reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 11 - TRAINING FACILITIES (§§ 33-11-1 — 33-11-19) › Section 33-11-17 - Mineral leasing of Camp Shelby site

The Adjutant General is authorized to lease the Camp Shelby training site for oil and gas and other minerals exploration and to expend revenues therefrom in maintaining and developing the facilities.
He shall cause to be published a legal notice of the proposed lease once each week for three (3) consecutive weeks in a newspaper of general circulation published in Forrest, Harrison and Hinds Counties and in not less than one (1) oil and gas periodical having general circulation in this state, with the last publication to be completed not less than ten (10) days from the date sealed bids are to be received. All bids will be accompanied by a five percent (5%) bid bond in the form of a certified or cashier's check or in the form of a bid bond of a surety company qualified to do business in this state. If the Adjutant General deems the highest and best bid acceptable, he will make his recommendations in writing to the state oil and gas board for its consideration. The board is hereby authorized to either approve or disapprove the bid or bids, which action shall become final. Any such lease executed by the Adjutant General for oil, gas and for other minerals shall contain contractual provisions which shall not be for more than seven-eighths (7/8) of such oil, gas and for other minerals, retaining to the state at least one-eighth (1/8) royalty to be paid as prescribed by the state oil and gas board. No lease shall be for a primary term in excess of six (6) years.
Codes, 1942, § 8519-113; Laws, 1966, ch. 539, § 76; Laws, 1971, ch. 326, § 1, eff. 2/25/1971.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 11 - TRAINING FACILITIES (§§ 33-11-1 — 33-11-19) › Section 33-11-19 - Procurement of federal funds

(a)
The Adjutant General, subject to the approval of the Governor, is hereby authorized and empowered to negotiate for, accept and approve projects, proposals, contracts and agreements for the construction, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation, in whole or in part with federal funds, of armories, camps, ranges, bases or any building, structure or facility for the organized militia.
(b)
When federal funds are made available or provided by the United States to the state either directly or by way of reimbursement in whole or in part for any monies expended by the state for the construction, demolition, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation of any armory, camp, range, base, building, structure or facility for the organized militia, the Adjutant General of the state is hereby authorized to receive such funds in behalf of the state.
Codes, 1942, § 8519-116; Laws, 1966, ch. 539, § 79, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-1 - Definitions

In this chapter unless the context otherwise requires:
(a)
"State military forces" means the National Guard of this state, as defined in Section 101(3), (4) and (6) of Title 32, United States Code, and any other militia or military forces organized under the Constitution and laws of this state.
(b)
"Commanding officer" includes commissioned officers and warrant officers, as applicable.
©)
"Officer" means commissioned or warrant officer.
(d)
"Superior commissioned officer" means a commissioned officer superior in rank or command.
(e)
"Officer candidate" means a cadet of the state officer candidate school.
(f)
"Enlisted member" means a person in an enlisted grade.
(g)
"Military" refers to any or all of the state military forces.
(h)
"Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(I)
"Military judge" means an official of a court-martial detailed in accordance with Section
33-13-183
.
(j)
"Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
(k)
"Legal officer" means any commissioned officer of the state military forces designated to perform legal duties for a command.
(l)
"State judge advocate" means the judge advocate of the state military forces, commissioned therein, and responsible for supervising the administration of military justice in the state military forces, and performing such other legal duties as may be required by the Adjutant General.
(m)
"Grade" means a step or degree, in a graduated scale of office or military rank that is established and designated as a grade by law or regulation.
(n)
"Rank" means the order of precedence among members of the state military forces.
(o)
"Military duty (or duty status)" means all duty authorized under the Constitution and laws of the State of Mississippi and all training authorized under Title 32, United States Code.
(p)
"Judge advocate" means any commissioned officer who is certified by the state judge advocate.
(q)
"Military court" means a court-martial, a court of inquiry, a military commission, or a provost court.
®)
"May" is used in a permissive sense.
(s)
"Shall" is used in an imperative sense.
(t)
"He", where used, means, and shall be interpreted to include, both the masculine and feminine gender.
(u)
"Code" means this chapter which may be cited as the Mississippi Code of Military Justice.
Codes, 1942, § 8529-01; Laws, 1966, ch. 538, § 1; Laws, 1981, ch. 362, § 1, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-3 - [Repealed]

