reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-18. - Jurisdiction of general courts-martial.

§ 30-13-18. Jurisdiction of general courts-martial.
Subject to § 30-13-17, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1)
Confinement with hard labor for not more than two hundred (200) days;
(2)
A fine of not more than two hundred dollars ($200);
(3)
Forfeiture of pay and allowances of not more than two hundred dollars ($200);
(4)
Dismissal, bad conduct discharge, or dishonorable discharge;
(5)
A reprimand;
(6)
Reduction of enlisted persons to a lower grade; or
(7)
Any combination of these punishments.
History of Section.
G.L. 1956, § 30-13-18; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-19. - Jurisdiction of special courts-martial.

§ 30-13-19. Jurisdiction of special courts-martial.
Subject to § 30-13-17, special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1)
Confinement with hard labor for not more than one hundred (100) days;
(2)
A fine of not more than one hundred dollars ($100);
(3)
Forfeiture of pay and allowances of not more than one hundred dollars ($100);
(4)
A reprimand;
(5)
Reduction of enlisted persons to a lower grade; or
(6)
Any combination of these punishments.
History of Section.
G.L. 1956, § 30-13-19; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-20. - Jurisdiction of summary courts-martial.

§ 30-13-20. Jurisdiction of summary courts-martial.
(a)
Subject to § 30-13-17, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
(b)
No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto, unless under § 30-13-15 he or she has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under § 30-13-15, trial shall be ordered by special or general court-martial, as may be appropriate.
(c)
A summary court-martial may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
(1)
Confinement with hard labor for not more than twenty-five (25) days;
(2)
A fine of not more than twenty-five dollars ($25.00);
(3)
Forfeiture of pay and allowances of not more than twenty-five dollars ($25.00);
(4)
A reprimand;
(5)
Reduction of enlisted persons to a lower grade; or
(6)
Any combination of these punishments.
History of Section.
G.L. 1956, § 30-13-20; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-21. - Sentences to be approved by governor.

§ 30-13-21. Sentences to be approved by governor.
No sentence of dismissal, bad conduct discharge, or dishonorable discharge may be executed until it is approved by the governor.
History of Section.
G.L. 1956, § 30-13-21; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-22. - Record of proceedings if dishonorable discharge, bad conduct discharge, or dismissal adjudged.

§ 30-13-22. Record of proceedings if dishonorable discharge, bad conduct discharge, or dismissal adjudged.
A dishonorable discharge, bad conduct discharge, or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
History of Section.
G.L. 1956, § 30-13-22; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-23. - Confinement in default of payment of fine.

§ 30-13-23. Confinement in default of payment of fine.
All courts-martial shall have power to sentence, in the alternative, to confinement in default of payment of a fine imposed by the court. In these cases, the court shall fix a reasonable time within which the fine shall be paid; provided, however, that the sentence of confinement shall not exceed one day for each five dollars ($5.00) of fine imposed.
History of Section.
G.L. 1956, § 30-13-23; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-24. - Who may convene general courts-martial.

§ 30-13-24. Who may convene general courts-martial.
In the state military forces, general courts-martial may be convened by the governor or the adjutant general.
History of Section.
G.L. 1956, § 30-13-24; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-25. - Who may convene special courts-martial.

§ 30-13-25. Who may convene special courts-martial.
(a)
In the state military forces, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command if not lower than a battalion or squadron level, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any commanding officer is an accuser, the court shall be convened by superior competent authority.
(b)
A special court-martial may not try a commissioned officer.
History of Section.
G.L. 1956, § 30-13-25; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-26. - Who may convene summary courts-martial.

§ 30-13-26. Who may convene summary courts-martial.
(a)
In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, or other detachment of not less than battalion or squadron level, may convene a summary court-martial consisting of one commissioned officer of a rank not less than major. The proceedings shall be informal.
(b)
When only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him or her.
History of Section.
G.L. 1956, § 30-13-26; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-27. - Who may serve on courts-martial.

