O.C.G.A. § 38-2-1083 — GA Code / Title 38 / Chapter 2 / Section 38-2-1083
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1083
Status: in_force

Any person who:

(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation

(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation

shall be punished as a court-martial may direct.
O.C.G.A. § 38-3-3 — GA Code / Title 38 / Chapter 3 / Section 38-3-3
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-3
Status: in_force

As used in Articles 1 through 3 of this chapter, the term:

(1) “ Bioterrorism ” means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population.

(1) “ Bioterrorism ” means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population.

(2) “ Emergency management ” means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

(2) “ Emergency management ” means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

(2.1) “ Emergency Operations Command ” means the unified command group comprising the director of emergency management and homeland security, the director of the Georgia Bureau of Investigation, the commissioner of public safety, the commissioner of natural resources, the commissioner of transportation, and the adjutant general.

(2.1) “ Emergency Operations Command ” means the unified command group comprising the director of emergency management and homeland security, the director of the Georgia Bureau of Investigation, the commissioner of public safety, the commissioner of natural resources, the commissioner of transportation, and the adjutant general.

(3) “ Energy emergency ” means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power-generating facility, the transport of any energy resource by any means whatsoever, or the production, use, or disposal of any source material, special nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. Section 2011, et seq. ; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state.

(3) “ Energy emergency ” means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power-generating facility, the transport of any energy resource by any means whatsoever, or the production, use, or disposal of any source material, special nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. Section 2011, et seq. ; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state.

(4) “ Energy resources ” means all forms of energy or power, including, without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description, except wood.

(4) “ Energy resources ” means all forms of energy or power, including, without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description, except wood.

(4.1) “Homeland security activity” shall have the same meaning as provided for in Code Section 35-3-200 .

(4.1) “Homeland security activity” shall have the same meaning as provided for in Code Section 35-3-200 .

(4.2) “ Pandemic influenza emergency ” means the declaration by the World Health Organization of at least a Phase 5 Pandemic Alert for influenza occurring in the United States or the State of Georgia or the declaration by the Centers for Disease Control and Prevention of at least a Category 2 Pandemic Severity Index for influenza occurring in the United States or the State of Georgia.

(4.2) “ Pandemic influenza emergency ” means the declaration by the World Health Organization of at least a Phase 5 Pandemic Alert for influenza occurring in the United States or the State of Georgia or the declaration by the Centers for Disease Control and Prevention of at least a Category 2 Pandemic Severity Index for influenza occurring in the United States or the State of Georgia.

(5) “ Political subdivision ” means: (A) Cities having a population of over 1,000; (B) Cities having a population of less than 1,000 in which the Governor has established a local organization; and (C) Counties.

(5) “ Political subdivision ” means:

(A) Cities having a population of over 1,000;

(A) Cities having a population of over 1,000;

(B) Cities having a population of less than 1,000 in which the Governor has established a local organization; and

(B) Cities having a population of less than 1,000 in which the Governor has established a local organization; and

(C) Counties.

(C) Counties.

(6) “ Public health emergency ” means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms: (A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(6) “ Public health emergency ” means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms:

(A) A large number of deaths in the affected population;

(A) A large number of deaths in the affected population;

(B) A large number of serious or long-term disabilities in the affected population; or

(B) A large number of serious or long-term disabilities in the affected population; or

(C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(7) “ State of emergency ” means the condition declared by the Governor when, in his or her judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of the state is of sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.

(7) “ State of emergency ” means the condition declared by the Governor when, in his or her judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of the state is of sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.
O.C.G.A. § 38-2-1076 — GA Code / Title 38 / Chapter 2 / Section 38-2-1076
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1076
Status: in_force

The appellate review of records of trial provided by this article, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this article, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this article shall be final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings shall be binding upon all departments, courts, agencies, and officers of the United States and officers of another state subject only to action upon a petition for a new trial as provided in Code Section 38-2-1073 and to action under Code Section 38-2-1074 .
O.C.G.A. § 38-2-1023 — GA Code / Title 38 / Chapter 2 / Section 38-2-1023
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1023
Status: in_force

(a) Special courts-martial may be convened by the Governor, the adjutant general, the assistant adjutant general for army, or the assistant adjutant general for air.

(a) Special courts-martial may be convened by the Governor, the adjutant general, the assistant adjutant general for army, or the assistant adjutant general for air.

(b) If any individual in subsection (a) of this Code section is an accuser, the special court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

(b) If any individual in subsection (a) of this Code section is an accuser, the special court-martial shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
O.C.G.A. § 38-2-1074 — GA Code / Title 38 / Chapter 2 / Section 38-2-1074
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1074
Status: in_force

(a) 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 may remit or suspend any part or amount of the unexecuted part of any sentence, including, but not limited to, all uncollected forfeitures, other than a sentence approved by the Governor.

(a) 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 may remit or suspend any part or amount of the unexecuted part of any sentence, including, but not limited to, all uncollected forfeitures, other than a sentence approved by the Governor.

(b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

(b) The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
O.C.G.A. § 38-2-218 — GA Code / Title 38 / Chapter 2 / Section 38-2-218
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-218
Status: in_force

Any commissioned officer of the organized militia who absents himself without leave for three months may be dismissed by the Governor.
O.C.G.A. § 38-2-174 — GA Code / Title 38 / Chapter 2 / Section 38-2-174
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-174
Status: in_force

The Governor, in his discretion, may accept donations of money and property, both real and personal, to be used for military purposes by the organized militia under such conditions as the donor may designate.
O.C.G.A. § 38-2-213 — GA Code / Title 38 / Chapter 2 / Section 38-2-213
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-213
Status: in_force

Every commissioned officer of the organized militia shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this chapter. The oath shall be taken and subscribed before an officer of the organized militia authorized to administer oaths as provided in this chapter or before a notary public or other officer authorized by the laws of this state to administer oaths.
O.C.G.A. § 38-3-163 — GA Code / Title 38 / Chapter 3 / Section 38-3-163
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-163
Status: in_force

(a) For health services and veterinary services provided by volunteer health practitioners pursuant to this article while an emergency declaration is in effect, the Governor may waive, limit, restrict, or otherwise regulate: (1) The duration of practice by such volunteer health practitioners with respect to such services; (2) The geographical areas in which such volunteer health practitioners may practice with respect to such services; (3) The types of volunteer health practitioners who may practice with respect to such services; and (4) Any other matters necessary to coordinate effectively the provision of health services or veterinary services during the emergency.

(a) For health services and veterinary services provided by volunteer health practitioners pursuant to this article while an emergency declaration is in effect, the Governor may waive, limit, restrict, or otherwise regulate:

(1) The duration of practice by such volunteer health practitioners with respect to such services;

(1) The duration of practice by such volunteer health practitioners with respect to such services;

(2) The geographical areas in which such volunteer health practitioners may practice with respect to such services;

(2) The geographical areas in which such volunteer health practitioners may practice with respect to such services;

(3) The types of volunteer health practitioners who may practice with respect to such services; and

(3) The types of volunteer health practitioners who may practice with respect to such services; and

(4) Any other matters necessary

(4) Any other matters necessary

to coordinate effectively the provision of health services or veterinary services during the emergency.

(b) An order issued pursuant to subsection (a) of this Code section may take effect immediately, without prior notice or comment, and shall not be a rule within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(b) An order issued pursuant to subsection (a) of this Code section may take effect immediately, without prior notice or comment, and shall not be a rule within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(c) A host entity that uses volunteer health practitioners to provide health services or veterinary services in this state shall: (1) Consult and coordinate its activities with the Georgia Emergency Management and Homeland Security Agency, consistent with the Georgia Emergency Operations Plan, to provide for the efficient and effective use of volunteer health practitioners; and (2) Comply with the laws of this state relating to the management of emergency health services or veterinary services.

(c) A host entity that uses volunteer health practitioners to provide health services or veterinary services in this state shall:

(1) Consult and coordinate its activities with the Georgia Emergency Management and Homeland Security Agency, consistent with the Georgia Emergency Operations Plan, to provide for the efficient and effective use of volunteer health practitioners; and

(1) Consult and coordinate its activities with the Georgia Emergency Management and Homeland Security Agency, consistent with the Georgia Emergency Operations Plan, to provide for the efficient and effective use of volunteer health practitioners; and

(2) Comply with the laws of this state relating to the management of emergency health services or veterinary services.

