reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1101 - Disclosure of Countersign or Giving Different Countersign During Declared State of Emergency; Punishment.

32.1101 Disclosure of countersign or giving different countersign during declared state of emergency; punishment.
Sec. 101.
A person subject to this code who in time of declared state emergency discloses the countersign to a person not entitled to receive the countersign, or who gives to another who is entitled to receive and use the countersign a different countersign from that which, to his or her knowledge, the person was authorized and required to give, shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1102 - Forcing a Safeguard; Punishment.

32.1102 Forcing a safeguard; punishment.
Sec. 102.
A person subject to this code who forces a safeguard shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1103 - Securing Public Property Taken in Performance of Duty; Giving Notice and Turning Over to Proper Authority Captured or Abandoned Property; Prohibited Acts; Punishment.

32.1103 Securing public property taken in performance of duty; giving notice and turning over to proper authority captured or abandoned property; prohibited acts; punishment.
Sec. 103.
(1) A person subject to this code shall secure all public property taken in the performance of his or her duty and shall give notice and turn over to the proper authority without delay all captured or abandoned property in the person's possession, custody, or control.
(2) A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Fails to carry out the duties prescribed in subsection (1).
(b) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, from which the person receives or expects a profit, benefit, or advantage to the person or another directly or indirectly connected with the person.
(c) Engages in looting or pillaging.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1104 - Aiding or Attempting to Aid Enemy; Harboring, Protecting, or Giving Intelligence To, or Communicating, Corresponding, or Holding Intercourse With, Enemy; Punishment.

32.1104 Aiding or attempting to aid enemy; harboring, protecting, or giving intelligence to, or communicating, corresponding, or holding intercourse with, enemy; punishment.
Sec. 104.
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts:
(a) Aids or attempts to aid the enemy with arms, ammunition, supplies, money or any other thing.
(b) Without proper authority, knowingly harbors, protects, or gives intelligence to, or communicates or corresponds with, or holds any intercourse with, the enemy, either directly or indirectly.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1105 - Prohibited Acts Committed While in Hands of Captor During Declared State of Emergency or Civil Disturbance; Punishment.

32.1105 Prohibited acts committed while in hands of captor during declared state of emergency or civil disturbance; punishment.
Sec. 105.
(1) A person subject to this code who, while in the hands of a captor in time of declared state emergency, or civil disturbance emergency shall not do any of the following:
(a) To secure favorable treatment by the person's captors, act without proper authority in a manner contrary to law, custom, rule, or regulation to the detriment of others.
(b) While in a position of authority over those persons, maltreat them without justifiable cause.
(2) A person who violates this section shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1107 - Signing or Making False Document or False Official Statement; Punishment.

32.1107 Signing or making false document or false official statement; punishment.
Sec. 107.
A person subject to this code who, with the intent to deceive, signs a false record, return, rule, order, or other official document, knowing the document to be false, or makes any other false official statement knowing the statement to be false shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1108 - Loss, Damage, Destruction, or Unauthorized Sale or Disposal of Military Property; Punishment.

32.1108 Loss, damage, destruction, or unauthorized sale or disposal of military property; punishment.
Sec. 108.
(1) A person subject to this code shall not, without proper authority, do any of the following:
(a) Sell or otherwise dispose of military property of the United States or this state.
(b) Willfully or negligently damage, destroy, or lose military property of the United States or this state.
(c) Willfully or negligently allow damage, destruction, or loss of military property of the United States or this state.
(2) A person who violates this section shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1109 - Wasting, Spoiling, or Destroying Property; Punishment.

32.1109 Wasting, spoiling, or destroying property; punishment.
Sec. 109.
(1) A person subject to this code, while on duty or in the course of duty, shall not willfully or recklessly waste, spoil, or destroy any property that is not property of the United States or of this state.
(2) A person who violates this section shall be punished as a court-martial directs.
History:
Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1111 - Operation of Military Vehicle or Aircraft While Under Influence of Intoxicating Liquor in Reckless or Wanton Manner or Without Authority; Punishment.

32.1111 Operation of military vehicle or aircraft while under influence of intoxicating liquor in reckless or wanton manner or without authority; punishment.
Sec. 111.
A person subject to this code who operates a military vehicle or aircraft while under the influence of intoxicating liquor or in a reckless or wanton manner or without authority shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1112 - Person Found Under Influence of Intoxicating Liquor or Controlled Substance While in Uniform or on State Military Property; Punishment.

