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-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-45
Section 31-2A-45 (Article 45.) Pleas of the accused. (a) If an accused after arraignment makes
an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,
or if it appears that the accused has entered the plea of guilty improvidently or through
lack of understanding of its meaning and effect, or if the accused fails or refuses to plead,
a plea of not guilty shall be entered in the record, and the court shall proceed as though
the accused had pleaded not guilty. (b) With respect to any charge or specification to which
a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial
without a military judge, a finding of guilty of the charge or specification may be entered
immediately without vote. This finding shall constitute the finding of the court unless the
plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings
shall continue as though the accused had pleaded not...
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31-2-102
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses. All expenses
incurred in court-martial proceedings, including the payment of a reporter, sheriff's fees
for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment
of officers and the judge advocate of the court, shall be paid out of the regular military
appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs'
fees and witness fees in court-martial proceedings shall be allowed in the same amounts as
are allowed in criminal cases in the civilian courts of this state. (Acts 1936, Ex. Sess.,
No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)...
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31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules Pretrial,
trial, and post-trial procedures, including modes of proof, for court-martial cases arising
under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant
General by rules, or as otherwise provided by law, which shall apply the principles of law
and the rules of evidence generally recognized in military criminal cases in the courts of
the Armed Forces but which may not be contrary to or inconsistent with this code. (Act 2012-334,
p. 790, §1.)...
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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence
of the court-martial extends to dismissal or bad-conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61
(Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may
not be executed until there is a final judgment as to the legality of the proceedings. A judgment
as to the legality of the proceedings is final in such cases when review is completed by an
appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law
of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or
bad conduct discharge and if the right of the accused to appellate review is waived, or an
appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending
to dismissal or a bad-conduct discharge may not be executed until...
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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-72
Section 31-2A-72 (Article 72.) Vacation of suspension. (a) Before the vacation of the suspension
of a special court-martial sentence, which as approved includes a bad-conduct discharge, or
of any general court-martial sentence, the officer having special court-martial jurisdiction
over the probationer shall hold a hearing on an alleged violation of probation. The probationer
shall be represented at the hearing by military counsel if the probationer so desires. (b)
The record of the hearing and the recommendation of the officer having special court-martial
jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction
over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence,
except a dismissal, shall be executed, subject to applicable restrictions in this code. (c)
The suspension of any other sentence may be vacated by any authority competent to convene,
for the command in which the accused is serving or...
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31-2-107
Section 31-2-107 Courts of inquiry. Courts of inquiry, to consist of one or more officers,
may be, or on the request of the officer involved, shall be, instituted by the Adjutant General
for the purpose of investigating the conduct of any officer, any accusation or imputation
against him, or any acts made the subject of military complaint. Such court of inquiry shall,
without delay, report a statement of facts, and, when required, the evidence adduced and an
opinion thereon to the Adjutant General, who may, in his discretion, thereupon order a court-martial
or efficiency board for the trial of the officer whose conduct has been inquired into. (Acts
1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §141; Acts 1973, No. 1038, p. 1572, §108.)...

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31-2-24
Section 31-2-24 Preservation of arms, equipment, etc., by officers. All commissioned officers
of the National Guard and Naval Militia of this state shall exercise the strictest care and
vigilance for the preservation of the equipment, arms, and uniforms and military property
furnished to their several commands under the provisions of this chapter, and in case of any
loss thereof or damage thereto by reason of the neglect or default of any such officer to
exercise such care and vigilance he shall be liable to trial by court-martial for neglect
of duty. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §22; Acts 1973, No. 1038,
p. 1572, §23.)...
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