(2) Comply with the laws of this state relating to the management of emergency health services or veterinary services.
O.C.G.A. § 38-2-26 — GA Code / Title 38 / Chapter 2 / Section 38-2-26
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-26
Status: in_force

Unless the same shall be furnished by the United States, counties, or municipal corporations, the state shall provide armory accommodations, bases, camps, target ranges, and mooring and other facilities and shall maintain the same for units of the Army National Guard, the Air National Guard, and the Naval Militia allotted to the state under the laws of the United States, accepted by the Governor, and organized under the authority of this chapter.
O.C.G.A. § 38-2-31 — GA Code / Title 38 / Chapter 2 / Section 38-2-31
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-31
Status: in_force

(a) Under the direction of the Governor, the adjutant general shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any force of the organized militia on active service may purchase such necessities as are required for the immediate use and care of his command. A report of such purchases shall be made forthwith to the adjutant general.

(a) Under the direction of the Governor, the adjutant general shall authorize the purchase of such military property as may be required for the use of the organized militia. In extreme emergencies, however, the commanding officer of any force of the organized militia on active service may purchase such necessities as are required for the immediate use and care of his command. A report of such purchases shall be made forthwith to the adjutant general.

(b) No military property shall be issued to persons or organizations other than those belonging to the organized militia and such forces as may be organized pursuant to Code Section 38-2-70 . Obsolete ordnance property of the state, however, may be issued by the adjutant general, with the approval of the Governor, to municipalities and to educational, patriotic, and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to this chapter.

(b) No military property shall be issued to persons or organizations other than those belonging to the organized militia and such forces as may be organized pursuant to Code Section 38-2-70 . Obsolete ordnance property of the state, however, may be issued by the adjutant general, with the approval of the Governor, to municipalities and to educational, patriotic, and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to this chapter.
O.C.G.A. § 38-2-4 — GA Code / Title 38 / Chapter 2 / Section 38-2-4
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-4
Status: in_force

Persons within this state who are not citizens thereof and resident aliens shall not be liable to militia duty, except in repelling local invasions or suppressing insurrections.
O.C.G.A. § 38-2-1047 — GA Code / Title 38 / Chapter 2 / Section 38-2-1047
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1047
Status: in_force

(a) Any person not subject to this article who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court; (2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and (3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce shall be punished by the military court in the same manner as a criminal court of this state.

(a) Any person not subject to this article who:

(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court;

(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court;

(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and

(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and

(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce

(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce

shall be punished by the military court in the same manner as a criminal court of this state.

(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.

(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.
O.C.G.A. § 38-2-1030 — GA Code / Title 38 / Chapter 2 / Section 38-2-1030
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1030
Status: in_force

(a) Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section 38-2-1136 to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and (2) That the same are true in fact to the best of the signer's knowledge and belief.

(a) Charges and specifications shall be signed by a person subject to this article under oath before a commissioned officer authorized by Code Section 38-2-1136 to administer oaths and shall state:

(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and

(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and

(2) That the same are true in fact to the best of the signer's knowledge and belief.

(2) That the same are true in fact to the best of the signer's knowledge and belief.

(b) Upon the preferring of charges, the convening authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.

(b) Upon the preferring of charges, the convening authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.

(c) The preferring of charges and findings and sentence of a general court-martial or special court-martial, or other disposition of the charges of the general court-martial or special court-martial, shall be reported to the Georgia Crime Information Center. The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the means, manner, and methods of such reporting to the Georgia Crime Information Center.

(c) The preferring of charges and findings and sentence of a general court-martial or special court-martial, or other disposition of the charges of the general court-martial or special court-martial, shall be reported to the Georgia Crime Information Center. The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the means, manner, and methods of such reporting to the Georgia Crime Information Center.
O.C.G.A. § 38-4-54 — GA Code / Title 38 / Chapter 4 / Section 38-4-54
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-54
Status: in_force

All federal funds received by the Veterans Service Board and paid into the state treasury are continually appropriated to the Veterans Service Board in the exact amounts, for the care and support of disabled war veterans, as received from the federal government. This is not intended as a limitation upon the power of the General Assembly to make such additional appropriation to provide for the care and support of disabled veterans as it may from time to time see fit to make.
O.C.G.A. § 38-3-140 — GA Code / Title 38 / Chapter 3 / Section 38-3-140
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-140
Status: in_force

This article shall be known and may be cited as the “Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008.”
O.C.G.A. § 38-2-1110 — GA Code / Title 38 / Chapter 2 / Section 38-2-1110
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1110
Status: in_force

(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any organized militia shall be punished as a court-martial may direct.

(a) Any person subject to this article who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any organized militia shall be punished as a court-martial may direct.

(b) Any person subject to this article who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the organized militia shall be punished as a court-martial may direct.

(b) Any person subject to this article who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the organized militia shall be punished as a court-martial may direct.
O.C.G.A. § 38-2-1003 — GA Code / Title 38 / Chapter 2 / Section 38-2-1003
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1003
Status: in_force

(a) Each person discharged from the organized militia who is later charged with having fraudulently obtained such discharge shall be, subject to Code Section 38-2-1043 , subject to trial by court-martial on that charge and is, after apprehension, subject to this article while in custody under the direction of the organized militia for that trial. Upon conviction of such charge, such person shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge.

(a) Each person discharged from the organized militia who is later charged with having fraudulently obtained such discharge shall be, subject to Code Section 38-2-1043 , subject to trial by court-martial on that charge and is, after apprehension, subject to this article while in custody under the direction of the organized militia for that trial. Upon conviction of such charge, such person shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge.

(b) No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any later period of service.

(b) No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any later period of service.
O.C.G.A. § 38-2-173 — GA Code / Title 38 / Chapter 2 / Section 38-2-173
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-173
Status: in_force

When there is no state appropriation or funds available for the purpose of paying the expenses incident to carrying out the provisions of this chapter having reference to repelling an invasion, suppressing an insurrection, or defending the state in time of war, as authorized by Article VII, Section IV, Paragraphs I and VI of the Constitution of this state , the Governor may borrow money for such purpose in such sum or sums as may from time to time be required; and any such loans so obtained shall be promptly repaid out of the first funds that become available for such use.
O.C.G.A. § 38-2-215 — GA Code / Title 38 / Chapter 2 / Section 38-2-215
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-215
Status: in_force

(a) The efficiency, moral character, and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless such senior officers are unavailable.

(a) The efficiency, moral character, and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless such senior officers are unavailable.

(b) The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers.

(b) The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers.

(c) Efficiency and medical examining boards shall be appointed by the Governor upon the recommendation of the adjutant general; provided, however, that whenever an examining board is appointed for the purpose of determining the fitness of any officer for continued federal recognition, the board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.

(c) Efficiency and medical examining boards shall be appointed by the Governor upon the recommendation of the adjutant general; provided, however, that whenever an examining board is appointed for the purpose of determining the fitness of any officer for continued federal recognition, the board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.
O.C.G.A. § 38-4-35 — GA Code / Title 38 / Chapter 4 / Section 38-4-35
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-35
Status: in_force

Nothing in this part shall be construed to limit the power of the Governor to create or authorize the formation of such advisory bodies or voluntary groups of citizens, primarily interested in the education of veterans, as may be deemed desirable in developing the recommendation and formulation of sound educational policies covering the professional aspects involved in the execution of this part.
O.C.G.A. § 38-3-187 — GA Code / Title 38 / Chapter 3 / Section 38-3-187
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-187
Status: in_force

The authority and telecommunications service suppliers shall work in cooperation with the state to plan for and implement a state-wide public safety communications network.
O.C.G.A. § 38-2-1105 — GA Code / Title 38 / Chapter 2 / Section 38-2-1105
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1105
Status: in_force

Any person subject to this article shall be punished as a court-martial may direct who, while in the hands of the enemy in time of war:

(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2) While in a position of authority over such persons maltreats them without justifiable cause.

(2) While in a position of authority over such persons maltreats them without justifiable cause.
O.C.G.A. § 38-2-273 — GA Code / Title 38 / Chapter 2 / Section 38-2-273
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-273
Status: in_force

Any person belonging to the organized militia shall, together with the conveyance and property of the state or of the United States in his charge, be allowed to pass free through all tollgates and tunnels and over all toll bridges and ferries if he is in uniform and presents an order for duty or certificate of an order for duty.
O.C.G.A. § 38-2-23 — GA Code / Title 38 / Chapter 2 / Section 38-2-23
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-23
Status: in_force

The State Defense Force, whenever such a state force shall be duly organized under the Constitutions and laws of the United States and of this state, shall be a force of the organized militia.
O.C.G.A. § 38-2-1054 — GA Code / Title 38 / Chapter 2 / Section 38-2-1054
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1054
Status: in_force

(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.

(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.

(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. (2) In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.

(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.

