reglab/statecodes huggingface dataset:
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 430.

430. As used in this article, “armory” means and includes any building or portion thereof, rifle range, camp site, airport, arsenal, vessel, quarters, accommodations, or training facilities devoted to the use of the militia.
(Amended by Stats. 1977, Ch. 295.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 431.

431. (a) The Adjutant General may, either directly or through armory boards, or through subordinate commanders, lease or otherwise authorize the use of, by any person for any lawful purpose, manage, supervise all activities in, perform all necessary military duties with respect to and control all armories that are built or acquired by the state, that come into possession or control of the state, or that are erected, purchased, leased, or provided or contributed to, in whole or in part, by any city, county, political subdivision, or district, or by anyone, for armory purposes.
(b) The Adjutant General may contract with the United States for the operation of any armory for purposes of training of federal military personnel, with provision that all state costs related to that operation shall be reimbursed by the United States.
(c) All revenues or income from any armory shall be paid to the Adjutant General who shall account for the revenues or income to the Controller at the close of each month in the form that the Controller prescribes and shall deposit the revenues and income into the Treasury to the credit of the Armory Discretionary Improvement Account, which is hereby created, in the General Fund. The revenues and income in the account shall be available, when appropriated, to the Adjutant General, for allocation for the maintenance, repairs, improvements, and operating expenses necessary or desirable for increased or improved community utilization of the facilities of the armory from which the revenues and income were derived.
(Amended by Stats. 2012, Ch. 728, Sec. 123. (SB 71) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 431.5.

431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants’ use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements.
(Added by Stats. 2023, Ch. 45, Sec. 43. (AB 127) Effective July 10, 2023.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 432.

432. For the control and management of the armories, the Adjutant General may cause to be established from the personnel of the organized militia armory boards, the personnel of which shall serve without pay. Such boards, subject to the direction of the Adjutant General, shall control, manage, and supervise all activities in armories and may rent to or otherwise authorize the use of such armories by persons and organizations including those not connected with the National Guard and Naval Militia. Such boards shall remit all revenues therefrom at least once each month to the Adjutant General who shall account for and deposit such revenues pursuant to Section 431.
(Amended by Stats. 1961, Ch. 2182.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 433.

433. The Adjutant General may lease on behalf of the State armories necessary for the use of the militia.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 433.5.

433.5. All state armories may be used for emergency purposes on such terms and conditions as shall be mutually agreeable to the Military Department and the Office of Emergency Services.
(Amended by Stats. 2013, Ch. 352, Sec. 402. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 434.

434. (a) The Adjutant General, under the direction of the Governor, shall make and enforce regulations for the government and control of armories. Where appropriations have been made therefor, the Adjutant General may purchase, receive by donation, or otherwise acquire or lease real estate for armory or storage purposes. Where appropriations have been made therefor, the Adjutant General may construct and build armories, buildings, structures, and facilities required for the use of the Adjutant General and the military forces of this state.
(b) Notwithstanding any other provision of law, the Adjutant General may cooperate and contract with authorized representatives of the United States government in carrying out the provisions of this section, if the Adjutant General determines that it is in the best interest of the state. In determining if this course of action is in the best interest of the state, the Adjutant General shall make findings in writing, and shall consider all of the following criteria:
(1) The contracting method selected results in the least cost to the state.
(2) The contracting method selected assures that any contracts requiring federal funds are awarded in the same federal fiscal year of appropriation by Congress.
(3) The contracting method selected will result in full compliance with federal military construction standards.
(4) The contracting method selected will ensure full compliance with all state building codes.
(c) In carrying out the provisions of subdivision (b), the Adjutant General shall do both of the following:
(1) Coordinate with the Department of General Services to utilize the department for any project that uses state matching funds.
(2) Submit to the Department of General Services a written annual summary of the findings required by subdivision (b).
(d) For any project using 100 percent state funds and built entirely on state owned land, the Adjutant General shall indicate to the Department of General Services that the construction project is being constructed in accordance with the California Building Standards Code set forth in Title 24 of the California Code of Regulations.
(Amended by Stats. 2001, Ch. 190, Sec. 1. Effective January 1, 2002.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 436.

