reglab/statecodes huggingface dataset:
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 42 - The New York Air National Guard.

§ 42. The  New  York  air  national guard.   The New York air national
  guard is the active  air  force  of  the  organized  militia  and  shall
  comprise  the  air units which are a part of the New York national guard
  at this date and such other air units as  may  be  organized  hereafter,
  including  the  personnel  who  are  enlisted, appointed or commissioned
  therein; provided, that all persons who are members of the New York  air
  national  guard  shall  be federally recognized or qualified for federal
  recognition therein.   The army aviation units  of  the  New  York  army
  national  guard  shall not be considered air units within the meaning of
  this chapter.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 43 - The New York Naval Militia.

§ 43. The  New York naval militia. 1. The naval force of the organized
militia shall be the New York naval militia and shall comprise the units
and personnel forming the naval militia of the state at  this  date  and
such  other  naval  units  as  may  be organized hereafter including the
personnel who are enlisted, appointed or commissioned therein; provided,
that ninety-five percent of the persons who are members of the New  York
naval  militia  shall be members of the United States naval reserve, the
United States marine corps reserve or  the  United  States  coast  guard
reserve.
2. The New York naval militia shall be commanded by:
(a)  an  officer  of  the  United States navy or naval reserve who has
attained a grade of commander or higher;
(b) an officer of the United  States  marine  corps  or  marine  corps
reserve who has attained a grade of lieutenant colonel or higher; or
(c) an officer of the United States coast guard or coast guard reserve
who has attained a grade of commander or higher.
The  commanding  officer  of the New York naval militia shall maintain
liaison with the United States navy, United States marine corps,  United
States coast guard, and their reserve components.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 44 - The New York Guard.

§ 44. The  New York guard.  The New York guard, whenever a state force
  shall be duly organized under the constitution and laws  of  the  United
  States  and of the state, shall be a reserve land force of the organized
  militia, and shall be commanded by a general officer.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 45 - Organization and Training.

§ 45. Organization  and training.  The forces of the organized militia
  shall be  organized,  armed,  disciplined,  governed,  administered  and
  trained  as  prescribed  by  the  laws  of the United States and by this
  chapter and the regulations issued thereunder.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 46 - Assemblies, Annual Training and Other Duty.

§ 46. Assemblies,  annual  training  and  other duty.   1. Members and
  units of the  organized  militia  shall  assemble  for  drill  or  other
  equivalent  training,  instruction  or  duties  and shall participate in
  field training, annual training, full-time training  duty,  active  duty
  for  training,  encampments, maneuvers, schools, conferences, cruises or
  other similar duties as may be prescribed by  the  laws  of  the  United
  States or the state or the regulations issued thereunder; provided, that
  no  assembly  of  any  unit of the organized militia shall be ordered in
  time of peace for any day during which a general election shall be held,
  except in case of riot, disaster, invasion,  insurrection,  or  imminent
  danger thereof.
2.  Within  the amount appropriated therefor, the adjutant general may
  prescribe and order the number of  days,  if  any,  for  assemblies  for
  drills  or  other  equivalent  training,  instruction  or  duties  to be
  performed annually by members of the organized militia  for  which  they
  may receive pay.
3.  Within  the amount appropriated therefor, the adjutant general may
  prescribe and order the number of  days,  if  any,  of  field  training,
  encampments,  maneuvers,  schools, conferences, cruises or other similar
  duties to be performed by members of the  organized  militia  for  which
  they may receive pay and allowances.
4.  Members of the organized militia may be ordered by the governor or
  under his authority  to  perform  special  duty,  including  duty  in  a
  judicial  proceeding  or course of justice conducted pursuant to article
  seven of this chapter or as a member of or in any  other  capacity  with
  any  military  board  or  as  an  investigating  officer or as a medical
  examiner or as a judge advocate in the performance of legal services  in
  any suit, action or proceeding.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 47 - Maintenance of Militia Units.

§ 47. Maintenance  of  militia  units.    Unless  the  same  shall  be
  furnished by the United States, the state shall provide adequate  armory
  accommodations,   bases,   camps,   target  ranges,  mooring  and  other
  facilities and shall maintain the same for units of  the  army  national
  guard,  the  air  national  guard,  the  organized naval reserve and the
  organized marine corps reserve allotted to the state under the  laws  of
  the  United  States,  accepted  by  the governor and organized under the
  authority of this chapter.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 48 - Organization of Militia Units.