(2) In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(2) In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
O.C.G.A. § 38-2-1041 — GA Code / Title 38 / Chapter 2 / Section 38-2-1041
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1041
Status: in_force

(a)(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (2) If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 38-2-1016 , all parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time.

(a)(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(a)(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, if one, or the court shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 38-2-1016 , all parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time.

(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 38-2-1016 , all parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court; provided, however, that peremptory challenges shall not be exercised at such time.

(b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause. (2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 38-2-1016 , the parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court. (3) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

(b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause.

(b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause.

(2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 38-2-1016 , the parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.

(2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 38-2-1016 , the parties shall, notwithstanding Code Section 38-2-1029 , either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.

(3) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

(3) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
O.C.G.A. § 38-2-1057 — GA Code / Title 38 / Chapter 2 / Section 38-2-1057
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1057
Status: in_force

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture shall apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date.

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture shall apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date.

(b) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(b) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(c) All sentences of courts-martial, except as provided for by subsections (a) and (b) of this Code section, shall be effective on the date ordered executed.

(c) All sentences of courts-martial, except as provided for by subsections (a) and (b) of this Code section, shall be effective on the date ordered executed.
O.C.G.A. § 38-3-55 — GA Code / Title 38 / Chapter 3 / Section 38-3-55
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-55
Status: in_force

The provisions of Code Sections 38-3-52 through 38-3-54 shall be operative only in the event and for the duration of an emergency or disaster of manmade or natural causes or enemy attack impending on or affecting this state or the United States, as proclaimed by an appropriate state official.
O.C.G.A. § 38-2-70 — GA Code / Title 38 / Chapter 2 / Section 38-2-70
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-70
Status: in_force

To the extent permitted by the Constitution and laws of the United States, the Governor may:

(1) Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest;

(1) Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest;

(2) Prescribe for those organizations enumerated in paragraph (1) of this Code section such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper; and

(2) Prescribe for those organizations enumerated in paragraph (1) of this Code section such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper; and

(3) Provide for the separate organization of the unorganized militia and authorize the enlistment in such organizations of persons volunteering for such service who are not otherwise subject to military duty under Code Section 38-2-3 .

(3) Provide for the separate organization of the unorganized militia and authorize the enlistment in such organizations of persons volunteering for such service who are not otherwise subject to military duty under Code Section 38-2-3 .
O.C.G.A. § 38-3-188 — GA Code / Title 38 / Chapter 3 / Section 38-3-188
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-188
Status: in_force

(a) The Department of Revenue shall retain and remit from the total amount of funds collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-185 and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and an amount equal to 0.75 percent of the total amount to the Peace Officers' Annuity and Benefit Fund as further provided for in Code Section 47-17-63 .

(a) The Department of Revenue shall retain and remit from the total amount of funds collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-185 and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and an amount equal to 0.75 percent of the total amount to the Peace Officers' Annuity and Benefit Fund as further provided for in Code Section 47-17-63 .

(b) Except for the amounts retained by the authority, Department of Revenue, Peace Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections 38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by service suppliers shall be paid by the Department of Revenue to each local government on a pro rata basis based on the remitted amounts attributable to each such local government reported by service suppliers in the reports required by subsection (b) of Code Section 38-3-185 . Such payments shall be made by the Department of Revenue to such local governments not later than 30 days following the date charges must be remitted by service suppliers to the Department of Revenue pursuant to subsection (a) of Code Section 38-3-185 . Under no circumstances shall such payments be, or be deemed to be, revenues of the state and such payments shall not be subject to or available for appropriation by the state for any purpose.

(b) Except for the amounts retained by the authority, Department of Revenue, Peace Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections 38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by service suppliers shall be paid by the Department of Revenue to each local government on a pro rata basis based on the remitted amounts attributable to each such local government reported by service suppliers in the reports required by subsection (b) of Code Section 38-3-185 . Such payments shall be made by the Department of Revenue to such local governments not later than 30 days following the date charges must be remitted by service suppliers to the Department of Revenue pursuant to subsection (a) of Code Section 38-3-185 . Under no circumstances shall such payments be, or be deemed to be, revenues of the state and such payments shall not be subject to or available for appropriation by the state for any purpose.
O.C.G.A. § 38-2-1070 — GA Code / Title 38 / Chapter 2 / Section 38-2-1070
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1070
Status: in_force

(a) The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state.

(a) The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section 38-2-1067 and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state.

(b) Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

(b) Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

(c) Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority.

(c) Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority.

(d) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this Code section.

(d) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this Code section.

(e) An accused may be represented by civilian appellate counsel at no expense to the state.

(e) An accused may be represented by civilian appellate counsel at no expense to the state.
O.C.G.A. § 38-4-34 — GA Code / Title 38 / Chapter 4 / Section 38-4-34
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-34
Status: in_force

In the execution of all programs for the education and training of veterans as provided in this part, the Department of Veterans Service shall cooperate with the proper officials of private schools, colleges, and universities of the state which are not under the official jurisdiction of the public educational authorities of the state in the placing of veterans at such institutions for education and training and shall, so far as possible, coordinate the programs of the private institutions with the standards of public institutions.
O.C.G.A. § 38-2-272 — GA Code / Title 38 / Chapter 2 / Section 38-2-272
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-272
Status: in_force

No person belonging to the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. No part of the uniform or equipment of any officer or enlisted man of the organized militia shall be subject to levy and sale for debts.
O.C.G.A. § 38-3-184 — GA Code / Title 38 / Chapter 3 / Section 38-3-184
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-184
Status: in_force

The Attorney General shall provide legal services for the authority and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
O.C.G.A. § 38-3-33 — GA Code / Title 38 / Chapter 3 / Section 38-3-33
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-33
Status: in_force

Any person, including anyone in the business of selling or leasing new or used equipment, who provides equipment to the state or to any political subdivision of the state at no cost during an emergency or disaster situation, whether or not officially declared as such, for use in meeting any exigency caused by the emergency or disaster situation shall not be liable for any civil damages as a result of any act or omission by the person in providing the equipment.
O.C.G.A. § 38-2-53 — GA Code / Title 38 / Chapter 2 / Section 38-2-53
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-53
Status: in_force

Enlisted persons of the Georgia National Guard may be detailed by the adjutant general to duty with the State Defense Force or any unit, headquarters, staff, or cadre thereof; and such persons may be relieved from such detail in the discretion of the adjutant general.
O.C.G.A. § 38-2-233 — GA Code / Title 38 / Chapter 2 / Section 38-2-233
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-233
Status: in_force

(a) An enlisted person may be discharged from any force of the organized militia prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States and by this chapter and regulations issued pursuant thereto.

(a) An enlisted person may be discharged from any force of the organized militia prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States and by this chapter and regulations issued pursuant thereto.

(b) An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to this chapter.

(b) An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to this chapter.
O.C.G.A. § 38-2-1058 — GA Code / Title 38 / Chapter 2 / Section 38-2-1058
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1058
Status: in_force

(a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, shall be carried into execution by confinement in any place authorized by this article. Persons so confined shall be subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

(a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, shall be carried into execution by confinement in any place authorized by this article. Persons so confined shall be subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

(b) The omission of hard labor as a sentence authorized under this article shall not deprive a confinement facility from employing it, if it otherwise is within the authority of that facility to do so.

(b) The omission of hard labor as a sentence authorized under this article shall not deprive a confinement facility from employing it, if it otherwise is within the authority of that facility to do so.

(c) No place of confinement shall require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.

(c) No place of confinement shall require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
O.C.G.A. § 38-4-71 — GA Code / Title 38 / Chapter 4 / Section 38-4-71
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-71
Status: in_force

(a) Each Georgia veterans cemetery shall be under the control and administration of the Department of Veterans Service.

(a) Each Georgia veterans cemetery shall be under the control and administration of the Department of Veterans Service.

(b) Applications for interment in a Georgia veterans cemetery shall be processed in accordance with rules and regulations promulgated by the Department of Veterans Service.

(b) Applications for interment in a Georgia veterans cemetery shall be processed in accordance with rules and regulations promulgated by the Department of Veterans Service.
O.C.G.A. § 38-2-1116 — GA Code / Title 38 / Chapter 2 / Section 38-2-1116
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1116
Status: in_force

Any person subject to this article who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
O.C.G.A. § 38-2-1011 — GA Code / Title 38 / Chapter 2 / Section 38-2-1011
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1011
Status: in_force

Confinement and imprisonment other than in a guard house, whether prior to, during, or after trial by a military court, shall be executed in jails or correctional institutions designated by the Governor, or by the adjutant general under delegation by the Governor, for that purpose.
O.C.G.A. § 38-3-40 — GA Code / Title 38 / Chapter 3 / Section 38-3-40
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-40
Status: in_force

As used in this article, the term:

(1) “ Board ” means the Board of Homeland Security.