Repealed by Laws, 1989, ch. 473, § 12, eff. 7/1/1989.
Codes, 1942, § 8529-02; Laws, 1966, ch. 538, § 2; Laws, 1981, ch. 362, § 2.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-5 - Concurrent jurisdiction with civilian courts

This code shall constitute concurrent jurisdiction with appropriate civilian courts over offenses in punitive Sections
33-13-451
through
33-13-465
and
33-13-467
through
33-13-529
. Any other crimes defined by statute or existing at common law may be prosecuted by proper authorities as authorized by law.
Former §
33-13-5
[Codes, 1942, § 8529-03; Laws, 1966, ch. 538, § 3] recodified as §
33-13-9
by Laws, 1981, ch. 362, § 5. Section
33-13-5
enacted by Laws, 1981, ch. 362, § 3; Laws, 1989, ch. 473, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-7 - Persons subject to code

(1)
This code applies to all members of the state military forces who are not in active federal service of the United States.
(2)
The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the state military forces shall be valid for purposes of jurisdiction under subsection (1) of this section and a change of status from civilian to member of the state military forces shall be effective upon taking the oath of enlistment.
(3)
Notwithstanding any other provision of law, a person serving with the state military forces who:
(a)
Submitted voluntarily to military authority;
(b)
Met the mental competency and minimum age qualifications (10 USCS Sections 504 and 505) at the time of voluntary submission to military authority;
©)
Received military pay or allowances; and
(d)
Performed military duties;
is subject to this code until such person's service has been terminated in accordance with law or regulations.
Former §
33-13-3
[Codes, 1942, § 8529-02; Laws, 1966, ch. 538, § 2] amended and recodified as §
33-13-7
by Laws, 1981, ch. 362, § 4, eff. 7/1/1981. Former 33-13-7 recodified as §
33-13-11
.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-9 - Jurisdiction to try certain personnel

(1)
Each person separated from the state military forces who committed offenses while subject to this code, before such separation, and who later returned to the status of a person subject to this code, is subject to trial by court-martial for all offenses under this code committed before separation, including fraudulent discharge.
(2)
No person who has deserted from state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
Former §
33-13-5
[Codes, 1942, § 8529-03; Laws, 1966, ch. 538, § 3] amended and recodified as §
33-13-9
by Laws, 1981, ch. 362, § 5, eff. 7/1/1981. Former §
33-13-9
recodified as §
33-13-13
.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-11 - Dismissal of commissioned officer

(1)
If any commissioned officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused he shall retain his status in the Mississippi military forces.
(2)
If the Governor fails to convene a general court-martial within three (3) months from the presentation of an application for trial under this code, the Adjutant General of Mississippi, or his designee, acting on behalf of the Governor, shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(3)
If a discharge is substituted for a dismissal under this code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
(4)
If an officer is discharged from the state military forces by administrative action or by board proceedings under law, he has no right to trial under this section.
Former §
33-13-7
[Codes, 1942, § 8529-04; Laws, 1966, ch. 538, § 4] amended and recodified as §
33-13-11
by Laws, 1981, ch. 362, § 6, eff. 7/1/1981. Former §
33-13-11
recodified as §
33-13-15
.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-13 - Territorial applicability of code

(1)
This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state in the same manner and to the same extent as if they were serving inside the state.
(2)
Courts-martial and courts of inquiry may be convened and held in units of the state, with the same jurisdiction and power as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Former §
33-13-9
[Codes, 1942, § 8529-05; Laws, 1966, ch. 538, § 5] amended and recodified as §
33-13-13
by Laws, 1981, ch. 362, § 7, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 1 - GENERAL PROVISIONS (§§ 33-13-1 — 33-13-15) › Section 33-13-15 - Judge advocates and legal officers

