reglab/housing_qa huggingface dataset:
NE Code § 55-216 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-216 - Fugitive to this state; sections, how construed.

55-216.  Fugitive to this state; sections, how construed.Nothing in sections 55-214 and 55-215 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Nothing contained in said sections shall be deemed to repeal, modify or conflict with any of the provisions of present or future laws of this state with relation to the fresh pursuit of criminals.Source   Laws 1941, c. 116, § 6, p. 449;   C.S.Supp.,1941, § 55-406;   R.S.1943, § 55-216.
NE Code § 55-217 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-217 - Federal service; treatment of guard members.

55-217.  Federal service; treatment of guard members.Nothing in sections 55-201 to 55-219 shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any forces be exempted from military service under any law of the United States.Source   Laws 1941, c. 116, § 7, p. 449;   C.S.Supp.,1941, § 55-407;   R.S.1943, § 55-217.
NE Code § 55-218 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-218 - Civil organizations; not eligible for enlistment.

55-218.  Civil organizations; not eligible for enlistment.No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group, shall be enlisted in such forces as an organization or unit.Source   Laws 1941, c. 116, § 8, p. 449;   C.S.Supp.,1941, § 55-408;   R.S.1943, § 55-218.
NE Code § 55-219 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-219 - Act, how cited.

55-219.  Act, how cited.Sections 55-201 to 55-219 may be cited as the State Guard Act.Source   Laws 1941, c. 116, § 14, p. 450;   C.S.Supp.,1941, § 55-414;   R.S.1943, § 55-219.
NE Code § 55-401 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-401 - Code, how cited.

55-401.  Code, how cited.Sections 55-401 to 55-481 shall be known and may be cited as the Nebraska Code of Military Justice.Source   Laws 1969, c. 458, § 1, p. 1553;  Laws 2016, LB754, § 7.
NE Code § 55-402 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-402 - Terms, defined.

55-402.  Terms, defined.As used in the Nebraska Code of Military Justice, unless the context otherwise requires:(1) Military forces shall mean the National Guard, also called the Nebraska National Guard and also hereinafter referred to as the Army National Guard and Air National Guard, and in addition thereto, the militia when called into active service of this state;(2) Officer shall mean a commissioned officer including a commissioned warrant officer;(3) Superior officer shall mean an officer superior in rank or command;(4) Enlisted person shall mean any person who is serving in an enlisted grade in any military force;(5) Accuser shall mean a person who signs and swears to charges, to any person who directs that charges nominally be signed and sworn by another, and to any other person who has an interest other than an official interest in prosecution of the accused;(6) Military judge shall mean an official of court-martial detailed in accordance with section 55-422; and(7) Code shall mean the Nebraska Code of Military Justice.Source   Laws 1969, c. 458, § 2, p. 1553;  Laws 2016, LB754, § 8.
NE Code § 55-403 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-403 - Code; persons subject to.

55-403.  Code; persons subject to.The following persons are subject to this code: All members of the military forces of Nebraska not in the active service of the United States and who are under orders to be in the active service of the state as defined by section 55-104.Source  Laws 1969, c. 458, § 3, p. 1554.
NE Code § 55-404 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-404 - Fraudulent discharge; deserters; trial by court-martial.

55-404.  Fraudulent discharge; deserters; trial by court-martial.(1) All persons discharged from the military forces of Nebraska subsequently charged with having fraudulently obtained such discharge shall, subject to the provisions of section 55-426, be subject to trial by court-martial on such charge and shall after apprehension be subject to this code while in the custody of the military forces for such trial. Upon conviction of such charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.(2) Any person who has deserted from the military forces shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.Source  Laws 1969, c. 458, § 4, p. 1554.
NE Code § 55-405 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-405 - Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.

55-405.  Officer dismissed by order of Governor; trial by court-martial; convening a court-martial; powers; exceptions.(1) When any officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a court-martial to try such officer on the charges on which he was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charges, and he shall be held to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include the dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.(2) If the Governor fails to convene a court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issuance.(3) Where a discharge is substituted for a dismissal under the authority of this section, the Governor alone may reappoint the officer to such commissioned rank and precedence as in the opinion of the Governor such former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to position vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and such reappointment shall be considered as actual service for all purposes, including the right to receive pay and allowance.(4) When an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the Governor, there shall not be a right to trial under this section.Source  Laws 1969, c. 458, § 5, p. 1554.
NE Code § 55-406 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-406 - Code; applicability.

55-406.  Code; applicability.This code shall be applicable in all places where military forces are present with any personnel who are on orders to be in the active service of the state.Source  Laws 1969, c. 458, § 6, p. 1555.
NE Code § 55-407 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-407 - State Judge Advocate; appointment.