436. The Adjutant General may receive by donation or dedication any property which may be used for armory purposes.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 437.

437. The Adjutant General, in the name of the people of the State of California, with the approval of the Department of General Services, may acquire any property necessary for armory purposes.
(Amended by Stats. 1975, Ch. 1239.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 438.

438. (a) The Adjutant General may appoint a Community Advisory Committee to advise the Adjutant General on matters involving the role and function of California National Guard members and facilities in communities around the state.
(b) If the advisory committee is appointed pursuant to subdivision (a), the Adjutant General shall determine the number of members to be appointed to the committee, which shall include representation from cities and counties and organizations or associations which represent the interests of homeless persons. The members of the committee shall serve without compensation.
(c) The committee may advise the Adjutant General on issues including, but not limited to, the use of the California National Guard armories as shelters for the homeless. It is not the function of the committee to advise the Adjutant General on matters pertaining to the California National Guard which do not directly impact local communities.
(Added by Stats. 1990, Ch. 901, Sec. 2.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 439.

439. Any city, city and county or county may acquire, provide, and maintain buildings, halls, meeting places, and supply stations for the use of the United States Department of the Army, the United States Department of the Navy, the United States Department of the Air Force, the California National Guard, and for such purposes the governing body of the city, or city and county, and the board of supervisors of any county may:
(a) Purchase, receive by donation, donate, dedicate, condemn, lease for the use of the Adjutant General for a term not to exceed 99 years or as provided in Section 37392 of the Government Code, or acquire real or personal property, with or without improvements, and erect such buildings, halls, meeting places, and supply stations thereon.
(b) Purchase, construct, lease for the use of the Adjutant General for a term not to exceed 99 years or as provided in Section 37392 of the Government Code, furnish, or repair such buildings, and property and provide for the proper maintenance and management thereof.
(c) Enter into agreements on behalf of the city, city and county, or county with the Secretary of the Department of the Army, Secretary of the Department of the Air Force, and the Secretary of the Department of the Navy of the United States, and the Adjutant General of the State of California for the use and occupancy of such buildings, including any buildings constructed as memorials or for other purposes.
(d) Establish a fund for the purposes hereof, levy a special tax for such purposes, and incur in the manner provided by law a bonded indebtedness on behalf of the city, city and county or the county for any of the purposes of this section.
(Amended by Stats. 1954, 1st Ex. Sess., Ch. 46.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 2 - Armories › Section 439.1.

439.1. (a) The Legislature hereby finds and declares that the Military Department is unable to perform its security, emergency response, and social and community missions due to deficiencies in the physical condition and suitability of some of its armories, and according to a 2006 Bureau of State Audit report, at least 87 percent of the 109 armories in California are in need of improvement.
(b) It is the intent of the Legislature to ensure that the Military Department has adequate facilities to perform its security, emergency response, and social and community missions.
(c) The Military Department shall, on or before April 1, 2008, and each year thereafter, submit a report to the Legislature on the status of all California armories. For each armory, the report shall include:
(1) The location of the armory.
(2) The utilization of the facilities of the armory for military missions, emergency response, and community and social services.
(3) The physical condition of the facilities of the armory for its current missions and uses.
(4) Any identified improvement, renovation, and modernization projects for the facilities of the armory, and the total estimated costs to complete these projects.
(5) The status of recent improvements undertaken at the facilities of the armory.
(6) An 18-month projection of all work and improvements that will be completed on the facilities of the armory.
(7) The projected workload and staffing necessary for the maintenance, repairs, improvements, and operating expenses of the facilities of the armory.
(Added by Stats. 2007, Ch. 742, Sec. 1. Effective January 1, 2008.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 440.

