2006 Oklahoma Code - Title 44. — Militia

OKLAHOMA STATUTES

TITLE 44.

MILITIA

_________

§441.  Short title.

This act shall be known, and may be cited as, "The Oklahoma Military Code."

Laws 1951, p. 114, art. 1, § 1, eff. May 16, 1951.

§442.  Purpose.

The purpose of this act is to revise, amend, correct and bring up to date the statutes relating to the Military Department of Oklahoma, the Organized and Unorganized Militia, and the National Guard of Oklahoma, and as set forth in the title hereof.

Laws 1951, p. 114, art. 1, § 2, eff. May 16, 1951.

§443.  Reference to repealed clauses.

When an act or law of the State of Oklahoma, not repealed herein, shall refer to any act or any section of any law which is repealed herein, such reference shall be deemed to refer to the section or sections of this act covering the same subject matter.

Laws 1951, p. 114, art. 1, § 4, eff. May 16, 1951.

§444.  Partial invalidity.

If any clause, sentence, paragraph, provision, or part of this act be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such shall not affect, impair or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, provision, or section thereof directly involved in the controversy in which such judgment is rendered.  The Legislature hereby declares that it intended separately to enact every sentence, part, clause, provision, and section of this act.

Laws 1951, p. 114, art. 1, § 5, eff. May 16, 1951.

§44-5.  Repealed by Laws 1961, p. 288, § 1, eff. July 21, 1961.

§446.  Honorary staff of the Governor.

The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire.  All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions shall expire with the term of office of the Governor making such appointment.  Staff officers shall not be subject to jury duty during the period of their service.  The Adjutant General shall be ex officio Chief of Staff.

Laws 1951, p. 114, art. 1, § 7, eff. May 16, 1951.

§4421.  Military Department.

The Military Department of the State of Oklahoma is hereby established and shall be administered and controlled by the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof.  The Military Department is hereby organized into separate departments for the Army National Guard and the Air National Guard, and there shall be assigned to each department such officers, enlisted men and employees as may be considered necessary by the Governor as Commander in Chief and as may be authorized by law and Army National Guard regulations and Air National Guard regulations.

Laws 1951, p. 114, art. 2, § 1, eff. May 16, 1951; Laws 1959, p. 195, § 1, eff. July 16, 1959.

§44-21.1.  Personnel - Classified service - Special requirements for designated positions - Separation of employees in designated positions.

Personnel appointed as state employees in the Military Department shall be in the classified service of the state, except as otherwise provided by law, and shall be subject to the provisions of the Oklahoma Personnel Act concerning appointments, promotions, adverse actions, and all other personnel matters.  However, the Adjutant General may establish a requirement for membership in the National Guard as a special requirement for appointment to, and continued employment in, certain positions in the classified service which require special military training, exercise of command authority, direct specified military programs, or perform other functions directly related to administration and training of the National Guard or the maintenance or repair of National Guard facilities, equipment, or supplies.  Such designated positions shall include the specified military grade or grades authorized by the Adjutant General for appointment to the position and continued employment therein.  An employee in a designated position who is separated from the National Guard or who does not hold the specified military grade for the position will be reclassified, promoted, demoted, transferred or separated in accordance with the provisions of the Oklahoma Personnel Act and the Merit Rules for Employment.

Laws 1990, c. 258, § 32, operative July 1, 1990.

§4422.  Administration of military matters.

All matters concerning or relating to the Militia, the National Guard, or other military organizations, and such other duties as may be assigned by the Governor, shall be administered by and through the Military Department.

Laws 1951, p. 114, art. 2, § 2, eff. May 16, 1951.

§4423.  Governor as Commander in Chief  Powers  Armed military forces from other state or territory  Independent military organizations.

The Governor of the state shall be the Commander in Chief of the Militia, and as such shall have supreme command of the military forces of the state while in the service of the state or until they are ordered and accepted into the service of the United States.  While in the service of the state, he shall have power to muster out any organization of the state, discharge enlisted men, as provided herein, and perform such other acts in keeping with the laws of the Commander in Chief, subject to the laws of the United States and regulations prescribed by the President of the United States.  No armed military force from another state or territory shall be permitted to enter the state without his permission, unless such military force be a part of the United States, or is acting under the authority of the United States.  No independent military organization, except as a corps of cadets at the educational institutions, shall be permitted to bear arms without first securing permission of the Commander in Chief.

Laws 1951, p. 114, art. 2, § 3, eff. May 16, 1951.

§4424.  Adjutant General  Eligibility  Appointment.

The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve during the pleasure of the Governor.  No person shall be eligible to hold the office of the Adjutant General of this state, unless, at the time of his appointment, he is a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Major, and that his status as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States, shall have existed for at least three (3) years prior to the time of such appointment; or unless, within five (5) years prior to the time of his appointment, he has been a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Major, and that during his military service he served for a period of three (3) years as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States; provided that if the National Guard of Oklahoma is in active federal service and no persons having the above qualifications are available within the state, then the Governor may appoint, subject to the advice and consent of the Senate, any suitably qualified person who at any time in the preceding ten (10) years would have been qualified, as above, and who has served at least two (2) years in active federal service in the grade of Major or higher.

Laws 1951, p. 115, art. 2, § 4, eff. May 16, 1951; Laws 1971, c. 290, § 1.

§4425.  Rank of Adjutant General  Assistants.

The Adjutant General shall have the rank of Major General and devote his full time to the duties of his office.  The Governor may appoint an Assistant Adjutant General for Army and Assistant Adjutant General for Air to assist the Adjutant General in the discharge and performance of his duties.  Such Assistant Adjutants General shall have the qualifications prescribed by law for the Adjutant General and shall have the rank of Brigadier General.  The Adjutant General may appoint an employee to the position of Executive Assistant and Programs Manager for the Military Department of the state.  Said position shall be unclassified and exempt from the rules and procedures of the Office of Personnel Management, except leave regulations.

Laws 1951, p. 115, art. 2, § 5, eff. May 16, 1951; Laws 1959, p. 195, § 2, eff. July 16, 1959; Laws 1990, c. 258, § 33, operative July 1, 1990.

§4426.  Duties of the Adjutant General.

The Adjutant General shall be in control of the Military Department of the state, subordinate only to the Governor, whose military adviser he shall be.  Within the limitations and under the provisions of law, he shall supervise and direct the National Guard within the service of the state and when under state control in all of its organization, training and other activities; shall receive and give effect to the orders of the Governor; and shall perform such other military and defense duties, not otherwise assigned by law, as the Governor may prescribe.

Laws 1951, p. 115, art. 2, § 6, eff. May 16, 1951; Laws 1959, p. 195, § 3, eff. July 16, 1959.

§4427.  Compensation of personnel.

The Adjutant General and Assistant Adjutants General shall be paid a sum equivalent to the pay of his/her federally recognized rank, exclusive of allowances.  Other officers and enlisted men and employees of the Department shall be paid in amounts fixed by the Adjutant General and within amounts appropriated for that purpose.

Laws 1951, p. 115, art. 2, § 7, eff. May 16, 1951; Laws 1990, c. 258, § 34, operative July 1, 1990.

§44-30.  Creation - Duties.

There is hereby created the "Oklahoma Military Advisory Commission" to maintain a cooperative and constructive relationship between the State of Oklahoma, its agencies and departments and the commanding officers or their designees of certain military installations located in this state.  The Commission shall identify, study and advise the Governor on issues of mutual concerns between the State of Oklahoma and said military installations, including changes in requirements and funding that could impact the State of Oklahoma, possible opportunities due to relocation of military installations, expansion and growth of military facilities in the State of Oklahoma and such other issues that the Governor may determine to be appropriate subjects of joint consideration.

Added by Laws 1993, c. 216, § 1, eff. Sept. 1, 1993.

§44-31.  Membership - Terms of office - Vacancies.

A.  The Oklahoma Military Advisory Commission shall be comprised of not more than twenty-one (21) members and shall include the following members:

1.  The Adjutant General of Oklahoma;

2.  Four members to be appointed by the Governor;

3.  Three members to be appointed by the President Pro Tempore of the Oklahoma State Senate; and

4.  Three members to be appointed by the Speaker of the Oklahoma House of Representatives.

B.  Of those members initially appointed to the Commission by the Governor:

1.  One appointee shall serve a term of two (2) years;

2.  Two appointees shall serve a term of four (4) years; and

3.  One appointee shall serve a term of six (6) years.

C.  Of those members initially appointed to the Commission by the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives:

1.  One appointee of each appointing authority shall serve a term of two (2) years;

2.  One appointee of each appointing authority shall serve a term of four (4) years; and

3.  One appointee of each appointing authority shall serve a term of six (6) years.

Thereafter, the appointed members shall serve for a term of six (6) years.  Vacancies shall be filled in the same manner as the original appointments.

Added by Laws 1993, c. 216, § 2, eff. Sept. 1, 1993.  Amended by Laws 1994, c. 94, § 1, eff. July 1, 1994; Laws 1998, c. 87, § 1, eff. July 1, 1998.

§44-32.  Meetings - Election of officers - Quorum - Representatives of certain military installations.

A.  The Oklahoma Military Advisory Commission shall hold a regular annual meeting at which time it shall elect from its membership a chairperson and a vice-chairperson.  Other regular meetings shall be held at such times as the rules of the Commission may provide.  Special meetings may be held at such times as may be deemed necessary or advisable by a majority of the Commission members.  At least one (1) week's notice of all meetings shall be given in a manner prescribed by the rules of the Commission.

B.  To constitute a quorum for conducting official business a majority of the Commission members must be present.

C.  Any meetings held by the Commission shall be subject to the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.

D.  The Commanding Officer at each of the following military installations or designee shall be invited to attend and participate at meetings of the Oklahoma Military Advisory Commission:

1.  Tinker Air Force Base at Midwest City, Oklahoma;

2.  Vance Air Force Base at Enid, Oklahoma;

3.  Altus Air Force Base at Altus, Oklahoma;

4.  United States Army Field Artillery Center and Fort Sill at Lawton, Oklahoma;

5.  95th Division (Training) at Midwest City, Oklahoma; and

6.  McAlester Army Ammunition Plant at McAlester, Oklahoma.

Added by Laws 1993, c. 216, § 3, eff. Sept. 1, 1993.  Amended by Laws 1998, c. 87, § 2, eff. July 1, 1998.

§4441.  Composition of Militia  Classes.

The Militia of the State of Oklahoma shall consist of all ablebodied citizens of the United States and all other ablebodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes:  The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.

§4442.  Organization.

The National Guard of this state shall consist of such detachments, companies, batteries, battalions, regiments, divisions, squadrons, or other type units as the Governor may, from time to time, authorize to be formed, all to be organized in accordance with the regulations and laws governing the National Guard.

Laws 1951, p. 115, art. 3, § 2, eff. May 16, 1951.

§4443.  Eligibility as commissioned officers  Qualifications.

No person shall be commissioned as an officer of the National Guard who is under the age of eighteen (18) years and is not temperate and of good morals, and unless he shall have successfully passed such tests as to his physical, mental, and professional fitness as may be prescribed by the laws and regulations applicable to the federally recognized National Guard.  In the selection and appointment of commissioned officers, preference shall be given to persons with prior active military service, enlisted men of the National Guard, and graduates of schools wherein Military Science is taught.

Laws 1951, p. 115, art. 3, § 3, eff. May 16, 1951; Laws 1963, c. 35, § 1, emerg. eff. April 4, 1963.

§4444.  Determination of character, capacity and fitness of officers, discharge when findings unfavorable  Vacating commissions  Failure to return property or account for funds  Elimination of officers.

At any time, the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three (3) commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, such board to be convened by the Governor, and if the findings of such board shall be unfavorable to such officer and be approved by the Governor, he shall be discharged.  Commissions of officers in the National Guard may be vacated upon resignation, absence without leave for three (3) months, upon the recommendation of an efficiency board, or pursuant to a sentence of a courtmartial; provided, that an officer who has not returned or accounted for all the public property or accounted for funds for which he is responsible, shall under no circumstances receive an honorable discharge.  Officers rendered surplus by the disbandment of their organization, or other causes, shall be discharged from the National Guard or placed in the Inactive National Guard at the discretion of the Commander in Chief.

Laws 1951, p. 116, art. 3, § 4, eff. May 16, 1951.

§4445.  Oath of commissioned officers.

Oath for National Guard Officers.  Each commissioned officer, before entering upon the duties of his office, shall take and subscribe to the following oath, or such other oath as may be required by National Guard Regulations:

"I .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Oklahoma against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and the Governor of the State of Oklahoma; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ......., in the National Guard of the United States and the State of Oklahoma upon which I am about to enter, so help me God."

Laws 1951, p. 116, art. 3, § 5, eff. May 16, 1951.

§44-46.  Repealed by Laws 1999, c. 49, § 2, eff. July 1, 1999.

§4447.  Period of enlistment  Qualifications  Reenlistment  Oath  Relinquishment of custody of minor child.

A.  Enlistments in the National Guard.  Hereafter, the period of enlistment in the National Guard of this state shall be for three (3) years or such other time as prescribed by National Guard regulations, and the qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army or Regular Air Force or National Guard regulations; provided that the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in the said service shall not be denied except as herein otherwise provided.  Unless otherwise prohibited by federal law or by Department of Army, Department of Air Force or National Guard Bureau regulations, enlisted members and prospective members of the Oklahoma Army and Air National Guard who have successfully completed the requirements for and have obtained a General Education Diploma (G.E.D.) shall be awarded a high school diploma by the State of Oklahoma.  The State Department of Education shall issue this high school diploma.  Such diploma shall be limited to the purposes of enlistment and admission in the National Guard pursuant to the provisions of this section.  Such purpose shall be specified on the high school diploma.  All enlisted men of the National Guard of this state shall sign an enlistment contract and take and subscribe to the oath required by National Guard regulations.  Any officer or warrant officer of the Armed Forces of the United States may administer the enlistment oath.

B.  1.  By complying with this subsection, a single custodial parent who is an applicant for enlistment in the Oklahoma National Guard satisfies the requirements of National Guard Regulation 600200 or Air National Guard Regulation 3909 regarding the placement of the physical custody of a minor child with an adult blood relative of the child within the third degree of consanguinity for all periods of active duty during the term of enlistment.  A document placing the physical custody of a child pursuant to this subsection shall:

a. be in writing,

b. clearly identify the child, the person with whom physical custody is being placed, that person's relationship to the child, and the period of enlistment for which physical custody is to be placed,

c. be executed by the parent/applicant before a notary public, and

d. clearly state that it is for all purposes, including health care, during the periods of time in question.

2.  A certified copy or executed copy of the document required by this subsection shall become a part of the applicant's permanent Oklahoma National Guard file.

3.  Nothing in this section shall terminate, interfere, delay or negate any right of visitation by the noncustodial parent, or any person granted visitation by court order.

4.  It is the intent of the Legislature that the placement of physical custody of a child pursuant to the provisions of this section shall not be a substantial change to any existing custody decree nor shall it be deemed a voluntary permanent relinquishment of custody.

Added by Laws 1951, p. 116, art. 3, § 7, eff. May 16, 1951.  Amended by Laws 1981, c. 137, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, § 3, emerg. eff. July 6, 1988; Laws 1993, c. 121, § 1, emerg. eff. April 29, 1993; Laws 1998, c. 415, § 48, emerg. eff. June 11, 1998.

§4448.  Discharge of enlisted men.

Enlisted men discharged from service in the National Guard of this state shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by National Guard regulations, and in time of peace discharges may be given prior to the expiration of terms of enlistment in the following cases:

By sentence of a general courtmartial; by direction of the Governor on account of disability; on account of sentence of imprisonment by a civil court whether suspended or not; on account of a bona fide permanent change of residence to another state; and for the purpose of enlisting in regular Army, Air Force, Navy, or Marine Corps, and for such other causes as may be prescribed by National Guard regulations or the Commander in Chief; provided, that an enlisted man who has not returned or accounted for all of the public property for which he is responsible, shall under no circumstances receive an honorable discharge.

Laws 1951, p. 116, art. 3, § 8, eff. May 16, 1951.

§4449.  Application of Army customs  Regulations and usage.

All matters relating to organization, commissioning and discharging of officers, enlisting and discharge of enlisted men, discipline, and government of the National Guard, not otherwise provided in this code, shall be decided by the customs, regulations, and usage of the United States Army or the United States Air Force or National Guard regulations.

Laws 1951, p. 117, art. 3, § 9, eff. May 16, 1951.

§4450.  Inactive National Guard.

The Inactive National Guard of this state shall consist of such federally recognized officers and men as may be placed therein under the provisions of and in accordance with pertinent National Guard regulations.  The administration of the Inactive National Guard shall be in accordance with applicable National Guard regulations.

Laws 1951, p. 117, art. 3, § 10, eff. May 16, 1951.

§4471.  Drills, target practice, encampments and maneuvers  Duty to attend  Refusal of employer to permit attendance  Drills, exercises, etc.

