reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 33 - Pennsylvania Guard › Section 3302 - Uniforms, arms and equipment

§ 3302. Uniforms, arms and equipment.
The Governor is authorized to requisition from the Department of Defense such uniforms, arms and equipment as may be available for use of the Pennsylvania Guard as may be authorized by the Congress of the United States to be made available to the Pennsylvania Guard. In the event uniforms and equipment are not available from the Federal Government for the use of the Pennsylvania Guard, the Governor shall cause to be provided such uniforms, arms and equipment as may be necessary for the efficient functioning and operation of the Pennsylvania Guard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 35 - Disability Relief and Pensions › Section 3501 - Relief for disability incurred in active State service

§ 3501. Relief for disability incurred in active State service.
(a) General rule.--
If any member of the Pennsylvania National Guard is injured or otherwise disabled, or dies as a result of injuries or other disability received or contracted while performing duty in active service of the Commonwealth or in the performance of other State military duty under competent order or authority, or while engaged in volunteer service during a civil emergency at the request of competent military authority, he or his dependents, if not compensated therefor by the government of the United States, shall receive from the Commonwealth just and reasonable relief, the amount of compensation to be determined in accordance with the Workmen's Compensation Law of Pennsylvania. The General Assembly shall appropriate the moneys necessary to provide for such compensation.
(b) Computation of average weekly wage.--
In the computation of average weekly wage for purposes of compensating a member of the Pennsylvania National Guard or his beneficiaries, "wages" shall include all earnings during the period used for such computation received from employment in the member's usual occupation.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)
References in Text.
The short title of the act of June 2, 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's Compensation Act, referred to in subsec. (a), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act.
Cross References.
Section 3501 is referred to in section 3502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 37 - Decorations, Medals, Badges and Awards › Section 3702 - Specifications

§ 3702. Specifications.
The Adjutant General shall prescribe the detailed specifications and design for said decorations, medals, badges and awards, and is authorized to procure those items in the prescribed manner. The Adjutant General shall issue appropriate rules, regulations and guidelines for the wearing of said decorations, medals, badges and awards in accordance with the customs and traditions of the Pennsylvania National Guard.
(Nov. 29, 2017, P.L.1182, No.56, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 37 - Decorations, Medals, Badges and Awards › Section 3703 - Wearing of military insignia by municipal employees

§ 3703. Wearing of military insignia by municipal employees.
It is unlawful for any official of the Commonwealth or any political subdivision thereof to forbid or prohibit by ordinance, rule, or regulation the wearing, by any of its employees or agents, of any service bar or insignia provided or authorized by the Federal Government, indicating military service in any war, upon any part of the uniform worn by them as employees or agents of the political subdivision.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 37 - Decorations, Medals, Badges and Awards › Section 3705 - Furnishing United States flag for deceased members

§ 3705. Furnishing United States flag for deceased members.
(a) General rule.--
The department shall furnish a United States flag to drape the casket of each deceased member who at the time of death was:
(1) An active member of the Pennsylvania National Guard or the Pennsylvania Guard.
(2) A retired member of the Pennsylvania National Guard or the Pennsylvania Guard.
(3) Discharged from the Pennsylvania National Guard or the Pennsylvania Guard for a disability incurred or aggravated in the line of duty.
(b) Exception.--
Any member eligible for a burial flag under the provisions of 38 United States Code § 901 (relating to flags) is not authorized to receive the United States flag under the provisions of this section.
(c) Appropriation for cost.--
The necessary appropriations to pay for any flags issued under this section shall, at each regular session of the General Assembly, be included in the items pertaining to the department, in the act of Assembly providing for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Commonwealth.
(Sept. 28, 1978, P.L.802, No.155, eff. 60 days)
1978 Amendment.
Act 155 added section 3705.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Extra - Chapter Notes

Enactment.
Chapter 41 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.
Cross References.
Chapter 41 is referred to in section 702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4101 - Equality of treatment and opportunity for members