440. Notwithstanding any other provision of law, the Department of Housing and Community Development, the County of Los Angeles, the City of Inglewood, the City of Hawthorne, and the City of El Segundo, may enter into a joint powers agreement, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, for the purposes of providing a short-term solution to the problem of providing housing for military personnel stationed at Los Angeles Air Force Base.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 441.

441. The joint powers agreement entered into pursuant to this article may be modified, as necessary, to include other public agencies contiguous to the local agencies specified in Section 440.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 442.

442. For the purposes of this article, the power to provide a short-term solution to the problem of housing for military personnel stationed at Los Angeles Air Force Base shall be a power common to the contracting parties specified in this article, as required by Section 6502 of the Government Code.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 443.

443. The Department of Housing and Community Development shall not bear the costs to implement or administer any housing program established pursuant to the joint powers agreement authorized by this article.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 443.5.

443.5. No moneys received by or administered by the state under the federal HOME program which is part of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625) shall be used for purposes of this article.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 8 - Equipment and Accommodations › ARTICLE 3 - Los Angeles Air Force Base Housing › Section 444.

444. A jurisdiction that is a party to the joint powers agreement authorized by this article shall comply with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 450.

450. The military courts of this state are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry; and (e) Courts-Martial Appellate Panel.
(Amended by Stats. 2013, Ch. 322, Sec. 1. (AB 1410) Effective January 1, 2014.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 451.

451. (a) The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment, and the proceedings in the revision thereof, shall be governed by the terms of the laws and regulations governing the United States Army, Air Force, or Navy, and the law and procedure of similar courts of the United States Army, Air Force, or Navy, except as otherwise provided in this chapter.
(b) The provisions of the Uniform Code of Military Justice, and the rules and regulations published thereunder, shall govern and be applicable to the active militia, including the California National Guard, except as otherwise provided in this code, the California Manual for Courts-Martial, or other regulations as adopted by the Governor or Adjutant General.
(c) (1) Notwithstanding subdivision (b), an attempt by a member of the active militia, including the California National Guard, to kill himself or herself shall not be prosecuted as a military crime.
(2) The Adjutant General shall ensure that any member of the active militia that attempts to kill himself or herself shall be referred, as soon as practically possible, to the department’s Behavioral Health Liaison Program, or its successor, to receive assistance, counseling, or referral to other appropriate available services.
(Amended by Stats. 2016, Ch. 328, Sec. 1. (AB 2273) Effective January 1, 2017.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 452.

452. General courts-martial may be convened by the President of the United States or the Governor or the Adjutant General. The convening authority shall be the approving, reviewing and confirming authority. After authentication the record will be sent by the trial counsel to the reviewing authority for proper action and will thereafter be filed in the Office of the Adjutant General.
(Amended by Stats. 1955, Ch. 728.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 453.

453. Special courts-martial may be appointed by the commanding officer of a district, garrison, fort, post, camp, station, or other place where troops are on duty, division, brigade, regiment, detached battalion, or other detached command or corresponding unit of Army or Air Force, and by the commanding officer of any group of detached units placed under a single commander for this purpose. Such courts-martial may also be appointed by superior authority when by the latter deemed desirable. When any such commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior authority. Special courts-martial may be composed of either one officer who shall be a field grade officer of the rank of major, lieutenant colonel or colonel or three or more members as provided for in the Uniform Code of Military Justice and the rules and regulations published thereunder. After final action by the reviewing authority the record of the trial by special courts-martial shall be filed in the office of the Adjutant General.
(Amended by Stats. 1967, Ch. 587.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 454.

454. Summary courts-martial may be appointed by the commanding officer of a garrison, fort, post, camp, or other place where troops are on duty, regiment, detached battalion, detached company, or other detachment; but those summary courts-martial may in any case be appointed by superior authority when by the latter deemed desirable: Except when only one officer is present with a command, he or she shall be the summary courts-martial of that command and shall hear and determine cases brought before him or her. After final action by the reviewing authority an authenticated copy of the completed charge sheet shall be filed in the office of the Adjutant General.
(Amended by Stats. 1994, Ch. 114, Sec. 53. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 455.