Each detachment and unit in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than fortyeight (48) times each year, and shall, in addition thereto, participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen (15) days in training each year, including target practice, unless such unit or detachment shall have been excused from any participation in any part thereof by the Governor.  It shall be the duty of each commissioned officer and enlisted man or airman of the Oklahoma National Guard to be present and perform all the duties required of him at each assembly for drill and instruction, encampment, maneuvers or other exercises, unless regularly excused by competent authority.  Any employer who refuses to permit an employee who may be a member of the National Guard of this state to attend any drill, ceremony, exercise, or any duty which he may be legally called upon to perform shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than ten (10) days, nor more than sixty (60) days in the county jail, or by both such fine and imprisonment.

Laws 1951, p. 117, art. 4, § 1, eff. May 16, 1951.

§4472.  Ordering into active service.

It shall be the duty of the Governor and he is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, and at all other times he may deem necessary to order on state duty the National Guard or any part thereof.  No member thereof who shall be ordered out for such duty shall be liable for civil prosecution for any act done by him in the discharge of his military duty on such occasion, and when the President of the United States shall make a call, order, or requisition for troops, the Governor shall first order into the service of the United States the organizations and arms of the service specified in said requisition.

Laws 1951, p. 117, art. 4, § 2, eff. May 16, 1951.

§4473.  Local commanding officer  Order into service in emergency.

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such as to render it impossible first to communicate with the Governor or the Adjutant General, the senior commanding officer of that station, upon request in writing signed by the sheriff of the county involved or officer acting in his stead, stating the facts and the nature of the service desired, may order out the organization or organizations at that station, or such portion thereof as he shall deem necessary, and cause them to perform such duty as the circumstances shall require, and such commanding officers shall immediately report what he has done and all of the circumstances of the case to the Governor, and it shall be deemed that the action was taken by order of the Governor.

Laws 1951, p. 117, art. 4, § 3, eff. May 16, 1951.

§44-74.  Pay and allowances of officers and enlisted men and women.

Officers and enlisted men and women while in active service of the state shall receive the same pay as paid for the same rank or grade for service in the Army or Air Force of the United States.  Officers and enlisted men and women while in active service of the state shall receive the same allowances as paid for the same rank or grade of service in the Army or Air Force of the United States, unless the State of Oklahoma provides lodging quarters and meals for those personnel.

Added by Laws 1951, p. 118, art. 4, § 4, eff. May 16, 1951.  Amended by Laws 1999, c. 49, § 1, eff. July 1, 1999.

§4475.  Hospital and medical treatment.

Officers and/or enlisted men who suffer injuries or contract disease, in line of duty, while on duty or in active service, shall receive hospitalization and medical treatment, and the pay and allowances of their grade during the period that they are unable to resume their civilian occupation; but no commissioned officer shall be paid after the termination of said service or duty more than the pay and allowances of a Second Lieutenant.

All payments herein provided for shall be paid on the approval of the Adjutant General by warrant drawn against the funds appropriated for that purpose in the Military Department or other funds made available.

In the event of compensation for said service, death or injuries, being paid in part by the federal government, the state shall pay only the balance necessary to make the above designated amounts.

Laws 1951, p. 118, art. 4, § 5, eff. May 16, 1951.

§44-77.  State funding for insurance premiums.

The Adjutant General is hereby authorized to expend state funds specifically appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Serviceman's Group Life Insurance (SGLI) or State Sponsored Life Insurance (SSLI) for the military members of the Oklahoma Army and Air National Guard.  Qualification for this insurance benefit is limited to military members of the Oklahoma Army and Air National Guard who are in good standing in their unit and satisfactorily performing all required training.

Added by Laws 2005, c. 240, § 1, emerg. eff. June 2, 2005.

§44-91.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-92.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-93.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-94.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-95.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-96.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-97.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44111.  Public property  Liability of commanding officer  Liability of person responsible for loss, damage or destruction  Apprehension and prosecution of persons absconding.

(a)  The officer in permanent or temporary command of a station is responsible for the security of all public property of the command, whether in use or in store, and although for purposes of periodical accountability to general headquarters, it may all have been officially accepted and receipted for by subordinate officers, the commanding officer is nevertheless responsible and pecuniarily liable with them for the strict observance of the regulations in regard to its preservation, use and issue.  He will take care that all storehouses are properly guarded, that only reliable agents are employed, and only trustworthy enlisted men are detailed for duty in them or in connection with the property.

(b)  A company or detachment commander is responsible for all public property pertaining to his company or detachment and will not transfer his accountability therefor to a successor during periods of absence of less than thirty (30) days, unless ordered by competent authority, when such absence exceeds thirty (30) days, the question of responsibility is settled by the proper authority.

(c)  The officer in temporary or permanent command of a company or detachment is responsible for all public property used by, or in possession of the command, whether he receipts for it or not.

(d)  The property responsibility of a company commander cannot be transferred to enlisted men.  It is his duty to attend personally to its security, and to superintend issue himself, or cause to be superintended by a commissioned officer.

(e)  A transfer of public property involves a change of possession and accountability.  The transferring officer will furnish the receiving officer with invoices, in duplicate, accurately enumerating the property and the latter will return duplicate receipts.  The transaction will appear on the property returns rendered by such.

(f)  The giving or taking of receipts in blank for public property is prohibited.  Officers are cautioned against the signing of receipts for property without an actual physical count of such property.  A relief at some future time for a shortage caused by failure to exercise such precaution will not be favorably considered.

(g)  An officer in charge of public property in use or in store will endeavor by timely repairs to keep it in serviceable condition.

(h)  Officers responsible for property will be charged for any damage to or loss or destruction of the same, unless they show to the satisfaction of the Adjutant General, by proper evidence, that the damage, loss, or destruction was occasioned by unavoidable causes, and without fault or neglect on their part.

(i)  If an article of public property be lost or damaged by the neglect or fault of any officer or soldier, he shall be subject to pay for the value thereof or the cost of repairs, in a sum to be determined by the proper authority, upon the demand of the Adjutant General.

(j)  The amount charged against an enlisted man on the muster and payrolls on account of loss or damage to, or repairs to military property shall not exceed the value of the article or cost of repairs; and such charge will only be made on conclusive proof, and never without an inquiry if the soldier demands it.

(k)  The Adjutant General is authorized to pay from the funds appropriated to the Military Department for operating expenses the expenses necessary for the apprehension and prosecution of any person absconding with property belonging either to the state or United States; provided, such person is without the confines of this state.

Laws 1951, p. 121, art. 6, § 1, eff. May 16, 1951.

§44112.  Suits for recovery of property.

Suits for the recovery of any property mentioned in this code or for the value thereof of damages thereto, may be brought in any court of competent jurisdiction in this state in the name of the State of Oklahoma, and the Attorney General of the state is directed to file such suits, upon the request of the Adjutant General, for the recovery of such property as he (the Attorney General) may deem advisable.

Laws 1951, p. 122, art. 6, § 2, eff. May 16, 1951.

§44113.  Seizure and report of property illegally possessed, etc.

Officers must report illegal disposition of property.  All civil peace officers, all commissioned and noncommissioned officers of the National Guard are enjoined to seize immediately all military property found in the possession of any person who is not the legal custodian or owner of said property, or from any person who shall secrete, sell, dispose of, offer for sale, purchase, or retain said military property after demand has been made upon said person or persons for the return of said military property, and said civil peace officers, commissioned and noncommissioned officers of the National Guard shall make due report of his action to the Adjutant General of the state.

Laws 1951, p. 122, art. 6, § 3, eff. May 16, 1951.

§44114.  Accounts  Settlement.

Settlement of Accounts.  No bills or accounts shall be made by any officer or enlisted man with a view of their being paid by the State of Oklahoma unless such expenditure is expressly authorized by the laws of this state or is authorized by the Adjutant General.  No accounts will be paid unless they are accompanied by vouchers or receipts showing by whomever paid, or are to be paid, to whom paid, date of service, authority for, and amount of such expenditure, and for what purpose the expenditure was made.

Laws 1951, p. 122, art. 6, § 4, eff. May 16, 1951.

§44115.  Bond of officers accountable for or receiving military property.

Each officer to whom there shall be issued, or who shall be accountable for arms, equipment, uniform, and any other state or United States property for military uses, or who shall have the control, custody, or disbursement of funds as provided for in this code shall, before the delivery to him of such arms, equipment, uniform, and other state or United States property, and the receipt of such funds, execute and deliver to the Adjutant General a surety bond therefor, with sureties to be approved by the Governor, and payable to the state, in such amount as may be fixed by the Governor, conditioned for the proper care, use and return in good order, wear, use and unavoidable loss and damage excepted, of all such state and United States property, and the proper care and faithful disbursement and accounting of all funds coming into the hands of such officer.  Upon the violation of any of the conditions of such bond, action thereon shall be brought by the Attorney General on behalf of the state, and any recovery thereon shall be credited to the Guard Funds of the state.  It shall be the duty of the Attorney General of the state to prosecute all actions upon such bonds.

Laws 1951, p. 122, art. 6, § 5, eff. May 16, 1951.

§44116.  Accounting by officer before receiving payments.

No further payment shall be made under any provision of this code to the accountable officer of any organization or unit who does not fully and satisfactorily account to the Adjutant General for all monies, theretofore paid, or property issued, to him under any provision of this code.

Laws 1951, p. 123, art. 6, § 6, eff. May 16, 1951.

§44117.  Issue and use of property.

Federal property loaned to the state for use of the National Guard or other purposes will be issued and accounted for in the manner prescribed by National Guard regulations or other pertinent federal directives.  State property will be issued and accounted for in the manner prescribed by the Governor and/or state laws.  All public property shall be used in the manner and for the purposes intended in the public service and shall not be used by any individual for his personal benefit, pleasure, or gain.

Laws 1951, p. 123, art. 6, § 7, eff. May 16, 1951.

§44-141.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-142.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-143.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-144.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-145.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-146.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-147.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-148.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-149.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-150.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-151.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-152.  Repealed by Laws 1941, p. 464, § 6, eff. June 7, 1941.

§44-153.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-154.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-155.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-156.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-157.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-158.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-159.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-160.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-161.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-162.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-163.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-191.  Repealed by Laws 1970, c. 99, § 3, eff. March 30, 1970.

§44192.  Character and design  Selection by Board of Officers.

The medals and decorations provided for in this act shall be of a character and design which shall be decided upon and approved by a Board of Officers of the federally recognized Oklahoma National Guard selected by the Adjutant General by order of the Governor, the duty of which Board shall be to select proper and appropriate designs for medals and ribbons and symbols which will reflect the history and traditions of the State of Oklahoma.

Laws 1933, c. 194, p. 426, § 2, eff. July 21, 1933.

§44193.  General orders to carry out act  Rules and regulations.

The Governor through the Military Department shall publish such general orders as may be necessary to carry out the provisions of this act and to prescribe the rules and procedure by which recommendation or application shall be made for any of the awards and decorations herein created and established, and for the method and manner of approving such recommendations and applications and the making of awards thereon.

Laws 1933, c. 194, p. 426, § 3, eff. July 21, 1933.

§44195.1.  Citation.

This act shall be known as the Awards and Decorations Act of 1961.

Laws 1961, p. 290, § 1, eff. June 7, 1961.

§44195.2.  Definitions.

For the purpose of, and when used in this act:

(a)  The term "Governor" means the Governor of the State of Oklahoma.

(b)  The term "Adjutant General" means the Adjutant General of the State of Oklahoma.

(c)  The term "Oklahoma National Guard" means the Army National Guard and the Air National Guard of the State of Oklahoma.

Laws 1961, p. 290, § 2, eff. June 7, 1961; Laws 1986, c. 296, § 4, eff. July 1, 1986.

§44195.3.  Purpose.

The purpose of the act is to establish awards and decorations for the appropriate recognition of officers, warrant officers, and enlisted personnel of the Oklahoma National Guard so that outstanding and exceptional service to the Oklahoma National Guard and to the State of Oklahoma may be appropriately recognized and brought to the attention of the general public.

Laws 1961, p. 290, § 3, eff. June 7, 1961.

§44195.4.  Duties of Adjutant General.

(a)  The Adjutant General, shall have the following duties:

(1)  Establish orderly procedures for the carrying out of the intent and purpose of this act.

(2)  Design and submit to the Governor for approval, the decorations and medals herein established and not heretofore provided by law.

(3)  Make recommendations to the Governor as to the disposition of all proposed citations, such recommendations to include:  (A) Approve.  (B) Rewrite and approval. (C) Rewrite and approval of a higher or a lesser award.  (D) Disapproval.

Laws 1961, p. 290, § 4, eff. June 7, 1941; Laws 1985, c. 178, § 20, operative July 1, 1985; Laws 1986, c. 296, § 5, eff. July 1, 1986.

§44-195.5.  Awards and decorations established.

The following awards and decorations are hereby created and established and shall be bestowed upon the federally recognized officers, warrant officers, and enlisted personnel of the Oklahoma National Guard under the conditions and in the manner provided in this act.

(a)  An Oklahoma Distinguished Service Cross which may be awarded to any eligible person who shall perform at great personal danger and  risk of life or limb in the line of military duty any act of heroism designed to protect life or property or who while on active state duty during a period of martial law shall perform such acts over and beyond the call of duty which act, danger or risk he could have failed to perform or incur without being subject to censure for neglect of duty.

(b)  An Oklahoma Distinguished Service Medal which may be awarded to any eligible person who, as a member of the Oklahoma National Guard, shall perform unusually distinguished and meritorious service which to a marked degree is reflected in the increased efficiency and growth of the Oklahoma National Guard or which brings exceptional honor and credit to the Oklahoma National Guard and commands the attention and respect of the citizens of the state and of members of the military establishment of the United States.

(c)  An Oklahoma Meritorious Service Medal may be awarded to any eligible person who, while as a member of the Oklahoma National Guard, shall perform outstanding meritorious service which to a marked degree is reflected in the increased efficiency and growth of that branch of the Oklahoma National Guard to which he belongs or which brings credit to the Oklahoma National Guard over and above that which would occur by reason of the superior performance of assigned duties.

(d)  An Oklahoma Guardsman Medal which may be awarded to any eligible person who, as a member of the National Guard having more than fifteen (15) years total service, has contributed to the efficiency and growth of the Oklahoma National Guard by an unusually high character of performance of duty and, by the contribution of extra time and effort, has made himself known as an outstanding member of the Oklahoma National Guard.

(e)  The Long Service Medal shall be awarded for honest and faithful service in the Oklahoma National Guard for a period of five (5) years.  Ribbons to accompany the medal will be awarded for periods of five (5) years, ten (10) years, fifteen (15) years, twenty (20) years, twentyfive (25) years and longer periods.  Symbols denoting one (1) additional year may be worn on each ribbon until the recipient shall be entitled to the next ribbon.  Only the latest awarded Long Service Ribbon may be worn.

(f)  At the discretion of the Adjutant General, an Oklahoma Recruiting Medal may be awarded to any member of the Oklahoma National Guard who, in any one calendar year, is personally and solely responsible for obtaining five (5) accessions to the strength of the Oklahoma National Guard.  The basic medal shall be awarded to the individual for the first award and numeral, to be affixed to the ribbon awarded with the basic medal, denoting second, third, fourth and fifth awards, for a maximum of five (5) awards per individual recruiter, shall be issued to denote succeeding awards.

(g)  An Oklahoma Star of Valor Medal may be awarded to any eligible person who, while a member of the Oklahoma National Guard, performs an act of heroism involving voluntary risk of life or limb designed to protect the life of another person under conditions other than those of conflict with an armed enemy, the saving of a life or the success of the act not being essential.

(h)  An Oklahoma Commendation Medal may be awarded to any eligible person who, as a member of the Oklahoma National Guard, influenced the success and recognition of that branch of the Oklahoma National Guard to which he belongs through performance of conspicuous military duty, distinct achievement, or an act of courage.

(i)  An Oklahoma Exceptional Service Medal may be awarded to a present or former employee of the Oklahoma Military Department who has contributed to the efficiency and improvement of the Oklahoma National Guard through sustained loyal and dedicated service, demonstration of outstanding ability, or a specific noteworthy accomplishment, with subsequent awards being denoted by numeral devices affixed thereto.

(j)  An Oklahoma Good Conduct Ribbon may be awarded to any member of the Oklahoma National Guard for exemplary behavior, efficiency, and fidelity while performing a continuous year of military service in an enlisted status, subsequent to enactment.  A conviction by civil court, a courtmartial, or a total of more than six (6) minor traffic violations during the period considered for the award will negate the creditability of the period.  Subsequent awards may be denoted by numeral devices affixed to the ribbon to signify the cumulative number of years of qualifying service.