§ 4101. Equality of treatment and opportunity for members.
It is hereby declared to be the policy of this Commonwealth that there shall be equality of treatment and opportunity for all persons in the Pennsylvania National Guard and the Pennsylvania Guard, without regard to race, creed, color, national origin or sex. Such policy shall be put into effect giving due regard to the powers of the Federal Government which are or may be exercised over the Pennsylvania National Guard and to the time required to effectuate changes without impairing the efficiency or morale of the Pennsylvania National Guard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4103 - Exemption of uniforms and equipment

§ 4103. Exemption of uniforms and equipment.
The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payment of taxes.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)
Cross References.
Section 4103 is referred to in section 8124 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4104 - Exemption from arrest

§ 4104. Exemption from arrest.
No officer or enlisted person shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from, a place where he is ordered to attend for military duty.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4105 - Exemption from civil process

§ 4105. Exemption from civil process.
No civil process shall issue or be enforced against any officer or enlisted person of the Pennsylvania National Guard in the active service of the Commonwealth during so much of the term as he shall be engaged in active service under orders nor until 30 days after he shall have been relieved therefrom. The operation of all statutes of limitations and presumptions arising from lapse of time shall be suspended upon all claims by or against such officer or enlisted person during the aforesaid period.
Cross References.
Section 4105 is referred to in section 5343 of Title 30 (Fish); section 7331 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4106 - Exemptions from further military service and jury duty

§ 4106. Exemptions from further military service and jury duty.
In addition to the exemptions now allowed by law, any person who shall have performed duty in the Pennsylvania National Guard for a period of nine years or who served for nine months or a longer period in active service of the United States and was honorably discharged or mustered out, shall be exempt from further military service, except in case of war, invasion or insurrection. Every officer and enlisted person of the Pennsylvania National Guard shall be exempt from jury duty during the period of his active service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4107 - Legal aid

§ 4107. Legal aid.
Members of the Pennsylvania Military Forces on State duty shall receive legal assistance from the Commonwealth for any charge of criminal or civil liability resulting from their duty. The assistance shall be limited to members acting under lawful orders or on good faith reliance on an order which a reasonable person would consider to be lawful under the circumstances. No assistance shall be provided by the Commonwealth when the Pennsylvania National Guard is called into the service of the United States.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4108 - Liability of Commonwealth for judgments against personnel on State duty

§ 4108. Liability of Commonwealth for judgments against personnel on State duty.
The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments and costs secured against a member of the Pennsylvania Military Forces on State duty who was acting under lawful orders or who in good faith relied on an order which a reasonable person would consider to be lawful under the circumstances.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 41 - Rights and Immunities › Section 4110 - Expedited or electronic hearing

§ 4110. Expedited or electronic hearing.
(a) Expedited hearing.--
Upon motion of an eligible servicemember who has received notice of deployment in support of a contingency operation, the court shall, for good cause shown, hold an expedited hearing in custody matters instituted under section 4109 (relating to child custody proceedings during military deployment) when the military duties of the eligible servicemember have a material effect on the eligible servicemember's ability, or anticipated ability, to appear in person at a regularly scheduled hearing.
(b) Electronic hearing.--
Upon motion of an eligible servicemember who has received notice of deployment in support of a contingency operation, the court shall, upon reasonable advance notice and for good cause shown, allow the eligible servicemember to present testimony and evidence by electronic means in custody matters instituted under section 4109 when the military duties of the eligible servicemember have a material effect on the eligible servicemember's ability to appear in person at a regularly scheduled hearing.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Contingency operation." As defined in section 4109 (relating to child custody proceedings during military deployment).
"Electronic means." Includes communication by telephone, video conference or the Internet.
"Eligible servicemember." As defined in section 4109 (relating to child custody proceedings during military deployment).
"Matter." As defined in 42 Pa.C.S. § 102 (relating to definitions).
(Apr. 12, 2012, P.L.241, No.32, eff. 60 days)
2012 Amendment.
Act 32 added section 4110.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 47 - Fresh Pursuit by Military Forces › Section 4701 - Fresh pursuit by Commonwealth forces