55-407.  State Judge Advocate; appointment.The Adjutant General shall appoint as State Judge Advocate one of the Senior Staff Judge Advocates from either the Army National Guard or the Air National Guard.Source  Laws 1969, c. 458, § 7, p. 1555.
NE Code § 55-408 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-408 - Staff Judge Advocates; duties; restrictions.

55-408.  Staff Judge Advocates; duties; restrictions.(1) Convening authorities shall at all times communicate directly with their Staff Judge Advocates in matters relating to the administration of military justice; and the Staff Judge Advocate of any command is authorized to communicate directly with the State Judge Advocate.(2) No person who has acted as a member, military judge, trial counsel, assistant trial counsel, defense counsel, or investigating officer in any case shall subsequently act as a Staff Judge Advocate to any reviewing authority upon the same case.Source  Laws 1969, c. 458, § 8, p. 1555.
NE Code § 55-409 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-409 - Apprehension of persons.

55-409.  Apprehension of persons.(1) Apprehension is the taking into custody of a person.(2) Any person authorized under regulations governing the armed forces to apprehend persons subject to this code or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.(3) All officers, warrant officers, and noncommissioned officers shall have authority to quell all quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part in the same.Source  Laws 1969, c. 458, § 9, p. 1556.
NE Code § 55-410 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-410 - Apprehension of deserters.

55-410.  Apprehension of deserters.It shall be lawful for any civil officer having authority to apprehend offenders under the laws of the State of Nebraska summarily to apprehend a deserter from the Nebraska National Guard or a member of the military forces absent without leave and deliver him into the custody of the Nebraska National Guard.Source  Laws 1969, c. 458, § 10, p. 1556.
NE Code § 55-411 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-411 - Imposition of restraint.

55-411.  Imposition of restraint.(1) Arrest is the restraint of a person by an order not imposed as a punishment for an offense directing him to remain within certain specified limits. Confinement is the physical restraint of a person.(2) An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of his command or subject to his authority into arrest or confinement.(3) An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another officer. The authority to order such persons into arrest or confinement may not be delegated.(4) No person shall be ordered into arrest or confinement except for probable cause.(5) Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.Source  Laws 1969, c. 458, § 11, p. 1556.
NE Code § 55-412 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-412 - Restraint of persons charged with offenses.

55-412.  Restraint of persons charged with offenses.Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.Source  Laws 1969, c. 458, § 12, p. 1557.
NE Code § 55-413 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-413 - Confinement and imprisonment other than in guardhouse.

55-413.  Confinement and imprisonment other than in guardhouse.Confinement and imprisonment other than in guardhouse, whether prior to, during or after trial by a military court, shall be executed in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General for that purpose.Source  Laws 1969, c. 458, § 13, p. 1557.
NE Code § 55-414 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-414 - Reports and receiving of prisoners.

55-414.  Reports and receiving of prisoners.(1) No provost marshal, commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 shall refuse to receive or keep any prisoner committed to his charge by an officer of the military forces, when the committing officer furnishes a statement signed by him, of the offense charged against the prisoner.(2) Every commander of a guard, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated by the Governor or the Adjutant General under section 55-413 to whose charge a prisoner is committed shall, within twenty-four hours after such commitment or as soon as he is relieved from guard, report to the commanding officer the name of such prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.Source  Laws 1969, c. 458, § 14, p. 1557.
NE Code § 55-415 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-415 - Manual for Courts-Martial, United States; applicability.

55-415.  Manual for Courts-Martial, United States; applicability.Insofar as it is not inconsistent with the provisions of this code, the Manual for Courts-Martial, United States, as established from time to time by Executive Order of the President of the United States shall be in force and effect and apply to the military forces of Nebraska.Source  Laws 1969, c. 458, § 15, p. 1557.
NE Code § 55-417 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-417 - Court-martial, defined; jurisdiction.

55-417.  Court-martial, defined; jurisdiction.There shall be general, special, and summary courts-martial constituted like similar courts of the Army and Air Force of the United States. The jurisdiction of the courts-martial shall be as follows:(1) General court-martial: Except as otherwise provided by law, a general court-martial may try any person subject to the Nebraska Code of Military Justice;(2) Special court-martial: Except as otherwise provided by law, a special court-martial may try any person subject to the code when the punishment for the offense does not include a dishonorable discharge; and(3) Summary court-martial: Except as otherwise provided by law, a summary court-martial may try any person subject to the code and it may adjudge any punishment not forbidden by the code except dishonorable discharge or bad-conduct discharge, confinement for more than one month, hard labor without confinement for more than forty-five days, or forfeiture of more than two-thirds of one month's pay.Source   Laws 1969, c. 458, § 17, p. 1561;   Laws 1993, LB 170, § 6.
NE Code § 55-418 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-418 - Court-martial; jurisdiction.