§ 30-13-27. Who may serve on courts-martial.
(a)
Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before these courts for trial.
(b)
Any warrant officer of, or on duty with, the state military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before these courts for trial.
(c)(1)
Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before these courts for trial, but the enlisted member shall serve as a member of a court only if, before the convening of the court, the accused personally has requested, in writing, that enlisted members serve on it. After that request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (⅓) of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If these members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(2)
In this subsection, the word “unit” means any regularly organized body of the state military forces not larger than a company, a squadron, or a division of the naval militia, or a body corresponding to one of them.
(d)
When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to that person in rank or grade.
(e)
When convening a court-martial, the convening authority shall detail as members thereof such members as, in his or her opinion, are best qualified for duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the supreme court of the state and of appropriate rank and grade, the convening authority shall appoint that officer as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.
History of Section.
G.L. 1956, § 30-13-27; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-28. - Law officer of a general court-martial.

§ 30-13-28. Law officer of a general court-martial.
(a)
The authority convening a general court-martial shall detail as the law officer thereof a commissioned officer who is a member of the bar of the supreme court of the state, or a member of the bar of a federal court, and who is certified to be qualified for that duty by the state judge advocate. No person is eligible to act as law officer in a case if that person is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(b)
The law officer may not consult with the members of the court, other than on the form of the findings as provided in § 30-13-42, except in the presence of the accused, trial counsel, and defense counsel, nor may the law officer vote with the members of the court.
History of Section.
G.L. 1956, § 30-13-28; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-29. - Detail of trial counsel and defense counsel.

§ 30-13-29. Detail of trial counsel and defense counsel.
(a)
For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he or she considers appropriate. No person who has acted as investigating officer, law officer, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(b)
Trial counsel or defense counsel detailed for a general court-martial:
(1)
Must be a person who is a member of the bar of the supreme court of the state, or a member of the bar of a federal court; and
(2)
Must be certified as competent to perform these duties by the state judge advocate.
(c)
In the case of a special court-martial, if the trial counsel is qualified to act as counsel before a general court-martial, or is a member of the bar of the supreme court of the state, the defense counsel detailed by the convening authority must be a person similarly qualified.
History of Section.
G.L. 1956, § 30-13-29; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-30. - Reporters and interpreters.

§ 30-13-30. Reporters and interpreters.
Under such regulations as the governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
History of Section.
G.L. 1956, § 30-13-30; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-31. - Absent and additional court-martial members.

§ 30-13-31. Absent and additional court-martial members.
(a)
No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
(b)
Whenever a general court-martial is reduced below five (5) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five (5) members. When the new members have been sworn, the trial may proceed as if no evidence had previously been introduced.
(c)
Whenever a special court-martial is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. When the new members have been sworn, the trial shall proceed as if no evidence had previously been introduced.
History of Section.
G.L. 1956, § 30-13-31; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-32. - Charges and specifications.

§ 30-13-32. Charges and specifications.
(a)
Charges and specifications shall be signed by a person subject to this code, under oath before a person authorized by this code to administer oaths, and shall state:
(1)
That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(2)
That they are true in fact to the best of the signer’s knowledge and belief.
(b)
Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
History of Section.
G.L. 1956, § 30-13-32; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-33. - Compulsory self-incrimination prohibited.

§ 30-13-33. Compulsory self-incrimination prohibited.
(a)
No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
(b)
No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by that person may be used as evidence against him or her in a trial by court-martial.
(c)
No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.
(d)
No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him or her in a trial by court-martial.
History of Section.
G.L. 1956, § 30-13-33; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-34. - Investigation.

§ 30-13-34. Investigation.
(a)
No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.
(b)
The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon the accused’s own request, he or she shall be represented by civilian counsel if provided by him or her; or military counsel of his or her own selection if military counsel is reasonably available; or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available, and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c)
If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examinations, and presentation prescribed in subsection (b) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(d)
The requirements of this section are binding on all persons administering this code, but failure to follow them does not divest a military court of jurisdiction.
History of Section.
G.L. 1956, § 30-13-34; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-35. - Forwarding of charges.

§ 30-13-35. Forwarding of charges.
When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, the commanding officer shall report, in writing, to the governor the reasons for delay.
History of Section.
G.L. 1956, § 30-13-35; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-36. - Advice of state judge advocate and reference for trial.

§ 30-13-36. Advice of state judge advocate and reference for trial.
(a)
Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(b)
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
History of Section.
G.L. 1956, § 30-13-36; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-37. - Service of charges.

§ 30-13-37. Service of charges.
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon the person, or before a special court-martial within a period of three (3) days after the service of the charges upon the person.
History of Section.
G.L. 1956, § 30-13-37; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-38. - Confinement pending trial — Bail.

