31-2A-18
Section 31-2A-18 (Article 18.) Jurisdiction of general courts-martial. Subject to Section 31-2A-17
(Article 17), general courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and, under such limitations as the Governor
may prescribe, may adjudge any punishment not forbidden by this code. (Act 2012-334, p. 790,
§1.)...
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31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), 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. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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31-2A-19
Section 31-2A-19 (Article 19.) Jurisdiction of special courts-martial. Subject to Section 31-2A-17
(Article 17), special courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and under such limitations as the Governor may
prescribe, may adjudge any punishment not forbidden by this code except dishonorable discharge,
dismissal, confinement for more than six months, forfeiture of pay exceeding 24 days, which
must be completed within one year. (Act 2012-334, p. 790, §1.)...
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31-2A-17
Section 31-2A-17 (Article 17.) Jurisdiction of courts-martial in general. Each component of
the Alabama National Guard has court-martial jurisdiction over all members of the particular
component who are subject to this code. The Adjutant General maintains court-martial convening
authority over members of either component subject to this code. (Act 2012-334, p. 790, §1;
Act 2017-260, §1.)...
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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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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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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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31-2A-135
Section 31-2A-135 (Article 135.) Courts of inquiry. (a) Courts of inquiry to investigate any
matter of concern to the state military forces may be convened by any person authorized to
convene a general court-martial, whether or not the persons involved have requested such an
inquiry. (b) 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. (c) Any
person subject to this code whose conduct is subject to inquiry shall be designated as a party.
Any person subject to this code who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel, to
cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may
be challenged by a party, but only for cause stated to the court. (e) The...
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31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who
is under sentence to 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 that person's sole discretion defer service of the sentence to confinement. The deferment
shall terminate when the sentence is ordered executed. The deferment may be rescinded at any
time by the person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person exercising general court-martial jurisdiction over the command to which the
accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
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