reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 19 - Sale And Purchase Of Certain Firearms › 48-1906 Certification by chief law enforcement officer for transfer of certain firearms.

48-1906. Certification by chief law enforcement officer for transfer of certain firearms.
(a) When the transfer of a firearm requires certification by a chief law enforcement officer in accordance with 27 C.F.R. § 479.85, in effect on January 24, 2003, a person may apply for such certification to a chief law enforcement officer. Within 15 days of receipt of a request for certification, the chief law enforcement officer shall provide such certification and approve the transfer unless a condition as provided in 27 C.F.R. § 479.85 exists which the chief law enforcement officer cannot certify because of specific acts or information directly related to the applicant. A generalized belief by the chief law enforcement officer that certain types of firearms have no lawful purpose or should not be possessed even by those who are not otherwise prohibited by law from possessing or receiving them shall not be sufficient reason to deny certification under this section. If certification of the application is not completed, the chief law enforcement officer, or such officer's designee, shall provide written notification to the applicant that certification of the application cannot be completed and the reason for such denial of certification.
(b) Any applicant whose request for certification is denied pursuant to subsection (a), may appeal such denial to the district court of the county in which the applicant resides. The district court shall review any denial of certification de novo. If the district court finds that the applicant is not prohibited by state or federal law from receiving the firearm and that there is no pending legal or administrative proceeding against the applicant which could result in such prohibition, the district court shall order the chief law enforcement officer to issue the certification. In addition to such other relief as may be ordered, the district court may award the applicant court costs and reasonable attorney's fees.
(c) Any chief law enforcement officer who certifies and approves the transfer of a firearm pursuant to this section shall not be held liable in any civil or criminal action for any act committed by another person with such firearm following such transfer.
(d) For purposes of this section:
(1) "Certification" means the written certificate required under 27 C.F.R. § 479.85, in effect on January 24, 2003, to be completed by a chief law enforcement officer for the approval of an application to transfer a firearm.
(2) "Chief law enforcement officer" means a person holding any of the offices described in 27 C.F.R. § 479.85, in effect on January 24, 2003, as eligible to provide the required certification for the transfer of a firearm.
(3) "Firearm" shall have the same meaning as provided in the federal national firearms act, 26 U.S.C. § 5845, in effect as of the effective date of this act.
History:
L. 2014, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 21 - Code Of Military Justice; General Provisions › 48-2102 Persons subject to this code.

48-2102.
Persons subject to this code.
This code applies to all members of the state military forces who are not in federal service under a call or order of the president of the United States.
History:
L. 1972, ch. 203, § 48-2102; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 21 - Code Of Military Justice; General Provisions › 48-2103 Jurisdiction to try certain personnel.

48-2103.
Jurisdiction to try certain personnel.
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to K.S.A. 48-2708, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. Upon conviction of that charge such person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
(c) The fact that any person charged with an offense under this code is separated from the service while proceedings are pending or while undergoing sentence shall not affect the jurisdiction of any court-martial.
History:
L. 1972, ch. 203, § 48-2103; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 21 - Code Of Military Justice; General Provisions › 48-2104 (KCMJ Art. 4) Dismissal of officer; right to trial by court-martial.

48-2104.
(KCMJ Art. 4) Dismissal of officer; right to trial by court-martial.
(a) The governor may dismiss any officer by a written order, but no such written order shall be made until 60 days after the governor has served on the officer a detailed statement of the reasons for dismissal. No dismissal shall be made except for misconduct as defined in the punitive articles of this code. Any officer dismissed by order of the governor may, within 30 days of notice thereof, make a written application for trial by court-martial, setting forth under oath, that the officer has been wrongfully dismissed. The governor, upon receipt thereof, shall as soon as practicable convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within 60 days from the presentation of an application for trial under this code, the order of dismissal under subsection (a) is automatically rescinded.
(c) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to the same grade and rank as that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All the time between the dismissal and the reappointment shall be considered as actual service for all state purposes.
(d) If an officer is discharged from the state military forces by administrative action or by board proceedings under law or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
History:
L. 1972, ch. 203, § 48-2104; L. 1988, ch. 191, § 2; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 21 - Code Of Military Justice; General Provisions › 48-2105 Territorial applicability of the code.

48-2105.
Territorial applicability of the code.
(a) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces 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.
History:
L. 1972, ch. 203, § 48-2105; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 21 - Code Of Military Justice; General Provisions › 48-2106 Judge advocates; appointment; assistants.

48-2106.
Judge advocates; appointment; assistants.
(a) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as judge advocate general. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years.
(b) The adjutant general may appoint as many assistants to the judge advocate general as he or she considers necessary who shall be designated assistant judge advocates. To be eligible for appointment, assistant judge advocates must be officers of the state military forces and members of the bar of the highest court of the state.
(c) Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice; and the staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, or with the judge advocate general.
(d) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case, may later act as staff judge advocate to any reviewing authority upon the same case.
History:
L. 1972, ch. 203, § 48-2106; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2201 (KCMJ Art. 7) Apprehension.

