reglab/statecodes huggingface dataset:
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 110 - Utah Code of Military Justice -- Procedures -- Jurisdiction.

Effective 5/4/2022
39A-3-110.
Utah Code of Military Justice -- Procedures -- Jurisdiction.
(1)Title 39A, Chapter 5, is adopted as the Utah Code of Military Justice.
(2) The Utah Code of Military Justice sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as a military court directs in accordance with Chapter 5, Part 2, Military Courts and Part 3, Military Punishments.
(3) Judges of a military court may issue summons, executions, and other process. The process shall be served by county sheriffs, at the expense of the state.
(4) Judgments for fines or forfeitures may be docketed in the same manner as district court judgments in each county, and without costs.
(5) Appeals shall be taken to the Court of Appeals.
(6) Sentences of a military court shall be served in a county jail. Costs incurred by the county shall be paid out of the General Fund of the state.
(7) Certification as counsel for prosecution or defense, or as a judge of a military court, is under orders issued by the adjutant general, and is limited to attorneys who are members of the Utah State Bar and are serving as judge advocates in the Utah National Guard.
(8) A service member may retain, at no cost to the state or National Guard, civilian counsel to represent the service member before a military court.
(9) A military court may impose fines not exceeding $2,500, restitution to victims, statutory surcharges, and may issue all writs and judgments for the execution of any processes.
(10) When consistent with the Utah Manual for Military Courts, the Utah Rules of Criminal Procedure apply.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 111 - Military court -- Concurrent prosecutorial jurisdiction with county or district attorney.

Effective 5/4/2022
39A-3-111.
Military court -- Concurrent prosecutorial jurisdiction with county or district attorney.
(1) The county attorney or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, of the county where an offense under the Utah Code of Military Justice is committed has concurrent jurisdiction with a military court to prosecute the accused individual at the expense of the county.
(2) Charges regarding the offense may not be filed in a military court until the appropriate county attorney or district attorney has reviewed and declined to prosecute the offense.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 2 - Service Member Benefits › Section 201 - Tuition and fees assistance for Utah National Guard members -- Use and allocation -- Appropriation.

Effective 5/4/2022
39A-3-201.
Tuition and fees assistance for Utah National Guard members -- Use and allocation -- Appropriation.
(1)
(a) As used in this section, "fees" means general course fees, in addition to tuition, that are:
(i) imposed by an institution of higher education; and
(ii) required to be paid by a student to engage in a course of study at the institution of higher education.
(b) "Fees" does not include a special course fee.
(2) The Utah National Guard may provide tuition and fees assistance to a member of the Utah National Guard for study at an institution of higher education, subject to the following requirements:
(a) the individual shall be, at the time the individual receives the assistance, an active member of the Utah National Guard; and
(b) the assistance is for tuition and fees only and may not be more than the resident tuition and fees for the actual course of postsecondary study engaged in by the individual.
(3)
(a) Tuition and fees assistance shall be awarded as the adjutant general considers necessary.
(b) An individual may apply to the adjutant general of the state for assistance for each year during which the individual is an active member of the Utah National Guard.
(c) The adjutant general may recoup funds if a recipient fails to meet the requirements of the program.
(4) The adjutant general of the state shall pay tuition and fees assistance directly to the institution of higher education from the funds appropriated.
(5) The adjutant general of the state shall establish regulations, procedures, forms, and reports necessary to administer the allocation of assistance and payment of funds under this section.
(6) The adjutant general may use no more than 10% of the funds for administration of the program as the adjutant general considers necessary.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 2 - Service Member Benefits › Section 202 - Pay and care of soldiers and airmen disabled while on state active duty.