(k)  The Governor's Distinguished Unit Award shall be awarded annually to the outstanding Army and Air National Guard unit, selected by committees appointed by the Adjutant General, such units to be presented the Governor's Trophy, Army, and the Governor's Trophy, Air, respectively.  The Governor's Trophy shall be designated "a traveling trophy", with miniatures thereof being awarded each winning unit for permanent possession.  Membership in units awarded the distinguished unit award during period covered by the selection process shall entitle individual guardsmen to wear the Distinguished Unit Emblem on appropriate uniforms during their tenure in the Oklahoma National Guard, and subsequent awards may be denoted by numeral devices affixed thereto.

(l)  A One Hundred Percent Drill Attendance Badge may be awarded to enlisted members of the Oklahoma National Guard who attended one hundred percent of the regularly scheduled drills of the unit to which assigned and a minimum of fifteen (15) days field training during a period of one (1) year.  Credit will be given for constructive attendance and authorized makeup drills.  Year bars to be attached to the badge will be awarded for each qualifying subsequent year.

(m)  Oklahoma Active Duty Service Medal may be awarded to any eligible person who was a member of the Oklahoma National Guard on state active duty for state disaster or civil disturbance for a period of time of not less than twentyfour (24) hours and who has contributed to the success and recognition of his/her unit during their state mission, with subsequent awards being denoted by numeral devices affixed thereto.

(n)  Selected Reserve Force Medal may be awarded to any individual who served honorably as a member of an Oklahoma National Guard unit designated as a Selected Reserve Force (SRF) by the Department of the Army.  Service must have been for a minimum of twelve (12) months, beginning October 1, 1965, during the period through January 31, 1968, the units so designated in the Oklahoma Army National Guard were HQ & HQ Co. 3rd Bde, 45th Inf Div; 2nd Bn 179th Inf; 2nd Bn 180th Inf; 2nd Bn 279th Inf and 1st Bn 160th FA.

(o)  The Oklahoma Officer Candidate School Hall of Fame award may be awarded to any graduate of the Oklahoma National Guard State Officer Candidate School who is distinguished in military and civilian pursuits and public service activities.  The award may be made to graduates who are current or former members of the Oklahoma National Guard or the U.S. Army Reserve.

(p)  The Oklahoma Adjutant General's Award may be awarded to recognize the outstanding service of any retiring member of the Oklahoma National Guard or Military Department employee who is distinguished in military and civilian pursuits and public service activities.  The award may be made to either full-time or part-time members of the Oklahoma National Guard and to nonuniformed employees of the Oklahoma Military Department.

(q)  The Oklahoma Desert Storm Service Medal and Ribbon may be awarded to any member of the Oklahoma National Guard who was called into active federal service during the Persian Gulf Crisis.  It is not necessary that the member actually served in Saudi Arabia, but rather was called into active federal service for the Desert Storm operation and served honorably for a period of at least thirty (30) consecutive days during the period August 1, 1990, to the conclusion of the operation as determined by the Department of Defense.

(r)  The Oklahoma Alfred P. Murrah Service Medal may be awarded to any member of the Oklahoma National Guard, to nonuniformed employees of the Oklahoma Military Department and to other persons deemed appropriate by the Adjutant General who served in support of disaster relief operations in Oklahoma City, Oklahoma, following the April 19, 1995, bombing of the Alfred P. Murrah Federal Building.

(s)  The Adjutant General's Staff Identification Badge may be awarded to an individual serving as a member of the coordinating staff in the State Headquarters of the Oklahoma Army National Guard in a position designated as General Staff With Troops (GSWT).  The policy of the Military Department of this state shall determine the eligibility for the awarding and wearing of the badge as specified in this paragraph.

(t)  Any Oklahoma Medal heretofore awarded and any other medals for any war or campaign or mobilization which the federal government shall recognize by awarding to the members of the military or naval forces of the United States service medals therefor, if any federally recognized unit or units of the Oklahoma National Guard shall participate therein.

Added by Laws 1961, p. 290, § 5, eff. June 7, 1961.  Amended by Laws 1970, c. 99, § 1, emerg. eff. March 30, 1970; Laws 1973, c. 66, § 1, emerg. eff. April 27, 1973; Laws 1986, c. 210, § 8, operative July 1, 1986; Laws 1991, c. 13, § 1, emerg. eff. March 25, 1991; Laws 1995, c. 46, § 1, emerg. eff. April 10, 1995; Laws 1995, c. 319, § 1, eff. July 1, 1995.

§44195.6.  Character and design.

The medals and decorations provided for in this act shall be of a character and design to be adopted by the Adjutant General and thereafter approved by the Governor.  Provided, however, that the design for those awards and decorations heretofore approved shall remain in effect as follows: The Oklahoma Distinguished Service Cross, The Oklahoma Distinguished Service Medal, The Long Service Medal, The Oklahoma Recruiting Medal, The Oklahoma Star of Valor Medal, The Oklahoma Commendation Medal, The Oklahoma Exceptional Service Medal, The Oklahoma Good Conduct Ribbon, The Governor's Distinguished Unit Award, The One Hundred Percent Drill Attendance Badge.  Provided further that all such designs shall be filed in the office of the Secretary of State of the State of Oklahoma.  Upon the official adoption of designs of awards and decorations herein provided for, the Adjutant General shall purchase from such funds as may be available to him a reasonable supply of such awards.

Laws 1961, p. 291, § 6, eff. June 7, 1961; Laws 1970, c. 99, § 2, emerg. eff. March 30, 1970; Laws 1986, c. 296, § 6, eff. July 1, 1986.

§44195.7.  Presentation of awards.

The presentation of all awards will be public ceremony and where practical, all awards except the Long Service Medals will be presented at the appropriate summer encampment by the Governor or at his direction.

Added by Laws 1961, p. 291, § 7, eff. June 7, 1961.

§44195.8.  Authorization to award other persons.

All applicable awards and decorations established by Title 44, O.S. 1961, Section 195.1 through Section 195.7, may be awarded, in addition to those named therein, to any former member of the Oklahoma National Guard, and to such individuals who have rendered outstanding service or support to the Oklahoma National Guard, without regard to military status.

Laws 1967, c. 175, § 1, emerg. eff. June 10, 1967.

§44-201.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-202.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-203.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-204.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-205.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-206.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-207.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44208.  Discrimination against officers or enlisted men  Places of entertainment or amusement  Discharge or hindrance of duties by employers.

No person shall discriminate against any officer or enlisted man of the National Guard because of his membership therein.  No person shall prohibit or refuse entrance to any officer or enlisted man of the Army or Navy of the United States, or of the military forces of this state, into any public entertainment or place of amusement because such officer or enlisted man is wearing a uniform of the organization to which he belongs.  No employer, officer or agent of any corporation, company, firm or other person, shall discharge any person from employment because of being an officer, warrant officer or enlisted man of the military forces of the state, or hinder or prevent him from performing any military service he may be called upon to perform by proper authority, in respect to his employment, trade or business.  Any person violating any of the provisions of this section, shall be punished by a fine of not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail for a period of not to exceed thirty (30) days, or by both such fine and imprisonment.

Laws 1935, p. 91, § 4, eff. April 19, 1935.

§44-208.1.  Oklahoma National Guard - Civil relief - Employment and reemployment rights.

The following provisions of federal law shall be adopted as state law and applied to members of the Oklahoma National Guard when such members are ordered to state active duty or full-time National Guard duty under Sections 501 through 507 of Title 32 of the United States Code:

1.  The Servicemembers Civil Relief Act of 2003 (SCRA), codified at 50 U.S.C. App., Section 501 et seq., which updates, renames, and replaces the Soldiers' and Sailors' Civil Relief Act of 1940; and

2.  The Uniformed Services Employment and Reemployment Rights Act (USERRA), Sections 4301 through 4333 of Title 38 of the United States Code.

Added by Laws 1997, c. 27, § 1, emerg. eff. April 2, 1997.  Amended by Laws 2000, c. 240, § 1, eff. Nov. 1, 2000; Laws 2005, c. 130, § 1, eff. Nov. 1, 2005.

§44-209.  Leave of absence to public officers and employees.

All officers and employees of the state or a political subdivision thereof who are members of the National Guard, shall, when ordered by proper authority to active or inactive service, be entitled to a leave of absence from civil employment for the period of active service, without loss of status or efficiency rating.  During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regular scheduled work days for state employees of the leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision.  During the remainder of the leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay them an amount equal to the difference between the officers' or employees' full regular pay from the employing state agency or political subdivision and their National Guard pay, except that state officers and employees shall receive the difference between their full regular pay and their National Guard pay when they are ordered by proper authority to active or inactive service retroactive to the date that the state officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect.  The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.  If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments, as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority.

The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.

Added by Laws 1935, p. 92, § 5, emerg. eff. April 19, 1935.  Amended by Laws 1973, c. 275, § 1, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 1, eff. Oct. 1, 1988; Laws 1991, c. 232, § 3, emerg. eff. May 24, 1991; Laws 1994, c. 94, § 2, eff. July 1, 1994; Laws 2000, c. 240, § 3, eff. Nov. 1, 2000; Laws 2002, c. 396, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 1, eff. July 1, 2003; Laws 2005, c. 437, § 2, eff. July 1, 2005.

§44-210.  Assault on member or body of National Guard or person assisting them.

Whenever the National Guard is called into service under proclamation of the Governor for the performance of any duties contemplated in this act, any person who willfully assaults, or fires at, or throws any dangerous missile at, against, or upon any member or body of the National Guard so engaged, or civil officer or other persons lawfully aiding or assisting them in the discharge of their duties, shall be deemed guilty of a felony and upon conviction shall be imprisoned in the State Penitentiary not more than two (2) years.

Added by Laws 1935, p. 92, § 6, eff. April 19, 1935.  Amended by Laws 1997, c. 133, § 465, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 337, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 465 from July 1, 1998, to July 1, 1999.

§44211.  Martial law  Arrests and subpoenas.

Troops occupying a military district established under martial law, may, if necessary, pursue, arrest and subpoena persons wanted in said military district, anywhere within the State of Oklahoma.

Laws 1935, p. 92, § 7, eff. April 19, 1935.

§44212.  Action against officer or enlisted person for official acts  Defense  Costs and security.

If a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the military forces for any act done by such officer or enlisted person in his official capacity in the discharge of any duty under Sections 1 through 117, 208 through 235.2, or 241 through 250 of this title, or against any soldier acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, it shall be the duty of the Attorney General or Judge Advocate to defend such person.

The actual court costs of such a defense shall be a legal charge against the state and shall be submitted to the Legislature for payment.  Before any suit or proceeding shall be filed or maintained against any officer or soldier as herein provided, the plaintiff shall be required to give security, to be approved by the court in a sum not less than One Hundred Dollars ($100.00), to secure the costs. If the plaintiff fails to recover judgment such costs shall be taxed and judgment rendered therefor against him and his sureties.

Laws 1935, p. 92, § 8, eff. April 19, 1935; Laws 1985, c. 96, § 2, eff. Nov. 1, 1985.

§44213.  Exemption from taxation of military property  Free use of municipally owned public utilities.

All personal and real property held and used for armory or military purposes shall be exempt from taxation; and it shall be lawful for any county or city or town which owns public utilities to grant to any organization or unit of the National Guard, which is stationed in such place, the free use of such public utilities.

Laws 1935, p. 92, § 9, eff. April 19, 1935.

§44214.  Injury or destruction of property  Sale, disposal or removal.

Every person who shall willfully or wantonly injure or destroy any articles of arms, clothing, equipment, or other military property furnished or issued by the federal government or the state, and refuses to make good such injury or loss; or who shall sell, dispose of, secrete or remove the same with intent to sell or dispose of it, shall be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail for not more than four (4) months, or by both such fine and imprisonment.

Laws 1935, p. 92, § 10, eff. April 19, 1935.

§44-215.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-216.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-217.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44218.  Armories  Acceptance of title to real estate.

The Adjutant General, with the approval of the Governor, is authorized to accept, for and in the name of the State of Oklahoma, acting as trustee for the Oklahoma National Guard, title to parcels of real estate on which an armory or armories have been or may be constructed.

Laws 1931, p. 77, § 1, eff. April 24, 1931.

§44219.  State not to be financially responsible.

The State of Oklahoma, in so accepting and holding the said parcel or parcels of real estate, shall incur no financial responsibility or liability.

Laws 1931, p. 77, § 2, eff. April 24, 1931.

§44220.  Building and loan association loans authorized.

Building and loan associations doing business in the State of Oklahoma may negotiate loans on such real estate, secured by mortgages thereon, under the same conditions and terms and with the same right and power of foreclosure as upon other real estate, but no judgment therein shall run against the State of Oklahoma.

Laws 1931, p. 77, § 3, eff. April 24, 1931.

§44221.  Provisions for National Guard when in service.

The Adjutant General shall provide such subsistence and expenses for the National Guard when in active service, as may be ordered by the Commander in Chief.

R.L. 1910, § 3905.

§44-222.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44223.  Privilege from arrest.

Active members of the National Guard shall be privileged from arrest during their attendance at drills, parades, inspections, encampments, and while on active duty, and in going to and returning from the same, except in cases of treason, felony and breaches of the peace.

R.L. 1910, § 3926.

§44224.  Misdemeanor to interfere with Militia.

Any person who shall willfully and unnecessarily interfere with the Militia or any part thereof while on drill, parade, or in the performance of any military duty, shall be guilty of a misdemeanor: Provided, the funeral processions, carriage of the United States mail, legitimate functions of the police, progress and operation of the hospital ambulances, fire engines, fire departments, and apparatus of the insurance patrol shall not be interfered with thereby.

R.L. 1910, § 3930.

§44-225.  Repealed by Laws 1983, c. 304, § 182, eff. July 1, 1983.

§44226.  Location of National Guard armory.

Any building erected by the Office of Public Affairs for the use, occupancy, housing, or quartering of the officers, personnel, and equipment of the National Guard of the State of Oklahoma shall be located upon land owned by the State of Oklahoma within the CapitolMedical Center Improvement and Zoning District as that district is defined in Section 83 of Title 73 of the Oklahoma Statutes.

Laws 1936, Ex. Sess., p. 24, § 7, eff. Jan. 6, 1937; Laws 1983, c. 304, § 16, eff. July 1, 1983.

§44-227.  Architect - Selection - Contract by Adjutant General.

The architect for the construction of the armory building for the housing, occupancy, or quartering of the officers, personnel, and equipment of the National Guard of the State of Oklahoma shall be selected by a board appointed by the Adjutant General of the State of Oklahoma and to be named the Architect Selection Board.  The Architect Selection Board shall be comprised of three (3) members from the Oklahoma National Guard Directorate of Engineering Office.  The Adjutant General shall enter into contracts in the name of the State of Oklahoma for the construction of such armory building.  The Oklahoma Military Department may use federal contracting procedures for construction of such armory building.

Added by Laws 1936, Ex. Sess., p. 24, § 10, eff. Jan. 6, 1937.  Amended by Laws 1983, c. 304, § 17, eff. July 1, 1983; Laws 1999, c. 406, § 2, eff. July 1, 1999.

§44228.  Deed or lease by county commissioners to Adjutant General.

The board of county commissioners of any county in the state is hereby authorized to convey title by deed, or lease for a term of years, any lands and buildings belonging to or under the control of the county which are not needed for county purposes, to the Adjutant General acting as trustee for the Oklahoma National Guard.  The Adjutant General shall not accept any such deed or lease unless the approval of the Governor of the acceptance be endorsed thereon attested by the Secretary of State.  It shall not be necessary that the Adjutant General pay any consideration for such deed of conveyance or lease.  After such deed or lease has been delivered and accepted the Adjutant General shall be authorized to expend funds appropriated to the Military Department of the state for the maintenance, repair, and improvement of the lands and buildings, conveyed or leased.  Every such deed or lease shall contain a reversionary clause to the effect that if the State of Oklahoma or the Military Department thereof abandons such lands or buildings they shall revert to the county.  All such lands so conveyed or leased to the Adjutant General shall be under his supervision as to control and management.  Provided, however, that the provisions of this act shall not in any wise apply to any real estate or property acquired by the county commissioners at resale.

Laws 1945, p. 139, § 1, eff. April 25, 1945.

§44229.  Authorizing to order National Guard beyond borders of state  Law governing  Jurisdiction.

The Governor is authorized to order the National Guard, or any part thereof, beyond the borders of the state, for the purpose of participating in any encampment, maneuvers or field instruction and for such other training or service as may be required or authorized under state or federal law.  Whenever the National Guard, or any part thereof, is so ordered beyond the borders of the state, the members thereof shall remain subject to the military laws and regulations of the state, and the military courts of this state shall have jurisdiction over any offense which is committed against the military laws or regulations of the state by any member of the National Guard while in service beyond the borders of the state, and the military courts of the state are authorized to function beyond the borders of this state, whenever the National Guard is ordered beyond the borders of the state.  Provided, that any imprisonment imposed while a unit is out of the State of Oklahoma shall be served under the supervision of said unit.  And, provided further, that if said period of imprisonment extends beyond the date of the return of said unit to the State of Oklahoma that the balance of such imprisonment shall be served in the county jail of the county in which said unit is regularly stationed.

Laws 1961, p. 289, § 1, eff. May 24, 1961.

