A.R.S. § 26-153 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 153
26-153 Morale, welfare and recreational fund; sources of monies; exemptions
Status: in_force

26-153. Morale, welfare and recreational fund; sources of monies; exemptions

A. The morale, welfare and recreational fund is established as a state fund for morale, welfare and recreational activities and support personnel for the national guard. Support personnel are employees of the fund and not of this state. The adjutant general shall administer the fund subject to approval of the governor. Monies shall be deposited, pursuant to sections 35-146 and 35-147, in the fund from the following sources:

1. Monies transferred by the director of the department of transportation pursuant to section 28-2415.

2. Monies deposited pursuant to section 26-102, subsection B, paragraph 8 or monies generated from recycling activities consistent with federal recycling policies.

3. Gifts, donations and contributions to the department accepted by the adjutant general.

4. Any other nonappropriated monies received by the national guard from state and federal revenue producing military activities relating to morale, welfare and recreation.

B. Monies in the fund are from nonappropriated sources, are not subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The adjutant general may establish bank accounts for monies withdrawn from the fund to administer the operations of the morale, welfare and recreational programs.

C. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. Expenditures of monies in the fund are subject to rules adopted by the department of emergency and military affairs and are exempt from the procurement code requirements of title 41, chapter 23.
A.R.S. § 26-176 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 176
26-176 Premiums on bonds of national guard officers
Status: in_force

26-176. Premiums on bonds of national guard officers

The cost of bonds required to be furnished by the adjutant general or an officer of the national guard for faithful performance of national guard duties shall, if not paid by the United States, be a state charge upon and paid from the appropriation to the national guard.
A.R.S. § 26-171 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 171
26-171 National guard training; inspection by department of defense; camp or field duty ordered by governor
Status: in_force

26-171. National guard training; inspection by department of defense; camp or field duty ordered by governor

A. Each unit of the national guard shall conduct training in accordance with instructions of the adjutant general and shall comply with the approved training schedules and programs prepared by the department of defense of the United States. Each unit or detachment shall assemble for drill and instruction, and shall participate in encampments, maneuvers or other exercises at times and places and under rules and regulations prescribed therefor. In addition thereto the commanding officer of any organization may require the officers and enlisted personnel of his command to meet for ceremonies, parade, drill or instruction at times and places he designates.

B. Each unit of the national guard shall, not less than once each year, muster for inspection by an officer designated for that purpose by the secretary of defense or the secretary of any subdivision thereof.

C. The governor may order the national guard or any part thereof to perform camp or field duty for periods of time he deems advisable.
A.R.S. § 26-157 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 157
26-157 Officer's uniform allowances
Status: in_force

26-157. Officer's uniform allowances

A newly commissioned or warranted officer in the national guard shall receive an allowance of two hundred fifty dollars for uniforms and related equipment on the date that the officer receives the commission or warrant. An officer on record as of January 1 of each year shall receive an additional two hundred fifty dollars on April 1 of that year for uniforms and related equipment.
A.R.S. § 26-1121 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1121
26-1121 Larceny and wrongful appropriation
Status: in_force

26-1121. Larceny and wrongful appropriation

A. Any person who is subject to this chapter and who wrongfully takes, obtains or withholds, by any means, from the possession of the owner or of any other person any money, personal property or article of value of any kind:

1. With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny.

2. With intent to temporarily deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation.

B. Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
A.R.S. § 26-121 — Arizona Code / Title 26 / Chapter 1 / Article 2 / Section 121
26-121 Composition of militia; persons exempt
Status: in_force

26-121. Composition of militia; persons exempt

The militia of the state of Arizona consists of all able bodied citizens of the state between the ages of eighteen and forty-five years and all residents of the state between such ages who have declared their intention to become citizens of the United States, except:

1. Persons exempted by the laws of the state or the United States.

2. Persons with a serious mental illness, totally blind persons and persons convicted of infamous crimes.

3. Judges and clerks of courts of record.

4. State and county civil officers holding office by election, and members of the legislature.

5. Members of the clergy.
A.R.S. § 26-1083 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1083
26-1083 Fraudulent enlistment, appointment or separation
Status: in_force

26-1083. Fraudulent enlistment, appointment or separation

Any person who procures his own enlistment or appointment in the national guard by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances or procures his own separation from the national guard by knowingly false representation or deliberate concealment as to his eligibility for that separation shall be punished as a court-martial may direct.
A.R.S. § 26-1082 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1082
26-1082 Solicitation
Status: in_force

26-1082. Solicitation

A. Any person who is subject to this chapter and who solicits or advises another or others to desert in violation of section 26-1085 or mutiny in violation of section 26-1094, if the offense solicited or advised is attempted or committed, shall be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.

B. Any person who is subject to this chapter and who solicits or advises another or others to commit an act of misbehavior in violation of section 26-1099 or sedition in violation of section 26-1094, if the offense solicited or advised is committed, shall be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
A.R.S. § 26-1052 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1052
26-1052 Number of votes required
Status: in_force

26-1052. Number of votes required

A. A person shall not be convicted of any offense except as provided in section 26-1045 or by the concurrence of two-thirds of the members present at the time the vote is taken.

B. All sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.

C. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
A.R.S. § 26-1135 — Arizona Code / Title 26 / Chapter 9 / Article 11 / Section 1135
26-1135 Courts of inquiry
Status: in_force

26-1135. Courts of inquiry

A. Courts of inquiry may be convened to investigate any matter by any person authorized to convene a general court-martial or by any other person designated by the adjutant general for that purpose, 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 who is subject to this chapter and whose conduct is subject to inquiry shall be designated as a party. Any person who is subject to this chapter and who has a direct interest in the subject of inquiry may be designated as a party on request to the court. Any person designated as a party shall be given due notice and may be present, may be represented by counsel, may cross-examine witnesses and may 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 members, counsel, reporter and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

F. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

G. Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.

H. Each court of inquiry shall keep a record of its findings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
A.R.S. § 26-1062 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1062
26-1062 Appeal by the state
Status: in_force

26-1062. Appeal by the state

A. In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the state may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification or which excludes evidence that is substantial proof of a fact material in the proceeding. The state shall not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification.

B. An appeal of an order or ruling shall not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours after the order or ruling. The notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

C. An appeal under this section shall be diligently prosecuted by trial counsel.

D. An appeal under this section shall be forwarded by a means prescribed under rules of the governor directly to the Arizona court of military appeals and, if practicable, has priority over all other proceedings before that court. In ruling on an appeal under this section, the Arizona court of military appeals may act only with respect to matters of law.

E. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
A.R.S. § 26-1056 — Arizona Code / Title 26 / Chapter 9 / Article 8 / Section 1056
26-1056 Maximum limits
Status: in_force

26-1056. Maximum limits

The punishment which a court-martial may direct for an offense shall not exceed the limits the governor prescribes for the offense.
A.R.S. § 26-308 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 308
26-308 Powers of local government; local emergency management establishment; organization
Status: in_force

26-308. Powers of local government; local emergency management establishment; organization

A. Each county and incorporated city and town of the state may appropriate and expend funds, make contracts and obtain and distribute equipment, materials and supplies for emergency management purposes.

B. Each county and incorporated city and town of the state shall establish and provide for emergency management within its jurisdiction in accordance with state emergency plans and programs. Each unincorporated community may establish such emergency management programs.

C. The chief executive officer or governing body of each county, incorporated city or incorporated town may appoint a director who shall be responsible for the organization, administration and operation of local emergency management programs, subject to the direction and control of such executive officer or governing body.

D. State emergency plans shall be in effect in each such political subdivision of the state. The governing body of each such political subdivision shall take such action as is necessary to carry out the provisions thereof, including the development of additional emergency plans for the political subdivision in support of the state emergency plans.

E. Each county's emergency management organization shall:

1.  Maintain a list of public and private organizations within the county which have personnel trained and available for assisting in meeting emergency needs.

2.  Maintain an inventory of facilities, equipment, supplies and other resources within the county available for use in meeting emergency needs.

