reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 3 - ARMORIES, LANDING FIELDS, AND HANGARS (§§ 12-63-301 — 12-63-305) › Section 12-63-301 - Purchase and construction

(a)
The Adjutant General is given authority to purchase or construct armories, landing fields, or hangars, in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard, at a place or places in the state as he or she may deem proper.
(b)
To enable the Adjutant General to carry into effect the power and authority conferred upon him or her, he or she is given authority to sign rental contracts, employ professional assistance, execute construction contracts and contracts of purchase, and take deeds and contracts of purchase or donations of property for the purposes herein specified in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard.
(c)
Authority is granted the Adjutant General, the Treasurer of State, or other appropriate state officer to accept any federal grants or funds which are now or which may hereafter be available for the construction of armories or facilities in this state.
Acts 1969, No. 50, §§ 177, 181; A.S.A. 1947, §§ 11-801, 11-805.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 3 - ARMORIES, LANDING FIELDS, AND HANGARS (§§ 12-63-301 — 12-63-305) › Section 12-63-302 - Rules for use

(a)
The Adjutant General shall issue rules governing the use of armories, landing fields, and hangars acquired under the provisions of this code.
(b)
The Adjutant General is authorized to appoint one (1) or more persons at the location of each armory, landing field, or hangar, who shall have charge of such property and govern the use of it in accordance with the rules issued by the Adjutant General.
Amended by Act 2019, No. 315,§ 942, eff. 7/24/2019.
Acts 1969, No. 50, § 179; A.S.A. 1947, § 11-803.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 3 - ARMORIES, LANDING FIELDS, AND HANGARS (§§ 12-63-301 — 12-63-305) › Section 12-63-303 - Easements

In addition to the foregoing, the Adjutant General, by and with the approval of the Governor, may, when he or she deems it necessary, grant utilities easements across any and all military reservations under his or her jurisdiction in such manner and under such conditions as he or she may impose, provided that the granting of such easements does not impair the use of the military reservation for military purposes.
Acts 1969, No. 50, § 183; A.S.A. 1947, § 11-807.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 3 - ARMORIES, LANDING FIELDS, AND HANGARS (§§ 12-63-301 — 12-63-305) › Section 12-63-304 - Renting of currently used readiness centers - Disposition of proceeds

(a)
The Adjutant General, acting for and on behalf of the Arkansas National Guard, shall issue rules concerning the rental and use of a National Guard readiness center or its facilities or portions thereof to any person, organization, firm, corporation, or governmental agency for any legal use for short periods of time, provided the renting of the readiness center or its facilities or portions thereof does not interfere with its use by the National Guard for training or other military purposes.
(b)
All such rentals shall be in writing and shall contain appropriate clauses permitting immediate termination or cancellation of the rental agreement on order of the Adjutant General should the public interest or National Guard purposes necessitate the termination.
(c)
A readiness center or its facilities or portions thereof shall not be rented for less than an amount sufficient to cover all expenses, including custodian fees, utility bills, janitor service, and any repairs occasioned by such use.
(d)
(1)
Readiness center funds are those funds derived from the use of the facilities by an individual, agency, or organization other than the official users of the facilities by National Guard units quartered therein. Social meetings for members of a unit and their families, sponsored by the unit, are considered official.
(2)
A full and complete record of funds received and disbursed shall be maintained by the senior officer of the official using the unit and shall be subject to audit as may be required by the Adjutant General.
(3)
The Adjutant General shall publish rules governing the expenditure of such rental funds to ensure that the state expenses are recovered from the rental funds and that rental funds are used for Arkansas National Guard morale, welfare, and recreation events.
Amended by Act 2019, No. 315,§ 944, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 943, eff. 7/24/2019.
Amended by Act 2013, No. 1013,§ 1, eff. 8/16/2013.
Acts 1969, No. 50, § 180; 1979, No. 422, § 1; A.S.A. 1947, § 11-804.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-401 - Title accepted