Effective 5/3/2023
39A-3-202.
Pay and care of soldiers and airmen disabled while on state active duty.
(1)
(a) Before a service member may be considered disabled in accordance with this section, the Adjutant General shall determine whether the service member's illness, injury, or disease was contracted or occurred through the fault or negligence of the service member. If the service member is determined to be at fault for an injury or developed a disability through his or her own negligent actions, the service member is not entitled to any care, pension, or benefit in accordance with this section.
(b) Notwithstanding Subsection (1)(a) the service member may be eligible for benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(2) A member of the Utah National Guard or Utah State Defense Force who is disabled through illness, injury, or disease contracted or incurred while on state active duty or while reasonably proceeding to or returning from duty is eligible to receive workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.
(3)
(a) If the disability temporarily incapacitates the service member from pursuing the service member's usual business or occupation, the service member is eligible to receive workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(b) For the duration of the service member's inability to pursue a business or occupation, the adjutant general shall provide compensation so that the total compensation, including the disability compensation received under Subsection (3)(a) is commensurate with the injured service member's lost pay. The adjutant general shall consider lost civilian and military pay in the compensation.
(4) A service member who is permanently disabled, shall receive pensions and benefits from the state that individuals under like circumstances in the Armed Forces of the United States receive from the United States.
(5) If a service member dies as a result of an injury, illness, or disease contracted or incurred while on state active duty or while reasonably proceeding to or returning from active duty, the surviving spouse, minor children, or dependent parents of the service member shall receive compensation as directed in Section 39A-3-203.
(6) Costs incurred by reason of this section shall be paid out of the funds available to the Utah National Guard.
(7) The adjutant general, with the approval of the governor, shall make and publish regulations to implement this section.
(8) Nothing in this section shall in any way limit or condition any other payment to a service member that the law allows.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 2 - Service Member Benefits › Section 203 - Compensation for injury or death.

Effective 5/4/2022
39A-3-203.
Compensation for injury or death.
Within 72 hours of the reported death of a member of the National Guard on state active duty, the state shall provide a death gratuity payment of $100,000 to:
(1) the individual designated as the recipient of the member's unpaid pay and allowances in the member's service record; or
(2) if no one is designated, the designated individual cannot be found, or the designated individual has predeceased the member, the member's heirs in accordance with Title 75, Chapter 2, Part 1, Intestate Succession.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 2 - Service Member Benefits › Section 204 - National Guard Death Benefit Restricted Account.

Effective 5/4/2022
39A-3-204.
National Guard Death Benefit Restricted Account.
(1) There is created within the General Fund a restricted account known as "National Guard Death Benefit Account."
(2)
(a) The restricted account shall be funded from funds appropriated by the Legislature.
(b) Funds in the restricted account may only be used to pay the death benefit authorized in Section 39A-3-204.
(c) The restricted account may accrue interest which shall be deposited into the restricted account.
(d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall be transferred to the General Fund.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 101 - Utah State Defense Force -- How constituted.

Effective 5/4/2022
39A-4-101.
Utah State Defense Force -- How constituted.
(1) Unless exempt under Subsection (2), all able-bodied citizens, and all able-bodied individuals of foreign birth who have declared their intention to become citizens, are 18 years old or older and younger than 64 years old, and are residents of this state, constitute the Utah State Defense Force.
(2) Individuals exempt from Subsection (1) include:
(a) individuals exempted from military service by laws of the United States;
(b) individuals exempted from military service by the laws of this state;
(c) all individuals who have been honorably discharged from the armed forces, or volunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city or town, but a member of the active defense force may not be relieved from duty because the individual joined any volunteer fire company or department;
(e) judges and clerks of courts of record;
(f) state and county civil officers holding office by election;
(g) state officers appointed by the governor for a specified term of office;
(h) ministers of the gospel; and
(i) practicing physicians and hospital officers and assistants.
(3) All individuals described in Subsection (1) are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after voluntarily enlisting in the National Guard of this state.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 102 - Governor authorized to organize Utah State Defense Force.

Effective 5/4/2022
39A-4-102.
Governor authorized to organize Utah State Defense Force.
(1) The governor, by virtue of the governor's office, may organize and maintain the Utah State Defense Force.
(2) The Defense Force may be composed of officers commissioned or assigned, and able-bodied citizens of the state who volunteer for service, supplemented if necessary by individuals enrolled by draft or otherwise as provided by law.
(3) The Defense Force shall be additional to and distinct from the National Guard.
(4) The Defense Force may have prescribed uniforms.
(5) If ordered to active service by the governor, the Defense Force shall be under the command of the adjutant general.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 103 - Qualifications of members.

