reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.18 | Jurisdiction of General Courts-Martial; Punishments.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Subject to section 5924.17 of the Revised Code, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under any limitations that the governor may prescribe, adjudge any of the following punishments:
(1) A fine of not more than two thousand five hundred dollars or confinement for not more than three hundred sixty-five days;
(2) Forfeiture of all pay and allowances;
(3) Reprimand;
(4) Dismissal and dishonorable discharge or a bad conduct discharge;
(5) Reduction of a noncommissioned officer to the lowest or any intermediate rank;
(6) Any combination of the foregoing punishments.
(B) A general court-martial may not adjudge dismissal or dishonorable discharge unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under division (B) of section 5924.27 of the Revised Code is detailed to represent the accused, and a military judge is detailed to the trial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.19 | Jurisdiction of Special Courts-Martial; Punishments.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Subject to section 5924.17 of the Revised Code, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial may adjudge any punishment a general court-martial may adjudge, except that a special court-martial may not impose a fine of more than one thousand dollars, confinement for more than one hundred eighty days for a single offense, or dismissal or dishonorable discharge. A special court-martial may not adjudge a bad-conduct discharge unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under division (B) of section 5924.27 of the Revised Code is detailed to represent the accused, and a military judge is detailed to the trial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.20 | Jurisdiction of Summary Courts-Martial; Punishments.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Subject to section 5924.17 of the Revised Code, summary courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code.
(B) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects to being brought to trial before a summary court-martial. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial, as may be appropriate.
(C) Summary courts-martial may adjudge punishment of a fine not exceeding five hundred dollars, confinement for not more than thirty days, forfeiture of not more than two-thirds of one month's pay, and reduction to the lowest or any intermediate pay grade. For enlisted members in pay grade above E-4, summary courts-martial may not adjudge confinement or reduction except to the next inferior pay grade.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.21 | Concurrent Jurisdiction.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The provisions of this code that confer jurisdiction on courts-martial do not deprive military commissions, provost courts, other military tribunals, or state or federal courts of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, other military tribunals, or state or federal courts.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.22 | Convening General Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
In the organized militia not in federal service, the governor, adjutant general, assistant adjutant general for army, or assistant adjutant general for air may convene general courts-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.23 | Convening Special Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
In the organized militia not in federal service, any commander authorized by regulation in the grade of colonel or a higher grade may convene special courts-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.24 | Convening Summary Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
In the organized militia not in federal service, any commander authorized by regulation in the grade of lieutenant colonel or a higher grade may convene a summary court-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.25 | Service on Courts-Martial.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Any commissioned officer in a duty status 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 in a duty status 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 of the organized militia in a duty status who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of the organized militia who may lawfully be brought before such courts for trial if, before the conclusion of a session called by the military judge or, in the absence of a session called by the military judge, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If enough enlisted members cannot be obtained, the court may be assembled and trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
(2) As used in division (C) of this section, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.
(D)(1) If it can be avoided, a person subject to this code shall not be tried by a court-martial, any member of which is junior to the person in rank or grade.
(2) When convening a court-martial, the convening authority shall detail as members of the court-martial members of the organized militia who, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the organized militia is eligible to serve as a member of a general or special court-martial if the member of the organized militia is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.26 | Military Judge.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) A military judge shall be detailed to each general and special court-martial. A military judge shall preside over each open session of the court-martial to which the judge has been detailed.
(B) A military judge shall be a commissioned officer of the organized militia who is a member in good standing of the bar of this state and who is certified to be qualified for duty as a military judge by the state judge advocate.
(C) The military judge of a general or special court-martial shall be designated by the state judge advocate for detail by the convening authority. Unless the court-martial was convened by the governor or the adjutant general, neither the convening authority nor the convening authority's staff, other than the state judge advocate or deputy state judge advocate, shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge's performance of duty as a military judge.
(D) No person is eligible to act as a military judge in a case if the person is the accuser, is a witness for the prosecution, has acted as investigating officer, or is a counsel in the same case.
(E) The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel, nor may the military judge vote with the members of the court.
