not include punishment named in subsection 1, the rights
and privileges of which the member was deprived because of that reduction must
be restored to him or her and he or she is entitled to the pay and allowances
to which he or she would have been entitled, for the period the reduction was
in effect, had the member not been so reduced.
(Added to NRS by 1967, 1326; A 1993, 1611; 2013, 1132)
Review of Courts-Martial
NRS 412.418 Approval and execution or suspension of sentence.
1. Except as otherwise provided in NRS 412.316 to 412.433,
inclusive, a court-martial sentence, unless suspended, may be ordered executed
by the convening authority when approved by him or her. The convening authority
shall approve the sentence or such part, amount or commuted form of the
sentence as he or she sees fit, and may suspend the execution of the sentence
as approved by him or her.
2. If the sentence of the court-martial
includes dismissal, a dishonorable discharge or a bad-conduct discharge and if
the right of the accused to appellate review is not waived and an appeal is not
withdrawn, that part of the sentence extending to dismissal, a dishonorable
discharge or a bad-conduct discharge must not be executed until there is a
final judgment as to the legality of the proceedings. A judgment as to the
legality of the proceedings is final in such cases when review is completed by
an appellate court prescribed in NRS 412.432, and
is deemed final by the law of the state where judgment was had.
3. If the sentence of the court-martial
includes dismissal, a dishonorable discharge or a bad-conduct discharge and if
the right of the accused to appellate review is waived or an appeal is
withdrawn, the dismissal, dishonorable discharge or bad-conduct discharge may
not be executed until review of the case by the senior force judge advocate and
any action on that review is completed. The convening authority or other person
acting on the case under the Code when so approved under this section may order
any other part of a court-martial sentence executed immediately.
(Added to NRS by 1967, 1326; A 2013, 1132)
NRS 412.422 Reporting of findings and sentence to convening authority;
submission of matters for consideration by accused; modification of findings
and sentence by convening authority; action on sentence; proceeding in revision
or rehearing; initial review by convening authority; review of record and
opinion by State Judge Advocate.
1. The findings and sentence of a
court-martial must be reported promptly to the convening authority after the
announcement of the sentence.
2. The accused may submit to the convening
authority matters for consideration by the convening authority with respect to
the findings and the sentence. Any such submission must be in writing. Except
in a summary court-martial case, such a submission must be made within 10 days
after the accused has been given an authenticated record of trial under
subsection 4 and, if applicable, the recommendation of a judge advocate. In a
summary court-martial case, such a submission must be made within 7 days after
the sentence is announced.
3. If the accused shows that additional
time is required for the accused to submit such matters, the convening
authority or other person taking action under this section, for good cause, may
extend the applicable period under subsection 2 for not more than an additional
20 days.
4. In a summary court-martial case, the
accused must be promptly provided a copy of the record of trial for use in
preparing a submission authorized by subsection 2.
5. The accused may waive the right to make
a submission to the convening authority under subsection 2. Such a waiver must
be made in writing and may not be revoked. For the purposes of subsection 7,
the time within which the accused may make a submission pursuant to this
subsection shall be deemed to have expired upon the submission of such a waiver
to the convening authority.
6. The convening authority has sole
discretion to modify the findings and sentence of a court-martial pursuant to
this section. If it is impractical for the convening authority to act, the
convening authority shall forward the case to a person exercising general
court-martial jurisdiction who may take action under this section.
7. Action on the sentence of a
court-martial must be taken by the convening authority or by another person
authorized to act under this section. The convening authority or other person
authorized to take such action may do so only after consideration of any
matters submitted by the accused pursuant to subsection 2 or after the time for
submitting such matters expires, whichever is earlier. The convening authority
or other person taking such action may approve, disapprove, commute or suspend
the sentence in whole or in part.
8. The convening authority or other person
authorized to act on the sentence of a court-martial may, in the person’s sole
discretion:
(a) Dismiss any charge or specifications by
setting aside a finding of guilty;
(b) Change a finding of guilty on a charge or
specification to a finding of guilty on an offense that is a lesser included
offense of the offense stated in the charge or specification; or
(c) Refrain from taking any such action.
9. Before acting under this section on any
general or special court-martial case in which there is a finding of guilt, the
convening authority or other person taking action under this section shall
obtain and consider the written recommendation of a judge advocate. The
convening authority or other person taking action under this section shall
refer the record of trial to the judge advocate, and the judge advocate shall
use such record in the preparation of the recommendation. The recommendation of
the judge advocate must include such matters as may be prescribed by regulation
and must be served on the accused, who may submit any matter in response
pursuant to subsection 2. By failing to object in the response to the
recommendation or to any matter attached to the recommendation, the accused
waives the right to object thereto.
10. The convening authority or other
person taking action under this section, in the person’s sole discretion, may
order a proceeding in revision or a rehearing if there is an apparent error or
omission in the record or if the record shows improper or inconsistent action
by a court-martial with respect to findings or sentence that can be rectified
without material prejudice to the substantial rights of the accused. In no
case, however, may a proceeding in revision:
(a) Reconsider a finding of not guilty of any
specification or a ruling which amounts to a finding of not guilty;
(b) Reconsider a finding of not guilty of any
charge, unless there has been a finding of guilty under a specification laid
under that charge, which sufficiently alleges a violation of some article of
this Code; or
(c) Increase the severity of the sentence unless
the sentence prescribed for the offense is mandatory.
11. The convening authority or other
person taking action under this section may order a rehearing if that person
disapproves the findings and sentences and states the reasons for disapproval
of the findings. If such person disapproves the findings and sentence and does
not order a rehearing, that person shall dismiss the charges. The convening authority
or other person taking action under this subsection may not order a rehearing
as to the findings where there is a lack of sufficient evidence in the record
to support the findings. The convening authority or other person taking action
under this subsection may order a rehearing as to the sentence if that person
disapproves the sentence.
12. After a trial by court-martial the
record shall be forwarded to the convening authority, as reviewing authority,
and action thereon may be taken by the person who convened the court, a
commissioned officer commanding for the time being, a successor in command or
by the Governor.
13. The convening authority shall refer
the record of each general court-martial to the State Judge Advocate, who shall
submit his or her written opinion thereon to the convening authority. If the
final action of the court has resulted in an acquittal of all charges and
specifications, the opinion must be limited to questions of jurisdiction.
(Added to NRS by 1967, 1327; A 2013, 1133)
NRS 412.423 Withdrawal by accused of appeal or right to appeal.
1. In each case subject to appellate
review pursuant to NRS 412.422, the accused may
file with the convening authority a statement expressly withdrawing the right
of the accused to such appeal. Such a withdrawal must be signed by both the accused
and defense counsel and must be filed in accordance with appellate procedures
as provided by law.
2. The accused may withdraw an appeal at
any time in accordance with appellate procedures as provided by law.
(Added to NRS by 2013, 1100)
NRS 412.424 Reconsideration and revision of court’s ruling.
1. If a specification before a
court-martial has been dismissed on motion and the ruling does not amount to a
finding of not guilty, the convening authority may return the record to the
court for reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or
omission in the record or where the record shows improper or inconsistent
action by a court-martial with respect to a finding or sentence which can be
rectified without material prejudice to the substantial rights of the accused,
the convening authority may return the record to the court for appropriate
action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not
guilty of any specification, or a ruling which amounts to a finding of not
guilty;
(b) For reconsideration of a finding of not
guilty of any charge, unless the record shows a finding of guilty under a
specification laid under that charge, which sufficiently alleges a violation of
some section of this Code; or
(c) For increasing the severity of the sentence
unless the sentence prescribed for the offense is mandatory.
(Added to NRS by 1967, 1327)
NRS 412.426 Rehearing: Members of court; conditions.
1. If the convening authority disapproves
the findings and sentence of a court-martial he or she may, except where there
is lack of sufficient evidence in the record to support the findings, order a
rehearing. In such a case the convening authority shall state the reasons for
disapproval. If the convening authority disapproves the findings and sentence
and does not order a rehearing, he or she shall dismiss the charges.
