reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 44. Militia › §44-232.4. Rules and regulations for use and oversight of facilities.

The Adjutant General or a representative may establish and proscribe by policy the applicable rules and regulations for the use and operation, management, rental, and fiscal oversight for facilities owned or controlled by the Military Department.
Added by Laws 1951, p. 124, § 4, emerg. eff. May 16, 1951. Amended by Laws 2006, c. 254, § 3, eff. July 1, 2006; Laws 2011, c. 124, § 8, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.2. Agreement with United States.

A. The Adjutant General is hereby authorized and directed to enter into, in the name of the state, and to take all actions necessary to execute the terms of a National Guard armory building construction or expansion, rehabilitation or conversion of existing building agreements with the United States of America.
B. The Adjutant General is hereby authorized to execute agreements with the federal government for reimbursement to the Oklahoma Military Department for the use and operation of Oklahoma Military Department state-owned vehicles and equipment in support of the federally reimbursable programs through cooperative agreements with the National Guard Bureau.
Added by Laws 1953, p. 177, § 2, emerg. eff. June 3, 1953. Amended by Laws 1955, p. 254, § 1, emerg. eff. March 18, 1955; Laws 1971, c. 216, § 1; Laws 1985, c. 147, § 1, eff. July 1, 1985; Laws 2011, c. 124, § 9, eff. Nov. 1, 2011; Laws 2016, c. 213, § 1, eff. July 1, 2016 and Laws 2016, c. 268, § 4, eff. Nov. 1, 2016.
NOTE: Laws 2016, c. 213, § 1 and Laws 2016, c. 268, § 4 made identical changes to this section of statute.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.3. Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

A. The Adjutant General or a representative of the State of Oklahoma is hereby authorized and directed to enter into contracts in the name of the state for the purpose of this title and shall:
1. Result in contracts awarded to the lowest and best bidder, approved by the Department of the Army or other representative federal agency, and that any contractor, to whom a contract may be awarded hereunder, shall execute with a qualified surety company, doing business in this state, as surety, bonds in such amounts and with such conditions as prescribed by law and by the Department of the Army or other representative federal agency. Such bonds shall be upon a form with such conditions and in such amounts as may meet the requirements of the representative federal agency and in such further amounts as willfully protect and cover the construction contributions of the state;
2. Assure that any contracts requiring federal funds are awarded in the same federal fiscal year of appropriation by Congress;
3. Result in full compliance with federal military construction standards; and
4. Result in full compliance with all state building codes.
B. The Adjutant General is authorized to sell or dispose of property and improvements thereon. The Adjutant General is authorized to demolish structures owned or controlled by the Military Department. The Adjutant General may transfer title to any property and improvements thereon to a municipality, county, state agency, or other public or non-profit entity. The Oklahoma Military Department shall be exempt from the Oklahoma Surplus Property Act for purposes of selling surplus property. Necessary deeds and other conveyances shall be executed by the Adjutant General in the name of the State of Oklahoma.
Proceeds of the sale or other disposition of such property shall be deposited in a revolving fund in the State Treasury designated as the Surplus Property Revolving Fund of the Oklahoma Military Department. Monies deposited in such revolving fund may be expended by the Adjutant General, for construction, repairs, and maintenance, or equipment for facilities of the Oklahoma National Guard.
Added by Laws 1953, p. 177, § 3, emerg. eff. June 3, 1953. Amended by Laws 1985, c. 147, § 2, eff. July 1, 1985; Laws 2004, c. 138, § 1, eff. Nov. 1, 2004; Laws 2005, c. 130, § 4, eff. Nov. 1, 2005; Laws 2008, c. 172, § 4, eff. Nov. 1, 2008; Laws 2011, c. 124, § 10, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.5. Conveyance of sites by political subdivisions.