(1)
The Adjutant General shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of a federal court and of the Supreme Court of the State of Mississippi for at least five (5) years, and a member of the judge advocate general corps for at least five (5) years.
(2)
The Adjutant General shall appoint judge advocates and legal officers upon recommendation of the state judge advocate. To be eligible for appointment, judge advocates or legal officers must be officers of the state military forces and members of the bar of a federal court and the Supreme Court of the State of Mississippi.
(3)
The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.
(4)
Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocates or legal officers of any command are entitled to communicate directly with the staff judge advocates or legal officers of a superior or subordinate command, or with the state judge advocate.
(5)
No person who has acted as a member, military judge, trial counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
Former §
33-13-11
[Codes, 1942, § 8529-06; Laws, 1966, ch. 538, § 6] amended and recodified as §
33-13-15
by Laws, 1981, ch. 362, § 8, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-17 - Apprehension

(1)
Apprehension is the taking of a person into custody.
(2)
Any commissioned officer, warrant officer, noncommissioned officer or military policeman when in the execution of his guard or police duties, any marshal of a court-martial appointed pursuant to the provisions of this code, any peace officer having authority to apprehend offenders under the laws of the United States or of this state, or any other person charged with law enforcement functions who is designated by the Adjutant General of the State of Mississippi, is authorized to apprehend persons subject to this code upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(3)
Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
Former § 33-13-51 [Codes, 1942, § 8529-07; Laws, 1966, ch. 538, § 7] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-17
by Laws, 1981, ch. 362, § 10, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-19 - Apprehension of deserters

Any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces.
Former § 33-13-53 [Codes, 1942, § 8529-08; Laws, 1966, ch. 538, § 8] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-19
by Laws, 1981, ch. 362, § 11, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-21 - Imposition of restraint

(1)
Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within 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 this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, or noncommissioned officers to order enlisted members of his company or subject to his authority into arrest or confinement.
(3)
A commissioned officer or warrant officer may be ordered 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 into arrest or confinement may not be delegated.
(4)
No person may be ordered into arrest or confinement except for probable cause.
(5)
This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until a proper authority may be notified.
Former § 33-13-55 [Codes, 1942, § 8529-09; Laws, 1966, ch. 538, § 9] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-21
by Laws, 1981, ch. 362, § 12, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-23 - Restraint of persons charged with offenses; confinement in civilian institutions

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement as circumstances may require; but when charged with only an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement unless a threat to himself or others. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil institutions designated by the Adjutant General.
Former § 33-13-57 [Codes, 1942, § 8529-10; Laws, 1966, ch. 538, § 10] and § 33-13-59 [Codes, 1942, § 8529-11; Laws, 1966, ch. 538, § 11] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-23
by Laws, 1981, ch. 362, § 13, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-25 - Reports and receiving of prisoners

(1)
No provost marshal, commander of a guard, master-at-arms, warden, keeper, or officer of a municipal or county jail or any other jail, designated under Section
33-13-23
, 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, master-at-arms, warden, keeper or officer of a municipal or county jail or of any other jail, designated under Section
33-13-23
, to whose charge a prisoner is committed shall, within twenty-four (24) hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner or the Adjutant General the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment, and such report shall be entered on the jail docket.
Former § 33-13-61 [Codes, 1942, § 8529-12; Laws, 1966, ch. 538, § 12] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-25
by Laws, 1981, ch. 362, § 14, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-27 - Punishment prohibited before trial

Subject to Section
33-13-355
, 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 him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Former § 33-13-63 [Codes, 1942, § 8529-13; Laws, 1966, ch. 538, § 13] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-27
by Laws, 1981, ch. 362, § 15, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 3 - APPREHENSION AND RESTRAINT (§§ 33-13-17 — 33-13-29) › Section 33-13-29 - Delivery of offenders to civil authorities

(1)
Under such regulations as may be prescribed under this code, a person subject to this code who is on active duty who is accused of an offense against civil authority shall 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, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial; and the offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
Former § 33-13-65 [Codes, 1942, § 8529-14; Laws, 1966, ch. 538, § 14] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-29
by Laws, 1981, ch. 362, § 16, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 5 - NONJUDICIAL PUNISHMENT (§§ 33-13-31 — 33-13-101) › Section 33-13-51 - through 33-13-65 - [Repealed]

Repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981.
Codes, 1942, §§ 8529-07 to 8929-14; Laws, 1966, ch. 538, §§ 7-14.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 5 - NONJUDICIAL PUNISHMENT (§§ 33-13-31 — 33-13-101) › Section 33-13-101 - [Repealed]

Repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981.
Codes, 1942, § 8529-15; Laws, 1966, ch. 538, § 15.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-151 - Courts-martial classified; composition

The three (3) kinds of courts-martial in each of the state military forces are:
(a)
General court-martial consisting of:
(I)
A military judge and not less than six (6) members; or
(ii)
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 of a military judge and the military judge approves;
(b)
Special court-martial, consisting of:
(I)
Not less than three (3) members; or
(ii)
A military judge and not less than three (3) members; or
(iii)
Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (a)(ii) so requests; and
©)
Summary court-martial, consisting of one (1) commissioned officer in the grade of major or above, who shall be a military judge licensed to practice law in this state, or a judge advocate licensed to practice law in this state.
Codes, 1942, § 8529-16; Laws, 1966, ch. 538, § 16; Laws, 1981, ch. 362, § 19, eff. 7/1/1981.
Amended by Laws, 2017, ch. 354, SB 2620, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-153 - Jurisdiction of courts-martial in general

Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the Governor.
Codes, 1942, § 8529-17; Laws, 1966, ch. 538, § 17, eff. 6/1/1966.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-155 - Jurisdiction of general courts-martial

(1)
Subject to Section
33-13-153
, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may under such limitations as the Governor may prescribe, adjudge any of the following punishments:
(a)
A fine of not more than Two Thousand Dollars ($2,000.00) and/or confinement for not more than six (6) months, and/or forfeiture of all pay and/or allowances;
(b)
A reprimand; or
©)
A bad conduct discharge; or
(d)
Dismissal or a dishonorable discharge; or
(e)
Reduction of enlisted personnel to lowest pay grade; or
(f)
Any combination of these punishments.
(2)
A dismissal, a bad conduct, or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section
33-13-15(2)
was detailed to represent the accused, and a military judge was detailed to the trial.
Codes, 1942, § 8529-18; Laws, 1966, ch. 538, § 18; Laws, 1981, ch. 362, § 20, eff. 7/1/1981.
Amended by Laws, 2020, ch. 345, SB 2611,§ 1, eff. 7/1/2020.
Amended by Laws, 2016, ch. 404, HB 732, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-157 - Jurisdiction of special courts-martial

(1)
Subject to Section
33-13-153
, special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:
(a)
A fine of not more than One Thousand Dollars ($1,000.00), and/or confinement of not more than one hundred (100) days for a single offense, and/or forfeiture of all pay and/or allowances.
(b)
A dishonorable discharge may not be imposed.
(2)
A dismissal of a warrant officer or a bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section
33-13-15(2)
was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
Codes, 1942, § 8529-19; Laws, 1966, ch. 538, § 19; Laws, 1981, ch. 362, § 21, eff. 7/1/1981.
Amended by Laws, 2020, ch. 345, SB 2611,§ 2, eff. 7/1/2020.
Amended by Laws, 2016, ch. 404, HB 732, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-159 - Jurisdiction of summary courts-martial

