reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.025 - Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.025. Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer. —
1.
"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.
2. 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 sections 40.005 to 40.490 or through any person authorized by sections 40.005 to 40.490 to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
3. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
4. No person may be ordered apprehended or into arrest or confinement except upon probable cause, and a written record of the facts and circumstances upon which probable cause was made shall be kept.
5. 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.
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(L. 1984 H.B. 1035 § 9, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.030 - Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.030. Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when. —
1. Any person subject to sections 40.005 to 40.490 charged with an offense under sections 40.005 to 40.490 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 sections 40.005 to 40.490 is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
2. The convening authority of any court-martial shall have the power to issue warrants of apprehension directed to the sheriff or police officer within the proper county to apprehend persons subject to sections 40.005 to 40.490 charged with an offense under sections 40.005 to 40.490 and to deliver such persons into the custody of the state military forces.
3. In cases where the unit of which the accused is a member is not in a status of active state duty or engaged in annual field training, such accused, if apprehended or ordered into confinement prior to or during trial by a military court, may be admitted to bail by the officer exercising special court-martial jurisdiction over him or by a superior commanding officer, or the adjutant general.
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(L. 1984 H.B. 1035 § 10)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.035 - Confinement, where.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.035. Confinement, where. —
Persons confined other than in a military institution, whether before, during or after trial by a military court, shall be confined in municipal, county or state confinement facilities designated by the governor or by such person as the governor may authorize to act.
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(L. 1984 H.B. 1035 § 11)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.036 - Jails and prisons required to keep prisoners, when — official's duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.036. Jails and prisons required to keep prisoners, when — official's duties. —
1. 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 section 40.035 may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.
2. 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 section 40.035, to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he 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.
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(L. 1984 H.B. 1035 § 12)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.038 - Confinement requirements — other punishment prohibited — exception.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.038. Confinement requirements — other punishment prohibited — exception. —
Subject to section 40.180, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances require to insure his presence, but the person may be subjected to the same treatment and discipline as persons confined under the authority of this state or its political subdivisions.
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(L. 1984 H.B. 1035 § 13)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.040 - Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.040. Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when. —
1. Under such regulations as may be prescribed under sections 40.005 to 40.490, a person subject to sections 40.005 to 40.490 who is on active state duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
2. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for the offense, shall, upon the request of competent military authority, be returned to military custody for the completion of such sentence of the court-martial.
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(L. 1984 H.B. 1035 § 14, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.050 - Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction. —
1. The three kinds of courts-martial in the state military forces are:
(1) General courts-martial, consisting of:
(a) A military judge and not less than twelve 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 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 twelve members;
(b) A military judge and not less than twelve 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 paragraph (b) of subdivision (1) of this subsection so requests;
(3) Summary courts-martial, consisting of one commissioned officer.
2. The Army National Guard and the Air National Guard each has court-martial jurisdiction over all persons subject to sections 40.005 to 40.490. The exercise of jurisdiction by the Army National Guard over Air Guard personnel, or the Air National Guard over Army Guard personnel shall be in accordance with regulations prescribed by the governor.
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(L. 1984 H.B. 1035 § 16)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.055 - General courts-martial, jurisdiction — punishment.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.055. General courts-martial, jurisdiction — punishment. —
General courts-martial have jurisdiction to try persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than two hundred dollars, or confinement not more than three months, or both;
(2) Forfeiture of pay and allowances for a period not exceeding six months;
(3) A reprimand;
(4) Dismissal, dishonorable or bad conduct discharge;
(5) Reduction of a noncommissioned officer to any lower enlisted grade; or
(6) Any combination of these punishments; and
(7) Costs.
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(L. 1984 H.B. 1035 § 17, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.060. Special courts-martial, jurisdiction — punishment — exceptions. —
Special courts-martial shall have jurisdiction to try persons subject to sections 40.005 to 40.490, except commissioned officers for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than one hundred dollars;
(2) Forfeiture of pay and allowances for a period not exceeding six months;
(3) A reprimand;
(4) Reduction of a noncommissioned officer to any lower enlisted grade;
(5) A bad conduct discharge; or
(6) Any combination of these punishments; and
(7) Costs.
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(L. 1984 H.B. 1035 § 18, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.065 - Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.065. Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. —
1. Summary courts-martial have jurisdiction to try enlisted persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than twenty-five dollars for a single offense;
(2) A forfeiture of pay and allowances for no more than two-thirds of one month's pay; or
(3) Reduction to the next lower grade; and
(4) Costs.
2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial as may be appropriate.