The governing body of any school district, town, city, county or any other political subdivision of state government is hereby authorized to convey to this state, title or other adequate property interest to acceptable and suitable real estate under its control and proper jurisdiction as sites for the construction, erection and completion of facilities under Section 233.2 et seq. of this title, and any individual and any corporation is authorized to convey by deed to this state, any of his, her or its lands, situated in the state for such purpose and use.
Added by Laws 1953, p. 178, § 5, emerg. eff. June 3, 1953. Amended by Laws 2007, c. 86, § 161, emerg. eff. May 1, 2007; Laws 2011, c. 124, § 11, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.7. Oklahoma Military Department Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Oklahoma Military Department Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received by the Oklahoma Military Department from the sale of surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, gifts, bequests, contributions, devises, any other source, and the proceeds of property sold or otherwise disposed of pursuant to the provisions of subsection B of Section 233.3 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Military Department for construction, repairs, and maintenance, equipment for facilities of the Oklahoma National Guard, or for operating expenses of the Oklahoma Military Department. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. All monies in the fund may, at the direction of the Adjutant General, be invested by the State Treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise accrue to the credit of the fund.
Added by Laws 1985, c. 147, § 4, eff. July 1, 1985. Amended by Laws 1986, c. 210, § 9, operative July 1, 1986; Laws 2008, c. 172, § 5, eff. Nov. 1, 2008; Laws 2012, c. 304, § 155.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.10a. Purchase of computer hardware or software.

The Military Department of the State of Oklahoma may purchase computer hardware or software or any services related to software development, software modifications, or any other services related to the operation and maintenance of computer hardware or software or both independently and without prior approval from the Office of Management and Enterprise Services Information Services Division.
Added by Laws 2022, c. 74, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.11. Contracts for professional services.

The Oklahoma Military Department is hereby authorized to enter into agreements and contracts with licensed individuals, partnerships, corporations or firms for professional services for the development of designs, plans, and specifications, and further, the construction, renovation, and remodeling of buildings, structures, or equipment deemed necessary and appropriate by the Adjutant General.
Added by Laws 1990, c. 258, § 38, operative July 1, 1990. Amended by Laws 2011, c. 124, § 12, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.

For the determination of compliance with limits set forth in the Oklahoma Central Purchasing Act, each federal program administered by the Military Department of the State of Oklahoma shall, if the agency has a Certified Procurement Officer assigned to each program and makes purchases in compliance with internal purchasing procedures of the Military Department, be regarded as an individual purchasing entity.
Added by Laws 2021, c. 439, § 1, emerg. eff. May 7, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.13. Authority to purchase products through a General Services Administration contract.

Notwithstanding any other provision of law, the Military Department of the State of Oklahoma shall be authorized to purchase products which are available through a General Services Administration contract. Such products shall not be required to be on a current state contract before a purchase can be made.
Added by Laws 2021, c. 306, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-233.14. Military Justice Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Military Justice Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies directed for deposit to the fund by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Military Department for the purpose of prosecuting military misconduct as needed. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2022, c. 361, § 1, eff. July 1, 2022.
2023 Oklahoma Statutes › Title 44. Militia › §44-235. Creation of Oklahoma National Guard Museum.

There is hereby created the Oklahoma National Guard Museum, to be under the supervision of the Adjutant General. The Adjutant General may appoint an Executive Director to oversee the daily operations and maintenance of the museum and perform other duties as requested by the Adjutant General. Appropriate state agencies are directed to make available, for display of items of historical significance and necessary space for administration, the buildings presently occupied by the Oklahoma Military Department, located in the vicinity of 36th Street and North Eastern in Oklahoma City, Oklahoma. The building herein referred to shall be made available by the Adjutant General as soon as same is no longer needed by and is vacated by the Oklahoma Military Department. The Executive Director, subject to the approval of the Adjutant General, may lease to the 45th Infantry Division Association, for periods not exceeding one (1) year and with provisions for renewal from year to year, an area to be used as a gift shop, if the lease does not interfere with its use by the Oklahoma National Guard Museum. The proceeds of the sales from the gift shop shall remain with the 45th Infantry Division Association for operating purposes.
Added by Laws 1965, H.J.R. No. 546, p. 1233, § 235, emerg. eff. July 24, 1965. Amended by Laws 1975, c. 70, § 1, emerg. eff. April 18, 1975; Laws 2004, c. 138, § 2, eff. Nov. 1, 2004; Laws 2021, c. 143, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-235.1. Oklahoma National Guard Museum Fund.

