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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
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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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
the running of any statute of limitations applicable to any offense under this code is suspended
until two years after the termination of hostilities as proclaimed by the President or by
a joint resolution of Congress if the offense: (1) Involves fraud or attempted fraud against
the United States, any state, or any agency of either in any manner, whether by conspiracy
or not. (2) Is 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.
(3) Is 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 the war, or with
any disposition of termination inventory by any war contractor or government agency. (e)(1)
If charges or specifications are dismissed as defective or insufficient...
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