reglab/housing_qa huggingface dataset:
IA Code § 29B.48 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.48 - Refusal to appear or testify.

29B.48 Refusal to appear or testify.   1. Any person not subject to this code is guilty of a simple misdemeanor if the person does all of the following:   a. Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer and designated to take a deposition to be read in evidence before such a court.   b. Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the state.   c. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person has been legally subpoenaed to produce.   2. Upon certification of the facts in a case under this section by the military judge, president of courts-martial without a military judge, or summary courts-martial officer, the county attorney of the county where the offense occurred shall prosecute the offense as if it were included in the Iowa criminal code.  [C66, 71, 73, 75, 77, 79, 81, §29B.48; 82 Acts, ch 1042, §29]  2006 Acts, ch 1010, §19
IA Code § 29B.49 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.49 - Contempts.

29B.49 Contempts.   1. A military court may punish for contempt any person subject to this code who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.   2. A person who is not subject to this code who engages in conduct described in subsection 1 is guilty of a simple misdemeanor. The facts shall be certified to the county attorney of the county in which the offense occurred who shall prosecute the case as if the offense were included in the Iowa criminal code.  [C66, 71, 73, 75, 77, 79, 81, §29B.49; 82 Acts, ch 1042, §30]
IA Code § 29B.50 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.50 - Depositions.

29B.50 Depositions.   1. At any time after charges have been signed, as provided in section 29B.31 any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.   2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.   3. Depositions may be taken before and authenticated by any military or civil officer authorized to administer oaths by the laws of the United States or by the laws of the place where the deposition is taken.   4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if any of the following are apparent:   a. That the witness resides or is out of the state of Iowa and the witness’ appearance cannot be obtained, unless it appears that the absence of the witness was procured by the party offering the deposition.   b. That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, or other reasonable cause, is unable to appear and testify in person at the place of trial or hearing.   c. That the party offering the deposition has been unable to procure the attendance of the witness by subpoena or other process and the present whereabouts of the witness is unknown.  [C66, 71, 73, 75, 77, 79, 81, §29B.50; 82 Acts, ch 1042, §31]  2008 Acts, ch 1032, §201
IA Code § 29B.51 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.51 - Admissibility of records of courts of inquiry.

29B.51 Admissibility of records of courts of inquiry.   1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry, and if the same issue was involved or if the accused consents to the introduction of such evidence.   2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.   3. Such testimony may also be read in evidence before a court of inquiry or a military board.  [C66, 71, 73, 75, 77, 79, 81, §29B.51]  2008 Acts, ch 1032, §201
IA Code § 29B.52 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.52 - Voting and rulings.

29B.52 Voting and rulings.   1. Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the ballot to the members of the court.   2. The military judge and, except for questions of challenge, the president of a court-martial without a military judge, shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military judge upon a question of law or an interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon a question of law other than a motion for a finding of not guilty is final and constitutes the ruling of the court. However, the military judge may change a ruling at any time during the trial. Unless the ruling is final, if a member objects to the ruling, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank.   3. Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them as follows:   a. That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt.   b. That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.   c. That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt.   d. That the burden of proof for establishing the guilt of the accused beyond reasonable doubt is upon the state.   4. Subsection 3 does not apply to a court-martial composed of a military judge only. The military judge of a court-martial composed only of a military judge shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding and shall find the facts specifically on request. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear in the opinion or memorandum of decision.  [C66, 71, 73, 75, 77, 79, 81, §29B.52; 82 Acts, ch 1042, §32]
IA Code § 29B.53 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.53 - Number of votes required.

29B.53 Number of votes required.   1. A person shall not be convicted of an offense, except as provided in this code by the concurrence of two-thirds of the members present at the time the vote is taken.   2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.   3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused but a determination to reconsider a finding of guilty or to reconsider a sentence for the purpose of possible reduction may be made by any lesser vote if the determination to reconsider is not opposed by two-thirds of the members present.  [C66, 71, 73, 75, 77, 79, 81, §29B.53; 82 Acts, ch 1042, §33]  2008 Acts, ch 1032, §201
IA Code § 29B.54 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.54 - Court to announce action.

29B.54 Court to announce action.   A court-martial shall announce its findings and sentence to the parties as soon as determined.  [C66, 71, 73, 75, 77, 79, 81, §29B.54]
IA Code § 29B.55 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.55 - Record of trial.

29B.55 Record of trial.   1. Each general 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 death, disability, or absence of the military judge, it shall be authenticated by the signature of the trial counsel or by the signature of a member if the trial counsel is unable to authenticate it by reason of 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. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general officer, in a sentence not including discharge, dismissal, or confinement and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain matters prescribed by rules of the adjutant general.   2. Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by rules of the adjutant general.   3. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as the record is authenticated. If a verbatim record of trial by general court-martial is not required, but is made, the accused may buy the record as prescribed in rules of the adjutant general.  [C66, 71, 73, 75, 77, 79, 81, §29B.55; 82 Acts, ch 1042, §34]  2008 Acts, ch 1032, §201
IA Code § 29B.56 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.56 - Cruel and unusual punishments prohibited.

29B.56 Cruel and unusual punishments prohibited.   Punishment by cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.  [C66, 71, 73, 75, 77, 79, 81, §29B.56]
IA Code § 29B.57 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.57 - Maximum fines.