§ 48. Organization  of  militia units.  The governor shall conform the
  organization of the New York national  guard  and  the  New  York  naval
  militia,  including  the  composition  of  all  units  thereof,  to  the
  organization of national guard and naval militia units prescribed by the
  laws of the United States and the regulations issued  thereunder.    For
  that purpose, the governor is hereby authorized to organize, reorganize,
  inactivate  or  disband  any  unit,  headquarters  or  staff therein; to
  increase or decrease the number of commissioned  officers,  commissioned
  warrant  officers,  warrant officers and enlisted personnel of any grade
  therein; and to increase or  decrease  the  strength  of  the  New  York
  national  guard  and  the  New  York  naval  militia;  provided, that no
  organization of the New York national guard the members of  which  shall
  be entitled to and shall have received compensation under the applicable
  laws  of the United States shall be disbanded without the consent of the
  president of the United States, nor, without  such  consent,  shall  the
  commissioned  or  enlisted  strength of any organization in the New York
  national guard be reduced below the minimum  that  shall  be  prescribed
  therefor by the president of the United States.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 49 - Inactive National Guard.

§ 49. Inactive  national  guard.    The  inactive national guard shall
  consist of the persons commissioned, appointed or  enlisted  therein  or
  assigned  thereto at this date, such officers and enlisted men as may be
  hereafter transferred thereto from the New York army national guard  and
  the  New  York  air  national  guard and such persons as may be enlisted
  therein under the laws of the United States and the  regulations  issued
  thereunder.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 50 - Credit for Active Federal Service.

§ 50. Credit  for active federal service.  For all purposes under this
  chapter, members  of  the  organized  militia  who  entered  the  active
  military  service  of the  United States in time of war or under a call,
  order or draft by the president or  who  hereafter  enter  such  service
  under  like  conditions  or  who  enter  and serve on active duty in the
  military service of the    United  States  in  time  of  peace  and  who
  thereafter  return  to  the  military  service  of  the  state, shall be
  entitled to credit for time so  served  as  if  such  service  had  been
  rendered to the state.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 51 - Marksmanship and Merit Prizes.

§ 51. Marksmanship  and  merit prizes.   1. To encourage marksmanship,
  the governor is authorized to offer annually:
a. a state decoration to those who shall excel in small arms practice;
b.  a  prize  not  exceeding  three  hundred  dollars  in  value,  for
  competition  among  the units of the New York national guard and the New
  York naval militia armed with the rifle;
c. a prize not exceeding one hundred dollars in value for  competition
  among the units armed with the rifle (1) not forming part of or attached
  to  a  brigade  or  division of the New York army national guard; (2) of
  each brigade and division of the New York army national  guard;  (3)  of
  the New York air national guard and (4) of the New York naval militia.
2.  The  governor may also offer annually three prizes of the value of
  one  hundred  dollars,   seventy-five   dollars   and   fifty   dollars,
  respectively,  to  be  awarded  to  the three companies or corresponding
  units of the organized militia having  the  highest  general  figure  of
  merit  (1) in organizations not forming part of or attached to a brigade
  or division of the New York army national guard; (2) in each brigade  or
  division  of  the  New York army national guard; (3) in the New York air
  national guard; and (4) in the New York naval militia.
3.  The  governor  may  also  in  his  discretion   provide   suitable
  decorations and prizes for proficiency in practice with other small arms
  and with light and heavy weapons.
4.  All  such  prizes  and  decorations  shall  be  competed for under
  regulations issued pursuant to this chapter.
2023 New York Laws › MIL - Military › Article 2 - The Organized Militia › 52 - Responsibility for Public Property.

§ 52. Responsibility  for  public property.  1. Public property of the
  state  and  of  the  United  States  shall  be  issued,  kept,   stored,
  safeguarded,  maintained,  inventoried, inspected, surveyed and disposed
  of; and responsibility and accountability for public property, liability
  for the loss,  damage  or  destruction  thereof  and  relief  from  such
  responsibility,   accountability   and  liability  shall  be  fixed  and
  determined by the chief of staff; as provided in applicable laws of  the
  United  States,  regulations  issued  thereunder  or  regulations issued
  pursuant to this chapter.
2. When public property is lost,  damaged  or  destroyed  through  the
  negligence  or  fault  of  a member of the organized militia, the amount
  determined as the value of such property or the cost  of  repairing  the
  same may be collected from any pay or allowance due or to become due him
  from the state. Such amount may also be collected from the military fund
  or  other  allowances  payable by the state to the unit of the organized
  militia to which such member belonged at  the  time  such  property  was
  lost,  damaged  or destroyed, or such amount may be deducted one-half in
  successive calendar years from any fund, allowance or money  due  or  to
  become due such unit from the state.
3. An action may be maintained by the people of the state in any court
  having  jurisdiction thereof by the attorney-general upon the request of
  the chief of staff to recover from a member  or  former  member  of  the
  organized militia found responsible for public property lost, damaged or
  destroyed  through  his negligence or fault the amount determined as the
  value of such property or the cost of  repairing  the  same.  Monies  so
  recovered shall be paid into the military fund of the unit to which such
  member  or  former  member  belonged at the time such property was lost,
  damaged or destroyed.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 70 - Appointment of Commissioned Officers.