455. Courts of inquiry shall consist of at least three members and may be ordered by the Governor to examine into the nature of any transaction of or accusation or imputation against any officer or enlisted person. The courts shall not be ordered except upon the request of the officer concerned or whose conduct is to be inquired into or upon the request of the enlisted person concerned.
The members of the court may be officers or qualified enlisted persons, and the court may include both officers and qualified enlisted persons.
The practice and procedure of the court of inquiry shall be in accordance with the Articles of War and like tribunals appointed for similar purposes in the United States Army, United States Air Force, and United States Navy. The court shall, without delay, report to the officer ordering it, the evidence adduced, a statement of the facts, and, when required, an opinion thereon.
Boards for conducting investigations and investigating officers may be appointed in accordance with the rules and regulations adopted for the appointment of similar boards and officers in the United States Army, United States Air Force, and United States Navy.
(Amended by Stats. 2018, Ch. 118, Sec. 39. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 455.1.

455.1. (a) The Courts-Martial Appellate Panel shall consist of three justices to hear matters described in Section 458.1. The Governor, by general order, shall appoint the three justices who have experience and training in the field of military law. The panel shall conduct itself as a three-justice court.
(1) A justice shall not be liable civilly or criminally for any act or acts done by them in the performance of his or her duty, as described in Section 472.
(2) A justice shall be subject to a code of judicial conduct in accordance with applicable the United States Army and the United States Air Force regulations.
(3) A justice shall sit for four years upon which his or her appointment shall be terminated or upon acceptance of his or her resignation by the Adjutant General, whichever occurs first.
(4) A justice shall be paid at the rate of a federal O-6, a military pay grade, only while in session.
(b) The Courts-Martial Appellate Panel may be convened by the President of the United States, the Governor, or the Adjutant General.
(Added by Stats. 2013, Ch. 322, Sec. 2. (AB 1410) Effective January 1, 2014.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 456.

456. General courts-martial have power:
(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.
(b) To adjudge:
(1) Dismissal, in the case of a commissioned or warrant officer.
(2) Dishonorable discharge, in the case of an enlisted member.
(3) Any other punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to one year in confinement.
(Amended by Stats. 2006, Ch. 358, Sec. 1. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 457.

457. Special courts-martial have power:
(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.
(b) To adjudge any punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, but in no case more than 180 days in confinement.
(Amended by Stats. 2006, Ch. 358, Sec. 2. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 458.

458. Summary courts-martial have power:
(a) To try enlisted members of the active militia unless they object thereto.
(b) To adjudge any punishment authorized for a summary court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to 30 days in confinement.
(Amended by Stats. 2006, Ch. 358, Sec. 3. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 458.1.

458.1. The Courts-Martial Appellate Panel shall have power over the following:
(a) The issuance of extraordinary writs relative to all matters arising under the following:
(1) The provisions of this code.
(2) The Uniform Code of Military Justice.
(3) Any regulation issued by the Governor pertaining to members of the California active militia.
(4) Court-martial actions pending before any military judge of the California Military Department.
(b) Adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, as described in Section 455.1, and which include:
(1) Dismissal, in the case of a commissioned or warrant officer.
(2) Dishonorable discharge, in the case of an enlisted person.
(3) Bad-conduct discharge, in the case of an enlisted person.
(4) Forfeiture of all pay and allowances.
(5) Any confinement.
(c) The practices and procedures of the Courts-Martial Appellate Panel shall follow the federal Manual for Courts-Martial described in Section 102 and the California Manual for Courts-Martial.
(Amended by Stats. 2018, Ch. 118, Sec. 40. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 458.2.

