reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 44. Militia › §44-827. Detail of trial counsel and defense counsel.

ARTICLE 27. Detail of trial counsel and defense counsel.
A. 1. Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Adjutant General shall promulgate regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial.
2. No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
B. Trial counsel, defense counsel, or assistant defense counsel detailed for a general or a special court-martial:
1. Shall be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state; and
2. Shall be certified as competent to perform such duties by the senior force component judge advocate of the same force component of the state military forces of which he or she is a member.
C. Any costs arising from the detailing of a military defense counsel from a National Guard organization other than the Oklahoma National Guard may be reimbursed out of funds available in the Military Justice Fund established in Section 941 of this title.
Added by Laws 2019, c. 408, § 34, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-828. Detail or employment of reporters and interpreters.

ARTICLE 28. Detail or employment of reporters and interpreters.
Under such regulations as the Adjutant General may prescribe, the convening authority of a 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 court-martial or court of inquiry may detail or employ interpreters who shall interpret for the court.
Added by Laws 2019, c. 408, § 35, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-829. Assembly and impaneling of members - Detail of new members and military judges.

ARTICLE 29. Assembly and impaneling of members; detail of new members and military judges.
A. The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused:
1. As a result of a challenge;
2. Under subparagraph b of paragraph 1 of subsection B of this section; or
3. By order of the military judge or the convening authority for disability or other good cause.
B. 1. Under rules promulgated by the Adjutant General, the military judge of a general or special court-martial with members shall:
a.
after determination of challenges, impanel the court-martial, and
b.
excuse the members who, having been assembled, are not impaneled.
2. In a general court-martial, the military judge shall impanel eight members.
3. In a special court-martial, the military judge shall impanel four members.
C. In addition to members specified in subsection B of this section, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
D. 1. If, after members are impaneled, the membership of the court-martial is reduced to:
a.
fewer than six members with respect to a general court-martial, or
b.
fewer than four members with respect to a special court-martial,
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph 2 of this subsection.
2. The membership referred to in paragraph 1 of this subsection is as follows:
a.
at least six but not more than eight members with respect to a general court-martial, and
b.
four members with respect to a special court-martial.
E. If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.
F. 1. In the case of new members detailed under subsection D of this section, the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.
2. In the case of a new military judge under subsection E of this section, the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.
Added by Laws 2019, c. 408, § 36, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-830. Charges and specifications.

ARTICLE 30. Charges and specifications.
A. Charges and specifications:
1. May be preferred only by a person subject to the Oklahoma Uniform Code of Military Justice; and
2. Shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.
B. The writing specified in paragraph 2 of subsection A of this section shall state that the signer:
1. Has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and
2. The matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
C. When charges and specifications are preferred under subsection A of this section, the proper authority shall, as soon as practicable:
1. Inform the person accused of the charges and specifications; and
2. Determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
Added by Laws 2019, c. 408, § 37, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-830A. Certain proceedings conducted before referral.

ARTICLE 30A. Certain proceedings conducted before referral.
A. In general.
1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by the Adjutant General:
a.
prereferral investigative subpoenas,
b.
prereferral warrants or orders for electronic communications, and
c.
prereferral matters under subsection D of Section 806B of Title 44 of the Oklahoma Statutes (Article 6B, subsection D).
2. The regulations promulgated under paragraph 1 of this subsection shall:
a.
include procedures for the review of such rulings that may be ordered under this section as the Adjutant General considers appropriate, and
b.
provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.
3. If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military trial judge detailed to the court-martial.
B. Detail of military trial judge. The Adjutant General shall promulgate regulations providing for the manner in which military trial judges are detailed to proceedings under subsection A of this section.
C. Detail or employment of military magistrate. The Adjutant General may promulgate regulations providing for the detailing or employment of military magistrates who, other than a proceeding described in subparagraph a of paragraph 1 of subsection A of this section, may preside over the proceedings provided for in subparagraphs b and c of paragraph 1 of subsection A of this section.
Added by Laws 2021, c. 12, § 17, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-831. Compulsory self-incrimination prohibited.

ARTICLE 31. Compulsory self-incrimination prohibited.
A. No person subject to the Oklahoma Uniform Code of Military Justice shall 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 the Code shall 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 the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in an administrative board proceeding, in nonjudicial punishment, or in a trial by court-martial.
C. No person subject to the Code shall compel any person to make a statement or produce evidence in the course of an administrative board proceeding, nonjudicial punishment or before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.
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 the person in an administrative board proceeding, in nonjudicial punishment or in a trial by court-martial.
Added by Laws 2019, c. 408, § 38, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-833. Disposition guidance.

