Pennsylvania Statutes

Title 51 - MILITARY AFFAIRS

Chapter 1 - General Provisions
- 101 - Short title of title.
- 102 - Definitions.
- 103 - Conformity with Federal legislation.
Chapter 3 - The Militia
- 301 - Formation.
Chapter 5 - The Governor as Commander-in-Chief
- 501 - Powers of Governor.
- 502 - Acceptance of Federal allotment for Pennsylvania National Guard.
- 503 - Training and Federal property of Pennsylvania National Guard.
- 504 - Permanent location of Pennsylvania National Guard units.
- 505 - Change in organization of Pennsylvania National Guard.
- 506 - Organization of Pennsylvania Guard for emergency.
- 507 - Draft from militia for emergency.
- 508 - Active duty for emergency.
- 509 - Coordination with adjacent states.
- 510 - Promulgation of regulations and rules.
- 511 - Issuing flags, standards and guidons.
- 512 - Display of POW/MIA flag.
Chapter 7 - Department of Military Affairs
- 701 - Overall powers of department.
- 702 - Duties of department.
- 703 - Administration, supply and supervision of military forces.
- 704 - Advisory councils for veterans' homes.
- 705 - Burial details for veterans.
- 706 - Cooperative agreements.
- 707 - Training areas.
- 708 - Fort Indiantown Gap.
- 709 - Operation of State-owned vehicles.
- 710 - Pennsylvania Veterans' Memorial Trust Fund.
Chapter 9 - The Adjutant General
- 901 - Appointment of Adjutant General, deputies and assistants.
- 902 - General powers and duties of Adjutant General.
- 903 - Providing subsistence, supplies, equipment and expenses.
- 904 - Payment of emergency expenses.
- 905 - Approving appointment of Federal personnel.
- 906 - Delegating responsibility for requisitioning Federal supplies.
- 907 - Augmenting department headquarters staff.
- 908 - Expenditures in connection with distinguished guests.
Chapter 11 - Pennsylvania National Guard
- 1101 - Pennsylvania National Guard as organized peacetime force.
- 1102 - Composition and organization.
- 1103 - General officers.
- 1104 - Composition of units.
- 1105 - Powers of a commanding general.
- 1106 - Disbandment of units.
- 1107 - Retention of ancient privileges.
- 1108 - Administration of oaths and affirmations.
Chapter 13 - Pennsylvania Guard
- 1301 - Composition of Pennsylvania Guard.
- 1302 - Designation and change of location of units.
- 1303 - General officers of Pennsylvania Guard.
Chapter 15 - State Armory Board
- 1501 - Composition and general functions.
- 1502 - Erection of armories.
- 1503 - Management of armories.
- 1504 - Purchase or lease of ground for armories.
- 1505 - Donation of land by political subdivisions.
- 1506 - Donation of property and services by political subdivisions.
- 1507 - Sale of unusable armories and land; sale or lease of timber and mineral rights.
- 1508 - Payment of armory rentals by Commonwealth.
- 1509 - Rental of armories.
- 1510 - Property in armories of units in Federal service.
- 1511 - State Treasury Armory Fund.
- 1512 - Maintenance, construction and repairs.
Chapter 17 - State Veterans' Commission and Deputy Adjutant General for Veterans' Affairs
- 1701 - Definitions.
- 1702 - State Veterans' Commission.
- 1703 - General powers and duties.
- 1704 - Specific powers and duties.
- 1705 - Veterans' home hall of fame.
- 1711 - Qualifications and status.
- 1712 - Specific duties.
Chapter 19 - Pennsylvania Veterans' Memorial Commission
- 1901 - Legislative findings (Expired).
- 1902 - Definitions (Expired).
- 1903 - Pennsylvania Veterans' Memorial Commission (Expired).
- 1904 - Duties of commission (Expired).
- 1905 - Pennsylvania Veterans' Memorial Trust Fund.
- 1906 - Expiration. SUBPART B. OFFICERS AND ENLISTED PERSONNEL
Chapter 21 - General Service
- 2101 - Exemption from militia duty.
Chapter 23 - Pennsylvania National Guard
- 2301 - Appointment of commissioned officers.
- 2302 - Appointment of warrant officers.
- 2303 - Oath of commissioned and warrant officers.
- 2304 - Compensation of division commander or equivalent.
- 2305 - Promotion of commissioned and warrant officers.
- 2306 - Powers of commissioned, warrant and noncommissioned officers.
- 2307 - Uniforms of commissioned officers.