32.1112 Person found under influence of intoxicating liquor or controlled substance while in uniform or on state military property; punishment.
Sec. 112.
(1) A person subject to this code who is not a sentinel or a lookout as described in section 113 shall not be either of the following:
(a) Under the influence of intoxicating liquor or a controlled substance while in uniform and on military property.
(b) Under the influence of intoxicating liquor or a controlled substance while on duty.
(2) A person who violates this section shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1113 - Sentinel or Guard Found Under Influence of Intoxicating Liquor or Controlled Substance or Sleeping Upon Post; Leaving Post Before Being Relieved; Punishment.

32.1113 Sentinel or guard found under influence of intoxicating liquor or controlled substance or sleeping upon post; leaving post before being relieved; punishment.
Sec. 113.
A sentinel or guard subject to this code who is found under the influence of intoxicating liquor or a controlled substance or sleeping upon his or her post or who leaves a post before being relieved shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1114 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.

32.1114 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Compiler's Notes:
The repealed section pertained to person who fights, promotes, or is concerned in or connives at fighting a duel or fails to report challenge to duel.
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1115 - Feigning Illness, Physical Disablement, Mental Lapse, or Derangement, or Intentionally Inflicting Self-Injury to Avoid Work, Duty, or Service; Punishment.

32.1115 Feigning illness, physical disablement, mental lapse, or derangement, or intentionally inflicting self-injury to avoid work, duty, or service; punishment.
Sec. 115.
A person subject to this code who for the purpose of avoiding work, duty, or service feins illness, physical disablement, mental lapse, or derangement, or intentionally inflicts self-injury, shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1116 - Causing or Participating in Riot or Breach of Peace; Punishment.

32.1116 Causing or participating in riot or breach of peace; punishment.
Sec. 116.
A person subject to this code who causes or participates in a riot or breach of the peace shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1117 - Using Provoking or Reproachful Words or Gestures While in Duty Status; Punishment.

32.1117 Using provoking or reproachful words or gestures while in duty status; punishment.
Sec. 117.
A person subject to this code who while in a duty status uses provoking or reproachful words or gestures toward another person subject to this code shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1121 - Depriving Owner of Property or Money; Larceny; Punishment.

32.1121 Depriving owner of property or money; larceny; punishment.
Sec. 121.
(1) A person subject to this code who unlawfully takes, obtains, or withholds from the United States, this state, or any other state, any property, money, or article of any kind with the intent to permanently deprive the owner of the property, money, or article of any kind, is guilty of larceny.
(2) A person who violates this section is punishable as a court-martial directs.
History:
Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1131 - Giving False Testimony in a Proceeding as Perjury; Punishment.

32.1131 Giving false testimony in a proceeding as perjury; punishment.
Sec. 131.
A person subject to this code who in a proceeding under this code wilfully and corruptly gives, upon a lawful oath or in a form allowed by law to be substituted for an oath, a false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1132 - Making False Claims; Prohibited Acts; Punishment.

32.1132 Making false claims; prohibited acts; punishment.
Sec. 132.
(1) A person subject to this code shall not commit any of the following acts:
(a) Knowing the claim to be false or fraudulent, make a claim against the United States, this state, or an officer of the United States or this state.
(b) Knowing the claim to be false or fraudulent, present to a person in the civil or military service of the United States or this state for approval or payment a claim against the United States, this state, or an officer of the United States or this state.
(c) For the purpose of obtaining the approval, allowance, or payment of a claim against the United States, this state, or any officer of the United States or this state, do any 1 of the following:
(i) Make or use a writing or other paper knowing the writing or paper contains a false or fraudulent statement.
(ii) Make an oath to a fact, writing, or other paper knowing the oath to be false.
(iii) Forge or counterfeit a signature upon a writing or other paper or use a signature knowing the signature to be forged or counterfeited.
(d) Having charge, possession, custody, or control of money or other property of the United States or this state, furnished or intended for the armed forces of the United States or this state, knowingly deliver to a person having authority to receive the money or property, an amount less than that for which the person receives a certificate or receipt.
(e) Being authorized to make or deliver a paper certifying the receipt of property of the United States or this state, furnished or intended for the armed forces of the United States or this state, make or deliver to a person the writing without having full knowledge of the truth of the statements contained in the paper and with intent to defraud the United States or this state.
(f) Make a false or fraudulent use of a credit card, telephone, telephone calling card, or other access device issued by the United States or this state.
(2) A person who violates this section shall be punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1133 - Conduct Unbecoming an Officer; Conviction; Punishment.