§ 4701. Fresh pursuit by Commonwealth forces.
(a) General rule.--
No military forces of this Commonwealth, other than the Pennsylvania National Guard, shall be required to serve outside the boundaries of this Commonwealth, except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this Commonwealth into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, provided such other state shall have given authority by law for such pursuit by such forces of the Commonwealth.
(b) Surrender of prisoner by Commonwealth forces.--
Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this Commonwealth, shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 47 - Fresh Pursuit by Military Forces › Section 4702 - Fresh pursuit by forces of other states

§ 4702. Fresh pursuit by forces of other states.
(a) General rule.--
Any military forces, or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this Commonwealth until the military or police forces of this Commonwealth or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this Commonwealth while in fresh pursuit.
(b) Surrender of prisoner to Commonwealth forces.--
Any such person who shall be captured or arrested by the military forces of such other state while in this Commonwealth, shall, without unnecessary delay, be surrendered to the military or police forces of this Commonwealth, to be dealt with according to law.
(c) Construction of section.--
This section shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 51 was added October 24, 2012, P.L.1506, No.192, effective in one year.
Prior Provisions.
Former Chapter 51, which related to the same subject matter, was added August 1, 1975,
            P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one
            year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5100 - Short title of part (Repealed)

§ 5100. Short title of part (Repealed).
2012 Repeal.
Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5103 - Persons subject to part

§ 5103. Persons subject to part.
This part applies to all members of the State military forces who are not in a Federal status under which they are subject to the Uniform Code of Military Justice (64 Stat. 109, 10 U.S.C. § 801 et seq.).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5104 - Subject matter jurisdiction

§ 5104. Subject matter jurisdiction.
(a) General rule.--
Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.
(b) Military offenses.--
Courts-martial have primary jurisdiction of military offenses as defined in this part.
(c) Nonmilitary offenses.--
A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.
(d) Inchoate offenses.--
Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.
Cross References.
Section 5104 is referred to in sections 5107, 6045 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5105 - Jurisdiction to try certain personnel

§ 5105. Jurisdiction to try certain personnel.
(a) Discharge obtained fraudulently.--
Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained a discharge shall be, subject to section 5708 (relating to statute of limitations), subject to trial by court-martial on said charge and shall after apprehension be subject to this part while in custody under the direction of the State military forces for that trial. Upon conviction of said charge, the person shall be subject to trial by court-martial for all offenses under this part committed before the fraudulent discharge.
(b) Deserters.--
No person subject to this part who has deserted from the State military forces shall be relieved from amenability to the jurisdiction of this part by virtue of a separation from any subsequent period of service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5106 - Dismissal of commissioned officer

§ 5106. Dismissal of commissioned officer.
(a) Court-martial proceedings.--
Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which the officer was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but, if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(b) Failure to convene court-martial.--
If the Governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5107 - Territorial applicability

§ 5107. Territorial applicability.
(a) General rule.--
This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction).
(b) Location of proceedings.--
Courts-martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside this Commonwealth with the same jurisdiction and powers as to persons subject to this part as if the proceedings were held inside this Commonwealth, and persons subject to this part accused of committing offenses outside this Commonwealth shall be subject to trial and punishment either inside or outside this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 51 - General Provisions › Section 5108 - Judge advocates and legal officers

§ 5108. Judge advocates and legal officers.
(a) Appointment of State Judge Advocate.--
The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar of the Supreme Court for at least five years.
(b) Field inspections.--
The State Judge Advocate and the judge advocates of the State military forces or their delegates shall make frequent inspections in the field in supervision of the administration of military justice.
(c) Direct communication.--
Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the State Judge Advocate.
(d) Disqualification in case.--
No person who has acted as a member, military judge, trial counsel, defense counsel or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5201 - Apprehension