55-418.  Court-martial; jurisdiction.A court-martial as defined in the code shall have jurisdiction to try persons subject to the code for any offense defined and made punishable by the code and may, under such limitations and regulations as the Governor may prescribe, adjudge any of the following penalties:(1) Confinement at hard labor for not more than six months;(2) Hard labor without confinement for not more than three months;(3) Forfeitures or detentions of pay not exceeding two-thirds pay per month for six months;(4) Bad conduct discharge;(5) Dishonorable discharge;(6) Reprimand; or(7) Reduction of noncommissioned officers to the ranks, and to combine any two or more of such punishments in the sentence imposed.Source   Laws 1969, c. 458, § 18, p. 1562;  Laws 2016, LB754, § 11.
NE Code § 55-419 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-419 - Court-martial; jurisdiction; not exclusive.

55-419.  Court-martial; jurisdiction; not exclusive.The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in the code. Persons subject to the code who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are present in that state may, upon accusation, be promptly surrendered to civil authorities for disposition, urgencies of the service considered. If the person subject to the code is accused of both a military offense under the code and a civil offense by the civil authorities, he or she shall be released to the civil authorities if the crime for which he or she is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by the code.Source   Laws 1969, c. 458, § 19, p. 1562;  Laws 2016, LB754, § 12.
NE Code § 55-420 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-420 - Court-martial; who may convene.

55-420.  Court-martial; who may convene.A court-martial may be convened by:(1) The Governor of Nebraska; or(2) Any other commanding officer in any of the military forces who is of the rank of major or above.If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.Source  Laws 1969, c. 458, § 20, p. 1562.
NE Code § 55-421 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-421 - Court-martial; members; eligibility.

55-421.  Court-martial; members; eligibility.(1) Any commissioned officer is eligible to serve on any court-martial for the trial of any person who may lawfully be brought before such court for trial.(2) Any warrant officer is eligible to serve on a court-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.(3)(a) Any enlisted member, who is not a member of the same unit as the accused, is eligible to serve on a court-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such court for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such request, the accused may not be tried by a court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the assembling authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.(b) In this section, the word unit means any regularly organized body as defined by the Governor, but in no case may it be a body larger than a company, squadron, or body corresponding to one of them.(4)(a) When it can be avoided, no member of the military forces may be tried by a court-martial any member of which is junior to him in rank or grade.(b) When convening a court-martial, the convening authority shall detail as members thereof such members of the military forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the military forces is eligible to serve as a member of a court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.Source  Laws 1969, c. 458, § 21, p. 1563.
NE Code § 55-422 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-422 - Court-martial; military judge; qualifications.

55-422.  Court-martial; military judge; qualifications.(1) The authority convening a court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he had been detailed.(2) A military judge shall be a commissioned officer of the National Guard or a retired officer of the reserve components of the armed forces of the United States who is a member of the bar of the Supreme Court of Nebraska and who is certified to be qualified for such duty by the State Judge Advocate. The State Judge Advocate may recommend to the Adjutant General that he order to active duty retired personnel of the United States Armed Forces who are qualified to act as a military judge.(3) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case.(4) Neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military judge which relates to his performance of duty as such. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform such duties only when he is assigned and directly responsible to the State Judge Advocate and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a court-martial when such duties are assigned to him by or with the approval of the State Judge Advocate. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.Source  Laws 1969, c. 458, § 22, p. 1564.
NE Code § 55-423 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-423 - Court-martial; trial counsel; defense counsel; detail.

55-423.  Court-martial; trial counsel; defense counsel; detail.(1) For each court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.(2) Trial counsel or defense counsel detailed for a court-martial:(a) Must be a judge advocate of the military forces, who is a graduate of an accredited law school and a member of the bar of the Supreme Court of Nebraska, or must be a member of the bar of a federal court or of the highest court of a state; and(b) Must be certified as competent to perform such duties by the State Judge Advocate.Source  Laws 1969, c. 458, § 23, p. 1565.
NE Code § 55-424 (2021)
2021 Nebraska Revised Statutes|Chapter 55 - Militia|55-424 - Court-martial; reports; interpreters; detail.

55-424.  Court-martial; reports; interpreters; detail.Under such regulations as the Governor may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. Any person appointed to interpret for deaf and hard of hearing persons shall be a licensed interpreter as defined in section 20-151.Source   Laws 1969, c. 458, § 24, p. 1565;  Laws 2002, LB 22, § 13.