There is hereby created in the State Treasury a special fund to be known as the "Oklahoma National Guard Museum Fund", which fund shall consist of donations received for operation and maintenance of the museum and monies received from the sale of Armed Forces Veterans Motorcycle License Plates pursuant to Section 1135.5 of Title 47 of the Oklahoma Statutes. The fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Military Department. Expenditures from the fund created by this section shall be used exclusively for expenses of operation and maintenance of the Oklahoma National Guard Museum and shall be made pursuant to the laws of this state and without legislative appropriation. Warrants for expenditures from the fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee of the department and approved for payment by the Director of the Office of Management and Enterprise Services.
Added by Laws 1974, c. 224, § 5, emerg. eff. May 15, 1974. Amended by Laws 1979, c. 47, § 14, emerg. eff. April 9, 1979; Laws 2005, c. 416, § 8, eff. Nov. 1, 2005; Laws 2012, c. 304, § 156; Laws 2021, c. 143, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.

The Adjutant General of Oklahoma is hereby authorized to accept gifts for and on behalf of the state of military artifacts, military books and maps and materials, supplies and equipment which support the construction and operation of the museum which have been or may be specifically donated to the Oklahoma National Guard Museum.
The Executive Director of the Oklahoma National Guard Museum is directed to maintain and preserve appropriate records for all such gifts made to the museum.
Upon declaring that certain military artifacts or military books and maps belonging to the Oklahoma National Guard Museum are surplus to the needs of the museum, the Executive Director of the Oklahoma National Guard Museum is authorized to effect an exchange of the same on an equitable basis for military artifacts or military books and maps needed by the museum and to sell such military artifacts, books and maps and use the proceeds to fund artifact purchases and museum upgrades.
Added by Laws 1981, c. 138, § 1, emerg. eff. May 5, 1981. Amended by Laws 1983, c. 304, § 19, eff. July 1, 1983; Laws 2004, c. 138, § 3, eff. Nov. 1, 2004; Laws 2012, c. 304, § 157; Laws 2021, c. 143, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-237. Oklahoma National Guard Relief Program.

A. The Military Department of the State of Oklahoma shall create the Oklahoma National Guard Relief Program. The program is created for the purpose of providing financial support to members of the Oklahoma National Guard.
B. A review board shall be created for purposes of accepting applications and donations for financial support and to direct the distribution of program monies. The Adjutant General shall appoint current and former members or their spouses of the Oklahoma National Guard to serve as board members without compensation or reimbursement of travel or personal expenses.
C. The Adjutant General is authorized to establish procedures for meetings, qualifying expenses, approvals, and criteria for funding financial hardships in support of the members of the Oklahoma National Guard.
Added by Laws 2005, c. 238, § 1, eff. Nov. 1, 2005. Amended by Laws 2010, c. 212, § 8, emerg. eff. May 6, 2010; Laws 2015, c. 19, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 44. Militia › §44-241. Governor authorized to organize, maintain, etc. - Uniform.

The Governor, pursuant to the authority granted the states by Section 109 of Title 32 of the United States Code or a successor provision, and under such regulations as the Secretary of Defense may prescribe for discipline in training, is hereby authorized to enlist, organize, maintain, equip and discipline such military forces other than the National Guard as he or she may deem necessary to defend the state. Such forces shall be uniformed and subject to Sections 1 through 117, Sections 208 through 237, and Sections 800 through 946 of this title, insofar as such sections do not conflict with Sections 241 through 250 of this title.
Added by Laws 1941, p. 170, § 1, emerg. eff. June 4, 1941. Amended by Laws 1985, c. 96, § 3, eff. Nov. 1, 1985; Laws 2019, c. 408, § 206, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-242. Designation - Composition - Distinct from National Guard - Place of service.

Such military forces shall be designated as the "Oklahoma State Guard" and shall be composed of officers commissioned or assigned, and such able-bodied male citizens of the state as shall volunteer for service therein. They shall be additional to and distinct from the National Guard of the State of Oklahoma, as defined in Title 32 of the United States Code. They shall not be required to serve outside the boundaries of the State of Oklahoma.
Added by Laws 1941, p. 170, § 2, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 207, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-243. Rules and regulations - Arms and equipment - Drill and instruction - Similarity to National Guard - Compensation and allowances.

