reglab/statecodes huggingface dataset:
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 207 - Authority of military court judges -- Payment of witnesses.

Effective 5/4/2022
39A-5-207.
Authority of military court judges -- Payment of witnesses.
(1) Judges of military courts may:
(a) issue a warrant for the arrest of an accused individual who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the attendance of witnesses and the production of books and papers;
(c) sentence for a refusal to be sworn or to answer as provided in actions before civil courts; and
(d) issue process to compel witnesses to appear and testify, and compel the production of other evidence in any county within the state.
(2) Witnesses shall be paid in the same manner as in district courts.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 208 - Individuals who may serve on a military court.

Effective 5/4/2022
39A-5-208.
Individuals who may serve on a military court.
(1) A commissioned officer off or on duty with the National Guard may serve on a military court for the trial of any individual brought before the court for trial.
(2) A warrant officer off or on duty with the National Guard may serve on a military court for the trial of any individual, other than a superior commissioned officer, who is brought before the court for trial.
(3)
(a) An enlisted member of the National Guard who is not a member of the same unit as the accused may serve on a military court for the trial of any enlisted member brought before the court for trial.
(b) However, an enlisted member may serve as a member of a court only if before the conclusion of a session called by the court under Section 39A-5-216, or in the absence of the session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on the court.
(c) If the request is made under Subsection (3)(b), the accused may not be tried by the military court when enlisted members comprise less than 1/2 of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies.
(d) If eligible members cannot be obtained, the court may be assembled and trial held without them, but the convening authority shall make a detailed written explanation of why eligible members could not be obtained. This statement shall be appended to the court record.
(4)
(a) An individual subject to this chapter may be tried by a military court, but no member of the court may be junior to the individual in rank or grade.
(b) When a military court is convened, the convening authority shall detail as members of the court individuals who are best qualified for the duty by age, education, training, experience, length of service, and judicial temperament.
(c) A member is not eligible to serve as a member of a military court if the member:
(i) is the accuser in the case;
(ii) is a witness in the case;
(iii) has acted as investigating officer in the case; or
(iv) has acted as counsel in the case.
(5) An action or proceeding may not be prosecuted or maintained against a convening authority, member of a military court, or individual acting under the court's authority or reviewing the court's proceedings because of:
(a) the imposition, approval, or execution of any sentence;
(b) the imposition or collection of a fine or penalty; or
(c) the execution of any warrant, writ, execution, process, or mandate of a military court.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 209 - Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.

Effective 5/4/2022
39A-5-209.
Military court findings -- Prohibition of censuring or influencing court actions -- Military court member's performance.
(1) The court or any panel member, military judge, or counsel of the court may not be censured, reprimanded, or admonished by a convening authority, commanding officer, or staff officer with respect to the findings or sentence adjudged by the court, or any other function carried out in the proceeding.
(2) An individual subject to this chapter may not attempt to coerce, or by any unauthorized means influence the action of:
(a) the military court or any other military tribunal or any member of a military tribunal arriving at the findings or sentence in any case; or
(b) any convening, approving, or reviewing authority with respect to any judicial acts.
(3) Subsection (2) does not apply to:
(a) general instructional or informational courses in military justice, if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of a military court; or
(b) statements and instructions given in open court by the military judge, the president of a military court, or counsel.
(4) In preparing an effectiveness, efficiency, or fitness report, or any other report or document used in whole or in part for determining whether a member of the National Guard is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the National Guard, or in determining whether a member should be retained in an active status, an individual subject to this chapter may not:
(a) consider or evaluate the performance of duty of any member of a military court; or
(b) give a less favorable rating or evaluation of any member of the National Guard because of the zeal with which the member, as counsel, represented any accused before a military court or before any other proceeding authorized by this chapter.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 210 - Prosecutions in state name -- Right to defense trial counsel.