§44-230.  Police officers (OMD)  - Powers and duties.

A.  The Adjutant General of the State of Oklahoma is hereby authorized to appoint such officers as are necessary to be designated as police officers (OMD), for the purpose of protecting all properties of, owned by or under the control of the Oklahoma National Guard wherever located in the State of Oklahoma.  The Adjutant General shall promulgate rules which prescribe the duties for the officers thus appointed, designate their uniforms, fix their compensation upon appointment and provide for removal from their appointment.  Each such police officer (OMD) shall be given a written commission evidencing his or her appointment and authority, together with a detailed description of his or her person in order to properly identify his or her official capacity; the form of such commission shall be prescribed by the Adjutant General.

B.  Any police officer (OMD) appointed pursuant to the provisions of this section shall have, with the sole exception of the serving or execution of civil process, all the powers vested by law in peace officers in the protection and guarding of the grounds, buildings and equipment of, owned by or under the control of the Oklahoma National Guard.  The police officer (OMD) shall:

1.  Direct his or her attention to the prevention of improper conduct, interference with, or trespassing upon the property of, owned by or under the control of the Oklahoma National Guard; and

2.  If required, make arrests and take into custody persons guilty of improper conduct or trespassing.

C.  It shall be the duty of the district attorney of the district wherein the improper conduct, interference or trespassing is alleged to have taken place to prosecute such offense upon a complaint filed by such police officer (OMD).

Added by Laws 1971, c. 135, § 1.  Amended by Laws 1996, c. 14, § 1, eff. Nov. 1, 1996; Laws 1999, c. 406, § 3, eff. July 1, 1999.

§44-231.  Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

A.  The Governor may request volunteers of the National Guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter drug activities pursuant to 32 U.S.C., Section 112.  These activities may include, but not be limited to, the operation and maintenance of equipment and facilities.  The Governor may order, with their consent, any National Guard members, who volunteer pursuant to this section, to duty in federally funded status.  The Governor may delegate the Governor's authority under this section to the Adjutant General.  The Adjutant General shall follow all laws and regulations of the United States Department of Defense when ordering National Guard members to perform drug interdiction and counter drug activities pursuant to this section.

B.  The Adjutant General, with the consent of the Governor, may enter into mutual assistance and support agreements with one or more other states, whether those activities are within or outside this state, in order to facilitate and coordinate efficient and cooperative enforcement efforts directed toward drug interdiction, counter drug activities, and demand reduction.

C.  A National Guard member assisting in drug interdiction and counter drug activities pursuant to this section shall obey and execute the instruction of the law enforcement officer in charge of these activities given to the National Guard member through the military chain of command.

Added by Laws 1998, c. 88, § 1, eff. July 1, 1998.  Amended by Laws 2003, c. 212, § 2, eff. July 1, 2003.

§44-231.1.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.2.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.3.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.4.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.5.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.6.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.7.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.8.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.9.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.10.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.11.  OBSOLETE.

This section, derived from Laws 1945, p. 142, § 11, read as follows:

"The authority exercised heretofore by the Governor in appointing temporary armory boards, and by the Adjutant General in protecting, preserving, operating and maintaining all armories owned or used by the state, is hereby ratified.  Likewise the action of local temporary armory boards previously appointed by the Governor in preserving, maintaining and operating armories, and in hiring out and leasing armories and in impounding and expending revenue derived therefrom is hereby ratified, provided that any and all leases whereby any persons or corporations are presently occupying or using any armories shall be submitted to the Adjutant General for his approval before being valid unless the same have previously been approved by the Adjutant General."

Laws 1945, p. 142, § 11.

§44-232.  Youth programs.

A.  Pursuant to rules promulgated by the Adjutant General of the State of Oklahoma, the Oklahoma Military Department is authorized to establish and operate youth programs utilizing National Guard or state-owned facilities and civilian or National Guard personnel to provide military-styled training and other benefits to civilian youth pursuant to agreement with federal, state and local governmental agencies.

B.  The Adjutant General is authorized further to enter into agreements and to do all things deemed necessary or incidental to the performance of any duty authorized by subsection A of this section, including, but not limited to:

1.  The execution of memoranda of agreement for assistance to federal, state and local governmental agencies;

2.  The execution of grant agreements;

3.  The execution of grant agreements with the federal government; and

4.  The execution of other contracts and agreements.

C.  The Adjutant General is hereby authorized to accept gifts or donations for and on behalf of the state to be used for the use and benefit of the youth programs authorized by this section and their participants.  The Oklahoma Military Department is directed to maintain and preserve appropriate records for all gifts made to the state pursuant to this section.

Added by Laws 2003, c. 212, § 3, eff. July 1, 2003.

§44232.1.  Armories, etc. and military reservations - Operation and control.

A.  All armories, vehicle storage buildings, warehouses, and other buildings and facilities, real and personal property in connection therewith, state or federally owned, procured, leased, or constructed from federal or state funds, occupied or used by the Militia, National Guard, or other authorized military organizations under state control, shall be operated, maintained, altered, repaired, and controlled by the Military Department.  When existing armories or facilities are not available at any station to which an organization of the National Guard has been assigned, then, the Adjutant General is authorized to lease or hire buildings and facilities and to pay reasonable rental from any funds appropriated for operating and maintenance expenses of the Military Department or the Adjutant General.

B.  "Military reservations", without limitation, include military installations, armories, air bases, and facilities owned or controlled by the state for military purposes.

C.  The Adjutant General shall have charge of military reservations of the state and shall be responsible for the protection and safety of those military reservations, and promulgate rules for the maintenance of order thereon, for the enforcement of traffic rules and for all other lawful rules as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations.

Added by Laws 1951, p. 123, § 1, emerg. eff. May 16, 1951.  Amended by Laws 2005, c. 130, § 2, eff. Nov. 1, 2005.

§44232.2.  Use and operation.

The Adjutant General shall promulgate rules and regulations for the use and operation of armories, buildings, and other facilities under control of the Military Department.  The Adjutant General is authorized to expend monies appropriated for operating and maintenance expenses to the Military Department or to the Adjutant General for the purpose of improvements, including street improvements, repair, alterations, and maintaining of armories and facilities enumerated in Section 1 of this act.

Laws 1951, p. 123, § 2, eff. May 16, 1951.

§44232.3.  Armory boards  Temporary armory boards.

(a)  Each National Guard armory shall be supervised by an armory board consisting of three (3) or more persons appointed by the Adjutant General according to the following:

1.  The composition of the board for a single unit armory shall be at least one federally recognized National Guard officer or warrant officer, one National Guard enlisted man, and such other individual as the Adjutant General determines is necessary. The senior officer or warrant officer member shall be president of such board.

2.  The composition of the board for a multiple unit armory shall include at least one federally recognized National Guard officer or warrant officer from each unit housed in the armory, a National Guard enlisted man from each unit housed in the armory, and such other individuals as the Adjutant General determines to be required to represent all local military interests and to meet all administrative requirements of the board.  The senior officer or warrant officer member shall be president of such board, unless otherwise designated by the Adjutant General.

(b)  Each member of an armory board shall be appointed for a term of three (3) years, but may be removed by the Adjutant General.

(c)  Whenever the United States is at war or units of the National Guard are called or ordered into service of the United States and officers or warrant officers of the National Guard are not available, the Governor may appoint to serve at his pleasure, for each such armory, a temporary armory board, to consist of not more than three (3) persons, residents in the county wherein is located the armory for which they are to serve.  Each member of the temporary armory board is to serve without pay.  Temporary armory boards will terminate upon notification by the Adjutant General that an armory board has been appointed in accordance with subsection (a) above.

Laws 1951, p. 123, § 3, eff. May 16, 1951; Laws 1971, c. 134, § 1; Laws 1973, c. 32, § 1, emerg. eff. April 20, 1973; Laws 1978, c. 141, § 1, emerg. eff. April 5, 1978.

§44232.4.  Duties and responsibilities.

The armory boards are appointed to assist the Adjutant General and are responsible to him for the use, care and maintenance of the armories, in accordance with rules and regulations promulgated by the Adjutant General.  The boards at the various stations or locations shall have the general supervision and authority over the armory building, the grounds, approaches, and other facilities.  They may promulgate rules and regulations, not inconsistent with rules and regulations issued by the Adjutant General, for the use and operation of said armories and facilities.

Laws 1951, p. 124, § 4, eff. May 16, 1951.

§44232.5.  Assignment of military organizations to armories.

The Adjutant General shall assign military organizations to the various armories.  Armories are provided primarily for the use and benefit of the military organizations quartered therein, but nothing in this act shall be construed as prohibiting the use of any armory building by any educational, civic, religious, patriotic, or veterans organization, or for the purpose of holding athletic or social events, or meetings under the auspices of any recognized political party, or use by any governmental agency, provided such use is temporary and does not in any way interfere with requirements of the state, and provided no expense to the Military Department of the state is incurred by reason of such use.  No armory building or other facilities enumerated in Section 1 of this act may be used for other than military purposes except under lease as hereinafter provided.

Laws 1951, p. 124, § 5, eff. May 16, 1951.

§44232.6.  Leasing or hiring out of armories or facilities.

The armory board, subject to the approval of the Adjutant General, may hire out or lease to any person, firm, corporation, or governmental agency, for any legal use for periods not exceeding one (1) year, with provisions for renewal from year to year, the armory or its facilities or portions thereof, provided the hiring out or leasing of the armory does not interfere with its use by the National Guard or other state military organizations.  Hiring out of facilities includes, but is not limited to, the leasing of houses situated on the Whitaker Education and Training Center in Pryor, Oklahoma.  The leasing or hiring of the armory shall not, in any event, be for the storage of anything that would be a detriment to the property or a fire hazard to the building.  Any lease shall contain a clause permitting it to be canceled upon thirty (30) days' written notice by either party or terminated on order of the Adjutant General, should the public interest or military requirements necessitate.  No armory shall be leased for less than an amount sufficient to cover all expenses, including utility bills, janitor service, and any repairs occasioned by its use.  Any person, firm, organization, corporation, federal, state, or municipal agencies now occupying any armory or portion thereof, and is not occupying same under written lease as herein provided, then that person, firm, organization, corporation, or governmental agency shall enter into the lease with the armory board, subject to approval of the Adjutant General, within thirty (30) days of the effective date hereof.  If that person, firm, organization, corporation, or governmental agency fails to enter into an agreement within the thirty-day period, then that person, firm, organization, corporation, or governmental agency will vacate the armory or other facilities without further notice.  The Attorney General is authorized to institute and prosecute on behalf of the state, suits for recovery of possession of buildings and facilities upon request of the Adjutant General.

Added by Laws 1951, p. 124, § 6, emerg. eff. May 16, 1951.  Amended by Laws 2005, c. 130, § 3, eff. Nov. 1, 2005.

§44232.7.  Armory board funds.

Individual armory board funds shall be controlled, deposited, expended and accounted for as either petty cash funds or as an agency special account or sub account(s) at the direction of the Adjutant General.  A full and complete record of funds received and disbursed by the armory board either as petty cash funds or agency special account or sub account(s) funds shall be kept and shall be subject to audit, and reports submitted to the Adjutant General as of 1 July each year, and at such other times as may be required by the Adjutant General.  Each armory board, subject to approval of the Adjutant General is authorized to expend revenue received for the improvement, including street improvement, alterations, repair and maintenance of the armory and facilities under its control and may further expend such funds for the benefit of state military organizations assigned thereto.  If such funds are not needed for the operation, repair, and maintenance of the armory or if no military organization is assigned to the armory, the Adjutant General may order such funds turned over to him and he may expend such funds for the benefit of the National Guard of the state as a whole.

Laws 1951, p. 124, § 7, eff. May 16, 1951; Laws 1990, c. 258, § 35, operative July 1, 1990.

§44-233.1.  Repealed by Laws 1985, c. 147, § 5, eff. July 1, 1985.

§44233.2.  Agreement with United States.

The Oklahoma Military Department, with the approval of the Governor, attested by the Secretary of State thereon, is hereby authorized and directed to enter into, in the name of the state, and to take all actions necessary to execute the terms of a National Guard armory building construction or expansion, rehabilitation or conversion of existing building agreements with the United States of America, by and through the Department of the Army or other representative federal agency, under the provisions of Public Law 783, 81st Congress, and amendments thereto, under which agreements the United States of America will contribute a sum not in excess of seventyfive percent (75%) and the state will contribute a sum not in excess of twentyfive percent (25%) of the cost of constructing, erecting and completing of each armory building constructed by virtue hereof or the expansion, rehabilitation, or conversion of existing armory buildings; and any money so granted by the United States of America, in carrying out the objects of Sections 232.1 through 232.5 of this title, shall be used and expended in accordance with the requirements of the Department of the Army or other representative federal agency; provided, that the state, in addition to such contribution of twentyfive percent (25%), shall pay without federal participation or contribution, such sums as are necessary for the purpose of providing workable public utility lines, connections and installations for each of such armory buildings; provided, further, that the Oklahoma Military Department may pay from funds heretofore or hereafter appropriated for the purposes of carrying out the provisions of Section 233.2 et seq. of this title, without federal participation, all such capital improvements, construction costs or expenses as may be reasonably and necessarily included in connection with such projects, where federal laws or regulations do not permit federal participation in payment of such capital improvements, construction costs or expenses and even though such capital improvements, construction costs or expenses exceed twentyfive percent (25%) of the total cost of the project.

Laws 1953, p. 177, § 2, eff. June 3, 1953; Laws 1955, p. 254, § 1, eff. March 18, 1955; Laws 1971, c. 216, § 1; Laws 1985, c. 147, § 1, eff. July 1, 1985.

§44233.3.  Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

A.  The Oklahoma Military Department, with the approval of the Governor, attested by the Secretary of State thereon, is hereby authorized and directed to enter into contracts in the name of the State of Oklahoma for the purpose of carrying out the provisions of Section 233.2 et seq. of this title, provided that contracts for the construction, erection and completion of any armory buildings hereby authorized shall be awarded to the lowest and best bidder, approved by the Department of the Army or other representative federal agency, and that any contractor, to whom a contract may be awarded hereunder, shall execute with a qualified surety company, doing business in this state, as surety, bonds in such amounts and with such conditions as prescribed by law and by the Department of the Army or other representative federal agency.  Such bonds shall be upon a form with such conditions and in such amounts as may meet the requirements of the representative federal agency and in such further amounts as willfully protect and cover the construction contributions of the state.

B.  The Oklahoma Military Department shall from time to time, as the occasion therefore arises, determine whether any real estate, armory or building belonging to the State of Oklahoma and under the control of the Oklahoma Military Department is needed by the Oklahoma Military Department.  If the Adjutant General determines that there is no need, the Adjutant General shall so declare and sell or dispose of the same in such manner and upon such terms as approved by the Department of Central Services and the Governor.  If the Adjutant General determines that the structure endangers the public health or safety, the Adjutant General may, in the manner provided by law, order the immediate demolition of the structure.  If the Adjutant General determines that a municipality, county, state agency, or other public entity can use the real estate, armory, or building for a public purpose, the Adjutant General may transfer the property to the municipality, county, state agency, or other public entity.  For purposes of transferring real estate, armories, or buildings to a municipality, the Oklahoma Military Department shall be exempt from the Oklahoma Surplus Property Act for purposes of selling surplus property.  If the municipality, county, state agency, or other public entity does not use the real estate, armory, or building for public purposes, the property shall revert back to the Oklahoma Military Department on behalf of the State of Oklahoma.  Necessary deeds and other conveyances shall be executed by the Adjutant General in the name of the State of Oklahoma.

Proceeds of the sale or other disposition of such property shall be deposited in a revolving fund in the State Treasury designated as the Surplus Property Revolving Fund of the Oklahoma Military Department.  Monies deposited in such revolving fund may be expended by the Adjutant General, for construction, repairs, and maintenance, or equipment for facilities of the Oklahoma National Guard.  No new armory shall be constructed unless authorized by the Legislature.

Added by Laws 1953, p. 177, § 3, emerg. eff. June 3, 1953.  Amended by Laws 1985, c. 147, § 2, eff. July 1, 1985; Laws 2004, c. 138, § 1, eff. Nov. 1, 2004; Laws 2005, c. 130, § 4, eff. Nov. 1, 2005.

§44233.4.  Control, use and operation of buildings constructed.

Subject to limitations imposed by the United States of America as a condition precedent to its financial participation in the construction, erection and completion of such armory buildings, the control, use and operation thereof shall be that prescribed in Laws 1951, page 123, Sections 1, 2 and 3 and page 124, Sections 4, 5, 6 and 7 (Title 44, Sections 232.1 to 232.7, both inclusive, Oklahoma Statutes, 1951).

Laws 1953, p. 177, § 4, eff. June 3, 1953.

§44233.5.  Conveyance of sites by political subdivisions.