§ 5201. Apprehension.
(a) Persons authorized to apprehend.--
Any person authorized by this part, by 10 U.S.C. Ch. 47 (relating to Uniform Code of Military Justice) or by regulations issued under:
(1) any marshal of a court-martial appointed under the provisions of this part; or
(2) any peace officer or civil officer authorized by law, may apprehend persons subject to this part upon probable cause that an offense under this part has been committed and that the person apprehended committed it.
(b) Authority of officers.--
Commissioned officers, warrant officers, petty officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this part and to apprehend persons subject to this part who take part therein.
(c) Apprehension outside Commonwealth.--
If a person subject to this part is apprehended outside this Commonwealth, the person's return to this Commonwealth must be in accordance with normal extradition procedures or by reciprocal agreement.
(d) Payment prohibited.--
No person authorized by this section to apprehend persons subject to this part, or place where such offender is confined, restrained, held or otherwise housed may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding or otherwise housing a person except as otherwise provided by law.
(e) Warrant authority.--
The convening authority of any court-martial shall have the power to issue warrants of apprehension directed to the sheriff or any constable or peace officer of a county to apprehend persons subject to this part charged with an offense under this part and to deliver such persons into the custody of the State military forces.
(f) Definition.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Apprehension." The taking of a person subject to this part into custody.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5202 - Apprehension of persons absent without leave

§ 5202. Apprehension of persons absent without leave.
Any civil officer having authority to apprehend offenders under the laws of the United States or of this Commonwealth, or any military officer subject to this part who has been authorized by the Governor by regulation, may summarily apprehend any person subject to this part absent without leave from the State military forces and deliver him into the custody of the State military forces.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5203 - Imposition of restraint

§ 5203. Imposition of restraint.
(a) Enlisted personnel.--
An enlisted person subject to this part 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 part or through any person authorized by this part to apprehend persons. A commanding officer may authorize warrant officers, petty officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(b) Commissioned officers and warrant officers.--
A commissioned officer or a warrant officer subject to this part 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.
(c) Probable cause.--
No person subject to this part may be ordered into arrest or confinement except for probable cause.
(d) Construction of section.--
This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Arrest." The restraint of a person subject to this part by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.
"Confinement." The physical restraint of a person subject to this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5204 - Restraint of persons charged with offenses

§ 5204. Restraint of persons charged with offenses.
(a) General rule.--
Any person subject to this part charged with an offense under this part may be ordered into arrest or confinement. When any person subject to this part is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused, and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
(b) Admission to bail.--
The accused, if apprehended or ordered into confinement prior to or during trial by a military court, may be admitted to bail by the officer exercising special court-martial jurisdiction over the accused, by a superior commanding officer or by the Adjutant General.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5205 - Place of confinement

§ 5205. Place of confinement.
Persons subject to this part confined before, during or after trial by a military court shall be confined in a civilian or military confinement facility.
Cross References.
Section 5205 is referred to in section 5206 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5206 - Reports and receiving of prisoners

§ 5206. Reports and receiving of prisoners.
(a) Duty to receive prisoner.--
Unless otherwise authorized by law, no facility authorized to receive prisoners under section 5205 (relating to place of confinement) may refuse to receive or keep any prisoner subject to this part and committed to the facility's charge by a commissioned officer of the State military forces when the officer furnishes a statement, signed by the officer, of the offense charged against the prisoner.
(b) Report of commitment.--
Every facility authorized to receive prisoners under section 5205 to whose charge a prisoner subject to this part is committed shall, within 24 hours after that commitment, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner and the name of the person who ordered or authorized the commitment. If the facility receiving and holding a prisoner is unable to contact the prisoner's commanding officer, the facility shall make the report to the office of Adjutant General at the Joint Force Headquarters.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5207 - Punishment prohibited before trial

§ 5207. Punishment prohibited before trial.
Subject to section 5804 (relating to effective date of sentence), no person subject to this part 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 the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure the person's presence. The person may be subjected to minor punishment during that period for infractions of discipline.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5208 - Delivery of offenders to civil authorities

§ 5208. Delivery of offenders to civil authorities.
(a) General rule.--
Under such regulations as may be prescribed under this part, a person subject to this part accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.
(b) Effect on sentence of court-martial.--
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. The offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of such sentence of the court-martial.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 52 - Apprehension and Restraint › Section 5209 - Confinement with enemy prisoners prohibited