(1) “ Board ” means the Board of Homeland Security.

(2) “ Center ” means the Georgia Information Sharing and Analysis Center.

(2) “ Center ” means the Georgia Information Sharing and Analysis Center.

(3) “Critical infrastructure” shall have the same meaning as set forth in Code Section 16-11-220 .

(3) “Critical infrastructure” shall have the same meaning as set forth in Code Section 16-11-220 .

(4) “Domestic terrorism” shall have the same meaning as set forth in Code Section 16-11-220 .

(4) “Domestic terrorism” shall have the same meaning as set forth in Code Section 16-11-220 .

(5) “Public transportation system” shall have the same meaning as set forth in Code Section 16-11-220 .

(5) “Public transportation system” shall have the same meaning as set forth in Code Section 16-11-220 .

(6) “Serious bodily harm” shall have the same meaning as set forth in Code Section 16-11-220 .

(6) “Serious bodily harm” shall have the same meaning as set forth in Code Section 16-11-220 .

(7) “State or government facility” shall have the same meaning as set forth in Code Section 16-11-220 .

(7) “State or government facility” shall have the same meaning as set forth in Code Section 16-11-220 .
O.C.G.A. § 38-3-80 — GA Code / Title 38 / Chapter 3 / Section 38-3-80
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-80
Status: in_force

This article shall be known and may be cited as the “Emergency Management Assistance Compact.”
O.C.G.A. § 38-4-92 — GA Code / Title 38 / Chapter 4 / Section 38-4-92
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-92
Status: in_force

The task force shall meet at least quarterly and shall investigate how state services can be provided to veterans returning from military service from which the veteran was discharged under conditions other than dishonorable within the most recent three years in order to assist them in integrating into society. The task force shall issue recommendations to each relevant state agency regarding improving the delivery of services to returning veterans. On or before November 1 of each year, the task force shall transmit specific suggestions for legislation designed to assist returning veterans to the Speaker of the House of Representatives, the Lieutenant Governor, and the Governor.
O.C.G.A. § 38-4-72 — GA Code / Title 38 / Chapter 4 / Section 38-4-72
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-72
Status: in_force

The Department of Veterans Service is designated as the agency of this state to receive federal aid under Title 38 U.S.C., as amended, and is authorized and directed to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans cemetery. The Department of Veterans Service is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Department of Veterans Service pursuant to this Code section shall be expended to establish, operate, and maintain veterans cemeteries in this state. The Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part.
O.C.G.A. § 38-2-216 — GA Code / Title 38 / Chapter 2 / Section 38-2-216
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-216
Status: in_force

Efficiency and medical examining boards appointed by the Governor are vested with the powers of courts of inquiry and courts-martial. The boards shall follow the practice and procedure prescribed by applicable laws of the United States and the state and the regulations issued thereunder. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses, and to call witnesses in his behalf. He shall at all stages of the proceeding be allowed full access to records pertinent to his case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by the board that the officer ordered to appear should be discharged. If the findings of the board are unfavorable to an officer and are approved as provided by applicable laws of the United States or by the Governor, the Governor shall relieve the officer from duty and shall give him a discharge in such form as may be appropriate; provided, however, that if the discharge of an officer is recommended solely because of physical inability to perform active service, the officer may be transferred to the state reserve list or the state retired list in accordance with this chapter.
O.C.G.A. § 38-3-166 — GA Code / Title 38 / Chapter 3 / Section 38-3-166
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-166
Status: in_force

This article shall not affect credentialing or privileging standards of a health facility and shall not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
O.C.G.A. § 38-2-1108 — GA Code / Title 38 / Chapter 2 / Section 38-2-1108
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1108
Status: in_force

Any person subject to this article shall be punished as a court-martial may direct who, without proper authority:

(1) Takes, sells, or otherwise disposes of any military property of the United States or of another state;

(1) Takes, sells, or otherwise disposes of any military property of the United States or of another state;

(2) Willfully or through neglect damages, destroys, or loses any military property of the United States or of another state; or

(2) Willfully or through neglect damages, destroys, or loses any military property of the United States or of another state; or

(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or of another state.

(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or of another state.
O.C.G.A. § 38-2-1007 — GA Code / Title 38 / Chapter 2 / Section 38-2-1007
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1007
Status: in_force

(a) Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any peace officer or civil officer having authority to take offenders into custody under the laws of the United States or of another state, may do so upon probable cause that an offense has been committed and that the person taken into custody committed it.

(a) Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any peace officer or civil officer having authority to take offenders into custody under the laws of the United States or of another state, may do so upon probable cause that an offense has been committed and that the person taken into custody committed it.

(b) Commissioned officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell quarrels, frays, and disorders among persons subject to this article and to take persons into custody subject to this article who take part therein.

(b) Commissioned officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell quarrels, frays, and disorders among persons subject to this article and to take persons into custody subject to this article who take part therein.

(c) If an offender is taken into custody outside this state, the offender's return to this state shall be in accordance with normal extradition procedures or by reciprocal agreement.

(c) If an offender is taken into custody outside this state, the offender's return to this state shall be in accordance with normal extradition procedures or by reciprocal agreement.

(d) No person authorized by this article to take persons into custody subject to this article, or the place where such offender is confined, restrained, held, or otherwise housed, shall require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.

(d) No person authorized by this article to take persons into custody subject to this article, or the place where such offender is confined, restrained, held, or otherwise housed, shall require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
O.C.G.A. § 38-2-1094 — GA Code / Title 38 / Chapter 2 / Section 38-2-1094
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1094
Status: in_force

(a) Any person subject to this article who: (1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance shall be guilty of mutiny; (2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority shall be guilty of sedition; or (3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, shall be guilty of a failure to suppress or report a mutiny or sedition.

(a) Any person subject to this article who:

(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance shall be guilty of mutiny;

(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance shall be guilty of mutiny;

(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority shall be guilty of sedition; or

(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority shall be guilty of sedition; or

(3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, shall be guilty of a failure to suppress or report a mutiny or sedition.

(3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, shall be guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
O.C.G.A. § 38-2-1117 — GA Code / Title 38 / Chapter 2 / Section 38-2-1117
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1117
Status: in_force

Any person subject to this article who uses provoking or reproachful words or gestures toward any other person subject to this article shall be punished as a court-martial may direct.
O.C.G.A. § 38-2-5 — GA Code / Title 38 / Chapter 2 / Section 38-2-5
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-5
Status: in_force

When the militia of the state is called into federal service under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary; and, if the number available is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their state designations shall not be given to new organizations.
O.C.G.A. § 38-3-24 — GA Code / Title 38 / Chapter 3 / Section 38-3-24
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-24
Status: in_force

The Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and of materials for national defense or for use in any defense industry. He may coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will best effectuate such plans.
O.C.G.A. § 38-4-6 — GA Code / Title 38 / Chapter 4 / Section 38-4-6
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-6
Status: in_force

(a) The Veterans Service Board shall recommend to the commissioner matters of policy, procedure, and work projects.

(a) The Veterans Service Board shall recommend to the commissioner matters of policy, procedure, and work projects.

(b) The board shall select a commissioner of veterans service, who shall serve for a term of four years and who shall be chief executive and administrative official of the department and the board. The board, however, at any time for good and sufficient cause, properly shown, may dispense with the services of the commissioner after notice has been given to the commissioner and a hearing has been held before the board, at which hearing the commissioner shall be heard in person, by counsel, or both. No person who serves as commissioner shall be eligible, except as provided in subsection (c) of this Code section, to run as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as provided in subsection (c) of this Code section, during the time he serves as commissioner and for a period of 12 months after the date he ceases to serve as commissioner.

(b) The board shall select a commissioner of veterans service, who shall serve for a term of four years and who shall be chief executive and administrative official of the department and the board. The board, however, at any time for good and sufficient cause, properly shown, may dispense with the services of the commissioner after notice has been given to the commissioner and a hearing has been held before the board, at which hearing the commissioner shall be heard in person, by counsel, or both. No person who serves as commissioner shall be eligible, except as provided in subsection (c) of this Code section, to run as a candidate in any primary, special, or general election for any state or federal elective office nor to hold any such office, except as provided in subsection (c) of this Code section, during the time he serves as commissioner and for a period of 12 months after the date he ceases to serve as commissioner.

(c) Notwithstanding subsection (b) of this Code section, nothing contained in this Code section shall prevent the commissioner from being appointed to any such office nor disqualify the commissioner to run in any such elections to succeed himself in any office to which he might have been appointed nor to hold such office in the event he is elected thereto and qualifies under the requirements of law.

