reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-213 - Oath of office; by whom administered

Every commissioned officer of the organized militia shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this chapter. The oath shall be taken and subscribed before an officer of the organized militia authorized to administer oaths as provided in this chapter or before a notary public or other officer authorized by the laws of this state to administer oaths.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-214 - Uniforms and equipment

Every commissioned officer shall provide himself with such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-215 - Efficiency and medical examining boards - Consideration by; composition and appointment of

(a)
The efficiency, moral character, and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless such senior officers are unavailable.
(b)
The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers.
(c)
Efficiency and medical examining boards shall be appointed by the Governor upon the recommendation of the adjutant general; provided, however, that whenever an examining board is appointed for the purpose of determining the fitness of any officer for continued federal recognition, the board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-216 - Efficiency and medical examining boards - Powers; procedure for appearances; discharge; transfer to reserve or retired list

Efficiency and medical examining boards appointed by the Governor are vested with the powers of courts of inquiry and courts-martial. The boards shall follow the practice and procedure prescribed by applicable laws of the United States and the state and the regulations issued thereunder. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses, and to call witnesses in his behalf. He shall at all stages of the proceeding be allowed full access to records pertinent to his case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by the board that the officer ordered to appear should be discharged. If the findings of the board are unfavorable to an officer and are approved as provided by applicable laws of the United States or by the Governor, the Governor shall relieve the officer from duty and shall give him a discharge in such form as may be appropriate; provided, however, that if the discharge of an officer is recommended solely because of physical inability to perform active service, the officer may be transferred to the state reserve list or the state retired list in accordance with this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-217 - Resignations; acts constituting resignation; types of discharge after resignation; resignation of officers who are accountable for military funds or property

(a)
A commissioned officer of the organized militia may tender his resignation at any time to the Governor. If the Governor accepts the resignation, the officer shall receive an honorable discharge; but, if the officer tendering his resignation is under arrest or if charges have been preferred against him for the commission of an offense punishable by a court-martial, he may be given a discharge in such form as the Governor may direct.
(b)
Enlistment in the regular army, air force, navy, marine corps, space force, or coast guard of the United States shall be deemed a resignation by the person so enlisting of all commissions in the militia held by him or her.
(c)
The acceptance of a commission in the organized militia shall be deemed a resignation by the person accepting the same of any other commission held by him in the militia.
(d)
Permanent removal from the state of an officer of the organized militia shall be deemed a resignation.
(e)
All officers of the organized militia accountable or responsible for military funds or property who tender their resignations or who are deemed to have resigned shall be transferred immediately to an unassigned list pending discharge from such accountability or responsibility. The transfer shall not relieve the officers of their liability until they are discharged therefrom as provided by the laws of the United States and by this chapter and regulations issued pursuant thereto.
Amended by 2024 Ga. Laws 389,§ 11, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-218 - Absence without leave

Any commissioned officer of the organized militia who absents himself without leave for three months may be dismissed by the Governor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 1 - OFFICERS (§§ 38-2-210 — 38-2-219) › Section 38-2-219 - Warrant officers

The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers except that warrant officers who have been absent without leave may be discharged as may be prescribed by the applicable laws of the United States and by this chapter and the regulations issued thereunder.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 2 - ENLISTED PERSONNEL (§§ 38-2-230 — 38-2-234) › Section 38-2-230 - Enlistment; qualifications; period of service; transfer; discharge; extensions of enlistments

(a)
The qualifications for enlistment and reenlistment, the period of enlistment, reenlistment, and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the forces of the organized militia shall be those prescribed by applicable laws of the United States and by this chapter and by regulations issued thereunder.
(b)
Any person who has been discharged under other than honorable conditions from the organized militia of this or any other state or from any component of the armed forces of the United States and who has not been restored to duty shall not be eligible for enlistment in any force of the organized militia.
(c)
(1)
The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the organized militia for, but not exceeding the duration of, an emergency declared by him.
(2)
Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the armed forces of the United States is extended, the Governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel in the corresponding force of the organized militia for the same period.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 2 - ENLISTED PERSONNEL (§§ 38-2-230 — 38-2-234) › Section 38-2-231 - Contract and oath of enlistment; penalty

Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to this chapter. The oath shall be taken and subscribed before any officer authorized by Code Section
38-2-213
to administer the oath of office to a commissioned officer. A person making a false oath as to any statement contained in the enlistment contract commits the offense of false swearing.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 2 - ENLISTED PERSONNEL (§§ 38-2-230 — 38-2-234) › Section 38-2-232 - Noncommissioned officers and petty officers; appointments; appointing officer; termination of appointment

All noncommissioned officers and petty officers of the organized militia shall be appointed at the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. The appointment shall be in accordance with regulations of the United States and regulations issued pursuant to this chapter. Appointing officers shall be designated in regulations issued pursuant to this chapter. The appointment of a noncommissioned officer or a petty officer may be terminated as prescribed by regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 2 - ENLISTED PERSONNEL (§§ 38-2-230 — 38-2-234) › Section 38-2-233 - Discharges; conditions; form

(a)
An enlisted person may be discharged from any force of the organized militia prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States and by this chapter and regulations issued pursuant thereto.
(b)
An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 2 - ENLISTED PERSONNEL (§§ 38-2-230 — 38-2-234) › Section 38-2-234 - Absent without leave; dropping from rolls

When an enlisted person of the organized militia absents himself without leave for three months and there is reason to believe that he does not intend to return, he may be dropped from the rolls under such regulations as may be prescribed pursuant to this chapter.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 3 - PAY, PENSIONS, AND ALLOWANCES (§§ 38-2-250 — 38-2-252) › Section 38-2-250 - Pay while on active service; special duty; travel expenses; minimum base pay

(a)
Each member of the militia ordered into the active service of the state pursuant to Code Sections
38-2-6
,
38-2-6.1
, and
38-2-72
or Code Section
45-12-31
or
45-12-34
, shall receive for each day of such duty the same pay and allowances received by members of the appropriate force of the armed forces of the United States of corresponding grade, rating, and length of service.
(b)
Pay and allowances for each day of special duty and state active duty provided for in subsections (b) and (c) of Code Section
38-2-25
shall be the same as the pay and allowances prescribed for members of the appropriate force of the armed forces of the United States of corresponding grade, rating, and length of service.
(c)
In addition to the pay and allowances provided for members of the militia under subsections (a) and (b) of this Code section, such members shall also receive necessary travel expenses where authorized.
(d)
The minimum base pay provided for members of the militia under subsections (a) and (b) of this Code section shall be $30.00 for each day of duty.
(e)
Nothing in this Code section shall be construed as to apply when the National Guard is called into active service pursuant to Title 32 of the United States Code.
Amended by 2021 Ga. Laws 172,§ 1, eff. 5/4/2021.
Amended by 2004 Ga. Laws 447, § 2, eff. 4/29/2004.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 3 - PAY, PENSIONS, AND ALLOWANCES (§§ 38-2-250 — 38-2-252) › Section 38-2-251 - [Repealed] Pay, care, etc., when injured or disabled in service; pensions; medical examining boards; rehearings

Reserved by 2012 Ga. Laws 684,§ 38, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 3 - PAY, PENSIONS, AND ALLOWANCES (§§ 38-2-250 — 38-2-252) › Section 38-2-252 - Uniform allowance for officers

Whenever the military fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms, and equipment.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-270 - Relief from civil or criminal liability; immunity not exclusive security for attorney's fees; defense by Attorney General authorized

(a)
Members and commanders of the militia who are performing duty pursuant to this chapter shall not be liable, civilly or criminally, for any acts done by them in the performance of their duty.
(b)
When an action or proceeding of any nature is commenced in any court by any person against any member of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such member or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to give security, in such amount as shall be determined by the judge of the court in which the action is pending, for the payment of attorney fees that may be awarded to the defendant therein. In default of giving such security the action or proceeding shall be dismissed. Such a defendant in whose favor a final judgment is rendered shall recover reasonable attorney's fees from the person instituting or prosecuting the action or proceeding. The immunity provided in this Code section shall be in addition to that provided by other provisions of law and this Code section shall not be construed to limit or qualify any other immunity provided to members or commanders of the militia by any other provision of law.
(c)
In addition to the protections of subsections (a) and (b) of this Code section, the Governor is authorized to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-271 - Change of venue for persons indicted or subjected to civil action for performance of military duty