3. Provide a summary of the information required in paragraphs 1 and 2 to the state director of emergency management.
A.R.S. § 26-1042 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1042
26-1042 Oaths
Status: in_force

26-1042. Oaths

A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of taking the oath, the manner of recording the oath and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case shall be as prescribed in rules of the adjutant general. The rules may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person, is detailed to that duty.

B. Each witness before a court-martial shall be examined on oath.
A.R.S. § 26-124 — Arizona Code / Title 26 / Chapter 1 / Article 2 / Section 124
26-124 Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees
Status: in_force

26-124. Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees

A. When the governor proclaims an emergency, and, upon advice of the adjutant general, determines that the national guard does not have sufficient troops to meet the emergency, the governor may authorize the adjutant general to accept for service from the unorganized militia a specified number of volunteers.

B. If the governor deems an emergency of a nature that all or a large portion of the unorganized militia should be called into service of the state, he shall by proclamation order all members of the unorganized militia to enroll with the county recorder of the county in which they reside. The enrollment shall be in triplicate stating the full name, residence, age, occupation and previous service of each person enrolled. The rolls shall be verified by the enrolling officer who shall retain one copy and file one copy with the adjutant general and one with the clerk of the superior court of the county in which the person is enrolled. The persons called into service shall be determined by lot in accordance with a plan devised by the governor and implemented by him. The plan shall be patterned upon the latest selective service act of the United States and executive orders of the president issued to implement the law.

C. Upon mobilization for state purposes members of the unorganized militia shall be organized under the command of the officer the governor designates into units comparable to units of the national guard.
A.R.S. § 26-1034 — Arizona Code / Title 26 / Chapter 9 / Article 6 / Section 1034
26-1034 Advice of staff judge advocate; reference for trial
Status: in_force

26-1034. Advice of staff judge advocate; reference for trial

A. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the staff judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless he has been advised of all of the following in writing by the staff judge advocate:

1. The specification alleges an offense in this chapter.

2. The specification is warranted by the evidence indicated in the investigation and allied papers provided under section 26-1033.

3. A court-martial would have jurisdiction over the accused and the offense.

B. The advice of the staff judge advocate under subsection A of this section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate expressing his conclusions with respect to each matter set forth in subsection A of this section and recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.

C. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
A.R.S. § 26-305.03 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 305.03
26-305.03 Electromagnetic pulse preparedness recommendations; posting; definition
Status: in_force

26-305.03. Electromagnetic pulse preparedness recommendations; posting; definition

A. The division shall develop preparedness recommendations for the public regarding the type and quantity of supplies, including food, water and medical supplies, that each person in this state should possess in preparation for an electromagnetic pulse that might occur over the United States. The division shall post the preparedness recommendations on its website and shall update the preparedness recommendations at least every five years.

B. For the purposes of this section, "electromagnetic pulse" means a burst of electromagnetic energy occurring in the form of a radiated electric magnetic field or conducted electrical current caused by a coronal mass ejection from the sun, detonation of a nuclear bomb high in earth's upper atmosphere or a man-made electromechanical device.
A.R.S. § 26-315 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 315
26-315 Political activities prohibited
Status: in_force

26-315. Political activities prohibited

No public organization established under the authority of this chapter shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes.
A.R.S. § 26-403 — Arizona Code / Title 26 / Chapter 3 / Article 1 / Section 403
26-403 Emergency management assistance compact and Arizona mutual aid compact revolving fund; purpose; exemption; definitions
Status: in_force

26-403. Emergency management assistance compact and Arizona mutual aid compact revolving fund; purpose; exemption; definitions

A. The emergency management assistance compact and Arizona mutual aid compact revolving fund is established consisting of monies appropriated by the legislature and monies received as reimbursement for costs incurred by this state and any supporting partners of this state, while rendering aid as prescribed in section 26-309 or 26-402, that respond to Arizona mutual aid compact requests that are coordinated and approved by the division. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department of emergency and military affairs shall administer the fund.

B. Monies in the fund shall be used for the costs incurred by this state while assisting other states with emergencies or natural disasters pursuant to section 26-402 or to reimburse supporting partners of this state and agencies in this state that respond to Arizona mutual aid compact requests that are coordinated and approved by the division.

C. For the purposes of this section:

1. "Arizona mutual aid compact" means a compact entered into pursuant to section 26-402.

2. "Division" means the division of emergency management within the department of emergency and military affairs.

3. "Supporting partner" includes any county, city, town, private water or wastewater utility, special taxing district or federally recognized Indian tribe that has a fully executed Arizona mutual aid compact agreement.
A.R.S. § 26-1079 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1079
26-1079 Conviction of lesser included offense
Status: in_force

26-1079. Conviction of lesser included offense

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the charge.
A.R.S. § 26-1037 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1037
26-1037 Unlawfully influencing action of court
Status: in_force

26-1037. Unlawfully influencing action of court

A. An authority convening a general, special or summary court-martial, or any other commanding officer, shall not censure, reprimand or admonish the court or any member, military judge or counsel, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. A person subject to this chapter shall not attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member of a tribunal in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to judicial acts. This subsection does not apply to general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial or to statements and instructions given in open court by the military judge, president of a special court-martial or counsel.

B. In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the national guard is qualified to be advanced in grade, in determining the assignment or transfer of a member of the national guard or in determining whether a member of the national guard should be retained, a person subject to this chapter, in preparing any such report, shall not consider or evaluate the performance of duty of any such member of a court-martial or give a less favorable rating or evaluation of any member of the national guard because of the zeal with which such member, as counsel, represented any accused before a court-martial.
A.R.S. § 26-101; Version 2 — Arizona Code / Title 26 / Chapter 1 / Article 1 / Section 101; Version 2
26-101; Version 2 Department of emergency and military affairs; organization; adjutant general; qualifications
Status: in_force

26-101. Department of emergency and military affairs; organization; adjutant general; qualifications

(L25, Ch. 256, sec. 1. Eff. 1/1/27)

A. The department of emergency and military affairs is established consisting of the division of emergency management and other divisions or offices as determined by the adjutant general pursuant to section 26-102, subsection C, paragraph 8.

B. The department consists of the adjutant general and such other officers, warrant officers, enlisted personnel and employees as deemed necessary.

C. The department shall be administered and controlled by the governor as commander-in-chief. The adjutant general shall be the director of the department.

D. The adjutant general shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. The person appointed must:

1. Be a citizen of the United States.

2. Be a current resident of this state or establish domicile in this state for residency purposes within ninety days following appointment.

3. Meet either of the following criteria:

(a) Have served two of the five years immediately preceding appointment in the national guard in the state or territory where the person is an assigned member.

(b) Be a general officer who is currently serving, or a retired general officer who has been on retired status for not more than twenty-four months, and who has a minimum of five years of service in the rank of colonel or higher in the national guard in a state where the officer was assigned.

E. In appointing the adjutant general, the governor may give preference to a person who has served in the national guard of this state.  At the time of the appointment, the person appointed shall have qualifications required by the United States department of defense for the

adjutant general and, if the person is not already a general officer, shall attain federal recognition in a grade of at least brigadier general not later than two years after the appointment. Before appointment, any person who is currently serving and who is notified that the person is being considered by the governor for appointment shall provide evidence, by the deadline stipulated, to the agency, department or office designated by the governor that the person is in good standing with current army or air force requirements, depending on the person's branch of service, for military service. If a retired general officer is selected for appointment to serve as the adjutant general, that general officer shall provide, within six months after the date of appointment, evidence to the office of the governor of good standing with current army or air force requirements, depending on the person's branch of service, for military service. A person's failure to meet these service standards or other qualifications within the time prescribed, failure to retain federal recognition or failure to meet the age provided by federal law relating to state adjutants general terminates the appointment.

F. The adjutant general shall receive compensation as determined pursuant to section 38-611 and shall devote full time to the office.