48-2201.
(KCMJ Art. 7) Apprehension.
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized by regulations governing the state military forces to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any law enforcement officer having authority to apprehend offenders under the laws of the United States or of a state or municipality, 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.
(d) Any person subject to this code who misses a movement to annual training or state active duty or is absent without leave from annual training or state active duty, may be apprehended and delivered to the person's commanding officer pursuant to a warrant issued by a military judge based upon probable cause. Apprehension under this subsection may be made by military police, security police or civilian law enforcement officers.
History:
L. 1972, ch. 203, § 48-2201; L. 1988, ch. 191, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2202 (KCMJ Art. 8) Apprehension of deserters.

48-2202.
(KCMJ Art. 8) Apprehension of deserters.
Any civil officer having authority to apprehend offenders under 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 state military forces and deliver him or her into the custody of the state military forces. If an offender is apprehended outside the state, the offender's return to the area must be in accordance with K.S.A. 22-2701 et seq. and amendments thereto or other reciprocal agreements.
History:
L. 1972, ch. 203, § 48-2202; L. 1988, ch. 191, § 4; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2203 (KCMJ Art. 9) Imposition of restraint.

48-2203.
(KCMJ Art. 9) Imposition of restraint.
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of such officers' command or subject to such officers' authority into arrest or confinement.
(c) A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority such commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by a commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinement except for probable cause.
(e) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
History:
L. 1972, ch. 203, § 48-2203; L. 1988, ch. 191, § 5; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2204 (KCMJ Art. 10) Restraint of persons charged with offenses.

48-2204.
(KCMJ Art. 10) Restraint of persons charged with offenses.
Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person, in accordance with regulations promulgated by the governor.
History:
L. 1972, ch. 203, § 48-2204; L. 1988, ch. 191, § 6; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2205 (KCMJ Art. 10a) Confinement in jail or prison.

48-2205.
(KCMJ Art. 10a) Confinement in jail or prison.
Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil jails, penitentiaries or prisons designated by the governor, or by such person as the governor may authorize to act, or in correctional institutions regularly inspected or operated by the Kansas department of corrections.
History:
L. 1972, ch. 203, § 48-2205; L. 1988, ch. 191, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2206 Reports and receiving of prisoners.

48-2206.
Reports and receiving of prisoners.
(a) No provost marshal, commander of a guard, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under K.S.A. 48-2205, 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 offense charged against the prisoner.
(b) Every commander of a guard, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under K.S.A. 48-2205, 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 the prisoner, and the name of the person who ordered or authorized the commitment.
History:
L. 1972, ch. 203, § 48-2206; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2207 (KCMJ Art. 13) Punishment prohibited before trial.

48-2207.
(KCMJ Art. 13) Punishment prohibited before trial.
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances require to insure his or her presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
History:
L. 1972, ch. 203, § 48-2207; L. 1988, ch. 191, § 8; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 22 - Code Of Military Justice; Apprehension And Restraint › 48-2208 (KCMJ Art. 14) Delivery of offenders to civil authorities.

48-2208.
(KCMJ Art. 14) Delivery of offenders to civil authorities.
(a) Under such regulations as the adjutant general may prescribe, a member of the state military forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the completion of sentence.
History:
L. 1972, ch. 203, § 48-2208; L. 1988, ch. 191, § 9; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2401 (KCMJ Art. 16) Courts-martial classified.

48-2401.
(KCMJ Art. 16) Courts-martial classified.
(a) In the state military forces not in federal service, there are general, special and summary courts-martial constituted like similar courts of the armed forces of the United States. Such state military courts have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts of the armed forces of the United States.
(b) The three kinds of courts-martial are:
(1) General courts-martial consisting of:
(A) A military judge and not less than five members; 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) Not less than three members;
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the court, and the accused, under the same conditions as those prescribed in subsection (b)(1)(B), so requests.
(3) Summary courts-martial, consisting of one commissioned officer.
History: L. 1972, ch. 203, § 48-2401; L. 1988, ch. 191, § 11; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2401a (KCMJ Art. 17) Jurisdiction of courts-martial in general.

48-2401a.
(KCMJ Art. 17) Jurisdiction of courts-martial in general.
The state military force has court-martial jurisdiction over all persons subject to this code.
History:
L. 1988, ch. 191, § 12; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2402 (KCMJ Art. 18) Jurisdiction of general courts-martial.

