2020 South Carolina Code of Laws
Title 25 - Military, Civil Defense and Veterans Affairs
Chapter 1 - Military Code
Section 25-1-40. Applicability of Uniform Code of Military Justice.

Whenever a portion of the militia of the State is on duty under or pursuant to orders of the Governor or whenever a part of the militia is ordered to assemble for state duty, the systems, precedents, and procedures established in the Uniform Code of Military Justice for the governing of armed forces of the United States, so far as applicable and not in conflict with a rule or regulation of this code, is considered in full force and regarded as a part of this chapter until these forces are duly relieved from this duty. Nothing in this section is construed as relinquishing the state's authority and jurisdiction in these matters. The Governor shall review the findings of all general courts-martial convened during situations arising pursuant to this section.

HISTORY: 1962 Code Section 44-4; 1952 Code Section 44-4; 1950 (46) 1881; 1964 (53) 2241; 2001 Act No. 85, Section 5; 2011 Act No. 46, Section 3, eff June 7, 2011.

Effect of Amendment

The 2011 amendment, in the first sentence, substituted "of this code" for "herein prescribed", "these forces" for "such forces", and "this duty" for "such duty"; in the second sentence, substituted "these matters" for "such matters"; deleted the third sentence, which had read, "No punishment under this section extending to the taking of life shall in any case be inflicted except in time of actual war, invasion, or insurrection declared to exist by proclamation of the President of the United States or the Governor of this State, and then only after the approval of such sentence by the Governor."; and in the last sentence, substituted "arising pursuant to this section" for "hereinabove recited"; and made other nonsubstantive changes.