458.2. With regard to any matter adjudicated by the Courts-Martial Appellate Panel, the reported decisions of the United States Court of Appeals for the Armed Forces shall have direct precedential authority to such matters unless otherwise directed by the Courts-Martial Appellate Panel. Precedential decisions of the Courts-Martial Appellate Panel shall be posted in a conspicuous place.
(Added by Stats. 2013, Ch. 322, Sec. 4. (AB 1410) Effective January 1, 2014.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 459.

459. The trial counsel of a general or special court-martial in the National Guard shall prosecute in the name of the State.
If military authorities order the arrest by civil authorities of military persons for trial before a military court, such arrested persons can be admitted to bail by any civil magistrate within the county wherein the arrest is made. The admission to, taking of and release upon bail shall be in accordance with applicable provisions and principles of the California Penal Code.
(Amended by Stats. 1951, Ch. 408.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 460.

460. Each miliary court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpenaed for nonattendance or for refusal to be sworn or testify or to produce books, papers, and documents. Military courts may also take by commission the testimony of witnesses who can not reasonably be produced at the trial in the same manner as a superior court.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 461.

461. Commissions and subpenas may be issued by the president or the trial counsel of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the prosecution, and upon application in behalf of any person to be tried by such court, either the president or the trial counsel may direct the commanding officer of any organization to cause such subpena to be served on any member of his command.
(Amended by Stats. 1951, Ch. 408.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 462.

462. A witness not appearing in obedience to a subpena when served personally with a copy thereof, and not having sufficient excuse, or a witness refusing to obey any lawful order of the court, shall forfeit to the State the sum of twenty-five dollars. The president of each court, or summary court officer, shall, from time to time, report to the senior Judge Advocate on the State staff the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpenas. A Judge Advocate may sue for and recover such penalties in the name of the people of the State.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 463.

463. Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in those courts. Process or mandates may be directed to the sheriff of any county, any peace officer, the police of any city and the marshals of any town or city, or to any officer or enlisted person appointed by the court to serve or execute process or mandates. All officers to whom process or mandates are directed shall execute the process or mandates and make return of their acts thereunder according to the requirements thereof.
(Amended by Stats. 2018, Ch. 118, Sec. 41. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 464.

464. The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this division, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. Minors shall be confined in a detention home or equivalent place of confinement, and shall not be confined in a jail with other persons. Persons committed by the process or mandate of a military court shall not be photographed or fingerprinted unless such process or mandate expressly so directs.
(Amended by Stats. 1951, Ch. 408.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 465.

465. Presidents of courts-martial, one-officer special courts-martial, and summary court officers shall have power to issue warrants to arrest an accused person and to bring him or her before the court for trial. A court shall be ordered for his or her trial within the time similarly prescribed by the rules and regulations of the United States Army. If a copy of the charges and specifications is not served, or a court is not ordered within the time herein limited, the arrest shall cease, but the charges and specifications may be served, a court ordered, and the officer or enlisted person be brought to trial after the release from arrest within the time prescribed by the rules and regulations of the United States Army in similar circumstances. The appearance of the accused, without objection and pleading to the charges, shall be a waiver of any defect or irregularity of service of any of the papers mentioned in this section.
(Amended by Stats. 2018, Ch. 118, Sec. 42. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 466.

466. No sentence of a court-martial shall be carried into execution until the proceedings have been reviewed and the sentence approved by the officer appointing the court or by the officer commanding for the time being.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 467.

467. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or marshal of the county, commanding him or her to levy and collect the fines and penalties, together with the costs, upon and out of the property of the person against whom the fine or penalty is imposed. The warrant shall be executed and renewed in the same manner as executions under the Code of Civil Procedure.
All fines collected under this section or imposed and collected under Section 450.1 shall be paid by the officer collecting them to the commanding officer of the organization of which the person fined is or was a member and shall be deposited by the commanding officer into the General Fund.
(Amended by Stats. 1998, Ch. 931, Sec. 350. Effective September 28, 1998.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 468.