(c) Notwithstanding subsection (b) of this Code section, nothing contained in this Code section shall prevent the commissioner from being appointed to any such office nor disqualify the commissioner to run in any such elections to succeed himself in any office to which he might have been appointed nor to hold such office in the event he is elected thereto and qualifies under the requirements of law.
O.C.G.A. § 38-3-63 — GA Code / Title 38 / Chapter 3 / Section 38-3-63
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-63
Status: in_force

Upon an authorized judicial official issuing an order declaring the existence of a judicial emergency, or any modification or extension of such an order, the authorized judicial official issuing the order, modification, or extension to the extent permitted by the circumstances underlying the judicial emergency shall:

(1) Immediately notify the Chief Justice of the Georgia Supreme Court of the action;

(1) Immediately notify the Chief Justice of the Georgia Supreme Court of the action;

(2) Notify and serve a copy of the order, modification, or extension on the judges and clerks of all courts sitting within the jurisdictions affected and on the clerks of the Georgia Court of Appeals and the Georgia Supreme Court, such service to be accomplished through reasonable means to assure expeditious receipt; and

(2) Notify and serve a copy of the order, modification, or extension on the judges and clerks of all courts sitting within the jurisdictions affected and on the clerks of the Georgia Court of Appeals and the Georgia Supreme Court, such service to be accomplished through reasonable means to assure expeditious receipt; and

(3) Give notice of the issuance of the order, modification, or extension to the affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated to reach the affected parties, counsel for the affected parties, and the public and may, without limitation, include mailing, publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public gathering sites, transmittal by facsimile or e-mail, and announcements on television, radio, and public address systems.

(3) Give notice of the issuance of the order, modification, or extension to the affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated to reach the affected parties, counsel for the affected parties, and the public and may, without limitation, include mailing, publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public gathering sites, transmittal by facsimile or e-mail, and announcements on television, radio, and public address systems.
O.C.G.A. § 38-3-70 — GA Code / Title 38 / Chapter 3 / Section 38-3-70
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-70
Status: in_force

This article shall be known and may be cited as the “Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA).”
O.C.G.A. § 38-2-192 — GA Code / Title 38 / Chapter 2 / Section 38-2-192
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-192
Status: in_force

The equipping and maintenance of facilities defined in Code Section 38-2-190 shall be from funds appropriated and provided by the state, the United States, the counties, and municipalities, in whole or jointly, and, in the case of armories, from funds derived from rentals as set forth in Code Section 38-2-195 .
O.C.G.A. § 38-2-1137 — GA Code / Title 38 / Chapter 2 / Section 38-2-1137
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1137
Status: in_force

(a)(1) The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member's initial entrance into a duty status with the organized militia. (2) Such articles as provided for by paragraph (1) of this subsection shall be explained again: (A) After the member has completed basic or recruit training; and (B) At the time when the member reenlists. (3) This subsection shall apply with respect to this Code section and Code Sections 38-2-1002 through 38-2-1005 , 38-2-1007 through 38-2-1014 , 38-2-1015 , 38-2-1025 , 38-2-1027 , 38-2-1031 , 38-2-1037 , 38-2-1038 , 38-2-1055 , 38-2-1077 through 38-2-1134 , 38-2-1138 , and 38-2-1139 .

(a)(1) The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member's initial entrance into a duty status with the organized militia.

(a)(1) The Code sections specified in paragraph (3) of this subsection shall be carefully explained to each enlisted member at the time of, or within 90 days after, the member's initial entrance into a duty status with the organized militia.

(2) Such articles as provided for by paragraph (1) of this subsection shall be explained again: (A) After the member has completed basic or recruit training; and (B) At the time when the member reenlists.

(2) Such articles as provided for by paragraph (1) of this subsection shall be explained again:

(A) After the member has completed basic or recruit training; and

(A) After the member has completed basic or recruit training; and

(B) At the time when the member reenlists.

(B) At the time when the member reenlists.

(3) This subsection shall apply with respect to this Code section and Code Sections 38-2-1002 through 38-2-1005 , 38-2-1007 through 38-2-1014 , 38-2-1015 , 38-2-1025 , 38-2-1027 , 38-2-1031 , 38-2-1037 , 38-2-1038 , 38-2-1055 , 38-2-1077 through 38-2-1134 , 38-2-1138 , and 38-2-1139 .

(3) This subsection shall apply with respect to this Code section and Code Sections 38-2-1002 through 38-2-1005 , 38-2-1007 through 38-2-1014 , 38-2-1015 , 38-2-1025 , 38-2-1027 , 38-2-1031 , 38-2-1037 , 38-2-1038 , 38-2-1055 , 38-2-1077 through 38-2-1134 , 38-2-1138 , and 38-2-1139 .

(b) The text of this article and of the regulations prescribed hereunder shall be made available to a member of the organized militia, upon request by the member, for the member's personal examination.

(b) The text of this article and of the regulations prescribed hereunder shall be made available to a member of the organized militia, upon request by the member, for the member's personal examination.

(c) Failure to provide the explanations of this article as provided for by this Code section shall not be a defense to a court-martial proceeding, the administration of nonjudicial punishment, or any other action.

(c) Failure to provide the explanations of this article as provided for by this Code section shall not be a defense to a court-martial proceeding, the administration of nonjudicial punishment, or any other action.
O.C.G.A. § 38-2-1010 — GA Code / Title 38 / Chapter 2 / Section 38-2-1010
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1010
Status: in_force

Any person subject to this article who is charged with an offense under this article shall be ordered into arrest or confinement by the adjutant general, as circumstances may require. When any person subject to this article is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused, and diligent steps shall be taken to try him or her or to dismiss the charges and release him or her.
O.C.G.A. § 38-2-1009 — GA Code / Title 38 / Chapter 2 / Section 38-2-1009
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1009
Status: in_force

(a) An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commissioned officers, warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command, or subject to the commanding officer's authority, into arrest or confinement.

(a) An enlisted member may be ordered into arrest or confinement by any commander in the grade of O-4 or above by an order, oral or written, delivered in person or through any other person who is subject to this article. A commander in the grade of O-4 or above may authorize commissioned officers, warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command, or subject to the commanding officer's authority, into arrest or confinement.

(b) A commissioned officer, a warrant officer, or a civilian subject to this article or to trial thereunder may be ordered into arrest or confinement only by a commanding officer in the grade of O-6 or above to whose authority the person is subject by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement shall not be delegated.

(b) A commissioned officer, a warrant officer, or a civilian subject to this article or to trial thereunder may be ordered into arrest or confinement only by a commanding officer in the grade of O-6 or above to whose authority the person is subject by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement shall not be delegated.

(c) No person may be ordered into arrest or confinement except for probable cause.

(c) No person may be ordered into arrest or confinement except for probable cause.

(d) This article shall not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

(d) This article shall not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

(e) The Governor, or the adjutant general under delegation by the Governor, may by written order, or regulations issued pursuant to Part 1 of Article 2 of this chapter, further limit who may order the arrest or confinement of members.

(e) The Governor, or the adjutant general under delegation by the Governor, may by written order, or regulations issued pursuant to Part 1 of Article 2 of this chapter, further limit who may order the arrest or confinement of members.
O.C.G.A. § 38-2-130 — GA Code / Title 38 / Chapter 2 / Section 38-2-130
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-130
Status: in_force

There shall be an agency of the state government to be known as the Department of Defense of the State of Georgia which shall be composed of the military agency as provided in the laws of this state. The adjutant general shall be the executive head of the Department of Defense.
O.C.G.A. § 38-2-1141 — GA Code / Title 38 / Chapter 2 / Section 38-2-1141
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1141
Status: in_force

The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention, and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military fund as described in Code Section 38-2-170 .
O.C.G.A. § 38-2-1138 — GA Code / Title 38 / Chapter 2 / Section 38-2-1138
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1138
Status: in_force

Any member of the organized militia who believes himself or herself wronged by a commanding officer and who, upon due application to that commanding officer, is refused redress may complain to the assistant adjutant general for army, the assistant adjutant general for air, or the brigadier general in charge of the State Defense Force, as applicable, who shall forward the complaint to the senior force commander over the officer against whom such complaint is made. The senior force commander shall examine into the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the adjutant general a true statement of such complaint with the proceedings had thereon. Any complaint against a senior force commander shall be made to the adjutant general who shall examine into the complaint and take proper measures for redressing the wrong complained of.
O.C.G.A. § 38-4-11 — GA Code / Title 38 / Chapter 4 / Section 38-4-11
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-11
Status: in_force