Effective 5/4/2022
39A-4-103.
Qualifications of members.
An individual may not be commissioned or enlisted in the Defense Force who:
(1) is not a citizen of the United States; or
(2) has been expelled or dishonorably discharged from any military service.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 104 - Term of force enlistment -- Oaths.

Effective 5/4/2022
39A-4-104.
Term of force enlistment -- Oaths.
(1) An individual may not be enlisted in the Defense Force for more than one year, but an enlistment may be renewed.
(2) The oath to be taken upon enlistment in the Defense Force shall be substantially in the form prescribed for enlisted individuals of the National Guard, substituting the words, "Utah State Defense Force," where necessary.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 105 - Oaths of force officers.

Effective 5/4/2022
39A-4-105.
Oaths of force officers.
The oath to be taken by officers commissioned in the Defense Force shall be substantially in the form prescribed for officers of the National Guard, but substituting the words "Utah State Defense Force," where necessary.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 106 - Compensation of force members.

Effective 5/4/2022
39A-4-106.
Compensation of force members.
(1) Members of the Utah State Defense Force, when called into active service by the governor, shall receive compensation as prescribed by the governor.
(2) The compensation may not exceed the rate of pay prescribed for officers and other members of the National Guard when called into active service of the state by the governor.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 107 - No organizations to be enlisted as a unit.

Effective 5/4/2022
39A-4-107.
No organizations to be enlisted as a unit.
A civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of individuals or civil group may not enlist in the Defense Force as an organization, detachment, company, or unit.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 108 - Service outside state prohibited -- Exceptions.

Effective 5/4/2022
39A-4-108.
Service outside state prohibited -- Exceptions.
(1) The Defense Force may not be required to serve outside the boundaries of this state unless the governor, in response to a request from the governor of another state through the Emergency Management Assistance Compact, orders the Defense Force to assist outside the state.
(2) The Defense Force may be recalled by the governor at any time.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 109 - Military court law and rules of National Guard applicable.

Effective 5/4/2022
39A-4-109.
Military court law and rules of National Guard applicable.
When the Defense Force or any part of it is ordered to active service Chapter 5, Utah Code of Military Justice, as it applies to the National Guard, and regulations prescribed under it apply to the Utah State Defense Force.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 110 - State Defense Force not subject to United States military service -- Members not exempt from United States military service.

Effective 5/4/2022
39A-4-110.
State Defense Force not subject to United States military service -- Members not exempt from United States military service.
(1) This act may not be construed as authorizing the Defense Force to be called, ordered or in any manner drafted, as such into the military service of the United States.
(2) An individual is not, by reason of enlistment or commission in the Defense Force, exempted from military service under any law of the United States.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 111 - Governor may requisition arms and equipment from secretary of defense.

Effective 5/4/2022
39A-4-111.
Governor may requisition arms and equipment from secretary of defense.
For the use of the Defense Force, the governor is authorized to requisition from the secretary of defense arms, ammunition, and equipment and to make the facilities and equipment of the National Guard available to the Defense Force.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 4 - Utah State Defense Force › Section 112 - Governor may proclaim martial law.

Effective 5/4/2022
39A-4-112.
Governor may proclaim martial law.
(1) Whenever the Defense Force or any portion of the Defense Force is called into active service, the governor may, by proclamation, declare all or any part of any county, city or town in which the troops are serving to be under martial law.
(2) When the Defense Force is in active service, the commanding officer and his subordinates may cooperate with the civil authorities as directed by 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 1 - General Provisions › Section 101 - Utah Code of Military Justice.