Effective 5/4/2022
39A-5-210.
Prosecutions in state name -- Right to defense trial counsel.
(1) The trial counsel of a military court prosecutes in the name of the state, and shall prepare the record of the proceedings under the direction of the court.
(2)
(a) The accused has the right to be represented before a military court by civilian counsel if provided by him at no expense to the state, or by military counsel of his or her own selection if reasonably available.
(b) If the accused has retained civilian counsel, the defense counsel and any assistant defense counsel who were detailed shall act as the associate counsel to the civilian counsel if the accused desires. Otherwise, detailed counsel shall be excused by the military judge.
(3) In a court proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of matters that should be considered on behalf of the accused on review, including any objection to the contents of the record.
(4) An assistant trial counsel of a military court may, under the direction of the trial counsel, or as trial counsel when he is so qualified, perform any duty imposed by law, regulation, or the custom of the service on the trial counsel of the court. An assistant trial counsel of a military court may perform any duty of the trial counsel.
(5) An assistant defense counsel of a military court may, under the direction of the defense counsel or when he 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.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 211 - Court procedures -- Regulations by governor.

Effective 5/4/2022
39A-5-211.
Court procedures -- Regulations by governor.
(1) In cases subject to or brought under this chapter, before military courts, or before other military tribunals, the procedure, including elements of proof, may be prescribed by the governor.
(2) The governor shall promulgate regulations that apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state. However, the regulations may not be contrary to or inconsistent with this chapter.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 212 - Military court -- Oath or affirmation.

Effective 5/4/2022
39A-5-212.
Military court -- Oath or affirmation.
(1) Before performing their respective duties, an oath or affirmation to perform all duties faithfully shall be administered to:
(a) military judges;
(b) interpreters;
(c) members of the court;
(d) the trial counsel;
(e) the assistant trial counsel;
(f) the defense counsel;
(g) the assistant defense counsel; and
(h) court reporters.
(2)
(a) The governor shall prescribe by regulation:
(i) the oath or affirmation;
(ii) the time and place of taking the oath or affirmation;
(iii) the manner of recording the taking; and
(iv) whether the oath is to be taken for all cases in which these duties are to be performed or for a specific case.
(b) The regulations may provide that an oath or affirmation to faithfully perform any of the duties under Subsection (1) except that of court reporter, be taken at any time by any judge advocate, legal officer, or other individual certified as qualified or competent for the duty. The regulations may also provide that an oath under this subsection need not again be taken at the time the judge advocate, legal officer, or other individual having taken an oath under this section is detailed to that duty.
(3) Each witness in a military court shall be examined under oath or affirmation.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 213 - Military court -- Challenge for cause -- Peremptory challenge.

Effective 5/4/2022
39A-5-213.
Military court -- Challenge for cause -- Peremptory challenge.
(1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one member at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless the judge determines otherwise.
(2) Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause. The military judge in his or her discretion may grant additional peremptory challenges where appropriate.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 214 - Military court members -- When excused -- Trial procedure.

Effective 5/4/2022
39A-5-214.
Military court members -- When excused -- Trial procedure.
(1) A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the convening authority.
(2)
(a) When a military court other than a court composed solely of a military judge is reduced to fewer than four members, the trial may not proceed unless the convening authority details new members sufficient to provide not fewer than four members.
(b) 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 the counsel for the prosecution and defense.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 215 - Military court -- Continuance.

Effective 5/4/2022
39A-5-215.
Military court -- Continuance.
The military judge may, upon good cause shown, grant a continuance to trial or defense counsel for a stated period of time, when a continuance appears to be just.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 216 - Military court -- Session -- Procedures.

Effective 5/4/2022
39A-5-216.
Military court -- Session -- Procedures.
(1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be:
(a) made a part of the record; and
(b) in the presence of the accused, the defense counsel, and the trial counsel.
(2) The session may be conducted without the presence of the panel members.
(3) A session under this subsection may be conducted for the following purposes:
(a) 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;
(b) hearing and ruling upon any matter a military judge under this chapter may rule upon, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(c) holding the arraignment and receiving the pleas of the accused, if permitted by regulations promulgated by the governor or adjutant general; or
(d) performing any other procedural function that may be performed by the military judge under this chapter or under rules promulgated under Section 39A-5-219 and which does not require the presence of the members of the court.
(4) When the members of a military court deliberate or vote, only the members may be present.
(5) 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, and the military judge.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 217 - Plea of not guilty -- Accepted -- Withdrawn.