2. Each rehearing shall take place before
a court-martial composed of members not members of the court-martial which
first heard the case. Upon a rehearing the accused may not be tried for any
offense of which he or she was found not guilty by the first court-martial, and
no sentence in excess of or more severe than the original sentence may be
imposed, unless the sentence is based upon a finding of guilty of an offense
not considered upon the merits in the original proceedings, or unless the
sentence prescribed for the offense is mandatory. If the sentence approved
after the first court-martial was in accordance with a pretrial agreement and
the accused at the rehearing changes a plea with respect to the charges or
specifications upon which the pretrial agreement was based or otherwise does
not comply with the pretrial agreement, the approved sentence as to those
charges or specifications may include any punishment not in excess of that
lawfully adjudged at the first court-martial.
(Added to NRS by 1967, 1327; A 2013, 1134)
NRS 412.428 Approval by convening authority. In
acting on the findings and sentence of a court-martial, the convening authority
may approve only such findings of guilty, and the sentence or such part or
amount of the sentence, as he or she finds correct in law and fact and as the
convening authority in his or her discretion determines should be approved.
Unless he or she indicated otherwise, approval of the sentence is approval of
the findings and sentence.
(Added to NRS by 1967, 1327)
NRS 412.431 Review by senior force judge advocate upon finding of guilt in
general and special court-martial cases; record of case sent for action to
Adjutant General; authority of Adjutant General; authority of senior force
judge advocate to send record of case to Governor for review and action; review
by senior force judge advocate upon finding of not guilty.
1. The senior force judge advocate or his
or her designee shall review each general and special court-martial case in
which there has been a finding of guilty. The senior force judge advocate or
designee may not review a case under this subsection if that person has acted
in the same case as an accuser, investigating officer, member of the court,
military judge or counsel or has otherwise acted on behalf of the prosecution
or defense. The review of the senior force judge advocate or designee must be
in writing and must contain the following:
(a) Conclusions as to whether:
(1) The court has jurisdiction over the
accused and the offense;
(2) The charge and specification stated an
offense; and
(3) The sentence was within the limits
prescribed by law.
(b) A response to each allegation of error made
in writing by the accused.
(c) If the case is sent for action pursuant to
subsection 2, a recommendation as to the appropriate action to be taken and an
opinion as to whether corrective action is required as a matter of law.
2. The record of trial and related
documents in each case reviewed under subsection 1 must be sent for action to
the Adjutant General if:
(a) The senior force judge advocate who reviewed
the case recommends corrective action;
(b) The sentence approved includes dismissal, a
bad-conduct discharge, dishonorable discharge or confinement for more than 6
months; or
(c) Such action is otherwise required by
regulations of the Adjutant General.
3. The Adjutant General may:
(a) Disapprove or approve the findings or
sentence, in whole or in part;
(b) Remit, commute or suspend the sentence in
whole or in part;
(c) Except where the evidence was insufficient at
the trial to support the findings, order a rehearing on the findings or on the
sentence, or both; or
(d) Dismiss the charges.
4. If a rehearing is ordered but the
convening authority finds a rehearing impracticable, the convening authority
shall dismiss the charges.
5. If the opinion of the senior force
judge advocate or designee, in the review under subsection 1, is that
corrective action is required as a matter of law and if the Adjutant General
does not take action that is at least as favorable to the accused as that
recommended by the senior force judge advocate or designee, the record of trial
and action thereon must be sent to the Governor for review and action as deemed
appropriate.
6. The senior force judge advocate or his
or her designee may review any case in which there has been a finding of not
guilty of all charges and specifications. The senior force judge advocate or
designee may not review a case under this subsection if that person has acted
in the same case as an accuser, investigating officer, member of the court,
military judge or counsel or has otherwise acted on behalf of the prosecution
or defense. The senior force judge advocate or designee shall limit any review
under this subsection to questions of subject matter jurisdiction as that
jurisdiction is set forth in NRS 412.256.
7. The record of trial and related
documents in each case reviewed under subsection 6 must be sent for action to
the Adjutant General.
8. The Adjutant General may:
(a) When subject matter jurisdiction is found to
be lacking, void the court-martial ab initio, with or without prejudice to the
government, as the Adjutant General deems appropriate; or
(b) Return the record of trial and related
documents to the senior force judge advocate for appeal by the government as
provided by law.
(Added to NRS by 2013, 1101)
NRS 412.432 Review of records; disposition.
1. Except as otherwise required by this
section, all records of trial and related documents must be transmitted and
disposed of as prescribed by regulation and provided by law.
2. If the convening authority is the
Governor, his or her action on the review of any record of trial is final.
3. In all other cases not covered by
subsection 2, if the sentence of a special court-martial as approved by the
convening authority includes a bad-conduct discharge, whether or not suspended,
the entire record must be sent to the appropriate staff judge advocate or legal
officer of the state force concerned to be reviewed in the same manner as a
record of trial by general court-martial. The record and the opinion of the
staff judge advocate or legal officer must then be sent to the State Judge
Advocate for review.
4. All other special and summary
court-martial records must be sent to the law specialist or legal officer of
the appropriate force of the Nevada National Guard and must be acted upon,
transmitted and disposed of as may be prescribed by Office regulations.
5. The State Judge Advocate shall review
the record of trial in each case sent to him or her for review as provided
under subsection 4. If the final action of the court-martial has resulted in an
acquittal of all charges and specifications, the opinion of the State Judge
Advocate must be limited to questions of jurisdiction.
6. The State Judge Advocate shall take
final action in any case reviewable by him or her.
7. In a case reviewable by the State Judge
Advocate under this section, the State Judge Advocate may act only with respect
to the findings and sentence as approved by the convening authority. The State
Judge Advocate may affirm only such findings of guilty, and the sentence or
such part or amount of the sentence, as he or she finds correct in law and fact
and determines, on the basis of the entire record, should be approved. In
considering the record he or she may weigh the evidence, judge the credibility
of witnesses and determine controverted questions of fact, recognizing that the
trial court saw and heard the witnesses. If the State Judge Advocate sets aside
the findings and sentence, he or she may, except where the setting aside is
based on lack of sufficient evidence in the record to support the findings,
order a rehearing. If the State Judge Advocate sets aside the findings and
sentence and does not order a rehearing, he or she shall order that the charges
be dismissed.
8. In a case reviewable by the State Judge
Advocate under this section, he or she shall instruct the convening authority
to act in accordance with his or her decision on the review. If the State Judge
Advocate has ordered a rehearing but the convening authority finds a rehearing
impracticable, he or she may dismiss the charges.
9. The State Judge Advocate may order one
or more boards of review each composed of not less than three commissioned
officers of the Nevada National Guard, each of whom must be a member of the
State Bar of Nevada. Each board of review shall review the record of any trial
by special court-martial, including a sentence to a bad-conduct discharge,
referred to it by the State Judge Advocate. Boards of review have the same
authority on review as the State Judge Advocate has under this section.
(Added to NRS by 1967, 1328; A 1993, 1612; 2013, 1135)
NRS 412.433 Representation of government and accused upon appeal.
1. The senior force judge advocate shall
detail a judge advocate as appellate government counsel to represent the State
in the review or appeal of cases specified in NRS
412.432 and before any federal or state court when requested to do so by
the Attorney General. Appellate counsel representing the government must be
members in good standing of the State Bar of Nevada.
2. Upon an appeal by the State of Nevada,
an accused has the right to be represented by detailed military counsel before
any reviewing authority and before any appellate court.
3. Upon the appeal by an accused, the
accused has the right to be represented by military counsel before any
reviewing authority.
4. Upon the request of an accused entitled
to be so represented, the senior force judge advocate shall appoint a judge
advocate to represent the accused in the review or appeal of cases specified in
subsections 2 and 3.
5. An accused may be represented by
civilian appellate counsel at no expense to the State.