- 2308 - Term of commissioned and warrant officers.
- 2309 - Discharge and removal of commissioned and warrant officers.
- 2310 - Holding officers as supernumerary pending settlement.
- 2311 - Enlistment of enlisted personnel.
- 2312 - Discharge of enlisted personnel.
- 2313 - Retired Pennsylvania National Guard personnel.
- 2314 - Status when called into temporary Federal service.
- 2315 - Status when ordered into active Federal service.
- 2316 - Transfer of unaccepted personnel to Pennsylvania Guard.
- 2317 - Temporary commander of unit.
Chapter 25 - Pennsylvania Guard
- 2501 - Oath of commissioned officers.
- 2502 - Physical qualifications of officers and enlisted personnel.
- 2503 - Enlistment contract and oath.
- 2504 - Retirement of commissioned officers and enlisted personnel. SUBPART C. PAY, ALLOWANCES, BENEFITS AND MEDALS
Chapter 31 - Pennsylvania National Guard
- 3101 - Pay of officers and enlisted personnel on special duty.
- 3102 - Pay of officers and enlisted personnel in active State service.
- 3103 - Transportation and expenses of personnel on special duty.
- 3104 - Tuition credit (Repealed).
- 3105 - Association group life insurance for Pennsylvania National Guard.
Chapter 32 - Educational Assistance Program
- 3201 - Definitions.
- 3202 - Eligibility.
- 3203 - Certification of eligibility.
- 3204 - Grants.
- 3205 - Amount of grants.
- 3206 - Limitations.
- 3207 - Recoupment of grant payments.
- 3208 - Regulations.
- 3209 - Administration.
- 3210 - Educational Assistance Program Fund.
Chapter 33 - Pennsylvania Guard
- 3301 - Pay and expenses of officers and enlisted personnel.
- 3302 - Uniforms, arms and equipment.
- 3303 - Pennsylvania National Guard laws generally to apply.
Chapter 35 - Disability Relief and Pensions
- 3501 - Relief for disability incurred in active State service.
- 3502 - Deceased soldier's dependents' pension.
- 3503 - Tuition waiver for children and spouses of deceased soldiers.
Chapter 37 - Decorations, Medals, Badges and Awards
- 3701 - Authorized decorations, medals, badges and awards.
- 3702 - Specifications.
- 3703 - Wearing of military insignia by municipal employees.
- 3704 - Saving provision.
- 3705 - Furnishing United States flag for deceased members. SUBPART D. RIGHTS AND IMMUNITIES
Chapter 41 - Rights and Immunities
- 4101 - Equality of treatment and opportunity for members.
- 4102 - Leaves of absence for certain government employees.
- 4103 - Exemption of uniforms and equipment.
- 4104 - Exemption from arrest.
- 4105 - Exemption from civil process.
- 4106 - Exemptions from further military service and jury duty.
- 4107 - Legal aid.
- 4108 - Liability of Commonwealth for judgments against personnel on State duty.
- 4109 - Child custody proceedings during military deployment.
Chapter 45 - Interstate Compact
- 4501 - Interstate compact for mutual military aid.
Chapter 47 - Fresh Pursuit by Military Forces
- 4701 - Fresh pursuit by Commonwealth forces.
- 4702 - Fresh pursuit by forces of other states.
Chapter 51 - General Provisions
- 5100 - Short title of part.
- 5101 - Definitions.
- 5102 - Persons subject to part.
- 5103 - Jurisdiction to try certain personnel.
- 5104 - Dismissal of commissioned officer.
- 5105 - Territorial applicability.
- 5106 - Judge advocates and legal officers.
Chapter 52 - Apprehension and Restraint
- 5201 - Apprehension.
- 5202 - Apprehension of persons absent without leave.
- 5203 - Imposition of restraint.
- 5204 - Restraint of persons charged with offenses.
- 5205 - Confinement in jails.
- 5206 - Reports and receiving of prisoners.
- 5207 - Punishment prohibited before trial.
- 5208 - Delivery of offenders to civil authorities.
Chapter 53 - Nonjudicial Punishment
- 5301 - Commanding officer's nonjudicial punishment.
Chapter 54 - Courts-martial Jurisdiction
- 5401 - Courts-martial classified.
- 5402 - Jurisdiction of courts-martial in general.
- 5403 - Jurisdiction of general courts-martial.
- 5404 - Jurisdiction of special courts-martial.
- 5405 - Jurisdiction of summary courts-martial.