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(L. 1984 H.B. 1035 § 19, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.070 - Discharges or dismissals by courts-martial, requirements — governor's approval required.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.070. Discharges or dismissals by courts-martial, requirements — governor's approval required. —
A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete written record of the proceedings and testimony before the court has been made, nor shall such sentence be executed until approved by the governor.
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(L. 1984 H.B. 1035 § 20)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.075. Sentence to confinement at one dollar a day instead of fine — limitations. —
Subject to the limitations of sections 40.055 to 40.065, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.
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(L. 1984 H.B. 1035 § 21)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.079 - Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.079. Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when. —
The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in sections 40.005 to 40.490. Persons subject to sections 40.005 to 40.490 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 is accused of both a military offense under sections 40.005 to 40.490 and a civil offense by the civil authorities, the person shall be released to the civil authorities if the crime for which he is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by sections 40.005 to 40.490.
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(L. 1984 H.B. 1035 § 22)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.083 - Convening general courts-martial, persons authorized.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.083. Convening general courts-martial, persons authorized. —
1. General courts-martial may be convened by any of the following:
(1) The governor;
(2) The adjutant general;
(3) The commanding officer of a division, a separate brigade, or a separate wing;
(4) Any other commanding officer in any of the state military forces when empowered by the governor.
2. When any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority when deemed desirable by such authority.
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(L. 1984 H.B. 1035 § 23)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.085 - Convening special courts-martial, persons authorized.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.085. Convening special courts-martial, persons authorized. —
In the state military forces any person authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, separate battalion, separate squadron, or other detached command, may convene special courts-martial. When any such officer is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such authority when deemed advisable by him.
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(L. 1984 H.B. 1035 § 24)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.088 - Convening summary courts-martial, persons authorized.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.088. Convening summary courts-martial, persons authorized. —
1. In the state military forces any person authorized to convene a general or special court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, separate battalion, separate squadron, or other detached command, may convene a summary court-martial.
2. When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
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(L. 1984 H.B. 1035 § 25)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.090 - Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.090. Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons. —
1. Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
2. Any warrant officer of or on duty with the state military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such court for trial.
3. (1) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he shall serve as a member of court only if before the conclusion of a session called by the military judge under section 40.130 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-half of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(2) In this section, the word
"unit"
means any regularly organized body of the state military forces not larger than a company, a squadron, or a corresponding body.
4. (1) No person subject to sections 40.005 to 40.490 may be tried by a court-martial any member of which is junior to such person in rank or grade.
(2) When convening a court-martial, the convening authority shall detail as members thereof such members as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
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(L. 1984 H.B. 1035 § 26)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.095. Military judge — appointment — qualifications — duties — restrictions. —
1. The authority convening a general or special court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which the judge had been detailed.
2. 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, shall be a member of the Missouri Bar and shall be certified to be qualified for such duty by the state judge advocate. The state judge advocate 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.
3. 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 investigation officer or a counsel in the same case.
4. Neither the convening authority nor any member of his 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 he is assigned and directly responsible to the state judge advocate 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 him by or with the approval of the state judge advocate. The military judge of a court-martial may not consult with the members of the court on the form of the findings, except in the presence of the accused, trial counsel, and defense counsel, nor may the judge vote with the members of the court.
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(L. 1984 H.B. 1035 § 27)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.098. Trial counsel and defense counsel appointed, when — qualifications — restrictions. —
1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case shall act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution shall act later in the same case for the defense, nor shall any person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a court-martial:
(1) Must be an officer of the military forces, who is a graduate of an accredited law school and a member of the Missouri Bar, or must be a member of the bar of a federal court or of the highest court of a state; and
(2) Must be certified as competent to perform such duties by the state judge advocate.
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(L. 1984 H.B. 1035 § 28)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.100 - Court reporters, appointment, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.100. Court reporters, appointment, when. —
Under such regulations as the governor may prescribe, the convening authority of a general or special 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 interpreters who shall interpret for the court.
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(L. 1984 H.B. 1035 § 29)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.105 - Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.105. Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure. —
1. No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
2. Whenever a general court-martial, other than one composed of a military judge only, is reduced below twelve members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than twelve members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
3. Whenever a special court-martial is reduced below twelve members, the trial shall not proceed unless the convening authority appoints new members sufficient in number to provide not less than twelve members. When such new members have been sworn, the trial shall proceed with the new members present as if no evidence has previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the member of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.
4. 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 section 40.050, 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.
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(L. 1984 H.B. 1035 § 30)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.108 - Charges — contents — oath — accused to be informed.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.108. Charges — contents — oath — accused to be informed. —
1. Charges and specifications shall constitute an information and shall be signed by a person subject to sections 40.005 to 40.490 under oath before a person authorized by sections 40.005 to 40.490 to administer oaths and shall state:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2) That they are true in fact to the best of his knowledge and belief.