Any civil officer, officer, or member of the militia or any person lawfully aiding him in the performance of any military duty required under this chapter, if subjected to a criminal charge or civil action for any crime or trespass or for injury to person or property which occurred while endeavoring to perform such duty, shall have the right, and it is made the duty of the court in which the indictment, accusation, or action is pending upon the application of any person thus defending, to transfer the trial of the indictment, accusation, or action to some county other than that in which the indictment or accusation was found or the injury done. The transfer shall be made to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel in case of a criminal charge or by the parties and their counsel in case of a civil action. If a county is not thus agreed upon, the judge shall select a county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-272 - Exemption from arrest on civil process; uniform and equipment exempt from levy and sale

No person belonging to the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. No part of the uniform or equipment of any officer or enlisted man of the organized militia shall be subject to levy and sale for debts.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-273 - Free passage through tollgates, tunnels, toll bridges, and ferries while under orders

Any person belonging to the organized militia shall, together with the conveyance and property of the state or of the United States in his charge, be allowed to pass free through all tollgates and tunnels and over all toll bridges and ferries if he is in uniform and presents an order for duty or certificate of an order for duty.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-274 - Unlawful conversion of military property; penalty

(a)
It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, purchase, retain after demand by a commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipment, or other military property issued under this chapter.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
No judge, district attorney, solicitor-general, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military property.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-275 - Unlawful wearing of uniforms and devices indicating rank; penalty

(a)
It shall be unlawful for any person except members of components of the armed forces of the United States, members of the organized militia of this or any other state, members of associations wholly composed of persons honorably discharged from the armed forces of the United States, and members of associations wholly composed of children of veterans of any war of the United States to wear any uniform or any device, strap, knot, or insignia of any design or character used as a designation of grade, rank, or office such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto, provided that this Code section shall not apply to cadets of military schools, the Boy Scouts of America, or to persons wearing on the stage any such uniform at theatrical or like performances.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-276 - Exemptions from jury duty and street tax

Officers and enlisted personnel of the organized militia shall be exempt from street tax and, while serving on ordered active duty, from jury duty, any local or special laws to the contrary notwithstanding. The commanding officer of each or any force of the organized militia shall furnish each member of his command applying for the same such certificate of membership as may be prescribed by the adjutant general, signed by the commanding officer, which certificate shall be accepted by any court as proof of exemption as provided by this Code section. The certificate shall be good only for 30 days after which it bears date.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-277 - Unauthorized military bodies prohibited; exceptions; support by counties or cities prohibited; penalty for membership

(a)
No body of men other than the organized militia, components of the armed forces of the United States, and bodies of the police and state constabulary and such other organizations as may be formed under this chapter shall associate themselves together as a military unit or parade or demonstrate in public with firearms.
(b)
Associations wholly comprised of military personnel honorably discharged from the service of the United States and benevolent and secret organizations may parade in public with swords. Students in educational institutions where military science is a prescribed part of the course of instruction may drill or parade with firearms in public under the supervision of their instructors. This Code section shall not be construed to prevent parades in public with firearms by authorized organizations of the organized militia of any other state.
(c)
No political subdivision of this state shall raise or appropriate any money toward arming, equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any such unauthorized organizations.
(d)
Any person who actively participates in an unauthorized military organization or who parades with any unauthorized body of men as set forth in subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-278 - Devises, bequests, and conveyances to military units as societies; officers as trustees; effect of disbandment of unit