(Added to NRS by 2013, 1102)
NRS 412.434 Error of law; lesser included offense.
1. A finding or sentence of a
court-martial may not be held incorrect on the ground of an error of law unless
the error materially prejudices the substantial rights of the accused.
2. Any reviewing authority with the power
to approve or affirm a finding of guilty may approve or affirm so much of the
finding as includes a lesser included offense.
(Added to NRS by 1967, 1328)
NRS 412.436 Counsel for accused at review.
1. Upon the final review of a sentence of
a general court-martial or of a sentence to a bad-conduct discharge, the
accused has the right to be represented by counsel before the reviewing
authority, before the staff judge advocate or legal officer, as the case may
be, and before the State Judge Advocate.
2. Upon the request of an accused entitled
to be so represented, the State Judge Advocate shall appoint a lawyer who is a
member of the Nevada National Guard and who has the qualifications prescribed
in NRS 412.336, if available, to represent the
accused before the reviewing authority, before the staff judge advocate or
legal officer, as the case may be, and before the State Judge Advocate, in the
review of cases specified in subsection 1 of this section.
3. If provided by him or her, an accused
entitled to be so represented may be represented by civilian counsel before the
reviewing authority, before the staff judge advocate or legal officer, as the
case may be, and before the State Judge Advocate.
(Added to NRS by 1967, 1329)
NRS 412.437 Procedure applicable to appeal from decision of court-martial. Decisions of a court-martial are from a court
with jurisdiction to issue felony convictions, and appeals are to the court
provided by the law of the state in which the court-martial was held. Appeals
are to be made to courts of the state where a court-martial is held only after
the exhaustion of the review conducted pursuant to NRS
412.418 to 412.438, inclusive. The appellate
procedures to be followed must be those provided by law for the appeal of
criminal cases thereto.
(Added to NRS by 2013, 1102)
NRS 412.4375 Appeals by State.
1. In a trial by court-martial in which a
punitive discharge may be adjudged, the State may not appeal a finding of not
guilty with respect to the charge or specification by the members of the
court-martial, or by a judge in a bench trial, provided that the finding is not
made in reconsideration of a sentence or a finding of guilty. The State may
appeal the following:
(a) An order or ruling of the military judge
which terminates the proceedings with respect to a charge or specification;
(b) An order or ruling which excludes evidence
that is substantial proof of a fact material to the proceeding;
(c) An order or ruling which directs the
disclosure of classified information;
(d) An order or ruling which imposes sanctions
for nondisclosure of classified information;
(e) A refusal of the military judge to issue a
protective order sought by the State to prevent the disclosure of classified
information; and
(f) A refusal by the military judge to enforce an
order described in paragraph (e) that has been previously issued by appropriate
authority.
2. An appeal of an order or ruling by the
State may not be taken unless the trial counsel provides the military judge
with written notice of appeal from the order or ruling within 72 hours after
the order or ruling. Such notice must include a certification by the trial
counsel that the appeal is not taken for the purpose of delay and, if the order
or ruling appealed is one which excludes evidence, that the evidence excluded
is substantial proof of a fact material in the proceeding.
3. The State must diligently prosecute an
appeal under this section as provided by law.
4. An appeal under this section must be
forwarded to the court prescribed in this Code. In ruling on an appeal under
this section, the court may act only with respect to matters of law.
5. Any period of delay resulting from an
appeal under this section must be excluded in deciding any issue regarding
denial of a speedy trial unless an appropriate authority determines that the
appeal was filed solely for the purpose of delay with the knowledge that it was
totally frivolous and without merit.
(Added to NRS by 2013, 1100)
NRS 412.438 Vacation of suspension of sentence.
1. Before the vacation of the suspension
of a special court-martial sentence which as approved includes a bad-conduct
discharge, or of any general court-martial sentence, the officer having special
court-martial jurisdiction over the probationer shall hold a hearing on the
alleged violation of probation. The probationer shall be represented at the
hearing by counsel if he or she so desires.
2. The record of the hearing and the
recommendation of the officer having special court-martial jurisdiction shall
be sent for action to the Governor in cases involving a general court-martial
sentence and to the commanding officer of the force of the Nevada National
Guard of which the probationer is a member in all other cases covered by
subsection 1. If the Governor or commanding officer vacates the suspension, any
unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence
may be vacated by any authority competent to convene, for the command in which
the accused is serving or assigned, a court of the kind that imposed the
sentence.
(Added to NRS by 1967, 1329)
NRS 412.442 Petition for new trial. At
any time within 2 years after approval by the convening authority of a
court-martial sentence which extends to dismissal, dishonorable or bad-conduct
discharge, the accused may petition the Governor for a new trial on ground of
newly discovered evidence or fraud on the court-martial.
(Added to NRS by 1967, 1329)
NRS 412.444 Remission and suspension of sentence; substitution of
administrative discharge.
1. A convening authority may remit or
suspend any part or amount of the unexecuted part of any sentence, including
all uncollected forfeitures.
2. The Governor may, for good cause,
substitute an administrative form of discharge for a discharge or dismissal
executed in accordance with the sentence of a court-martial.
(Added to NRS by 1967, 1329)
NRS 412.446 Restoration of rights; substitution of discharge; reappointment.
1. Under Office regulations, all rights,
privileges and property affected by an executed part of a court-martial
sentence which has been set aside or disapproved, except an executed dismissal
or discharge, must be restored unless a new trial or rehearing is ordered and
such executed part is included in a sentence imposed upon the new trial or
rehearing.
2. If a previously executed sentence of
dishonorable or bad-conduct discharge is not imposed on a new trial, the
Governor shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the remainder of his
or her enlistment.
3. If a previously executed sentence of
dismissal is not imposed on a new trial, the Governor shall substitute therefor
a form of discharge authorized for administrative issue, and the commissioned
officer dismissed by that sentence may be reappointed by the Governor alone to
such commissioned grade and with such rank as in the opinion of the Governor that
former officer would have attained had he or she not been dismissed. The
reappointment of such former officer may be made if a position vacancy is
available under applicable tables of organization. All time between the
dismissal and the reappointment must be considered as service for all purposes.
(Added to NRS by 1967, 1329; A 1993, 1613)
NRS 412.448 Finality of proceedings, findings and sentence. The proceedings, findings and sentences of
court-martial as reviewed and approved, as required by this Code, and all
dismissals and discharges carried into execution under sentences by
court-martial following review and approval, as required by this Code, are
final and conclusive. Orders publishing the proceedings of court-martial and
all action taken pursuant to those proceedings are binding upon all
departments, courts, agencies and officers of the State, subject only to action
upon a petition for a new trial as provided in NRS
412.442.
(Added to NRS by 1967, 1330)
NRS 412.4485 Provisions applicable to person determined to be incompetent;
notification of convening authority upon determination that person no longer
incompetent; convening authority to take custody of person no longer
incompetent; exceptions.
1. Unless otherwise stated in this
section, in the case of a person determined pursuant to NRS
412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715, inclusive, are applicable.
References to the court in NRS 178.3981
to 178.4715, inclusive, and to the
judge of such court, shall be deemed to refer to the convening authority having
authority to convene a general court-martial for that person. However, if the
person is no longer subject to this Code at a time relevant to the application
to the person of the relevant provisions of NRS
178.3981 to 178.4715, inclusive,
the state trial court with felony jurisdiction in the county where the person
is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the
court that ordered the commitment of the person.
2. When the director of a facility in
which a person is hospitalized pursuant to the actions taken by the convening
authority having authority to convene a general court-martial for that person
determines that the person is able to understand the nature of the proceedings
against the person and to conduct or cooperate intelligently in the defense of
the case, the director shall promptly transmit a notification of that
determination to the convening authority having authority to convene a general
court-martial for the person, the person’s counsel and the authority having
custody of the person. The authority having custody of the person may retain
custody of the person for not more than 30 days after receiving notification
that the person has recovered to such an extent that the person is able to
understand the nature of the proceedings against the person and to conduct or
cooperate intelligently in the defense of the case.