(F) A trial counsel, defense counsel, military judge, legal officer, summary court officer, or any other person from any one component of the organized militia certified by the state judge advocate to perform legal functions under this code may perform those functions, as needed, for any other component of the organized militia.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.27 | Trial and Defense Counsel.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The state judge advocate shall detail trial counsel, defense counsel, and assistants that the state judge advocate considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
(B) Trial counsel or defense counsel detailed for a general court-martial must be both of the following:
(1) A member in good standing of the bar of this state;
(2) Certified as competent to perform the duties of trial counsel or defense counsel in a general court-martial by the state judge advocate.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.28 | Court Reporters and Interpreters.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Under such regulations as the adjutant general may prescribe, the convening authority of a general or special court-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court, and may detail or employ interpreters, who shall interpret for the court.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.29 | Absent and Additional Members.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused except for physical disability, as a result of a challenge, or by order of the convening authority for good cause.
(B) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not fewer than five members. When the new members have been sworn, the trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(C) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not fewer than three members. When the new members have been sworn, the trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.
(D) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.30 | Charges and Specifications.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the organized militia authorized to administer oaths and shall state both of the following:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications;
(2) That those matters are true in fact to the best of the person's knowledge and belief.
(B) Upon the preferring of charges, the proper authority shall take immediate steps to determine the disposition that should be made of the charges in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.31 | Self-Incrimination.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No person subject to this code may compel any other person to incriminate the other person or to answer any question, the answer to which may tend to incriminate the other person.
(B) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense, without first informing the accused or person suspected of the nature of the accusation and advising the accused or person suspected that the accused or person suspected does not have to make any statement regarding the offense of which the accused or person suspected is accused or suspected and that any statement made by the accused or person suspected may be used as evidence against the accused or person suspected in a trial by court-martial.
(C) No person subject to this code may compel any other person to make a statement or produce evidence before any court-martial if the statement or evidence is not material to the issue and may tend to degrade the other 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 a trial by court-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.32 | Investigation.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth in the charge or specification has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.
(B) The accused shall be advised of the charges against the accused and of the accused's right to be represented at that investigation by counsel. Upon the accused's own request, the accused shall be represented by civilian counsel if provided by the accused at the accused's own cost, or by military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in the accused's own behalf, either in defense or mitigation, and the investigating officer shall examine reasonably available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy of that statement shall be given to the accused.
(C) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in division (B) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in the accused's own behalf.
(D) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.33 | Forwarding Charges.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
When a person is held for trial by general court-martial, the commanding officer shall, not later than the eighth day after the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the general court-martial convening authority. If that is not practicable, the commanding officer shall report in writing to the convening authority the reasons for delay.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.34 | Pre-Trial Referral of General Court-Martial Charge.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the convening authority's staff judge advocate or legal officer for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless the convening authority has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(B) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.35 | Service of Charges.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. Except in time of declared war, no person may, against the person's objection, be brought to trial or be required to participate alone or with counsel in a session called by the military judge in a general or special court-martial case within twenty-four hours after the service of charges upon the person.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.36 | Trial Procedure.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
The procedure, including modes of proof, in cases before military courts may be prescribed by the adjutant general by regulations, that shall, so far as the adjutant general considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of this state, but that may not be contrary to or inconsistent with this code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.37 | Unlawful Influence.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No authority convening a general, special, or summary court-martial, other commanding officer, or officer serving on the staff of a convening authority or other commanding officer may censure, reprimand, or admonish the court or any member, military judge, or counsel of the court, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or the member's, military judge's, or counsel's functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member of the court-martial or military tribunal in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to the authority's judicial acts. This division does not apply 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;
(2) Statements and instructions given in open court by the military judge, the president of a special court-martial, or counsel.
(B) In the preparation of a fitness, evaluation, or performance report, or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced in grade, in determining the assignment or transfer of a member of the organized militia, or in determining whether a member of the organized militia should be retained on duty, no person subject to this code may do either of the following:
(1) Consider or evaluate the performance of duty of the member as a member of a court-martial;
(2) Give a less favorable rating or evaluation of any member of the organized militia because of the zeal with which the member, as counsel, represented any accused before a court-martial.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.38 | Duties of Trial and Defense Counsel.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.
(B) The accused has the right to be represented in the accused's defense before a general or special court-martial by civilian counsel if provided by the accused at the accused's own cost, by military counsel of the accused's own selection if reasonably available, or by detailed military defense counsel. Should the accused have civilian counsel of the accused's own selection, the defense counsel and any assistant defense counsel who were detailed shall, if the accused so desires, act as the accused's associate counsel; otherwise they shall be excused by the military judge.