468. Any person who is guilty of disorderly, contemptuous, or insolent behavior in a military court, or who uses insulting, contemptuous, or indecorous language or expression to or before a military court, or any member of such court in open court, tending to interrupt its proceedings or to impair the respect due to its authority, or who commits any breach of the peace or makes any noise or other disturbance directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court, or summary court officer, to the jail of the city or county in which such court sits, there to be confined for a period not to exceed three days.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 469.

469. A person who has been separated from the military service shall be subject to the jurisdiction of a lawfully appointed court-martial for trial and punishment for offenses committed during his military service.
If such person is found guilty, he shall be punished according to the Articles of War and the rules and regulations of the United States Army within the limits prescribed by this division and the Federal law for courts-martial of the National Guard.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 470.

470. When the military offense charged is also an offense by the civil law of this State, the officer whose duty it is to order trial may order the person charged to be turned over to the civil authorities for trial; provided, such officer shall turn over such person to the civil authorities in the cases described in Section 471.
(Amended by Stats. 1947, Ch. 393.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 471.

471. Whenever any person in the military service of the State is charged with the commission while on duty of an offense which is a felony under the laws of this State, he shall be delivered by his superior officer or officers to the proper civil authorities of the county or city in which the offense occurred for trial. Trial and punishment by civil authorities shall not preclude trial and additional punishment by court-martial for any military offense resulting from commission of the felony.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 472.

472. No officer by whom a military court is ordered or member of any such military court, or officer or person acting under its authority or reviewing the proceedings thereof or enforcing the process or sentence thereof shall be liable civilly or criminally for any act done in such capacity.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 474.

474. The Adjutant General, under procedures established by him or her and approved by the Governor, and acting through a board of officers appointed by the Adjutant General, may correct any military record of a member of the California National Guard when he or she considers it necessary to correct an error or remove an injustice.
(Amended by Stats. 1994, Ch. 114, Sec. 59. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 9 - Military Courts › Section 475.

475. (a) Any person described in subdivision (b) who is guilty of sexual harassment may be punished pursuant to Section 450.1 or as a court-martial may direct.
(b) (1) This section applies to all members of the active militia who have been lawfully ordered to any type of state duty pursuant to this code or any type of duty pursuant to Title 32 of the United States Code. For purposes of jurisdiction of this section, receipt of a lawful verbal or written order to report shall constitute sufficient evidence for purposes of establishing jurisdiction, however, jurisdiction may be contested as provided in the Manual for Courts-Martial, United States, or the Manual for Courts-Martial, California.
(2) This section does not apply to offenses committed by members of the active militia who were not in a duty status or not ordered to a duty status at the time of the offense or omission, unless it is alleged that the member engaged in an affirmative act or omission that established a connection between the offense and service in the active militia. Jurisdiction shall exist in all circumstances regardless of where the offense was committed.
(3) Nothing in this section precludes any other military or civilian authority from exercising its jurisdiction over any act or omission that violates any local, state, or federal law. Pursuant to Sections 100, 101, 102, and 103, and Article 36 of the Uniform Code of Military Justice, the Governor as Commander-in-Chief of the State Militia may promulgate regulations for this section, which may include guidance similar to that which is provided for the punitive articles of the Uniform Code of Military Justice in Part IV of the Manual for Courts-Martial, United States. Unless otherwise specified, the statute of limitations for the offenses in this section is as provided for in Section 843(b)(1) of the Uniform Code of Military Justice.
(c) For purposes of this section, “sexual harassment” means conduct that involves an unwelcome sexual advance, a request for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, towards, from, or in the presence of any person or persons, if any of the following apply:
(1) Submission to the conduct was made either explicitly or implicitly a term or condition of a person’s job, pay, or career.
(2) Submission to or rejection of the conduct by a person was used, or threatened to be used, as a basis for career or employment decisions affecting that person.
(3) The conduct had the purpose or effect of unreasonably interfering with any person’s work performance or created an intimidating, hostile, or offensive working environment for any person, and was so severe or pervasive that a reasonable person or a reasonable victim would have perceived that the work environment was hostile or offensive.
(Amended by Stats. 2022, Ch. 197, Sec. 11. (SB 1493) Effective January 1, 2023.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 10 - California National Guard Members Revenue Bond Act of 1978 › ARTICLE 2 - Authorization and Issuance of Bonds › Section 481.