§ 70. Appointment  of  commissioned  officers.    1.  All commissioned
  officers of the organized militia shall be appointed and promoted by the
  governor upon recommendation of the commanding general or the commanding
  officer of the force in which such officers are to serve.
2. General officers above the  grade  of  brigadier-general  and  flag
  officers above the grade of commodore shall be appointed and promoted by
  the  governor  with  the consent of the senate. During the time that the
  senate is not in session the governor may make such appointment  subject
  to subsequent confirmation by the senate.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 71 - Qualifications.

§ 71. Qualifications.    No person shall be appointed or promoted as a
  commissioned officer of the  organized  militia  unless  he  shall  have
  passed  such  examination  as  to  his  physical, moral and professional
  qualifications as may be prescribed by the laws of the United States and
  by this chapter and the regulations issued thereunder.  No person  shall
  be  recognized as a commissioned officer of the organized militia and no
  appointment as such shall become effective until he shall have taken and
  subscribed an oath of office.
Any person who has been dismissed or dishonorably discharged from  the
  organized militia of this or any other state or from the armed forces of
  the  United States and has not been restored to duty or any commissioned
  officer who was discharged from the organized militia as a result of the
  findings of an efficiency examining board or whose resignation from  the
  organized  militia  was  accepted  by  the  governor at a time when such
  officer was under arrest or under  charges  for  the  commission  of  an
  offense  punishable  by  a  court-martial  shall  not  be  eligible  for
  appointment as a commissioned officer in  any  force  of  the  organized
  militia.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 72 - Assignment and Transfer of Officers.

§ 72. Assignment  and transfer of officers.  Commissioned officers may
  be assigned, reassigned, transferred or detailed to and  from  units  of
  the  organized  militia,  as prescribed by applicable laws of the United
  States and by this chapter and by the regulations issued thereunder.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 73 - Oath of Office.

§ 73. Oath  of  office.    Every  commissioned  officer shall take and
  subscribe the oath of office prescribed for officers  of  the  organized
  militia  by  the  applicable  laws  of the United States and regulations
  issued pursuant to this chapter. Such oath shall be taken and subscribed
  before a commissioned or warrant officer of the organized militia or  of
  any  branch of the armed forces of the United States, or before a notary
  public or other officer authorized by the laws of this state to take and
  certify the acknowledgment and proof of conveyances of real property  to
  entitle them to be recorded.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 75 - Efficiency or Fitness Examining Boards and Medical Examining Boards.

§ 75. Efficiency  or  fitness  examining  boards and medical examining
  boards.  1. The efficiency, moral character, conduct and general fitness
  for retention in the organized militia of any commissioned  officer  may
  be  investigated,  examined  into  and  determined  by  an efficiency or
  fitness examining  board.  The  members  of  an  efficiency  or  fitness
  examining   board   shall  be  senior  in  rank  to  the  officer  under
  investigation unless unavoidable.
2. The physical  fitness  for  further  service  of  any  commissioned
  officer in the organized militia may be investigated and determined by a
  medical examining board of officers.
3. Efficiency or fitness examining boards and medical examining boards
  shall  be  appointed  by  the  governor  upon  the recommendation of the
  adjutant general; provided, that whenever an examining  board  shall  be
  appointed  for the purpose of determining the fitness of any officer for
  continued federal recognition, such board  shall  be  appointed  by  the
  commander  designated,  and  shall  follow  the  practice  and procedure
  prescribed  in  the  applicable  laws  of  the  United  States  and  the
  regulations issued thereunder.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 76 - Efficiency or Fitness Examining Boards and Medical Examining Boards; Procedure.

