reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2082 - Leaves of absence to government employees

All officers and employees of the Government of Puerto Rico or its political subdivisions, agencies and public corporations, who are members of the Military Forces of Puerto Rico, shall be entitled to a military leave of absence up to a maximum of thirty (30) days a year to be absent from their respective posts without the loss of pay, time or efficiency rating during the period in which they were rendering military services as part of their annual training or in military schools, when so ordered or authorized under the provisions of the laws of the United States of America or the Commonwealth of Puerto Rico. Provided, That when said Federal or Commonwealth Active Military Service is in excess of thirty days, such member of the Military Forces of Puerto Rico may complete such period of annual training or military school chargeable to any leave with pay accrued or any leave without pay to which he is entitled.
History —June 23, 1969, No. 62, p. 117, § 231, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2083 - Leaves of absence to employees of private enterprises

All officers or employees of private enterprise who are members of the Military Forces of Puerto Rico shall be entitled to military leaves of absence from their respective posts or employment without loss of time or efficiency rating during the period they were engaged in military service as part of their annual period of training or to comply with any call for Commonwealth Active Military Service made to members of the Military Forces of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 232, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2084 - Failure to report for duty; preventing or discriminating against for duty; penalties

(a) Every member of the Military Forces of Puerto Rico who fails to report for duty to his Commanding Officer on the date and time prescribed by the Commander-in-Chief to report for duty in the Commonwealth Active Military Service or for duty other than the Commonwealth Active Military Service and all persons subject to the provisions of §§ 2054 and 2055 of this title, who having been duly summoned by a drafting officer, fail to appear as aforesaid, without a valid cause to justify their nonappearance in the cases set forth above, shall be deemed as absent without authorization or as deserters from duty, as the case may be, and shall be dealt with as prescribed in §§ 2301—2788 of this title relative to Military Justice.
(b) Any employer who prevents, obstructs or does not allow a member of the Military Forces of Puerto Rico to be absent from his respective office or employment in order to report to military duty as part of his military training or in compliance with a call to Commonwealth Active Military Service, or who dismisses or in any other way discriminates against an employee by reason of his absences in the performance of any military duty as above mentioned or by reason of being a member of the Military Forces of Puerto Rico shall be guilty of a felony and upon conviction shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than three (3) years, or both penalties, in the discretion of the court.
(c) Any employer who in violation of the provisions of subsection (b) of this section dismiss[es] or discriminates against one of his employees shall be bound to reinstate said employee in his employment or office without any loss of pay whatsoever, retroactive to the date of dismissal, and/or to reinstate him in all his rights, privileges and/or benefits, all retroactive to the date of dismissal or discrimination, as the case may be.
The right of an employee so dismissed or discriminated against to demand from his employer fulfillment of the obligation imposed by this subsection shall last six (6) months reckoning from the date of the dismissal or discrimination.
—June 23, 1969, No. 62, p. 117, § 233; May 19, 1976, No. 44, p. 117, § 8.
History
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2085 - Protection of flag and uniform

With respect to the norms for the protection of the flag, same shall be subject to the provisions of the laws applicable and to the Regulations of the Flag of the Commonwealth of Puerto Rico promulgated to such effect. The Commander-in-Chief shall promulgate rules for the protection of the uniform of the Military Forces of Puerto Rico, which shall be analogous to those established for the Army of the United States.
History —June 23, 1969, No. 62, p. 117, § 234, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2086 - Military decorations

The corresponding decorations and medals shall be authorized and awarded to members of the Military Forces of Puerto Rico for acts of gallantry or for exceptional or meritorious services while serving therein, pursuant to the rules and regulations that to such effect the Commander-in-Chief may prescribe.
History —June 23, 1969, No. 62, p. 117, § 235, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2088 - Maintenance of unauthorized troops prohibited