32.1133 Conduct unbecoming an officer; conviction; punishment.
Sec. 133.
A commissioned officer or warrant officer who is convicted of conduct unbecoming an officer shall be dismissed from the military service of this state or punished as a court-martial directs.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 10 - (32.1077...32.1134) › Section 32.1134 - Cognizance by Court-Martial of a Disorder or Neglect to Prejudice of Good Order and Discipline; Punishment.

32.1134 Cognizance by court-martial of a disorder or neglect to prejudice of good order and discipline; punishment.
Sec. 134.
(1) A person subject to this code shall not through disorder or neglect to the prejudice of good order and discipline or through conduct bring discredit upon the armed forces of the United States or of this state.
(2) A person who violates subsection (1) shall be punished by a general, special, or summary court-martial as determined by the nature and degree of the violation.
History:
1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1135 - Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings; Authentication.

32.1135 Court of inquiry; convening authority; membership; appointment of counsel; rights of person having direct interest in subject of inquiry; challenges for cause; oath or affirmation; witnesses; findings of fact; record of proceedings; authentication.
Sec. 135.
(1) A court of inquiry to investigate any matter may be convened by a person authorized to convene a general court-martial or by any other person designated by the governor for that purpose, whether or not the person involved has requested the inquiry.
(2) A court of inquiry shall consist of 3 or more commissioned officers. For each court of inquiry the convening authority shall appoint counsel for the court.
(3) A person subject to this code or in the status of a civilian employee of the military forces of this state who has a direct interest in the subject of inquiry shall have the right to be designated as a party, shall be given due notice, and shall have the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4) A member of a court of inquiry may be challenged by a party but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) A witness may be summoned to appear and testify and be examined before courts of inquiry as provided for courts-martial.
(7) A court of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings which shall be authenticated by the signatures of the senior officer and counsel of the court of inquiry and forwarded to the convening authority. If the record cannot be authenticated by signatures of the senior officer and counsel, the record shall be signed by a member instead of the senior officer, and if the record cannot be authenticated by the counsel for the court, the record shall be signed by a member instead of the counsel.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1136 - Officers Having Power to Administer Oaths; Affidavits; Signature and Title of Office as Prima Facie Evidence of Officer's Authority.

32.1136 Officers having power to administer oaths; affidavits; signature and title of office as prima facie evidence of officer's authority.
Sec. 136.
(1) The following officers of the state military forces shall have the power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before the officers:
(a) Each judge advocate of the Michigan national guard and state troops.
(b) Each summary court-martial officer.
(c) Each adjutant, assistant adjutant, acting adjutant, and personnel adjutant, including each warrant officer acting in that capacity.
(d) Each staff judge advocate and legal officer and acting or assistant judge advocate and legal officer.
(2) The following officers shall have the power to administer oaths necessary in the performance of their duties and affidavits may be taken for those purposes before the officers:
(a) The president, trial counsel, and assistant trial counsel for all general and special courts-martial.
(b) The president and counsel for a court of inquiry.
(c) Each officer designated to take depositions.
(d) Each officer detailed to conduct investigations.
(3) An officer on the retired list shall not be authorized to administer oaths as provided in this section unless the officer is on actual state duty or on active duty in or with the state military forces under orders of the governor.
(4) The signature without seal of a person described in this section, together with the title of office, shall be prima facie evidence of the officer's authority.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1137 - Sections to Be Explained to Enlisted Person; Availability of Code and Rules.

32.1137 Sections to be explained to enlisted person; availability of code and rules.
Sec. 137.
Sections 3, 4, 7, 8, 9, 10, 11, 15, 28, 30, 31, 37, 38, 55, 58, 77 to 134, 137 to 139, and 145 shall be carefully explained to each enlisted person at the time of enlistment or induction into or when ordered to duty in or with the state military forces or not later than 6 days after enlistment or induction. The sections shall be explained again after the enlisted person has completed 6 months' service and again at the time the enlisted person reenlists. A complete text of this code and rules prescribed by the adjutant general under this code shall be made available to a member of the state military forces, upon request, for personal examination.
History:
1980, Act 523, Eff. Mar. 31, 1981
Admin Rule:
R 32.101 et seq. and R 32.171 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1138 - Complaint to Superior Officer Concerning Commanding Officer; Forwarding Complaint to Officer Exercising General Court-Martial Jurisdiction; Examination; Redress; Transmitting True Statement of Complaint With Proceedings, to Adjutant General.