The governing body of any school district, town, city, county or any other political subdivision of state government is hereby authorized to convey to this state title or other adequate property interest to acceptable and suitable real estate under its control and proper jurisdiction as sites for the construction, erection and completion of armory buildings under this act, and any individual and any corporation is authorized to convey by deed to this state, any of his, her or its lands, situated in the state for such purpose and use; provided, each such conveyance shall be subject to acceptance by the Adjutant General, on behalf of the state, and provided further that the Adjutant General shall not accept any such deed unless the approval of the Governor of the acceptance be endorsed thereon, attested by the Secretary of State.  No state funds shall be paid or obligated for any such deed or other conveyance.  After such deed or other conveyance has been delivered and accepted, the Adjutant General shall be authorized to expend funds appropriated to the Military Department of the state for the maintenance, repair and improvement of the armory buildings and appurtenances erected on such lands.

Laws 1953, p. 178, § 5, eff. June 3, 1953.

§44233.6.  Special Armory Construction Board abolished  Transfer of powers and duties, etc.

A.  The Special Armory Construction Board is hereby abolished, and the powers, duties and responsibilities exercised by such board pursuant to law are hereby transferred to the Oklahoma Military Department.  All unexpended funds, property, records, personnel and any outstanding financial obligations and encumbrances of such board are hereby transferred to the Oklahoma Military Department.

B.  The Director of State Finance is hereby directed to coordinate the transfer of funds, allotments, purchase orders, outstanding financial obligations or encumbrances provided for in this section.

Laws 1985, c. 147, § 3, eff. July 1, 1985.

§44233.7.  Oklahoma Military Department Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Oklahoma Military Department Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received by the Oklahoma Military Department from the sale of surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, gifts, bequests, contributions, devises, any other source, and the proceeds of property sold or otherwise disposed of pursuant to the provisions of subsection B of Section 233.3 of this title.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Military Department for construction, repairs, and maintenance, equipment for facilities of the Oklahoma National Guard, or for operating expenses of the Oklahoma Military Department.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Laws 1985, c. 147, § 4, eff. July 1, 1985; Laws 1986, c. 210, § 9, operative July 1, 1986.

§44233.8.  Petty cash fund.

There is hereby created a petty cash fund for the Oklahoma Military Department, the sum of which shall be determined as agreeable to the Oklahoma Military Department and the Director of State Finance.  The Director of State Finance shall prescribe the rules and procedures for the administration of this petty cash fund.

Laws 1989, c. 369, § 137, operative July 1, 1989; Laws 1990, c. 258, § 36, operative July 1, 1990.

§44-233.10.  Purchase of replacement commercial funds.

The Oklahoma Military Department is hereby authorized to purchase commercial vehicles to replace commercial vehicles deemed unserviceable by the Adjutant General from funds appropriated for maintenance operations or specially authorized and appropriated for this purpose.

Laws 1990, c. 258, § 37, operative July 1, 1990.

§44-233.11.  Contracts for professional services.

The Oklahoma Military Department is hereby authorized to enter into agreements and contracts with licensed individuals, partnerships, corporations or firms for professional services for the development of designs, plans, and specifications, and further, the construction, renovation, and remodeling of buildings, structures, or appurtenances deemed necessary and appropriate by the Adjutant General for the conduct of Oklahoma National Guard activities in accordance with rules and procedures for the administration of such professional services by the Office of Public Affairs.  Said contractual agreements shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00) per year, exclusive of funds being specifically appropriated by the Legislature for specific projects of new construction, appropriated for this purpose or allocated from other operating, revolving or capital funds of the Oklahoma Military Department.

Laws 1990, c. 258, § 38, operative July 1, 1990.

§44-234.1.  Repealed by Laws 1983, c. 333, § 34, emerg. eff. June 29, 1983.

§44-234.2.  Repealed by Laws 1983, c. 333, § 34, emerg. eff. June 29, 1983.

§44235.  Creation of 45th Infantry Division Museum - Supervision - Location - Executive Director.

There is hereby created the 45th Infantry Division Museum, to be under the supervision of the Adjutant General.  The Adjutant General may appoint an Executive Director to oversee the daily operations and maintenance of the museum and perform other duties as requested by the Adjutant General.  Appropriate state agencies are directed to make available, for display of items of historical significance and necessary space for administration, the buildings presently occupied by the Oklahoma Military Department, located in the vicinity of 36th Street and North Eastern in Oklahoma City, Oklahoma.  The building herein referred to shall be made available by the Adjutant General as soon as same is no longer needed by and is vacated by the Oklahoma Military Department.  The Executive Director, subject to the approval of the Adjutant General, may lease to the 45th Infantry Division Association, for periods not exceeding one (1) year and with provisions for renewal from year to year, an area to be used as a gift shop, if the lease does not interfere with its use by the 45th Infantry Division Museum.  The proceeds of the sales from the gift shop shall remain with the 45th Infantry Division Association for operating purposes.

Added by Laws 1965, H.J.R. No. 546, p. 1233, § 235, emerg. eff. July 24, 1965.  Amended by Laws 1975, c. 70, § 1, emerg. eff. April 18, 1975; Laws 2004, c. 138, § 2, eff. Nov. 1, 2004.

§44-235.1.  45th Infantry Division Museum Fund.

There is hereby created in the State Treasury a special fund to be known as the "45th Infantry Division Museum Fund", which fund shall consist of donations received for operation and maintenance of the museum and monies received from the sale of Armed Forces Veterans Motorcycle License Plates pursuant to Section 1135.5 of Title 47 of the Oklahoma Statutes.  Said fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Military Department.  Expenditures from the fund created by this section shall be used exclusively for expenses of operation and maintenance of the 45th Infantry Division Museum and shall be made pursuant to the laws of this state and without legislative appropriation.  Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee of the department and approved for payment by the Director of State Finance.

Laws 1974, c. 224, § 5, emerg. eff. May 15, 1974; Laws 1979, c. 47, § 14, emerg. eff. April 9, 1979; Laws 2005, c. 416, § 8, eff. Nov. 1, 2005.

§44235.2.   Acceptance of gifts to the 45th Infantry Division Museum.

The Adjutant General of Oklahoma is hereby authorized to accept gifts for and on behalf of the state of military artifacts, military books and maps and materials, supplies and equipment which support the construction and operation of the museum which have been or may be specifically donated to the 45th Infantry Division Museum.

The Executive Director of the 45th Infantry Division Museum is directed to maintain and preserve appropriate records for all such gifts made to the museum.

Upon declaring that certain military artifacts or military books and maps belonging to the 45th Infantry Division Museum are surplus to the needs of the museum, the Executive Director of the 45th Infantry Division Museum is authorized to effect an exchange of the same on an equitable basis for military artifacts or military books and maps needed by the museum with the approval of the Department of Central Services.

Added by Laws 1981, c. 138, § 1, emerg. eff. May 5, 1981.  Amended by Laws 1983, c. 304, § 19, eff. July 1, 1983; Laws 2004, c. 138, § 3, eff. Nov. 1, 2004.

§44-236.  Certain real property acquisition in Pontotoc County.

The Oklahoma State Legislature hereby approves the acquisition, using federal funds only and no state general revenue funding, by the Oklahoma Military Department of buildings, appurtenances and properties situated in the County of Pontotoc, State of Oklahoma, more particularly described as:

A tract of land in the NE/4 SE/4 of Section 20, Township 4 North, Range 6 East, more particularly described as follows, to-wit:  Beginning at the Northeast corner of the SE/4 SE/4 of said Section 20; thence North a distance of 415 feet; thence West a distance of 210 feet; thence South a distance of 415 feet; thence East a distance of 210 feet to the point of beginning, containing 2 acres, more or less.

SUBSEQUENT TO July 20, 1984, 7:59 A.M.

A part of the SE/4 SE/4 of Section 20, Township 4 North, Range 6 East, more particularly described as follows, to-wit:  Beginning at the Northeast corner of said SE/4 SE/4 of said Section 20; thence South a distance of 276.86 feet; thence West a distance of 210 feet; thence North a distance of 276.86 feet; thence East a distance of 210 feet to the point of beginning.

SUBSEQUENT TO July 10, 1984, 7:59 A.M.

EXCEPT all mineral deeds and mineral grants, and all oil and gas leases, assignments and releases thereof, and all instruments of any kind or character relating or pertaining thereto, all of which instruments are omitted and excepted entirely from this Supplemental Abstract.

Added by Laws 1997, c. 410, § 26, eff. July 1, 1997.

§44-237.  Oklahoma National Guard Relief Program.

A.  The Military Department of the State of Oklahoma shall create the Oklahoma National Guard Relief Program.  This program is being created for the purpose of providing financial relief for approved expenses to qualified members of the Oklahoma National Guard.

B.  A review board shall be created for purposes of accepting applications for relief and distributing monies accrued to those members with qualifying expenses.  The board shall consist of:

1.  The Adjutant General;

2.  The Commanding Sergeant Major of the Army National Guard; and

3.  The Chief Master Sergeant of the Air National Guard.

C.  Procedures for meetings, qualifying expenses, approvals, and minimum criteria for accepting applications shall be developed by the review board.

Added by Laws 2005, c. 238, § 1, eff. Nov. 1, 2005.

§44241.  Governor authorized to organize, maintain, etc.  Uniform.

The Governor, pursuant to the authority granted the states by the Act of Congress of October 21, 1940, and under such regulations as the Secretary of Defense may prescribe for discipline in training, is hereby authorized to enlist, organize, maintain, equip and discipline such military forces other than the National Guard as he may deem necessary to defend the state.  Such forces shall be uniformed and subject to Sections 1 through 117, 192 through 195.8, 208 through 235.2, and 2101 through 3113 of this title unless in conflict with such sections.

Laws 1941, p. 170, § 1, emerg. eff. June 4, 1941; Laws 1985, c. 96, § 3, eff. Nov. 1, 1985.

§44242.  Designation  Composition  Distinct from National Guard  Place of service.

Such military forces shall be designated as the "Oklahoma State Guard" and shall be composed of officers commissioned or assigned, and such ablebodied male citizens of the state as shall volunteer for service therein.  They shall be additional to and distinct from the National Guard organized under existing law.  They shall not be required to serve outside the boundaries of this state.

Laws 1941, p. 170, § 2, emerg. eff. June 4, 1941.

§44243.  Rules and regulations  Arms and equipment  Drill and instruction  Similarity to National Guard  Compensation and allowances.

The Governor is hereby authorized to prescribe rules and regulations governing the enlistment, organization, administration, equipment, discipline and discharge of the personnel of such military forces; to requisition from the Secretary of Defense such arms and equipment as may be in the possession of and can be spared by the Department of Defense and to extend thereto the facilities of state armories and their equipment and such other state premises and property as may be available for the purpose of drill and instruction.  Insofar as applicable the procedure for the enlistment, organization, pay, maintenance, equipment and disciplining of such forces shall be in conformity with the law and the rules and regulations governing and pertaining to the National Guard; provided that the officers and enlisted men in the Oklahoma State Guard shall not receive any compensation or monetary allowances from the state except when called into active service by order of the Governor.

Laws 1941, p. 170, § 3, emerg. eff. June 4, 1941; Laws 1985, c. 96, § 4, eff. Nov. 1, 1985.

§44244.  Calling into military service of United States not authorized  No exemption from military service.

Nothing in this act shall be construed as authorizing such forces, or any part thereof to be called, ordered or in any manner drafted, as such into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be exempted from military service under any law of the United States.

Laws 1941, p. 170, § 4, emerg. eff. June 4, 1941.

§44245.  Persons not to be commissioned or enlisted.

No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.

Laws 1941, p. 170, § 5, emerg. eff. June 4, 1941.

§44246.  Oath of officers.

The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the National Guard, substituting the words "Oklahoma State Guard" where necessary.

Laws 1941, p. 171, § 6, emerg. eff. June 4, 1941.

§44247.  Term of enlistment  Oath upon enlistment.

No person shall be enlisted for more than one (1) year, but such enlistment may be renewed.  The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words "Oklahoma State Guard" where necessary.

Laws 1941, p. 171, § 7, emerg. eff. June 4, 1941.

§44248.  Articles of War  Applicability  Exemption from arrest, jury duty and service on posse comitatus.

(a)  Whenever such forces or any part thereof shall be ordered out for active service the Articles of War of the United States applicable to members of the National Guard of this state in relation to courtsmartial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to "the Oklahoma State Guard."

(b)  No officer or enlisted man of such forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he is ordered to attend for military duty.  Every officer and enlisted man of such forces shall, during his service therein, be exempt from service upon any posse comitatus and from jury duty.

Laws 1941, p. 171, § 8, emerg. eff. June 4, 1941.

§44-249.  Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989.

§44250.  Citation of act.

This act may be cited as the State Guard Act.

Laws 1941, p. 171, § 10, emerg. eff. June 4, 1941.

§44-261.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-262.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-263.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-264.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-265.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-266.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-267.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-268.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-269.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§44-270.  Repealed by Laws 1973, c. 133, § 1, emerg. eff. May 10, 1973.

§442101.  Definitions.

In this act, unless the context otherwise requires:

(1)  "State military forces" means the National Guard of the state, as defined in Section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state.

(2)  "Officer" means commissioned or warrant officer.

(3)  "Commanding officer" includes only commissioned officers.

(4)  "Superior commissioned officer" means a commissioned officer superior in rank or command.

(5)  "Enlisted member" means a person in an enlisted grade.

(6)  "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

(7)  "Rank" means the order of precedence among members of the state military forces.

(8)  "Active state duty" means duty in the state military forces and includes travel to and from such duty.

(9)  "Military court" means a courtmartial, a court of inquiry, or a provost court.

(10)  "Military judge" means an official of a general or special courtmartial detailed in accordance with Section 2505 of Title 44 of the Oklahoma Statutes.

(11)  "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces.

(12)  "Staff judge advocate" means the commissioned officer responsible for supervising the administration of military justice within a command.

(13)  "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.

(14)  "Military" refers to any or all of the armed forces.

(15)  "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.

(16)  "May" is used in a permissive sense.  The words "no person may .  .  ." mean that no person is required, authorized, or permitted to do the act prescribed.

(17)  "Shall" is used in an imperative sense.

(18)  "Code" means this act.

Laws 1963, c. 148, § 101, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 1.

§442102.  Persons subject to this code.

This code applies to all members of the state military forces who are not in federal service.  No person may be tried for any offense provided in this code, Section 2101, et seq. of this title, unless it was committed while he was in a duty status or during a period of time in which he was under lawful order to be in a duty status.  However, the processing of charges and all proceedings, including trial and punishment, may be conducted without regard to the duty status of the accused.

Laws 1963, c. 148, § 102, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 1, emerg. eff. May 5, 1987.

§442103.  Jurisdiction to try certain personnel.

(a)  Each person discharged from the state military forces who is later charged with having fraudulently obtained his discharge is subject to Section 708, subject to trial by courtmartial on that charge, and is after apprehension subject to this code while in the custody of the military for that trial.  Upon conviction of that charge he is subject to trial by courtmartial for all offenses under this code committed before the fraudulent discharge.

(b)  No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

Laws 1963, c. 148, § 103, emerg. eff. June 6, 1963.

§442105.  Territorial applicability of the code.

(a)  This code applies throughout the state.  It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.

(b)  Courtsmartial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

Laws 1963, c. 148, § 105, emerg. eff. June 6, 1963.

§442106.  Judge advocates and legal officers.

A.  The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the state military forces as State Judge Advocate.  To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years and must be a commissioned officer of the rank of Major or higher in the Judge Advocate General Corps.

B.  The Adjutant General may appoint as many assistant state judge advocates as he considers necessary.  To be eligible for appointment, assistant state judge advocates must be officers of the state military forces and members of the bar of the highest court of the state.

C.  The State Judge Advocate and his assistants may appear in the courts in the state on behalf of the Oklahoma Military Department, the Adjutant General or other members of the National Guard in actions arising from their official duties.

D.  Convening authorities and their staff judge advocates shall at all times communicate directly with each other in matters relating to the administration of military justice; and the staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, or with the State Judge Advocate.

E.  No person who has acted as member, law officer, 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, in any case may later act as staff judge advocate to any reviewing authority upon the same case.

Laws 1963, c. 148, § 106, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 2, emerg. eff. May 5, 1987.

§442201.  Arrest of personnel.

A.  Officers, warrant officers, and enlisted men of the Oklahoma National Guard may be placed in arrest by their military superiors for any offense in violation of this code.  If any member of the National Guard fails or refuses to report to his appointed place of duty, the commanding officer is authorized to arrest or cause to be arrested such member and have him brought before the commanding officer at his unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport such member to his appointed place of duty, be it within or without the borders of the state.  If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he may issue a warrant to any sheriff, constable, or peace officer authorized to serve warrants of arrest under civil law, and such officer is authorized and required to serve such warrant in the same manner as other warrants of arrest and make return thereof to the commanding officer issuing the warrant.

