reglab/housing_qa huggingface dataset:
GA Code § 38-2-1002 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 1 - General Provisions|§ 38-2-1002. Applicability; Jurisdiction

  This article shall apply to all members of the organized militia at all times and in all places when not serving as provided for by Title 10 of the United States Code.     Subject matter jurisdiction under this article shall be established if a nexus exists between an offense set forth in Part 10 of this article, except as provided in Code Section 38-2-1111 or 38-2-1112.1, and the organized militia. When a member is in a status as provided for by Title 32 of the United States Code or on state active duty, a rebuttable presumption exists that such nexus is established. As used in this paragraph, the term "state active duty" means full-time duty in the organized militia under an order of the Governor or otherwise issued by authority of law and paid by funds of this state, including travel to and from such duty.   Courts-martial shall have primary jurisdiction of an offense set forth in Part 10 of this article, except as provided in Code Section 38-2-1111 or 38-2-1112.1.   A proper civilian court shall have primary jurisdiction of a nonmilitary offense when such act or omission violates both this article and local civilian criminal law, foreign or domestic. In such case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed such charge; provided, however, that jeopardy has not attached.   Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.       (Code 1981, §38-2-1002, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 196.   ALR.    - Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.
GA Code § 38-2-1003 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 1 - General Provisions|§ 38-2-1003. Discharge Fraudulently Obtained

  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.   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.     (Code 1981, §38-2-1003, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 195.   ALR.    - Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.
GA Code § 38-2-1004 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 1 - General Provisions|§ 38-2-1004. Calculating Forfeiture Punishments

 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.    (Code 1981, §38-2-1004, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1005 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 1 - General Provisions|§ 38-2-1005. Territorial Applicability of Article

  This article shall be applicable at all times and in all places, provided that either the person subject to this article is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting an offense under this article and the efficient functioning of the organized militia. Such grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense except when the prohibition of double jeopardy is concerned.   Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside of this state with the same jurisdiction and powers as to persons subject to this article as if such proceedings were held inside this state, and offenses committed outside this state may be tried and punished under this article either inside or outside this state.     (Code 1981, §38-2-1005, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   ALR.    - Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.
GA Code § 38-2-1006 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 1 - General Provisions|§ 38-2-1006. State Judge Advocate; Appointment; Eligibility; Staff Judge Advocate

  The Governor, on the recommendation of the adjutant general, shall appoint an individual to serve as the state judge advocate. To be eligible for such appointment, such individual shall be a judge advocate, a member of the State Bar of Georgia in good standing for not less than ten years, and have not less than five years of continuous service in the army or air National Guard of this state. The state judge advocate shall serve as the primary legal adviser to the adjutant general and shall serve as the judge advocate on the joint staff. The state judge advocate shall supervise the Office of the State Judge Advocate and shall have authority for assignment, placement, and billeting of all judge advocates.   The assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force, on the recommendation of the state judge advocate, shall each appoint a staff judge advocate for the Army National Guard, a staff judge advocate for the Air National Guard, and a staff judge advocate for the State Defense Force, respectively. Such staff judge advocates shall serve as the respective primary legal advisers to the assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force.   The state judge advocate, or his or her assistants, shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia.   Convening authorities shall at all times communicate directly with a judge advocate in the same military service in matters relating to the administration of military justice.   No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act in any capacity in any reviewing authority upon the same case.     (Code 1981, §38-2-1006, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.)
GA Code § 38-2-1007 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1007. Apprehension

  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.   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.   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.   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.     (Code 1981, §38-2-1007, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 203.
GA Code § 38-2-1009 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1009. Who May Order the Arrest or Confinement of Members

  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 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.   No person may be ordered into arrest or confinement except for probable cause.   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.   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.     (Code 1981, §38-2-1009, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 203.
GA Code § 38-2-1010 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1010. Restraint of Persons Charged With Offenses

 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.    (Code 1981, §38-2-1010, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1011 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1011. Confinement and Imprisonment in Civil Jails

 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.    (Code 1981, §38-2-1011, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 217.
GA Code § 38-2-1012 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1012. No Confinement With Enemy Prisoners

 No member of the organized militia shall be placed in confinement in immediate association with enemy prisoners.    (Code 1981, §38-2-1012, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
GA Code § 38-2-1013 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1013. Restriction on Means of Punishment