32.1138 Complaint to superior officer concerning commanding officer; forwarding complaint to officer exercising general court-martial jurisdiction; examination; redress; transmitting true statement of complaint with proceedings, to adjutant general.
Sec. 138.
A member of the state military forces who believes that he or she was wronged by the member's commanding officer, or who, upon due application to the commander, is refused redress, may complain to a superior officer who shall forward the complaint, in writing, to the officer exercising general court-martial jurisdiction over the officer against whom the complaint is made. That officer shall examine the complaint and take proper measures for redressing the wrong complained of, and the officer, as soon as possible, shall transmit to the adjutant general a true statement of the complaint, with the proceedings had on the complaint.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1139 - Complaint to Commanding Officer Concerning Wilful Damage To, or Wrongful Taking Of, Property of Person; Convening Board to Investigate Complaint; Membership and Powers of Board; Assessment, Approval, and Payment of Damages.

32.1139 Complaint to commanding officer concerning wilful damage to, or wrongful taking of, property of person; convening board to investigate complaint; membership and powers of board; assessment, approval, and payment of damages.
Sec. 139.
(1) If a complaint is made to a commanding officer that wilful damage has been done to the property of a person subject to this code or that his or her property has been wrongfully taken by 1 or more members of the state military forces, the commanding officer, subject to the rules as may be prescribed pursuant to this code, may convene a board to investigate the complaint. The board shall consist of from 1 to 3 officers and shall have for the purpose of the investigation power to summon witnesses and examine witnesses upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board shall be subject to the approval of the commanding officer and the amount approved by the commanding officer shall be charged against the pay of the offender. The department of military affairs shall make payment to the injured party of damages assessed and approved.
(2) If the offender cannot be ascertained, but the organization or detachment to which the offender belongs is known, the adjutant general may direct that the amount of damages assessed and approved to be paid to the injured party from the nonappropriated military fund of the unit of the state military forces to which the offender belonged at the time the tort was committed.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1140 - Delegation and Subdelegation of Authority Vested in Governor.

32.1140 Delegation and subdelegation of authority vested in governor.
Sec. 140.
The governor is authorized to delegate the authority vested in the governor under this code and to provide for the subdelegation of that authority.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1141 - Determining Moral Character, Capacity, and General Fitness of Officer or Warrant Officer; Efficiency Board; Unfavorable Findings; Demanding Court of Inquiry; Adverse Finding; Discharge; Procedural and Other Rules; Right to Counsel.

32.1141 Determining moral character, capacity, and general fitness of officer or warrant officer; efficiency board; unfavorable findings; demanding court of inquiry; adverse finding; discharge; procedural and other rules; right to counsel.
Sec. 141.
(1) The moral character, capacity, and general fitness for service of an officer or warrant officer of the state military forces not in the service of the United States may be determined by an efficiency board detailed on orders of the governor of 3 commissioned officers, senior in rank to the officer whose fitness for service is under inquiry. If the findings of the board are unfavorable concerning the officer, and if approved by the governor, the officer shall be discharged. However, the officer ordered to appear before an efficiency board as provided in this section, before the day the efficiency board convenes to consider his or her case, may demand that a court of inquiry, as provided by section 135, be substituted for the efficiency board. If pursuant to the demand a court of inquiry makes a finding adverse to the officer whose moral character, capacity, and general fitness for service are under investigation, and the finding is approved by the governor, the officer against whom the adverse finding is made, shall be discharged.
(2) The procedural and other rules applicable to courts of inquiry equally shall apply to efficiency boards. The officer whose moral character, capacity, and general fitness for service are under investigation shall have a right to counsel in the proceedings provided for in this section.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1142 - Action or Proceeding Not to Be Prosecuted or Maintained Against Convening Authority, Member of Military Court, or Officer or Person Acting Under Convening Authority or Reviewing Proceedings.