- 5406 - Sentences of dismissal, dishonorable discharge or bad conduct to be approved by the Governor.
- 5407 - Record of bad conduct discharge proceedings.
- 5408 - Confinement instead of fine.
Chapter 55 - Appointment and Composition of Courts-martial
- 5501 - Who may convene general courts-martial.
- 5502 - Who may convene special courts-martial.
- 5503 - Who may convene summary courts-martial.
- 5504 - Who may serve on courts-martial.
- 5505 - Military judge of a general or special court-martial.
- 5506 - Appointment of trial counsel and defense counsel.
- 5507 - Appointment or employment of reporters and interpreters.
- 5508 - Absent and additional members.
Chapter 56 - Pretrial Procedure
- 5601 - Charges and specifications.
- 5602 - Compulsory self-incrimination prohibited.
- 5603 - Investigation.
- 5604 - Forwarding of charges.
- 5605 - Advice of staff judge advocate and reference for trial.
- 5606 - Service of charges.
Chapter 57 - Trial Procedure
- 5701 - Governor may prescribe rules.
- 5702 - Unlawfully influencing action of court.
- 5703 - Duties of trial counsel and defense counsel.
- 5704 - Sessions.
- 5705 - Continuances.
- 5706 - Challenges.
- 5707 - Oaths.
- 5708 - Statute of limitations.
- 5709 - Former jeopardy.
- 5710 - Pleas of the accused.
- 5711 - Opportunity to obtain witnesses and other evidence.
- 5712 - Refusal to appear or testify.
- 5713 - Contempts.
- 5714 - Depositions.
- 5715 - Admissibility of records of courts of inquiry.
- 5716 - Voting and rulings.
- 5717 - Number of votes required.
- 5718 - Court to announce action.
- 5719 - Record of trial.
Chapter 58 - Sentences
- 5801 - Cruel and unusual punishments prohibited.
- 5802 - Maximum limits.
- 5803 - Effective date of sentences.
- 5804 - Execution of confinement.
Chapter 59 - Review of Courts-martial
- 5901 - Error of law; lesser included offense.
- 5902 - Initial action on the record.
- 5903 - Action on general court-martial records.
- 5904 - Reconsideration and revision.
- 5905 - Rehearings.
- 5906 - Approval by the convening authority.
- 5907 - Disposition of records after review by the convening authority.
- 5908 - Review in the office of the State Judge Advocate.
- 5909 - Review by a board of review.
- 5910 - Appellate counsel.
- 5911 - Execution of sentence; suspension of sentence.
- 5912 - Vacation of suspension.
- 5913 - Petition for a new trial.
- 5914 - Remission and suspension.
- 5915 - Restoration.
- 5916 - Finality of proceedings, findings and sentences.
Chapter 60 - Punitive Sections
- 6001 - Principals.
- 6002 - Accessory after the fact.
- 6003 - Conviction of lesser included offense.
- 6004 - Attempts.
- 6005 - Conspiracy.
- 6006 - Solicitation.
- 6007 - Fraudulent enlistment, appointment or separation.
- 6008 - Unlawful enlistment, appointment, or separation.
- 6009 - Desertion.
- 6010 - Absence without leave.
- 6011 - Missing movement.
- 6012 - Contempt towards officials.
- 6013 - Disrespect towards superior commissioned officer.
- 6014 - Assaulting or willfully disobeying superior commissioned officer.
- 6015 - Insubordinate conduct toward warrant officer, noncommissioned officer.
- 6016 - Failure to obey order or regulation.
- 6017 - Cruelty and maltreatment.
- 6018 - Mutiny or sedition.
- 6019 - Resistance, breach of arrest, and escape.
- 6020 - Releasing prisoner without proper authority.
- 6021 - Unlawful detention of another.
- 6022 - Noncompliance with procedural rules.
- 6023 - Misbehavior before the enemy.
- 6024 - Subordinate compelling surrender.
- 6025 - Improper use of countersign.
- 6026 - Forcing a safeguard.
- 6027 - Captured or abandoned property.
- 6028 - Aiding the enemy.
- 6029 - Misconduct of a prisoner.
- 6030 - False official statements.
- 6031 - Loss, damage, destruction or wrongful disposition of military property.
- 6032 - Waste, spoilage, or destruction of nonmilitary property.
- 6033 - Improper hazarding of vessel.
- 6034 - Drunken or reckless driving.
- 6035 - Drunk on duty, sleeping on post and leaving post before relief.
- 6036 - Dueling.
- 6037 - Malingering.
- 6038 - Riot or breach of peace.