The commissioner of veterans service shall furnish to the Governor, the members of the General Assembly, the Veterans Service Board, veterans' organizations, and the public generally an annual report with reference to claims presented on behalf of veterans of this state, concerning veterans aided under federal, state, or local legislation, and otherwise to report the activities and accomplishments of the Department of Veterans Service. The commissioner of veterans service shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient.
O.C.G.A. § 38-2-1004 — GA Code / Title 38 / Chapter 2 / Section 38-2-1004
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1004
Status: in_force

When calculating forfeiture punishments under this article for nonactive duty members of the Georgia National Guard, each unit training assembly shall constitute a day. Otherwise, any punishment authorized by this article which is measured in terms of days shall mean successive days when served in a status of annual field training and shall mean succeeding duty days when served in a status other than annual field training.
O.C.G.A. § 38-2-29 — GA Code / Title 38 / Chapter 2 / Section 38-2-29
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-29
Status: in_force

For all purposes under this chapter, members of the organized militia who enter the active military service of the United States in time of war or under a call, order, or draft by the President or who enter and serve on active duty in the military service of the United States in time of peace and who thereafter return to the military service of the state shall be entitled to credit for time so served as if such service had been rendered to the state.
O.C.G.A. § 38-2-1085 — GA Code / Title 38 / Chapter 2 / Section 38-2-1085
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1085
Status: in_force

(a) Any member of the organized militia shall be guilty of desertion who: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

(a) Any member of the organized militia shall be guilty of desertion who:

(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;

(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

(3) Without being regularly separated from the organized militia, enlists or accepts another appointment in the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

(b) Any commissioned officer of the organized militia who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.

(b) Any commissioned officer of the organized militia who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished by: (1) Confinement of not more than ten years or such other punishment as a court-martial may direct if the offense is committed in time of war; or (2) Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.

(c) Any person found guilty of desertion or attempt to desert shall be punished by:

(1) Confinement of not more than ten years or such other punishment as a court-martial may direct if the offense is committed in time of war; or

(1) Confinement of not more than ten years or such other punishment as a court-martial may direct if the offense is committed in time of war; or

(2) Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.

(2) Punishment as a court-martial may direct if the offense occurs at any time other than in time of war.
O.C.G.A. § 38-2-211 — GA Code / Title 38 / Chapter 2 / Section 38-2-211
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-211
Status: in_force

(a) No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral, and professional qualifications as may be prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the organized militia and no appointment as such shall become effective until he shall have taken and subscribed an oath of office.

(a) No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral, and professional qualifications as may be prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the organized militia and no appointment as such shall become effective until he shall have taken and subscribed an oath of office.

(b) Any person who has been dismissed or discharged from the organized militia of this or any other state or from the armed forces of the United States or any reserve component thereof under other than honorable conditions and has not been restored to duty shall not be eligible for appointment as a commissioned officer in any force of the organized militia.

(b) Any person who has been dismissed or discharged from the organized militia of this or any other state or from the armed forces of the United States or any reserve component thereof under other than honorable conditions and has not been restored to duty shall not be eligible for appointment as a commissioned officer in any force of the organized militia.
O.C.G.A. § 38-2-271 — GA Code / Title 38 / Chapter 2 / Section 38-2-271
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-271
Status: in_force

Any civil officer, officer, or member of the militia or any person lawfully aiding him in the performance of any military duty required under this chapter, if subjected to a criminal charge or civil action for any crime or trespass or for injury to person or property which occurred while endeavoring to perform such duty, shall have the right, and it is made the duty of the court in which the indictment, accusation, or action is pending upon the application of any person thus defending, to transfer the trial of the indictment, accusation, or action to some county other than that in which the indictment or accusation was found or the injury done. The transfer shall be made to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel in case of a criminal charge or by the parties and their counsel in case of a civil action. If a county is not thus agreed upon, the judge shall select a county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.
O.C.G.A. § 38-3-29 — GA Code / Title 38 / Chapter 3 / Section 38-3-29
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-29
Status: in_force

(a) The director of each local organization for emergency management, in collaboration with other public and private agencies within this state, may develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted. The arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid arrangements.

(a) The director of each local organization for emergency management, in collaboration with other public and private agencies within this state, may develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted. The arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid arrangements.

(b) The director of each local organization for emergency management, subject to the approval of the Governor, may enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted.

(b) The director of each local organization for emergency management, subject to the approval of the Governor, may enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted.
O.C.G.A. § 38-3-147 — GA Code / Title 38 / Chapter 3 / Section 38-3-147
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-147
Status: in_force

Any person who has given money or any other item of value to another person due in part to such person's use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
O.C.G.A. § 38-2-170 — GA Code / Title 38 / Chapter 2 / Section 38-2-170
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-170
Status: in_force

The General Assembly shall appropriate from time to time a sufficient sum of money, based on estimates and recommendations made by the adjutant general and approved by the Governor, for the purpose of paying the expenses incident to carrying out this chapter. All money so appropriated by the General Assembly shall continue and be kept in the state treasury as a separate fund to be known as the “military fund.” None of the moneys placed in the military fund shall be converted into the general fund of the state treasury, and no part of the military fund shall be used for any purpose except as shall be authorized by law.
O.C.G.A. § 38-2-210 — GA Code / Title 38 / Chapter 2 / Section 38-2-210
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-210
Status: in_force

(a) All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve, or are serving. In the filling of vacancies, preference shall be given to personnel of the organized militia of the state when they are otherwise qualified.

(a) All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve, or are serving. In the filling of vacancies, preference shall be given to personnel of the organized militia of the state when they are otherwise qualified.

(b) Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder.

(b) Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder.
O.C.G.A. § 38-2-1050-1 — GA Code / Title 38 / Chapter 2 / Section 38-2-1050-1
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1050.1
Status: in_force

(a) It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.

(a) It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Mental disease or defect shall not otherwise constitute a defense.

(b) The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.

(b) The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131 .

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section 17-7-131 .
O.C.G.A. § 38-2-1022 — GA Code / Title 38 / Chapter 2 / Section 38-2-1022
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1022
Status: in_force

(a) General courts-martial may be convened by the Governor. The Governor may delegate the authority to convene general courts-martial to the adjutant general, but such authority shall not be delegated further.

(a) General courts-martial may be convened by the Governor. The Governor may delegate the authority to convene general courts-martial to the adjutant general, but such authority shall not be delegated further.

(b) If the Governor is the accuser, the general court-martial shall be convened by the Lieutenant Governor.

(b) If the Governor is the accuser, the general court-martial shall be convened by the Lieutenant Governor.

(c) For administrative purposes other than the actual convening of a general court-martial, the adjutant general shall be considered the general court-martial convening authority.

(c) For administrative purposes other than the actual convening of a general court-martial, the adjutant general shall be considered the general court-martial convening authority.
O.C.G.A. § 38-2-112 — GA Code / Title 38 / Chapter 2 / Section 38-2-112
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-112
Status: in_force

The Governor shall appoint a naval advisor and aide-de-camp, with the rank of captain. No person shall be eligible to hold the office of naval advisor unless he has held a commission in the United States naval service of the rank of lieutenant commander or above and has served not less than two years therein. The naval advisor shall perform such services and duties as the Governor may require, and his commission shall expire with the expiration of the term of the Governor making the appointment.
O.C.G.A. § 38-2-195 — GA Code / Title 38 / Chapter 2 / Section 38-2-195
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-195
Status: in_force

(a) Armories and other facilities which are owned, leased, and operated by the state will not be used at any time by others when the use will interfere in any way with the functions and training of the organized militia unit or units occupying the same.

(a) Armories and other facilities which are owned, leased, and operated by the state will not be used at any time by others when the use will interfere in any way with the functions and training of the organized militia unit or units occupying the same.

(b) The use of armories and other facilities shall be in accordance with regulations issued pursuant to this part.

(b) The use of armories and other facilities shall be in accordance with regulations issued pursuant to this part.

(c) Armories and other facilities of the organized militia shall not be used for political or religious purposes, except that an armory may be used for the purpose of holding the national or state convention of a political party with the prior approval of the adjutant general.

(c) Armories and other facilities of the organized militia shall not be used for political or religious purposes, except that an armory may be used for the purpose of holding the national or state convention of a political party with the prior approval of the adjutant general.
O.C.G.A. § 38-2-305 — GA Code / Title 38 / Chapter 2 / Section 38-2-305
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-305
Status: in_force

(a) The commanding officer of any force of the organized militia guarding any jail, building, or other place or escorting any prisoner or performing any other act of duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of the jail, building, or other place, or escort of the prisoner within which unauthorized persons shall not come. Any person coming within the limits so prescribed may be placed in arrest by the military authorities.