32.1142 Action or proceeding not to be prosecuted or maintained against convening authority, member of military court, or officer or person acting under convening authority or reviewing proceedings.
Sec. 142.
An action or proceeding shall not be prosecuted or maintained against the convening authority or member of a military court or officer or person acting under the convening authority or reviewing the proceedings on account of the approval, imposition, or execution of a sentence or the imposition or collection of a fine or penalty, or the execution or service of any process or mandate of a military court.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1143 - Jurisdiction of Military Courts and Board; Presumption; Burden of Proof.

32.1143 Jurisdiction of military courts and board; presumption; burden of proof.
Sec. 143.
The jurisdiction of the military courts and board established by this code shall be presumed and the burden of proof shall rest on a person seeking to remove a court or board of jurisdiction in an action or proceeding.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1144 - Appointing and Removing Person or Persons to Execute or Serve Process, Mandate, or Order.

32.1144 Appointing and removing person or persons to execute or serve process, mandate, or order.
Sec. 144.
Each summary court-martial and the president of any other court-martial and of a court of inquiry may appoint and remove 1 or more persons subject to this code to execute or serve a process, mandate, or order issued under authority of this code by the president or court officer.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1145 - Issuance of Process, Mandates, and Subpoenas Duces Tecum; Form; Enforcement; Person to Whom Directed; Execution or Service and Return; Demanding or Requiring Payment of Fee or Charge Prohibited.

32.1145 Issuance of process, mandates, and subpoenas duces tecum; form; enforcement; person to whom directed; execution or service and return; demanding or requiring payment of fee or charge prohibited.
Sec. 145.
(1) A military court is empowered to issue process and mandates necessary and proper to carry into full effect the powers vested in the court. The court shall have the power to issue subpoenas duces tecum and to enforce by attachment attendance of witnesses and production of books and records.
(2) The process and mandates may be issued by a summary court-martial, military judge, trial counsel, and the president of any other military court and may be directed to and executed or served by a person designated in section 144 or a civil law enforcement officer and shall be in a form as may be prescribed by rules promulgated pursuant to this code.
(3) A civil law enforcement officer or a person appointed pursuant to section 144 to whom a process or mandate may be directed shall execute or serve and return the process or mandate pursuant to the requirements of the process or mandate. Except as otherwise specifically provided in this code, the civil law enforcement officer or a person appointed pursuant to section 144 shall not demand or require payment of a fee or charge of any nature for receiving, executing, serving, or returning the process or mandate or for any services in connection with the process or mandate.
History:
1980, Act 523, Eff. Mar. 31, 1981
Admin Rule:
R 32.171 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1146 - Fine; Payment; Delivery; Deduction From Pay or Allowance Due Delinquent Offender; Payment of Fine or Penalty to State Treasurer.

32.1146 Fine; payment; delivery; deduction from pay or allowance due delinquent offender; payment of fine or penalty to state treasurer.
Sec. 146.
A fine ordered under this act shall be paid to this state and shall be delivered to the military court or paid to the person appointed by the military court pursuant to section 144 or 145 who executes the court's process. If not paid, the amount of the fine shall be noted upon the state roll or account for pay of the delinquent offender and deducted from pay or allowance due until the fine is liquidated. A fine or penalty imposed by a military court upon an officer or enlisted person shall be paid to the state treasurer by the military court collecting the fine or penalty not later than 30 days after the process for recovery of the fine or penalty is issued.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1147 - Rules.

32.1147 Rules.
Sec. 147.
The adjutant general or the state judge advocate general shall provide for the promulgation of rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, to carry out the purposes of this code.
History:
1980, Act 523, Eff. Mar. 31, 1981
Admin Rule:
R 32.101 et seq. and R 32.171 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 32 - Military Establishment › Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148) › Article 11 - (32.1135...32.1148) › Section 32.1148 - Repeal of MCL 32.301 to 32.427.

32.1148 Repeal of MCL 32.301 to 32.427.
Sec. 148.
Act No. 297 of the Public Acts of 1957, being sections 32.301 to 32.427 of the Compiled Laws of 1970, is repealed.
History:
1980, Act 523, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.1 - Naval Militia; Enrollment Classifications.