(C) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which the defense counsel considers appropriate.
(D) An assistant trial counsel of a court-martial may, under the direction of the trial counsel or when the assistant trial counsel is qualified to be a trial counsel, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel.
(E) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when the assistant defense counsel is qualified to be the defense counsel, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.39 | Convening Without Members of Court Present.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 5924.35 of the Revised Code, call the court into session without the presence of the members for the following purposes:
(1) Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;
(2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3) If permitted by regulations prescribed by the governor, holding the arraignment and receiving the pleas of the accused;
(4) Performing any other procedural function that may be performed by the military judge under this code or under regulations prescribed pursuant to section 5924.36 of the Revised Code and that does not require the presence of the members of the court.
These proceedings 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.
(B) 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, in cases in which a military judge has been detailed to the court, the military judge.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.40 | Continuances.

Effective:
July 17, 1970
Latest Legislation:
House Bill 867 - 108th General Assembly
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.41 | Challenges.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) 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 or, if none, the court 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.
(B) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
(C) If the exercise of a peremptory challenge reduces the number of members of a court-martial below the minimum required under section 5924.16 of the Revised Code, any remaining peremptory challenges shall be exercised or waived before additional members are detailed.
(D) Additional members detailed to a court-martial may be challenged for cause as provided in division (A) of this section. After challenges for cause against the additional members are presented and decided, each accused and trial counsel is entitled to one peremptory challenge against members not previously challenged peremptorily.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.43 | Statute of Limitations.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) A person charged with an offense punishable under this code is not liable to be tried by court-martial or punished under section 5924.15 of the Revised Code if the offense was committed more than four years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command.
(B) Periods in which the accused was absent from the state, is in the custody of civil authorities, or in the hands of the enemy shall be excluded in computing the period of limitation prescribed in this section.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.44 | Double Jeopardy.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No person may be tried a second time in any court-martial of this state for the same offense.
(B) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.
(C) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for want of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the adjutant general may prescribe.
(B) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be substantially similar to process that may be issued by the courts of this state in criminal cases and shall run to any part of the state.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.47 | Refusal to Appear or Testify.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
Any person not subject to this code who has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before a military court or has been duly paid or tendered the fees and mileage of a witness at the rates provided for under section 119.094 of the Revised Code and who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence that the person may have been legally subpoenaed to produce, may be punished for contempt in the manner provided for in Chapter 2705. of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.48 | Penalty for Contempt.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
A military court, in the manner provided for in Chapter 2705. of the Revised Code, may punish for contempt any person who is guilty of any act described in section 2705.02 of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.49 | Depositions.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
At any time after charges have been signed as provided in section 5924.30 of the Revised Code, any party may take oral or written depositions in the manner and for the purposes provided in the Ohio Rules of Criminal Procedure.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.50 | Admissibility of Records of Board of Officers.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) In any case, the sworn testimony contained in the duly authenticated record of proceedings of a board of officers 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 board of officers and if the same issue was involved or if the accused consents to the introduction of such evidence.
(B) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(C) Such testimony may also be read in evidence before a court of inquiry or a board of officers.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.501 | Competency of Accused; Hearing.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) In an action under this code, the military judge, trial counsel, defense counsel, or civilian counsel may raise the issue of the accused's competence to stand trial. If the issue is raised before the trial has commenced, the court shall hold a hearing on the issue as provided in this section. If the issue is raised after the trial has commenced, the court shall hold a hearing on the issue only for good cause shown or on the court's own motion.
(B) The court shall conduct the hearing required or authorized under division (A) of this section within thirty days after the issue is raised unless the accused has been referred for evaluation in which case the court shall conduct the hearing within ten days after the filing of the report of the evaluation. A hearing may be continued for good cause.
(C) The accused shall be represented by counsel at the hearing conducted under division (B) of this section.
(D) The trial counsel and defense counsel may submit evidence on the issue of the accused's competence to stand trial. A written report of the evaluation of the accused may be admitted into evidence at the hearing by stipulation, but, if either the government or defense objects to its admission, the report may be admitted under seal of court in camera to the military judge.
(E) The court shall not find an accused incompetent to stand trial solely because the accused is receiving or has received treatment as a voluntary or involuntary mentally ill patient under Chapter 5122. of the Revised Code or because the accused is receiving or has received psychotropic drugs or other medication, even if the accused might become incompetent to stand trial without the drugs or medication.