29B.57 Maximum fines.   The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.  [C66, 71, 73, 75, 77, 79, 81, §29B.57]
IA Code § 29B.58 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.58 - Effective date of sentences.

29B.58 Effective date of sentences.   1. When a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture shall apply only to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. A forfeiture shall not extend to any pay or allowances accrued before that date.   2. A period of confinement included in a sentence of a court-martial begins 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, provided that credit be given for confinement served prior to trial. Rules prescribed by the adjutant general may provide that sentences of confinement shall not be executed until approved by designated officers.   3. All other sentences of courts-martial are effective on the date ordered executed.   4. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or if the accused is no longer under the jurisdiction of the convening authority, the person exercising general court-martial jurisdiction, may in the person’s discretion defer service of the sentence to confinement. The deferral terminates when the sentence is ordered executed. The deferral may be rescinded at any time by the officer who granted it, or, if the accused is no longer under jurisdiction of that officer, by the person exercising general court-martial jurisdiction.   5. Unless otherwise provided in rules of the adjutant general, a court-martial sentence of an enlisted member in pay grade above E-1, that includes a discharge under other than honorable conditions or confinement and that is approved by the convening authority reduces the member to pay-grade E-1, effective on the date of the approval.   6. If the sentence of a member who is reduced in pay grade under subsection 5 is set aside or disapproved, or, as finally approved, does not include a punishment named in subsection 5, the rights and privileges of which the member was deprived because of the reduction shall be restored and the member is entitled to the pay and allowances lost during the period the reduction was in effect.  [C66, 71, 73, 75, 77, 79, 81, §29B.58; 82 Acts, ch 1042, §35]  Referred to in §29B.12
IA Code § 29B.59 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.59 - Execution of confinement.

29B.59 Execution of confinement.   1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary or prison by the courts of the state or of any political subdivision thereof.   2. The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.   3. The keepers, officer, and wardens of city or county jails and of other jails, penitentiaries, or prisons shall receive persons ordered into confinement before trial and persons committed to such confinement by a military court and shall confine them according to law. No such keeper, officer or warden may require payment of any fee or charge for so receiving or confining a person.  [C66, 71, 73, 75, 77, 79, 81, §29B.59]  2017 Acts, ch 54, §76
IA Code § 29B.60 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.60 - Execution of sentence — suspension of sentence.

29B.60 Execution of sentence — suspension of sentence.   Except as provided in sections 29B.20 and 29B.65, a court-martial sentence, unless suspended or deferred, may be ordered executed by the convening authority when approved by the convening authority. The convening authority shall approve the sentence or the part, amount, or commuted form of the sentence as the convening authority sees fit, and may suspend or defer the execution of the sentence.  [C66, 71, 73, 75, 77, 79, 81, §29B.60; 82 Acts, ch 1042, §36]
IA Code § 29B.61 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.61 - Initial action of record.

29B.61 Initial action of record.   1. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the adjutant general.   2. In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or part or amount of the sentence as the convening authority finds correct in law and fact and as in the convening authority’s discretion should be approved. Unless the convening authority indicates otherwise, approval of the sentence includes approval of the findings.  [C66, 71, 73, 75, 77, 79, 81, §29B.61; 82 Acts, ch 1042, §37]  2019 Acts, ch 24, §104
IA Code § 29B.62 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.62 - General court-martial records.

29B.62 General court-martial records.   The convening authority shall refer the record of each general court-martial to the appropriate staff judge advocate of the state force concerned, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.  [C66, 71, 73, 75, 77, 79, 81, §29B.62]  2002 Acts, ch 1117, §47, 52
IA Code § 29B.63 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.63 - Reconsideration and revision.

29B.63 Reconsideration and revision.   1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.   2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:   a. For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;   b. For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or   c. For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.  [C66, 71, 73, 75, 77, 79, 81, §29B.63]  2008 Acts, ch 1032, §201
IA Code § 29B.64 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.64 - Rehearings.

29B.64 Rehearings.   1. If the convening authority disapproves the findings and sentence of a court-martial the convening authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.   2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.  [C66, 71, 73, 75, 77, 79, 81, §29B.64]  2019 Acts, ch 24, §104
IA Code § 29B.66 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.66 - Error of law — lesser included offenses.

29B.66 Error of law — lesser included offenses.   1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.   2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.  [C66, 71, 73, 75, 77, 79, 81, §29B.66]  2019 Acts, ch 24, §104
IA Code § 29B.67 (2021)
2021 Iowa Code|Title I - STATE SOVEREIGNTY AND MANAGEMENT|Chapter 29B - MILITARY JUSTICE|Section 29B.67 - Review counsel.

29B.67 Review counsel.   1. Upon the final review of a sentence of a general court-martial or of a sentence to a dishonorable discharge, dismissal, or confinement, the accused has the right to be represented by counsel before the reviewing authority and before the appropriate staff judge advocate.   2. Upon the request of an accused entitled to be so represented, the appropriate staff judge advocate shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section 29B.28, if available, to represent the accused before the reviewing authority and before the appropriate staff judge advocate, in the review of cases specified in this section.   3. If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority and before the appropriate staff judge advocate.  [C66, 71, 73, 75, 77, 79, 81, §29B.67; 82 Acts, ch 1042, §39]  2002 Acts, ch 1117, §49, 52; 2017 Acts, ch 54, §76