 No person, while being held for trial or awaiting a verdict, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence and the safety of others, but he or she may be subjected to minor punishment during such period for infractions of discipline. Any person placed in confinement while being held for trial or awaiting a verdict shall be given administrative credit for such time to offset any sentence subsequently imposed.    (Code 1981, §38-2-1013, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 212.
GA Code § 38-2-1014 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 2 - Apprehension and Restraint|§ 38-2-1014. Delivery of Offenders to Civil Authorities

  A person who is subject to this article and accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial or confinement.   When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, the offender, after having answered to the civil authorities for the offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of his or her sentence.     (Code 1981, §38-2-1014, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military, and Civil Defense, §§ 184, 185.   ALR.    - Civil and criminal liability of soldiers, sailors, and militiamen, 147 A.L.R. 1429; 151 A.L.R. 1462; 151 A.L.R. 1463; 153 A.L.R. 1431; 153 A.L.R. 1432; 154 A.L.R. 1457; 158 A.L.R. 1462.
GA Code § 38-2-1016 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 4 - Classification of Courts-Martial|§ 38-2-1016. Classification of Courts-Martial

 There shall be three kinds of courts-martial in the organized militia:    General courts-martial, which shall consist of:   A military judge and not less than six members; or   Only a military judge, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge and the military judge approves;     Special courts-martial, which shall consist of:   A military judge and not less than six members; or   Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and     Summary courts-martial, consisting of one commissioned officer.     (Code 1981, §38-2-1016, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   ALR.   - Use of prior military conviction to establish repeat offender status, 11 A.L.R.5th 218.
GA Code § 38-2-1017 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 4 - Classification of Courts-Martial|§ 38-2-1017. Jurisdiction of Courts-Martial; Generally

 Each force of the organized militia has court-martial jurisdiction over all members of the particular force of the organized militia who are subject to this article. The Georgia Army National Guard and the Georgia Air National Guard shall have court-martial jurisdiction over all members subject to this article.    (Code 1981, §38-2-1017, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   ALR.   - Use of prior military conviction to establish repeat offender status, 11 A.L.R.5th 218.
GA Code § 38-2-1018 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 4 - Classification of Courts-Martial|§ 38-2-1018. General Courts-Martial

 Subject to Code Section 38-2-1017, general courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and shall, under such limitations as the Governor may prescribe 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:    Confinement for a period of not more than ten years;   Restriction to specified limits for not more than six months;   Dismissal, dishonorable discharge, or bad conduct discharge;   Forfeiture of all or a portion of pay and allowances;   Restitution;   Reduction to the lowest or any intermediate pay grade of enlisted persons;   A reprimand; and   No punishment.     (Code 1981, §38-2-1018, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   Cross references.   - Vesting of efficiency and medical examining boards with powers of courts of inquiry and courts-martial, § 38-2-216.   U.S. Code.   - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 818.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 183.
GA Code § 38-2-1019 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 4 - Classification of Courts-Martial|§ 38-2-1019. Special Courts-Martial

 Subject to Code Section 38-2-1017, special courts-martial shall have jurisdiction to try persons subject to this article for any offense made punishable by this article, and 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:    Confinement for a period of not more than one year;   Restriction to specified limits for not more than six months;   Bad conduct discharge;   Forfeiture of all or a portion of pay and allowances for not more than one year;   Restitution;   Reduction to the lowest or any intermediate pay grade of enlisted persons;   A reprimand; and   No punishment.     (Code 1981, §38-2-1019, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 183.
GA Code § 38-2-1020 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 4 - Classification of Courts-Martial|§ 38-2-1020. Summary Courts-Martial

  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.   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:   Confinement for a period of not more than one month;   Restriction to specified limits for not more than two months;   Forfeiture of all or a portion of pay and allowances for not more than 60 days;   Restitution;   Reduction of no more than two grades of enlisted persons;   A reprimand; and   No punishment.       (Code 1981, §38-2-1020, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 183.
GA Code § 38-2-1022 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1022. Convening of General Courts-Martial

  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.   If the Governor is the accuser, the general court-martial shall be convened by the Lieutenant Governor.   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.     (Code 1981, §38-2-1022, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 176.
GA Code § 38-2-1023 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 2 - Military Affairs|Article 5 - Code of Military Justice|Part 5 - Convening of Courts-Martial|§ 38-2-1023. Convening of Special Courts-Martial

  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.   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.     (Code 1981, §38-2-1023, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Military and Civil Defense, § 176.