ARTICLE 33. Disposition guidance.
The Adjutant General shall issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under Sections 830 and 834 of this title (Articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the United States Attorney General to attorneys for the government with respect to disposition of federal criminal cases in accordance with the principle of fair and evenhanded administration of federal criminal law.
Added by Laws 2019, c. 408, § 40, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-834. Advice to convening authority before referral for trial.

ARTICLE 34. Advice to convening authority before referral for trial.
A. General court-martial.
1. Staff judge advocate advice required before referral. Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff judge advocate shall provide to the convening authority in writing. The convening authority may not refer a specification under a charge to a general court-martial unless the staff judge advocate advises the convening authority in writing that:
a.
the specification alleges an offense under the Oklahoma Uniform Code of Military Justice,
b.
there is probable cause to believe that the accused committed the offense charged, and
c.
a court-martial would have jurisdiction over the accused and the offense.
2. Staff judge advocate recommendation as to disposition. Together with the written advice provided under paragraph 1 of this subsection, the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.
3. Staff judge advocate advice and recommendation to accompany referral. When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph 1 of this subsection and the written recommendation of the staff judge advocate under paragraph 2 of this subsection with respect to each specification shall accompany the referral.
B. Special court-martial; convening authority consultation with judge advocate. Before referral of charges and specifications to a special court-martial for trial, the convening authority shall consult a judge advocate on relevant legal issues.
C. General and special courts-martial; correction of charges and specifications before referral. Before referral for trial by general court-martial or special court-martial, changes may be made to charges and specifications:
1. To correct errors in form; and
2. When applicable, to conform to the substance of the evidence contained in a report under subsection C of Section 832 of this title (Article 32, subsection C).
D. Referral defined. In this section, the term "referral" means the order of a convening authority that charges and specifications against an accused be tried by a specified court-martial.
Added by Laws 2019, c. 408, § 41, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-835. Service of charges - Commencement of trial.

ARTICLE 35. Service of charges; commencement of trial.
A. In general. Trial counsel detailed for a court-martial under Section 827 of this title (Article 27) shall cause to be served upon the accused a copy of the charges and specifications referred for trial.
B. Commencement of trial.
1. Subject to paragraph 2 of this subsection, no trial or other proceeding of a general court-martial or a special court-martial, including any session under subsection A of Section 839 of this title (Article 39, subsection A) may be held over the objection of the accused:
a.
with respect to a general court-martial, from the time of service through the fifth day after the date of service, or
b.
with respect to a special court-martial, from the time of service through the third day after the date of service.
2. An objection under paragraph 1 of this subsection may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable periods under subparagraph a or b of paragraph 1 of this subsection. If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.
C. Continuances. Upon a showing of good cause, the military judge in a general or special court-martial may grant a continuance of any hearing in which the presence of the accused is required.
Added by Laws 2019, c. 408, § 42, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-836. Procedure for courts-martial.

ARTICLE 36. Procedure for courts-martial.
A. The procedure, in all cases tried by courts-martial under the Oklahoma Uniform Code of Military Justice, shall be the federal Rules for Courts-Martial, as prescribed in the most recent edition of the Manual for Courts-Martial, United States, including all amendments thereto adopted from time to time, except when such rules are contrary to or inconsistent with the Code.
B. The federal Military Rules of Evidence shall govern the modes of proof in all cases tried by courts-martial under the Code, as prescribed in the most recent edition of the Manual for Courts-Martial, United States, including all amendments thereto adopted from time to time, except when such rules are contrary to or inconsistent with the Code.
C. The Governor or Adjutant General may promulgate additional regulations applicable to courts-martial procedure. All regulations made under this section shall be uniform insofar as practicable.
Added by Laws 2019, c. 408, § 43, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-837. Unlawfully influencing action of court.

ARTICLE 37. Unlawfully influencing action of court.
A. No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military judge, 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 the Oklahoma Uniform Code of Military Justice shall attempt to coerce or, by an unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, 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. The foregoing provisions of this subsection shall not apply with respect to:
1. General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
2. To statements and instructions given in open court by the military judge or counsel.
B. In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained, no person subject to the Code may, in preparing any such report:
1. Consider or evaluate the performance of duty of any such member as a member of a court-martial; or
2. Give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.
Added by Laws 2019, c. 408, § 44, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-839. Sessions.