A. The Governor is hereby authorized to prescribe rules and regulations governing the enlistment, organization, administration, equipment, discipline and discharge of the personnel of such military forces; to requisition from the Secretary of Defense such arms and equipment as may be in the possession of and can be spared by the Department of Defense and to extend thereto the facilities of state armories, Armed Forces Reserve Centers, readiness centers, logistics, aviation, and training facilities, warehouses and their equipment and such other state premises and property as may be available for the purpose of drill and instruction. Insofar as applicable the procedure for the enlistment, organization, pay, maintenance, equipment and disciplining of such forces shall be in conformity with the law and the rules and regulations governing and pertaining to the National Guard; provided, that the officers and enlisted personnel in the Oklahoma State Guard shall not receive any compensation or monetary allowances from the state except when activated for state active duty, as defined in Section 801 of this title, by order of the Governor.
B. Members of the Oklahoma State Guard shall be considered part of state military forces as defined in Section 801 of this title and shall be subject to the Oklahoma Uniform Code of Military Justice.
C. When prescribing the rules and regulations governing enlistment, organization, administration, equipment, discipline and discharge of the personnel of the Oklahoma State Guard, the Governor shall issue such rules and regulations in the form of an executive order or in a series of such orders. An executive order or a series of such orders prescribing the rules and regulations governing enlistment, organization, administration, equipment, discipline and discharge of the personnel of the Oklahoma State Guard shall also be published by the Adjutant General as a military publication.
Added by Laws 1941, p. 170, § 3, emerg. eff. June 4, 1941. Amended by Laws 1985, c. 96, § 4, eff. Nov. 1, 1985; Laws 2019, c. 408, § 208, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-244. Calling into military service of United States not authorized - No exemption from military service.

Nothing in the Oklahoma State Guard Act shall be construed as authorizing such forces, or any part thereof to be called, ordered or in any manner drafted, as such into the military service of the United States, but no person shall by reason of his or her enlistment or commission in any such forces be exempted from military service under any law of the United States.
Added by Laws 1941, p. 170, § 4, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 209, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-245. Persons not to be commissioned or enlisted.

No person shall be commissioned or enlisted in such forces who has been expelled or dishonorably discharged from any military organization of this state, or of another state, or of the United States.
Added by Laws 1941, p. 170, § 5, emerg. eff. June 4, 1941. Amended by Laws 2010, c. 212, § 9, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-247. Term of enlistment - Oath upon enlistment.

No person shall be enlisted for more than one (1) year, but such enlistment may be renewed. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words "Oklahoma State Guard" where necessary.
Added by Laws 1941, p. 171, § 7, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 210, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-248. Exemption from arrest, jury duty and service on posse comitatus.

No officer or enlisted person of the Oklahoma State Guard shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he or she is ordered to attend for military duty. Every officer and enlisted member of such forces shall, during his or her service therein, be exempt from service upon any posse comitatus and from jury duty.
Added by Laws 1941, p. 171, § 8, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 211, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-250. Short title - Oklahoma State Guard Act.

This act shall be known and may be cited as the "Oklahoma State Guard Act".
Added by Laws 1941, p. 171, § 10, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 212, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-800. Short title - Oklahoma Uniform Code of Military Justice.

Sections 800 through 946 of this title shall be known and may be cited as the "Oklahoma Uniform Code of Military Justice". With the Oklahoma Uniform Code of Military Justice, good order and discipline shall be established and safeguarded within state military forces pursuant to Section 40 of Article V of the Oklahoma Constitution.
Added by Laws 2019, c. 408, § 4, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.

ARTICLE 2. Persons subject to the Oklahoma Uniform Code of Military Justice.
A. The Oklahoma Uniform Code of Military Justice applies to all members of the state military forces at all times who are not in active federal service, as defined by Title 10 of the United States Code.
B. Subject matter jurisdiction is established for military offenses if a member of the state military forces is in a duty status under Title 32 of the United States Code or on state active duty orders. Subject matter jurisdiction is also established for military and nonmilitary offenses if more likely than not, a nexus exists between an offense and the state military forces, regardless of a member's duty status. Courts-martial shall have primary jurisdiction over military offenses as defined in the Code.
C. The civilian courts shall have primary jurisdiction over nonmilitary offenses when an act or omission violates both the Code and local 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. When a member is not in a duty status under Title 32 of the United States Code or on state active duty orders, there shall be a rebuttable presumption that subject matter jurisdiction does not exist under the Code. The Governor or Adjutant General may promulgate additional regulations prescribing how a convening authority shall determine the existence of a nexus between a nonmilitary offense and state military forces.
D. Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes shall be determined by the underlying offense.
E. If a commander or officer in charge determines that a nexus exists between a nonmilitary offense and the state military forces, for purposes of administrative action, the commander or officer in charge may impose nonjudicial punishment regardless of whether courts-martial jurisdiction is then possessed or later acquired by the state military forces.
Added by Laws 2019, c. 408, § 6, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 10, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-803. Jurisdiction to try certain personnel.