3. Upon receipt of a notification pursuant
to subsection 2, the convening authority having authority to convene a general
court-martial for the person shall promptly take custody of the person unless
the person to which the notification applies is no longer subject to this Code.
If the person is no longer subject to this Code, the state trial court with
felony jurisdiction in the county where the person is committed or otherwise
may be found may take any action within the authority of that court that the
court considers appropriate regarding the person.
(Added to NRS by 2013, 1102)
NRS 412.449 Person found not guilty by reason of lack of mental
responsibility: Commitment to facility; hearing on mental condition of person;
commitment upon finding of mental illness.
1. If a person is found by a court-martial
not guilty by reason of lack of mental responsibility or not guilty only by
reason of lack of mental responsibility, the person must be committed to a
suitable facility until the person is eligible for release through the
procedures specified in NRS 178.467 to 178.471, inclusive.
2. The court-martial must conduct a
hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of
the hearing must be made to the convening authority having authority to convene
a general court-martial for the person.
3. If the court-martial finds by clear and
convincing evidence that the person is a person with mental illness, the
convening authority having authority to convene a general court-martial for the
person shall commit the person to the custody of a suitable facility until the
person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.
4. Except as otherwise provided by law,
the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a
person committed to the custody of a suitable facility pursuant to this
section, except that the convening authority having authority to convene a
general court-martial for the person shall be considered the court that ordered
the person’s commitment.
(Added to NRS by 2013, 1103)
NRS 412.4495 Rights of person whose mental condition is subject of hearing. At a hearing ordered pursuant to NRS 412.4485 or 412.449,
the person whose mental condition is the subject of the hearing must be
represented by counsel and, if the person is financially unable to obtain
adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a
court-martial or pursuant to NRS 171.188
if the hearing is conducted by a court of this State. The person must be
afforded an opportunity to testify, to present evidence, to subpoena witnesses
on his or her behalf, and to confront and cross-examine witnesses who appear at
the hearing.
(Added to NRS by 2013, 1103)
Punitive Provisions
NRS 412.452 Trial or punishment for offense committed while on duty. No person may be tried or punished for any
offense provided for in NRS 412.454 to 412.558, inclusive, unless it was committed while the
person was in a duty status.
(Added to NRS by 1967, 1330; A 2013, 1136)
NRS 412.454 Principal. Any
person subject to this Code who:
1. Commits an offense punishable by this
Code, or aids, abets, counsels, commands or procures its commission; or
2. Causes an act to be done which if
directly performed by him or her would be punishable by this Code,
Ê is a
principal.
(Added to NRS by 1967, 1330)
NRS 412.456 Accessory after fact. Any
person subject to this Code who, knowing that an offense punishable by this
Code has been committed, receives, comforts or assists the offender in order to
hinder or prevent his or her apprehension, trial or punishment shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1330)
NRS 412.458 Conviction of lesser included offense. An
accused may be found guilty of an offense necessarily included in the offense
charged or of an attempt to commit either the offense charged or an offense
necessarily included therein.
(Added to NRS by 1967, 1330)
NRS 412.462 Attempt.
1. An act done with specific intent to
commit an offense under this Code, amounting to more than mere preparation and
tending even though failing to effect its commission, is an attempt to commit
that offense.
2. Any person subject to this Code who
attempts to commit any offense punishable by this Code shall be punished as a
court-martial may direct, unless otherwise specifically prescribed.
3. Any person subject to this Code may be
convicted of an attempt to commit an offense although it appears on the trial
that the offense was consummated.
(Added to NRS by 1967, 1330)
NRS 412.464 Conspiracy. Any
person subject to this Code who conspires with any other person to commit an
offense under this Code shall, if one or more of the conspirators does an act
to effect the object of the conspiracy, be punished as a court-martial may
direct.
(Added to NRS by 1967, 1330)
NRS 412.466 Solicitation.
1. Any person subject to this Code who
solicits or advises another or others to desert in violation of NRS 412.474 or to mutiny in violation of NRS 412.496 shall, if the offense solicited or advised
is attempted or committed, be punished with the punishment provided for the
commission of the offense; but if the offense solicited or advised is not
committed or attempted he or she shall be punished as a court-martial may
direct.
2. Any person subject to this Code who
solicits or advises another or others to commit an act of misbehavior before
the enemy in violation of NRS 412.508 or sedition
in violation of NRS 412.496 shall, if the offense
solicited or advised is committed, be punished with the punishment provided for
the commission of the offense, but if the offense solicited or advised is not
committed he or she shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS 412.468 Fraudulent enlistment, appointment or separation. Any person who:
1. Procures his or her own enlistment or
appointment in the Nevada National Guard by knowingly false representation or
deliberate concealment as to his or her qualifications for that enlistment or
appointment and receives pay or allowances thereunder; or
2. Procures his or her own separation from
the Nevada National Guard by knowingly false representation or deliberate
concealment as to his or her eligibility for that separation,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS 412.472 Unlawful enlistment, appointment or separation. Any person subject to this Code who effects an
enlistment or appointment in or a separation from the Nevada National Guard of
any person who is known to him or her to be ineligible for that enlistment,
appointment or separation because it is prohibited by law, regulation or order
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS 412.474 Desertion.
1. Any member of the Nevada National Guard
who:
(a) Without authority goes or remains absent from
his or her unit, organization or place of duty with intent to remain away
therefrom permanently;
(b) Quits his or her unit, organization or place
of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of
the forces of the Nevada National Guard enlists or accepts an appointment in
the same or another one of the forces of the Nevada National Guard, or in one
of the Armed Forces of the United States, without fully disclosing the fact
that he or she has not been regularly separated,
Ê is guilty of
desertion.
2. Any commissioned officer of the Nevada
National Guard who, after tender of his or her resignation and before notice of
its acceptance, quits his or her post or proper duties without leave and with
intent to remain away therefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or
attempt to desert shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS 412.476 Absence without leave. Any
person subject to this Code who, without authority:
1. Fails to go to his or her appointed
place of duty at the time prescribed;
2. Goes from that place; or
3. Absents himself or herself or remains
absent from his or her unit, organization or place of duty at which the person
is required to be at the time prescribed,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS 412.478 Failure to make required move. Any
person subject to this Code who through neglect or design misses the movement
of a ship, aircraft or unit with which he or she is required in the course of
duty to move shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.482 Contempt toward public officer. Any
person subject to this Code who uses contemptuous words against the President,
the Governor or the Legislature of this state, or the governor or legislature
of any state, territory, commonwealth or possession wherein that person may be
serving, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.484 Disrespect toward superior commissioned officer. Any person subject to this Code who behaves
with disrespect toward his or her superior commissioned officer shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.486 Assaulting or willfully disobeying superior commissioned
officer. Any person subject to
this Code who:
1. Strikes his or her superior
commissioned officer or draws or lifts up any weapon or offers any violence
against him or her while he or she is in the execution of his or her office; or
2. Willfully disobeys a lawful command of
his or her superior commissioned officer,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.488 Insubordinate conduct toward warrant officer or noncommissioned
officer. Any warrant officer or
enlisted member who:
1. Strikes or assaults a warrant officer
or noncommissioned officer while that officer is in the execution of his or her
office;
2. Willfully disobeys the lawful order of
a warrant officer or noncommissioned officer; or
3. Treats with contempt or is
disrespectful in language or deportment toward a warrant officer or
noncommissioned officer while that officer is in the execution of his or her
office,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.492 Failure to obey order or regulation. Any
person subject to this Code who:
1. Violates or fails to obey any lawful
general order or regulation;
2. Having knowledge of any other lawful
order issued by a member of the Nevada National Guard, which it is his or her
duty to obey, fails to obey the order; or
3. Is derelict in the performance of his
or her duties,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.494 Cruelty and maltreatment. Any
person subject to this code who is guilty of cruelty toward, or oppression or maltreatment
of, any person subject to his or her orders shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.496 Mutiny or sedition.