B.  If the commanding officer issuing the warrant be unavailable to receive the person arrested, the arresting officer shall take him before a judge or magistrate in the state.  The judge or magistrate may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon the person arrested appearing before his commanding officer at his next regularly scheduled drill or training period or before the judge or magistrate at a time specified in such bond for his surrender to the commanding officer issuing the warrant or his representative.  If the person arrested be unable to give bail, then he shall be committed by the judge or magistrate to the county jail for a period of time not to exceed three (3) days to await being surrendered to the commanding officer issuing the warrant or his representative.

C.  Warrants of arrest issued pursuant to this section shall be in the following form:

STATE OF OKLAHOMA  )

  )ss

COUNTY OF ___________)

To the (Sheriff), (Constable), (Chief of Police) of ____________

  (city)

(or the name and rank of the Company Officer, First Sergeant, or

N. C. O. ordered to make the arrest) of ________ County:

________________________________________________________________

(name of individual to be arrested, rank, serial number)

a member of ______________________, Oklahoma National Guard, having

(unit designation)

failed or refused to report to his appointed place of duty at

__________________, you are therefore commanded forthwith to arrest

the above named _______________________________________________,

  (name of individual to be arrested)

and bring him before me at ______________________________.

  (unit headquarters)

The arrest is authorized to be made either during the day or at night.

Dated at __________________, this _____ day of ____________, 19__.

/S/_____________________________________

  (type signer's name, rank, branch,

  organizations, and designation

  as commanding officer)

D.  The fees and mileage allowed for the service of such warrants of arrest shall be the same as provided by law for the service of criminal process and shall be paid out of funds appropriated to the office of the Adjutant General upon proper application therefor.

E.  Failure of the person arrested to appear before his commanding officer as ordered by the judge or magistrate shall result in forfeiture of said bail, the proceedings relating to the forfeiture of said bail shall be the same as prescribed in Section 2204 of this title.

Laws 1963, c. 148, § 201, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 3, emerg. eff. May 5, 1987.

§442202.  Apprehension of deserters.

Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the state military forces and deliver him into the custody of the state military forces.  If an offender is apprehended outside the state, his return to the area must be in accordance with normal extradition procedures or reciprocal agreement.

Laws 1963, c. 148, § 202, emerg. eff. June 6, 1963.

§442203.  Warrant of arrest  Contents  Bail  Direction  Execution.

A.  A warrant of arrest for the purpose of securing the presence of an accused at any courtmartial proceedings or in execution of a sentence of confinement may be issued by a summary, special or general courtmartial convening authority or by a summary, special or general courtmartial.

B.  The warrant issued under this section shall:

1.  Be in writing and be in the name of the State of Oklahoma;

2.  Set out the date when issued and the county and state where issued;

3.  State the name and rank of the person to be arrested;

4.  State the offense the person to be arrested is charged with or convicted of;

5.  Command the person for whom the warrant was issued to be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed in custody, and booked; and

6.  Be signed by an authorized officer of the armed forces of this state.

C.  The warrant may specify whether or not the arrestee should be admitted to bail, and if so, the amount.

D.  The warrant shall be directed to all peace officers in the state, the provost marshal of the armed forces of the state and such troops as are under his command or supervision.  The warrant may be executed by any troops directed to execute if by the issuing authority.  Such persons shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.

Laws 1987, c. 73, § 4, emerg. eff. May 5, 1987.

§442204.  Arrest or confinement of persons charged with offense  Bail.

A.  Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement by the convening authority, as circumstances may require; but when charged only with an offense normally tried by a summary courtmartial, such person shall not ordinarily be placed in confinement.  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.

B.  Any person in confinement charged with or convicted of an offense under this code is entitled to bail pending finality of the sentence.  The amount of such bail shall be fixed by the convening authority or courtmartial that ordered the confinement and shall not exceed Two Hundred Fifty Dollars ($250.00) by a summary courtmartial or convening authority, Five Hundred Dollars ($500.00) by a special courtmartial or convening authority, and One Thousand Dollars ($1,000.00) by a general courtmartial or convening authority.  Any person in confinement may invoke the supervisory jurisdiction of a military judge on the claim that the convening authority has improperly refused bail or a reduction of bail.

C.  The amount of bail shall be such as in the judgment of the convening authority or the courtmartial will ensure the presence of the accused before proper courtmartial.  Factors in determining the amount of bail are as follows:

1.  The seriousness of the offense charged;

2.  The weight of the evidence against the defendant;

3.  The previous criminal record of the defendant;

4.  The ability of the defendant to give bail; and

5.  Any other circumstances affecting the probability of the appearance of the defendant.

D.  An order fixing the amount of bail shall be in writing, specify the amount of the bail, designate the officer or officers authorized to accept the bail and must be signed by the convening authority, president of the courtmartial or military judge.

E.  The qualifications of sureties, the bail undertaking, the various types of bail authorized, the rights of surety, the surrender or arrest of the defendant and the exoneration of the surety shall be governed by the similar provisions for municipal courts of record in the state.

F.  Proceedings relating to the forfeiture and collection of bail shall be conducted by the appropriate district attorney under the provisions of Section 1301 et seq. of Title 59 of the Oklahoma Statutes, before the district court of the district in which the courtmartial proceeding was held.

G.  When a military judge has been detailed to conduct a courtmartial either alone or with members, the military judge shall set the bail provided for in this code.

Laws 1963, c. 148, § 204, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 5, emerg. eff. May 5, 1987.

§442205.  Confinement in jails.

Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in the county jail of the county where the offense was committed or the jail designated by the convening authority.

Laws 1963, c. 148, § 205, emerg. eff. June 6, 1963.

§442206.  Reports and receiving of prisoners.

(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer in charge of a county jail or any other jail or guardhouse designated under Section 205 of this code, may refuse to receive or keep any prisoner committed to his charge, when the committing authority furnishes a statement, signed by him, of the offense charged against the prisoner.

(b) Every provost marshal, commander of a guard, master at arms, warden, keeper, or officer in charge of a county jail, or of any other jail or guardhouse designated under Section 205 of this code, to whose charge a prisoner is committed shall, within twentyfour hours after that commitment, report to the commanding officer of the prisoner the name of the person who ordered or authorized the commitment.

Laws 1963, c. 148, § 206, emerg. eff. June 6, 1963.

§442207.  Punishment prohibited before trial.

Subject to Section 803, 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.

Laws 1963, c. 148, § 207, emerg. eff. June 6, 1963.

§442208.  Delivery of offenders to civil authorities.

(a) A person subject to this code who is on active state duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

(b) When delivery under Section 208 is made to any civil authority of a person undergoing sentence of a courtmartial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the courtmartial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.

Laws 1963, c. 148, § 208, emerg. eff. June 6, 1963.

§44-2301.  Commanding officer's nonjudicial punishment.

A.  Any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

1.  Upon an officer of his or her command:

a. withholding of privileges for not more than two (2) consecutive weeks,

b. restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks, or

c. if imposed by the Governor, the Adjutant General, the commanding general of a division, or the Commanding General of the Air National Guard, a fine or a forfeiture of pay and allowances of not more than Seventy-five Dollars ($75.00); and

2.  Upon other military personnel of his or her command:

a. withholding of privileges for not more than two (2) consecutive weeks,

b. restriction to certain specified limits, with or without suspension from duty, for not more than two (2) consecutive weeks,

c. extra duties for not more than fourteen (14) days, which need not be consecutive, and for not more than two hours per day, holidays included,

d. reduction to next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command, and

e. if imposed by an officer exercising special court-martial jurisdiction over the offender, a fine or a forfeiture of pay and allowances of not more than Ten Dollars ($10.00).

B.  An officer in charge may, for minor offenses, impose on enlisted members assigned to the unit of which he or she is in charge such of the punishments authorized to be imposed by commanding officers.

C.  A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal in writing to the next superior authority.  The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.  The officer who imposes the punishment, his or her successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.

D.  The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

E.  Whenever a punishment of forfeiture of pay and allowances is imposed under this section, the forfeiture may apply to pay allowances accruing on or after the date that punishment is imposed and to any pay and allowances accrued before that date.

F.  Prior to being informed of the disciplinary action to be taken under this section, the person to be punished shall have the right to demand trial by court-martial for the offense.

G.  The punishments provided in subsection A of this section with respect to withholding of privileges, restrictions and extra duties when the offender is performing a unit training assembly or assemblies, as defined by the military regulations, shall not exceed two (2) consecutive days.

Added by Laws 1963, c. 148, § 301, emerg. eff. June 6, 1963.  Amended by Laws 1987, c. 73, § 6, emerg. eff. May 5, 1987; Laws 1997, c. 40, § 1, eff. July 1, 1997.

§442401.  Courtsmartial of state military forces not in federal service  Composition  Jurisdiction  Powers and proceedings.

(a)  In the state military forces not in federal service, there are general, special, and summary courtsmartial constituted like similar courts of the armed forces of the United States and shall follow as near as possible the forms and procedures provided for those courts.

(b)  The three kinds of courtsmartial are:

(1)  general courtsmartial:

a. consisting of a military judge and not less than five (5) members; or

b. only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves except for any offense for which the death penalty may be adjudged, unless the case has been previously referred to trial as a noncapital case;

(2)  special courtsmartial:

a. consisting of a military judge and not less than three (3) members; or

b. only a military judge if the accused under the same conditions as those prescribed in subparagraph b. of paragraph (1) of this subsection so requests; and

(3)  summary courtsmartial, consisting of one commissioned officer.

Laws 1963, c. 148, § 401, emerg. eff. June 6, 1941; Laws 1971, c. 232, § 2.

§442403.  Jurisdiction of general courtsmartial.

General courtsmartial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may adjudge any of the following punishments:

1.  A fine of not more than Two Hundred Dollars ($200.00);

2.  Forfeiture of pay and allowances for not more than two hundred (200) days;

3.  A reprimand;

4.  Dismissal, or bad conduct or dishonorable discharge;

5.  Reduction of an enlisted person to any inferior grade; or

6.  Any combination of these punishments.

Laws 1963, c. 148, § 403, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 7, emerg. eff. May 5, 1987; Laws 1990, c. 98, § 1, eff. Sept. 1, 1990.

§442404.  Jurisdiction of special courtsmartial.

Special courtsmartial have jurisdiction to try any person, subject to this code for any offense for which they may be punished under this code.  A special courtmartial has the same powers of punishment as a general courtmartial, except that the fine or forfeiture of pay and allowances imposed by a special courtmartial may not be more than One Hundred Dollars ($100.00) for a single offense, the forfeiture of pay and allowances imposed by a special court-martial may not be for longer than one hundred (100) days for a single offense and a special courtmartial may not impose dismissal or a dishonorable discharge.  A special courtmartial may not impose a bad conduct discharge unless a complete record of the proceedings and testimony has been made.

Laws 1963, c. 148, § 404, emerg. eff. June 6, 1963; Laws 1987, c. 73, § 8, emerg. eff. May 5, 1987; Laws 1990, c. 98, § 2, eff. Sept. 1, 1990.

§442405.  Jurisdiction of summary courtsmartial.

(a)  Summary courtsmartial have jurisdiction to try any person, subject to this code, except officers, for any offense made punishable by this code.

(b)  No person shall be tried by a summary courtmartial if, prior to trial, he objects thereto.  If objection to trial by summary courtmartial is made by an accused, trial may be ordered by special or general courtmartial, as is appropriate.

(c)  A summary courtmartial may sentence to a fine of not more than Twentyfive Dollars ($25.00) for a single offense, to forfeiture of pay and allowances for not more than twenty-five (25) days for a single offense, to reduction of an enlisted person to any inferior grade, and to any combination of these punishments.

Laws 1963, c. 148, § 405, emerg. eff. June 6, 1941; Laws 1971, c. 232, § 3; Laws 1990, c. 98, § 3, eff. Sept. 1, 1990.

§442406.  Governor's approval required to execute certain sentences.

In the state military forces not in federal service, no sentence of dismissal, bad conduct discharge or dishonorable discharge may be executed until it is approved by the Governor.

Laws 1963, c. 148, § 406, emerg. eff. June 6, 1963; Laws 1990, c. 98, § 4, eff. Sept. 1, 1990.

§442407.  Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.

A dishonorable discharge or dismissal may not be adjudged by any courtmartial unless a verbatim record of the proceedings and testimony before the court has been made.

Laws 1963, c. 148, § 407, emerg. eff. June 6, 1963.

§442408.  Confinement instead of fine.

In the state military forces not in federal service, a courtmartial may, instead of imposing fine, sentence to confinement for not more than one day for each dollar of the authorized fine.

Laws 1963, c. 148, § 408, emerg. eff. June 6, 1963.

§442501.  Who may convene general courtsmartial.

In the state military forces not in federal service, general courtsmartial may be convened by order of the Adjutant General or the Governor.

Laws 1963, c. 148, § 501, emerg. eff. June 6, 1963; Laws 1990, c. 98, § 5, eff. Sept. 1, 1990.

§442502.  Special courtsmartial of state military forces not in federal service  Who may convene.

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, regiment, battle group, wing, group, detached battalion, separate squadron, or other detached command, may convene special courtsmartial.  Special courtsmartial may also be convened by superior competent authority.  When any such officer is an accuser, the court shall be convened by superior competent authority.

Laws 1963, c. 148, § 502, emerg. eff. June 6, 1963.

§442503.  Summary courtsmartial of state military forces not in federal service  Who may convene.

(a)  In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a division, brigade, battle group, regiment, wing, group, battalion, squadron, detached company, or other detachment, may convene a summary courtmartial consisting of one commissioned officer.

(b)  When only one commissioned officer is present with a detached command he shall be the summary courtmartial of that command or detachment and shall hear and determine all summary courtmartial cases brought before him.  Summary courtsmartial may, however, be convened in any case by superior competent authority when considered desirable by him.

Laws 1963, c. 148, § 503, emerg. eff. June 6, 1963; Laws 1973, c. 116, § 1, emerg. eff. May 4, 1973.

§442504.  Who may serve on courtsmartial.

(a)  Any commissioned officer of or on duty with the state military forces is eligible to serve on all courtsmartial for the trial of any person who may lawfully be brought before such courts for trial.

(b)  Any warrant officer of or on duty with the state military forces is eligible to serve on general and special courtsmartial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(c)  (1)  Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courtsmartial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the convening of the court, the accused personally has requested in writing that enlisted members serve on it.  After such a request, the accused may not be tried by a general or special courtmartial the membership of which does not include enlisted members in a number comprising at least onethird (1/3) of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies.  If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.

(2)  In this section, the word "unit" means any regularly organized body of the state military forces not larger than a company, a squadron, or a body corresponding to one of them.

(d)  (1)  When it can be avoided, no person subject to this code may be tried by a courtmartial any member of which is junior to him in rank or grade.

(2)  When convening a courtmartial, the convening authority shall detail as members thereof such members as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.  No member is eligible to serve as a member of a general or a special courtmartial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

Laws 1963, c. 148, § 504, emerg. eff. June 6, 1963; Laws 1990, c. 98, § 6, eff. Sept. 1, 1990.

§442505.  Military judge of a general or special courtmartial.

(a)  The authority convening a general or special courtmartial shall request the state judge advocate to detail as military judge thereof a commissioned officer who is a member of the bar of the highest court of the state. No person is eligible to act as military judge in a case if he is the accuser or witness for the prosecution or has acted as investigating officer or as counsel in the same case.

(b)  The military judge may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel, nor may he vote with the members of the court.

Laws 1963, c. 148, § 505, emerg. eff. June 6, 1941; Laws 1971, c. 232, § 4.

§442506.  Detail of trial counsel and defense counsel.

(a)  For each general and special courtmartial the authority convening the court shall request the state judge advocate to detail trial counsel and defense counsel, and such assistants as he considers appropriate.  No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case.  No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

(b)  Trial counsel or defense counsel for a general or special courtmartial shall be members of the bar of the highest court of the state.

Laws 1963, c. 148, § 506, emerg. eff. June 6, 1941; Laws 1971, c. 232, § 5.

§442507.  Detail or employment of reporters and interpreters.

The convening authority of a general courtmartial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. The convening authority of a special courtmartial may detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court.  The convening authority of a military court may appoint interpreters who shall interpret for the court.

Laws 1963, c. 148, § 507, emerg. eff. June 6, 1963.

§442508.  Absent and additional members.

(a)  No member of a general or special courtmartial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.

(b)  Whenever a general courtmartial is reduced below five members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than five members.  When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused, and counsel.

(c)  Whenever a special courtmartial is reduced below three members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than three members.  When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

Laws 1963, c. 148, § 508, emerg. eff. June 6, 1963.

§442601.  Charges and specification.

(a)  Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:

(1)  that the signer has personal knowledge of, or has investigated, the matters set forth therein; and

(2)  that they are true in fact to the best of his knowledge and belief.

(b)  Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.

Laws 1963, c. 148, § 601, emerg. eff. June 6, 1963.

§442602.  Compulsory selfincrimination prohibited  Right to counsel.

(a)  No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.

(b)  No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected, that any statement made by him may be used as evidence against him in a trial by courtmartial, that he has a right to consult with a lawyer, that he has a right to have a lawyer present during questioning, that he has a right to request a lawyer and that upon his request one will be provided him without cost or, if he prefers, he may retain counsel of his choice at his own expense.

