PART X. PUNITIVE ARTICLES

 

[§124A-111]  Persons to be tried orpunished; offenses subject to jurisdiction; conflicts over jurisdiction withcivil authority or courts.  (a)  No person may be tried or punished for anyoffense provided for in sections 124A-112 to 124A-155 unless it was committedwhile the person was in a duty status.

(b)  The jurisdiction of courts-martial and theimposition of disciplinary punishment by a commanding officer for minoroffenses without the intervention of a court-martial shall be limited toviolations of the punitive articles (sections 124A-112 to 124A-155), includingviolations of any rules adopted by the governor, under section 124A-155,specifying or defining "disorders and neglects to the prejudice of goodorder and discipline in the state military forces".  Jurisdiction overcrimes or offenses not enumerated in or covered by the punitive articles ofthis chapter is reserved to civil authority and the civil courts.  Conflicts ordoubts over jurisdiction shall be resolved in favor of civil jurisdiction.

The delivery to civil authority of any personsubject to this chapter who is on active state duty or on duty status otherthan active state duty and accused of an offense against civil authority shallbe governed by section 124A-18. [L 1982, c 171, pt of §2; gen ch 1985]