1. Any person subject to this Code who:
(a) With intent to usurp or override lawful
military authority refuses, in concert with any other person, to obey orders or
otherwise do his or her duty or creates any violence or disturbance is guilty
of mutiny.
(b) With intent to cause the overthrow or
destruction of lawful civil authority, creates, in concert with any other
person, revolt, violence or other disturbance against that authority is guilty
of sedition.
(c) Fails to do his or her utmost to prevent and
suppress a mutiny or sedition being committed in his or her presence, or fails
to take all reasonable means to inform his or her superior commissioned officer
or commanding officer of a mutiny or sedition which he or she knows or has
reason to believe is taking place, is guilty of a failure to suppress or report
a mutiny or sedition.
2. A person who is found guilty of
attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or
sedition shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS 412.498 Resisting arrest; escape. Any
person subject to this Code who resists apprehension or breaks arrest or who
escapes from physical restraint lawfully imposed shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1333)
NRS 412.502 Releasing prisoner without proper authority. Any person subject to this Code who, without
proper authority, releases any prisoner committed to his or her charge, or who
through neglect or design suffers any such prisoner to escape, shall be
punished as a court-martial may direct, whether or not the prisoner was
committed in strict compliance with law.
(Added to NRS by 1967, 1333)
NRS 412.504 Unlawful detention. Any
person subject to this Code who, except as provided by law or regulation,
apprehends, arrests or confines any person shall be punished as a court-martial
may direct.
(Added to NRS by 1967, 1333)
NRS 412.506 Noncompliance with procedural rules. Any
person subject to this Code who:
1. Is responsible for unnecessary delay in
the disposition of any case of a person accused of an offense under this Code;
or
2. Knowingly and intentionally fails to
enforce or comply with any provision of this Code regulating the proceedings
before, during or after trial of an accused,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
NRS 412.508 Misbehavior before enemy. Any
person subject to this Code who before or in the presence of the enemy:
1. Runs away;
2. Shamefully abandons, surrenders or
delivers up any command, unit, place or military property which it is his or
her duty to defend;
3. Through disobedience, neglect or
intentional misconduct endangers the safety of any such command, unit, place or
military property;
4. Casts away his or her arms or
ammunition;
5. Is guilty of cowardly conduct;
6. Quits his or her place of duty to
plunder or pillage;
7. Causes false alarms in any command,
unit or place under control of the Armed Forces of the United States or the
organized militia;
8. Willfully fails to do his or her utmost
to encounter, engage, capture or destroy any enemy troops, combatants, vessels,
aircraft or any other thing, which it is his or her duty so to encounter,
engage, capture or destroy; or
9. Does not afford all practicable relief
and assistance to any troops, combatants, vessels or aircraft of the Armed
Forces belonging to the United States or their allies, to this state or to any
other state, when engaged in battle,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
NRS 412.512 Subordinate compelling surrender. Any
person subject to this Code who compels or attempts to compel the commander of
any force of the Nevada National Guard or of the National Guard of any other
state to give it up to an enemy or to abandon it, or who strikes the colors or
flag to any enemy without proper authority, shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1333)
NRS 412.514 Improper use of countersign. Any
person subject to this Code who in time of war discloses the parole or
countersign to any person not entitled to receive it, or who gives to another
who is entitled to receive and use the parole or countersign a different parole
or countersign from that which, to his or her knowledge, he or she was
authorized and required to give shall be punished as a court-martial may
direct.
(Added to NRS by 1967, 1333)
NRS 412.516 Forcing safeguard. Any
person subject to this Code who forces a safeguard shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.518 Improper use of captured or abandoned property.
1. All persons subject to this Code shall
secure all public property taken from the enemy for the service of the United
States, and shall give notice and turn over to the proper authority without
delay all captured or abandoned property in their possession, custody or
control.
2. Any person subject to this Code who:
(a) Fails to carry out the duties prescribed in
subsection 1;
(b) Buys, sells, trades or in any way deals in or
disposes of captured or abandoned property, whereby he or she receives or
expects any profit, benefit or advantage to himself or herself or another
directly or indirectly connected with himself or herself; or
(c) Engages in looting or pillaging,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.522 Aiding enemy. Any
person subject to this Code who:
1. Aids, or attempts to aid, the enemy
with arms, ammunition, supplies, money or other things; or
2. Without proper authority, knowingly
harbors or protects or gives intelligence to, or communicates or corresponds
with or holds any intercourse with the enemy, either directly or indirectly,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.524 Misconduct as prisoner. Any
person subject to this Code who, while in the hands of the enemy in time of
war:
1. For the purpose of securing favorable
treatment by his or her captors acts without proper authority in a manner
contrary to law, custom or regulation, to the detriment of others of whatever
nationality held by the enemy as civilian or military prisoners; or
2. While in a position of authority over
such persons maltreats them without justifiable cause,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.5245 Spying. Any person
who in time of war is found lurking as a spy or acting as a spy in or about any
place, vessel or aircraft within the control or jurisdiction of any of the
Armed Forces of the United States or in or about any shipyard, any
manufacturing or industrial plant or any other place or institution engaged in
work in aid of the prosecution of the war by the United States or elsewhere
must be tried by a general court-martial.
(Added to NRS by 2013, 1104)
NRS 412.5255 Communication, delivery or transmittal of object or information
to foreign government or entity.
1. Any person subject to this Code who,
with intent or reason to believe that it is to be used to the injury of the
United States or to the advantage of a foreign nation, directly or indirectly
communicates, delivers or transmits, or attempts to communicate, deliver or transmit,
any object or information to any entity shall be punished as a court-martial
may direct.
2. A person accused pursuant to this
section must be given broad latitude to present matters in extenuation and
mitigation.
3. Findings made pursuant to this section
may be based on evidence introduced on the issue of guilt or innocence, and
evidence introduced during the sentencing proceeding.
4. As used in this section:
(a) “Entity” means:
(1) A foreign government;
(2) A faction, party or military or naval
force within a foreign country, whether recognized or unrecognized by the
United States; or
(3) A representative, officer, agent,
employee, subject or citizen of a government, faction, party or force that is
described in subparagraph (1) or (2).
(b) “Object or information” includes, without
limitation, a document, writing, code book, signal book, sketch, photograph,
photolineart negative, blueprint, plan, map, model, note, instrument, appliance
or other information relating to national defense.
(Added to NRS by 2013, 1104)
NRS 412.526 Making false official statement. Any
person subject to this Code who, with intent to deceive, signs any false
record, return, regulation, order or other official document, knowing it to be
false, or makes any other false official statement knowing it to be false,
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.528 Loss, damage, destruction or wrongful disposition of military
property. Any person subject to
this Code who, without proper authority:
1. Sells or otherwise disposes of;
2. Willfully or through neglect damages,
destroys or loses; or
3. Willfully or through neglect suffers to
be lost, damaged, destroyed, sold or wrongfully disposed of,
Ê any military
property of the United States or of the State shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1334)
NRS 412.532 Waste, spoilage or destruction of property other than military. Any person subject to this Code who, while in
a duty status, willfully or recklessly wastes, spoils or otherwise willfully
and wrongfully destroys or damages any property other than military property of
the United States or of the State shall be punished as a court-martial may
direct.
(Added to NRS by 1967, 1334)
NRS 412.534 Improper hazarding of vessel.
1. Any person subject to this Code who
willfully and wrongfully hazards or suffers to be hazarded any vessel of the
Armed Forces of the United States or of the Nevada National Guard shall be
punished as a court-martial may direct.
2. Any person subject to this Code who
negligently hazards or suffers to be hazarded any vessel of the Armed Forces of
the United States or of the Nevada National Guard shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.536 Drunken or reckless driving. Any
person subject to this Code who operates any vehicle while drunk, or in a
reckless or wanton manner, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.538 Drunk on duty; sleeping on post; leaving post before relief. Any person subject to this Code who is found
drunk on duty or sleeping upon his or her post, or who leaves his or her post
before he or she is regularly relieved, shall be punished as a court-martial
may direct.