ARTICLE 3. Jurisdiction to try certain personnel.
A. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 904A of this title, subject to trial by court-martial on that charge and is, after apprehension, subject to the Oklahoma Uniform Code of Military Justice while in custody under the direction of the state military forces for that trial. Upon conviction of the charge, the person shall be subject to trial by court-martial for all offenses under the Oklahoma Uniform Code of Military Justice committed before the fraudulent discharge.
B. No person who has deserted from the state military forces shall be relieved from amenability to the jurisdiction of the Oklahoma Uniform Code of Military Justice by virtue of a separation from any later period of service.
Added by Laws 2019, c. 408, § 7, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.

ARTICLE 5. Territorial applicability of Oklahoma Uniform Code of Military Justice.
The Oklahoma Uniform Code of Military Justice applies at all times and in all places. Courts-martial and courts of inquiry may be convened while state military forces are deployed outside the state with the same jurisdiction and powers as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside of the state.
Added by Laws 2019, c. 408, § 9, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.

ARTICLE 6A. Investigation and disposition of matters pertaining to the fitness of military judges.
The Adjutant General shall promulgate regulations prescribing procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge to perform the duties of the judge's position. To the extent practicable, the procedures shall be uniform for both force components.
Added by Laws 2019, c. 408, § 11, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-807. Apprehension.

ARTICLE 7. Apprehension.
A. Apprehension is the taking of a person into custody.
B. Any person authorized by the Oklahoma Uniform Code of Military Justice or by Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to apprehend persons subject to the Oklahoma Uniform Code of Military Justice, any marshal of a court-martial appointed pursuant to the provisions of the Code, and any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
C. Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to the Code and to apprehend persons subject to the Code who take part therein.
Added by Laws 2019, c. 408, § 13, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-808. Warrant of arrest, issuance, contents, service.

ARTICLE 8. Warrant of arrest, issuance, contents, service.
A. A warrant of arrest for the purposes of securing the presence of an accused at any court-martial proceedings or in execution of a sentence of confinement may be issued by a general or special court-martial convening authority.
B. The warrant issued under this section shall:
1. Be in writing and in the name of the State of Oklahoma;
2. State the date when issued and the municipality or county where issued;
3. State the name and rank of the person to be arrested;
4. State the offense charged against the person to be arrested;
5. Command that the person against whom the complaint was made be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed in custody as directed, and booked;
6. Be signed by an authorized officer of the armed forces of this state; and
7. Specify the amount of bail.
C. The warrant shall be directed to all peace officers in the state or federal government and the provost marshal of the Oklahoma National Guard. Such officers shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.
Added by Laws 2019, c. 408, § 14, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-809. Imposition of restraint.

ARTICLE 9. Imposition of restraint.
A. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing that person to remain within certain specified limits. Confinement is the physical restraint of a person.
B. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to the Oklahoma Uniform Code of Military Justice. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.
C. A commissioned officer or a warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he or she 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 shall not be delegated.
D. No person may be ordered into arrest or confinement except for probable cause.
E. Nothing in this section limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Added by Laws 2019, c. 408, § 15, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-810. Restraint of persons charged.

ARTICLE 10. Restraint of persons charged.
A. 1. Unless otherwise provided in paragraph 2 of this subsection, any person subject to the Oklahoma Uniform Code of Military Justice who is charged with an offense under the Code may be ordered into arrest or confinement, as the circumstances require.
2. When a person subject to the Code is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.
B. 1. When a person subject to the Code is ordered into arrest or confinement before trial, immediate steps shall be taken:
a.
to inform the person of the specific offense of which the person is accused, and
b.
to try the person or to dismiss the charges and release the person.
2. To facilitate compliance with paragraph 1 of this subsection, the Adjutant General shall promulgate regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under Section 832 of this title (Article 32).
Added by Laws 2019, c. 408, § 16, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-811. Place of confinement, reports and receiving of prisoners.