G. At the time of appointment, the adjutant general shall receive the state rank of major general and, at that time, shall become the ranking officer in the department of emergency and military affairs.
A.R.S. § 26-179 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 179
26-179 Tuition and fees reimbursement; eligibility; exemption
Status: in_force

26-179. Tuition and fees reimbursement; eligibility; exemption

A. Any qualified national guardsman, spouse of a national guardsman, legal dependent of a national guardsman or employee of the department of emergency and military affairs who has completed a semester as a full-time or part-time graduate or undergraduate student at a public or private postsecondary educational institution for which credit toward a degree or diploma is granted or a certificated vocational technical school in this state may apply for a tuition and fees reimbursement. The adjutant general shall annually adopt policies and procedures to allocate the appropriated monies in a manner consistent with the personnel needs of the Arizona national guard and the department, except that no right to reimbursement exists beyond the amounts appropriated by the legislature. The appropriations made in this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that all monies remaining unexpended or unencumbered ninety days after the close of that fiscal year revert to the state general fund.

B. To be eligible for tuition and fees reimbursement, a national guardsman shall meet all of the following:

1. Be a bona fide member of an Arizona army national guard unit or Arizona air national guard unit throughout each semester for which the member applies for such reimbursement.

2. Have satisfactorily completed initial active duty service.

3. Have satisfactorily performed duty on return from initial active duty training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit.

4. Maintain an average academic grade of "C" or better for each semester.

5. Not be eligible for a certificate of eligibility and benefits under the veterans' readjustment benefits act of 1966 for the same period.

C. To be eligible for tuition and fees reimbursement, a spouse or dependent of a national guardsman shall meet all of the following:

1. Be the legal spouse or legal dependent of an Arizona national guardsman who meets the criteria under subsection B, paragraphs 1, 2 and 3 of this section.

2. Be registered as the legal spouse or legal dependent of an Arizona national guardsman in the defense enrollment eligibility reporting system or its successor system.

3. Maintain an average academic grade of "C" or better for each semester.

D. To be eligible for tuition and fees reimbursement, an employee of the department of emergency and military affairs shall meet all of the following:

1. Be a bona fide employee of the department throughout each semester for which the member applies for reimbursement.

2. Have a current job performance evaluation of "meets expectations" or its equivalent.

3. Maintain an average academic grade of "C" or better for each semester.

4. Meet the requirements prescribed by the department of administration for tuition reimbursement for education and the policies and procedures adopted by the adjutant general, including any requirement to remain employed with the department of emergency and military affairs for a defined period of time or be required to return all or a portion of the amount of tuition and fees reimbursement received.
A.R.S. § 26-204 — Arizona Code / Title 26 / Chapter 1 / Article 4 / Section 204
26-204 Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction
Status: in_force

26-204. Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction

A. A military court may:

1. Compel by subpoena, by subpoena duces tecum or by attachment, the attendance of witnesses, both civil and military, and the production of books, papers and documents.

2. Punish for contempt a witness or other person appearing before the court, or any person attempting to interrupt the proceedings thereof or impair the respect due its authority.

3. Issue, in such form as the adjutant general prescribes, necessary processes and mandates, including writs and warrants directed to marshals of the court, sheriffs, constables and other law enforcement officers.

B. Commissions and subpoenas may be issued and witnesses summoned by the president of a military court, or judge advocate, and the commanding officer of any organization shall, upon request of the president or judge advocate, cause such commissions or subpoenas to be served upon members of his command.

C. Jurisdiction of a military court or board convened as provided by this article shall be presumed and the burden of proof is upon a person seeking to defeat the jurisdiction of the court or board in any proceeding.
A.R.S. § 26-1019 — Arizona Code / Title 26 / Chapter 9 / Article 4 / Section 1019
26-1019 Jurisdiction of special courts-martial
Status: in_force

26-1019. Jurisdiction of special courts-martial

Subject to section 26-1017, special courts-martial have jurisdiction to try persons subject to this chapter, except commissioned officers, for any offense made punishable by this chapter and have the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial shall not be more than one hundred dollars for a single offense.
A.R.S. § 26-1036 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1036
26-1036 Governor's rule making authority
Status: in_force

26-1036. Governor's rule making authority

A. Pretrial, trial and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the governor by rules which, so far as practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in this state but which may not be contrary to or inconsistent with this chapter.

B. All rules adopted under this chapter shall be as uniform as practicable and shall be in force and effect on approval by the governor.
A.R.S. § 26-1123 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1123
26-1123 Forgery
Status: in_force

26-1123. Forgery

Any person who is subject to this chapter and who, with intent to defraud, falsely makes or alters any signature to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice or utters, offers, issues or transfers such a writing, known by him to be so made or altered, is guilty of forgery and shall be punished as a court-martial may direct.
A.R.S. § 26-1090 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1090
26-1090 Assaulting or willfully disobeying superior commissioned officer
Status: in_force

26-1090. Assaulting or willfully disobeying superior commissioned officer

Any person who is subject to this chapter and who strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office or willfully disobeys a lawful command of his superior commissioned officer shall be punished as a court-martial may direct.
A.R.S. § 26-1044 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1044
26-1044 Former jeopardy
Status: in_force

26-1044. Former jeopardy

A. No person, without his consent, may be tried a second time for the same offense.

B. No proceeding in which an accused has been found guilty by court-martial on any charge or specification is a trial in the sense of this section until the finding of guilt becomes final after review of the case has been fully completed.

C. A proceeding in which, after introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial for purposes of this article.
A.R.S. § 26-318 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 318
26-318 Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form
Status: in_force

26-318. Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form

A. Any nonprofit organization organized in this state and recognized as nonprofit and tax exempt by the United States internal revenue service and owning vehicles operated exclusively for disaster or search and rescue assistance may apply to the division of emergency management, on a form prescribed by the director, for exemption from the registration and weight fees for any motor vehicle, trailer or semitrailer owned by the organization.

B. The form shall include the following:

1. The vehicle make and model.

2. The vehicle identification number.

3. The name of the presiding officer of the disaster assistance organization.

4. A statement that the nonprofit organization is recognized as nonprofit and tax exempt by the United States internal revenue service.

5. A statement that the vehicle is used exclusively for disaster or search and rescue assistance.

6. The signature of the presiding officer.

C. The director shall approve the forms of those vehicles meeting the requirements of subsection B and shall return the approved forms to the nonprofit organization.
A.R.S. § 26-1065 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1065
26-1065 Disposition of records
Status: in_force

26-1065. Disposition of records

Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the adjutant general prescribes by rule.
A.R.S. § 26-1127 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1127
26-1127 Extortion
Status: in_force

26-1127. Extortion

Any person who is subject to this chapter and who communicates threats to another person with the intention to obtain anything of value or any acquittance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.
A.R.S. § 26-1138 — Arizona Code / Title 26 / Chapter 9 / Article 11 / Section 1138
26-1138 Complaints of wrongs
Status: in_force

26-1138. Complaints of wrongs

Any member of the national guard who believes himself wronged by his commanding officer, and who, on application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the general officer in command over the officer against whom it is made. The general officer in command shall examine the complaint and take proper measures for redressing the wrong complained of, and he shall, as soon as possible, send to the adjutant general a true statement of that complaint and the proceedings on the complaint.
A.R.S. § 26-1017 — Arizona Code / Title 26 / Chapter 9 / Article 4 / Section 1017
26-1017 Jurisdiction of courts-martial; in general
Status: in_force

26-1017. Jurisdiction of courts-martial; in general

The national guard has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction over personnel of another branch shall be in accordance with rules adopted by the governor.
A.R.S. § 26-1114 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1114
26-1114 Dueling
Status: in_force

26-1114. Dueling

Any person who is subject to this chapter and who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
A.R.S. § 26-1072 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1072
26-1072 Vacation of suspension
Status: in_force

26-1072. Vacation of suspension

A. Before the vacation of the suspension of a special court-martial sentence which includes a bad conduct discharge or a dishonorable discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer may be represented at the hearing by counsel.

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 he vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed. The vacation of the suspension of a dismissal or a dishonorable discharge is not effective until approved by the governor.

