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31-2A-134
Section 31-2A-134 (Article 134.) General article. Though not specifically mentioned
in this code, all disorders and neglects to the prejudice of good order and discipline in
the state military forces and all conduct of a nature to bring discredit upon the state military
forces shall be taken cognizance of by a court-martial and punished at the discretion of a
military court. However, where a crime constitutes an offense that violates both this code
and the criminal laws of the state where the offense occurs or criminal laws of the United
States, jurisdiction of the military court must be determined in accordance with Section
31-2A-2(b) (Article 2(b)). (Act 2012-334, §1.)...
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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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31-11-2
Section 31-11-2 National Guard Mutual Assistance Counter-Drug Activities Compact. The
National Guard Mutual Assistance Counter-Drug Activities Compact is enacted into law and entered
with all other jurisdictions mutually adopting the compact in the form substantially as follows:
NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT ARTICLE I As used in this
compact, the following words shall have the following meanings: 1. DEMAND REDUCTION. Providing
available National Guard personnel, equipment, support, and coordination to federal, state,
local and civil organizations, institutions, and agencies for the purposes of the prevention
of drug abuse and the reduction in the demand for illegal drugs. 2. DRUG INTERDICTION AND
COUNTER-DRUG COMPACT ACTIVITIES. The use of National Guard personnel, while not in federal
service, in any law enforcement support compact activities that are intended to reduce the
supply or use of illegal drugs in the United States. These compact activities...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who
comes under this article by operation of law shall contribute to the Judicial...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and
Section 36-19-2.1, the following words shall have the following meanings: (1) BACTERIOLOGICAL
WEAPON or BIOLOGICAL WEAPON. A device which is designed in a manner to permit the intentional
release onto any person, into the population or environment of microbial, or other biological
agents or toxins or viral agents whatever their origin or method of production in a manner
not otherwise authorized by law or any device the development, production, or stockpiling
of which is prohibited pursuant to the "Convention on the Prohibition of the Development,
Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,"
26 U.S.T. 583, TIAS 8063. The microbial or biological agents or viral agents shall include,
but not be limited to, any of the following: Anthrax or any variation thereof, smallpox or
any variation thereof. (2) CONVICTION. An adjudication of guilt of or a plea of...
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31-2A-3
Section 31-2A-3 (Article 3.) Jurisdiction to try certain personnel. (a) Each person
discharged from the state military forces who is later charged with having fraudulently obtained
a discharge is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial
on that charge and is, after apprehension, subject to this code while in custody under the
direction of the state military forces 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. (b) No person who has deserted from the state military forces may
be relieved from amenability to the jurisdiction of this code by virtue of a separation from
any later period of service. (Act 2012-334, p. 790, §1.)...
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31-2A-110
Section 31-2A-110 (Article 110.) Improper hazarding of vessel. (a) 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 any state military forces shall suffer such punishment
as a court-martial may direct. (b) 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 any state
military forces shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
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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-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject
to this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (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. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
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31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the
context otherwise requires, the following words have the following meanings: (1) ACCUSER.
A person who signs and swears to charges, any person who directs that charges nominally be
signed and sworn to by another, and any other person who has an interest other than an official
interest in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person
who is enrolled in or attending a state military academy, a regional training institute, or
any other formal education program for the purpose of becoming a commissioned officer in the
state military forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following
requirements: a. Any information or material that has been determined by an official of the
United States or any state pursuant to law, an Executive order, or regulation to require protection
against unauthorized disclosure for reasons of national or state security. b....
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