2. Upon the preferring of charges, the proper authority 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 as soon as practicable.
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(L. 1984 H.B. 1035 § 31, A.L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.112 - Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.112. Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence. —
1. No person subject to sections 40.005 to 40.490 shall compel any person to incriminate himself or to answer any question, the answer to which may tend to incriminate the person.
2. No person subject to sections 40.005 to 40.490 shall interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, that any statement made by him can and will be used as evidence against him in a trial by court-martial, that he has a right to consult with a lawyer, and that he has a right to have a lawyer present during questioning, as well as other constitutional safeguards provided for an accused person or a person suspected of an offense.
3. No person subject to sections 40.005 to 40.490 shall 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.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement shall be received in evidence against the person in a trial by court-martial.
5. The requirements of this section are binding on all persons administering sections 40.005 to 40.490 but failure to follow them does not divest a military court of jurisdiction.
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(L. 1984 H.B. 1035 § 32)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.114 - Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.114. Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure. —
1. 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.
2. The accused shall be advised of the charges against him and of the right to be represented at that investigation by counsel. Upon the accused's own request he 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 state judge advocate. 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 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.
3. 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 2 of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he 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 own behalf.
4. The requirements of this section are binding on all persons administering sections 40.005 to 40.490 but failure to follow them does not divest a military court of jurisdiction.
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(L. 1984 H.B. 1035 § 33)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.117 - Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.117. Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements. —
When a person is held for trial by general court-martial the commanding officer shall, within eight 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.
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(L. 1984 H.B. 1035 § 34)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.119 - Referring charges for trial requirements to be met in general court-martial.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.119. Referring charges for trial requirements to be met in general court-martial. —
1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under sections 40.005 to 40.490 and is warranted by evidence indicated in the report of the investigation.
2. 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.
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(L. 1984 H.B. 1035 § 35)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.121 - Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.121. Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial. —
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. In time of peace, no person shall, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 40.130 in a general court-martial case within a period of five days after the service of the charges upon him, or in a special court-martial within a period of three days after the service of the charges upon him.
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(L. 1984 H.B. 1035 § 36)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.124 - Procedure in military courts.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.124. Procedure in military courts. —
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 apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of this state, but which shall not be contrary to or inconsistent with sections 40.005 to 40.490.
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(L. 1984 H.B. 1035 § 37)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.126. Attempts to influence or coerce court prohibited — exceptions. —
1. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall 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 his functions in the conduct of the proceeding. No person subject to sections 40.005 to 40.490 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 his 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.
2. 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 sections 40.005 to 40.490 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 defense counsel represented any accused before a court-martial. This subsection is not applicable to evaluations made by the state judge advocate of the performance of personnel under his supervision.
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(L. 1984 H.B. 1035 § 38)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.128 - Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.128. Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties. —
1. The trial counsel of a general or special court-martial shall prosecute in the name of the state of Missouri and shall, under the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under section 40.098. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as the accused's associate counsel; otherwise they shall be excused by the military judge.
3. In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
4. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 40.098, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
5. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 40.098, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
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(L. 1984 H.B. 1035 § 39)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.130 - Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.130. Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members. —
1. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 40.121 call the court into session without the presence of the members for the purpose of:
(1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(2) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3) Holding the arraignment and receiving the pleas of the accused; and
(4) Performing any other procedural function which may be performed by the military judge under sections 40.005 to 40.490 or under rules prescribed pursuant to section 40.124 and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
2. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the court, the military judge.
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(L. 1984 H.B. 1035 § 40)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.133 - Continuances, granted, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.133. Continuances, granted, when. —
A military judge or a summary court may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
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(L. 1984 H.B. 1035 § 41)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.135 - Challenges, general or special court-martial.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.135. Challenges, general or special court-martial. —
1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
2. Each accused and the trial counsel is entitled to two peremptory challenges, but the military judge may not be challenged except for cause.
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(L. 1984 H.B. 1035 § 42)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.138. Oath required for all judges, members, counsel, reporters, interpreters. —
1. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
2. Each witness before a military court shall be examined on oath or affirmation.
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(L. 1984 H.B. 1035 § 43)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.141 - Time limitation to bring action — war time, certain offenses no limitation — computation.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.141. Time limitation to bring action — war time, certain offenses no limitation — computation. —
1. A person charged with sedition, mutiny, or aiding a hostile force, or desertion or absence without leave in time of war may be tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under section 40.398 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under section 40.043 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 40.043.
4. Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of a hostile force, shall be excluded in computing the period of limitation prescribed in this section.
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(L. 1984 H.B. 1035 § 44)