§ 76. Efficiency  or  fitness  examining  boards and medical examining
  boards; procedure.  Efficiency or fitness examining boards  and  medical
  examining  boards  appointed  by the governor are hereby vested with the
  powers and immunities of courts of inquiry  and  courts-martial.    Such
  boards shall follow the practice and procedure prescribed by regulations
  issued  pursuant  to this chapter.  Any officer ordered to appear before
  such a board shall be allowed to appear in  person  or  by  counsel,  if
  provided  by  him  at his own expense, to cross-examine witnesses and to
  call witnesses on his behalf.  He shall at all stages of the  proceeding
  be allowed full access to records pertinent to his case and be furnished
  with  copies of the same.  Failure to appear before any such board shall
  be sufficient ground for a  finding  by  such  board  that  the  officer
  ordered to appear be discharged.  If the findings of any board appointed
  by  the  governor or under applicable laws and regulations of the United
  States are unfavorable to an officer and are  approved  as  provided  by
  applicable  laws  and  regulations  of  the  state or United States, the
  governor shall relieve the officer from duty and may  discharge  him  in
  such  manner  and  form as the governor may deem appropriate; or, in the
  discretion of the governor, such officer may be transferred to the state
  reserve list or the state retired list in accordance with the provisions
  of this chapter.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 77 - Resignations.

§ 77. Resignations.    1.  A  commissioned  officer  of  the organized
  militia may tender his resignation at any time to the governor.  If  the
  governor  shall  accept  the  resignation,  the officer shall receive an
  honorable discharge but if the officer tendering his  resignation  shall
  be  under  arrest  or if charges have been preferred against him for the
  commission of an offense punishable by a court-martial, he may be  given
  a discharge in such form as the governor may direct.
2.  Enlistment  in  the regular army, air force, navy, marine corps or
  coast guard of the United States shall be deemed a  resignation  by  the
  person so enlisting of all commissions in the militia held by him.
3.  The  acceptance  of a commission in the organized militia shall be
  deemed a resignation by the person  accepting  the  same  of  any  other
  commission held by him in the militia.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 78 - Absence Without Leave; Discharge.

§ 78. Absence  without  leave; discharge.   The governor may discharge
  any commissioned officer who absents himself  without  leave  for  three
  months.   Such officer shall receive a discharge in writing in such form
  and of such type or classification as may be  prescribed  by  applicable
  laws  and  regulations  of  the  United States and by regulations issued
  pursuant to this chapter.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 79 - Warrant Officers.

§ 79. Warrant  officers.    The provisions of this article relating to
  commissioned officers shall apply to warrant officers  and  commissioned
  warrant  officers,  except  that  warrant  officers  who shall have been
  absent without leave may be discharged  as  may  be  prescribed  by  the
  applicable  laws  of  the  United  States  and  by  this chapter and the
  regulations issued thereunder.
2023 New York Laws › MIL - Military › Article 3 - Officers of the Organized Militia › 80 - Tenure of Commissioned Officers.

§ 80. Tenure  of commissioned officers.  No commissioned officer shall
  be involuntarily discharged or dismissed from the service, unless by the
  senate on the recommendation of the governor, stating  the  grounds  for
  such  recommendation; or by the sentence of a court-martial; or upon the
  findings  of  an  examining  board   appointed   pursuant   to   section
  seventy-five  of  this chapter; or, as provided by section seventy-eight
  of this chapter, for absence without leave for a period of three months;
  provided, however, that a commissioned officer may be transferred to the
  state reserve list or state retired list as provided by  section  twenty
  and section twenty-one of this chapter, respectively.
2023 New York Laws › MIL - Military › Article 4 - Enlisted Personnel of the Organized Militia › 90 - Enlistment, Period of Service, Transfer, Discharge, and Extension of Enlistment.

§ 90. Enlistment,   period   of   service,  transfer,  discharge,  and
  extension of enlistment.   1.  The  qualifications  for  enlistment  and
  re-enlistment,  the  periods  of enlistment, re-enlistment and voluntary
  extension of enlistment, the period of service, the form of oath  to  be
  taken,  and  the  manner  and form of transfer and discharge of enlisted
  personnel of  the  forces  of  the  organized  militia  shall  be  those
  prescribed  by  applicable laws of the United States and by this chapter
  and by regulations issued thereunder.
2. a.  The  governor  is  authorized  to  extend  the  period  of  any
  enlistment,  re-enlistment,  voluntary  extension of enlistment, and the
  period of service of enlisted personnel of the organized militia  for  a
  period  not  to  exceed six months after the termination of an emergency
  declared by him, the legislature or congress.
b.  Whenever  the  period  of  enlistment,  re-enlistment,   voluntary
  extension  of enlistment and the period of service of enlisted personnel
  of the reserve components of the armed forces of the United  States  are
  extended,  the  governor  shall  extend  the  period  of any enlistment,
  re-enlistment, voluntary extension  of  enlistment  and  the  period  of
  service  of  enlisted  personnel  in  the  corresponding  force  of  the
  organized militia for the same period.
2023 New York Laws › MIL - Military › Article 4 - Enlisted Personnel of the Organized Militia › 91 - Contract and Oath of Enlistment.