Effective 5/4/2022
39A-5-217.
Plea of not guilty -- Accepted -- Withdrawn.
(1) A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused pleaded not guilty, if the accused:
(a) after arraignment, makes an irregular pleading;
(b) after a plea of guilty. raises a matter inconsistent with the plea;
(c) has apparently entered the plea of guilty improvidently or through lack of understanding of its meaning and effect; or
(d) fails or refuses to plead.
(2)
(a) A plea of guilty by the accused may not be accepted to any charge or specification alleging an offense for which a determinate term of one year confinement may be imposed.
(b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if permitted by regulations promulgated by the governor, shall be entered immediately without vote and constitutes the finding of the court.
(c) If the plea of guilty is withdrawn prior to announcement of the sentence, the proceedings shall continue as though the accused pleaded not guilty.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 218 - Contempt -- Penalty.

Effective 5/4/2022
39A-5-218.
Contempt -- Penalty.
(1) A military court may punish for contempt any individual who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any disorderly conduct.
(2) The punishment may not exceed confinement for three days in the county jail of the county where the proceedings are held, or a fine of $200, or both.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 219 - Obtaining evidence and witnesses -- Procedure.

Effective 5/4/2022
39A-5-219.
Obtaining evidence and witnesses -- Procedure.
The trial and defense counsel, and the military court, have equal opportunity to obtain witnesses and other evidence under:
(1) regulations promulgated by the governor or adjutant general;
(2) the applicable rules of civil and criminal procedure; or
(3) state or federal law.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 220 - Depositions -- Procedure.

Effective 5/4/2022
39A-5-220.
Depositions -- Procedure.
(1) After charges have been signed under Section 39A-5-114, any party may take oral or written depositions unless the military judge hearing the case, or if the case is not being heard, an authority competent to convene a military court for the trial of the charges prohibits the depositions for good cause.
(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated by any military or civil officer authorized to administer oaths under state law or the law of the jurisdiction where the deposition is to be taken.
(4) An authenticated deposition, taken upon reasonable notice to the other parties, may be read in evidence, to the extent it is admissible under the rules of evidence, before any military court or any proceeding before a court of inquiry, if:
(a) the witness resides or is beyond the state in which the military court or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the location of the trial or hearing;
(b) the witness due to death, age, illness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the location of the trial or hearing;
(c) the present location of the witness is unknown; or
(d) the deposition was taken in the physical presence of the accused.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 221 - Sworn testimony -- Read in evidence.

Effective 5/4/2022
39A-5-221.
Sworn testimony -- Read in evidence.
(1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:
(a) the sworn testimony is otherwise admissible under the rules of evidence;
(b) the accused was a party before the court of inquiry;
(c) the same issue was involved or the accused consents to the introduction of the evidence; or
(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:
(a) before a court of inquiry or a military board; or
(b) by the defense only in cases extending to the dismissal of a commissioned officer.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 222 - Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof.

Effective 5/4/2022
39A-5-222.
Voting by military court members -- Procedure -- Presumption of innocence -- Reasonable doubt -- Burden of proof.
(1)
(a) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings.
(b) A ruling made by the military judge upon a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and is the ruling of the court. However, the military judge may change the ruling at any time during the trial.
(2) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court that:
(a) the accused is presumed innocent until guilt is established by legal and competent evidence beyond reasonable doubt;
(b) if there is reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused, and the accused shall be acquitted;
(c) if there is a 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
(d) the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state.
(3)
(a) Voting by members of a military court on the findings and on the sentence, and upon questions of challenge, are by secret written ballot.
(b) The junior member of the court counts the votes.
(c) The count shall be reviewed by the president, who shall immediately announce the result of the ballot to the members of the court.
(4)
(a) If the court is composed of a military judge only, the military judge determines all questions of law and fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence.
(b) The military judge of a court shall make a general finding and shall, on request, find the facts specially.
(c) If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact are included.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 223 - Vote necessary for conviction or other questions -- Tie votes.

Effective 5/4/2022
39A-5-223.
Vote necessary for conviction or other questions -- Tie votes.
(1) The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.
(2) All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a 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.
(3)
(a) A tie vote on a challenge disqualifies the member challenged.
(b) 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.
(c) A tie vote on any other question is a determination in favor of the accused.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 224 - Findings -- Background check prior to sentencing.

Effective 5/4/2022
39A-5-224.
Findings -- Background check prior to sentencing.
(1) A court shall announce its findings and sentence to the parties as soon as determined.
(2) The court panel may defer sentencing pending an investigation of the background of the accused to determine a just and appropriate sentence.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 225 - Finding or sentence -- Error -- Review.