(a)
The State of Arkansas accepts title to the property, improvements, and appurtenances situated at Camp Joseph T. Robinson.
(b)
The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances from the United States upon such terms and conditions as may be mutually agreed between the United States Government and the Adjutant General acting in behalf of the State of Arkansas.
(c)
The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances adjoining or as an adjunct to Camp Joseph T. Robinson or adjoining or as an adjunct to other real property owned or held by the Adjutant General upon terms and conditions as may be agreed to between the Adjutant General, acting on behalf of the State of Arkansas, and the owner of such real property.
(d)
Interests in real property shall not be purchased or acquired by the Adjutant General except by gift or for a consideration of not greater than ten dollars ($10.00) except upon an appropriation by the General Assembly or with such funds provided from the United States authorized to be expended for such purposes.
(e)
The Adjutant General is authorized to establish and operate upon such lands military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be necessary and proper for military purposes, or which are customary in the military services, and to conduct upon such lands such other activities and operate such facilities as may be ordered by the Governor or be required by law.
(f)
Such military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be established and operated by the Adjutant General shall be operated in accordance with applicable regulations of the United States armed forces, subject to the orders, directions, regulations, and general supervision of the Adjutant General, and subject to such restrictions and requirements as provided by state law governing other military training facilities, recreational facilities, and service clubs operated by the Adjutant General.
Acts 1951, No. 121, § 1; 1955, No. 381, § 1; A.S.A. 1947, §§ 11-1801, 11-1803; Acts 1993, No. 924, § 1; 1993, No. 1034, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-403 - Lease or sale - Disposition of funds

(a)
The Adjutant General shall have authority to lease or sublease property or portions thereto for such rentals, on such terms and conditions, and for such period of time as he or she shall deem to be in the best interest of the National Guard and the State of Arkansas.
(b)
The lease or sublease or contracts for sale of property which is not needed for military purposes shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas.
(c)
The contracts or leases shall contain suitable provisions for the immediate termination in the event of the occurrence of an emergency rendering the use of the property for military purposes.
(d)
Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Camp Joseph T. Robinson shall be used for operations, maintenance, improvements, and personnel costs of Camp Joseph T. Robinson.
(e)
Funds received or derived from leases, rentals, and sales of real property or from severed personal property derived from Fort Chaffee shall be used for operations, maintenance, improvements, and personnel costs of Fort Chaffee.
Acts 1951, No. 121, § 2; A.S.A. 1947, § 11-1802; Acts 1997, No. 1201, § 6.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-404 - Military-type canteens and exchanges - Establishment and operations

(a)
The Adjutant General, as custodian of military properties and military reservations, may institute and operate military-type canteens and exchanges similar to those operated by armed forces of the United States on any military reservation, and he or she may designate suitable buildings and lands located on a military reservation for the operation of military-type canteens and exchanges.
(b)
(1)
Except as otherwise provided in subdivision (b)(2) of this section, a military-type canteen and exchange established or operated under this section is subject to similar procedures, policies, limitations, and restrictions governing the canteens and exchanges of the Army and Air Force Exchange Service, as the Adjutant General may deem advisable, necessary, or expedient.
(2)
(A)
Military-type canteens and exchanges established or operated under this section shall not sell, trade, exchange, market, or vend automobiles, household appliances, furniture, building products, motorcycles, or bicycles.
(B)
Military-type canteens and exchanges may contract with one (1) or more automobile rental agencies to provide leased or rented vehicles for use by uniformed service members, trainees, and other temporary residents of military reservations.
Amended by Act 2023, No. 454,§ 1, eff. 8/1/2023.
Acts 1977, No. 489, § 1; 1983, No. 137, § 1; A.S.A. 1947, § 11-1805; Acts 1997, No. 1201, § 7.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-405 - Military-type canteens and exchanges - Adjutant General's powers and duties

The Adjutant General may:
(1)
Enter into contracts or agreements with military-focused nonprofits, military-focused nonprofit foundations, or other entities for the operation of military-type canteens and exchanges;
(2)
Enter into or authorize contracts or agreements with wholesalers, distributors, or suppliers of inventory items for stocking the military-type canteens and exchanges;
(3)
Prescribe a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the operations of military-type canteens and exchanges; and
(4)
Prescribe rules governing the operation of the military-type canteens and exchanges on military reservations and military properties.
Amended by Act 2023, No. 454,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 945, eff. 7/24/2019.
Acts 1977, No. 489, § 2; A.S.A. 1947, § 11-1806; Acts 1997, No. 1201, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-406 - Military-type canteens and exchanges - Inventory and sales - Tax exemption