(a) The commanding officer of any force of the organized militia guarding any jail, building, or other place or escorting any prisoner or performing any other act of duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of the jail, building, or other place, or escort of the prisoner within which unauthorized persons shall not come. Any person coming within the limits so prescribed may be placed in arrest by the military authorities.

(b) Any person coming within the limits prescribed by the commanding officer of any body or force of the organized militia under subsection (a) of this Code section without the permission of the officer, or refusing to depart after being ordered to do so, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(b) Any person coming within the limits prescribed by the commanding officer of any body or force of the organized militia under subsection (a) of this Code section without the permission of the officer, or refusing to depart after being ordered to do so, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
O.C.G.A. § 38-2-1046 — GA Code / Title 38 / Chapter 2 / Section 38-2-1046
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1046
Status: in_force

The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
O.C.G.A. § 38-3-160 — GA Code / Title 38 / Chapter 3 / Section 38-3-160
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-160
Status: in_force

This article shall be known and may be cited as the “Uniform Emergency Volunteer Health Practitioners Act.”
O.C.G.A. § 38-2-1028 — GA Code / Title 38 / Chapter 2 / Section 38-2-1028
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1028
Status: in_force

Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court.
O.C.G.A. § 38-2-1058-2 — GA Code / Title 38 / Chapter 2 / Section 38-2-1058-2
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1058.2
Status: in_force

(a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period. (2) A sentence covered by this subsection shall be any sentence that includes: (A) Confinement for more than six months; or (B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.

(a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.

(a)(1) A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.

(2) A sentence covered by this subsection shall be any sentence that includes: (A) Confinement for more than six months; or (B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.

(2) A sentence covered by this subsection shall be any sentence that includes:

(A) Confinement for more than six months; or

(A) Confinement for more than six months; or

(B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.

(B) Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.

(b) In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

(b) In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

(c) If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

(c) If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
O.C.G.A. § 38-2-1138-1 — GA Code / Title 38 / Chapter 2 / Section 38-2-1138-1
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1138.1
Status: in_force

(a) The adjutant general, assistant adjutant general for army, or assistant adjutant general for air may issue to any member under his or her authority a state administrative letter of reprimand.

(a) The adjutant general, assistant adjutant general for army, or assistant adjutant general for air may issue to any member under his or her authority a state administrative letter of reprimand.

(b) A state administrative letter of reprimand shall not be filed in the member's federal personnel records unless it meets the requirements for filing under the applicable regulations or instructions of the affected member.

(b) A state administrative letter of reprimand shall not be filed in the member's federal personnel records unless it meets the requirements for filing under the applicable regulations or instructions of the affected member.

(c) A state administrative letter of reprimand shall be included for consideration when determining future assignments within the state for the affected member.

(c) A state administrative letter of reprimand shall be included for consideration when determining future assignments within the state for the affected member.

(d) The member against whom a state administrative letter of reprimand is issued shall have the same rights to review evidence and present a rebuttal as he or she would have if the state administrative letter of reprimand were to be filed in his or her federal personnel file.

(d) The member against whom a state administrative letter of reprimand is issued shall have the same rights to review evidence and present a rebuttal as he or she would have if the state administrative letter of reprimand were to be filed in his or her federal personnel file.
O.C.G.A. § 38-2-9 — GA Code / Title 38 / Chapter 2 / Section 38-2-9
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-9
Status: in_force

(a) Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia.

(a) Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia.

(b) Any officer who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade which is one grade higher than the highest grade previously held by him during such service. In computing the 20 year period, service as an enlisted person shall be counted.

(b) Any officer who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade which is one grade higher than the highest grade previously held by him during such service. In computing the 20 year period, service as an enlisted person shall be counted.

(c) Any warrant officer or enlisted person who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade equivalent to the highest grade held by him during such service. If the grade was of officer grade, subsection (b) of this Code section will govern.

(c) Any warrant officer or enlisted person who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade equivalent to the highest grade held by him during such service. If the grade was of officer grade, subsection (b) of this Code section will govern.

(d) Upon the recommendation of the adjutant general, the Governor may order any person on the state retired list to return to active duty and serve on military courts or boards, perform staff duty in or with the organized militia, or, in time of emergency, perform any military duty in or with the organized militia. In any such case, the person so ordered shall rank in his grade at retirement from the date of the order.

(d) Upon the recommendation of the adjutant general, the Governor may order any person on the state retired list to return to active duty and serve on military courts or boards, perform staff duty in or with the organized militia, or, in time of emergency, perform any military duty in or with the organized militia. In any such case, the person so ordered shall rank in his grade at retirement from the date of the order.

(e) Time spent on the state retired list shall not be credited in the computation of length of service for seniority, pay, promotion, or otherwise, or any of the privileges and exemptions pertaining thereto, except that time served on active duty by order of the Governor shall be credited.

(e) Time spent on the state retired list shall not be credited in the computation of length of service for seniority, pay, promotion, or otherwise, or any of the privileges and exemptions pertaining thereto, except that time served on active duty by order of the Governor shall be credited.
O.C.G.A. § 38-1-2 — GA Code / Title 38 / Chapter 1 / Section 38-1-2
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-1-2
Status: in_force

Subject to the direction of the public officer or authority in charge of a building, office, or meeting hall, political subdivisions of this state are authorized to furnish free of charge a building, office, and meeting hall for the exclusive use of the several nationally recognized veterans' organizations and their auxiliaries. The several nationally recognized veterans' organizations may have access at all times to such building, office, or meeting hall. Political subdivisions also have the right to furnish heat, light, utilities, furniture, and janitorial service at no cost to the veterans' organizations and their auxiliaries.
O.C.G.A. § 38-2-281 — GA Code / Title 38 / Chapter 2 / Section 38-2-281
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-281
Status: in_force

It shall be unlawful for the owner or the owner's agent, whatever may be the latter's designation, of any place of amusement or recreation otherwise open to the general public, admission to which is free or otherwise, to refuse admission or exclude any officer or enlisted man of any component of the armed forces of the United States or the organized militia of this state or of any state, territory, or the District of Columbia from the place of amusement or recreation by reason of such officer's or enlisted man's being in uniform. Any owner or agent aforesaid who violates this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 38-2-234 — GA Code / Title 38 / Chapter 2 / Section 38-2-234
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-234
Status: in_force

When an enlisted person of the organized militia absents himself without leave for three months and there is reason to believe that he does not intend to return, he may be dropped from the rolls under such regulations as may be prescribed pursuant to this chapter.
O.C.G.A. § 38-2-73 — GA Code / Title 38 / Chapter 2 / Section 38-2-73
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-73
Status: in_force

(a) It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under Code Sections 38-2-71 and 38-2-72 to fail to appear at the time and place designated in such order.

(a) It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under Code Sections 38-2-71 and 38-2-72 to fail to appear at the time and place designated in such order.

(b) Any person who commits the offense described in subsection (a) of this Code section shall be guilty of a misdemeanor.

(b) Any person who commits the offense described in subsection (a) of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 38-4-32 — GA Code / Title 38 / Chapter 4 / Section 38-4-32
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-32
Status: in_force

The Department of Veterans Service is designated as the agency of this state:

(1) To cooperate with the proper officials of the United States government in the administration of all laws of the United States conferring educational benefits upon veterans, including manual or other training, and to perform on behalf of this state such acts as may be necessary or required of the state, or any agency of the state, by any act of Congress or any regulation or directive of any federal department, agency, or other instrumentality, in the administration of any such law of the United States;

(1) To cooperate with the proper officials of the United States government in the administration of all laws of the United States conferring educational benefits upon veterans, including manual or other training, and to perform on behalf of this state such acts as may be necessary or required of the state, or any agency of the state, by any act of Congress or any regulation or directive of any federal department, agency, or other instrumentality, in the administration of any such law of the United States;

(2) To accept and administer any federal grant to the state for the purposes enumerated in paragraph (1) of this Code section; and

(2) To accept and administer any federal grant to the state for the purposes enumerated in paragraph (1) of this Code section; and

(3) To enter into contracts with the federal government for the training, placing, or supervision of veterans receiving benefits under federal laws and regulations; and for the qualification, approval, certification, and supervision of educational institutions and training establishments contemplated by any federal program for the education and training of war veterans.