Every unit of the organized militia is and shall be deemed to be a society within the meaning of Code Section
14-5-49
, and Code Sections
14-5-46
through
14-5-48
shall apply to such society; provided, however, the commissioned officer or officers of the unit shall constitute the trustee or trustees of such society; and provided, further, should any unit have assigned more than three commissioned officers, the senior three shall constitute the trustees of the society. The name or names of the trustee or trustees shall be certified under the hand of the commanding officer of the unit and the certificate shall be recorded in the office of the clerk of the superior court of the county wherein lies any property held in trust by the trustee or trustees. Any vacancy which may happen in the trust shall be filled by the officer appointed to fill the vacancy in the unit. When any such vacancy shall be filled, the same shall be certified under the hand of the commanding officer of the unit, which certificate shall state the name of the officer to fill the vacancy and the name of the officer whom he succeeds unless the officer fills an original vacancy in the unit; and the certificate shall be recorded in the office of the clerk of the superior court of the county wherein lies property held in trust by the trustees. Any such society referred to in this Code section may take and hold by devise or bequest the title to real and personal property for its uses and purposes as a military organization in addition to its right and power to take the same by deed of conveyance and, subject to the uses and purposes contained in the deed of conveyance or devise or bequest, may mortgage, sell, lease, or otherwise dispose of the same. Should any such unit be deactivated, disbanded, moved from the locality where it acquired the title to the property, called or ordered into the active service of the United States, or by orders of competent authority cease to function as a unit of the organized militia, the title to any such property held by the unit shall vest in trust in the adjutant general, or other officer nearest corresponding to the adjutant general should that office not be in existence, to be conveyed by him to the trustees of some other unit of the organized militia nearest like the predecessor unit, as determined by him, in trust for military purposes.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-281 - Exclusion of uniformed military personnel from places of amusement; penalty

It shall be unlawful for the owner or the owner's agent, whatever may be the latter's designation, of any place of amusement or recreation otherwise open to the general public, admission to which is free or otherwise, to refuse admission or exclude any officer or enlisted man of any component of the armed forces of the United States or the organized militia of this state or of any state, territory, or the District of Columbia from the place of amusement or recreation by reason of such officer's or enlisted man's being in uniform. Any owner or agent aforesaid who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-282 - Officers and warrant officers to administer oaths and witness documents

Any commissioned officer or warrant officer of any force of the organized militia and any officer in the active military service of the United States is authorized to administer the oath required for the enlistment of any person, the oath required for the appointment of any person to commissioned or warrant officer grade, and any other oath required by the laws of the United States and by this chapter and by the regulations issued thereunder, in connection with the enlistment or appointment of any person in any of such forces, and to witness military documents and instruments over his official signature.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-283 - Awards; individual; unit

(a)
Every officer and enlisted man who has served this state honorably and faithfully for ten years, continuously or otherwise, and who continues in active service as an officer or enlisted man after that period shall be awarded a bronze medal of suitable design and inscription; and after each additional ten years of honorable and faithful service, continuous or otherwise, there shall be awarded, upon like continuance in service, a suitable bar. These medals and bars shall be furnished by the state through the military division upon application of the person entitled thereto, approved by intermediate commanders, and the expenses of the same shall be paid out of the military fund.
(b)
In addition to the awarding of the medals and bars provided in subsection (a) of this Code section, the adjutant general is authorized to award distinctive service medals to officers and enlisted men and honorably discharged officers and enlisted men of the organized militia for meritorious services performed by the officers and enlisted men under the following provisions:
(1)
The design and inscription on the medals shall be determined by the adjutant general;
(2)
Not more than five medals shall be awarded in one calendar year;
(3)
Two medals shall be awarded at the discretion of the adjutant general for meritorious service performed by any officer or enlisted man;
(4)
Three medals shall be awarded by the adjutant general annually upon the recommendation of a board of five officers. The five officers are to be appointed each year for the purpose of selecting the three members of the organized militia who have performed the most meritorious services during the calendar year;
(5)
The adjutant general shall be authorized to make such rules and regulations as he may deem advisable with reference to convening the board provided for in paragraph (4) of this subsection and the evidence as to meritorious services to be considered by the board; and
(6)
The expense of the medals shall be paid from the military fund.
(c)
On the recommendation of the adjutant general, the Governor may authorize the award of trophies, citations, and other types of awards to members and units of the organized militia for outstanding achievements as he deems advisable to inspire the spirit of competition and to stimulate interest to the end that technical proficiency and a high standard of efficiency in administration and training are attained. The expense of the awards shall be paid from the military fund.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-284 - Applicability of part to residents who are personnel of the National Guard of other states