Effective 5/4/2022
39A-5-101.
Utah Code of Military Justice.
The "Utah Code of Military Justice" may be abbreviated as the "UtCMJ" and applies to all individuals subject to this title.
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 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
39A-5-102.
Definitions.
As used in this chapter:
(1) "Accuser" means an individual who:
(a) signs and swears to charges;
(b) directs that charges nominally be signed and sworn to by another; or
(c) any other individual who has an interest other than an official interest in the prosecution of the accused.
(2) "Apprehend" means taking an individual into custody by competent authority, with or without a warrant.
(3) "Arrest" means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area.
(4) "Commanding officer" means both a commissioned officer and a warrant officer designated as a commander.
(5) "Commissioned officer" includes a commissioned warrant officer.
(6) "Confinement" means the physical restraint of an individual.
(7) "Convening authority" means the governor or the adjutant general.
(8) "Duty status other than state active duty" means any other type of duty, and includes going to and returning from the duty.
(9) "Enlisted member" means an individual in an enlisted grade.
(10) "Grade" means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation.
(11) "Legal officer" means any commissioned officer of the National Guard designated to perform legal duties for a command.
(12) "Major command" or "MACOM" means a major subdivision of the National Guard.
(13) "Military" means any or all of the armed forces of the United States.
(14) "Military court" means a court-martial, a court of inquiry, or a provost court.
(15) "Military judge" means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206.
(16) "National Guard" includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor.
(17) "Officer" means a commissioned or warrant officer.
(18) "Rank" means the order of precedence among members of the armed forces.
(19) "State active duty" means full-time duty in the active military service of the state under an order of the governor, issued pursuant to the governor's authority, and includes going to and returning from duty.
(20) "State judge advocate" or "SJA" means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard.
(21) "State staff judge advocate" or "SSJA" means the commissioned judge advocate general's corps officer appointed as the senior legal officer for the National Guard.
(22) "Superior commissioned officer" means a commissioned officer superior to another in rank or command.
(23) "Unit" means any regularly organized command of the National Guard.
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 1 - General Provisions › Section 103 - State judge advocate -- Appointment -- Qualifications -- Duties -- Assistants.

Effective 5/4/2022
39A-5-103.
State judge advocate -- Appointment -- Qualifications -- Duties -- Assistants.
(1) The adjutant general shall appoint an officer of the National Guard as the state judge advocate. The officer shall be a member of the Utah State Bar, a United States federal court, branch qualified, and designated as a staff judge advocate officer.
(2) The state judge advocate is the principal military legal advisor and shall, in connection with rendering legal advice to the adjutant general, prepare pretrial advice, a post-trial review, and act as legal advisor to the adjutant general on all matters involving military justice.
(3) The adjutant general may appoint assistant state judge advocates as considered necessary. All assistant state judge advocates shall be officers of the National Guard, members of the Utah State Bar, branch qualified, and designated as staff judge advocate officers.
(4) The SJA or an assistant SJA shall make frequent inspections of military units throughout the state to supervise the administration of military justice.
(5) The convening authority shall review directly with the SJA all matters relating to the administration of military justice and administrative actions. The assistant state judge advocate or legal officer of any command may communicate directly with the assistant state judge advocate or legal officer of a superior or subordinate command, or with the SJA.
(6) An individual who has acted as a member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, may not subsequently act as assistant state judge advocate, SJA, or legal officer to any reviewing authority upon the same case.
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 1 - General Provisions › Section 104 - Individuals subject to chapter -- Jurisdiction over offenses.

Effective 5/4/2022
39A-5-104.
Individuals subject to chapter -- Jurisdiction over offenses.
(1) The following individuals are subject to this chapter:
(a) all members of the National Guard, including full-time members serving under Title 32, United States Code; and
(b) all other individuals lawfully ordered to duty in or with the National Guard or the Utah State Defense Force, from the date required by the terms of the order or other directive.
(2)
(a) If there is a military activation by the federal government, all activated individuals who would otherwise be under the jurisdiction of this chapter are subject to concurrent jurisdiction under federal and state law.
(b) Individuals under this subsection may only be tried for offenses occurring during activation and after release from federal service, while within the period of the applicable statute of limitations.
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 1 - General Provisions › Section 105 - Application of chapter in and outside of the state -- Military courts held outside the state.

Effective 5/4/2022
39A-5-105.
Application of chapter in and outside of the state -- Military courts held outside the state.
(1) This chapter applies to all individuals:
(a) subject to this chapter within the state;
(b) otherwise subject to this chapter while serving outside the state; and
(c) while going to and returning from the service outside the state.
(2) Military courts may be convened and held in units of the National Guard while those units are serving without the state, with the same jurisdiction and powers as to individuals subject to this chapter as if the proceedings were held within the state. Offenses committed without the state may be tried and punished either within or without the state, as military necessity dictates.
(3) Nothing in this chapter limits a commander's authority to use adverse administrative action to address misconduct by a member, regardless of the member's status at the time of the misconduct.
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 1 - General Provisions › Section 106 - Offenses against the state by individual not subject to chapter.

