Act 523 of 1980 - MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (32.1001 - 32.1148)
- 523-1980-1 - ARTICLE 1 (32.1001...32.1006)
- Section 32.1001 - Short title.
- Section 32.1002 - Definitions.
- Section 32.1003 - Applicability; convening and holding courts-martial and courts of inquiry out of state; offenses committed out of state; trial and punishment.
- Section 32.1004 - Relieving person from trial by court-martial; limitation; trial by court-martial of person charged with fraudulently obtaining discharge; effect of conviction.
- Section 32.1005 - Application by dismissed officer for trial by court-martial; convening general court-martial; jurisdiction; waiver of right to plead statute of limitations; affirming dismissal; subs
- Section 32.1006 - State judge advocate general and assistants or legal officers; appointment; eligibility; inspections; communications; person acting in court-martial case prohibited from acting as st
- 523-1980-10 - ARTICLE 10 (32.1077...32.1134)
- Section 32.1077 - Person subject to code as principal.
- Section 32.1078 - Receiving, comforting, or assisting offender; punishment.
- Section 32.1079 - Finding accused guilty of offense necessarily included in offense charged or of attempt to commit offense charged or offense necessarily included in offense charged.
- Section 32.1080 - Attempt to commit offense; punishment; conviction of attempt where offense completed.
- Section 32.1081 - Conspiracy; punishment.
- Section 32.1082 - Soliciting or advising another to desert, mutiny, or commit act of misbehavior before enemy or sedition; punishment.
- Section 32.1083 - Procuring enlistment or appointment by means of knowingly false representations or deliberate concealment as to qualifications; receiving pay or allowances; procuring separation by m
- Section 32.1084 - Effecting enlistment, appointment, or separation of person known to be ineligible; punishment.
- Section 32.1085 - Desertion; member of state military forces not prohibited from accepting employment in another state or leaving state in pursuance of vocation, education, or profession; informing co
- Section 32.1086 - Failure to go to, or going or remaining absent from, place of duty; punishment.
- Section 32.1087 - Missing movement of ship, train, bus, motor convoy, vehicle, airplane, or unit; punishment.
- Section 32.1088 - Use of contemptuous words; prohibition; violation.
- Section 32.1089 - Disrespect toward superior commissioned officer; punishment.
- Section 32.1090 - Striking, drawing or lifting up weapon, or offering violence against superior commissioned officer; wilful disobedience of lawful command; punishment.
- Section 32.1091 - Prohibited acts by warrant officer or enlisted person; punishment.
- Section 32.1092 - Violating or failing to obey lawful order, rule, or regulation; dereliction in performance of duties; punishment.
- Section 32.1093 - Cruelty toward or oppression or maltreatment of person subject to person's orders; punishment.
- Section 32.1094 - Mutiny, sedition, or failure to suppress or report mutiny or sedition; punishment.
- Section 32.1095 - Resisting apprehension, breaking arrest, or escaping from custody or confinement; punishment.
- Section 32.1096 - Releasing prisoner or permitting prisoner to escape; punishment.
- Section 32.1097 - Wrongful apprehension, arrest, or confinement of person; punishment.
- Section 32.1098 - Unnecessary delay in disposition of accused person's case; failure to enforce or comply with code provision regulating proceedings before, during, or after trial; punishment.
- Section 32.1099 - Prohibited acts committed before or in presence of enemy, in peacetime emergency, or civil disturbance; punishment.
- Section 32.1100 - Compelling or attempting to compel commander to abandon or give up to enemy place, vessel, aircraft, or property; striking colors or flag to enemy without authority; punishment.
- Section 32.1101 - Disclosure of countersign or giving different countersign during declared state of emergency; punishment.
- Section 32.1102 - Forcing a safeguard; punishment.
- Section 32.1103 - Securing public property taken in performance of duty; giving notice and turning over to proper authority captured or abandoned property; prohibited acts; punishment.
- Section 32.1104 - Aiding or attempting to aid enemy; harboring, protecting, or giving intelligence to, or communicating, corresponding, or holding intercourse with, enemy; punishment.
- Section 32.1105 - Prohibited acts committed while in hands of captor during declared state of emergency or civil disturbance; punishment.
- Section 32.1107 - Signing or making false document or false official statement; punishment.
- Section 32.1108 - Loss, damage, destruction, or unauthorized sale or disposal of military property; punishment.
- Section 32.1109 - Wasting, spoiling, or destroying property; punishment.
- Section 32.1111 - Operation of military vehicle or aircraft while under influence of intoxicating liquor in reckless or wanton manner or without authority; punishment.
- Section 32.1112 - Person found under influence of intoxicating liquor or controlled substance while in uniform or on state military property; punishment.
- Section 32.1113 - Sentinel or guard found under influence of intoxicating liquor or controlled substance or sleeping upon post; leaving post before being relieved; punishment.
- Section 32.1114 - Dueling; failure to report challenge; punishment.
- Section 32.1115 - Feigning illness, physical disablement, mental lapse, or derangement, or intentionally inflicting self-injury to avoid work, duty, or service; punishment.
- Section 32.1116 - Causing or participating in riot or breach of peace; punishment.
- Section 32.1117 - Using provoking or reproachful words or gestures while in duty status; punishment.
- Section 32.1121 - Depriving owner of property or money; larceny; punishment.
- Section 32.1131 - Giving false testimony in a proceeding as perjury; punishment.
- Section 32.1132 - Making false claims; prohibited acts; punishment.
- Section 32.1133 - Conduct unbecoming an officer; conviction; punishment.
