reglab/housing_qa huggingface dataset:
MO Rev Stat § 40.055 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.055 - General courts-martial, jurisdiction — punishment.

Effective - 28 Aug 1986   40.055. General courts-martial, jurisdiction — punishment. — General courts-martial have jurisdiction to try persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:  (1) A fine of not more than two hundred dollars, or confinement not more than three months, or both;  (2) Forfeiture of pay and allowances for a period not exceeding six months;  (3) A reprimand;  (4) Dismissal, dishonorable or bad conduct discharge;  (5) Reduction of a noncommissioned officer to any lower enlisted grade; or  (6) Any combination of these punishments; and  (7) Costs. ­­-------- (L. 1984 H.B. 1035 § 17, A.L. 1986 H.B. 1505)
MO Rev Stat § 40.060 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.

Effective - 28 Aug 1986   40.060. Special courts-martial, jurisdiction — punishment — exceptions. — Special courts-martial shall have jurisdiction to try persons subject to sections 40.005 to 40.490, except commissioned officers for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:  (1) A fine of not more than one hundred dollars;  (2) Forfeiture of pay and allowances for a period not exceeding six months;  (3) A reprimand;  (4) Reduction of a noncommissioned officer to any lower enlisted grade;  (5) A bad conduct discharge; or  (6) Any combination of these punishments; and  (7) Costs. ­­-------- (L. 1984 H.B. 1035 § 18, A.L. 1986 H.B. 1505)
MO Rev Stat § 40.065 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.065 - Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.

Effective - 28 Aug 1986   40.065. Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. — 1. Summary courts-martial have jurisdiction to try enlisted persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:  (1) A fine of not more than twenty-five dollars for a single offense;  (2) A forfeiture of pay and allowances for no more than two-thirds of one month's pay; or  (3) Reduction to the next lower grade; and  (4) Costs.  2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial as may be appropriate. ­­-------- (L. 1984 H.B. 1035 § 19, A.L. 1986 H.B. 1505)
MO Rev Stat § 40.070 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.070 - Discharges or dismissals by courts-martial, requirements — governor's approval required.

Effective - 28 Aug 1984   40.070. Discharges or dismissals by courts-martial, requirements — governor's approval required. — A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete written record of the proceedings and testimony before the court has been made, nor shall such sentence be executed until approved by the governor. ­­-------- (L. 1984 H.B. 1035 § 20)
MO Rev Stat § 40.075 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.

Effective - 28 Aug 1984   40.075. Sentence to confinement at one dollar a day instead of fine — limitations. — Subject to the limitations of sections 40.055 to 40.065, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine. ­­-------- (L. 1984 H.B. 1035 § 21)
MO Rev Stat § 40.079 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.079 - Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.

Effective - 28 Aug 1984   40.079. Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when. — The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in sections 40.005 to 40.490. Persons subject to sections 40.005 to 40.490 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 is accused of both a military offense under sections 40.005 to 40.490 and a civil offense by the civil authorities, the person shall be released to the civil authorities if the crime for which he is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by sections 40.005 to 40.490. ­­-------- (L. 1984 H.B. 1035 § 22)
MO Rev Stat § 40.083 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.083 - Convening general courts-martial, persons authorized.

Effective - 28 Aug 1984   40.083. Convening general courts-martial, persons authorized. — 1. General courts-martial may be convened by any of the following:  (1) The governor;  (2) The adjutant general;  (3) The commanding officer of a division, a separate brigade, or a separate wing;  (4) Any other commanding officer in any of the state military forces when empowered by the governor.  2. When any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority when deemed desirable by such authority. ­­-------- (L. 1984 H.B. 1035 § 23)
MO Rev Stat § 40.085 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.085 - Convening special courts-martial, persons authorized.

Effective - 28 Aug 1984   40.085. Convening special courts-martial, persons authorized. — In the state military forces any person authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, separate battalion, separate squadron, or other detached command, may convene special courts-martial. When 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 when deemed advisable by him. ­­-------- (L. 1984 H.B. 1035 § 24)
MO Rev Stat § 40.088 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.088 - Convening summary courts-martial, persons authorized.

Effective - 28 Aug 1984   40.088. Convening summary courts-martial, persons authorized. — 1. In the state military forces any person authorized to convene a general or special court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, separate battalion, separate squadron, or other detached command, may convene a summary court-martial.  2. When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him. ­­-------- (L. 1984 H.B. 1035 § 25)
MO Rev Stat § 40.090 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.090 - Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.

