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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
the state pursuant to this compact and while going to and returning from duty pursuant to this
compact. (5) Each party state providing for the payment of compensation and death benefits
to injured members and the representatives of deceased members of the National Guard forces
in case its members sustain injuries or are killed within their own state shall provide for
the payment of compensation and death benefits in the same manner and on the same terms in
the event the members sustain injury or are killed while rendering assistance or support
pursuant to this compact. The benefits and compensation shall be deemed items of expense reimbursable
pursuant to subdivision (3) of this article. ARTICLE VI This compact shall not be construed
to prevent the Governor of a party state from delegating any of his or her responsibility
or authority respecting the National Guard, provided that the delegation is in accordance
with law; for purposes of this compact, however, the Governor shall...
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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
an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov
cocktail; or any other device which is substantially similar to these devices. b. Any type
of weapon by whatever name known which will or may be readily converted to expel a projectile
by the action of an explosive or other propellant, through a barrel which has a bore diameter
of more than one-half inch in diameter. The term shall not include a pistol, rifle, or shotgun
suitable for sporting or personal safety purposes or ammunition; a device which, although
originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic,
line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given
by authority of the appropriate official of the United States Department of Defense. c. A
weapon of mass destruction. d. A bacteriological weapon or biological weapon. e. A combination
of parts either designed or intended for use in converting any...
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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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