Any other provision of law to the contrary notwithstanding, the provisions of this part shall apply to residents of this state who are personnel of the Army National Guard or Air National Guard of any other state.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 3 - PERSONNEL (§§ 38-2-210 — 38-2-285) › Part 4 - RIGHTS, PRIVILEGES, AND PROHIBITIONS (§§ 38-2-270 — 38-2-285) › Section 38-2-285 - [Official sponsor of state sponsored life insurance program]

(a)
For purposes of this Code section, 'state sponsored life insurance program' or 'program' means the life insurance program offered exclusively to all members of the Georgia National Guard as authorized by the federal Veterans' Insurance Act of 1974, P.L. 93-289.
(b)
The adjutant general shall be the official sponsor of the state sponsored life insurance program.
(c)
In the role of official sponsor of the state sponsored life insurance program, the adjutant general shall:
(1)
Allow, facilitate, and coordinate all efforts to make the program available to all members of the Georgia National Guard;
(2)
Provide an opportunity for members of the Georgia National Guard to purchase products of the program;
(3)
Allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Officer for purposes of the program;
(4)
Allow representatives of the program to provide information on the program to Georgia National Guard members through briefings during annual training and inactive duty training periods; and
(5)
Allow members of the Georgia National Guard to designate or change beneficiaries under the program.
(d)
The National Guard Association of Georgia shall select the insurer used to provide the state sponsored life insurance program.
Added by 2024 Ga. Laws 488,§ 1, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-300 - Right of way for troops; exceptions; penalty

(a)
The commanding officer of any force of the organized militia which is parading or performing any military duty in any street or highway may require any or all persons in the street or highway to yield the right of way to the militia, provided the carriage of the United States mail, the legitimate functions of the police, and the progress and operations of ambulances, fire departments, and fire engines and apparatus shall not be interfered with thereby. It shall be unlawful for all others to hinder, delay, or obstruct any unit of the organized militia wherever parading or performing any military duty, or to attempt to do so.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-301 - Closing places where firearms and ammunition sold, where disorder likely to occur; penalty for not obeying closing order

(a)
Whenever any force of the organized militia is or has been called out for the performance of any duty under Code Section
38-2-6
, it shall be lawful for the commanding officer of the force, if in his judgment the maintenance of law and order in the area into which the force has been ordered will be promoted thereby, to close places where arms and ammunition are sold and all places where disorder is likely to occur.
(b)
Any person who sells or dispenses arms or ammunition in violation of an order of a commanding officer under the authority of subsection (a) of this Code section or who maintains a place ordered to be closed under such authority shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than five years.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-302 - Control of streets in case of riot, rout, mob, tumult, or unlawful assembly; penalty for remaining on or failing to depart streets

(a)
Whenever any force of the organized militia is or has been called out for the performance of any duty under this chapter, it shall be lawful for the commanding officer of the force, if it is deemed advisable to do so in subduing or preventing any riot, rout, mob, tumult, or unlawful assembly or the outbreak thereof, to prohibit all persons from occupying or passing any street, road, or place in the vicinity of the riot, rout, mob, tumult, or unlawful assembly, or the place where the same is threatening, or where the force may be at the time being; and otherwise to regulate the passage and occupancy of the streets and places.
(b)
Any person after being duly informed of any prohibition or regulation authorized by subsection (a) of this Code section for closing or otherwise controlling streets, roads, or places who attempts to go or to remain on such street, road, or place, or who fails to depart after being warned, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-303 - Dispersion of mob; orders; where order unnecessary; penalty for failure to disperse

(a)
Before using any military force in suppression of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination, it shall be the duty of the officer in command of the force, or some person deputed by him, to command the persons composing the riotous or unlawful assembly or mob to disperse and return peaceably to their abodes and businesses. In no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous, or unlawful assembly, nor shall any command be necessary when the officer or person, in order to give it, would be put in imminent danger of bodily harm or loss of life or where the unlawful assembly or mob is engaged in the commission or perpetration of any felony, in assaulting or attacking any civil officer or person called to aid him in the preservation of the peace, or is otherwise engaged in actual violence to person or property.
(b)
Any person or persons composing or taking part in any riot, rout, mob, tumult, or lawless combination or assembly who, after being duly commanded to disperse as provided in subsection (a) of this Code section, willfully and intentionally fail to do so shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-304 - Duty of citizens to disperse when shot fired or missile thrown; penalty; felony upon failure to disperse after order