§ 91. Contract  and  oath of enlistment.   Every person who enlists or
  re-enlists  in  any  force  of  the  organized  militia  shall  sign  an
  enlistment   contract   and  shall  take  and  subscribe  such  oath  or
  affirmation of enlistment as may be prescribed by applicable laws of the
  United States and by regulations issued pursuant to this chapter.   Such
  oath  shall  be  taken  and subscribed before any officers authorized by
  section seventy-three of this chapter to administer the oath  of  office
  to  a  commissioned  officer.    A  person making a false oath as to any
  statement contained in such enlistment contract shall upon conviction be
  deemed guilty of perjury.
2023 New York Laws › MIL - Military › Article 4 - Enlisted Personnel of the Organized Militia › 93 - Discharges.

§ 93. Discharges.    1.  An enlisted person may be discharged from any
  force of the organized militia prior to the expiration of  his  term  of
  enlistment under such conditions as may be prescribed by applicable laws
  and  regulations  of  the  United  States  and  by  this  chapter and by
  regulations issued pursuant to this chapter.
2. An enlisted person discharged from a force of the organized militia
  shall receive a discharge in writing in such form and of  such  type  or
  classification  as  may be prescribed by applicable laws and regulations
  of the United States and by regulations issued pursuant to this chapter.
2023 New York Laws › MIL - Military › Article 4 - Enlisted Personnel of the Organized Militia › 94 - Dropping From the Rolls.

§ 94. Dropping  from  the  rolls.    When  an  enlisted  person of the
  organized militia absents himself without leave and there is  reason  to
  believe  that  he  does not intend to return, he may be dropped from the
  rolls, under such regulations as may  be  prescribed  pursuant  to  this
  chapter.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.1 - Definitions.

§ 130.1. Definitions.    The following terms when used in this article
shall be construed in the sense indicated in this  section,  unless  the
context shows that a different sense is intended, namely:
(1)  "Organized  militia" means the organized militia, the composition
of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer  including  a  commissioned
warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4)  "Enlisted  person" means any person who is serving in an enlisted
grade in any force of the organized militia;
(5) "Active state duty" means full time military duty  in  the  active
service  of  the state under an order of the governor issued pursuant to
sections six or seven of this chapter and while going to  and  returning
from such duty;
(6)  "Duty  status  other than active state duty" means any one of the
types of duty described in section forty-six of this chapter  and  while
going to and returning from such duty;
(7)  "Military  court"  means  a  court-martial, a court of inquiry, a
provost court;
(8) "Military judge" means an  official  of  a  general  court-martial
detailed in accordance with section 130.26 of this article;
(9)  "Judge  advocate"  means  an  officer of a force of the organized
militia who is a member of the judge advocate general's corps or who  is
designated as a judge advocate;
(10)  "Legal  officer"  means an officer of the New York naval militia
designated to perform legal duties for a command;
(11) "Code" means article seven of this chapter;
(12) "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.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.2 - Persons Subject to the Code.

§ 130.2. Persons  subject  to  the  code.    The following persons are
  subject to the code:
All persons belonging to the organized militia;  all  persons  on  the
  state  reserve  list  and  the state retired list; and all other persons
  lawfully called, ordered, drafted,  transferred  or  inducted  into,  or
  ordered  to  duty  in or with the organized militia, from the dates they
  are required by the terms of the call, order or other directive to  obey
  the same.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.3 - Jurisdiction to Try Certain Personnel.