(Added to NRS by 1967, 1335)
NRS 412.5385 Use, possession, manufacture, distribution, importation or
exportation of illegal or controlled substances.
1. Any person subject to this Code who
wrongfully uses, possesses, manufactures, distributes, imports into customs
territory of the United States, exports from the United States or introduces
into an installation, vessel, vehicle or aircraft used by or under the control
of the Armed Forces of the United States or of any state military forces a
substance described in subsection 2 shall be punished as a court-martial may
direct.
2. The substances referred to in
subsection 1 include, without limitation:
(a) Opium, heroin, cocaine, amphetamine, lysergic
acid diethylamide, methamphetamine, phencyclidine, barbituric acid and
marijuana, and any compound or derivative of any such substance.
(b) Any substance not specified in paragraph (a)
that is listed in a schedule of controlled substances prescribed by the
President of the United States for the purposes of the Uniform Code of Military
Justice of the Armed Forces of the United States, 10 U.S.C. §§ 801 et seq.
(c) Any other substance not referenced pursuant
to paragraph (a) or (b) and that is listed in schedules I to V, inclusive, of
21 U.S.C. § 812.
(Added to NRS by 2013, 1104)
NRS 412.542 Dueling. Any person
subject to this Code who fights or promotes, or is concerned in or connives at
fighting a duel, or who, having knowledge of a challenge sent or about to be
sent, fails to report the fact promptly to the proper authority shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.544 Malingering. Any
person subject to this Code who for the purpose of avoiding work duty or
service in the Nevada National Guard:
1. Feigns illness, physical disablement,
mental lapse or derangement; or
2. Intentionally inflicts self-injury,
Ê shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.546 Riot or breach of peace. Any
person subject to this Code who causes or participates in any riot or breach of
the peace shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.548 Provoking words or gestures. Any
person subject to this Code who uses provoking or reproachful words or gestures
towards any other person subject to this Code shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.5485 Sexual assault and sexual misconduct.
1. Any person subject to this Code who
engages in or causes nonconsensual sexual contact with or by another person,
without legal justification or lawful authorization, is guilty of sexual
assault or sexual misconduct and shall be punished by way of nonjudicial
punishment or as a court-martial may direct.
2. Neither consent nor mistake of fact as
to consent is an affirmative defense in a prosecution for sexual assault or
sexual misconduct.
3. In a prosecution under this section, in
proving that the accused made a threat, it need not be proven that the accused
actually intended to carry out the threat.
4. As used in this section:
(a) “Nonconsensual” means:
(1) Using force against the other person
before consent or to gain consent;
(2) Causing grievous bodily harm to a person;
(3) Threatening or placing a person in
fear to gain consent;
(4) Rendering a person unconscious;
(5) Administering to a person by force or
threat of force, or without the knowledge or permission of that person, a drug,
intoxicant or other similar substance and thereby substantially impairing the
ability of that other person to appraise or control conduct;
(6) Receiving verbal nonconsent before the
act; or
(7) Lack of permission given.
(b) “Sexual contact” means the intentional
touching, either directly or through the clothing, of the genitalia, anus,
groin, breast, inner thigh or buttocks of another person or intentionally
causing another person to touch, either directly or through the clothing, the
genitalia, anus, groin, breast, inner thigh or buttocks of any person, with an
intent to abuse, humiliate or degrade any person or to arouse or gratify the
sexual desire of any person.
(Added to NRS by 2013, 1105)
NRS 412.549 Stalking.
1. Any person subject to this Code:
(a) Who wrongfully engages in a course of conduct
directed at a specific person that would cause a reasonable person to fear
death or bodily harm, including, without limitation, sexual assault, to himself
or herself or a member of his or her immediate family;
(b) Who has knowledge or should have knowledge
that the specific person will be placed in reasonable fear of death or bodily
harm, including, without limitation, sexual assault, to himself or herself or a
member of his or her immediate family; and
(c) Whose acts induce reasonable fear in the
specific person of death or bodily harm, including sexual assault, to himself
or herself or a member of his or her immediate family,
Ê is guilty of
stalking and shall be punished as a court-martial may direct.
2. As used in this section:
(a) “Course of conduct” means a repeated:
(1) Maintenance of visual or physical
proximity to a specific person; or
(2) Conveyance of verbal threats, written
threats or threats implied by conduct or a combination of such threats,
directed at or toward a specific person.
(b) “Immediate family,” in the case of a specific
person, means a spouse, parent, child or sibling of that person or any other
family member, relative or intimate partner of the person who regularly resides
in the household of the person or who regularly engages in contact with the
person.
(c) “Repeated,” with respect to conduct, means
two or more occasions of such conduct.
(Added to NRS by 2013, 1105)
NRS 412.5495 Larceny and wrongful appropriation.
1. Any person subject to this Code who
wrongfully takes, obtains or withholds by any means, from the possession of the
owner or of any other person, any money, personal property or article of value
of any kind:
(a) With intent permanently to deprive or defraud
another person of the use and benefit of property or to appropriate it to his
or her own use or the use of any person other than the owner, steals that
property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud
another person of the use and benefit of property or to appropriate it to his
or her own use or the use of another person other than the owner, is guilty of
wrongful appropriation.
2. Any person found guilty of larceny or
wrongful appropriation shall be punished as a court-martial may direct.
(Added to NRS by 2013, 1106)
NRS 412.5505 Extortion. Any
person subject to this Code who communicates threats to another person with the
intention thereby to obtain anything of value or any acquaintance, advantage or
immunity is guilty of extortion and shall be punished as a court-martial may
direct.
(Added to NRS by 2013, 1106)
NRS 412.5515 Assault and aggravated assault. Any
person subject to this Code who:
1. Attempts or offers with unlawful force
or violence to do bodily harm to another person, whether or not the attempt or
offer is consummated, is guilty of assault and shall be punished as a
court-martial may direct.
2. Commits an assault and intentionally
inflicts grievous bodily harm with or without a weapon is guilty of aggravated
assault and shall be punished as a court-martial may direct.
(Added to NRS by 2013, 1106)
NRS 412.552 Stealing goods of less than $100 value. Any
person subject to this Code who wrongfully and fraudulently takes and carries
away the personal goods of another, of the value of less than $100, with intent
to steal it, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.554 Perjury. Any person
subject to this Code who in a judicial proceeding or in a course of justice
conducted under this Code willfully and corruptly gives, upon a lawful oath or
in any form allowed by law to be substituted for an oath, any false testimony
material to the issue or matter of inquiry is guilty of perjury and shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.556 Fraud against the government. Any
person subject to this Code:
1. Who, knowing it to be false or
fraudulent:
(a) Makes any claim against the United States,
the State or any officer thereof; or
(b) Presents to any person in the civil or
military service thereof, for approval or payment, any claim against the United
States, the State or any officer thereof;
2. Who, for the purpose of obtaining the
approval, allowance or payment of any claim against the United States, the
State or any officer thereof:
(a) Makes or uses any writing or other paper
knowing it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing
or other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any
writing or other paper, or uses any such signature knowing it to be forged or
counterfeited;
3. Who, having charge, possession, custody
or control of any money or other property of the United States or the State,
furnished or intended for the Armed Forces of the United States or the Nevada
National Guard or any force thereof, knowingly delivers to any person having
authority to receive it any amount thereof less than that for which he or she
receives a certificate or receipt; or
4. Who, being authorized to make or
deliver any paper certifying the receipt of any property of the United States
or the State, furnished or intended for the Armed Forces of the United States
or the Nevada National Guard or any force thereof, makes or delivers to any
person such writing without having full knowledge of the truth of the
statements therein contained and with intent to defraud the United States or
the State,
Ê shall upon
conviction, be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS 412.558 Conduct unbecoming an officer. Any
commissioned officer who is convicted of conduct unbecoming an officer shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1336; A 1975, 800)
NRS 412.562 Disorder and neglect prejudicing good order and discipline;
jurisdiction of certain crimes reserved to civil court. Though not specifically mentioned in this
Code, all disorders and neglects to the prejudice of good order and discipline
in the Nevada National Guard of which persons subject to this Code may be
guilty must be taken cognizance of by a general, special or summary
court-martial, according to the nature and degree of the offense, and shall be
punished at the discretion of that court. However, cognizance may not be taken
and jurisdiction may not be extended to the crimes of murder, manslaughter,
sexual assault, larceny and wrongful appropriation for value of $100 and over,
robbery, mayhem, arson, extortion, assault, burglary or invasion of the home,
jurisdiction of which is reserved to civil courts, except as otherwise provided
in NRS 412.322.