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 assigned, a court of the kind that imposed the sentence.
A.R.S. § 26-1108 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1108
26-1108 Military property; loss, damage, destruction or wrongful disposition
Status: in_force

26-1108. Military property; loss, damage, destruction or wrongful disposition

Any person who is subject to this chapter and who, without proper authority, sells or otherwise disposes of, willfully or through neglect damages, destroys or loses or willfully or though neglect suffers to be lost, damaged, sold or wrongfully disposed of any military property of the United States, of this state or of any other state shall be punished as a court-martial may direct.
A.R.S. § 26-1084 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1084
26-1084 Unlawful enlistment, appointment or separation
Status: in_force

26-1084. Unlawful enlistment, appointment or separation

Any person who is subject to this chapter and who effects an enlistment or appointment in or a separation from the national guard of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, rule or order shall be punished as a court-martial may direct.
A.R.S. § 26-1140 — Arizona Code / Title 26 / Chapter 9 / Article 11 / Section 1140
26-1140 Delegation by the governor
Status: in_force

26-1140. Delegation by the governor

The governor may delegate any authority vested in him under this chapter and provide for the subdelegation of any such authority.
A.R.S. § 26-404 — Arizona Code / Title 26 / Chapter 3 / Article 1 / Section 404
26-404 Deployment of private sector workers to affected states; liability protection; definition
Status: in_force

26-404. Deployment of private sector workers to affected states; liability protection; definition

A. Pursuant to the emergency management assistance compact authorized by the legislature in section 26-402, the governor of this state may deploy those officers, employees and members of a private entity or a registered and credentialed volunteer organization in this state who have volunteered to provide assistance to an affected state experiencing any emergency or disaster that is duly declared by the governor of the affected state.

B. Those officers, employees and members of a private entity or a registered and credentialed volunteer organization in this state who have volunteered to deploy under the emergency management assistance compact:

1. Are deemed emergency workers pursuant to section 26-314 when rendering aid to an affected state.

2. Are considered agents of the requesting state for tort liability and immunity purposes pursuant to article VI of the emergency management assistance compact authorized by section 26-402.

3. Are not liable for any act or omission in good faith while so engaged or on account of maintaining or using any equipment or supplies in connection with an emergency pursuant to article VI of the emergency management assistance compact authorized by section 26-402.

C. For the purposes of this section, "emergency worker" has the same meaning prescribed in section 26-301.
A.R.S. § 26-170 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 170
26-170 Unauthorized wearing of uniform; rank insignia; violation; classification
Status: in_force

26-170. Unauthorized wearing of uniform; rank insignia; violation; classification

A. No person shall wear any part of the uniform of the national guard or the army, navy or air force of the United States, or a uniform so similar as to be easily mistaken therefor, unless the person is a member of the service whose uniform he wears, an inmate of a veterans' or soldiers' home, or a member of an organization of the United States veterans.

B. A person in the theatrical profession may wear the uniform in a playhouse or theatre while actually engaged in acting the part of a member thereof.

C. A civic organization may parade or travel in a body or assemble in a lodge room, but when the active militia or any part thereof is in active service, or is called into active service, such civic organization or member thereof shall not parade or appear in uniform in the same locality where the active militia is in service.

D. Persons authorized to wear the military uniform of the United States may only display the rank insignia of the highest rank in which they have received federal recognition except the adjutant general who may display the rank insignia of his state appointed grade after written consent of his service branch.

E. A person violating this section is guilty of a class 2 misdemeanor.
A.R.S. § 26-302 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 302
26-302 General powers of governor
Status: in_force

26-302. General powers of governor

(L21, Ch. 405, sec. 7)

The governor may delegate any of the powers vested in the office of the governor under this chapter to the adjutant general who may further delegate the powers to the director of emergency management except the powers enumerated in section 26-303, subsections A through I.
A.R.S. § 26-1063 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1063
26-1063 Rehearings
Status: in_force

26-1063. Rehearings

Each rehearing under this chapter shall take place before a court-martial composed of members who are not members of the court-martial which first heard the case. On a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and a sentence in excess of or more severe than the original sentence shall not be imposed, unless the sentence is based on a finding of guilty of an offense not considered on the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications on which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
A.R.S. § 26-1078 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1078
26-1078 Accessory after the fact
Status: in_force

26-1078. Accessory after the fact

Any person who is subject to this chapter and who, knowing that an offense punishable by this chapter has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
A.R.S. § 26-126 — Arizona Code / Title 26 / Chapter 1 / Article 2 / Section 126
26-126 Violations; classifications
Status: in_force

26-126. Violations; classifications

A. A person who knowingly fails or refuses to give information or gives false information to the county recorder or other enrolling officer relating to a subject of inquiry under the provisions of this article is guilty of a class 2 misdemeanor.

B. A county recorder or other enrolling officer who knowingly fails or refuses to perform a duty prescribed by this chapter, or who falsifies a record pertaining thereto, is guilty of a petty offense.
A.R.S. § 26-1050 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1050
26-1050 Admissibility of records of courts of inquiry
Status: in_force

26-1050. Admissibility of records of courts of inquiry

A. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

B. This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

C. This testimony may also be read in evidence before a court of inquiry or a military board.
A.R.S. § 26-1133 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1133
26-1133 Conduct unbecoming an officer and a gentleman
Status: in_force

26-1133. Conduct unbecoming an officer and a gentleman

Any commissioned officer or candidate who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
A.R.S. § 26-310 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 310
26-310 Use of professional skills
Status: in_force

26-310. Use of professional skills

During a state of war emergency or a state of emergency, any person holding any license, certificate or other permit issued by any state evidencing the meeting of the qualifications of such state for professional, mechanical or other skills may render aid involving such skill to meet the emergency as fully as if such license, certificate or other permit had been issued in this state, if any substantially similar license, certificate or other permit is issued in this state to applicants possessing the same professional, mechanical or other skills.
A.R.S. § 26-316 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 316
26-316 Enforcement of orders, rules and regulations
Status: in_force

26-316. Enforcement of orders, rules and regulations

The law enforcing authorities of the state and political subdivisions shall enforce orders, rules and regulations issued pursuant to this chapter.
A.R.S. § 26-158 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 158
26-158 State active duty; employment benefits; travel allowances
Status: in_force

26-158. State active duty; employment benefits; travel allowances

A. Officers and enlisted personnel of the Arizona national guard while on state active duty exceeding thirty consecutive days by order of the governor or adjutant general shall be considered employees of this state and, subject to appropriation, are eligible for health and accident insurance benefits, including dependents, pursuant to section 38-651.  On completing state active duty orders, a member of the Arizona national guard, including dependents, may not continue to receive benefits prescribed in this section.

B. Members of the national guard traveling at any time under official orders on business of the state shall be reimbursed for the cost of travel, expenses for lodging and meals as provided for state employees. The expense shall be paid from amounts appropriated for travel by the national guard.
A.R.S. § 26-1013 — Arizona Code / Title 26 / Chapter 9 / Article 2 / Section 1013
26-1013 Punishment before trial; prohibition
Status: in_force

26-1013. Punishment before trial; prohibition

A person, while being held for trial, shall not be subjected to punishment or penalty other than arrest or confinement on the charges pending against him nor shall the arrest or confinement imposed on him be any more rigorous than the circumstances required to ensure his presence, but he may be subjected to minor punishment during that period for infractions of discipline and may be required to perform such labor as may be necessary for the policing and sanitation of his living quarters and mess facilities and the immediately adjacent area.
A.R.S. § 26-307 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 307
26-307 Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure
Status: in_force

26-307. Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure

A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor.

B. Any order, rule or regulation issued by the governing body of a county or other political subdivision of the state is effective when a copy is filed in the office of the clerk of the political subdivision. Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or regulations issued under authority of this chapter are suspended during the time and to the extent that they conflict.

C. In a state of war emergency, counties, cities and towns may waive procedures and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when such governmental entity determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency.