Effective 5/4/2022
39A-5-106.
Offenses against the state by individual not subject to chapter.
An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to produce any evidence which the individual may have been legally subpoenaed to produce, after the individual has been:
(1) 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 the court; and
(2) paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the district courts of the state.
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 1 - General Provisions › Section 107 - Apprehension.

Effective 5/4/2022
39A-5-107.
Apprehension.
(1) An individual authorized under this chapter or rules promulgated pursuant to this chapter to apprehend individuals subject to this chapter, any provost marshal of a military court appointed under this chapter, and any peace officer authorized by law, may apprehend individuals subject to this chapter upon probable cause to believe that an offense has been committed and the individual to be apprehended committed the offense.
(2) Commissioned officers, warrant officers, and noncommissioned officers may quell disorderly conduct among individuals subject to this chapter and may apprehend those individuals who are taking part.
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 1 - General Provisions › Section 108 - Arrest.

Effective 5/4/2022
39A-5-108.
Arrest.
(1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend individuals.
(2) A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.
(3) A commissioned officer or warrant officer may be ordered apprehended, or ordered into arrest or confinement, only by a commanding officer to whose authority the commissioned officer or warrant officer is subject, and only by an order, oral or written, delivered in person or by another commissioned officer. The authority to order the officer apprehended or into arrest or confinement may not be delegated.
(4) A service member may not be apprehended or placed under arrest or confinement except upon probable cause.
(5) This section does not limit an individual authorized to apprehend offenders in securing the custody of an alleged offender until the proper authority may be notified.
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 1 - General Provisions › Section 109 - Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits.

Effective 5/4/2022
39A-5-109.
Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits.
(1) An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge.
(2) After apprehension, the individual is subject to this chapter while in military custody for trial. Upon conviction of the charge the individual is subject to trial for all offenses under this chapter committed prior to the fraudulent discharge.
(3) An individual who has deserted from a military unit, which would subject the individual to the jurisdiction of this chapter, is not relieved from the jurisdiction of this chapter due to a separation from any later period of service.
(4) An individual charged with desertion or absence without leave shall be tried and punished within four years after the preferral of charges.
(5) Except under Subsection (4), an individual charged with any offense may not be tried by a military court or punished under Section 39A-5-303 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising jurisdiction as a military court convening authority.
(6) Periods when the accused was outside the state's jurisdiction or in the custody of civilian authorities are excluded in computing limitations of time 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 1 - General Provisions › Section 110 - Confinement.

Effective 5/4/2022
39A-5-110.
Confinement.
(1)
(a) An individual subject to this chapter, who is charged with an offense under this chapter, may be ordered into arrest or confinement, as circumstances require.
(b) When an individual subject to this chapter is placed into arrest or confinement prior to trial, action shall be taken immediately to notify the individual of the specific offense charged, and to either try the individual, or dismiss the charges and release the individual.
(2) Confinement before, during, or after trial by a military court shall be ordered by a field grade or general officer and may be in a penal institution determined 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 1 - General Provisions › Section 111 - Parties under obligation to keep a prisoner -- Reporting.

Effective 5/4/2022
39A-5-111.
Parties under obligation to keep a prisoner -- Reporting.
(1) A provost marshal, sheriff, or officer of a city or county jail or penal institution designated under Section 39A-5-110, may not refuse to receive or keep any prisoner if the committing officer provides a signed statement indicating the offense charged against the prisoner.
(2) Any party under Subsection (1) charged with keeping a prisoner shall within 24 hours after commitment report to the commanding officer of the prisoner the name of the prisoner, the nature of the offense charged against him, and the name of the individual who ordered or authorized the commitment.
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 1 - General Provisions › Section 112 - Individual confined prior to trial -- Punishment limitations.

Effective 5/4/2022
39A-5-112.
Individual confined prior to trial -- Punishment limitations.
(1) Subject to Section 39A-5-110, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending.
(2) The arrest or confinement imposed on a prisoner may not be more rigorous than necessary to ensure the prisoner's presence. However, the prisoner may be:
(a) subjected to minor punishment during that period for discipline violations; and
(b) required to perform labor as necessary for the policing and sanitation of the prisoner's living conditions, immediately adjacent areas, or as otherwise designated by regulations governing the housing of a prisoner.
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 1 - General Provisions › Section 113 - Individual accused of offense against civilian -- Sentences of military and civilian courts.