§ 5209. Confinement with enemy prisoners prohibited.
No member of the State military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals who are not members of the armed forces.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5401 - Courts-martial classified

§ 5401. Courts-martial classified.
The three kinds of courts-martial in the State military forces are:
(1) General courts-martial, consisting of:
(i) a military judge and not less than five 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 orally on the record or in writing a court composed only of a military judge and the military judge approves.
(2) Special courts-martial, consisting of:
(i) a military judge and not less than three members; or
(ii) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (1)(ii) so requests.
(3) Summary courts-martial, consisting of one commissioned officer.
Cross References.
Section 5401 is referred to in sections 5508, 5706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5402 - Jurisdiction of courts-martial in general

§ 5402. Jurisdiction of courts-martial in general.
Each force of the State military forces has court-martial jurisdiction over all members of the force who are subject to this part. The Pennsylvania National Guard has court-martial jurisdiction over all members subject to this part.
Cross References.
Section 5402 is referred to in sections 5403, 5404, 5405 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5403 - Jurisdiction of general courts-martial

§ 5403. Jurisdiction of general courts-martial.
Subject to section 5402 (relating to jurisdiction of courts-martial in general), general courts-martial have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any punishment not prohibited by this part including any of the following punishments:
(1) A fine of not more than $10,000.
(2) Confinement for not more than five years.
(3) Forfeiture of all pay and allowances for a period not exceeding five years.
(4) Dismissal, dishonorable discharge or bad-conduct discharge.
(5) Reduction of an enlisted member to any lower enlisted grade.
(6) A reprimand.
(7) Any combination of these punishments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5404 - Jurisdiction of special courts-martial

§ 5404. Jurisdiction of special courts-martial.
Subject to section 5402 (relating to jurisdiction of courts-martial in general), special courts-martial shall have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than $2,500.
(2) Confinement for not more than one year.
(3) Forfeiture of all pay and allowances for a period not exceeding one year.
(4) A bad-conduct discharge.
(5) Reduction of an enlisted member to any lower enlisted grade.
(6) A reprimand.
(7) Any combination of these punishments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5405 - Jurisdiction of summary courts-martial

§ 5405. Jurisdiction of summary courts-martial.
(a) General rule.--
Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts-martial shall have jurisdiction to try all persons subject to this part, except officers, cadets, candidates and midshipmen, for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than $500.
(2) Confinement for not more than ten days.
(3) Restriction to specified limits for no more than two months.
(4) Forfeiture of not more than two-thirds of pay for a period not exceeding one month.
(5) Reduction to the next lower grade.
(b) Objection to summary court-martial.--
No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial, as may be appropriate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5406 - Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor

§ 5406. Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.
In the State military forces, no sentence of dismissal, dishonorable discharge or bad-conduct discharge shall be executed until it is approved by the Governor.
Cross References.
Section 5406 is referred to in section 6111 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5407 - Record of proceedings

§ 5407. Record of proceedings.
A complete written record of proceedings and testimony shall be made for any general court-martial under this part. A bad-﻿conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 54 - Courts-martial Jurisdiction › Section 5408 - Confinement instead of fine (Repealed)

§ 5408. Confinement instead of fine (Repealed).
2012 Repeal.
Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5501 - Who may convene general courts-martial

§ 5501. Who may convene general courts-martial.
(a) General rule.--
General courts-martial may be convened by any of the following:
(1) The Governor.
(2) The Adjutant General.
(3) A deputy adjutant general authorized by a regulation of the Governor.
(4) The commanding general of a division.
(5) The general officer in command of a wing.
(b) Commanding officer as accuser.--
When a commanding officer is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such authority when deemed desirable by such authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5502 - Who may convene special courts-martial

§ 5502. Who may convene special courts-martial.
(a) General rule.--
Special courts-martial may be convened by any of the following:
(1) Any person who may convene a general court-martial.
(2) The commanding officer of a garrison, fort, post, camp, station, Pennsylvania National Guard base or station.
(3) The commanding officer of a brigade, regiment or corresponding unit of the Army.
(4) The commanding officer of a group or corresponding unit of the Air Force.
(5) The commanding officer or officer in charge of any other command when authorized by the Adjutant General.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5503 - Who may convene summary courts-martial