(1)
Subject to Section
33-13-153
, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
(2)
Any person given notice of trial by a summary courts-martial may request trial before a special or general courts-martial. The decision to grant this request is reserved to the special or general court-martial convening authority, respectively.
(3)
The maximum sentence a summary courts-martial may impose for a single offense is:
(a)
A fine of not more than Two Hundred Fifty Dollars ($250.00), and/or forfeiture of all pay and/or allowances;
(b)
Reduction to the lowest or any intermediate pay grade, but an enlisted member in a pay grade above E-4 may not be reduced more than four (4) pay grades;
©)
Confinement for not more than thirty (30) days;
(d)
Forfeiture of all pay and allowances for any period of confinement;
(e)
If found to have willfully or maliciously caused any injury to any person or property, restitution in an amount of Three Thousand Five Hundred Dollars ($3,500.00) or less; and
(f)
Any punishment authorized in Section
33-13-31
.
(4)
Any person given notice of a trial by a summary courts-martial who fails to appear at trial may be tried, convicted and sentenced in absentia.
Codes, 1942, § 8529-20; Laws, 1966, ch. 538, § 20; Laws, 1981, ch. 362, § 22, eff. 7/1/1981.
Amended by Laws, 2020, ch. 345, SB 2611,§ 3, eff. 7/1/2020.
Amended by Laws, 2019, ch. 408, SB 2680,§ 1, eff. 7/1/2019.
Amended by Laws, 2017, ch. 354, SB 2620, 2, eff. 7/1/2017.
Amended by Laws, 2016, ch. 404, HB 732, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-161 - Jurisdiction of courts-martial not exclusive

The provisions of this article conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts or other military tribunals.
Codes, 1942, § 8529-21; Laws, 1966, ch. 538, § 21; Laws, 1981, ch. 362, § 23, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 7 - COURTS-MARTIAL JURISDICTION (§§ 33-13-151 — 33-13-163) › Section 33-13-163 - [Repealed]

Repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981.
Codes, 1942, § 8529-22; Laws, 1966, ch. 538, § 22.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-175 - Who may convene general courts-martial

In the state military forces not in federal service, general courts-martial may be convened by:
(a)
The Governor of the State of Mississippi; or
(b)
The Adjutant General; or
©)
Any other general officer under such regulations as the Governor may promulgate.
Former § 33-13-201 [Codes, 1942, § 8529-23; Laws, 1966, ch. 538, § 23] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-175
by Laws, 1981, ch. 362, § 25, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-177 - Who may convene special courts-martial

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base or other place where troops are on duty, or of a division, brigade, regiment, wing, group, battalion, separate squadron, or other detached command, may convene special court-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court may be convened by superior competent authority if considered advisable by him.
Former § 33-13-203 [Codes, 1942, § 8529-24; Laws, 1966, ch. 538, § 24] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-177
by Laws, 1981, ch. 362, § 26, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-179 - Who may convene summary courts-martial

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or of a regiment, wing, group, battalion, detached squadron, or detached company or higher command, may convene a summary court-martial.
Former § 33-13-205 [Codes, 1942, § 8529-25; Laws, 1966, ch. 538, § 25] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-179
by Laws, 1981, ch. 362, § 27, eff. 7/1/1981.
Amended by Laws, 2017, ch. 354, SB 2620, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-181 - Who may serve on courts-martial

(1)
Any commissioned officer of the state military forces in a duty status 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 the state military forces in a duty status is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
(3)
(a)
Any enlisted member of the state military forces in a duty status 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 of the state military forces who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Section
33-13-207
[repealed] 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-third (1/3) 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.
(b)
In this subsection, the word "unit" means any regularly organized body of the state military forces comparable to company size.
(4)
(a)
When it can be avoided no person subject to this code may be tried by a court-martial any member of which is junior to him in rank or grade.
(b)
When convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces 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 of the state military forces 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.
Former § 33-13-207 [Codes, 1942, § 8529-26; Laws, 1966, ch. 538, § 26] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-181
by Laws, 1981, ch. 362, § 28, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-183 - Military judge of a court-martial