The organization, drilling, or parading, or the attempt to organize, drill or parade on the part of any armed forces, other than the Military Forces of Puerto Rico authorized by this part, is hereby declared to be a felony punishable by imprisonment in the penitentiary for a term of not less than two years nor more than ten years or by a minimum fine of two thousand dollars ($2,000) or a maximum of ten thousand dollars ($10,000) or by both penalties in the discretion of the court.
History —June 23, 1969, No. 62, p. 117, § 237, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2089 - Loss of employment; penalty

Any employer who by himself, or through connivance with another person, deprives a member of the Military Forces of Puerto Rico from his employment or obstructs or impairs said member from obtaining such employment because of the fact of his belonging to such organization or who dissuades him from enlisting in the Military Forces of Puerto Rico under threat of bodily injury or another form of intimidation, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars ($500) or imprisonment in jail not to exceed six (6) months, or both penalties, in the discretion of the court.
History —June 23, 1969, No. 62, p. 117, § 238, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2090 - Matters not covered by this part

All matters relative to the organization, discipline and direction of the Military Forces of Puerto Rico, not otherwise provided for in this code, shall be governed by the regulations which to that effect shall be promulgated by the Commander-in-Chief of the Military Forces of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 239, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2091 - Reports to the Secretary of the Treasury of Puerto Rico

The National Guard of Puerto Rico shall render to the Secretary of the Treasury of Puerto Rico the same reports and statements relative to funds and properties belonging to the Military Forces of Puerto Rico under its custody as required from other dependencies and officers of the Commonwealth of Puerto Rico who have similar responsibilities.
History —June 23, 1969, No. 62, p. 117, § 240, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2092 - Annual budget

In the annual general budget of the Government of Puerto Rico there shall be assigned the sum as may be necessary to carry out the provisions of this part.
History —June 23, 1969, No. 62, p. 117, § 241, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 203 - Organization and Command (§§ 2051 — 2093) › Subchapter I - National Guard of Puerto Rico (§§ 2051 — 2093) › § 2093 - National Guard of Puerto Rico and the State Guard of Puerto Rico transferred to the Military Forces of Puerto Rico

All military units, personnel and the equipment and any properties and obligations appertaining to the National Guard of Puerto Rico created by Act No. 28 of April 12, 1917, as amended, or the State Guard of Puerto Rico, created by Act No. 28 of April 13, 1942, as amended, shall be transferred to the Military Forces of Puerto Rico as soon as this act takes effect, which shall acquire them with retroactive effect to said date in which the aforesaid acts took effect and the Secretary of the Treasury of Puerto Rico shall transfer and credit to the account of the Military Forces of Puerto Rico and funds appearing in the name of the National Guard of Puerto Rico or of the State Guard of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 242, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2201 - Authority to organize, name

Whenever the National Guard of Puerto Rico, or any part thereof, should be called to Active Federal Military Service, the Governor of Puerto Rico is hereby empowered to organize and maintain within the territorial limits of the Commonwealth, and during the time said National Guard of Puerto Rico, or any part thereof, should be rendering such services, such military forces as the Governor may deem necessary for the safety and defense of the Commonwealth.
Said forces shall be composed of those officers and enlisted men appointed or detached to same and of all those male or female citizens of the United States, bona fide residents of the Commonwealth of Puerto Rico, who are physically and mentally fit and who volunteer to serve in said forces. This body shall be an integral part of the Military Forces of Puerto Rico and shall be known as the “State Guard of Puerto Rico”.
While the State Guard of Puerto Rico has not been called or ordered partially or totally to service, the Governor may issue those commonwealth appointments, without federal recognition, of officers, noncommissioned officers and enlisted men that he may deem advisable to the effect of maintaining a cadre of units for the State Guard of Puerto Rico. The personnel so appointed may be called to duty with their consent with or without pay, in the discretion of the Governor, to receive periodical or annual training for the periods they may voluntarily accept; Provided, That to such effects, the Governor may delegate to the Adjutant General of Puerto Rico the appointments of noncommissioned officers and enlisted men.
History —June 23, 1969, No. 62, p. 117, § 300; May 19, 1976, No. 44, p. 117, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2202 - Rules and regulations by Governor