§ 130.3. Jurisdiction  to  try certain personnel.   (a) Subject to the
provisions of section 130.43, any person subject to  this  code  who  is
charged with having committed an offense against this code while serving
during  a prior enlistment in a force of the organized militia shall not
be relieved from amenability to trial by court-martial by reason of  the
termination  of said prior enlistment, if such person re-enlisted in any
force of the organized militia not more than one day after the  date  of
termination of the prior enlistment.
(b)  All  persons  discharged  from the organized militia subsequently
charged with having fraudulently obtained said discharge shall,  subject
to   the   provisions   of  section  130.43,  be  subject  to  trial  by
court-martial on said charge and after apprehension, shall be subject to
this code. Upon conviction of said charge they shall be subject to trial
by court-martial for all offenses under this code committed prior to the
fraudulent discharge.
(c) Any person who has deserted from the organized militia  shall  not
be  relieved from amenability to the jurisdiction of this code by virtue
of a separation from any subsequent period of service.
(d) In the case of persons charged with absence  without  leave  under
section  130.82  of  this  article,  in personam jurisdiction of special
courts-martial with powers to adjudge a  bad-conduct  discharge  can  be
obtained  over such persons by any method of personal service sufficient
for personal jurisdiction under the provisions of section three  hundred
eight  of  the  civil  practice  law  and  rules; provided that diligent
efforts have been made to deliver the charges to such  persons.  In  all
cases  where  personal jurisdiction is obtained by service in accordance
with the provisions of this section, the  special  courts-martial  shall
not have the power to adjudge confinement.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.4 - Discharge of Commissioned Officers.

§ 130.4. Discharge  of  commissioned officers.   (a) When any officer,
discharged by order of the governor for  absence  without  leave  for  a
period of three months or more pursuant to section seventy-eight of this
chapter, makes a written application for trial by court-martial, setting
forth  under  oath  that he has been wrongfully discharged, the adjutant
general, as soon as practicable, shall convene a  general  court-martial
to  try  such  officer  on  the  charges  on  which he was discharged. A
court-martial so convened shall have jurisdiction to try the  discharged
officer  on  such charges, and he shall be held to have waived the right
to plead any statute of limitations applicable to the offense with which
he is charged. The court-martial may, as part of its  sentence,  adjudge
the  affirmance  of  the discharge, but if the court-martial acquits the
accused or if the sentence adjudged, as finally  approved  or  affirmed,
does  not  include  discharge, the adjutant general shall substitute for
the discharge ordered by the governor a form of discharge authorized for
administrative issuance.
(b) If the adjutant general fails to convene a  general  court-martial
within  six  months  from  the  presentation of an application for trial
under this article,  the  adjutant  general  shall  substitute  for  the
discharge  ordered  by  the  governor a form of discharge authorized for
administrative issuance.
(c) Where an administrative discharge is substituted for  a  dismissal
or discharge under the authority of this article, the governor alone may
reappoint the officer to such commissioned rank and precedence as in the
opinion  of  the governor such former officer would have attained had he
not been dismissed or discharged. The reappointment  of  such  a  former
officer  may  be  made  provided  a  position vacancy is available under
applicable tables of organization. All time  between  the  dismissal  or
discharge  and such reappointment shall be considered as service for all
purposes.
(d) When an officer  is  discharged  from  the  organized  militia  by
administrative  action  or  by  board  proceedings  pursuant to sections
seventy-five and seventy-six of this chapter  or  is  dropped  from  the
rolls  by  the  senate on the recommendation of the governor pursuant to
section eighty of this chapter, there shall not  be  a  right  to  trial
under this section.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.5 - Territorial Applicability of the Code.

§ 130.5. Territorial  applicability  of the code.  (a) This code shall
be applicable in all places within the state.   It shall also  apply  to
all  persons  subject  to  this code while serving without the state and
while going to and returning from such service without the state in like
manner and to the same extent as while such persons are  serving  within
the state.
(b)  Courts-martial  and courts of inquiry may be convened and held in
units of the organized militia while serving without the state with  the
same  jurisdiction  and  powers as if held within the state and offenses
committed without the state may be tried and punished either without the
state or within the state.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 1 - General Provisions › 130.6 - Judge Advocates and Legal Officers.

§ 130.6. Judge  advocates  and  legal  officers.   (a) The state judge
advocate or his assistants shall make frequent inspections in the  field
in  supervision  of  the  administration  of  military  justice  in  the
organized militia.
(b) 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  advocate  or
legal  officer of any command is authorized to communicate directly with
the staff judge advocate or legal officer of a superior  or  subordinate
command, or with the state judge advocate.
(c)  No person who has acted as member, military judge, trial counsel,
assistant trial counsel, defense counsel, assistant defense  counsel  or
investigating  officer  in  any  case  shall subsequently act as a staff
judge advocate or legal officer to any reviewing authority upon the same
case.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.7 - Apprehension.