(a)
The Adjutant General, acting for and on behalf of the Arkansas National Guard, may purchase normally regarded military-type canteen and exchange inventory items, subject to the limitations prescribed in §
12-63-404
.
(b)
The sale of items shall be made only to:
(1)
Active and retired members of the Army National Guard and Air National Guard;
(2)
Active, retired, and reserve members of the United States Armed Forces;
(3)
United States Department of Defense employees;
(4)
Full-time employees of the Department of the Military;
(5)
Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee;
(6)
Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee;
(7)
Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and
(8)
Dependents of the persons in subdivisions (b)(1)-(7) of this section who hold identification cards evidencing their status, as may be found acceptable to the Adjutant General.
(c)
The items sold shall be exempt from the imposition of any taxes levied by the State of Arkansas or by any political subdivision thereof.
Amended by Act 2023, No. 454,§ 4, eff. 8/1/2023.
Amended by Act 2023, No. 454,§ 3, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 5537, eff. 7/1/2019.
Acts 1977, No. 489, § 3; 1979, No. 362, § 1; 1983, No. 137, § 2; A.S.A. 1947, § 11-1807; Acts 1987, No. 781, § 1; 1995, No. 521, § 1; 1997, No. 1201, § 9.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-409 - Military-type canteens and exchanges - Use of funds

All nonappropriated funds derived from the operation of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges shall be used exclusively for improvements on, to, or for the Robinson Maneuver Training Center, the Fort Chaffee Joint Maneuver Training Center, or any other military reservation, armory, or airfield, or for the general welfare of the units and members of the Arkansas National Guard.
Amended by Act 2023, No. 454,§ 6, eff. 8/1/2023.
Acts 1977, No. 489, § 6; A.S.A. 1947, § 11-1810; Acts 1997, No. 1201, § 11.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-410 - Military-type canteens and exchanges - Conditional termination

(a)
If the Adjutant General deems it to be in the best interest of the military forces of this state or of the United States, the Adjutant General may enter into an agreement or agreements with the Army and Air Force Exchange Service for the institution, maintenance, and operation by the Army and Air Force Exchange Service of post exchanges on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, or both.
(b)
(1)
Upon the execution of the agreement or agreements and the institution by the Army and Air Force Exchange Service of a post exchange on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, the operation of the military-type canteen and exchange, as the case may be, by the Adjutant General, as provided in §§
12-63-404
-
12-63-409
and this section, shall terminate.
(2)
The termination of the operation of one (1) or more military-type canteens and exchanges shall not mandate that other military-type canteens and exchanges at other locations be closed.
Amended by Act 2023, No. 454,§ 7, eff. 8/1/2023.
Acts 1977, No. 489, § 8; 1979, No. 362, § 2; A.S.A. 1947, § 11-1811; Acts 1997, No. 1201, § 12.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 4 - CAMP JOSEPH T. ROBINSON (§§ 12-63-401 — 12-63-411) › Section 12-63-411 - State Military Lake - Stocking

(a)
As used in this section, "state military lake" means a lake:
(1)
Located on Robinson Maneuver Training Center; and
(2)
Owned by the State of Arkansas.
(b)
(1)
The Department of the Military may stock a state military lake with fish each year for a special event by using:
(A)
The funds maintained in the Camp Robinson Public Fund; and
(B)
Rental income.
(2)
However, the department shall not use the state's general revenue to stock a state military lake under subdivision (b)(1) of this section.
Added by Act 2023, No. 284,§ 19, eff. 7/1/2023.
The act states Arkansas Code Title 12, Chapter 63, Subchapter 4, is amended to add an additional section to codify special language in appropriation acts, but the section was enacted without a number.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 63 - MILITARY PROPERTY (§§ 12-63-101 — 12-63-501) › Subchapter 5 - MILITARY SERVICE CLUBS (§ 12-63-501) › Section 12-63-501 - Ebbing Air National Guard Field