33.1 Naval militia; enrollment classifications.
Sec. 1.
That whenever in conformity with the laws of this state, an enrollment of all persons subject to military duty shall be ordered and made, it shall be the duty of all officials and persons charged with the making of such enrollment to separately enroll and designate in all such counties or districts as the commander-in-chief shall designate, all persons liable for military duty under the laws of this state who shall be included in any of the following classifications, that is to say:
First, All seafaring men of whatever calling or occupation;
Second, All persons engaged in navigation of the lakes, rivers or other waters of this state;
Third, All persons engaged in the construction or management of ships or crafts (or any part thereof) upon such waters;
Fourth, All ship owners and their employes;
Fifth, All yacht owners;
Sixth, All members of yacht clubs and other organizations formed for the pursuit of aquatic sports and pastimes; and
Seventh, All ex-officers and former enlisted men of the United States navy, which said separate enrollment and designation shall be made and returned in like manner as provided by law for the enrollment and return of the names of persons liable for military duty under the laws of this state: Provided, however, That all persons included within the fourth and sixth classifications above given and not included within any of the others of said classifications may, if they shall so elect, be included in the general enrollment of persons liable for military duty in the land forces of the militia, instead of in a separate enrollment and designation provided for by the terms of this act.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1716 ;-- CL 1915, 1000 ;-- CL 1929, 764 ;-- CL 1948, 33.1
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.2 - Enrollment Provisions Applicable; Compensation.

33.2 Enrollment provisions applicable; compensation.
Sec. 2.
For making and returning such separate enrollment and designation, all officials and other persons charged therewith shall receive the same fees and compensation, to be paid in the same manner, as are prescribed by law for the making and return of the general enrollment of persons liable for military duty; and all other provisions of law relative to the making and returning of such enrollment and the powers and duties of officials and other persons charged therewith shall be equally applicable to the making and returning of the separate enrollment and designation provided for by the terms of this act, and to all officials and other persons charged therewith and to any default or neglect of any official or other person charged therewith, unless expressly provided to the contrary by the terms of this act.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1717 ;-- CL 1915, 1001 ;-- CL 1929, 765 ;-- CL 1948, 33.2
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.9 - Naval Militia; Separate From Land Force.

33.9 Naval militia; separate from land force.
Sec. 9.
Such portion of the militia of Michigan as may be organized as a naval force shall be separate and distinct from that portion organized as a land force.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1724 ;-- Am. 1911, Act 84, Imd. Eff. Apr. 14, 1911 ;-- CL 1915, 1008 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 766 ;-- CL 1948, 33.9
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.10 - Naval Militia; Temporary Attachment to Michigan National Guard.

33.10 Naval militia; temporary attachment to Michigan national guard.
Sec. 10.
For temporary military purposes in cases of actual service, the naval forces of Michigan, or any part or subdivision thereof, may be attached to organizations of the Michigan national guard.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1725 ;-- CL 1915, 1009 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 767 ;-- CL 1948, 33.10
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.11 - Naval Militia; Organization.

33.11 Naval militia; organization.
Sec. 11.
The militia organized as a naval force shall be organized as far as practicable in conformity with plans for naval organizations of militia prescribed from time to time by the navy department.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1726 ;-- Am. 1909, Act 90, Imd. Eff. May 13, 1909 ;-- Am. 1911, Act 84, Imd. Eff. Apr. 14, 1911 ;-- CL 1915, 1010 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 768 ;-- CL 1948, 33.11
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.17, 33.18 - Repealed. 1969, Act 60, Imd. Eff. July 21, 1969.

33.17, 33.18 Repealed. 1969, Act 60, Imd. Eff. July 21, 1969.
Compiler's Notes:
The repealed sections pertained to compensation, forfeitures and charge to counties, reduced by U.S. compensation to naval militia.
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.23 - Commissioned Officers; Appointment, Commission, Discharge, Extension of Commission.

33.23 Commissioned officers; appointment, commission, discharge, extension of commission.
Sec. 23.
Commissioned officers shall be appointed or selected as prescribed from time to time in regulations. Commissioned officers shall be commissioned by the governor. Any person now commissioned under the provisions of this act for a period of 5 years or more is discharged and relieved from his commission upon the effective date of this 1969 amendatory act unless a request is made in writing for an extension of the commission and the request is granted and the extension given.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1738 ;-- CL 1915, 1020 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 771 ;-- CL 1948, 33.23 ;-- Am. 1969, Act 60, Imd. Eff. July 21, 1969
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.27 - Regulations to Have Force of Law.