(1)
The authority convening a general or special court-martial shall, and subject to regulations issued by the Governor, the authority convening a summary court-martial may, detail a military judge. A military judge or a summary court officer shall preside over open sessions of the court-martial to which he has been detailed and shall be the approving authority over all pleas.
(2)
A military judge shall be a commissioned officer of the state military forces who is a member of the Judge Advocate General Corps, a member of the bar of a federal court and a member of the bar of the Supreme Court of the State of Mississippi and who is certified to be qualified for duty as a military judge by the State Judge Advocate of the state military forces. Any military judge qualified pursuant to 10 USCS 826 may be considered a military judge herein upon determination of need by the Adjutant General of the State of Mississippi.
(3)
The military judge of a general court-martial shall be designated by the State Judge Advocate, or his designee, for detail by the convening authority and, unless the court-martial was convened by the Governor or the Adjutant General, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge.
(4)
No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
(5)
The military judge of a court-martial may not consult with the members of the court except in the presence of the trial counsel and defense counsel, nor may he vote with the members of the court in a panel case.
(6)
A military judge detailed to preside over a court-martial hereunder shall not be subject to any report by the convening authority or any member of his staff concerning the effectiveness, fitness or efficiency of that military judge so detailed, which relates to his performance of duty as a military judge.
(7)
All trial counsel, defense counsel, military judges, legal officers, summary court officers and any other person certified by the State Judge Advocate to perform legal functions under this code, shall be used interchangeably, as needed, among all of the state military forces.
Former § 33-13-209 [Codes, 1942, § 8529-27; Laws, 1966, ch. 538, § 27] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-183
by Laws, 1981, ch. 362, § 29; Laws, 1989, ch. 473, § 6, eff. 7/1/1989.
Amended by Laws, 2017, ch. 354, SB 2620, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-185 - Detail of trial counsel and defense counsel

(1)
For each general, special and summary 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 may 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 may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(2)
Trial counsel and defense counsel detailed for any court-martial:
(a)
Must be licensed to practice law in the State of Mississippi; and
(b)
Must be certified as competent to perform such duties by the State Judge Advocate.
Former §
33-13-185
[Codes, 1942, § 8529-28; Laws, 1966, ch. 538, § 28] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-185
by Laws, 1981, ch. 362, § 30; Laws, 1989, ch. 473, § 7, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-187 - Detail or employment of reporters and interpreters

Under such regulations as the Governor may prescribe, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission or tribunal. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court, commission or tribunal.
Former § 33-13-213 [Codes, 1942, § 8529-29; Laws, 1966, ch. 538, § 29] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-187
by Laws, 1981, ch. 362, § 31, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-189 - Absent and additional members

(1)
No member of a general or special court-martial may be absent or excused after the 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 a general court-martial composed of a military judge only, is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. The trial may proceed with the new members present after the recorded evidence previously introduced 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, other than a special court-martial composed of a military judge only, is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, 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
33-13-151
, 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 stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Former § 33-13-215 [Codes, 1942, § 8529-30; Laws, 1966, ch. 538, § 30] repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981, amended and recodified as §
33-13-189
by Laws, 1981, ch. 362, § 32, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 9 - APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL (§§ 33-13-175 — 33-13-201) › Section 33-13-201 - through 33-13-215 - [Repealed]

Repealed by Laws, 1981, ch. 362, § 102, eff. 7/1/1981.
Codes, 1942, §§ 8529-23 to 8529-30; Laws, 1966, ch 538, §§ 23-30.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-251 - Charges and specifications

(1)
Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the state military forces authorized to administer oaths and shall state:
(a)
That the signed has personal knowledge of, or has investigated the matters set forth therein; and
(b)
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.
Codes, 1942, § 8529-31; Laws, 1966, ch. 538, § 31; Laws, 1981, ch. 362, § 33, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 33 - MILITARY AFFAIRS (§§ 33-1-1 — 33-15-553) › Chapter 13 - MISSISSIPPI CODE OF MILITARY JUSTICE (§§ 33-13-1 — 33-13-629) › Article 11 - PRE-TRIAL PROCEDURE (§§ 33-13-251 — 33-13-261) › Section 33-13-253 - Compulsory self-incrimination prohibited

(1)
No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
(2)
No person subject to this code may interrogate, or request any statement from an accused or a person suspected of any 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 and that any statement made by him may be used as evidence against him in a trial by court-martial, and that certified military counsel will be detailed by competent authority, or by civilian counsel if provided by the accused or suspect.
(3)
No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
(4)
No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
Codes, 1942, § 8529-32; Laws, 1966, ch. 538, § 32; Laws, 1981, ch. 362, § 34, eff. 7/1/1981.