D. In the absence of specific authority in state emergency plans and programs, the governing body of each county, city and town of the state shall take emergency measures as deemed necessary to carry out the provisions of this chapter.
A.R.S. § 26-1008 — Arizona Code / Title 26 / Chapter 9 / Article 2 / Section 1008
26-1008 Apprehension of deserters
Status: in_force

26-1008. Apprehension of deserters

Any officer having authority to apprehend offenders under the laws of this state, the United States or a state, territory, commonwealth or possession or the district of Columbia may summarily apprehend a deserter from the national guard and deliver him into the custody of the national guard. If an offender is apprehended outside this state, his return shall be in accordance with normal extradition procedures or reciprocal agreement.
A.R.S. § 26-104 — Arizona Code / Title 26 / Chapter 1 / Article 1 / Section 104
26-104 Assistant adjutants general; appointment; qualifications
Status: in_force

26-104. Assistant adjutants general; appointment; qualifications

The governor shall appoint at least two assistant adjutants general of this state, one of whose branch of service is the army and one of whose branch of service is the air force. The governor may appoint additional assistant adjutants general if authorized by the chief national guard bureau.  The assistant adjutants general must meet all of the following:

1. Be assigned in the national guard of this state and be appointed as general officers in the national guard of this state.

2. Receive federal recognition of their general officer rank within twenty-four months after appointment.

3. At the time of federal recognition, be in good standing with current army or air force standards or requirements, depending on the appointee's branch of service, for military service.
A.R.S. § 26-1027 — Arizona Code / Title 26 / Chapter 9 / Article 5 / Section 1027
26-1027 Detail of trial counsel and defense counsel
Status: in_force

26-1027. Detail of trial counsel and defense counsel

A. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The adjutant general shall prescribe rules providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, as assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.

B. Trial counsel or defense counsel detailed for a general court-martial shall be a judge advocate and certified as competent to perform such duties by the state judge advocate.

C. In the case of a special court-martial:

1. The accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under subsection B unless counsel having such qualifications cannot be obtained because of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement and append it to the record stating why counsel with such qualifications could not be obtained.

2. If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority shall be a person similarly qualified.

3. If the trial counsel is a judge advocate or a member of the bar of a federal court or the highest court of a state, the defense counsel detailed by the convening authority shall be a person qualified pursuant to paragraph 1 or 2.
A.R.S. § 26-103 — Arizona Code / Title 26 / Chapter 1 / Article 1 / Section 103
26-103 Department of emergency and military affairs  employees; fingerprints; exemptions; definition
Status: in_force

26-103. Department of emergency and military affairs  employees; fingerprints; exemptions; definition

A. Employees shall submit the form prescribed in subsection D of this section to the department and, except as provided in subsection C of this section, shall submit a full set of fingerprints to the department of emergency and military affairs and the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. The department of emergency and military affairs may not disclose information obtained pursuant to subsection A of this section except to members of the department's staff solely for employment purposes.

C. A member of the national guard or an employee who holds a current security clearance pursuant to national guard laws and regulations is exempt from the fingerprinting requirements of subsection A of this section.

D. An employee shall certify on a form that is provided by the department of emergency and military affairs and notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.03, subsections B and C in this state or a similar offense in another state or jurisdiction.

E. The department of emergency and military affairs shall not allow a person to be employed on any national guard reservation or facility in any capacity if the person has not submitted a full set of fingerprints to the department of emergency and military affairs and the department of public safety within the first three days of employment for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

F. For the purposes of this section, "employee" means any person who works for the department of emergency and military affairs or any subdivision of the department of emergency and military affairs.
A.R.S. § 26-1110 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1110
26-1110 Improper hazarding of vessel or aircraft
Status: in_force

26-1110. Improper hazarding of vessel or aircraft

A. Any person who is subject to this chapter and who willfully and wrongfully hazards or allows to be hazarded any vessel or aircraft of the armed forces of the United States, of this state or of any other state shall suffer such punishment as a court-martial may direct.

B. Any person who is subject to this chapter and who negligently hazards or allows to be hazarded any vessel aircraft of the armed forces of the United States or of this state or any other state shall be punished as a court-martial may direct.
A.R.S. § 26-306 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 306
26-306 Powers and duties of the director of emergency management
Status: in_force

26-306. Powers and duties of the director of emergency management

A. The director, subject to the approval of the adjutant general, shall:

1. Be the administrative head of the division.

2. Be the state director for emergency management.

3. Make rules necessary for the operation of the division.

4. Develop and test plans for meeting any condition constituting a state of emergency or state of war emergency, except those emergency plans specifically assigned by the governor to other state agencies. Such plans shall provide for the effective mobilization and management of personnel and equipment of the state.

5. During a state of war emergency, coordinate the emergency activities of all state agencies except the national guard.

6. During a state of emergency or a local emergency, coordinate the emergency activities of all state agencies and the national guard.

7. Coordinate the use of state personnel, equipment, services and facilities, including communication services, if requested by political subdivisions in support of emergency management activities.

8. Coordinate the use of personnel, equipment, services and facilities, including communication services, of one or more political subdivisions in support of any other political subdivision in meeting emergency needs, including search or rescue operations, on the request of the using political subdivision.

9. Develop, test and maintain a plan pursuant to section 26-305.01 for response by agencies of this state and its political subdivisions to an accident at a commercial nuclear generating station.

10. Every two years, submit a recommendation to the legislature in connection with the assessment prescribed by section 26-306.01 with supporting documentation and information.

11. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management, wildfire prevention and suppression and wildfire emergency response and management as provided by section 37-1302, subsection B.

12. Develop, implement and maintain a state hazardous materials emergency response and recovery plan as part of the hazardous materials emergency management program pursuant to section 49-123.

13. Coordinate the development, implementation and maintenance of standardized curricula for hazardous materials training and education.

B. The director, subject to the approval of the adjutant general, may:

1. Propose, develop, negotiate and consummate contractual arrangements with the federal government, state agencies and political subdivisions for technical, administrative and financial support from the federal, state and local government in connection with the emergency management activities of the state.

2. Represent the state at conferences in the development and promotion of the emergency management capability of the state.

3. Establish a disaster prevention council to plan for disaster prevention. The council shall consist of the members of the state emergency council and other members as determined by the director. The disaster prevention council shall coordinate the disaster prevention expertise of representatives of federal, state and local business and industry and promote partnerships to substantially reduce property loss from natural and technological disasters.
A.R.S. § 26-1111 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1111
26-1111 Drunken or reckless driving
Status: in_force

26-1111. Drunken or reckless driving

Any person who is subject to this chapter and who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
A.R.S. § 26-1039 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1039
26-1039 Sessions
Status: in_force

26-1039. Sessions

A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge, subject to section 26-1035, may call the court into session without the presence of the members but conducted in the presence of the accused, the defense counsel and the trial counsel and as part of the record, for the purpose of:

1. Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty.

2. Hearing and ruling on any matter which may be ruled on by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court.

3. If permitted by rules of the adjutant general, holding the arraignment and receiving the pleas of the accused.

4. Performing any other procedural function which may be performed by the military judge and which does not require the presence of the members of the court.

B. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in cases in which a military judge has been detailed to the court, the military judge.
A.R.S. § 26-1071 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1071
26-1071 Suspension of sentence
Status: in_force

26-1071. Suspension of sentence

The convening authority or other person acting on the case under section 26-1060 may suspend the execution of any sentence or part of a sentence.
A.R.S. § 26-1010 — Arizona Code / Title 26 / Chapter 9 / Article 2 / Section 1010
26-1010 Restraint of persons charged with offenses
Status: in_force

26-1010. Restraint of persons charged with offenses

Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement. A person charged only with an offense normally tried by a summary court-martial shall not be placed in confinement. If any person subject to this code is placed in arrest or confinement before trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
A.R.S. § 26-253 — Arizona Code / Title 26 / Chapter 1 / Article 6 / Section 253
26-253 Power of state to serve process upon land ceded United States for military purposes
Status: in_force

26-253. Power of state to serve process upon land ceded United States for military purposes

The state retains concurrent jurisdiction with the United States for serving process, civil or criminal, issuing under the authority of the state, or any courts, or judicial officers thereof, upon any person amenable thereto within the limits of any land over which exclusive jurisdiction has been ceded by the state to the United States for military purposes in like manner as if no cession had taken place.
A.R.S. § 26-155 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 155
26-155 Enlistment; appointment of officers
Status: in_force

26-155. Enlistment; appointment of officers

A. Able-bodied residents of the state meeting the requirements for enlistment prescribed by the department of defense of the United States may, upon application, be enlisted as members of the national guard. They shall be enlisted in the manner prescribed by the Congress of the United States, the president or the secretary of defense, and shall take the oath prescribed for persons enlisting in the national guard of the United States.