§ 30-13-38. Confinement pending trial — Bail.
When an accused person shall have been arrested for failure to appear before a court-martial for trial, the president of the court-martial or summary court officer to whom the charges have been referred for trial may issue a commitment for the confinement of that person pending trial. In these cases, the accused shall be admitted to bail, the amount of bail fixed, and the surety or sureties thereon approved by the president of the court-martial or the summary court officer issuing the commitment. In default of bail, that person shall be confined pending trial. No person shall be kept in confinement pending trial for more than five (5) days.
History of Section.
G.L. 1956, § 30-13-38; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-39. - Governor may prescribe procedure.

§ 30-13-39. Governor may prescribe procedure.
The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as he or she considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to, or inconsistent with, this code.
History of Section.
G.L. 1956, § 30-13-39; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-40. - Unlawfully influencing action of court.

§ 30-13-40. Unlawfully influencing action of court.
No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, or his or her functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal, or any member thereof, or an investigating officer, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts.
History of Section.
G.L. 1956, § 30-13-40; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-41. - Duties of trial counsel and defense counsel.

§ 30-13-41. Duties of trial counsel and defense counsel.
(a)
The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.
(b)
The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by the accused, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29. Should the accused have counsel of his or her own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the president of the court.
(c)
In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of those matters counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record that he or she considers appropriate.
(d)
An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the service, upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e)
An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the service, upon counsel for the accused.
History of Section.
G.L. 1956, § 30-13-41; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-42. - Sessions.

§ 30-13-42. Sessions.
Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form and those proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in general court-martial cases, the law officer.
History of Section.
G.L. 1956, § 30-13-42; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-43. - Continuances.

§ 30-13-43. Continuances.
A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
History of Section.
G.L. 1956, § 30-13-43; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-44. - Challenges.

§ 30-13-44. Challenges.
(a)
Members of a general or special court-martial and the law officer of a general court-martial, may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause, but may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b)
Each accused and the trial counsel is entitled to one peremptory challenge, but the law officer may not be challenged except for cause.
History of Section.
G.L. 1956, § 30-13-44; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-45. - Oaths.

§ 30-13-45. Oaths.
(a)
The law officer, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(b)
Each witness before a military court shall be examined on oath or affirmation.
History of Section.
G.L. 1956, § 30-13-45; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-46. - Statute of limitations.

§ 30-13-46. Statute of limitations.
(a)
A person charged with desertion or absence without leave in time of war, or with aiding the enemy or mutiny, may be tried and punished at any time without limitation.
(b)
Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under § 30-13-116 is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c)
Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under § 30-13-15 if the offense was committed more than two (2) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command, or before the imposition of punishment under § 30-13-15.
(d)
Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
History of Section.
G.L. 1956, § 30-13-46; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-47. - Double jeopardy.

§ 30-13-47. Double jeopardy.
(a)
No person may, without his or her consent, be tried a second time in any military court of the state for the same offense.
(b)
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a “trial” in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c)
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a “trial” in the sense of this section.
History of Section.
G.L. 1956, § 30-13-47; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-48. - Entering of not-guilty plea by court.

§ 30-13-48. Entering of not-guilty plea by court.
If an accused arraigned before a court-martial makes an irregular pleading; or after a plea of guilty sets up matters inconsistent with the plea; or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or if the accused fails or refuses to plead; a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty.
History of Section.
G.L. 1956, § 30-13-48; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-49. - Opportunity to obtain witnesses and other evidence.

§ 30-13-49. Opportunity to obtain witnesses and other evidence.
(a)
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.
(b)
The president of a court-martial or a summary court officer may:
(1)
Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(2)
Issue subpoenas duces tecum and other subpoenas;
(3)
Enforce, by attachment, the attendance of witnesses and the production of books and papers; and
(4)
Sentence persons for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(c)
Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
History of Section.
G.L. 1956, § 30-13-49; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-50. - Refusal to appear or testify.

§ 30-13-50. Refusal to appear or testify.
Any person not subject to this code who:
(1)
Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before a military court;
(2)
Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior courts of the state; and
(3)
Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the state and a military court may punish that person in the same manner as the civil courts of the state.
History of Section.
G.L. 1956, § 30-13-50; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-51. - Contempt.

§ 30-13-51. Contempt.
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty (30) days or a fine of one hundred dollars ($100), or both.
History of Section.
G.L. 1956, § 30-13-51; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-52. - Depositions.