48-2402.
(KCMJ Art. 18) Jurisdiction of general courts-martial.
General courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than $500 or confinement not more than six months, or both;
(2) forfeiture of pay not to exceed 2/3 of the monthly pay for three months;
(3) a reprimand;
(4) dismissal or dishonorable or bad-conduct discharge;
(5) reduction of enlisted persons to a lower grade; or
(6) any combination of these punishments.
History: L. 1972, ch. 203, § 48-2402; L. 1988, ch. 191, § 13; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2402a (KCMJ Art. 19) Jurisdiction of special courts-martial.

48-2402a.
(KCMJ Art. 19) Jurisdiction of special courts-martial.
Special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code. Special courts-martial may, under such limitations as the governor may prescribe, adjudge any punishment not forbidden by the code, except dishonorable discharge, dismissal, confinement for more than three months or forfeiture of pay for more than three months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and verbatim testimony has been made, counsel pursuant to K.S.A. 48-2505 and amendments thereto was detailed to represent the accused and a military judge was detailed to the trial, except in cases in which a military judge was not detailed, the convening authority shall make a detailed written statement, to be appended to the record, stating the reasons a military judge could not be detailed.
History:
L. 1988, ch. 191, § 14; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2403 (KCMJ Art. 20) Jurisdiction of summary courts-martial.

48-2403.
(KCMJ Art. 20) Jurisdiction of summary courts-martial.
(a) Summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
(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 trial by summary court-martial is made by an accused, trial shall be ordered by general court-martial or special court-martial.
(c) A summary court-martial may sentence to a fine of not more than $50 for a single offense, to forfeiture of pay not to exceed 1/2 of one month's pay for two months and to reduction of enlisted persons to a lower grade.
History:
L. 1972, ch. 203, § 48-2403; L. 1988, ch. 191, § 15; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2404 Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge or dismissal adjudged.

48-2404.
Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge or dismissal adjudged.
A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
History:
L. 1972, ch. 203, § 48-2404; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2405 (KCMJ Art. 20b) Summary court-martial; confinement instead of fine.

48-2405.
(KCMJ Art. 20b) Summary court-martial; confinement instead of fine.
A summary court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.
History:
L. 1972, ch. 203, § 48-2405; L. 1988, ch. 191, § 16; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 24 - Code Of Military Justice; Courts-martial Jurisdiction › 48-2406 Jurisdiction of persons and offenses.

48-2406.
Jurisdiction of persons and offenses.
The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in this act. Persons subject to this act who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are present in that state may, upon accusation, be promptly surrendered to civil authorities for disposition, urgencies of the service considered. If the person subject to this act is accused of both a military offense under this act and a civil offense by the civil authorities, the person shall be released to the civil authorities if the crime for which he or she is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by this act.
History:
L. 1972, ch. 203, § 48-2406; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2501 Who may convene general courts-martial.

48-2501.
Who may convene general courts-martial.
General courts-martial may be convened by the governor, or such other persons not below the rank of brigadier general as the governor may by regulation provide.
History: L. 1972, ch. 203, § 48-2501; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2501a (KCMJ Art. 23) Who may convene special courts-martial.

48-2501a.
(KCMJ Art. 23) Who may convene special courts-martial.
Special courts-martial may be convened by the governor or such other persons not below the rank of brigadier general as the governor may by regulation provide.
History:
L. 1988, ch. 191, § 17; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2502 Summary courts-martial; who may convene.

48-2502.
Summary courts-martial; who may convene.
(a) The adjutant general, 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 unit, organization, element, activity or installation, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
(b) When only one commissioned officer is present with a command or detachment he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior authority when considered desirable by him or her.
History:
L. 1972, ch. 203, § 48-2502; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2504 (KCMJ Art. 26) Military judge of a general or special court-martial.

48-2504.
(KCMJ Art. 26) Military judge of a general or special court-martial.
(a) The authority convening a general court-martial shall detail a military judge thereto. Subject to regulations of the governor, a military judge may be detailed to any special court-martial. The governor shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. A military judge shall preside over each open session of the court-martial to which the judge had been detailed.
(b) A military judge shall be a commissioned officer of the national guard or a retired officer of the reserve components of the armed forces of the United States who is a member of the bar of the supreme court of Kansas and who is certified to be qualified for such duty by the judge advocate general. The judge advocate general may recommend to the adjutant general that the adjutant general order to active duty retired personnel of the United States armed forces who are qualified to act as military judges.
(c) No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(d) Neither the convening authority nor any member of the convening authority's staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military judge which relates to the judge's performance of duty as such. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform such duties only when such officer is assigned and directly responsible to the judge advocate general and may perform duties of a judicial or nonjudicial nature other than those relating to the primary duty as a military judge of a court-martial when such duties are assigned to such officer by or with the approval of the judge advocate general. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may the judge vote with the members of the court.
History:
L. 1972, ch. 203, § 48-2504; L. 1988, ch. 191, § 19; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2505 (KCMJ Art. 27) Detail of trial counsel and defense counsel.