(F) An accused is presumed to be competent to stand trial. If, after a hearing, the court finds by a preponderance of the evidence that, because of the accused's present mental condition, the accused is incapable of understanding the nature and objective of the proceedings against the accused or of assisting in the accused's defense, the court shall find the accused incompetent to stand trial and shall enter an order authorized by section 5924.503 of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.505 | "Not Guilty by Reason of Insanity".

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
For purposes of sections 5924.502 and 5924.506 of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain from doing the person's act or acts, does not constitute a defense.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.51 | Voting and Rulings.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(B) The military judge and, except for questions of challenge, the president of a court-martial without a 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, or by the president of a special court-martial, without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 5924.52 of the Revised Code, beginning with the junior in rank.
(C) Before a vote is taken on the findings, the military judge or the president of a court-martial without a 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 must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;
(2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and the accused must be acquitted;
(3) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(D) Divisions (A), (B), and (C) of this section do 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 make specific findings of fact. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.52 | Number of Votes Required.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) No person may be convicted of any offense, except by the concurrence of two-thirds of the members of the court-martial present at the time the vote is taken.
(B) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, to decrease or lessen it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.54 | Record of Proceedings.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this division.
(B) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by regulations prescribed by the adjutant general.
(C)(1) A complete record of the proceedings and testimony shall be prepared in the following cases:
(a) Each case tried before a general court-martial in which the sentence adjudged includes a dismissal, a discharge, or any punishment that exceeds the punishment that may otherwise be adjudged by a special court-martial;
(b) Each case tried before a special court-martial in which the sentence adjudged includes a bad-conduct discharge or confinement for more than six months.
(2) In all other cases tried before a court-martial, the record shall contain any matters that are required by regulations of the adjutant general. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.55 | Cruel and Unusual Punishments.

Effective:
October 10, 1961
Latest Legislation:
House Bill 154 - 104th General Assembly
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.58 | Execution of Sentence of Confinement.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Subject to regulations prescribed by the adjutant general, a sentence of confinement adjudged by a court-martial or other military tribunal, 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 jail or correctional facility in this state. Persons so confined are subject to the same discipline and treatment as persons confined or committed to the jail or correctional facility by the courts of the state or of any political subdivision of the state.
(B) No payment of any kind may be required for so housing a prisoner under this code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.581 | Reduction in Pay for Enlisted Members.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) Except as otherwise provided in regulations made by the adjutant general, a court-martial sentence of an enlisted member in a pay grade above E-1 that includes a dishonorable or bad-conduct discharge, confinement, or hard labor without confinement reduces the member to pay grade E-1, effective on the date the convening authority approves the sentence.
(B) If the sentence of a member who is reduced in pay grade under division (A) of this section is set aside or disapproved, or as finally approved does not include a dishonorable or bad-conduct discharge, confinement, or hard labor without confinement, the rights and privileges of which the member was deprived because of the reduction in pay are restored, and the member shall be paid the pay and allowances that the member would have been paid for the period the reduction was in effect had the member not been reduced in pay.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5924 | Code of Military Justice › Section 5924.582 | Forfeiture of Pay and Allowances.

Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
(A) A member who receives a court-martial sentence that includes confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal forfeits pay, or pay and allowances, during any period of confinement or parole. The forfeiture takes effect on the date determined under section 5924.57 of the Revised Code and may be deferred as provided by that section. The pay and allowances forfeited as a result of a sentence imposed by a general court-martial shall be all pay and allowances due during any period of confinement or parole. The pay and allowances forfeited as a result of a sentence imposed by a special court-martial shall be two-thirds of all pay and allowances due during any period of confinement or parole.
(B) If a member subject to forfeiture of pay or pay and allowances under division (A) of this section has dependents, the convening authority or other person acting under section 5924.60 of the Revised Code may waive all or part of the forfeiture of pay and allowances for a period not exceeding six months. Any pay or allowances paid as a result of a waiver shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused member.
(C) If the sentence of a member who forfeits pay and allowances under division (A) of this section is set aside or disapproved or, as finally approved, does not provide for a punishment that includes confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances that the member would have been paid for the period the forfeiture was in effect had the member's pay and allowances not been forfeited.