(Added to NRS by 1967, 1336; A 1977, 1635; 1989, 1454; 1997, 1615; 2013, 1174)
Miscellaneous Provisions
NRS 412.564 Court of inquiry.
1. Courts of inquiry to investigate any
matter may be convened by the governor or by any other person designated by the
Governor for that purpose, whether or not the persons involved have requested
such an inquiry.
2. A court of inquiry consists of three or
more commissioned officers. For each court of inquiry the convening authority
shall also appoint counsel for the court.
3. Any person subject to this Code whose
conduct is subject to inquiry must be designated as a party. Any person subject
to this Code or employed in the office who has a direct interest in the subject
of inquiry has the right to be designated as a party upon request of the court.
Any person designated as a party must be given due notice and has the right to
be present, to be represented by counsel, to cross-examine witnesses and to
introduce evidence.
4. Members of a court of inquiry may be
challenged by a party, but only for cause stated to the court.
5. The members, counsel, the reporter and
interpreters of courts of inquiry shall take an oath of affirmation to
faithfully perform their duties.
6. Witnesses may be summoned to appear and
testify and be examined before courts of inquiry, as provided for
courts-martial.
7. Court of inquiry shall make findings of
fact but may not express opinions or make recommendations unless required to do
so by the convening authority.
8. Each court of inquiry shall keep a
record of its proceedings, which must be authenticated by the signatures of the
president and counsel for the court and forwarded to the convening authority.
If the record cannot be authenticated by the president, it must be signed by a
member in lieu of the president. If the record cannot be authenticated by the
counsel for the court, it must be signed by a member in lieu of the counsel.
(Added to NRS by 1967, 1336; A 1993, 1613)
NRS 412.5645 Administration of oaths.
1. The following persons may administer
oaths for the purposes of military administration, including military justice:
(a) Any judge advocate;
(b) Any summary court-martial;
(c) Any adjutant, assistant adjutant, acting
adjutant and personnel adjutant;
(d) Any commanding officer of the naval militia;
and
(e) Any other person so designated by regulations
of the Armed Forces of the United States or by the laws of this State.
2. The following persons may administer
oaths necessary in the performance of their duties:
(a) The president, military judge and trial
counsel for all general and special courts-martial;
(b) The president and the counsel for the court
of any court of inquiry;
(c) Any officer designated to take a deposition;
(d) Any person detailed to conduct an
investigation;
(e) Any recruiting officer; and
(f) Any other person so designated by regulations
of the Armed Forces of the United States or by the laws of this State.
3. The signature without seal of any
person, together with the title of his or her office, is prima facie evidence
of the authority of that person.
(Added to NRS by 2013, 1106)
NRS 412.566 Explanation of certain sections; availability of Code and
regulation.
1. This section and NRS
412.254, 412.2545, 412.256,
412.263, 412.266 to 412.302, inclusive, 412.332,
412.336, 412.362, 412.406, 412.452 to 412.556, inclusive, 412.568
and 412.572 must be carefully explained to every
enlisted member:
(a) At the time of his or her enlistment or
transfer or induction into any of the state military forces or within 30 days
thereafter;
(b) At the time of his or her being ordered to
duty in or with any of the state military forces or within 30 days thereafter.
2. The sections set forth in subsection 1
must also be explained annually to each unit of the state military forces.
3. A complete text of this Code and Office
regulations thereunder must be made available to any member of the militia,
upon his or her request, for his or her personal examination.
(Added to NRS by 1967, 1337; A 1993, 1614; 2013, 1136)
NRS 412.568 Complaint against commanding officer. Any
member of the state military forces who believes himself or herself wronged by
his or her commanding officer, and who, upon due application to that commanding
officer, is refused redress, may complain to any superior commissioned officer,
who shall forward the complaint to the officer exercising general court-martial
jurisdiction over the officer against whom the complaint is made. The officer
exercising general court-martial jurisdiction shall examine the complaint and
take proper measures for redressing the wrong complained of and shall, as soon
as possible, send to the Adjutant General a true statement of that complaint,
with the proceedings had thereon.
(Added to NRS by 1967, 1337; A 2013, 1136)
NRS 412.572 Redress of injuries to property.
1. Whenever complaint is made to any
commanding officer that willful damage has been done to the property of any
person or that his or her property has been wrongfully taken by members of the
Nevada National Guard, he or she may, subject to Office regulations, convene a
board to investigate the complaint. The board must consist of from one to three
officers and, for the purpose of that investigation, it has power to summon
witnesses and examine them upon oath or affirmation, to receive depositions or
other documentary evidence, and to assess the damages sustained against the
responsible parties. The assessment of damages made by the board is subject to
the approval of the commanding officer, and in the amount approved by him or
her must be charged against the pay of the offenders. The order of the
commanding officer directing charges herein authorized is conclusive, except as
provided in subsection 3, on any disbursing officer for the payment by him or
her to the injured parties of the damages so assessed and approved.
2. If the offenders cannot be ascertained,
but the organization or detachment to which they belong is known, charges totaling
the amount of damages assessed and approved may be paid to the injured parties
from the military fund of the unit or units of the Nevada National Guard to
which such offenders belong.
3. Any person subject to this Code who is
accused of causing willful damage to property has the right to be represented
by counsel, to summon witnesses in his or her behalf and to cross-examine those
appearing against him or her. He or she has the right to appeal to the next
higher commander.
(Added to NRS by 1967, 1337; A 1993, 1614)
NRS 412.574 Process of military courts.
1. In the Nevada National Guard not in
federal service, military courts are empowered to issue all process and
mandates, including writs and warrants, necessary and proper to carry into full
effect the powers vested in such courts. Such process and mandates may be
directed to the provost marshal, the sheriff of any county, and the constables
and marshals of any town or city. All officers to whom such process or mandates
are directed shall execute the same and make return of their acts thereunder
according to the requirements of the same.
2. The keepers and wardens of all city,
county and city, and county jails shall receive the bodies of persons committed
by the process or mandate of a military court and confine them in the manner
prescribed by law.
3. Except as otherwise specially provided
in this Code, no fees or charges of any nature shall be demanded or required to
be paid by the State, or any military court or member thereof, or by the person
executing its mandate or process, or by any public officer for receiving,
executing or returning any such process or mandate, or for any service in
connection therewith, or for receiving or confining the person in jail or
custody thereunder.
(Added to NRS by 1967, 1338)
NRS 412.576 Payment and disposition of fine.
1. For the purpose of collecting fines or
penalties imposed by a court-martial, the president of any general or special
court-martial and the summary court officer of any summary court-martial shall
make a list of all fines and penalties and of the persons against whom they
have been imposed, and may thereafter issue a warrant under his or her hand
directed to any sheriff or constable of the county, commanding him or her to
levy and collect such fines, together with the costs, upon and out of the
property of the person against whom the fine or penalty was imposed.
2. Such warrant shall be executed and
renewed in the same manner as executions from Justice Courts are executed and
renewed.