(a)
Whenever any shot is fired or missile thrown at, against, or upon any force of the organized militia or against any officer or member thereof assembling or assembled for the purpose of performing any duties under this chapter, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown to disperse immediately and retire therefrom without awaiting any order to do so.
(b)
Any person failing to retire immediately from any assemblage after a shot has been fired or a missile thrown in any manner mentioned in subsection (a) of this Code section shall be guilty of a misdemeanor; and any person so remaining in the assemblage after being duly commanded to disperse as provided in Code Section
38-2-303
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-305 - Authority of commanding officer to order vicinity of jail, building, or other place, off limits to unauthorized personnel; arrest; penalty

(a)
The commanding officer of any force of the organized militia guarding any jail, building, or other place or escorting any prisoner or performing any other act of duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of the jail, building, or other place, or escort of the prisoner within which unauthorized persons shall not come. Any person coming within the limits so prescribed may be placed in arrest by the military authorities.
(b)
Any person coming within the limits prescribed by the commanding officer of any body or force of the organized militia under subsection (a) of this Code section without the permission of the officer, or refusing to depart after being ordered to do so, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-306 - Prohibited conduct in area of military duty performance

(a)
Any person who after due warning trespasses upon any armory, arsenal, camp, range, base, or other facility of the organized militia or other place where any force of the organized militia is performing military duty, or who in any manner interrupts or molests the discharge of military duties by any member or force of the organized militia, or who interrupts or prevents the passage of troops of the organized militia, or who insults, by jeer or otherwise, any member of the organized militia may be placed in arrest by any officer of the force performing the military duty at the place where the offense is committed and delivered to the proper civil authorities.
(b)
The commanding officer of any force of the organized militia performing military duty in or at any armory, arsenal, camp, range, base, or other facility of the organized militia or other place where the force is performing military duty may prohibit persons from hawking, peddling, vending, selling, or auctioning goods, wares, merchandise, food products, or beverages and may prohibit all gambling, or the sale or use of spirituous beverages, or the establishment or maintenance of a disorderly place within the limits of the armory, arsenal, camp, range, base, or other facility of the organized militia or other place where the force is performing military duty or within such limits not exceeding one mile therefrom as he may prescribe.
(c)
Any person who violates any part of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 4 - ACTIVE DUTY POWERS (§§ 38-2-300 — 38-2-307) › Section 38-2-307 - Power of National Guard members to effect an arrest

Members of the National Guard may, at the discretion of the Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section
38-2-6
,
38-2-7
,
45-12-31
, or
45-12-34
or pursuant to any other provision of state or federal law other than Title 10 of the United States Code.
Amended by 2004 Ga. Laws 447, § 3, eff. 4/29/2004.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - [REPEALED] CODE OF MILITARY JUSTICE (§ 38-2-320) › Section 38-2-320 - through 38-2-577 - [Repealed]

Repealed by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1000 - Short title

This article shall be known and may be cited as the "Georgia Code of Military Justice."
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 1 - GENERAL PROVISIONS (§§ 38-2-1000 — 38-2-1006) › Section 38-2-1002 - Applicability; jurisdiction

(a)
This article shall apply to all members of the organized militia at all times and in all places when not serving as provided for by Title 10 of the United States Code.
(b)
(1)
Subject matter jurisdiction under this article shall be established if a nexus exists between an offense set forth in Part 10 of this article, except as provided in Code Section
38-2-1111
or
38-2-1112.1
, and the organized militia. When a member is in a status as provided for by Title 32 of the United States Code or on state active duty, a rebuttable presumption exists that such nexus is established. As used in this paragraph, the term "state active duty" means full-time duty in the organized militia under an order of the Governor or otherwise issued by authority of law and paid by funds of this state, including travel to and from such duty.
(2)
Courts-martial shall have primary jurisdiction of an offense set forth in Part 10 of this article, except as provided in Code Section
38-2-1111
or
38-2-1112.1
.
(3)
A proper civilian court shall have primary jurisdiction of a nonmilitary offense when such act or omission violates both this article and local civilian criminal law, foreign or domestic. In such case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed such charge; provided, however, that jeopardy has not attached.
(4)
Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.