Effective - 28 Aug 1984   40.090. Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons. — 1. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.  2. Any warrant officer of or on duty with the state military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.  3. (1) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he shall serve as a member of court only if before the conclusion of a session called by the military judge under section 40.130 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 a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-half of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.  (2) In this section, the word "unit" means any regularly organized body of the state military forces not larger than a company, a squadron, or a corresponding body.  4. (1) No person subject to sections 40.005 to 40.490 may be tried by a court-martial any member of which is junior to such person in rank or grade.  (2) When convening a court-martial, the convening authority shall detail as members thereof such members 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 is eligible to serve as a member of a general or special 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. ­­-------- (L. 1984 H.B. 1035 § 26)
MO Rev Stat § 40.095 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.

Effective - 28 Aug 1984   40.095. Military judge — appointment — qualifications — duties — restrictions. — 1. The authority convening a general or special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which the judge 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, shall be a member of the Missouri Bar and shall be certified to be qualified for such duty by the state judge advocate. The state judge advocate may recommend to the adjutant general that the adjutant general order to active duty retired personnel of the United States Armed Forces who are qualified to act as military judges.  3. No person is eligible to act as military judge in a case if the person 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 the judge's 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 the 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 on the form of the findings, except in the presence of the accused, trial counsel, and defense counsel, nor may the judge vote with the members of the court. ­­-------- (L. 1984 H.B. 1035 § 27)
MO Rev Stat § 40.098 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.

Effective - 28 Aug 1984   40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions. — 1. For each general and special 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 shall 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 shall act later in the same case for the defense, nor shall 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:  (1) Must be an officer of the military forces, who is a graduate of an accredited law school and a member of the Missouri Bar, or must be a member of the bar of a federal court or of the highest court of a state; and  (2) Must be certified as competent to perform such duties by the state judge advocate. ­­-------- (L. 1984 H.B. 1035 § 28)
MO Rev Stat § 40.100 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.100 - Court reporters, appointment, when.

Effective - 28 Aug 1984   40.100. Court reporters, appointment, when. — Under such regulations as the governor may prescribe, 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 of a military court may detail or employ interpreters who shall interpret for the court. ­­-------- (L. 1984 H.B. 1035 § 29)
MO Rev Stat § 40.105 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.105 - Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.

Effective - 28 Aug 1984   40.105. Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure. — 1. No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.  2. Whenever a general court-martial, other than one composed of a military judge only, is reduced below twelve members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than twelve members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and counsel for both sides.  3. Whenever a special court-martial is reduced below twelve members, the trial shall not proceed unless the convening authority appoints new members sufficient in number to provide not less than twelve members. When such new members have been sworn, the trial shall proceed with the new members present as if no evidence has previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the member of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.  4. If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 40.050, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides. ­­-------- (L. 1984 H.B. 1035 § 30)
MO Rev Stat § 40.108 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.108 - Charges — contents — oath — accused to be informed.

Effective - 28 Aug 1986   40.108. Charges — contents — oath — accused to be informed. — 1. Charges and specifications shall constitute an information and shall be signed by a person subject to sections 40.005 to 40.490 under oath before a person authorized by sections 40.005 to 40.490 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 they are true in fact to the best of his knowledge and belief.  2. Upon the preferring of charges, the proper 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 against him as soon as practicable. ­­-------- (L. 1984 H.B. 1035 § 31, A.L. 1986 H.B. 1505)
MO Rev Stat § 40.112 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.112 - Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.

Effective - 28 Aug 1984   40.112. Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence. — 1. No person subject to sections 40.005 to 40.490 shall compel any person to incriminate himself or to answer any question, the answer to which may tend to incriminate the person.  2. No person subject to sections 40.005 to 40.490 shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, that any statement made by him can and will be used as evidence against him in a trial by court-martial, that he has a right to consult with a lawyer, and that he has a right to have a lawyer present during questioning, as well as other constitutional safeguards provided for an accused person or a person suspected of an offense.  3. No person subject to sections 40.005 to 40.490 shall compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.  4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement shall be received in evidence against the person in a trial by court-martial.  5. The requirements of this section are binding on all persons administering sections 40.005 to 40.490 but failure to follow them does not divest a military court of jurisdiction. ­­-------- (L. 1984 H.B. 1035 § 32)
MO Rev Stat § 40.114 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.114 - Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.

Effective - 28 Aug 1984   40.114. Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure. — 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.  2. The accused shall be advised of the charges against him and of the right to be represented at that investigation by counsel. Upon the accused's own request he shall be represented by civilian counsel if provided by the accused, or military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the state judge advocate. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.  3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection 2 of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.  4. The requirements of this section are binding on all persons administering sections 40.005 to 40.490 but failure to follow them does not divest a military court of jurisdiction. ­­-------- (L. 1984 H.B. 1035 § 33)
MO Rev Stat § 40.117 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.117 - Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.

Effective - 28 Aug 1984   40.117. Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements. — When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to such officer the reasons for delay. ­­-------- (L. 1984 H.B. 1035 § 34)