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31-2A-24
Section 31-2A-24 (Article 24.) Who may convene summary court-martial. (a) Summary courts-martial
may be convened by any one of the following: (1) Any person who may convene a general or special
courts-martial. (2) The commanding officer of a battalion, or corresponding unit of the Army.
(3) The commanding officer of a detached squadron or other detachment, or corresponding unit
of the Air Force. (4) The commanding officer or officer in charge of any other command when
empowered by the Adjutant General. (b) When only one commissioned officer is present with
a command or detachment that officer shall be the summary court-martial of that command or
detachment and shall hear and determine all summary courts-martial cases. Summary court-martial,
however, may be convened in any case by superior competent authority if considered desirable
by the authority. (Act 2012-334, p. 790, §1.)...
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31-2-38
Section 31-2-38 When officers, enlisted men, etc., deemed to be "in the active
military or naval service of the state." The armed forces of the state ordered into the
service of the state for the enforcement of the law, the preservation of the peace, or for
the security of the rights and lives of citizens or protection of property in aid and relief
of citizens in disaster, or any similar duty, or any other service that the Governor may for
specific reasons so designate, shall be deemed to be in the active military or naval service
of the state. Officers, warrant officers, and enlisted personnel employed under orders of
the Governor or of the Adjutant General in recruiting, making tours of instruction, inspection
of troops, armories, storehouses, campsites, rifle ranges, and military property, sitting
on general, special, and summary courts-martial and deck courts, boards of examination, courts
of inquiry, or boards of officers making and assisting in physical examinations shall be...
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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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31-2-88
Section 31-2-88 Pay and subsistence for National Guard and Naval Militia in active military
or naval service of state. Officers, warrant officers, and enlisted personnel of the National
Guard and Naval Militia, when employed in the active military or naval service of the state,
as defined and provided in this chapter, are entitled to pay for such service, which will
begin on the day of assembly at the armories or other designated places and will continue
until the day of return thereto and proper relief. Fractional parts of a day will count as
a full day. The reckoning of a day will be from midnight to the subsequent midnight. Pay of
officers, warrant officers and enlisted personnel of the National Guard shall be that rate
now or hereafter authorized by the Department of Defense for members of the regular Armed
Forces of the United States while the National Guard is on active military service for the
state, but no member paid under the provisions of this section shall be paid less than...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The
trial counsel of a general or special court-martial shall prosecute in the name of the state,
and, under the direction of the court, shall prepare the record of the proceedings. (b)(1)
The accused has the right to be represented in defense before a general or special court-martial
or at an investigation under Section 31-2A-32 (Article 32) as provided in this subsection.
(2) The accused may be represented by civilian counsel at the provision and expense of the
accused. (3) The accused may be represented by either of the following: a. By military counsel
detailed under Section 31-2A-27 (Article 27). b. By military counsel of the accused's
own selection if that counsel is reasonably available as determined under subdivision (7).
(4) If the accused is represented by civilian counsel, military counsel detailed or selected
under subdivision (3) shall act as associate counsel unless excused at the request of...
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13A-11-75.1
Section 13A-11-75.1 Pistol permit for retired military personnel. (a) The words retired
military veteran as used in this section, unless the context clearly requires a different
meaning, means only those persons who are retirees from active duty in the Army, or the Navy,
or the Marine Corps, or the Air Force, or the Coast Guard of the United States or any reserve
or National Guard component thereof. (b) Any retired military veteran who meets the conditions
for issuance of a pistol permit pursuant to Section 13A-11-75 shall be eligible to
obtain the pistol permit without paying a fee for the permit. Upon approval of the pistol
permit application, the pistol permit shall be issued by the sheriff of the county in which
the veteran resides upon presentation by the retired military veteran of the United States
government issued Veteran Identification Card or a DD-214 Proof of Military Service form and
sufficient proof that the person is a military retiree. The retired military veteran shall...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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31-12-6
Section 31-12-6 Compensation for local government employees called into active duty.
The governing body of any local governmental entity in this state may provide for any public
employee of the entity who is called into active service in the Armed Forces of the United
States during the war on terrorism which commenced in September 2001, to receive from his
or her employer compensation in an amount which is equal to the difference between the lower
active duty military pay and the higher public employment salary which he or she would have
received if not called to active service. The amount of compensation which may be paid under
this section to a local public employee called into active service may be paid for
a period as determined by the local governing body under rules and regulations for processing
claims for and payments of the compensation promulgated and implemented by the local governing
body. (Act 2002-430, p. 1123, §6.)...
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31-2-118
Section 31-2-118 Right of National Guard members, etc., under indictment, etc., for
injuries to persons or property incurred during performance of duties to change of venue of
trial. Any civil or military officer or member of the National Guard or any person lawfully
aiding them in the performance of any duty required under the provisions of this chapter,
indicted or sued for any injury to person or property in endeavoring to perform such duty,
shall have the right, and upon motion of such person, it is hereby made the duty of the court
in which such indictment or suit is pending or sued, to remove the trial of the indictment
or suit to some county, free from exception, other than that in which the indictment was found
or injury done. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §173; Acts 1973,
No. 1038, p. 1572, §124.)...
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31-2A-43
Section 31-2A-43 (Article 43.) Statute of limitations. (a) Except as otherwise provided
in this article, a person charged with any offense is not liable to be tried by courts-martial
or punished under Section 31-2A-15 (Article 15) if the offense was committed more than
12 months before the receipt of sworn charges and specifications by an officer exercising
court-martial jurisdiction over the command or before the imposition of punishment under Section
31-2A-15 (Article 15). (b) Periods in which the accused is absent without authority or fleeing
from justice shall be excluded in computing the period of limitation prescribed in this article.
(c) Periods in which the accused was absent from territory in which the state has the authority
to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy,
shall be excluded in computing the period of limitation prescribed in this article. (d) When
the United States is at war, the running of any statute of...
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