Effective 5/4/2022
39A-5-113.
Individual accused of offense against civilian -- Sentences of military and civilian courts.
(1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for judicial proceedings.
(2)
(a) If an individual under sentence imposed by a military court is delivered to a civilian authority under this section, and the individual is convicted in a civilian court, the execution of the sentence of the military court is interrupted.
(b) After the individual has completed the sentence imposed by the civilian court, upon request of military authority, the individual shall be returned to military custody for completion of the 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 1 - General Provisions › Section 114 - Charges and specifications -- Contents -- Notification of accused.

Effective 5/4/2022
39A-5-114.
Charges and specifications -- Contents -- Notification of accused.
(1) Charges and specifications shall be signed by a member subject to this chapter under oath before an individual authorized to administer oaths and shall state that:
(a) the individual signing has personal knowledge of, or has investigated, the matters set forth in the document; and
(b) the matters set forth are true to the best of the individual's knowledge and belief.
(2)
(a) Upon the preferring of charges, the appropriate authority shall take action immediately to determine what disposition should be made in the interest of justice and discipline.
(b) The accused shall be informed of the charges against him or her as soon as practicable.
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 1 - General Provisions › Section 115 - Individual charged -- Limits on evidence obtained from other individuals.

Effective 5/4/2022
39A-5-115.
Individual charged -- Limits on evidence obtained from other individuals.
(1) An individual subject to this chapter may not:
(a) compel any individual to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate the individual;
(b) interrogate, or request any statement from an accused or an individual suspected of an offense, without first:
(i) informing the individual of the nature of the accusation; and
(ii) advising the individual that a statement is not required regarding the offense of which the individual is accused or suspected, and that any statement may be used as evidence against the individual in a trial by military court; and
(c) compel any individual to make a statement or produce evidence before any military court, if the statement or evidence is not material to the issue before the court and may tend to degrade the individual.
(2) A statement obtained from any individual in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may not be received in evidence against the individual in a trial by 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 1 - General Provisions › Section 116 - Charges to be forwarded to governor or adjutant general.

Effective 5/4/2022
39A-5-116.
Charges to be forwarded to governor or adjutant general.
When an individual is held for trial by military court, the commanding officer shall forward the charges, together with the investigation and related papers, to the governor or the adjutant general within five working days, excluding holidays, after the accused is ordered into arrest or confinement.
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 1 - General Provisions › Section 117 - Review of charge by SJA -- Corrections to charges.

Effective 5/4/2022
39A-5-117.
Review of charge by SJA -- Corrections to charges.
(1)
(a) Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice.
(b) The convening authority may not refer a charge to a military court for trial unless he or she has found that the charge alleges an offense under this chapter and is warranted by sufficient evidence, as indicated in the report of the investigation.
(2) 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 changes in the charges and specifications as necessary may be made to conform to the evidence.
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 1 - General Provisions › Section 118 - Service of charges on accused.

Effective 5/4/2022
39A-5-118.
Service of charges on accused.
(1) The trial counsel to whom charges are referred for trial shall cause to be served upon the accused a copy of the charges to be tried.
(2) An individual may not, against his or her objection, be brought to trial or be required to participate in a session called by the military judge under Section 39A-5-216, in a military court case, within five days after the service of charges.
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 1 - General Provisions › Section 119 - Chapter interpretation -- Federal law governs.

Effective 5/4/2022
39A-5-119.
Chapter interpretation -- Federal law governs.
(1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to Section 39A-3-102, apply to and govern the National Guard of this state, including all members on active duty within the state as active duty guard or reserve personnel under U.S.C.A. Title 32, National Guard.
(2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations, manuals, forms, precedents, and usages implementing, interpreting and complementing the code, is adopted for use by the National Guard of this state and applies as long as it is not inconsistent with:
(a) the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state; or
(b) a rule or regulation adopted pursuant to Section 39A-3-102, to govern the National Guard of this state, including all members on active duty within the state as active duty guard or reserve personnel under U.S.C.A. Title 32, National Guard, when the members are serving other than in a federal capacity under U.S.C.A. Title 10.
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 201 - Military courts.