§ 130.7. Apprehension.   (a)   Apprehension is the taking into custody
of a person.
(b) Any person authorized under regulations issued  pursuant  to  this
chapter  to  apprehend  persons  subject  to this code, any marshal of a
court-martial appointed pursuant to the provisions of this  chapter  and
any  peace  officer,  acting  pursuant  to his special duties, or police
officer    may apprehend persons subject to this  code  upon  reasonable
belief   that  an  offense  has  been  committed  and  that  the  person
apprehended committed it.
(c)   All   officers,   warrant   officers,   petty   officers,    and
non-commissioned  officers  shall  have authority to quell all quarrels,
frays, and disorders among persons subject to this code and to apprehend
persons subject to this code who take part in the same.
(d) Except as otherwise specifically  provided  in  this  chapter,  no
peace officer, police officer or marshal of a court-martial shall demand
or  require  payment of any fee or charge of any nature for apprehending
or placing in confinement any person subject to this code.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.8 - Apprehension of Deserters.

§ 130.8. Apprehension  of deserters.  It shall be lawful for any civil
  officer having authority to apprehend offenders under the  laws  of  the
  United  States or of any state, district, territory or possession of the
  United States summarily to  apprehend  a  deserter  from  the  organized
  militia and deliver him into the custody of the organized militia.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.9 - Imposition of Restraint.

§ 130.9. Imposition  of  restraint.   (a) Arrest is the restraint of a
person by an order not imposed as a punishment for an offense, directing
him to remain within certain  specified  limits.    Confinement  is  the
physical restraint of a person.
(b)  An  enlisted  person may be ordered apprehended or into arrest or
confinement by any 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,   petty   officers,   or
noncommissioned officers to order enlisted persons  of  his  command  or
subject to his authority into arrest or confinement.
(c)  An  officer  or  a  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
officer.  The authority to order such persons into arrest or confinement
may not be delegated.
(d)  No  person shall be ordered into arrest or confinement except for
probable cause.
(e) Nothing in this section shall be construed to limit the  authority
of persons authorized to apprehend offenders to secure the custody of an
alleged offender until proper authority may be notified.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.10 - Restraint of Persons Charged With Offenses.

§ 130.10. Restraint  of  persons  charged  with offenses.   Any person
  subject to this code charged with an offense under this  code  shall  be
  ordered  apprehended or into arrest or confinement, as circumstances may
  require.  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.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.11 - Confinement and Imprisonment in Civil Jails.

§ 130.11. Confinement  and  imprisonment  in civil jails.  Confinement
  and imprisonment other than in guard house, whether prior to, during  or
  after   trial   by  a  military  court,  shall  be  executed  in  jails,
  penitentiaries or prisons designated by the governor or by the  adjutant
  general for that purpose.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.12 - Reports and Receiving of Prisoners.

§ 130.12. Reports and receiving of prisoners.  (a) No provost marshal,
commander  of  a  guard,  master at arms, warden, keeper or officer of a
city or county jail or any other jail, penitentiary or prison designated
by the governor or by the adjutant general under section 130.11 of  this
article,  shall  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.
(b)  Every  commander  of  a  guard, master at arms, warden, keeper or
officer of a city or county jail or of any other jail,  penitentiary  or
prison  designated  by  the  governor  or  by the adjutant general under
section 130.11 of this article, to whose charge a prisoner is  committed
shall,  within  twenty-four hours after such commitment or as soon as he
is relieved from guard, report to the commanding officer of the prisoner
the name of such prisoner, the offense charged against him, and the name
of the person who ordered or authorized the commitment.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.13 - Punishment Prohibited Before Trial.

§ 130.13. Punishment   prohibited   before  trial.    Subject  to  the
  provisions of section 130.57, no person, while being held for  trial  or
  the  results of trial, shall 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  such period for infractions of
  discipline.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 2 - Apprehension and Restraint › 130.14 - Delivery of Offenders to Civil Authorities.

§ 130.14. Delivery  of offenders to civil authorities.  (a) Under such
regulations as may be issued pursuant to this chapter, a person  subject
to  this  code  accused  of  an  offense  against civil authority may be
delivered, upon request, to the civil authority for trial.
(b) When delivery under this article is made to any civil authority of
a person undergoing sentence  of  a  court-martial,  such  delivery,  if
followed  by  conviction in a civil tribunal, shall be held to interrupt
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  the  adjutant  general,  be  returned  to  military
custody for the completion of the said court-martial sentence.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.16 - Courts-Martial Classified.