3. The amount of such a fine may be noted
upon any state roll or account for pay of the delinquent and deducted from any
pay or allowance due or thereafter to become due him or her, until the fine is
liquidated. Any sum so deducted shall be turned in to the military court which
imposed the fine and shall be paid over by the officer receiving it in like
manner as provided for other fines and moneys collected under a sentence of a
summary court-martial.
4. All fines collected shall be paid by
the officer collecting the same to the commanding officer of the organization
of which the person fined is or was a member and accounted for by the
commanding officer in the same manner as are other state funds.
5. Fines imposed by a military court or
through imposition of nonjudicial punishment may be paid to the State and
delivered to the court or imposing officer, or to a person executing their
process. Fines may be collected in the following manner:
(a) By cash or money order;
(b) By retention of any pay or allowances due or
to become due to the person fined from any state or the United States; or
(c) By garnishment or levy, together with costs,
on the wages, goods and chattels of a person delinquent in paying a fine, as
provided by law.
(Added to NRS by 1967, 1338; A 2013, 1136)
NRS 412.578 Immunity for action of military courts.
1. No action or proceeding may be
prosecuted against the convening authority or a member of a military court or
officer or person acting under its authority or reviewing its proceedings
because of the approval, imposition or execution of any sentence or the
imposition or collection of a fine or penalty, or the execution of any process
or mandate of a military court.
2. All persons acting under the provisions
of this Code, whether as a member of the military or as a civilian, are immune
from any personal liability for any of the acts or omissions which they
performed or failed to perform as part of their duties under this Code.
(Added to NRS by 1967, 1338; A 2013, 1137)
NRS 412.582 Presumption of jurisdiction. The
jurisdiction of the military courts and boards established by this Code shall
be presumed and the burden of proof rests on any person seeking to oust those
courts or boards of jurisdiction in any action or proceeding.
(Added to NRS by 1967, 1338)
NRS 412.583 Uniformity of construction. This
Code shall be so construed as to effectuate its general purpose to make it
uniform, so far as practical, with the Uniform Code of Military Justice, 10
U.S.C. §§ 801 et seq.
(Added to NRS by 2013, 1107)
NRS 412.5835 Severability. The
provisions of this Code are hereby declared independent and severable and the
invalidity, if any, or part or feature thereof shall not affect or render the
remainder of such Code invalid or inoperative.
(Added to NRS by 2013, 1107)
NRS 412.584 Delegation of authority by Governor; exceptions. The Governor may delegate any authority vested
in him or her under this Code, and may provide for the subdelegation of any
such authority, except with respect to the power given the Governor by NRS 412.316 and 412.324.
(Added to NRS by 1967, 1338)
UNLAWFUL ACTS AND PENALTIES
NRS 412.588 Repossession of military property by State; penalty for failure
to deliver or resistance to repossession.
1. When the Governor or Adjutant General
orders the return to the State of any arms, equipment, military stores or other
military property belonging to the State, or for which the State is
responsible, such arms and military property shall be delivered immediately to
the officer authorized in the order to receive it, who shall give a receipt for
the property and describe its condition in the receipt. If the property
mentioned in the order is not promptly delivered as directed, the officer named
in the order may take immediate possession of the same in the name of the
State.
2. Any person who fails to deliver
military property as prescribed by subsection 1 or resists any officer in the
performance of the duty required of him or her by subsection 1 is guilty of a
misdemeanor.
(Added to NRS by 1967, 1339)
NRS 412.592 Unlawful transfer of military property. It
is unlawful for any officer in charge of public property for military use to
transfer any portion thereof, either as a loan or permanently, without the
authority of the Governor or Adjutant General.
(Added to NRS by 1967, 1339)
NRS 412.594 Unlawful wearing of uniform or insigne. It
is unlawful for any member of the Nevada National Guard to wear, when on or off
duty, any uniform or any device, strap, knot or insigne of any design or
character used as a designation of grade, rank or office, such as are by law or
regulation, duly promulgated, prescribed for the use of the Nevada National
Guard without the permission of his or her commanding officer.
(Added to NRS by 1967, 1339)
NRS 412.596 Wearing of uniform without authority; penalty.
1. The Nevada National Guard shall be
uniformed as the United States Army or United States Air Force, respectively,
are uniformed, except that the authorized shoulder patch of the Nevada National
Guard will be worn on the left shoulder of the outer garment.
2. Whoever, in any place within the
jurisdiction of this state, without authority, wears the uniform of the Nevada
National Guard or a distinctive part thereof or anything similar to a
distinctive part thereof is guilty of a misdemeanor.
(Added to NRS by 1967, 1339)
NRS 412.598 Arrest of trespasser or disturber; penalty for certain sales and
gambling.
1. Any person who trespasses upon any
armory, arsenal, camp, range, base or other facility of the Nevada National
Guard or other place where any unit of the Nevada National Guard is performing
military duty, including training, or who in any way or manner interrupts or
molests the discharge of military duties by any member of the Nevada National
Guard or of the Armed Forces of the United States or who trespasses or prevents
the passage of troops of the Nevada National Guard or of the Armed Forces of
the United States in the performance of their military duties may:
(a) Be placed in arrest by the commanding
officer, or his or her designated representative, of the unit performing such
military duty at the place where the offense is committed and may be held in
arrest during the continuance of the performance of such military duty, but not
to exceed 12 hours; and
(b) Be subject to arrest and punishment by a
court of competent jurisdiction for a breach of the peace.
2. The commanding officer or his or her
designated representative, of any unit of the Nevada National Guard performing
military duty in or at any armory, arsenal, camp, range, base or other facility
of the Nevada National Guard or other place where such unit is performing
military duty may prohibit persons who hawk, peddle, vend or sell goods, wares,
merchandise, food products or beverages upon the streets and highways from
conducting sales or auctions, and may prohibit all gambling within the limits
of such armory, arsenal, camp, range, base or other facility of the Nevada National
Guard or other place where such unit is performing military duty or within such
limits not exceeding 1 mile therefrom as he or she may prescribe. Such
commanding officer may in his or her discretion abate as common nuisances all
such sales, auctions and gambling.
3. Nothing in subsection 2 applies to
licensed gambling establishments located within 1 mile of the facilities
designated in subsection 2.
4. Any person violating any provision of
subsection 2 by conducting prohibited sales, auctions or gambling is guilty of
a misdemeanor.
(Added to NRS by 1967, 1339)
NRS 412.602 Right-of-way on public street and highway; penalty for
interference. The Nevada National
Guard in the performance of its military duties has the right-of-way over any
persons or vehicles on any public street or highway of this state, except
United States mail carriers, fire apparatus and other emergency vehicles. Any
person who hinders or delays, or obstructs, the Nevada National Guard in the
performance of its military duties is guilty of a misdemeanor.
(Added to NRS by 1967, 1340)
NRS 412.604 Unlawful drill or parade with arms by voluntary company or
voluntary organization without license; drill or parade by students with
consent of Governor; penalty.
1. It is unlawful for any body of persons
whatever, other than the Nevada National Guard and the troops of the United
States, to associate themselves together as a volunteer military company or
volunteer military organization to drill or parade with arms in any city or town
of this state, without the license of the Governor, which license may at any
time be revoked.
2. Students in educational institutions
where military science is a part of the course of instruction may, with the
consent of the Governor, drill and parade with arms in public under the
superintendence of their instructor.
3. Nothing contained in this section shall
be construed so as to prevent members of benevolent or social organizations
from wearing swords.
4. Any person violating any of the
provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1967, 1340; A 1975, 800; 2013, 1137)
NRS 412.606 Discrimination against member of National Guard; penalty.
1. No person, firm, association,
corporation or state or local governmental entity may, by any constitution,
rule, bylaw, resolution, vote, regulation, order or other action, discriminate
against any member of the Nevada National Guard because of his or her
membership therein.
2. Any person who willfully aids in
enforcing any such constitution, rule, bylaw, resolution, vote, regulation,
order or other action against any member of the Nevada National Guard is guilty
of a misdemeanor.
(Added to NRS by 1967, 1340; A 1985, 758)