Effective 5/4/2022
39A-5-201.
Military courts.
This part sets the requirements and procedures for the conduct of military courts of the Utah National Guard.
Enacted 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 202 - Composition -- Convening authority -- Responsibilities.

Effective 5/4/2022
39A-5-202.
Composition -- Convening authority -- Responsibilities.
(1) Within the National Guard while not in federal service, there is created a military court to hear matters designated under the Utah Code of Military Justice.
(2) The governor or the adjutant general of the state is the convening authority for any military court in the state and upon receipt of charges may:
(a) dismiss any charges;
(b) forward charges to a subordinate commander for disposition; or
(c) refer charges to a military court for trial.
(3) A military court shall be convened in accordance with this part.
(4) The court shall be composed of:
(a) a military judge and not fewer than three panel members; or
(b) a military judge, if before the court is assembled, the accused, knowing the identity of the military judge and after consultation with his defense counsel, requests in writing a court composed only of a military judge, and the military judge approves the request.
(5) The convening authority of a military court or court of inquiry:
(a) shall detail or employ qualified court reporters to record the proceedings of and testimony taken by the court; and
(b) may detail or employ interpreters, as necessary.
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 203 - Jurisdiction -- Punishments.

Effective 5/4/2022
39A-5-203.
Jurisdiction -- Punishments.
(1)
(a) A military court in this state has jurisdiction to try individuals subject to this chapter for any offense punishable by this chapter.
(b) The military court may, under limitations the governor may prescribe, and under applicable state and federal regulations governing punishment, impose any punishment described in Section 39A-5-302 and not prohibited by this chapter or state law, including the issuance of a bad conduct discharge, when the court is in session to consider a penalty.
(2) Each major command component of the National Guard has military court jurisdiction over all individuals subject to this chapter. The exercise of this jurisdiction by one command component over members of another shall be in accordance with regulations prescribed by the governor.
(3) Members of the Utah National Guard in federal service are subject to the federal Uniform Code of Military Justice and all federal and state laws pertaining to them, until released back to state control.
(4) The jurisdiction of the courts established by this chapter is presumed, and the burden of proof shall rest on any individual attacking the court's jurisdiction in any action or proceeding.
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 204 - Authority -- Processes and mandates.

Effective 5/4/2022
39A-5-204.
Authority -- Processes and mandates.
(1) A military court may issue all processes and mandates necessary to carry into effect the court's authority.
(2) Processes and mandates:
(a) may be issued by a military court judge or the president of other military courts;
(b) may be directed to and executed by the military police assigned to the court, or any peace officer; and
(c) shall be in a form prescribed by regulations issued under this chapter.
(3)
(a) All officers to whom processes or mandates are directed shall execute and return all actions in accordance with the requirements of the documents.
(b) Except as otherwise provided in this chapter, an officer may not demand or require payment of any fee or charge for receiving, executing, or returning a process or mandate, or for any service in connection with either document.
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 205 - Execution of military court processes and sentences.

Effective 5/4/2022
39A-5-205.
Execution of military court processes and sentences.
The processes and sentences of the National Guard in its military court, when the guard is not in federal service, shall be executed by the civil officers prescribed by state 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 206 - Military judge -- Qualifications -- Designation for detail.

Effective 5/4/2022
39A-5-206.
Military judge -- Qualifications -- Designation for detail.
(1) The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session of the court.
(2) A military judge shall be:
(a) a commissioned officer;
(b) a member of the Utah State Bar;
(c) a member of the bar of a federal court; and
(d) certified as qualified for duty by the state judge advocate.
(3) Unless the military court is convened by the governor, neither the adjutant general nor the adjutant general's staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's performance of duty as a military judge.
(4) An individual is not eligible to act as a military judge in a case if the individual:
(a) is the accuser;
(b) is a witness in the case;
(c) has acted as investigating officer; or
(d) is a counsel in the same case.
(5) The military judge of a court may not:
(a) consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel; or
(b) vote with the members of the court.
Renumbered and Amended by Chapter 373, 2022 General Session