§ 30-13-52. Depositions.
(a)
At any time after charges have been signed, as provided in § 30-13-32, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(b)
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c)
Depositions may be taken before, and authenticated by, any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(d)
A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(1)
That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;
(2)
That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(3)
That the present whereabouts of the witness is unknown.
History of Section.
G.L. 1956, § 30-13-52; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-53. - Admissibility of records of courts of inquiry.

§ 30-13-53. Admissibility of records of courts of inquiry.
(a)
In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and had the opportunity to cross-examine the witness and if the same issue was involved or if the accused consents to the introduction of the evidence.
(b)
This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c)
This testimony may also be read in evidence before a court of inquiry or a military board.
History of Section.
G.L. 1956, § 30-13-53; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-54. - Voting and rulings by court-martial.

§ 30-13-54. Voting and rulings by court-martial.
(a)
Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot, provided that, upon questions of challenge, the challenged member shall not be entitled to vote. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(b)
The law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any ruling made by the law officer of a general court-martial or by the president of a special court-martial upon any interlocutory question other than a motion for a finding of not guilty, or the question of the accused’s sanity, is final and constitutes the ruling of the court. However, the law officer or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote, as provided in § 30-13-55, beginning with the junior in rank.
(c)
Before a vote is taken on the findings, the law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(1)
That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;
(2)
That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;
(3)
That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4)
That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
History of Section.
G.L. 1956, § 30-13-54; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-55. - Number of votes required.

§ 30-13-55. Number of votes required.
(a)
No person may be convicted of an offense, except by concurrence of two-thirds (⅔) of the members present at the time the vote is taken.
(b)
All sentences shall be determined by the concurrence of two-thirds (⅔) of the members present at the time that the vote is taken.
(c)
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
History of Section.
G.L. 1956, § 30-13-55; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-56. - Court to announce action.

§ 30-13-56. Court to announce action.
A court-martial shall announce its findings and sentence to the parties as soon as determined.
History of Section.
G.L. 1956, § 30-13-56; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-57. - Record of trial.

§ 30-13-57. Record of trial.
(a)
Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signatures of the president and the law officer. If the record cannot be authenticated by either the president or the law officer by reason of his or her death, disability, or absence, it shall be signed by a member in lieu of him or her. If both the president and the law officer are unavailable, the record shall be authenticated by two (2) members. A record of the proceedings of a trial in which the sentence adjudged includes dishonorable discharge, dismissal, or bad-conduct discharge, or is more than that which could be adjudged by a special court-martial, shall contain a verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matters and be authenticated in such a manner as the governor may by regulation prescribe.
(b)
A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection (a) of this section, but has been made, the accused may buy the verbatim record under such regulations as the governor may prescribe.
History of Section.
G.L. 1956, § 30-13-57; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-58. - Cruel and unusual punishment prohibited.

§ 30-13-58. Cruel and unusual punishment prohibited.
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
History of Section.
G.L. 1956, § 30-13-58; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-59. - Maximum limits.

§ 30-13-59. Maximum limits.
The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code.
History of Section.
G.L. 1956, § 30-13-59; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-60. - Effective date of sentences.

§ 30-13-60. Effective date of sentences.
(a)
Whenever a sentence of a court-martial lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(b)
Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.
(c)
All other sentences of courts-martial are effective on the date ordered executed.
History of Section.
G.L. 1956, § 30-13-60; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-61. - Execution of confinement.

§ 30-13-61. Execution of confinement.
(a)
A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.
(b)
The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(c)
The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such a person as the governor may authorize to act under § 30-13-11, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
History of Section.
G.L. 1956, § 30-13-61; P.L. 1962, ch. 82, § 1.
2023 Rhode Island General Laws › Title 30 - Military Affairs and Defense › Chapter 30-13 - Rhode Island Code of Military Justice › Section 30-13-62. - Approval of sentence.

§ 30-13-62. Approval of sentence.
Except as provided in §§ 30-13-22 and 30-13-68, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her and his or her staff judge advocate or, in the absence of a staff judge advocate on the staff of the convening authority, by the staff judge advocate of the next highest command. The convening authority shall approve the sentence or such a part, amount, or commuted form of the sentence as the convening authority sees fit, and may suspend the execution of the sentence as approved by him or her.
History of Section.
G.L. 1956, § 30-13-62; P.L. 1962, ch. 82, § 1.