48-2505.
(KCMJ Art. 27) Detail of trial counsel and defense counsel.
(a) (1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The governor shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
(2) No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(b) Trial counsel or defense counsel detailed for a general court-martial:
(1) Must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of the highest court of a state; and
(2) must be certified as competent to perform such duties by the judge advocate general of the state military forces.
(c) In the case of a special court-martial:
(1) The accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under subsection (b) unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held, but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;
(2) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(3) if the trial counsel is a judge advocate or a member of the bar of the highest court of the state, the defense counsel detailed by the convening authority must be one of the foregoing.
History:
L. 1972, ch. 203, § 48-2505; L. 1988, ch. 191, § 20; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2506 Detail or employment of reporters and interpreters.

48-2506.
Detail or employment of reporters and interpreters.
Under such regulations as the governor may prescribe, the convening authority of a general court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
History:
L. 1972, ch. 203, § 48-2506; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 25 - Code Of Military Justice; Appointment And Composition Of Courts-martial › 48-2507 (KCMJ Art. 29) Absent and additional members.

48-2507.
(KCMJ Art. 29) Absent and additional members.
(a) No member of a general or special court-martial may be absent or excused after court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b) Whenever a general court-martial, other than one composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
(c) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, and the accused and counsel for both sides.
(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge or for other good cause, the trial shall proceed, subject to any applicable conditions of K.S.A. 48-2401 and amendments thereto, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.
History:
L. 1972, ch. 203, § 48-2507; L. 1988, ch. 191, § 21; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2601 Charges and specifications.

48-2601.
Charges and specifications.
(a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth herein; and
(2) that they are true in fact to the best of his or her knowledge and belief.
(b) Upon the preferring of charges, the officer having court-martial jurisdiction shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
History:
L. 1972, ch. 203, § 48-2601; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2602 Compulsory self-incrimination prohibited.

48-2602.
Compulsory self-incrimination prohibited.
(a) No person subject to this code shall compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the person.
(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected, that any statement made by him or her may be used as evidence against him or her in a trial by court-martial, that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to request a lawyer and that upon request one will be provided without cost or, if he or she prefers, he or she may retain counsel of his or her choice at his or her own expense.
(c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person in a trial by court-martial.
(e) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
History:
L. 1972, ch. 203, § 48-2602; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2603 Investigation; rights of accused.

48-2603.
Investigation; rights of accused.
(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. Upon the accused's own request he or she shall be represented by civilian counsel if provided by the accused, or military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the judge advocate general. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(d) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
History:
L. 1972, ch. 203, § 48-2603; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2604 Forwarding of charges.

48-2604.
Forwarding of charges.
When a person is held for trial by general court-martial the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to such officer the reasons for delay.
History:
L. 1972, ch. 203, § 48-2604; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2605 (KCMJ Art. 34) Advice of staff judge advocate and reference for trial.

48-2605.
(KCMJ Art. 34) Advice of staff judge advocate and reference for trial.
(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the convening authority's staff judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by the staff judge advocate that:
(1) The specification alleges an offense under this code;
(2) the specification is warranted by the evidence indicated in the report of the investigation under K.S.A. 48-2603 and amendments thereto, if there is such a report; and
(3) a court-martial would have jurisdiction over the accused and the offense.
(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:
(1) Expressing the staff judge advocate's conclusions with respect to each matter set forth in subsection (a); and
(2) recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence shall be made.
History:
L. 1972, ch. 203, § 48-2605; L. 1988, ch. 191, § 22; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 26 - Code Of Military Justice; Pretrial Procedure › 48-2606 Service of charges.

48-2606.
Service of charges.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon him or her.
History:
L. 1972, ch. 203, § 48-2606; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 27 - Code Of Military Justice; Trial Procedure › 48-2701 Governor may prescribe rules.

48-2701.
Governor may prescribe rules.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.
History:
L. 1972, ch. 203, § 48-2701; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 27 - Code Of Military Justice; Trial Procedure › 48-2702 (KCMJ Art. 37) Unlawfully influencing action of court.

48-2702.
(KCMJ Art. 37) Unlawfully influencing action of court.
(a) No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or the court's or person's functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to such authority's judicial acts. The foregoing provisions shall not apply to:
(1) General instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
(2) statements and instructions given in open court by the military judge or counsel.
(b) In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on duty, no person subject to this code may in preparing any such report:
(1) Consider or evaluate the performance of duty of any such member as a member, military judge or trial counsel of a court-martial; or
(2) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member as counsel represented any accused before a court-martial. This subsection is not applicable to evaluations made by the judge advocate general of the performance of personnel under such judge advocate general's supervision.
History:
L. 1972, ch. 203, § 48-2702; L. 1988, ch. 191, § 23; July 1.