B. Persons commissioned or warranted in the national guard shall meet the qualifications prescribed by the department of defense or any subdivision thereof, and are subject to provisions thereof relating to appointment and retirement.
A.R.S. § 26-233 — Arizona Code / Title 26 / Chapter 1 / Article 5 / Section 233
26-233 Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property
Status: in_force

26-233. Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property

A. A member of the national guard who by gross negligence or wilfulness destroys, loses or allows state or federal property to be lost or destroyed shall from personal funds reimburse the state or federal government for the cost thereof. The responsible officer shall submit a report of survey to the adjutant general. Upon receipt of the report the adjutant general shall, if the property lost or destroyed is federal property, forward the report to the national guard bureau for determination of responsibility, or, if the property is state property, the adjutant general shall determine the responsibility and his decision shall be final.

B. If the adjutant general finds that federal property has been lost through no fault or neglect and the state is called upon to replace or pay for the property, the department of administration division of finance shall pay claims assessed against the state by the federal government, or if it is to the advantage of the state, shall accept and pay claims incurred by the adjutant general in purchasing property from other sources to replace lost federal property. The claims shall be paid from funds of the state appropriated to the national guard for that purpose.
A.R.S. § 26-1020 — Arizona Code / Title 26 / Chapter 9 / Article 4 / Section 1020
26-1020 Jurisdiction of summary courts-martial
Status: in_force

26-1020. Jurisdiction of summary courts-martial

Subject to section 26-1017, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers and candidates, for any offense made punishable by this chapter. A person with respect to whom summary courts-martial have jurisdiction shall not be brought to trial before a summary court-martial if the person objects. If objection to trial by summary courts-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Under limitations that the governor prescribes, summary courts-martial may sentence an offender to any combination of the following:

1. Forfeiture of two-thirds pay and allowances for one month.

2. Reduction of a noncommissioned officer to the ranks.

3. A fine of not more than one hundred dollars for each offense.
A.R.S. § 26-1046 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1046
26-1046 Opportunity to obtain witnesses and other evidence
Status: in_force

26-1046. Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules the governor adopts.
A.R.S. § 26-314 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 314
26-314 Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions
Status: in_force

26-314. Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions

A. This state and its departments, agencies, boards and commissions and all political subdivisions are not liable for any claim based on the exercise or performance, or the failure to exercise or perform, a discretionary function or duty by any emergency worker, except for wilful misconduct, gross negligence or bad faith of the emergency worker, in engaging in emergency management activities or performing emergency functions pursuant to this chapter or title 36, chapter 6, article 9, including operating an unmanned aircraft or a public unmanned aircraft, while engaged in or supporting emergency management activities or performing emergency functions pursuant to this chapter or title 36, chapter 6, article 9.

B. The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability workers' compensation and other benefits that apply to the activity of officers, agents, employees or emergency workers of this state or of any political subdivision when performing their respective functions within this state or the territorial limits of their respective political subdivisions apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under this chapter or title 36, chapter 6, article 9, except for wilful misconduct, gross negligence or bad faith.

C. Emergency workers engaging in emergency management activities or performing emergency functions under this chapter or title 36, chapter 6, article 9, in carrying out, complying with or attempting to comply with any order or rule issued under this chapter, title 36, chapter 6, article 9 or any local ordinance, or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties have the same degree of responsibility for their actions and enjoy the same immunities and disability workers' compensation benefits as officers, agents and employees of this state and its political subdivisions performing similar work.  Except as otherwise provided under chapter 3, article 1 of this title, this state and its departments, agencies, boards and commissions and all political subdivisions that supervise or control emergency workers engaging in emergency management activities or performing emergency functions under this chapter or title 36, chapter 6, article 9 are responsible for providing for liability coverage, including legal defense, of an emergency worker if necessary. Coverage is provided if the emergency worker is acting within the course and scope of assigned duties and is engaged in an authorized activity, except for actions of wilful misconduct, gross negligence or bad faith.

D. Any other state or its officers, agents, emergency workers or employees rendering aid in this state pursuant to any interstate mutual aid arrangement, agreement or compact are not liable on account of any act or omission in good faith on the part of the state or its officers, agents, emergency workers or employees while so engaged or on account of the maintenance or use of any equipment or supplies in connection with an emergency.

E. The division shall adopt rules prescribing the procedures for registration of emergency workers.

F. For the purposes of this section, "public unmanned aircraft" and "unmanned aircraft" have the same meanings prescribed in section 13-3729.
A.R.S. § 26-165 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 165
26-165 Service medals
Status: in_force

26-165. Service medals

A. An officer or enlisted person who has served as an active member of the national guard for a period of ten years shall be awarded a long service medal, and for twenty years service shall be awarded an exceptionally long service medal. At the completion of each period of three years after receiving either medal, a star shall be awarded the holder thereof.

B. The medals shall be awarded at the expense of the state by the governor, upon application approved by the adjutant general and subject to such rules and regulations as the adjutant general prescribes.

C. Officers and enlisted personnel of the national guard drafted into service of the United States shall be allowed credit as continuous service in the national guard for such service.
A.R.S. § 26-1107 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1107
26-1107 False official statements
Status: in_force

26-1107. False official statements

Any person who is subject to this chapter and who, with intent to deceive, signs any false record, return, rule, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
A.R.S. § 26-1035 — Arizona Code / Title 26 / Chapter 9 / Article 6 / Section 1035
26-1035 Service of charges
Status: in_force

26-1035. Service of charges

The trial counsel to whom court-martial charges are referred for trial shall serve on the accused a copy of the charges on which trial is to be had. In time of peace, a person, against his objection, shall not be brought to trial or be required to participate by himself or counsel in a session called by the military judge under section 26-1039, subsection A, in a general court-martial case within a period of five days after the service of charges on him or in a special court-martial within a period of three days after the service of the charges on him.
A.R.S. § 26-319 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 319
26-319 Commercial nuclear generating station; emergency planning zone; recording
Status: in_force

26-319. Commercial nuclear generating station; emergency planning zone; recording

The owners of a commercial nuclear generating station shall prepare, execute and record in the office of the county recorder a legal description of the land that is within an emergency planning zone consisting of all land within a ten mile radius of the commercial nuclear generating station.  The legal description shall include the property on which the facility is located.
A.R.S. § 26-1076 — Arizona Code / Title 26 / Chapter 9 / Article 9 / Section 1076
26-1076 Finality of proceedings, findings and sentences
Status: in_force

26-1076. Finality of proceedings, findings and sentences

A. The appellate review of records of trial provided by this chapter, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed as required by this chapter and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation as required by this chapter are final and conclusive.

B. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding on all departments, courts, agencies and officers of this state, subject only to action on a petition for a new trial as provided in section 26-1073.
A.R.S. § 26-234 — Arizona Code / Title 26 / Chapter 1 / Article 5 / Section 234
26-234 Property and disbursing officer; appointment; duties
Status: in_force

26-234. Property and disbursing officer; appointment; duties

A. The governor shall, subject to approval of the secretary of defense or a designated subordinate, recommend for appointment an officer for the state as acting property and disbursing officer of the United States. The officer appointed shall have served in the armed forces of the United States or the national guard, and shall have knowledge of military supply, procurement and administration. He shall qualify by furnishing a bond in an amount and with sureties as required by the secretary of defense of the United States, conditioned upon faithful performance of his duties and safekeeping and proper disbursement of federal property and funds entrusted to his care.