ARTICLE 11. Place of confinement, reports and receiving of prisoners.
A. Persons confined before or during trial by court-martial shall be confined in any place of confinement under the control of any of the armed forces, in any county jail or in any penal or correctional facility under the control of the Oklahoma Department of Corrections.
B. No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a place of confinement designated in subsection A of this section shall refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by him or her, of the offense charged against the prisoner.
C. Every commander of a guard, master at arms, warden, keeper, or officer of a place of confinement designated in subsection A of this section, to whose charge a prisoner is committed shall, within twenty-four (24) hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment.
Added by Laws 2019, c. 408, § 17, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-812. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.

ARTICLE 12. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.
No member of the state military forces shall be placed in confinement in immediate association with:
1. Enemy prisoners; or
2. Other individuals:
a.
who are detained under the law of war and are foreign nationals, and
b.
who are not members of the armed forces.
Added by Laws 2019, c. 408, § 18, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-813. Punishment prohibited before trial.

ARTICLE 13. Punishment prohibited before trial.
No person, while being held for trial, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon him or her be any more rigorous than the circumstances required to insure his or her presence, but he or she may be subjected to minor punishment during that period for infractions of discipline.
Added by Laws 2019, c. 408, § 19, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-814. Delivery of offenders to civil authorities.

ARTICLE 14. Delivery of offenders to civil authorities.
A. Under such regulations as the Adjutant General may prescribe, a person subject to the Oklahoma Uniform Code of Military Justice who is in a duty status and who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
B. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities of his or her offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of his or her sentence.
Added by Laws 2019, c. 408, § 20, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-816. Courts-martial classified.

ARTICLE 16. Courts-martial classified.
A. The three kinds of courts-martial in the state military forces are the following:
1. General courts-martial, as described in subsection B of this section;
2. Special courts-martial, as described in subsection C of this section; and
3. Summary courts-martial, as described in subsection D of this section.
B. General courts-martial. General courts-martial are of the following two types:
1. A general court-martial consisting of a military judge and eight members, subject to paragraph 3 of subsection E of Section 825 and Section 829 of this title (Article 25, subsection E, paragraph 3, and Article 29); and
2. A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
C. Special courts-martial. Special courts-martial are of the following two types:
1. A special court-martial consisting of a military judge and four members, subject to paragraph 3 of subsection E of Section 825 and Section 829 of this title (Article 25, subsection E, paragraph 3, and Article 29); and
2. A special court-martial consisting of a military judge alone:
a.
if the case is so referred by the convening authority, subject to Section 819 of this title (Article 19) and such limitations as may be prescribed by regulations promulgated by the Adjutant General, or
b.
if the case is referred under paragraph 1 of this subsection and, 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 of a military judge alone and the military judge approves the request.
D. Summary court-martial. A summary court-martial consists of one commissioned officer.
Added by Laws 2019, c. 408, § 22, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-817. Jurisdiction of courts-martial in general.

ARTICLE 17. Jurisdiction of courts-martial in general.
A. Each force component shall have court-martial jurisdiction over all persons subject to the Oklahoma Uniform Code of Military Justice. The exercise of jurisdiction by one force component over personnel of the other force component shall be in accordance with regulations promulgated by the Adjutant General.
B. In all cases, the force component review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under the Code, shall be carried out by the same force component of which the accused is a member.
Added by Laws 2019, c. 408, § 23, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-818. General courts-martial.

ARTICLE 18. General courts-martial.
Subject to Section 817 of this title (Article 17), general courts-martial shall have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitations as the Governor or Adjutant General may prescribe by regulation, adjudge any punishment not forbidden by the Code.
Added by Laws 2019, c. 408, § 24, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-819. Jurisdiction of special courts-martial.

ARTICLE 19. Jurisdiction of special courts-martial.
A. Subject to Section 817 of this title (Article 17), special courts-martial have jurisdiction to try persons subject to the Oklahoma Uniform Code of Military Justice for any offense made punishable by the Code and may, under such limitations prescribed by regulation promulgated by the Governor or Adjutant General, adjudge any punishment not forbidden by the Code except dishonorable discharge, dismissal, confinement for more than one (1) year, forfeiture of pay exceeding two-thirds (2/3) pay per month, or forfeiture of pay for more than one (1) year.
B. Neither confinement for more than six (6) months, nor forfeiture of pay for more than six (6) months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under subparagraph a of paragraph 2 of subsection C of Section 816 of this title (Article 16, subsection C, paragraph 2, subparagraph a).
Added by Laws 2019, c. 408, § 25, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-822. Who may convene general courts-martial.