Effective 5/4/2022
39A-5-225.
Finding or sentence -- Error -- Review.
(1) A finding or sentence of a military court may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(2) A reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm that portion of the finding that includes a lesser included offense.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 226 - Military court records.

Effective 5/4/2022
39A-5-226.
Military court records.
(1)
(a) Each military court shall maintain a separate record of the proceedings in each case brought before it. Each record shall be authenticated by the signature of the military judge.
(b)
(i) If the record cannot be authenticated by the military judge due to death, disability, or absence, it shall be authenticated by the signature of the trial counsel.
(ii) If the trial counsel is unable to authenticate due to death, disability, or absence, a member of the court panel shall authenticate the record by signature.
(c) In a court of only a military judge, the record shall be authenticated by the court reporter under the same conditions that a member of a court would authenticate under this section:
(i) if the proceedings have resulted in an acquittal of all charges and specifications; or
(ii) if the proceedings are not affecting a general or flag officer, for a sentence that does not include a discharge and is not in excess of that which may be prescribed by regulations of the governor.
(2) A copy of the record of the proceedings of each court shall be given to the accused as soon as it is authenticated.
(3) The expense in preparing and transmitting the record shall be by regulations prescribed by the governor or the adjutant general.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 227 - Trial record forwarded to convening authority.

Effective 5/4/2022
39A-5-227.
Trial record forwarded to convening authority.
After a trial by a military court, the record shall be forwarded to the convening authority, as the reviewing authority. Action on the record may be taken by the convening authority, a commissioned officer commanding at that time, a successor in command, or by the governor.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 228 - Convening authority refers record to SJA -- Opinion.

Effective 5/4/2022
39A-5-228.
Convening authority refers record to SJA -- Opinion.
The convening authority shall refer the record of each military court to the SJA, who shall submit a written opinion to the convening authority. If the final action of the court is an acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 229 - Specification dismissal -- No finding of not guilty -- Procedure.

Effective 5/4/2022
39A-5-229.
Specification dismissal -- No finding of not guilty -- Procedure.
(1) If a specification before a military court has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) If there is an apparent error or omission in the record or the record shows improper or inconsistent action by a court martial regarding a finding or sentence, that may be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. However, the record may not be returned for:
(a) reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(b) reconsideration of a finding of not guilty of any charge unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of a provision of this chapter; or
(c) increasing the severity of the sentence.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 230 - Rehearing ordered by convening authority -- Grounds -- Procedure.

Effective 5/4/2022
39A-5-230.
Rehearing ordered by convening authority -- Grounds -- Procedure.
(1)
(a) If the convening authority disapproves the findings and sentence of a military court, the convening authority may, unless there is a lack of sufficient evidence in the record to support the findings, order a rehearing, and state the reasons for disapproval.
(b) If the convening authority disapproves the findings and sentence and does not order a rehearing, the charges shall be dismissed.
(2)
(a) Each rehearing shall take place before a military court composed of members who are not members of the military court that originally heard the case.
(b) At a rehearing, the accused may not be tried for any offense for which a verdict of not guilty was returned by the original military court.
(3) A sentence imposed may not exceed or be more severe than the original sentence, unless based on a finding of guilty regarding an offense not considered on the merits in the original proceedings.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 231 - Convening authority review -- Action by governor final -- SJA review -- Appeal of final action.

Effective 5/4/2022
39A-5-231.
Convening authority review -- Action by governor final -- SJA review -- Appeal of final action.
(1) When the governor is the convening authority, the governor's action on the review of a record of trial is final.
(2) The state judge advocate shall review the record of trial in each case prior to final action being taken.
(3) The SJA shall make a written review and recommendation on legal issues to the convening authority for consideration prior to final action in any case.
(4) In a case subject to review by the SJA under this section, the SJA shall submit an opinion regarding any errors committed during the trial and an analysis of the legal effect of the error to the convening authority prior to the convening authority's affirmation and action regarding the findings and sentence in the case.
(5) The convening authority may affirm only findings of guilty and the sentence or part of the sentence that:
(a) is correct in law and fact; and
(b) should be approved, based on the entire record and the advice of the SJA, and any rebuttal submitted by the accused or defense counsel.
(6) In considering the record, the convening authority may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the testimony of the witnesses.
(7) If the convening authority sets aside the findings and sentence:
(a) a rehearing may be ordered, except when the decision to set aside is based on a lack of sufficient evidence in the record to support the findings; or
(b) if a rehearing is not ordered, the charges shall be dismissed.
(8)
(a) Final action approved by the convening authority may be appealed directly to the Utah Court of Appeals.
(b) Notice of appeal shall be filed within 30 days after the final action has been taken by the convening authority.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 232 - Military court sentence -- Execution by convening authority.