B. The property and disbursing officer shall:

1. Receive, store and account for all funds and property belonging to the United States in possession of the national guard.

2. Make returns and reports concerning such funds and property as required by the secretary of defense.

3. Render such accounting of federal funds entrusted to him for disbursement as required by the United States.
A.R.S. § 26-206 — Arizona Code / Title 26 / Chapter 1 / Article 4 / Section 206
26-206 Charges against members of militia; service of charges and specifications; abatement of action
Status: in_force

26-206. Charges against members of militia; service of charges and specifications; abatement of action

A. A person may, subject to military laws of the state, prefer charges against a member of the militia.

B. A copy of the charges and specifications shall be delivered to the accused not later than twenty days after arrest, or, if not held in custody for trial, to his last known post office address or place of business, and a military court shall be ordered convened not later than thirty days after receipt of the order by the officer authorized to convene the court.

C. If a copy of the charges and specifications is not served, or a military court is not ordered convened within the time specified, the charges shall abate, but at any time within twelve months after release of the accused from arrest, the charges may be served, a court ordered convened, and the accused brought to trial.

D. Appearance of the accused without objection and pleading to the charges shall be deemed a waiver of any irregularity of service of papers.
A.R.S. § 26-159 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 159
26-159 Powers of commanding officers; defense of officer to action based on act or omission
Status: in_force

26-159. Powers of commanding officers; defense of officer to action based on act or omission

A. The commanding officer of troops under arms while in actual service may cause such troops to perform such military duties as he requires. He may place under arrest an officer or enlisted person who disobeys orders of superior officers, and any person trespassing on parade or camp grounds or interrupting or molesting the orderly discharge of duty of troops under arms. The commanding officer shall use his own discretion with respect to attacking or firing upon a mob or unlawful assembly, and his honest and reasonable judgment in the exercise of his duty shall be a complete defense, both civilly and criminally, for any act done while on such duty.

B. If an officer is made a party defendant in an action arising from acts or omissions while on military duty, the plaintiff in the action shall be required, upon motion of the defendant officer, to give security for costs in the amount of three hundred dollars.

C. The attorney general, upon request of the defendant officer, shall defend the action or assist in the defense thereof.
A.R.S. § 26-162 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 162
26-162 Discharge of officer; grounds and procedure
Status: in_force

26-162. Discharge of officer; grounds and procedure

A commissioned or warrant officer of the national guard may be discharged for any of the following reasons and in the manner prescribed:

1. By voluntary resignation whereby the officer submits to the adjutant general a letter of resignation setting forth his reasons for separation from the service. The resignation shall not be accepted if separation is not justified by appropriate regulations of the national guard, army or air force of the United States, or if the officer is under arrest or being investigated preparatory to preferring charges against him, or until all property and money of the state or the United States charged to him or in his possession or care has been inventoried and an accounting made therefor.

2. By findings of a court-martial called for the purpose of trying the officer for a military offense, or in time of war or emergency for an offense both civil and military. The sentence shall not be executed until approved by the governor.

3. By order of the governor upon a finding by a board of officers that the officer to be separated from the service is inefficient and incapable of discharging the duties of a national guard officer in any assignment commensurate with his rank and experience, and upon the written request of the immediate superior of the officer to be separated. The board of officers shall be appointed by the adjutant general, and shall consist of officers of equal or senior rank to the officer to be separated.

4. By absence without leave for a period of thirty days.

5. By failure to pass a final type physical examination prescribed for officers of his grade and branch.
A.R.S. § 26-1112 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1112
26-1112 Drunk on duty
Status: in_force

26-1112. Drunk on duty

Any person who is subject to this chapter, other than a sentinel or lookout, and who is found drunk on duty shall be punished as a court-martial may direct.
A.R.S. § 26-1055 — Arizona Code / Title 26 / Chapter 9 / Article 8 / Section 1055
26-1055 Sentences; reduction in enlisted grade on approval
Status: in_force

26-1055. Sentences; reduction in enlisted grade on approval

A. Unless otherwise provided in rules prescribed by the adjutant general, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable or bad conduct discharge, confinement or hard labor without confinement reduces that member to pay grade E-1, effective on the date of the approval.

B. If the sentence of a member who is reduced in pay grade under subsection A is set aside or disapproved, or as finally approved, does not include any punishment named in subsection A, the rights and privileges of which he was deprived because of the reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled for the period the reduction was in effect had he not been so reduced.

C. A sentence of dismissal or dishonorable discharge shall not be executed until it is approved by the governor.
A.R.S. § 26-203 — Arizona Code / Title 26 / Chapter 1 / Article 4 / Section 203
26-203 Actions or proceedings against members of military courts prohibited
Status: in_force

26-203. Actions or proceedings against members of military courts prohibited

No action or proceeding shall be prosecuted or maintained against a member of a military court or against any officer or person acting under authority thereof and performing any acts prescribed by this article.
A.R.S. § 26-208 — Arizona Code / Title 26 / Chapter 1 / Article 4 / Section 208
26-208 Time and place of confinement; payment of fine and disposition
Status: in_force

26-208. Time and place of confinement; payment of fine and disposition

A. If a sentence orders an accused to be confined, the court-martial order shall specify the place and time of commencement of the confinement, and if the sentence provides for payment of a fine, the amount shall be paid to the president of the court or trial counsel not later than ten days after the sentence is pronounced.

B. Not later than thirty days after payment of the fine, the president of the court or trial counsel shall deliver the amount to the adjutant general who shall deposit it, pursuant to sections 35-146 and 35-147, in the national guard fund.
A.R.S. § 26-312 — Arizona Code / Title 26 / Chapter 2 / Article 1 / Section 312
26-312 Authority of executive officers and governing bodies to accept materials or funds
Status: in_force

26-312. Authority of executive officers and governing bodies to accept materials or funds

The governor on behalf of the state or the governing body of a political subdivision of this state may accept for purposes of emergency services an offer of the federal government or an agency or officer thereof, or an offer of any person, firm or corporation of services, equipment, supplies, material or funds, whether by gift, grant or loan and may designate an officer of the state or subdivision thereof to receive them on behalf of the state or subdivisions subject to terms, if any, of the offeror.
A.R.S. § 26-1091 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1091
26-1091 Insubordinate conduct toward warrant officer or noncommissioned officer
Status: in_force

26-1091. Insubordinate conduct toward warrant officer or noncommissioned officer

Any warrant officer or enlisted member who strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office, willfully disobeys the lawful order of a warrant officer or noncommissioned officer or treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office shall be punished as a court-martial may direct.
A.R.S. § 26-1021 — Arizona Code / Title 26 / Chapter 9 / Article 4 / Section 1021
26-1021 Jurisdiction of courts-martial not exclusive
Status: in_force

26-1021. Jurisdiction of courts-martial not exclusive

A. The provisions of this chapter conferring jurisdiction on courts-martial do not deprive any other courts of this state of concurrent jurisdiction with respect to offenders or offenses that by statute may be tried by those courts.

B. Instead of imposing a fine, a court-martial may sentence an offender to confinement for not more than one day for each dollar of fine authorized.
A.R.S. § 26-1049 — Arizona Code / Title 26 / Chapter 9 / Article 7 / Section 1049
26-1049 Depositions
Status: in_force

26-1049. Depositions

A. At any time after charges have been signed as provided in section 26-1030, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.

B. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

C. Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.

D. A duly authenticated deposition taken on reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape or similar material, may be played in evidence before any military court in any case, or in any proceeding before a court of inquiry or military board, if one or more of the following applies:

1. The witness resides or is not within the state in which the court or board is ordered to sit, or is more than one hundred miles from the place of trial or hearing.

2. The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process or other reasonable cause is unable or refuses to appear and testify in person at the place of trial or hearing.