The Governor is hereby authorized to prescribe rules and regulations not in conflict with the provisions of this chapter, in regard to age requirements, enlistment, organization, administration, equipment, maintenance, training, and discipline of such forces; Provided, That said rules and regulations shall be in conformity with the laws of Puerto Rico applicable to the Military Forces of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 301, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2203 - Pay, reemployment rights

Whenever the Governor of Puerto Rico, as Commander-in-Chief of the National Guard of Puerto Rico, orders same to the Commonwealth Active Military Service, said body shall receive such pay and compensation as may be established and fixed by the Governor to that effect, and they cannot be higher than those established for similar ranks corresponding to the Army of the United States; Provided, That the officers as well as the men enlisted in any branch of the State Guard shall receive remuneration or pay for each day of drill or for any other official service to which they may be assigned, which remuneration or pay shall be in such amount as may be established according to the foregoing provisions of this section; and Provided, further, That such remuneration or pay will in no way affect any compensation to which any member of the State Guard may be entitled by reason of his services as an employee of either the federal or the Commonwealth Government.
Any person who by reason of his membership in the National [State] Guard of Puerto Rico absents himself from a position or employment and who, upon the honorable termination of his State Active Military Service or training with the State Guard of Puerto Rico is still qualified to perform the duties of such position and makes application for reemployment within forty days after he is relieved from such training and service:
(1) If such position was in the employ of the Commonwealth Government or any of the municipalities of Puerto Rico, such person shall be restored to such position or appointed to a position of like seniority, status, and pay.
(2) If such position was in the employ of a private employer, such employer shall restore such person to such position or a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.
History —June 23, 1969, No. 62, p. 117, § 302, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2204 - Arms, equipment and barracks

The Governor of Puerto Rico may facilitate for the use of the force of the State Guard of Puerto Rico the barracks, arms and equipment belonging to the National Guard of Puerto Rico not in use by said force, as well as such public buildings and properties as may be available. The Governor may request from the Secretary of the Army of the United States to facilitate to the State Guard of Puerto Rico all such arms and equipment as may be furnished for such forces by the Department of the Army of the United States.
History —June 23, 1969, No. 62, p. 117, § 303, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2205 - Call to service of State Guard

The State Guard of Puerto Rico may be called into State Active Military Service in the cases and in the manner prescribed in this part to call the Military Forces of Puerto Rico into State Active Military Service.
History —June 23, 1969, No. 62, p. 117, § 304, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2206 - Active service outside Puerto Rico

The Governor of Puerto Rico, upon request of the President of the United States, can order the whole of this force, or any part thereof, to help the military forces of any state, territory or possession of the United States which may be then assigned to the defense of said state, territory or possession.
History —June 23, 1969, No. 62, p. 117, § 305, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2207 - Civil groups

No organization, club, order, fraternity, association, brotherhood, body, union, civil league, or persons united by a common interest, shall form part of the State Guard of Puerto Rico as such organization or unit.
History —June 23, 1969, No. 62, p. 117, § 306, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2208 - Disqualification for service

No person shall be commissioned or enlisted in the State Guard if he is not a citizen of the United States or if he has been dishonorably discharged from any organization of the Military Forces of Puerto Rico or of the Armed Forces of the United States or of the Armed Forces of any other state, territory or possession of the United States.
History —June 23, 1969, No. 62, p. 117, § 307, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2209 - Oath for officers

The officers commissioned in the State Guard of Puerto Rico shall take an oath pursuant to the regulations as prescribed by the Adjutant General of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 308, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2210 - Enlistment, oath

No person shall be enlisted for more than one (1) year, but said enlistment may be subsequently renewed for a similar term. The oath to be taken at the moment of the enlistment or commission must be substantially in the manner prescribed for persons enlisted in the Military Forces of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 309, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2211 - Application of military laws

Whenever the State Guard of Puerto Rico, or any part thereof, is called to State Active Military Service by the Governor of Puerto Rico or is rendering any other lawful military service, it shall be subject to the Military Code of Puerto Rico, this part, applicable to members of the Military Forces of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 310, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2212 - Separation from State Guard