Effective 5/4/2022
39A-5-232.
Military court sentence -- Execution by convening authority.
(1) Except under Sections 39A-5-306 and 39A-5-231, a military court sentence may be ordered executed by the convening authority when approved, unless suspended or deferred.
(2) The convening authority has discretion to approve the sentence or a part or commuted form of the sentence.
(3) After approval, the convening authority may suspend the execution of the sentence.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 233 - Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

Effective 5/4/2022
39A-5-233.
Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.
(1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority.
(2)
(a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.
(b) The probationer shall be represented by counsel at the hearing.
(3)
(a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:
(i) the governor in cases involving a military court sentence of confinement; or
(ii) in all other cases, to the commanding officer of the National Guard unit of which the probationer is a member.
(b) If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(4) The suspension of any other sentence may be vacated by any authority for the command in which the accused is serving or assigned that is competent to convene a court that imposed the sentence.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 234 - Petition for new trial -- Grounds.

Effective 5/4/2022
39A-5-234.
Petition for new trial -- Grounds.
Within 30 days after approval by the convening authority of a military court sentence, the accused may petition the convening authority for a new trial on the ground of newly discovered evidence or fraud on the court.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 235 - Second trial on an offense prohibited.

Effective 5/4/2022
39A-5-235.
Second trial on an offense prohibited.
(1) An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.
(2) A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.
(3) 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 failure of available evidence or witnesses without any fault of the accused is a trial under this section.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 236 - Sentence -- Vacation or suspension.

Effective 5/4/2022
39A-5-236.
Sentence -- Vacation or suspension.
(1) A convening authority may vacate or suspend any part or amount of the unexecuted portion of the sentence, including all uncollected forfeitures.
(2) The governor may for good cause shown substitute an administrative form of a discharge for a bad conduct discharge or dismissal executed under a military court sentence.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 237 - Sentence set aside -- Rights restored.

Effective 5/4/2022
39A-5-237.
Sentence set aside -- Rights restored.
(1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon the new trial or rehearing.
(2) If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his or her enlistment.
(3)
(a) If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.
(b) A commissioned officer dismissed by a sentence may be reappointed by the governor to the grade and rank the commissioned officer had attained, if a position is available under the applicable organization.
(c) Time between the dismissal and reappointment is considered service for all purposes.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 238 - Finality of military court judgments.

Effective 5/4/2022
39A-5-238.
Finality of military court judgments.
(1) The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapter, are final and conclusive.
(2) Orders publishing the proceedings of military court and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for new trial under Section 39A-5-234.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 2 - Military Courts › Section 239 - Courts of inquiry.

Effective 5/4/2022
39A-5-239.
Courts of inquiry.
(1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry.
(2) A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel for the court.
(3)
(a) An individual subject to this chapter whose conduct is subject to inquiry shall be designated as a party. An individual subject to this chapter or employed by the National Guard, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court.
(b) An individual designated as a party shall be given due notice and has the right to be present, represented by counsel, to have counsel appointed, to cross examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5) The members, counsel, reporter, and interpreters of a court of inquiry shall take an oath or affirmation to faithfully perform the duties required under this section.
(6) Witnesses may be summoned to appear and testify and be examined before a court of inquiry, under the same provisions as for a military court.
(7) A court of inquiry shall make findings of fact but may not express opinions or make recommendations, unless required to do so by the convening authority.
(8)
(a) A court of inquiry shall keep a record of the court's proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.
(b)
(i) If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.
(ii) If the record cannot be authenticated by the counsel for the court, it shall be authenticated by a member in lieu of the counsel.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 3 - Military Punishments › Section 301 - Military punishments -- Limits of punishment -- Cruel and unusual punishments -- Use of irons.