§ 130.16. Courts-martial  classified.    There shall be three kinds of
courts-martial in each of the forces of the organized militia, namely:
(1) General courts-martial, consisting of---
(A) A military judge and not less than five members; or
(B) Only a military judge,  if  before  the  court  is  assembled  the
accused,   knowing   the  identity  of  the  military  judge  and  after
consultation with defense counsel, requests in writing a court  composed
of only a military judge and the military judge approves;
(2) Special courts-martial, consisting of---
(A) Not less than three members; or
(B) A military judge and not less than three members; or
(C)  Only a military judge, if one has been detailed to the court, and
the accused under the same conditions as those prescribed in clause  (1)
(B) so requests; and
(3)  Summary  courts-martial,  which shall consist of one commissioned
officer.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.17 - Jurisdiction of Courts-Martial in General.

§ 130.17. Jurisdiction  of  courts-martial in general.   Each force of
  the organized militia shall have  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
  issued pursuant to this chapter.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.18 - Jurisdiction of General Courts-Martial.

§ 130.18. Jurisdiction  of general courts-martial.  Subject to section
  130.17, general courts-martial shall have jurisdiction  to  try  persons
  subject  to  this code for any offense for which they may be punished by
  this code and shall have the power to sentence  to:    confinement  with
  hard  labor  for not exceeding two hundred days; fines not exceeding two
  hundred dollars; confinement with hard labor in lieu  of  fines  imposed
  not exceeding one day for each dollar of fine imposed; forfeiture of pay
  and   allowances,   not   exceeding   two  hundred  dollars;  dismissal;
  dishonorable discharge; bad conduct discharge; reprimand;  reduction  of
  non-commissioned  officers  to an inferior grade; and to combine any two
  or more of such punishments in the sentences imposed.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.19 - Jurisdiction of Special Courts-Martial.

§ 130.19. Jurisdiction  of special courts-martial.  Subject to section
  130.17, special courts-martial shall have jurisdiction  to  try  persons
  subject  to  this code for any offense for which they may be punished by
  this code.  Special courts-martial shall have the power to sentence  to:
  confinement  with  hard  labor for not exceeding one hundred days; fines
  not exceeding one hundred dollars; confinement with hard labor  in  lieu
  of  fines imposed not exceeding one day for each dollar of fine imposed;
  forfeiture of pay and allowances not exceeding one hundred dollars;  bad
  conduct  discharge;  reprimand; reduction of noncommissioned officers to
  an inferior grade; and to combine any two or more of such punishments in
  the sentences imposed.  A bad conduct discharge shall  not  be  adjudged
  unless  a  complete  record  of the proceedings and testimony before the
  court has been made.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.20 - Jurisdiction of Summary Courts-Martial.

§ 130.20. Jurisdiction  of  summary  courts-martial.
(a) Subject to
section 130.17, summary courts-martial shall have  jurisdiction  to  try
persons  subject to this code, except officers and warrant officers, for
any offense for which they may be punished by this code.
(b) No persons with respect to whom courts-martial  have  jurisdiction
shall  be  brought to trial before a summary court-martial if he objects
thereto. Where objection to trial  by  summary  court-martial  is  made,
trial  shall  be  ordered by special or general court-martial, as may be
appropriate.
(c) Summary courts-martial  shall  have  the  power  to  sentence  to:
confinement  with  hard  labor for not exceeding twenty-five days; fines
not exceeding twenty-five dollars; confinement with hard labor  in  lieu
of  fines imposed not exceeding one day for each dollar of fine imposed;
forfeiture of pay and  allowances  not  exceeding  twenty-five  dollars;
reprimand;  reduction of non-commissioned officers to an inferior grade;
and to combine any two or more of  such  punishments  in  the  sentences
imposed.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 4 - Court-Martial Jurisdiction › 130.21 - Jurisdiction of Courts-Martial Not Exclusive.

§ 130.21. Jurisdiction   of   courts-martial   not  exclusive.     The
  provisions of this  code  conferring  jurisdiction  upon  courts-martial
  shall  not  be  construed  as depriving provost courts or other military
  tribunals of concurrent jurisdiction in respect to offenders or offenses
  that by statute or by the law of war may be tried by such provost courts
  or other military tribunals.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.22 - Who May Convene General Courts-Martial.

§ 130.22. Who   may   convene   general   courts-martial.      General
  courts-martial may be convened by order of the  adjutant  ageneral,  the
  commanding  officer  of a force of the organized militia, the commanding
  officer of a division or corresponding unit of the army  national  guard
  or  the  commanding  officer  of a wing or corresponding unit of the air
  national guard.