(a)
The Adjutant General is authorized to establish and operate a military service club at Ebbing Air National Guard Base.
(b)
(1)
Any military service club established at Ebbing Air National Guard Base shall be operated at no cost to the State of Arkansas and shall be generally operated in accordance with applicable military regulations of the United States Air Force pertaining to military service clubs, and in accordance with the orders, directions, and general supervision of the Adjutant General.
(2)
The laws of the state and the rules of the Alcoholic Beverage Control Division shall apply to the operation of the military service club.
(3)
To the extent there is a conflict between applicable regulations of the United States Air Force pertaining to military service clubs and the laws and regulations of the state, state laws and regulations shall control.
(c)
Any military service club established at Ebbing Air National Guard Base shall obtain all requisite state and local permits required for its operation and shall pay any taxes due from its operation to the state and local governments that apply to its operation.
Amended by Act 2019, No. 315,§ 946, eff. 7/24/2019.
Acts 1993, No. 1074, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-101 - Territorial applicability

(a)
This code applies to all persons while they are serving inside or outside the state.
(b)
Courts-martial may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015.
Acts 1969, No. 50, § 50; A.S.A. 1947, § 11-605.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-102 - Jurisdiction to try certain personnel

(a)
Jurisdiction of courts-martial shall be coextensive with the jurisdiction provided for similar courts of the United States Army and United States Air Force while accounting for the differences in the types of duty status of members of the organized militia.
(b)
(1)
A person discharged from the organized militia who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial under this code.
(2)
A person convicted under subdivision (b)(1) of this section is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(c)
No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
Amended by Act 2019, No. 211,§ 4, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015.
Acts 1969, No. 50, § 48; A.S.A. 1947, § 11-603.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-103 - [Repealed]

Repealed by Act 2015, No. 1003,§ 5, eff. 7/22/2015.
Acts 1969, No. 50, § 163; A.S.A. 1947, § 11-674.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-105 - Oaths - Affidavits

(a)
The following persons of the organized militia may administer oaths for those purposes of military administration, including military justice, and affidavits may be taken for those purposes before those persons who shall have the general powers of a notary public:
(1)
The State Judge Advocate and all assistant state judge advocates;
(2)
All summary courts-martial;
(3)
All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(4)
All legal officers;
(5)
The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial;
(6)
The president and the counsel for the court of any court of inquiry;
(7)
All officers designated to take a disposition;
(8)
All persons detailed to conduct an investigation; and
(9)
All other persons designated by rules of the Governor.
(b)
The signature without seal of any such person, together with the title of his or her office, is prima facie evidence of this authority.
Amended by Act 2019, No. 315,§ 947, eff. 7/24/2019.
Acts 1969, No. 50, § 164; A.S.A. 1947, § 11-675.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-106 - [Repealed]

Repealed by Act 2015, No. 1003,§ 6, eff. 7/22/2015.
Acts 1969, No. 50, § 49; A.S.A. 1947, § 11-604; Acts 1989, No. 178, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-107 - Code to be explained

(a)
(1)
Sections
12-60-103
,
12-64-102
,
12-64-107
,
12-64-109
,
12-64-201
-
12-64-203
,
12-64-205
-
12-64-207
,
12-64-301
,
12-64-302
,
12-64-407
,
12-64-410
,
12-64-509
,
12-64-601
, and
12-64-801
-
12-64-848
of this code shall be carefully explained to every enlisted member at the time of his or her enlistment or transfer or induction into, or at the time of his or her order to duty in or with any of the forces of the organized militia or within thirty (30) days thereafter.
(2)
They shall also be explained annually to each unit of the organized militia.
(b)
A complete text of this code and of the rules prescribed by the Governor thereunder shall be made available to any member of the organized militia, upon his or her request, for his or her personal examination.
Amended by Act 2019, No. 315,§ 948, eff. 7/24/2019.
Amended by Act 2015, No. 1003,§ 7, eff. 7/22/2015.
Acts 1969, No. 50, § 165; A.S.A. 1947, § 11-676.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-108 - [Repealed]

Repealed by Act 2015, No. 1003,§ 8, eff. 7/22/2015.
Acts 1969, No. 50, § 167; A.S.A. 1947, § 11-678.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-109 - Complaint against superior officer

Any member of the organized militia who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General.
Acts 1969, No. 50, § 166; A.S.A. 1947, § 11-677.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-64-101 — 12-64-110) › Section 12-64-110 - Appropriations - Department of the Military Fund Account-Military Justice Fund

