2005 46-603 — ACTIVE DUTY -- IDAHO CODE OF MILITARY JUSTICE IN FORCE -- COURT-MARTIAL -- ADDITIONAL JURISDICTION

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 6
                         MARTIAL LAW AND ACTIVE DUTY
    46-603.  ACTIVE DUTY -- IDAHO CODE OF MILITARY JUSTICE IN FORCE --
COURT-MARTIAL -- ADDITIONAL JURISDICTION. Whenever any portion of the national
guard of this state, or of the organized militia, or both, shall be on active
duty or ordered to assemble for duty in time of war or state of extreme
emergency, or for any other cause, all such military personnel shall be
governed by and subject to the provisions of the Idaho code of military
justice. Over all offenses committed by members of the national guard while
under the provisions of the Idaho code of military justice as provided in this
section, a court-martial shall possess in addition to the jurisdiction and
power of sentence and punishment now vested in them, all additional
jurisdiction and power of sentence and punishment exercisable by like courts
under the Idaho code of military justice, but no punishment imposed under the
Idaho code of military justice which shall extend to the taking of a life
shall, in any case, be inflicted except in time of actual war, invasion or
insurrection, declared by proclamation of the governor to exist, and then only
after the governor has approved such sentence. Imprisonment other than in the
guardhouse shall be executed in jails or prisons designated by the governor
for that purpose.