The State Guard of Puerto Rico must be separated from the service to which it has been called by the Governor of Puerto Rico and dissolved when the National Guard of Puerto Rico has returned to the control of the Commonwealth or within the term of thirty (30) days after its return.
History —June 23, 1969, No. 62, p. 117, § 311, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2213 - Expenditures

Expenditures incurred in carrying out the provisions of this chapter shall be paid out of such funds that the Governor of Puerto Rico may, to such effect, appropriate in the order issued for the organization and training of the State Guard of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 312, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 205 - Organization and Regulation (§§ 2201 — 2214) › Subchapter I - State Guard of Puerto Rico (§§ 2201 — 2214) › § 2214 - Short title

This chapter shall be known and may be cited as the “State Guard of Puerto Rico Act”.
History —June 23, 1969, No. 62, p. 117, § 313, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter I - General Provisions (§§ 2301 — 2305) › § 2301 - Persons subject to this Code

This Code applies to all active and inactive members of the Military Forces of Puerto Rico not in Federal Active Military Service and therefore shall apply to said members of the Military Forces of Puerto Rico even while they are rendering Active Service or Active Military Service, and Commonwealth Active Military Service.
History —June 23, 1969, No. 62, p. 117, § 400; May 19, 1976, No. 44, p. 117, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter I - General Provisions (§§ 2301 — 2305) › § 2302 - Jurisdiction to try certain personnel

(a) Each person discharged from the Military Forces of Puerto Rico who is later charged with having fraudulently obtained his discharge is, subject to § 2608 of this title, subject to trial by court-martial on that charge and is after apprehension subject to this Code while in the custody of the Military Forces of Puerto Rico for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.
(b) No person who has deserted from the Military Forces of Puerto Rico may be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any later period of service.
History —June 23, 1969, No. 62, p. 117, § 401, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter I - General Provisions (§§ 2301 — 2305) › § 2303 - Dismissal of officers

(a) If any commissioned officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged.
The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(b) If the Governor fails to convene a court-martial within six (6) months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(c) If an administrative discharge is substituted for a dismissal under this section, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
History —June 23, 1969, No. 62, p. 117, § 402, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter I - General Provisions (§§ 2301 — 2305) › § 2304 - Territorial applicability of this Code

(a) This Code shall apply throughout the territory of the Commonwealth of Puerto Rico. It shall also be applicable to all persons subject to same while they are serving outside Puerto Rico and while they are going to and returning from such service outside Puerto Rico in the same manner and to the same extent as if they were serving within Puerto Rico.
(b) Courts-martial and courts of inquiry may be convened and held in units of the Military Forces of Puerto Rico while those units are serving outside the territory of the Commonwealth of Puerto Rico with the same jurisdiction and powers as to persons subject to this Code, as if the proceedings were held within the Commonwealth of Puerto Rico and offenses committed outside Puerto Rico may be tried and punished either within or outside Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 403, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter I - General Provisions (§§ 2301 — 2305) › § 2305 - Judge Advocates and legal officers

(a) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the Military Forces of Puerto Rico as Judge Advocate of Puerto Rico. To be eligible for appointment, an officer must be a member of the bar of the Supreme Court of Puerto Rico and must have been a member of the Bar Association of Puerto Rico for at least five years.
(b) The Adjutant General may appoint as many Assistant Judge Advocates as he may deem necessary. To be eligible for appointment, Assistant Judge Advocates of Puerto Rico must be officers of the Military Forces of Puerto Rico and members of the bar of the Supreme Court of Puerto Rico or of the federal court.
(c) The Judge Advocate of Puerto Rico and his assistants shall make frequent inspections of the units in supervision of the administration of military justice.
(d) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate of Puerto Rico.
(e) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel or assistant defense counsel or investigating officer in any case may later act or intervene as a staff judge advocate or legal officer to any reviewing authority upon the same case.
History —June 23, 1969, No. 62, p. 117, § 404, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2351 - Military apprehension