ARTICLE 39. Sessions.
A. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 835 of this title (Article 35), call the court into session without the presence of the members for the purpose of:
1. Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
2. Hearing and ruling upon any matter which may be ruled upon by the military judge under the Oklahoma Uniform Code of Military Justice, whether or not the matter is appropriate for later consideration or decision by the members of the court;
3. Holding the arraignment and receiving the pleas of the accused;
4. Conducting a sentencing proceeding and sentencing the accused under paragraph 1 of subsection B of Section 853 of this title (Article 53, subsection B, paragraph 1); and
5. Performing any other procedural function which may be performed by the military judge under the Code or under rules prescribed pursuant to Section 836 of this title (Article 36) and which does not require the presence of the members of the court.
B. Proceedings under subsection A of this section shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to Section 829 of this title (Article 29). If authorized by regulations promulgated by the Adjutant General, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology, such as video-teleconferencing technology.
C. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
D. The findings, holdings, interpretations, and other precedents of military commissions under Chapter 47A of Title 10 of the United States Code:
1. May not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under the Code; and
2. May not form the basis of any holding, decision, or other determination of a court-martial.
Added by Laws 2019, c. 408, § 46, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-840. Continuances.

ARTICLE 40. Continuances.
The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-841. Challenges.

ARTICLE 41. Challenges.
A. 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and 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.
2. If exercise of a challenge for cause reduces the court below the number of members required by Section 816 of this title (Article 16), all parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
B. 1. Each accused and the trial counsel are entitled initially to one peremptory challenge of the members of the court. The military judge may not be challenged except for cause.
2. If exercise of a peremptory challenge reduces the court below the number of members required by Section 816 of this title (Article 16), the parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.
C. Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
Added by Laws 2019, c. 408, § 48, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-842. Oaths.

ARTICLE 42. Oaths.
A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations promulgated by the Adjutant General. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person is detailed to that duty.
B. Each witness before a court-martial shall be examined on oath.
Added by Laws 2019, c. 408, § 49, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-844. Former jeopardy.

ARTICLE 44. Former jeopardy.
A. No person may, without his or her consent, be tried a second time for the same offense.
B. No proceeding in which an accused has been found guilty by 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. 1. A court-martial with a military judge alone is a trial for the purposes of this section if, without fault of the accused:
a.
after introduction of evidence, and
b.
before announcement of findings under Section 853 of this title (Article 53),
the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
2. A court-martial with a military judge and members is a trial in the sense of this section if, without fault of the accused:
a.
after the members, having taken an oath as members under Section 842 of this title (Article 42) and after completion of challenges under Section 841 of this title (Article 41), are impaneled, and
b.
before announcement of findings under Section 853 of this title (Article 53),
the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
Added by Laws 2019, c. 408, § 51, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-845. Pleas of the accused.

ARTICLE 45. Pleas of the accused.
A. Irregular and similar pleas. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he or she has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she 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.
B. Pleas of guilty. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
C. Harmless error. A variance from the requirements of this section is harmless error if the variance does not materially prejudice the substantial rights of the accused.
Added by Laws 2019, c. 408, § 52, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-849. Depositions.

ARTICLE 49. Depositions.
A. In general.
1. Subject to paragraph 2 of this subsection, a convening authority or a military judge may order depositions at the request of any party.
2. A deposition may be ordered under paragraph 1 of this subsection only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial or court of inquiry.
3. A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition.
4. A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows:
a.
whenever practicable, by an impartial judge advocate certified under subsection B of Section 827 of this title (Article 27, subsection B), and
b.
in exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by:
(1)
the laws of the United States, or
(2)
the laws of the place where the deposition is taken.
B. Representation by counsel. Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under Section 827 of this title (Article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel is provided for in subsection B of Section 838 of this title (Article 38, subsection B).
C. Admissibility and use as evidence. A deposition order under subsection A of this section does not control the admissibility of the deposition in a court-martial or other proceeding under the Oklahoma Uniform Code of Military Justice. A party may use all or part of a deposition as provided by the federal Military Rules of Evidence.
Added by Laws 2019, c. 408, § 56, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-850. Admissibility of sworn testimony from records of courts of inquiry.