3. The present whereabouts of the witness is unknown.
A.R.S. § 26-1004 — Arizona Code / Title 26 / Chapter 9 / Article 1 / Section 1004
26-1004 Dismissed officer's right to trial by court-martial
Status: in_force

26-1004. Dismissed officer's right to trial by court-martial

A. If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial setting forth, under oath, that he has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. As part of its sentence, the court-martial may adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.

B. If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the adjutant general shall substitute for the dismissal order by the governor a form of discharge authorized for administrative issue.

C. If a discharge is substituted for a dismissal, only the governor may reappoint the officer to the commissioned grade and with a rank that, in the opinion of the governor, the former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and affects the promotion status of other officers only as the governor directs. All time between the dismissal and the reappointment is considered as actual service for all purposes.

D. If an officer is discharged from the national guard by administrative action or is dropped from the rolls by order of the governor, he has no right to trial under this section.
A.R.S. § 26-1113 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1113
26-1113 Misbehavior of sentinel or lookout
Status: in_force

26-1113. Misbehavior of sentinel or lookout

Any sentinel or lookout who is found drunk or sleeping on his post or who leaves it before he is regularly relieved shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is committed at any other time, by such punishment other than death as a court-martial may direct.
A.R.S. § 26-1115 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1115
26-1115 Malingering
Status: in_force

26-1115. Malingering

Any person who is subject to this chapter and who for the purpose of avoiding work, duty or service feigns illness, physical disablement, mental lapse or derangement or intentionally inflicts self-injury shall be punished as a court-martial may direct.
A.R.S. § 26-209 — Arizona Code / Title 26 / Chapter 1 / Article 4 / Section 209
26-209 Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification
Status: in_force

26-209. Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification

A. If an accused fails or refuses to pay the fine imposed by a military court within the time and manner specified in section 26-208, the president of the military court shall, within ten days after expiration of the time within which the accused may appeal, or, if an appeal is taken, within ten days after final determination thereof, issue a warrant of commitment in the name of the state directed to the sheriff, and commanding him to arrest the accused and take him to the jail of the city, town or county in which he is found. Confinement for refusal to pay a fine shall be one day for each ten dollars or fraction of the fine, penalty and costs. The accused may, by order of the officer ordering the court, be released at any time.

B. The court may, in its discretion, and within the time prescribed by subsection A of this section, file an authenticated copy of the findings of the court-martial with the justice of the peace in the precinct in which the accused resides. The justice of the peace shall thereupon render judgment against the accused, with costs, without issuing summons, and shall issue execution thereon directed to the sheriff or to the constable of the precinct. The sheriff or constable shall collect the fine and costs by execution as at law.

C. A justice of the peace who intentionally fails to carry out the provisions of this section is guilty of a petty offense.
A.R.S. § 26-1080 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1080
26-1080 Attempts
Status: in_force

26-1080. Attempts

A. An act done with specific intent to commit an offense under this chapter and amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.

B. Any person who is subject to this chapter and who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

C. Any person who is subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
A.R.S. § 26-1014 — Arizona Code / Title 26 / Chapter 9 / Article 2 / Section 1014
26-1014 Delivery of offenders to civil authorities
Status: in_force

26-1014. Delivery of offenders to civil authorities

A. Under such rules as the governor may adopt, a member of the national guard accused of an offense against civil authority may be delivered, on request, to the civil authority for trial.

B. When delivery is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for his offense, shall be returned, on request of competent military authority, to military custody for the completion of the sentence.
A.R.S. § 26-1085 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1085
26-1085 Desertion
Status: in_force

26-1085. Desertion

A. Any member of the national guard who without authority goes or remains absent from his unit, organization or place of duty with intent to remain away permanently, quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service or without being regularly separated from the national guard enlists or accepts an appointment in the same or another one of the forces in the national guard without fully disclosing the fact that he has not been regularly separated is guilty of desertion.

B. Any commissioned officer of the national guard who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away permanently is guilty of desertion.

C. Any person who is found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
A.R.S. § 26-1077 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1077
26-1077 Principals
Status: in_force

26-1077. Principals

Any person who is punishable under this chapter and commits an offense or who aids, abets, counsels, commands or procures its commission or who causes an act to be done which if directly performed by him would be punishable by this chapter is a principal.
A.R.S. § 26-1023 — Arizona Code / Title 26 / Chapter 9 / Article 5 / Section 1023
26-1023 Convening of special courts-martial
Status: in_force

26-1023. Convening of special courts-martial

A. Special courts-martial may be convened by any person who may convene a general court-martial, any general officer in command or the commanding officer in charge of any other command if empowered by the adjutant general.

B. If any convening officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such authority if considered advisable by him.
A.R.S. § 26-1116 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1116
26-1116 Riot or breach of peace
Status: in_force

26-1116. Riot or breach of peace

Any person who is subject to this chapter and who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
A.R.S. § 26-1088 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1088
26-1088 Contempt toward officials
Status: in_force

26-1088. Contempt toward officials

Any commissioned officer who uses contemptuous words against the president of the United States, Congress, the governor or the legislature, or the governor or legislature of any state, territory, commonwealth or possession in which he is on duty or present, shall be punished as a court-martial may direct.
A.R.S. § 26-1026 — Arizona Code / Title 26 / Chapter 9 / Article 5 / Section 1026
26-1026 Military judge of a general or special court-martial
Status: in_force

26-1026. Military judge of a general or special court-martial

A. A military judge shall be detailed to each general court-martial. Subject to rules of the adjutant general, a military judge may be detailed to any special court-martial. The adjutant general shall adopt rules providing for the manner in which military judges are detailed for the courts-martial and for the persons who are authorized to detail military judges for the courts-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

B. A military judge must be a member in good standing of the state bar of Arizona and a current or former member of the United States armed forces or the armed forces of this state who is appointed as a military judge by the governor after certification by the state judge advocate as having met the qualifications.

C. Before appointment by the governor, a prospective military judge shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. The military judge of a general court-martial shall be designated by the state judge advocate, or the state judge advocate's designee, for detail in accordance with rules adopted under subsection A of this section. Unless the court-martial was convened by the governor, neither the convening authority nor any member of the convening authority's staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge detailed, which relates to the military judge's performance of duty as a military judge.  A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military judge of a general court-martial if the duties are assigned to the officer by or with the approval of the state judge advocate or the state judge advocate's designee.

E. A person is not eligible to act as military judge in a case if the person is the accuser or a witness or has acted as an investigating officer or a counsel in the same case.

F. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel, and the military judge may not vote with the members of the court.
A.R.S. § 26-1086 — Arizona Code / Title 26 / Chapter 9 / Article 10 / Section 1086
26-1086 Absence without leave
Status: in_force

26-1086. Absence without leave

Any member of the national guard who, without authority, fails to go to his appointed place of duty at the time prescribed, goes from that place or absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed shall be punished as a court-martial may direct.
A.R.S. § 26-1031 — Arizona Code / Title 26 / Chapter 9 / Article 6 / Section 1031
26-1031 Compulsory self-incrimination; prohibition
Status: in_force

26-1031. Compulsory self-incrimination; prohibition

A. A person subject to this chapter shall not compel any person to incriminate himself or to answer any question if the answer would tend to incriminate him.

B. A person subject to this code shall not interrogate, or request any statement from an accused or a person suspected of an offense, without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.

C. A person subject to this chapter shall not compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.

D. A statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement, shall not be received in evidence against him in a trial by court-martial.
A.R.S. § 26-169 — Arizona Code / Title 26 / Chapter 1 / Article 3 / Section 169
26-169 Discrimination against uniformed national guard members by public businesses prohibited; violation; classification
Status: in_force

26-169. Discrimination against uniformed national guard members by public businesses prohibited; violation; classification

A. An owner, manager or employee of a hotel, restaurant, place of amusement or other establishment or place of business open to the public shall not knowingly fail or refuse to admit or serve in the same manner and to the same extent as members of the general public are admitted and served a member of the national guard wearing the prescribed uniform.

B. A person violating this section is guilty of a class 2 misdemeanor.