Effective 5/4/2022
39A-5-301.
Military punishments -- Limits of punishment -- Cruel and unusual punishments -- Use of irons.
(1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense.
(2) A military court may impose upon an accused any of the following after conviction for an offense:
(a) incarceration in a county jail for no longer than one year;
(b) a fine of not more than $2,500;
(c) forfeiture of pay of not more than $2,500;
(d) detention of pay equivalent to three months' pay for a period not to exceed one year;
(e) arrest in quarters for officers;
(f) restriction to specified limits for enlisted members;
(g) extra duty for not more than 60 consecutive days;
(h) reprimand;
(i) reduction of enlisted members to the lowest enlisted grade;
(j) a bad conduct discharge for enlisted members;
(k) dismissal for officers;
(l) restitution to any individual or entity injured as a result of the accused's conduct; or
(m) any combination of Subsections (2)(a) through (2)(l).
(3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing on the body may not be imposed by any court or inflicted upon any individual subject to this chapter.
(4) Single or double irons may not be used unless necessary for safe custody.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 3 - Military Punishments › Section 303 - Fines.

Effective 5/4/2022
39A-5-303.
Fines.
(1) Fines imposed by a military court may be paid to the military court or to an officer executing process for the court. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or to become due to the individual fined, until the fine is completely paid.
(2) Any sum deducted shall be turned in to the military court which imposed the fine and shall be paid by the officer receiving it under the same procedure as for fines and other money collected under a sentence of a military court.
(3) A fine or penalty imposed by a military court upon an officer or enlisted member shall be paid by the officer collecting it to the state General Fund within 30 days.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 3 - Military Punishments › Section 304 - Forfeiture of pay as sentence.

Effective 5/4/2022
39A-5-304.
Forfeiture of pay as sentence.
(1) When a lawful and approved sentence of a court includes a forfeiture of pay or allowances in addition to confinement that is not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.
(2) A forfeiture may not extend to any pay or allowances received before that date.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 3 - Military Punishments › Section 305 - Confinement as sentence -- Penal institutions.

Effective 5/4/2022
39A-5-305.
Confinement as sentence -- Penal institutions.
(1) A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the National Guard or in any penal institution of the state or of any political subdivision of the state.
(2) If the words "hard labor" are not included in a sentence or punishment imposed by a court martial imposing confinement, the authority executing the sentence or punishment is not prohibited from requiring hard labor as a part of the sentence or punishment.
(3) The officers, sheriffs, and penal institutions of the state and any political subdivisions of the state designated by the governor or his designee under Section 39A-5-111 shall:
(a) receive individuals ordered into confinement before trial and individuals committed to confinement by a military court;
(b) confine them according to law; and
(c) receive or confine an individual under this chapter without assessing any fee or charge.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 5 - Utah Code of Military Justice › Part 3 - Military Punishments › Section 306 - Bad conduct discharge or dismissal -- Approval by governor.

Effective 5/4/2022
39A-5-306.
Bad conduct discharge or dismissal -- Approval by governor.
(1) A sentence imposing dismissal or bad conduct discharge against a member of the National Guard who is not in federal service may not be executed until it is approved by the governor.
(2) A discharge or dismissal may not be imposed by any military court unless a complete written record of the proceedings has been made and is available for consideration of the military court.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 101 - Utah Service Members' Civil Relief Act -- Definitions.

Effective 5/4/2022
39A-6-101.
Utah Service Members' Civil Relief Act -- Definitions.
As used in this chapter:
(1) "Dependent" means the spouse and children of a service member or any other individual dependent upon the service member for support.
(2) "Interest" includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability.
(3) "Service member" means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit.
(4) "State military service" means active, full-time service with a recognized military unit called into service by the governor for at least 30 days.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 102 - Application of this chapter.

Effective 5/4/2022
39A-6-102.
Application of this chapter.
(1) Military members of the National Guard or the Defense Force, when ordered to state military service by the governor have the same rights and protections as provided by federal law for activation to federal military service.
(2) Proper application of this chapter shall suspend or postpone actions upon certain obligations until 60 days after discharge from active, full-time state military service.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 103 - Rulemaking authority.

Effective 5/4/2022
39A-6-103.
Rulemaking authority.
The adjutant general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
Renumbered and Amended by Chapter 373, 2022 General Session