ARTICLE 50. Admissibility of sworn testimony from records of courts of inquiry.
A. Use as evidence by any party. 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 if the same issue was involved or if the accused consents to the introduction of such evidence.
B. Use as evidence by defense. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
C. Use in courts of inquiry and military boards. Such testimony may also be read in evidence before a court of inquiry or an administrative board.
D. Audiotape or videotape. Sworn testimony that:
1. Is recorded by audiotape, videotape, or similar method; and
2. Is contained in the duly authenticated record of proceedings of a court of inquiry,
shall be admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under this section.
Added by Laws 2019, c. 408, § 57, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-850A. Defense of lack of mental responsibility.

ARTICLE 50A. Defense of lack of mental responsibility.
A. It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
B. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
C. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused:
1. Guilty;
2. Not guilty; or
3. Not guilty only by reason of lack of mental responsibility.
D. Subsection C of this section does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused:
1. Guilty;
2. Not guilty; or
3. Not guilty only by reason of lack of mental responsibility.
E. Notwithstanding the provisions of Section 852 of this title (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if:
1. A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
2. In the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
Added by Laws 2019, c. 408, § 58, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-851. Voting and rulings.

ARTICLE 51. Voting and rulings.
A. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall 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 military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.
C. Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:
1. That the accused shall 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 shall be resolved in favor of the accused and he or she shall be acquitted;
3. That, if there is reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and
4. That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the government.
D. This section does not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
Added by Laws 2019, c. 408, § 59, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-852. Votes required for conviction, sentencing and other matters.

ARTICLE 52. Votes required for conviction, sentencing and other matters.
A. In general. No person may be convicted of an offense in a general or special court-martial, other than:
1. After a plea of guilty under subsection B of Section 845 of this title (Article 45, subsection B);
2. By a military judge in a court-martial with a military judge alone, under Section 816 of this title (Article 16); or
3. In a court-martial with members under Section 816 of this title (Article 16), by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.
B. Level of concurrence required.
1. In general. Except as provided in paragraph 2 of subsection A of this section, all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
2. Sentencing. All sentences imposed by members under the Oklahoma Uniform Code of Military Justice shall be determined by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.
Added by Laws 2019, c. 408, § 60, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-853. Findings and sentencing.

ARTICLE 53. Findings and sentencing.
A. A court-martial shall announce its findings and sentence to the parties as soon as determined.
B. Sentencing generally.
1. General and special courts-martial.
a.
Sentencing by military judge. Except as provided in subparagraph b of this paragraph, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused.
b.
Sentencing by members. If the accused is convicted of an offense by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under Section 825 of this title (Article 25), the members shall sentence the accused.
c.
Sentence of the accused. The sentence determined pursuant to this paragraph constitutes the sentence of the accused.
2. Summary courts-martial. If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
Added by Laws 2019, c. 408, § 61, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-853A. Plea agreements.

ARTICLE 53A. Plea agreements.
A. In general.
1. At any time before the announcement of findings under Section 853 of this title (Article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as:
a.
the manner in which the convening authority will dispose of one or more charges and specifications, and
b.
limitations on the sentence that may be adjudged for one or more charges and specifications.
2. The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
B. Limitation on acceptance of plea agreements. The military judge of a general or special court-martial shall reject a plea agreement that:
1. Contains a provision that has not been accepted by both parties; or
2. Contains a provision that is not understood by the accused.
C. Binding effect of plea agreement. Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.
Added by Laws 2019, c. 408, § 62, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-854. Record of trial.

ARTICLE 54. Record of trial.
A. General and special courts-martial. Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the Adjutant General may prescribe by regulation.
B. Summary courts-martial. Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the Adjutant General may prescribe.
C. Contents of record.
1. Except as provided in paragraph 2 of this subsection, the record shall contain such matters as the Adjutant General may prescribe by regulation.
2. In accordance with regulations prescribed by the Adjutant General, a complete record of proceedings and testimony shall be prepared in any case of a sentence of dismissal, discharge, confinement for more than six (6) months, or forfeiture of pay for more than six (6) months.
D. A copy to the accused. 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 certified.
E. Copy to victim. In the case of a general or special court-martial upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The record of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.
Added by Laws 2019, c. 408, § 63, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-855. Cruel and unusual punishments prohibited.

