State Codes and Statutes
Statutes > Alabama > Title31 > Chapter2 > 31-2-83Section 31-2-83
Laws applicable to militia when in active service of state; jurisdiction and powers of courts-martial as to offenses thereunder; imposition of death penalty; imprisonment.
Whenever any portion of the militia shall be called into the active service of the state to execute the law, suppress a riot or insurrection, repel invasion, protect lives and property or in aid and relief of citizens in disaster, the law, including the Uniform Code of Military Justice, the acts of Congress and rules and regulations of the Department of Defense and the regulations prescribed for the United States armed forces shall be enforced and regarded as a part of this chapter until said forces shall be duly relieved from such duty. As to offenses committed when such laws are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment vested in them by this chapter, all additional jurisdiction and power of sentence and punishment exercised by like courts under such laws, including the Uniform Code of Military Justice and acts of Congress and rules and regulations of the Department of Defense and the regulations or laws governing the United States armed forces or the customs and usages thereof; but no punishment under such rules and regulations authorizing the taking of life shall in any case be inflicted except in time of war, invasion or insurrection, declared by a proclamation of the Governor to exist, and then only after approval by the Governor of the sentence inflicting such punishment. Imprisonment other than in a guardhouse shall be executed in county or city jails or other prisons designated by the Governor for that purpose.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §113; Acts 1973, No. 1038, p. 1572, §84.)