(3) To enter into contracts with the federal government for the training, placing, or supervision of veterans receiving benefits under federal laws and regulations; and for the qualification, approval, certification, and supervision of educational institutions and training establishments contemplated by any federal program for the education and training of war veterans.
O.C.G.A. § 38-3-92 — GA Code / Title 38 / Chapter 3 / Section 38-3-92
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-92
Status: in_force

It is the finding of the General Assembly that natural disasters and disasters created by human agency often arise suddenly and that cooperation among government agencies and volunteer service agencies is vital in coping with such emergencies. The General Assembly further finds that dedicated service by trained and experienced volunteers can help prevent loss and destruction of life and property and that it is in the interest of the state and the citizens of the state to allow certain state employees who are trained and experienced in disaster relief to provide such service for brief periods without loss of pay and benefits.
O.C.G.A. § 38-4-50 — GA Code / Title 38 / Chapter 4 / Section 38-4-50
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-50
Status: in_force

As used in Code Sections 38-4-51 and 38-4-52 , the term “ war veterans ” means any veterans who were discharged under other than dishonorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during the period beginning January 31, 1955, and ending on August 1, 1990, or during the period beginning January 1, 1947, and ending on June 26, 1950.
O.C.G.A. § 38-2-1048 — GA Code / Title 38 / Chapter 2 / Section 38-2-1048
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1048
Status: in_force

(a) A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.

(a) A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.

(b) A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.

(b) A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.

(c) A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.

(c) A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.
O.C.G.A. § 38-2-150 — GA Code / Title 38 / Chapter 2 / Section 38-2-150
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-150
Status: in_force

There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section 38-2-279 , relating to pay for 18 days' absence and emergency pay.
O.C.G.A. § 38-2-1095 — GA Code / Title 38 / Chapter 2 / Section 38-2-1095
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1095
Status: in_force

Any person subject to this article shall be punished as a court-martial may direct who:

(1) Resists apprehension;

(1) Resists apprehension;

(2) Flees from apprehension;

(2) Flees from apprehension;

(3) Breaks arrest; or

(3) Breaks arrest; or

(4) Escapes from custody or confinement.

(4) Escapes from custody or confinement.
O.C.G.A. § 38-2-1090 — GA Code / Title 38 / Chapter 2 / Section 38-2-1090
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1090
Status: in_force

Any person subject to this article who:

(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against said superior commissioned officer while he or she is in the execution of his or her office; or

(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against said superior commissioned officer while he or she is in the execution of his or her office; or

(2) Willfully disobeys a lawful command of his or her superior commissioned officer

(2) Willfully disobeys a lawful command of his or her superior commissioned officer

shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, or if the offense is committed at any time other than a time of war, by such punishment as a court-martial may direct.
O.C.G.A. § 38-2-219 — GA Code / Title 38 / Chapter 2 / Section 38-2-219
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-219
Status: in_force

The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers except that warrant officers who have been absent without leave may be discharged as may be prescribed by the applicable laws of the United States and by this chapter and the regulations issued thereunder.
O.C.G.A. § 38-3-91 — GA Code / Title 38 / Chapter 3 / Section 38-3-91
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-91
Status: in_force

As used in this article, the term:

(1) “Disaster” means a presidentially declared disaster or a state of emergency disaster declared by the Governor of a state.

(1) “Disaster” means a presidentially declared disaster or a state of emergency disaster declared by the Governor of a state.

(2) “State agency” means any department, officer, commission, board, or institution of this state, including the several courts of this state and the General Assembly and its committees or commissions.

(2) “State agency” means any department, officer, commission, board, or institution of this state, including the several courts of this state and the General Assembly and its committees or commissions.
O.C.G.A. § 38-2-1088 — GA Code / Title 38 / Chapter 2 / Section 38-2-1088
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1088
Status: in_force

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the secretary of a military department, the Secretary of Homeland Security, or the Governor or General Assembly shall be punished as a court-martial may direct.
O.C.G.A. § 38-3-1 — GA Code / Title 38 / Chapter 3 / Section 38-3-1
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-1
Status: in_force

Articles 1 through 3 of this chapter may be cited as the “Georgia Emergency Management Act of 1981.”
O.C.G.A. § 38-2-131 — GA Code / Title 38 / Chapter 2 / Section 38-2-131
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-131
Status: in_force

There shall be within the Department of Defense, as a division thereof, a state military agency which shall be styled and known as the “Military Division, Department of Defense” with the adjutant general as the executive head thereof.
O.C.G.A. § 38-2-1055 — GA Code / Title 38 / Chapter 2 / Section 38-2-1055
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1055
Status: in_force

Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
O.C.G.A. § 38-2-1020 — GA Code / Title 38 / Chapter 2 / Section 38-2-1020
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1020
Status: in_force

(a) Subject to Code Section 38-2-1017 , summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(a) Subject to Code Section 38-2-1017 , summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter.

(b) No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article: (1) Confinement for a period of not more than one month; (2) Restriction to specified limits for not more than two months; (3) Forfeiture of all or a portion of pay and allowances for not more than 60 days; (4) Restitution; (5) Reduction of no more than two grades of enlisted persons; (6) A reprimand; and (7) No punishment.

(b) No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:

(1) Confinement for a period of not more than one month;

(1) Confinement for a period of not more than one month;

(2) Restriction to specified limits for not more than two months;

(2) Restriction to specified limits for not more than two months;

(3) Forfeiture of all or a portion of pay and allowances for not more than 60 days;

(3) Forfeiture of all or a portion of pay and allowances for not more than 60 days;

(4) Restitution;

(4) Restitution;

(5) Reduction of no more than two grades of enlisted persons;

(5) Reduction of no more than two grades of enlisted persons;

(6) A reprimand; and

(6) A reprimand; and

(7) No punishment.

(7) No punishment.
O.C.G.A. § 38-2-301 — GA Code / Title 38 / Chapter 2 / Section 38-2-301
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-301
Status: in_force

(a) Whenever any force of the organized militia is or has been called out for the performance of any duty under Code Section 38-2-6 , it shall be lawful for the commanding officer of the force, if in his judgment the maintenance of law and order in the area into which the force has been ordered will be promoted thereby, to close places where arms and ammunition are sold and all places where disorder is likely to occur.

(a) Whenever any force of the organized militia is or has been called out for the performance of any duty under Code Section 38-2-6 , it shall be lawful for the commanding officer of the force, if in his judgment the maintenance of law and order in the area into which the force has been ordered will be promoted thereby, to close places where arms and ammunition are sold and all places where disorder is likely to occur.

(b) Any person who sells or dispenses arms or ammunition in violation of an order of a commanding officer under the authority of subsection (a) of this Code section or who maintains a place ordered to be closed under such authority shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than five years.

(b) Any person who sells or dispenses arms or ammunition in violation of an order of a commanding officer under the authority of subsection (a) of this Code section or who maintains a place ordered to be closed under such authority shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than five years.
O.C.G.A. § 38-3-171 — GA Code / Title 38 / Chapter 3 / Section 38-3-171
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-171
Status: in_force

In applying and construing this uniform Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
O.C.G.A. § 38-3-183 — GA Code / Title 38 / Chapter 3 / Section 38-3-183
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-3-183
Status: in_force

The director of the Georgia Emergency Management and Homeland Security Agency shall appoint an executive director, subject to approval by the board, who shall be the administrative head of the authority, and shall establish the salary of the executive director. The executive director shall serve at the pleasure of such director. The executive director, with the concurrence and approval of such director, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications; set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
O.C.G.A. § 38-2-110 — GA Code / Title 38 / Chapter 2 / Section 38-2-110
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-110
Status: in_force

The Governor shall be the commander in chief of the militia of the state. The Governor is authorized to issue regulations for the government of the militia. Regulations issued by the Governor shall have the same force and effect as this chapter, but they shall conform to the laws and regulations of the United States relating to the organization, discipline, and training of the militia; to this chapter; and, as nearly as practicable, to the laws and regulations governing the army, navy, and air force of the United States. The rules and regulations in force on February 2, 1955, not inconsistent with this chapter, shall remain in force until new rules and regulations are approved and promulgated.
O.C.G.A. § 38-2-1092 — GA Code / Title 38 / Chapter 2 / Section 38-2-1092
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-2-1092
Status: in_force

Any person subject to this article shall be punished as a court-martial may direct who:

(1) Violates or fails to obey any lawful general order or regulation;

(1) Violates or fails to obey any lawful general order or regulation;

(2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; or

(2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; or

(3) Is derelict in the performance of his or her duties.

(3) Is derelict in the performance of his or her duties.
O.C.G.A. § 38-4-31 — GA Code / Title 38 / Chapter 4 / Section 38-4-31
Georgia Code Title 38. Military, Emergency Management, and Veterans Affairs § 38-4-31
Status: in_force

It is declared to be the public policy of this state and the purpose of this part to assist veterans in securing the educational benefits to which they are entitled under any act of Congress, whenever enacted.