(c)  No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.

(d)  No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by courtmartial.

Laws 1963, c. 148, § 602, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 6.

§442603.  Investigation.

(a)  No charge or specification may be referred to a general courtmartial for trial until a thorough and impartial investigation of all the matters set forth herein has been made.  The conduct of this investigation is the responsibility of the officer exercising special courtmartial jurisdiction over the accused and shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

(b)  The accused shall be advised of the charges against him and of his right to be represented at that investigation by counsel.  Upon his own request he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel appointed by the person exercising general courtmartial jurisdiction over the command.  At that investigation full opportunity shall be given to the accused to crossexamine witnesses against him if they are available, and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused.  If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

(c)  If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, crossexamination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge.  A demand for further investigation entitles the accused to recall witnesses for further crossexamination and to offer any new evidence in his own behalf.

(d)  The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.

Laws 1963, c. 148, § 603, emerg. eff. June 6, 1963.

§442604.  Forwarding of charges.

When a person is held for trial by general courtmartial the officer exercising special courtmartial jurisdiction over the accused shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges together with the investigation and allied papers, through military channels, to the Adjutant General, or if that is not practicable, he shall report in writing the reasons for delay.

Laws 1963, c. 148, § 604, emerg. eff. June 6, 1963; Laws 1990, c. 98, § 7, eff. Sept. 1, 1990.

§442605.  Advice of State Judge Advocate and reference for trial.

(a)  Before directing the trial of any charge by general courtmartial, the convening authority shall refer it to the State Judge Advocate for consideration and advice.  The convening authority may not refer a charge to a general courtmartial for trial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.

(b)  If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.

Laws 1963, c. 148, § 605, emerg. eff. June 6, 1963.

§442606.  Service of charges.

The trial counsel to whom courtmartial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had.  In time of peace no person may, against his objection, be brought to trial before a general courtmartial within a period of five days after the service of the charges upon him, or before a special courtmartial within a period of three days after the service of the charges upon him.

Laws 1963, c. 148, § 606, emerg. eff. June 6, 1963.

§442701.  General procedure.

The procedure, including modes of proof, in cases before military courts and other military tribunals shall, so far as practicable, be the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state and in the trial of cases in the courtsmartial of the United States, but which may not be contrary to or inconsistent with this code.

Laws 1963, c. 148, § 701, emerg. eff. June 6, 1963.

§442702.  Unlawfully influencing action of court  Exceptions.

(a)  No authority convening a general, special, or summary courtmartial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding.  No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the courtmartial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts. The foregoing provisions shall not apply to:

(1)  general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courtsmartial; or

(2)  statements and instructions given in open court by the military judge or counsel.

(b)  In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on duty, no person subject to this code may in preparing any such report:

(1)  consider or evaluate the performance of duty of any such member as a member, military judge, trial counsel or defense counsel of a courtmartial; or

(2)  give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member as counsel represented any accused before a courtmartial.

Laws 1963, c. 148, § 702, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 7.

§442703.  Duties of trial counsel and defense counsel.

(a)  The trial counsel of a general or special courtmartial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings.

(b)  The accused has the right to be represented in his defense before a general or special courtmartial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel appointed under Section 506.  Should the accused have counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were appointed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the president of the court.

(c)  In every courtmartial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.

(d)  An assistant trial counsel of a general courtmartial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section 506, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court.  An assistant trial counsel of a special courtmartial may perform any duty of the trial counsel.

(e)  An assistant defense counsel of a general or special courtmartial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section 506, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.

Laws 1963, c. 148, § 703, emerg. eff. June 6, 1963.

§442704.  Sessions.

(a)  At any time after the service of charges which have been referred for trial to a courtmartial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:

(1)  Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; or

(2)  Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court; or

(3)  Holding the arraignment and receiving the pleas of the accused; and

(4)  Performing any other procedural function which may be performed by the military judge under Section 2701 which does not require the presence of the members of the court.  These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.

(b)  Whenever a general or special courtmartial deliberates or votes, only the members of the court may be present.  All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

Laws 1963, c. 148, § 704, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 8.

§442705.  Continuances.

The military judge may, for reasonable cause, grant a continuance to any party for such time, and as often as may appear to be just.

Laws 1963, c. 148, § 705, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 9.

§442706.  Challenges.

(a)  The military judge and members of a general or special courtmartial may be challenged by the accused or the trial counsel for cause stated to the court.  The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time.  Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b)  Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.

Laws 1963, c. 148, § 706, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 10.

§442707.  Oaths.

(a)  Before performing their respective duties, interpreters, and, in general and special courtsmartial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

(b)  Each witness before a military court shall be examined on oath or affirmation.

Laws 1963, c. 148, § 707, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 11.

§442708.  Statute of limitations.

(a)  A person charged with any offense under this code is not liable to be tried by courtmartial if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary courtmartial jurisdiction over the command.

(b)  Periods in which the accused was outside of the state, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.

Laws 1963, c. 148, § 708, emerg. eff. June 6, 1963.

§442709.  Former jeopardy.

(a)  No person may, without his consent, be tried a second time in any military court of the state for the same offense.

(b)  No proceeding in which an accused has been found guilty by a courtmartial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(c)  A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

Laws 1963, c. 148, § 709, emerg. eff. June 6, 1963.

§442710.  Pleas of the accused.

(a)  If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.

(b)  With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a courtmartial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote.  This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

Laws 1963, c. 148, § 710, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 12.

§442711.  Opportunity to obtain witnesses and other evidence.

(a)  The trial counsel, the defense counsel, and the courtmartial shall have equal opportunity to obtain witnesses and other evidence.

(b)  The military judge or a summary court officer may:

(1)  issue a warrant for the arrest of any accused person who disobeys a written order by the convening authority to appear before the court;

(2)  issue subpoenas duces tecum and other subpoenas;

(3)  enforce by attachment the attendance of witnesses and the production of books and papers.

(c)  Process issued in courtmartial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by military personnel designated by the courtmartial, or by civil officers as  prescribed by the laws of the state.

Laws 1963, c. 148, § 711, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 13.

§442712.  Refusal to appear or testify.

Every person who, being duly subpoenaed to attend as a witness at a courtmartial, refuses or neglects without lawful excuse to attend pursuant to such subpoena, is guilty of a misdemeanor.

Laws 1963, c. 148, § 712, emerg. eff. June 6, 1963.

§442713.  Contempts.

A military court may punish for contempt any person who willfully and unlawfully refuses to be sworn as a witness, or who refuses to answer any legal or proper question, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.  The punishment may not exceed confinement for thirty (30) days or a fine of One Hundred Dollars ($100.00), or both.

Laws 1963, c. 148, § 713, emerg. eff. June 6, 1963.

§442714.  Depositions.

(a)  At any time after charges have been referred to trial by courtmartial any party may take oral or written depositions unless the convening authority forbids it for good cause.

(b)  The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(c)  Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state, or by the laws of the place where the deposition is taken, to administer oaths.

(d)  A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any courtmartial or in any proceeding before a court of inquiry if it appears:

(1)  that the witness resides or is beyond the state in which the courtmartial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing;

(2)  that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or

(3)  that the present whereabouts of the witness is unknown.

Laws 1963, c. 148, § 714, emerg. eff. June 6, 1963.

§442716.  Voting and rulings.

(a)  Voting by members of a general or special courtmartial on the findings, and on the sentence shall be by secret written ballot.  The junior member of the court shall in each case count the votes.  The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

(b)  Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:

(1)  that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;

(2)  that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;

(3)  that, if there is a reasonable doubt, as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(4)  that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.

(c)  Subsections (a) and (b) do not apply to a courtmartial composed of a military judge only.  The military judge of such a courtmartial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence.  The military judge of such a courtmartial shall make a general finding and shall in addition on request find the facts specially.  If an opinion or memorandum decision is filed, it will be sufficient if the findings of fact appear therein.

Laws 1963, c. 148, § 716, emerg. eff. June 6, 1963; Laws 1971, c. 232, § 14.

§442717.  Number of votes required.

(a)  No person may be convicted of an offense, except by the concurrence of twothirds (2/3) of the members present at the time the vote is taken.

(b)  All sentences shall be determined by the concurrence of twothirds (2/3) of the members present at the time that the vote is taken.

(c)  All other questions to be decided by the members of a general or special courtmartial shall be determined by a majority vote.  A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.  A tie vote on any other question is a determination in favor of the accused.

Laws 1963, c. 148, § 717, emerg. eff. June 6, 1963.

§442718.  Court to announce action.

A courtmartial shall announce its findings and sentence to the parties as soon as determined.

Laws 1963, c. 148, § 718, emerg. eff. June 6, 1963.

§442719.  Record of trial.

(a)  Each general courtmartial shall keep a verbatim record of the proceedings of the trial of each case brought before it, and such record shall be authenticated by the signature of the president and the law officer.  In case the record cannot be authenticated by either the president or the law officer, by reason of the death, disability, or absence of such officer, it shall be signed by a member in lieu of him.  If both the president and the law officer are unavailable for such reasons, the record shall be authenticated by two members.

(b)  Each special courtmartial shall keep a separate record of the proceedings in each case, which record shall contain a summarized record of all evidence and proceedings of the court and be authenticated by the signature of the president and the trial counsel.  In case the record cannot be authenticated by either the president or the trial counsel, by reason of the death, disability, or absence of such officer, it shall be signed by a member in lieu of him.  If both the president and the trial counsel are unavailable for such reasons, the record shall be authenticated by two members of the courtmartial.  If the convening authority details or employs a qualified court reporter to record the record of the proceedings and a dishonorable discharge is adjudged, a verbatim record of the proceedings of the trial shall be kept.

(c)  Each summary courtmartial shall keep a separate record of the proceedings in each case, which record shall reflect the pleas of the accused to the charges and specifications, the findings and sentence, and the action by the convening authority.

(d)  Disposition of courtmartial records.  After final action by the convening authority, the original record of trial of each courtmartial will be filed in the office of the State Judge Advocate, one copy will be filed in the office of the staff judge advocate of the command concerned, and copy will be filed in the headquarters of the special courtmartial convening authority over the accused, and one copy will be given to the accused.

Laws 1963, c. 148, § 719, emerg. eff. June 6, 1963.

§442801.  Cruel and unusual punishments prohibited.

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any courtmartial or inflicted upon any person subject to this code.  The use of irons, single or double, except for the purpose of safe custody, is prohibited.

Laws 1963, c. 148, § 801, emerg. eff. June 6, 1963.

§442802.  Maximum limits.

The punishment which a courtmartial may direct for an offense may not exceed limits prescribed by this code.

Laws 1963, c. 148, § 802, emerg. eff. June 6, 1963.

§442803.  Effective date of sentences.

(a)  All sentences of courtsmartial are effective on the date ordered executed.

(b)  Whenever a sentence of a courtmartial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority, and to any pay or allowances accrued before that date.

(c)  Any period of confinement included in a sentence of a courtmartial begins to run from the date the accused is confined pursuant to the sentence.  Any period during which the sentence to confinement is suspended shall not be computed as service of the term of confinement and will not affect the power of the convening authority to vacate the suspension at any time during the current enlistment of the accused.

Laws 1963, c. 148, § 803, emerg. eff. June 6, 1963.

§442804.  Execution of confinement.

(a)  A sentence of confinement adjudged by a military court may be carried into execution by confinement in a guardhouse or by confinement in any county jail designated by the convening authority. Persons so confined are subject to the same discipline and treatment as persons confined or committed to a county jail by the courts of the state.

(b)  The omission of the words "hard labor" from any sentence or punishment of a courtmartial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

(c)  The keepers or officers in charge of the county jails of this state shall receive persons ordered into confinement before trial by the convening authority and persons sentenced to confinement by a military court and shall confine them according to law.  No such keeper or officer in charge will require payment of any fee or charge for so receiving or confining a person.

Laws 1963, c. 148, § 804, emerg. eff. June 6, 1963.

§442805.  Commitment under sentence of confinement.

When a sentence of confinement shall be imposed to be served otherwise than in a guardhouse, the convening authority shall issue a writ in the following or similar form:

STATE OF OKLAHOMA )

) ss

COUNTY OF _________)

To the Sheriff of ________ County, State of Oklahoma.

WHEREAS _______________ of ___________________ in the County of

  (name of accused)  (unit designation)

________, a member of the Oklahoma National Guard, was on the ___ day of _____, 19__ tried by courtmartial and found guilty of _________

  (offense)

in violation of the Oklahoma Military Code and was sentenced to serve _____ days' imprisonment; and

WHEREAS, as such sentence was approved and ordered executed by the convening authority, on the ____ day of _____, 19__;

THEREFORE, you are commanded to take the body of the said _______ and commit him to the keeper of the jail, who is hereby commanded to receive the body of the said _____ and keep him safely for the term of _____ days, after which he shall be released.

Fail not, but do as herein commanded and return make sixty (60) days from this date.

Dated at _____ in the County of _____ this _____ day of _____, 19__.

__________________________________

(name, rank, branch, organization,

  and designation as convening

  authority)

Laws 1963, c. 148, § 805, emerg. eff. June 6, 1963.

§442806.  Collection of fines.

(a)  All fines imposed as a sentence of a courtmartial shall be paid at the time of approval of the sentence by the convening authority.  Upon failure to pay the fine, the convening authority shall order the accused committed to a guardhouse or county jail until such fine shall have been paid, or until one (1) day shall have been served for each One Dollar ($1.00) of the fine imposed.

(b)  The commitment to the county jail will be in the following or similar form:

STATE OF OKLAHOMA)

  )ss

COUNTY OF _______)

To the Sheriff of ____ County, State of Oklahoma.

WHEREAS________________ of _____________________________

  (name of accused)   (unit designation)

in the County of ________, a member of the Oklahoma National Guard, was on the _____ day of _____, 19__ tried by courtmartial and found guilty of ___________ in violation of the Oklahoma Military Code and

  (offense)

was sentenced to pay a fine of _____ Dollars; and

WHEREAS, such fine has not been paid;

NOW, THEREFORE, by authority of the State of Oklahoma, you are hereby commanded to take the body of the said _____ and commit it to the keeper of the jail in the County of _____, who is hereby commanded to receive the body of said _____ and keep him safely until he pays the sum above mentioned, or shall have served one (1) day for each dollar of said fine, after which time he shall be released.

Fail not but service and return make within sixty (60) days from this date.

Dated at _____ in the County of _____ this _____ day of _____, 19__.

_________________________________

(name, rank, branch, organization,

  and designation as convening

  authority)

(c)  The proceeds of all fines in summary, special, and general courtmartial cases shall be paid, to the account of the Adjutant General and all costs of prosecution shall be paid out of funds appropriated to the office of the Adjutant General.

Laws 1963, c. 148, § 806, emerg. eff. June 6, 1963.

§442901.  Execution of sentence - Suspension of sentence.

Except as provided in Sections 406 and 907 of this code, a courtmartial sentence may be ordered executed by the convening authority when approved by him.  He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence as approved by him.

Laws 1963, c. 148, § 901, emerg. eff. June 6, 1963.

§442902.  Initial action on the record.

After a trial by courtmartial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the Governor.

Laws 1963, c. 148, § 902, emerg. eff. June 6, 1963.

§442903.  Action on general courtmartial records.

Before taking action in the case of a general courtmartial, the convening authority shall refer the record of each general courtmartial to the State Judge Advocate, who shall review the record and submit his written opinion thereon to the convening authority.  The review will include a summary of the evidence in the case, his opinion as to the adequacy and weight of the evidence and the effect of any error or irregularity reflecting the proceedings, and a specific recommendation as to the action to be taken by the convening authority.  If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.

Laws 1963, c. 148, § 903, emerg. eff. June 6, 1963.

§442904.  Reconsideration and revision.

(a)  If a specification before a courtmartial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

(b)  Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a courtmartial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.  In no case, however, may the record be returned:

(1)  for reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;

(2)  for reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(3)  for increasing the severity of the sentence.

Laws 1963, c. 148, § 904, emerg. eff. June 6, 1963.

§442905.  Rehearings.

(a)  If the convening authority disapproves the findings and sentence of a courtmartial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.  In such a case he shall state the reasons for disapproval.  If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.

(b)  Each rehearing shall take place before a courtmartial whose composition shall not include any member or military judge of the courtmartial which first heard the case.  Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first courtmartial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.

Laws 1963, c. 148, § 905; Laws 1971, c. 232, § 15.

§442906.  Approval by the convening authority.

In acting on the findings and sentence of a courtmartial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved.  Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.

Laws 1963, c. 148, § 906, emerg. eff. June 6, 1963.

§442907.  Review of records - Disposition.

Records of trial by courtsmartial shall be reviewed as follows:

(a)  General courtmartial records of trial will be reviewed as set forth in Section 903 of this code and the Governor's action on review of any such record of trial is final.