(a) Military apprehension is the taking of a person into custody.
(b) Any person authorized by this Code or by the regulations promulgated thereunder to apprehend persons subject to this Code or to be tried thereunder, any marshal of a court-martial appointed pursuant to the provisions of this Code, and any peace officer may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers and noncommissioned officers shall have authority to quell mutinies, breach of the peace, quarrels, frays and disorders among persons subject to this Code and to apprehend persons subject to this Code who take part therein.
History —June 23, 1969, No. 62, p. 117, § 500, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2352 - Apprehension of deserters

Any civil officer having authority to apprehend offenders under the laws of the United States of America or of the Commonwealth of Puerto Rico, or of any state, District of Columbia, territory or possession may summarily apprehend a deserter from the Military Forces of Puerto Rico and deliver him into its custody. If an offender is apprehended outside Puerto Rico, his return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
History —June 23, 1969, No. 62, p. 117, § 501, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2353 - Imposition of restraint

(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this Code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(c) A commissioned officer, warrant officer or a civilian subject to this Code or to be tried thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
History —June 23, 1969, No. 62, p. 117, § 502, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2354 - Restraint of persons charged with offenses

Any person subject to the provisions of this Code, charged with an offense under this Code shall be ordered into arrest or confinement as circumstances may require. When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. Upon previous investigation he shall be tried within one hundred twenty (120) days following his arrest or confinement, and he shall be granted sufficient time to prepare his defense or charges will be dismissed and he will be released.
History —June 23, 1969, No. 62, p. 117, § 503, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2355 - Confinement, imprisonment and seclusion in Commonwealth jails

Confinement, imprisonment and seclusion, other than in a guardhouse, whether before, during or after trial by a military court, shall be in jails, penitentiaries or prisons designated by the Governor or by the Adjutant General upon previous consultation with the Secretary of Justice.
History —June 23, 1969, No. 62, p. 117, § 504, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2356 - Reports and receiving of prisoners

(a) No commander of a guard, or keeper of a jail, prison, penitentiary or any other type of penal institution for the confinement of offenders designated by the Governor or the Adjutant General, as provided in § 2355 of this title, shall refuse to receive and keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by the officer who so ordered, and in which there is specified the charges made against the prisoner.
(b) Every commander of a guard, warden of a municipal jail, keeper of a prison, penitentiary or any other type of penal institution for the seclusion of delinquents as designated by the Governor or the Adjutant General in accordance with § 2355 of this title, to whose charge a prisoner is committed shall, within twenty-four (24) hours after that commitment, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
History —June 23, 1969, No. 62, p. 117, § 505, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2357 - Punishment prohibited before trial

Subject to § 2654 of this title, no person while being held for trial or the result of trial may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances [require to insure his presence, but he may be] subjected to minor punishment during that period for infractions of discipline.
History —June 23, 1969, No. 62, p. 117, § 506, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter II - Apprehension and Restraint (§§ 2351 — 2358) › § 2358 - Delivery of offenders to civil authorities

(a) Under such regulations as may be prescribed under this Code, any person subject to this Code who is on active state duty who is accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial.
(b) When a person, subject to this Code, is waiting to be tried or serving a penalty imposed upon him by a court-martial and is delivered to civil authorities as hereinunder provided to answer to any offense, if followed by conviction in a civil tribunal, after a request to such effect shall be returned to the military authority upon completion of his sentence to answer the charge or to serve the sentence given by the court-martial.
(c) Any order for imprisonment, insofar as consistent with this Code, shall be executed in accordance with what has been established by the Rules of Criminal Procedure of the Commonwealth of Puerto Rico and by the officers and officials provided thereby for such cases.
History —June 23, 1969, No. 62, p. 117, § 507, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2451 - Classified