§ 5503. Who may convene summary courts-martial.
(a) General rule.--
Summary courts-martial may be convened by any of the following:
(1) Any person who may convene a general or special court-martial.
(2) The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army.
(3) The commanding officer of a squadron, a detached squadron or other detachment or corresponding unit of the Air Force.
(4) The commanding officer or officer in charge of any other command when authorized by the Adjutant General.
(b) Commissioned officer or superior authority.--
When only one commissioned officer is present with a command or detachment, that officer shall preside over the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him, provided that the officer is not the accuser or a witness. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5505 - Military judge of a general or special court-martial

§ 5505. Military judge of a general or special court-martial.
(a) General rule.--
A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(b) Eligibility.--
A military judge shall be:
(1) a judge advocate in the grade of lieutenant colonel or above in the State military forces, a federally recognized judge advocate of the National Guard of another state, a judge advocate of the armed forces of the United States or a retired judge advocate of the State military forces in the grade of lieutenant colonel or above who retired no more than ten years prior to the date of trial;
(2) a member in good standing of the bar of the Supreme Court or the highest court of another state or a member of the bar of a Federal court for at least five years; and
(3) certified as qualified for duty as a military judge by the State Judge Advocate or other appropriate authority after completion of such training and certification required for military judges in any of the armed forces of the United States.
(c) Pro hac vice admission.--
When a military judge is not a member of the bar of the Supreme Court, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualifications required under subsection (b).
(d) Designation.--
The military judge of a general or special court-martial shall be designated by the State Judge Advocate or a designee for detail in the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed which relates to performance of duty as a military judge.
(e) Ineligibility.--
No person is eligible to serve as military judge if the person is the accuser or a witness in the case or has acted as investigating officer or a counsel in the case.
(f) Limitation on powers.--
The military judge may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel. The military judge shall not vote with the members of the court.
Cross References.
Section 5505 is referred to in section 5102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5506 - Appointment of trial counsel and defense counsel

§ 5506. Appointment of trial counsel and defense counsel.
(a) General rule.--
For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor shall any person who has acted for the defense act later in the same case for the prosecution.
(b) Eligibility.--
Any person who is detailed trial counsel or defense counsel in the case of a general or a special court-martial shall be a judge advocate as defined in section 5102 (relating to definitions).
(c) Pro hac vice admission.--
When a defense counsel is not a member of the bar of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualification required under subsection (b).
Cross References.
Section 5506 is referred to in section 5703 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5507 - Detail or employment of reporters and interpreters

§ 5507. Detail or employment of reporters and interpreters.
Under such regulations as the Governor or department may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 55 - Appointment and Composition of Courts-martial › Section 5508 - Absent and additional members

§ 5508. Absent and additional members.
(a) Authorized absence.--
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 by the military judge as a result of a challenge, for physical disability or other good cause or by order of the convening authority for good cause.
(b) New members of general court-martial.--
Whenever a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
(c) New members of special court-martial.--
Whenever a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously 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, the accused and counsel for both sides.
(d) New military judge of court-martial.--
If the military judge of a court-martial composed of only a military judge 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 5401 (relating to courts-martial classified), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.
Cross References.
Section 5508 is referred to in sections 5704, 5706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 56 - Pretrial Procedure › Section 5601 - Charges and specifications

§ 5601. Charges and specifications.
(a) Execution and contents.--
Charges and specifications shall be signed by a person subject to this part under oath before a commissioned officer authorized by this part to administer oaths and shall state:
(1) That the signer has personal knowledge of or has investigated the matters set forth therein.
(2) That they are true in fact to the best of the signer's knowledge and belief.
(b) Disposition.--
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. The person accused shall be informed of the charges against him as soon as practicable.
Cross References.
Section 5601 is referred to in section 5714 of this title.