(a)
There shall be appropriated annually, for the Department of the Military, the sum of twenty thousand dollars ($20,000) for the State Judge Advocate to pay for the administration of military justice.
(b)
For the foregoing purposes, there is created in the State Treasury a fund to be designated the "Department of the Military Fund Account-Military Justice Fund", from which expenses of military justice shall be paid in the amounts and manner prescribed by law.
Amended by Act 2019, No. 910,§ 5539, eff. 7/1/2019.
Amended by Act 2015, No. 1003,§ 9, eff. 7/22/2015.
Acts 1969, No. 50, § 170; A.S.A. 1947, § 11-681.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-201 - Apprehension generally

(a)
"Apprehension" is the taking of a person into custody.
(b)
Any person authorized by this code or by rules issued pursuant thereto to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c)
Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
Amended by Act 2019, No. 315,§ 949, eff. 7/24/2019.
Acts 1969, No. 50, § 52; A.S.A. 1947, § 11-607.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-202 - Apprehension of deserters

Any civil officer having authority to apprehend offenders upon the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the organized militia and deliver him or her into the custody of the organized militia. If an offender is apprehended outside the state, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
Acts 1969, No. 50, § 53; A.S.A. 1947, § 11-608.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-203 - Restraint

Subject to the orders or rules of the Adjutant General, commanders of the organized militia may restrain persons under their jurisdiction to the same extent as military commanders in service to the United States.
Amended by Act 2019, No. 315,§ 950, eff. 7/24/2019.
Amended by Act 2015, No. 1003,§ 10, eff. 7/22/2015.
Acts 1969, No. 50, § 54; A.S.A. 1947, § 11-609.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-204 - [Repealed]

Repealed by Act 2015, No. 1003,§ 11, eff. 7/22/2015.
Acts 1969, No. 50, § 55; A.S.A. 1947, § 11-610.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-205 - Reports and receiving of prisoners

(a)
No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under this code may refuse to receive or keep any prisoner committed to his or her charge when the committing person furnishes a statement signed by him or her of the offenses charged against the prisoner.
(b)
Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under this code, to whose charge a prisoner is committed, shall within twenty-four (24) hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment.
Acts 1969, No. 50, § 56; A.S.A. 1947, § 11-611.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-206 - Pretrial restraint as punishment prohibited

Pretrial restraint is not punishment and shall not be used as punishment.
Amended by Act 2015, No. 1003,§ 12, eff. 7/22/2015.
Acts 1969, No. 50, § 57; A.S.A. 1947, § 11-612.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 2 - APPREHENSION AND RESTRAINT (§§ 12-64-201 — 12-64-207) › Section 12-64-207 - Delivery of offenders to civil authorities

(a)
Under such rules as may be prescribed under this code, a person on active militia duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b)
When delivery hereunder is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for his or her offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.
Amended by Act 2019, No. 315,§ 951, eff. 7/24/2019.
Acts 1969, No. 50, § 58; A.S.A. 1947, § 11-613.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 3 - NONJUDICIAL PUNISHMENT (§§ 12-64-301 — 12-64-303) › Section 12-64-302 - Appeal

(a)
A person punished under this subchapter who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority.
(b)
The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.
(c)
The officer who imposes the punishment, his or her successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.
Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 3 - NONJUDICIAL PUNISHMENT (§§ 12-64-301 — 12-64-303) › Section 12-64-303 - Court-martial not barred

The imposition and enforcement of disciplinary punishment under this subchapter for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter. However, the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-401 - Classifications of courts-martial

There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely:
(1)
General courts-martial, which shall consist of:
(A)
A military judge and:
(i)
Any number of members not less than eight (8); or
(ii)
Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or
(B)
Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;
(2)
Special courts-martial, consisting of:
(A)
A military judge and not less than four (4) members; or
(B)
Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice,
10 U.S.C. § 801
et seq., subject to applicable limitations; and
(3)
Summary courts-martial which shall consist of one (1) officer.
Amended by Act 2019, No. 211,§ 5, eff. 2/26/2019.
Acts 1969, No. 50, § 60; A.S.A. 1947, § 11-615; Acts 1987, No. 125, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-402 - Jurisdiction generally