ARTICLE 22. Who may convene general courts-martial.
A. General courts-martial may be convened by:
1. The Governor;
2. The Adjutant General;
3. Any other commanding officer in the state military forces designated by the Adjutant General; or
4. Any other commanding officer in the state military forces designated by the Governor.
B. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by that superior authority.
Added by Laws 2019, c. 408, § 28, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-823. Who may convene special courts-martial.

ARTICLE 23. Who may convene special courts-martial.
A. Special courts-martial may be convened by:
1. Any person who may convene a general court-martial;
2. The commanding officer of a brigade in the army component of state military forces;
3. The commanding officer of a wing in the air component of state military forces; or
4. Any other commanding officer designated by the Adjutant General.
B. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by that superior authority.
Added by Laws 2019, c. 408, § 29, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 14, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-824. Who may convene summary courts-martial.

ARTICLE 24. Who may convene summary courts-martial.
A. Summary courts-martial may be convened by:
1. Any person who may convene a general or special court-martial;
2. The commanding officer of a battalion in the army component of state military forces;
3. The commanding officer of a group in the air component of state military forces; or
4. Any other commanding officer designated by the Adjutant General.
B. If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by that superior authority.
Added by Laws 2019, c. 408, § 30, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-825. Who may serve on courts-martial.

ARTICLE 25. Who may serve on courts-martial.
A. Any commissioned officer who is a member of the same force component as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
B. Any warrant officer who is a member of the same force component as the accused is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
C. 1. Any enlisted member from the same force component as the accused is eligible to serve on a general or special court-martial for the trial of an enlisted member.
2. Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that:
a.
the membership of the court-martial be comprised entirely of officers, or
b.
enlisted members comprise at least one-third (1/3) of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
3. After such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
D. The accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.
E. 1. No person subject to the Oklahoma Uniform Code of Military Justice may be tried by a court-martial any member of which is junior to him or her in rank or grade.
2. When convening a court-martial, the convening authority shall detail as members thereof such members of the same force component as the accused as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military force is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness or has acted as preliminary hearing officer or as counsel in the same case.
3. The convening authority shall detail not less than the number of members necessary to impanel the court-martial under Section 829 of this title (Article 29).
F. Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under regulations promulgated by the Adjutant General, the convening authority may delegate his or her authority under this subsection to his or her staff judge advocate, to an assistant staff judge advocate or to any other principal assistant.
Added by Laws 2019, c. 408, § 31, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-826A. Military magistrates.

ARTICLE 26A. Military magistrates.
A. Qualifications. A military magistrate:
1. Shall be a member of the bar of a federal court or a member of the bar of the highest court of a state and may be a commissioned officer of the state military forces; and
2. Shall be certified to be qualified, by reason of education, training, experience and judicial temperament, for duty as a military magistrate by the State Judge Advocate.
B. Limitations.
1. Neither the State Judge Advocate nor a senior force component judge advocate shall be detailed or appointed as a military magistrate.
2. When performing the duties provided for in subsection C of Section 17 of this act (Article 30A, subsection C), no person shall be eligible to act as a military magistrate in a case where such person serves as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who could determine or participate in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.
3. When performing the duties provided for in subsection C of this section, no person shall be eligible to act as a military magistrate in a case where such person served as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who determined or participated in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.
4. Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military magistrate so detailed or retained which relates to the military magistrate's performance of duty as a military magistrate.
5. A person shall not act as a military magistrate in any case that he or she is the accuser, a witness or has acted as counsel in the same case.
C. Appellate remand. A military magistrate may be detailed or retained pursuant to this section for purposes of conducting an appellate proceeding on behalf of the Military Court of Appeals ordered pursuant to paragraph 3 of subsection J of Section 866 of Title 44 of the Oklahoma Statutes (Article 66, subsection J, paragraph 3).
D. Duties. In accordance with regulations promulgated by the Adjutant General, in addition to duties when detailed under Section 17 of this act (Article 30A), a military magistrate, who is also a commissioned officer of the state military forces, may be assigned to perform other duties of a nonjudicial nature.
E. The compensation of a military magistrate retained pursuant to this section who is not a member of the Oklahoma National Guard shall be established pursuant to regulations promulgated by the Adjutant General. Such regulations may allow for payment of actual and necessary expenses.
Added by Laws 2021, c. 12, § 16, emerg. eff. April 13, 2021.