- 6039 - Provoking speeches or gestures.
- 6040 - Perjury.
- 6041 - Frauds against the government.
- 6042 - Larceny and wrongful appropriation.
- 6043 - Assault.
- 6044 - Conduct unbecoming an officer and a gentleman.
- 6045 - General article.
- 6046 - Embezzlement.
- 6047 - Purchasing and receiving military property in pawn.
Chapter 61 - Miscellaneous Provisions
- 6101 - Courts of inquiry.
- 6102 - Authority to administer oaths.
- 6103 - Text of part to be available.
- 6104 - Complaints of wrongs.
- 6105 - Redress of injuries to property.
- 6106 - Execution of process and sentence.
- 6107 - Disposition of fines and penalties.
- 6108 - Liability of public officers for nonexecution of process.
- 6109 - Compensation of court.
- 6110 - Immunity for action of military courts.
- 6111 - Delegation of authority by the Governor.
- 6112 - Uniformity of interpretation.
Chapter 71 - Veterans' Preference
- 7101 - Soldier defined.
- 7102 - Credits in civil service examinations.
- 7103 - Additional points in grading civil service examinations.
- 7104 - Preference in appointment or promotion.
- 7105 - Lack of training, age or physical impairment.
- 7106 - Preferential rating provision in public works specifications.
- 7107 - Computation of seniority for reduction in force.
- 7108 - Preference of spouses.
- 7109 - Law exclusive.
Chapter 73 - Military Leave of Absence
- 7301 - Definitions.
- 7302 - Granting military leaves of absence.
- 7303 - Expiration of military leaves of absence.
- 7304 - Reemployment rights.
- 7305 - Seniority rights.
- 7306 - Retirement rights.
- 7307 - Eligibility.
- 7308 - Loss of benefits.
- 7309 - Employment discrimination for military membership or duty.
- 7310 - Contract by minors for servicemen's readjustment loans.
- 7311 - Sale of real property for delinquent taxes and municipal claims.
- 7312 - Stay of eviction or distress during military service.
- 7313 - Educational leave of absence.
- 7314 - Stay of proceedings when military service affects conduct thereof.
- 7315 - Termination of leases and similar obligations by military personnel.
- 7315.1 - Early termination of housing rental agreement by military personnel.
- 7316 - Maximum rates of interest and scheduling of debts.
- 7317 - Deferred motor vehicle insurance coverage.
- 7318 - Unemployment compensation benefits.
- 7319 - Military family relief assistance.
Chapter 75 - Professional and Occupational Licenses
- 7501 - Definition.
- 7502 - Retention of licenses and certifications of persons entering military service.
- 7503 - Applicability of chapter (Deleted by amendment).
- 7503.1 - Applicability of chapter.
Chapter 77 - Veterans' Pensions and Benefits
- 7701 - Blind veteran's pension.
- 7702 - Paralyzed veteran's pension.
Chapter 79 - Veterans' Litigation Awards
- 7901 - Definitions.
- 7902 - Veterans' litigation awards.
Chapter 85 - Veterans' Emergency Assistance
- 8501 - Definitions.
- 8502 - Purpose.
- 8503 - Eligibility.
- 8504 - Amounts of assistance.
- 8505 - Appeals.
Chapter 87 - Educational Gratuity Program
- 8701 - Definitions.
- 8702 - Educational gratuity payments.
- 8703 - Eligibility and qualification requirements.
Chapter 89 - Disabled Veterans' Real Estate Tax Exemption
- 8901 - Definitions.
- 8902 - Exemption.
- 8903 - Duty of board.
- 8904 - Duty of commission.
- 8905 - Appeals.
- 8906 - Limitation on sale of exempt real estate.
Chapter 91 - Oaths, Affirmations and Acknowledgments
- 9101 - Acknowledgments and administering oaths without charge.
- 9102 - Affidavits and acknowledgments by designated officers.
Chapter 92 - Certified Copies of Documents
- 9201 - Certified copies of documents furnished without charge.
Chapter 93 - Veterans' Organizations
- 9301 - Reports of annual conventions.
- 9302 - Veterans' associations accompanied by military bands to places of interment or divine services.
- 9303 - Charitable status of certain veterans' organizations.
- 9304 - Grants to veterans' service officer programs.
Chapter 94 - Missing Persons
- 9401 - Federal findings of death or other status as evidence.
- 9402 - Federal reports of persons missing in action or interned as evidence.
- 9403 - Signatures of Federal officers presumed authorized.