(a)
Each force of the organized militia has court-martial jurisdiction and powers over all persons subject to this code and shall follow the forms and procedures provided for similar courts of the United States Army and United States Air Force unless specifically enumerated in the Arkansas Code or by the Governor as the chief executive officer and Commander-in-Chief of the organized militia.
(b)
The exercise of jurisdiction by one force over personnel of another force shall be in accordance with rules prescribed by the Governor.
(c)
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
Amended by Act 2019, No. 315,§ 953, eff. 7/24/2019.
Amended by Act 2019, No. 211,§ 6, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.
Acts 1969, No. 50, §§ 61, 173; A.S.A. 1947, §§ 11-616, 11-684.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-403 - General courts-martial punishments

General courts-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments for each specification:
(1)
Confinement with hard labor that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days;
(2)
A fine or forfeiture in an amount that shall not exceed the lowest sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or three hundred sixty-five (365) days of the service member's base pay and allowances;
(3)
Dishonorable discharge, bad conduct discharge, or dismissal;
(4)
Reprimand; and
(5)
Reduction of enlisted persons to a lower grade.
Amended by Act 2019, No. 211,§ 7, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.
Acts 1969, No. 50, § 62; 1985, No. 670, § 8; A.S.A. 1947, § 11-617; Acts 2007, No. 47, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-404 - Special courts-martial punishments

A special court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments:
(1)
Confinement with hard labor that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days;
(2)
A fine or forfeiture of pay and allowances in an amount that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days of the service member's base pay and allowances;
(3)
Bad conduct discharge;
(4)
Reprimand; and
(5)
Reduction of enlisted persons to a lower grade.
Amended by Act 2019, No. 211,§ 8, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.
Acts 1969, No. 50, § 63; 1985, No. 670, § 8; A.S.A. 1947, § 11-618; Acts 2007, No. 47, § 9.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-405 - Summary courts-martial punishments

(a)
Officers and warrant officers may not be tried by summary courts-martial.
(b)
No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to a trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate.
(c)
A summary court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments:
(1)
Confinement with hard labor not exceeding thirty (30) days;
(2)
A fine or forfeiture of pay and allowances in an amount that shall not exceed thirty (30) days of the service member's base pay and allowances;
(3)
Reprimand; and
(4)
Reduction of enlisted persons to a lower grade.
Amended by Act 2019, No. 211,§ 9, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.
Acts 1969, No. 50, § 64; 1981, No. 656, § 2; 1985, No. 670, § 8; 1985 (1st Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 11-619; Acts 2007, No. 47, § 10.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-406 - Convening courts-martial

(a)
General, special, and summary courts-martial may be convened by the Governor or the commanding general of the organized militia.
(b)
Special courts-martial may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command.
(c)
(1)
Summary courts-martial consisting of one (1) commissioned officer may be convened by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where the troops are on duty, or of a brigade, regiment, wing, group, detached battalion, squadron, company, or other detachment.
(2)
The proceedings shall be informal.
Amended by Act 2017, No. 250,§ 29, eff. 8/1/2017.
Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.
Acts 1969, No. 50, §§ 68-70; A.S.A. 1947, §§ 11-623 -- 11-625.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-407 - Service on courts-martial

(a)
Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b)
Any warrant officer of or on duty with the organized militia 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 courts for trial.
(c)
(1)
(A)
Any enlisted member of the organized militia 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 or she shall serve as a member of a court only if before the convening of the court the accused personally has requested in writing that enlisted members serve on it.
(B)
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-third (1/3) of the total membership of the court unless eligible members cannot be obtained on account of physical conditions or military exigencies.
(C)
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 subsection the word, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them.
(d)
When it can be avoided, no person subject to this code shall be tried by a court-martial any member of which is junior to him or her in rank or grade.
(e)
When convening a court-martial, the convening authority shall detail as members thereof such members as in his or her opinion are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.
(f)
No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
Amended by Act 2019, No. 211,§ 10, eff. 2/26/2019.
Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-408 - [Repealed]

Repealed by Act 2015, No. 1003,§ 15, eff. 7/22/2015.
Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626; Acts 1987, No. 125, § 2.