481. Revenue bonds may be issued by the department at such times and in such amounts as do not exceed seventy-five million dollars ($75,000,000) for home loans, fifteen million dollars ($15,000,000) for farm loans, and ten million dollars ($10,000,000) for mobilehome loans as the department, with the approval of the California National Guard Finance Committee, may determine.
(Amended by Stats. 1981, Ch. 920, Sec. 10.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 10 - California National Guard Members Revenue Bond Act of 1978 › ARTICLE 2 - Authorization and Issuance of Bonds › Section 481.1.

481.1. Whenever the department determines that revenue bonds should be issued, it shall adopt a resolution of issuance, which shall be executed for the department by the Commanding General of the California National Guard. Each resolution of issuance so adopted by the department shall be submitted to the California National Guard Finance Committee which shall consider and approve or disapprove any resolution of issuance so submitted. Upon such approval, by a resolution adopted by a majority of the members of the California National Guard Finance Committee, the resolution of issuance shall become effective and the State Treasurer shall cause the revenue bonds authorized thereunder to be prepared in accordance with the terms of the resolution of issuance.
(Added by Stats. 1978, Ch. 1274.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 10 - California National Guard Members Revenue Bond Act of 1978 › ARTICLE 2 - Authorization and Issuance of Bonds › Section 481.2.

481.2. Revenue bonds shall be issued in the name of the department and as the obligation of the department, but neither the principal of, nor the interest on, any revenue bonds shall be or become a lien, charge or liability against the State of California, the department, or the California National Guard Finance Committee, or against the property or funds of any of them, except to the extent of the pledge of revenues as may be provided by the resolution of issuance pursuant to which such revenue bonds are issued. Every revenue bond shall contain a recital substantially as follows:
“Neither the faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of or interest on this bond.”
(Added by Stats. 1978, Ch. 1274.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 10 - California National Guard Members Revenue Bond Act of 1978 › ARTICLE 2 - Authorization and Issuance of Bonds › Section 481.3.

481.3. All revenue bonds shall bear the facsimile signature of the Adjutant General and the Deputy Adjutant General and shall be authenticated by the trustee. The Seal of the California National Guard shall be impressed, mechanically reproduced, or imprinted by facsimile upon each revenue bond. The interest coupons attached to any revenue bond shall bear a facsimile of the signature of the Adjutant General.
In case any official whose signature or countersignature appears on the revenue bonds or coupons ceases to be that official before the revenue bonds so signed or countersigned have been actually executed or delivered, the signature or countersignature is nevertheless valid and sufficient for all purposes as if the person had remained in office until the delivery of the revenue bonds and the revenue bonds and coupons shall be issued and shall be as binding upon the department as though the person who signed the revenue bonds or coupons had been that official on the date borne by the revenue bonds or coupons and on the date of delivery. The revenue bonds may be signed and sealed on behalf of the department by that person as if, at the actual date of execution of the revenue bonds, the person was the Adjutant General or the Deputy Adjutant General, as the case may be, although, on the date borne by the revenue bonds, the person was not that official.
(Amended by Stats. 1983, Ch. 517, Sec. 11.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 10 - California National Guard Members Revenue Bond Act of 1978 › ARTICLE 2 - Authorization and Issuance of Bonds › Section 481.4.

481.4. The validity of the authorization and issuance of any revenue bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the expenditure of the proceeds thereof or the validity of any purchase contracts or payments received thereon pledged to pay revenue bonds.
(Added by Stats. 1978, Ch. 1274.)