ARTICLE 55. Cruel and unusual punishments 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 the Oklahoma Uniform Code of Military Justice. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Added by Laws 2019, c. 408, § 64, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-856. Sentencing.

ARTICLE 56. Sentencing.
A. Sentence maximums. The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or Adjutant General may prescribe for that offense.
B. Imposition of sentence.
1. In general. In sentencing an accused under Section 853 of this title (Article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the state military forces, taking into consideration:
a.
the nature and circumstances of the offense and the history and characteristics of the accused,
b.
the impact of the offense on:
(1)
the financial, social, psychological, or medical well-being of any victim of the offense, and
(2)
the mission, discipline, or efficiency of the command of the accused and any victim of the offense,
c.
the need for the sentence:
(1)
to reflect the seriousness of the offense,
(2)
to promote respect for the law,
(3)
to provide just punishment for the offense,
(4)
to promote adequate deterrence of misconduct,
(5)
to protect others from further crimes by the accused,
(6)
to rehabilitate the accused, and
(7)
to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service, and
d.
the sentences available under this chapter.
2. Sentencing by military judge. In announcing the sentence in a general or special court-martial in which the accused is sentenced by a military judge alone under Section 853 of this title (Article 53), the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.
3. Sentencing by members. In a general or special court-martial in which the accused has elected sentencing by members, the court-martial shall announce a single sentence for all of the offenses of which the accused was found guilty.
C. Appeal of sentence by the State of Oklahoma.
1. With the approval of the State Judge Advocate and consistent with standards and procedures set forth in regulations prescribed by the Governor or the Adjutant General, the government may appeal a sentence to the Military Court of Appeals, on the grounds that:
a.
the sentence violates the law, or
b.
the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the Governor or the Adjutant General.
2. An appeal under this subsection shall be filed within sixty (60) days after the date on which the judgment of a court-martial is entered into the record under Section 860C of this title (Article 60C).
Added by Laws 2019, c. 408, § 65, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-858. Execution of confinement.

ARTICLE 58. Execution of confinement.
A. Under such regulations as the Governor or Adjutant General may prescribe, a sentence of confinement adjudged by a court-martial, 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 the state military forces or in any penal or correctional institution used or under the control of the Oklahoma Department of Corrections. Persons so confined in a penal or correctional institution not under the control of the state military forces are subject to the same discipline and treatment as persons confined or committed by the courts of this state.
B. No confinement ordered by a court-martial shall include hard labor.
Added by Laws 2019, c. 408, § 67, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-858A. Sentences - Reduction in enlisted grade.

ARTICLE 58A. Sentences: reduction in enlisted grade.
A. A court-martial sentence of an enlisted member in a pay grade above E-1, as set forth in the judgment of the court-martial entered into the record under Section 860C of this title (Article 60C), that includes:
1. A dishonorable or bad-conduct discharge; or
2. Confinement,
reduces that member to pay grade E-1, if such a reduction is authorized by regulation prescribed by the Governor or Adjutant General. The reduction in pay grade shall take effect on the date on which the judgment is so entered.
B. If the sentence of a member who is reduced in pay grade under subsection A of this section is set aside or reduced, or, as finally affirmed, does not include any punishment named in paragraphs 1 or 2 of subsection A of this section, the rights and privileges of which he or she was deprived because of that reduction shall be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had he or she not been so reduced.
Added by Laws 2019, c. 408, § 68, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-858B. Sentences - Forfeiture of pay and allowances during confinement.

ARTICLE 58B. Sentences: forfeiture of pay and allowances during confinement.
A. 1. A court-martial sentence described in paragraph 2 of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under Section 857 of this title (Article 57) and may be deferred as provided in that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds (2/3) of all pay due that member during such period.
2. A sentence covered by this section is any sentence that includes:
a.
confinement for more than six (6) months; or
b.
confinement for six (6) months or less and a dishonorable or bad-conduct discharge or dismissal.
B. In a case involving an accused who has dependents, the convening authority or other person acting under Section 860A or 860B of this title (Article 60A or 60B) may waive any or all of the forfeitures of pay and allowances required by subsection A of this section for a period not to exceed six (6) months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
C. If the sentence of a member who forfeits pay and allowances under subsection A of this section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph 2 of subsection A of this section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period which the forfeiture was in effect.
Added by Laws 2019, c. 408, § 69, eff. Oct. 1, 2019.