33.27 Regulations to have force of law.
Sec. 27.
Regulations to carry out the various provisions of this act, or the requirements of any act of congress, or of the navy department of the United States, may be from time to time prescribed, changed, altered, amended, repealed, or revoked, as deemed requisite, desirable, or necessary, and such regulations and changes therein, when approved by the governor and filed in the office of the secretary of state, shall have the force and effect of law.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1742 ;-- CL 1915, 1024 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 772 ;-- CL 1948, 33.27
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.29 - United States Navy Officer; Assignment to Naval Brigade; Rank and Duty.

33.29 United States navy officer; assignment to naval brigade; rank and duty.
Sec. 29.
The commander-in-chief shall have power to assign any officer, warrant or petty officer, or seaman of the United States navy detailed for or assigned to duty with the naval brigade as instructor or otherwise, to such duties as he may deem proper and suitable, and shall have power to confer upon any such officer, warrant or petty officer, or seaman, such rank in the naval service of the state during such detail or assignment as he may deem best.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1744 ;-- CL 1915, 1026 ;-- CL 1929, 773 ;-- CL 1948, 33.29
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.31 - State Naval Forces; Instruction and Drill.

33.31 State naval forces; instruction and drill.
Sec. 31.
The governor may order into service for instruction and drill any portion or all of the naval forces of this state, the same to be performed either within or without the limits of the state of Michigan, and either on shore or afloat, as may be directed, authorized, or advisable.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1746 ;-- Am. 1911, Act 84, Imd. Eff. Apr. 14, 1911 ;-- CL 1915, 1028 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 774 ;-- CL 1948, 33.31
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.32 - Naval Brigade Battalions and Divisions; Incorporation.

33.32 Naval brigade battalions and divisions; incorporation.
Sec. 32.
Battalions and divisions of the naval brigade may become incorporated in like manner as prescribed by law for the incorporation of regiments or companies of the land forces of the state troops, and all provisions of law relating to such incorporation or the consolidation of existing incorporations, or the powers and duties of corporate bodies formed under such laws, shall apply equally to battalions or divisions of the naval brigade.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1747 ;-- CL 1915, 1029 ;-- CL 1929, 775 ;-- CL 1948, 33.32
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.33 - Honorary Commissions; Issuance by Governor.

33.33 Honorary commissions; issuance by governor.
Sec. 33.
The governor may issue honorary commissions at his pleasure to individuals who will promote the best interests of the state, particularly in the areas of water safety, water recreational facilities, boating facilities and improved marine recreational developments and assist in the promotion and expansion of recruiting, training and educational facilities of marine oriented associations.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1748 ;-- CL 1915, 1030 ;-- CL 1929, 776 ;-- CL 1948, 33.33 ;-- Am. 1969, Act 60, Imd. Eff. July 21, 1969
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.34-33.36 - Repealed. 1969, Act 60, Imd. Eff. July 21, 1969.

33.34-33.36 Repealed. 1969, Act 60, Imd. Eff. July 21, 1969.
Compiler's Notes:
The repealed sections related to state naval board contracts, compensation, duties and per capita tax collection and disbursement.
2023 Michigan Compiled Laws › Chapter 33 - Naval Militia › Act 184 of 1893 - Naval Militia (33.1 - 33.38) › Section 33.37 - Laws and Regulations Applicable; Construction.

33.37 Laws and regulations applicable; construction.
Sec. 37.
This act shall be deemed to be supplemental to the existing laws governing and affecting the militia and national guard of the state, and all provisions of law relating to the government, maintenance, equipment and discipline thereof shall apply equally to and govern the naval forces as a portion thereof, unless such provisions of law be inconsistent with the different nature of the service or contrary to the express provisions of this act. In construing such provisions of law, words or language strictly applicable to the land or military forces alone, by reason of their meaning, and having an equivalent in naval parlance, shall be construed and interpreted as meaning and intending such equivalent words or language. Whenever the laws of the state governing or affecting the militia or national guard, the laws of the United States relating to the government or discipline of the army of the United States, or the articles of war, or regulations governing the army, are referred to and made applicable to the national guard, the same shall be construed to mean, when applied to the naval forces, the laws of the United States relating to the government or discipline of the navy of the United States, or the articles of war of the navy, or the rules and regulations governing the navy, as the case may be.
History:
1893, Act 184, Imd. Eff. May 31, 1893 ;-- CL 1897, 1752 ;-- CL 1915, 1034 ;-- Am. 1917, Act 149, Imd. Eff. Apr. 27, 1917 ;-- CL 1929, 780 ;-- CL 1948, 33.37