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31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces 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 subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to 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...
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31-2A-85
Section 31-2A-85 (Article 85.) Desertion. (a) Any member of the Alabama National Guard who
does any of the following is guilty of desertion: (1) Without authority goes or remains absent
from his or her unit, organization, or place of duty with intent to remain away permanently.
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty
or to shirk important service. (3) Without being regularly separated from the Alabama National
Guard, enlists or accepts an appointment in the same or another one of the state military
forces, 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, or enters any foreign armed service except
when authorized by the United States. (b) Any commissioned officer of the Alabama 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...
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35-10-70
Section 35-10-70 Definitions. As used in this chapter, the following terms have the following
meanings: (1) ACTIVE DUTY. Full-time duty in the active military service of the United States.
Active duty includes full-time training duty, annual training duty, and attendance, while
in the active military service, at a school designated as a military service school by law
or by the secretary of the military department concerned. Active duty does not include full-time
national guard duty. (2) MILITARY SERVICE. Any of the following: a. Active duty. b. If the
service member is a member of the Alabama National Guard, service under a call to active service
authorized by the President or the Secretary of Defense of the United States for a period
of more than 30 consecutive days under ยง32 USC 502(f) to respond to a national emergency
declared by the President of the United States and supported by federal money. c. A period
during which the service member is absent from active duty because of...
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15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but
are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which punishment by
fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the
geographical boundaries of this state in another state of the United States of America which
is punishable by fine, imprisonment, or death and which results in personal injury or death
to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331
of Title 18, United States Code, committed outside of the United States,...
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31-12-5
Section 31-12-5 Compensation for state employees, etc., called into active duty. In addition
to any other benefits provided in this chapter, any state employee or any employee of a public
educational entity in this state who is called into active service in any of the Armed Forces
of the United States during the war on terrorism which commenced in September 2001, shall
receive from his or her employer department or agency compensation in an amount which is equal
to the difference between the lower active duty military pay and the higher public salary
which he or she would have continued to receive if not called to active service. The amount
of compensation required to be paid to an employee called into active service under this section
shall be paid for the duration of the active military service, the length of which shall be
determined by the Adjutant General of the Alabama National Guard, from the date of activation
and shall be paid from funds appropriated to the employer. The...
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31-2-83
Section 31-2-83 Laws applicable to militia when in active service of state; jurisdiction and
powers of courts-martial as to offenses thereunder; imposition of death penalty; imprisonment.
Whenever any portion of the militia shall be called into the active service of the state to
execute the law, suppress a riot or insurrection, repel invasion, protect lives and property,
or in aid and relief of citizens in disaster, the law, including the Uniform Code of Military
Justice, the Acts of Congress, and rules and regulations of the Department of Defense and
the regulations prescribed for the United States Armed Forces shall be enforced and regarded
as a part of this chapter until the forces shall be duly relieved from such duty. As to offenses
committed when such laws are so in force, courts-martial shall possess, in addition to the
jurisdiction and power of sentence and punishment vested in them by this chapter, all additional
jurisdiction and power of sentence and punishment exercised by...
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31-2-58
Section 31-2-58 Adjutant General - Qualifications; appointment; term; commission; rank; powers
and duties generally; seal. The head of the Military Department shall be a commissioned officer
of the National Guard of Alabama and shall be designated as the Adjutant General. He shall
be designated and assigned to duty as the Adjutant General by the Governor and shall serve
as Adjutant General at the pleasure of the Governor. He may be commissioned as an officer
on the state staff, in the Adjutant General's office, and he may have such rank as is now
or may hereafter be provided for an officer of the state staff, Adjutant General's office,
under the provisions of the National Defense Act and Department of Defense regulations promulgated
thereunder. The officer of the National Guard of Alabama assigned to duty by the Governor
as the Adjutant General may be commissioned by the Governor as a general officer in the National
Guard of Alabama, with the consent of the Senate. The Adjutant General...
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31-2-60
Section 31-2-60 Organization of Military Department; qualifications, appointment, rank, etc.,
of employees of department; applicability of Merit System to department officers and employees.
The Adjutant General may have to assist him or her in performance of his or her duties and
to perform the various duties of the Military Department such number of officers and employees
as may be approved by the Governor, officers, and employees appointed by the Adjutant General
subject to the approval of the Governor and subject to the Merit System wherever applicable
if the appointments are approved by the Governor. The department organization may include
the positions of deputy adjutant general, the number of assistant adjutants general for army
that are authorized by National Guard Bureau rules and regulations, an assistant adjutant
general for air, a state property and disbursing officer, and a military executive officer.
The Merit System shall be applicable to all officers and employees of the...
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31-2-67
Section 31-2-67 Annual report by Adjutant General to Governor. On or before December 1 next
preceding the beginning of each regular session of the Legislature of Alabama, the Adjutant
General shall prepare and submit to the Governor a report covering the functioning of the
State Military Department during the period since the last previous such report and ending
September 30 of the year in which the report is submitted, which report shall be transmitted
by the Governor to the Legislature for its information and consideration. The report shall
include the number and condition of all arms and equipment belonging to the state or in the
custody of the state for the use of the Alabama National Guard and Naval Militia, statistics
pertaining to the strength and organization of the Alabama National Guard, Naval Militia,
and State Militia, information concerning armories, arsenals, warehouses, and similar structures
and establishments, a detailed report of all funds and moneys received and...
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36-27-4
Section 36-27-4 Membership - Generally; denial of membership; absence from service; military
service. (a) The membership of the retirement system shall be composed as follows: (1) All
persons who shall become employees after October 1, 1945, shall become members of the retirement
system as a condition of their employment. (2) Any person who is an employee on October 1,
1945, shall become a member as of that date unless, within a period of 90 days next following,
such employee shall file with the Board of Control on a form prescribed by the board a notice
of his or her election not to be covered in the membership of the system and a duly executed
waiver of all present and prospective benefits which would otherwise inure to him or her on
account of his or her membership in the retirement system. (3) An employee whose membership
in the retirement system is contingent on his or her own election and who elects not to become
a member may thereafter apply for and be admitted to membership...
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