(b)  In all other cases not covered by subsection (a), if the sentence of a special courtmartial includes a dishonorable discharge, the entire record shall be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general courtmartial.  After such review, the convening authority shall approve or disapprove the findings and sentence, and if the approved sentence includes a dishonorable discharge, whether or not suspended, the record and the opinion of the staff judge advocate or legal officer shall be forwarded to the State Judge Advocate for review.  A sentence of dishonorable discharge shall not be ordered into execution until reviewed by the State Judge Advocate and approved by the Governor.

(c)  In a case reviewable by the State Judge Advocate under subsection (b), the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.  He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved.  In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.  If the State Judge Advocate affirms the findings and the sentence to a dishonorable discharge, the entire record and his opinion will be forwarded to the Governor for approval.  The entire record will then be returned to the convening authority with appropriate instructions.  If the State Judge Advocate sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing.  If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.

(d)  In a case reviewable by the State Judge Advocate under subsection (b), he shall instruct the convening authority to act in accordance with the final decision on the review.  If he has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.

(e)  The State Judge Advocate may order one or more boards of review, each composed of not less than three commissioned officers of the state military forces, each of whom must be a member of the bar of the highest court of the state.  Each board of review shall review the record of trial referred to it by the State Judge Advocate.  Boards of review have the same authority on review as the State Judge Advocate has under this section.

(f)  All other special and summary courtmartial records shall be sent to the staff judge advocate or legal officer of the appropriate force of the state military forces to be reviewed for legal sufficiency.

Laws 1963, c. 148, § 907, emerg. eff. June 6, 1963.

§442908.  Error of law - Lesser included offense.

(a)  A finding or sentence of a courtmartial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b)  Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

Laws 1963, c. 148, § 908, emerg. eff. June 6, 1963.

§442909.  Review counsel.

(a)  Upon the final review of a sentence of a general courtmartial or of a sentence to a dishonorable discharge by a special courtmartial, the accused has the right to be represented by counsel before the reviewing authority.

(b)  Upon the request of an accused entitled to be so represented, the convening authority shall appoint a commissioned officer who is a member of the bar of the highest court of the state to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in subsection (a) of this section.

(c)  If provided by him, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.

Laws 1963, c. 148, § 909, emerg. eff. June 6, 1963.

§442910.  Vacation of suspension.

(a)  Before the vacation of the suspension of a special courtmartial sentence which as approved includes a dishonorable discharge, or of any general courtmartial sentence, the officer having special courtmartial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.  The probationer shall be represented at the hearing by counsel if he so desires.

(b)  The record of the hearing and the recommendation of the officer having special courtmartial jurisdiction shall be sent for action to the Governor in cases involving a general courtmartial sentence, and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases covered by subsection (a) of this section.  If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence shall be executed.

(c)  The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

Laws 1963, c. 148, § 910, emerg. eff. June 6, 1963.

§442911.  Petition for a new trial.

At any time within two (2) years after approval by the convening authority of a courtmartial sentence, which extends to dismissal or dishonorable discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud.

Laws 1963, c. 148, § 911, emerg. eff. June 6, 1963.

§442912.  Remission and suspension.

(a)  A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

(b)  The Governor may, for good cause, substitute an administrative form of discharge for a dishonorable discharge or dismissal executed in accordance with the sentence of a courtmartial.

Laws 1963, c. 148, § 912, emerg. eff. June 6, 1963.

§442913.  Restoration.

(a)  All rights, privileges, and property affected by an executed part of a courtmartial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered, and such executed part is included in a sentence imposed upon a new trial or rehearing.

(b)  If a previously executed sentence of dishonorable discharge is not imposed on a new trial the Governor shall substitute therefor a form of discharge authorized for administrative issuance, unless the accused is to serve out the remainder of his enlistment.

(c)  If a previously executed sentence of dismissal is not imposed on a new trial the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone 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 may be made if a position vacancy is available under applicable tables of organization.  All time between the dismissal and reappointment shall be considered as service for all purposes.

Laws 1963, c. 148, § 913, emerg. eff. June 6, 1963.

§442914.  Finality of proceedings, findings, and sentences.

The proceedings, findings, and sentences of courtsmartial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courtsmartial following review and approval, as required by this code, are final and conclusive.  Orders publishing the proceedings of courtsmartial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in Sections 911 and 913 of this code.

Laws 1963, c. 148, § 914, emerg. eff. June 6, 1963.

§443002.  Principals.

Any person subject to this code who:

(1)  commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or

(2)  causes an act to be done which if directly performed by him would be punishable by this code;

is a principal.

Laws 1963, c. 148, § 1002, emerg. eff. June 6, 1963.

§443003.  Accessory after the fact.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1003, emerg. eff. June 6, 1963.

§443004.  Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included herein.

Laws 1963, c. 148, § 1004, emerg. eff. June 6, 1963.

§443005.  Attempts.

(a)  An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending but failing to affect its commission, is an attempt to commit that offense.

(b)  Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a courtmartial may direct, unless otherwise specifically prescribed.

(c)  Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Laws 1963, c. 148, § 1005, emerg. eff. June 6, 1963.

§443006.  Conspiracy.

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1006, emerg. eff. June 6, 1963.

§443007.  Solicitation.

Any person subject to this code who solicits or advises another or others to desert in violation of Section 1010 of this code, mutiny or sedition in violation of Section 1019 of this code, or to commit an act of misbehavior before the enemy in violation of Section 1024 of this code, shall be punished as the courtmartial may direct.

Laws 1963, c. 148, § 1007, emerg. eff. June 6, 1963.

§443008.  Fraudulent enlistment, appointment, or separation.

Any person who:

(1)  procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2)  procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1008, emerg. eff. June 6, 1963.

§443009.  Unlawful enlistment, appointment, or separation.

Any person subject to this code who effects an enlistment or appointment in, or a separation from, the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1009, emerg. eff. June 6, 1963.

§443010.  Desertion.

(a)  Any member of the state military forces who:

(1)  without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2)  quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3)  without being regularly separated from one of the state military forces, enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated;

is guilty of desertion.

(b)  Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c)  Any person found guilty of desertion or attempt to desert shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1010, emerg. eff. June 6, 1963.

§443011.  Absence without leave.

Any person subject to this code, who, without authority:

(1)  fails to go to his appointed place of duty at the time prescribed;

(2)  goes from that place; or

(3)  absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1011, emerg. eff. June 6, 1963.

§443012.  Missing movement.

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1012, emerg. eff. June 6, 1963.

§443013.  Contempt towards officials.

Any person subject to this code who uses contemptuous words against the President, the Governor, or the Governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1013, emerg. eff. June 6, 1963.

§443014.  Disrespect towards superior commissioned officer.

Any person subject to this code who behaves with disrespect towards his superior commissioned officer shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1014, emerg. eff. June 6, 1963.

§443015.  Assaulting or willfully disobeying superior commissioned officer.

Any person subject to this code who:

(1)  strikes his superior commissioned officer, or draws or lifts up any weapon, or offers any violence against him while he is in the execution of his office; or

(2)  willfully disobeys a lawful command of his superior commissioned officer;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1015, emerg. eff. June 6, 1963.

§443016.  Insubordinate conduct toward warrant officer or noncommissioned officer.

Any warrant officer or enlisted member who:

(1)  strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office;

(2)  willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

(3)  treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer, while that officer is in the execution of his office;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1016, emerg. eff. June 6, 1963.

§443017.  Failure to obey order or regulation.

Any person subject to this code who:

(1)  violates or fails to obey any lawful general order or regulation;

(2)  having knowledge of any other lawful order issued by a member of the state military forces which it is his duty to obey, fails to obey the order; or

(3)  is derelict in the performance of his duties;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1017, emerg. eff. June 6, 1963.

§443018.  Cruelty and maltreatment.

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1018, emerg. eff. June 6, 1963.

§443019.  Mutiny or sedition.

(a)  Any person subject to this code who:

(1)  with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2)  with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

(3)  fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b)  A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1019, emerg. eff. June 6, 1963.

§443020.  Resistance, breach of arrest, and escape.

Any person subject to this code who resists or breaks arrest or who escaped from physical restraint lawfully imposed shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1020, emerg. eff. June 6, 1963.

§443021.  Releasing prisoner without proper authority.

Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1021, emerg. eff. June 6, 1963.

§443022.  Unlawful detention of another.

Any person subject to this code who, except as provided by law or regulation, arrests or confines any person shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1022, emerg. eff. June 6, 1963.

§443023.  Noncompliance with procedural rules.

Any person subject to this code who:

(1)  is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

(2)  knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1023, emerg. eff. June 6, 1963.

§443024.  Misbehavior before the enemy.

Any person subject to this code who before or in the presence of the enemy:

(1)  runs away;

(2)  shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;

(3)  through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4)  casts away his arms or ammunition;

(5)  is guilty of cowardly conduct;

(6)  quits his place of duty to plunder or pillage;

(7)  causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;

(8)  willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or

(9)  does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1024, emerg. eff. June 6, 1963.

§443025.  Subordinate compelling surrender.

Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of the state, or of any other state, to give it up to any enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1026, emerg. eff. June 6, 1963.

§443026.  Improper use of countersign.

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1026, emerg eff. June 6, 1963.

§443027.  Forcing a safeguard.

Any person subject to this code who forces a safeguard shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1027, emerg. eff. June 6, 1963.

§443028.  Captured or abandoned property.

(a)  All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b)  Any person subject to this code who:

(1)  fails to carry out the duties prescribed in subsection (a);  (2)  buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit, or advantage to himself or another directly or indirectly connected with himself; or

(3)  engages in looting or pillaging;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1028, emerg. eff. June 6, 1963.

§443029.  Aiding the enemy.

Any person subject to this code who:

(1)  aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2)  without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1029, emerg. eff. June 6, 1963.

§443030.  Misconduct of a prisoner.

Any person subject to this code who, while in the hands of the enemy in time of war:

(1)  for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2)  while in a position of authority over such persons maltreats them without justifiable cause;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1030, emerg. eff. June 6, 1963.

§443031.  False official statements.

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement, knowing it to be false, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1031, emerg. eff. June 6, 1963.

§443032.  Military property  Loss, damage, destruction or wrongful disposition - Failure to return.

A.  Any person subject to this code who, without proper authority:

(1)  sells or otherwise disposes of;

(2)  willfully or through neglect damages, destroys, or loses; or

(3)  willfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of;

any military property of the United States or of the state shall be punished as a courtmartial may direct.

B.  Any person who fails to return any military property, equipment, identification papers or other items belonging to the Armed Forces of the United States, or the Oklahoma Military Forces, after having been given proper notice to return the property or equipment, shall be guilty of a misdemeanor and shall be punished by a fine in an amount not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both said fine and imprisonment.

C.  Notice to return military property, equipment, identification papers or other items to the Armed Forces of the United States, or the Oklahoma Military Forces, may be given by personal notice upon the person in possession of the property or by mailing a registered or certified letter, restricted delivery with return receipt requested, to the person's last-known address.  The notice shall recite this section and contain a demand that the property be returned or, if it has been lost or destroyed, that restitution be paid as provided in subsection D of this section.

D.  A person may avoid prosecution under this section by returning the property or making restitution to the responsible official of the Armed Forces of the United States or the Oklahoma Military Forces, as applicable, prior to the time of filing thereon.

Laws 1963, c. 148, § 1032, emerg. eff. June 6, 1963; Laws 1990, c. 97, § 1, emerg. eff. April 18, 1990.

§443033.  Property other than military property  Waste, spoilage, or destruction.

Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property, other than military property of the United States or of the state, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1033, emerg. eff. June 6, 1963.

§443034.  Improper hazarding of vessel.

(a)  Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the state military forces shall be punished as a courtmartial may direct.

(b)  Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the state military forces shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1034, emerg. eff. June 6, 1963.

§443035.  Drunken or reckless driving.

Any person subject to this code who, while in a duty status, operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1035, emerg. eff. June 6, 1963.

§443036.  Drunk on duty  Sleeping on post  Leaving post before relief.

Any person subject to this code who is found drunk on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1036, emerg. eff. June 6, 1963.

§443037.  Dueling.

Any person subject to this code who fights, or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1037, emerg. eff. June 6, 1963.

§443038.  Malingering.

Any person subject to this code who for the purpose of avoiding work, duty, or service in the state military forces:

(1)  feigns illness, physical disablement, mental lapse or derangement; or

(2)  intentionally inflicts selfinjury;

shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1038, emerg. eff. June 6, 1963.

§443039.  Riot or breach of peace.

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1039, emerg. eff. June 6, 1963.

§443040.  Provoking speeches or gestures.

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1040, emerg. eff. June 6, 1963.

§443041.  Perjury.

Any person subject to this code who in a judicial proceeding or in the course of any investigation conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1041, emerg. eff. June 6, 1963.

§443042.  Frauds against the government.

Any person subject to this code:

(1)  who, knowing it to be false or fraudulent

(A)  makes any claim against the United States, the state, or any officer thereof; or

(B)  presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state, or any officer thereof;

(2)  who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:

(A)  makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

(B)  makes any oath to any fact or to any writing or other paper knowing the oath to be false; or

(C)  forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3)  who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or

(4)  who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements herein contained and with intent to defraud the United States or the state;

shall, upon conviction, be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1042, emerg. eff. June 6, 1963.

§443043.  Larceny and wrongful appropriation.

(a)  Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:

(1)  with intent permanently to deprive or defraud another person of the use and benefit of property, or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny; or

(2)  with intent temporarily to deprive or defraud another person of the use and benefit of property, or to appropriate it to his own use or the use of any person other than the owner, is guilty of wrongful appropriation.

(b)  Any person found guilty of larceny or wrongful appropriation shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1043, emerg. eff. June 6, 1963.

§443044.  Conduct unbecoming an officer and a gentleman.

Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a courtmartial may direct.

Laws 1963, c. 148, § 1044, emerg. eff. June 6, 1963.

§443045.  General article.

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary courtmartial according to the nature and degree of the offense and shall be punished at the discretion of that court.  However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.

Laws 1963, c. 148, § 1045, emerg. eff. June 6, 1963.

§443101.  Courts of inquiry.

(a)  Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that purpose, whether or not the persons involved have requested such an inquiry.

(b)  A court of inquiry consists of three or more commissioned officers.  For each court of inquiry the convening authority shall also appoint counsel for the court.

(c)  Any person subject to this code whose conduct is subject to inquiry shall be designated as a party.  Any person subject to this code or employed in the division of military affairs, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.  Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to crossexamine witnesses, and to introduce evidence.

(d)  Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(e)  The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.

(f)  Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courtsmartial.

(g)  Courts of inquiry shall make findings of fact but not express opinions or make recommendations unless required to do so by the convening authority.

(h)  Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.  If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.  If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

Laws 1963, c. 148, § 1101, emerg. eff. June 6, 1963.

§443102.  Authority to administer oaths.

(a)  The following members of the state military forces may administer oaths for the purposes of military administration and military justice:

(1)  the State Judge Advocate and all assistant state judge advocates;

(2)  all law specialists;

(3)  all summary courtsmartial;

(4)  all adjutants, assistant adjutants, acting adjutants, and personnel adjutants;

(5)  all staff judge advocates and assistant staff judge advocates;

(6)  all legal officers;

(7)  the president, law officer, trial counsel, and assistant trial counsel for all general and special courtsmartial;

(8)  the president and the counsel for the court of any court of inquiry;

(9)  all officers designated to take a deposition; and

(10)  all persons detailed to conduct an investigation.

(b)  The signature of the foregoing individuals, together with the title of his office, is prima facie evidence of his authority.

Laws 1963, c. 148, § 1102, emerg. eff. June 6, 1963.

§443103.  Sections to be explained.

Sections 102, 103, 201  301, 504, 506, 702, 801, 1001  1043, and 1103  1105 of this code shall be carefully explained to every enlisted member at the time of his enlistment, transfer, or induction into or at the time of his order to duty in or with any of the state military forces, or within thirty (30) days thereafter.  They shall also be explained annually to each unit of the state military forces.  A complete text of this code shall be made available to any member of the state military forces, upon his request, for his personal examination.

Laws 1963, c. 148, § 1103, emerg. eff. June 6, 1963.

§443104.  Complaints of wrongs.

Any member of the state military forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General.

Laws 1963, c. 148, § 1104, emerg. eff. June 6, 1963.

§443109.  Immunity for action of military courts.

No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.

Laws 1963, c. 148, § 1109, emerg. eff. June 6, 1963.

§443110.  Presumption of jurisdiction.

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

Laws 1963, c. 148, § 1110, emerg. eff. June 6, 1963.

§443112.  Uniformity of interpretation.

This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact similar provisions, and so far as practical, to make that law uniform with the military law of the United States.

Laws 1963, c. 148, § 1112, emerg. eff. June 6, 1963.

§443113.  Short title.

This act may be cited as the "Oklahoma Code of Military Justice."

Laws 1963, c. 148, § 1113, emerg. eff. June 6, 1963.

§44-3114.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.