The three kinds of courts-martial in the Military Forces of Puerto Rico are:
(1) General courts-martial consisting of:
(a) A law officer and not less than five members, or
(b) only one law officer, if before the court has convened the accused, recognizing the identity of the law officer, and after consulting with his counsel, requests in writing a court composed of only one law officer and the law officer so approves.
(2) Special courts-martial consisting of:
(a) Not less than three (3) members; or
(b) one law officer and not less than three (3) members, or
(c) only one law officer, if one has been appointed to the court and the accused under the same conditions prescribed in subsection (1)(b) of this section so requests.
(3) Summary courts-martial consisting of one officer.
History —June 23, 1969, No. 62, p. 117, § 700, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2452 - Jurisdiction in general

(a) The Military Forces of Puerto Rico shall have jurisdiction to convene courts-martial and to try all persons subject to this Code. The exercise of jurisdiction by one component of the military forces over personnel of another component shall be in accordance with regulations prescribed by the Governor.
History —June 23, 1969, No. 62, p. 117, § 701; May 19, 1976, No. 44, p. 117, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2453 - General courts-martial

Pursuant to the provisions of § 2452 of this title, the general courts-martial shall have jurisdiction to try persons subject to this Code, and for any violation punishable by this Code may, subject to such limitations as the Governor may prescribe, impose any of the following punishments:
(a) Fines not exceeding two thousand dollars ($2,000).
(b) Forfeiture of pay and allowances.
(c) Dismissal from service or dishonorable discharge.
(d) Reprimand.
(e) Demotion of a noncommissioned officer to lower ranks.
(f) Confinement for not more than six (6) months.
(g) Any combination of two or more of the punishments herein set forth.
History —June 23, 1969, No. 62, p. 117, § 702; May 19, 1976, No. 44, p. 117, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2454 - Special courts-martial

Pursuant to the provisions of § 2452 of this title, special courts-martial shall have jurisdiction to try persons subject to the provisions of this Code, except commissioned officers, for any offense punishable hereunder.
A special court-martial has the same punishing powers as a general court-martial, except that a fine imposed by a special court-martial may not exceed one thousand dollars ($1,000) for a single offense and neither may it adjudge dismissal from service, dishonorable discharge, confinement for more than three (3) months, forfeiture of pay in excess of two-thirds ( 2 / 3 ) of the monthly pay for more than three (3) months, or hard labor without confinement. It may adjudge a bad-conduct discharge under the following requirements:
(a) That there is a record of all the proceedings, evidence and testimonies produced before said court;
(b) that a counsel with the qualifications prescribed by § 2506 of this title has been designated to represent the accused, and
(c) a law officer has been designated for the trial; except that in any case that for physical reason or military requirements a law officer has not been designated, this last requirement may be dispensed with. In any case where no law officer has been designated, the convening authority shall attach to the record a detailed written statement setting forth the reason or reasons which prevented the designation of the law officer.
History —June 23, 1969, No. 62, p. 117, § 703; May 19, 1976, No. 44, p. 117, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2455 - Summary courts-martial

(a) Subject to § 2452 of this title, summary courts-martial shall have jurisdiction to try persons subject to this Code, except officers, for any offense punishable hereunder.
(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If an accused objects to being tried by a summary court-martial, trial may be ordered by special or general court-martial, as may be appropriate.
(c) A summary court-martial may sentence to a fine of not more than two hundred fifty dollars ($250) for a single offense, confinement for not more than forty-five (45) days, restriction to specific boundaries for not more than thirty (30) days, or forfeiture of not more than two-thirds (2 / 3) of the monthly pay.
History —June 23, 1969, No. 62, p. 117, § 704; May 19, 1976, No. 44, p. 117, § 16.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2456 - Jurisdiction not exclusive

The provisions of this Code conferring jurisdiction upon courts-martial shall not deprive other military courts, commissions or military boards of concurrent jurisdiction with respect to offenders or offenses that by statute may be tried by said courts, commissions or military boards.
History —June 23, 1969, No. 62, p. 117, § 705, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2457 - Sentence of dismissal or dishonorable discharge

In the Military Forces of Puerto Rico not in federal active service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor.
History —June 23, 1969, No. 62, p. 117, § 706, eff. 90 days after June 23, 1969.