- Section 32.1134 - Cognizance by court-martial of a disorder or neglect to prejudice of good order and discipline; punishment.
- 523-1980-11 - ARTICLE 11 (32.1135...32.1148)
- Section 32.1135 - Court of inquiry; convening authority; membership; appointment of counsel; rights of person having direct interest in subject of inquiry; challenges for cause; oath or affirmation; w
- Section 32.1136 - Officers having power to administer oaths; affidavits; signature and title of office as prima facie evidence of officer's authority.
- Section 32.1137 - Sections to be explained to enlisted person; availability of code and rules.
- Section 32.1138 - Complaint to superior officer concerning commanding officer; forwarding complaint to officer exercising general court-martial jurisdiction; examination; redress; transmitting true st
- Section 32.1139 - Complaint to commanding officer concerning wilful damage to, or wrongful taking of, property of person; convening board to investigate complaint; membership and powers of board; asse
- Section 32.1140 - Delegation and subdelegation of authority vested in governor.
- Section 32.1141 - Determining moral character, capacity, and general fitness of officer or warrant officer; efficiency board; unfavorable findings; demanding court of inquiry; adverse finding; dischar
- Section 32.1142 - Action or proceeding not to be prosecuted or maintained against convening authority, member of military court, or officer or person acting under convening authority or reviewing proc
- Section 32.1143 - Jurisdiction of military courts and board; presumption; burden of proof.
- Section 32.1144 - Appointing and removing person or persons to execute or serve process, mandate, or order.
- Section 32.1145 - Issuance of process, mandates, and subpoenas duces tecum; form; enforcement; person to whom directed; execution or service and return; demanding or requiring payment of fee or charge
- Section 32.1146 - Fine; payment; delivery; deduction from pay or allowance due delinquent offender; payment of fine or penalty to state treasurer.
- Section 32.1147 - Rules.
- Section 32.1148 - Repeal of MCL 32.301 to 32.427.
- 523-1980-2 - ARTICLE 2 (32.1007...32.1014)
- Section 32.1007 - Persons authorized to apprehend persons subject to code; fees or charges.
- Section 32.1008 - Apprehension of person charged with violation by civil law enforcement officer.
- Section 32.1009 - "Arrest" defined; arrest by military superior; probable cause; authority to secure custody of alleged offender not limited.
- Section 32.1010 - Arrest or confinement; warrant of arrest; service; place of confinement.
- Section 32.1011 - Refusal to receive or keep prisoner committed; statement; report to commanding officer of prisoner; taking prisoner from pretrial custody of person other than state military forces;
- Section 32.1013 - Bail.
- Section 32.1014 - Trial by court-martial limited to certain violations; delivery of person subject to code to civil authority for trial; conviction in civil tribunal; return to military custody for co
- 523-1980-3 - ARTICLE 3 (32.1015...32.1015)
- 523-1980-4 - ARTICLE 4 (32.1016...32.1021)
- Section 32.1016 - Kinds of courts-martial.
- Section 32.1017 - Attachment of court-martial jurisdiction and trial of accused during period of active state duty.
- Section 32.1018 - General court-martial; jurisdiction; powers of punishment.
- Section 32.1019 - Special court-martial; jurisdiction; powers of punishment.
- Section 32.1020 - Summary court-martial; jurisdiction; objection by accused; sentences.
- Section 32.1021 - Court-martial; sentencing person to confinement instead of imposing fine.
- 523-1980-5 - ARTICLE 5 (32.1022...32.1029)
- Section 32.1022 - General court-martial; convening by order of governor or state adjutant general.
- Section 32.1023 - Special court-martial; convening authority.
- Section 32.1024 - Summary court-martial; convening authority.
- Section 32.1025 - Members for courts-martial; selection; eligibility; qualifications.
- Section 32.1026 - General or special court-martial; military judge.
- Section 32.1027 - General and special court-martial; trial counsel and defense counsel; assistants.
- Section 32.1028 - General or special court-martial; court reporters; interpreters.
- Section 32.1029 - General or special court-martial; members not to be absent or excused after arraignment; exceptions; reduction of membership below specified number; procedure.
- 523-1980-6 - ARTICLE 6 (32.1030...32.1035)
- Section 32.1030 - Preferring charges and specifications; signature; oath; disposition; informing accused of charges.
- Section 32.1031 - Self-incrimination; interrogation of accused or suspect; compelling statement or evidence not material to issue and tending to degrade person; statements obtained from person not to
- Section 32.1032 - Investigation of matters set forth in charge or specification; conduct; formal report; contents; informing accused of rights and other matters; opportunity for cross-examination and
- Section 32.1033 - Officer exercising special court-martial jurisdiction over accused to forward charges to governor; report.
- Section 32.1034 - Convening authority to refer charge to state judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and cha
- Section 32.1035 - Service of charges upon accused; person not to be brought to trial within specified time period.
- 523-1980-7 - ARTICLE 7 (32.1036...32.1054)
- Section 32.1036 - Procedure to conform with code, rules, and manual for courts-martial United States, 1969; rules of evidence.
- Section 32.1037 - Convening authority or commanding officer; censuring, reprimanding, or admonishing court; coercing or influencing by unauthorized means; action of court-martial or member of court-ma
- Section 32.1038 - Duties of trial counsel; right of accused to representation by civilian counsel, military counsel, or defense counsel; associate counsel; conviction; brief; assistant trial counsel a
- Section 32.1039 - Military judge; calling court into session without presence of members; purposes; proceedings to be made part of record and conducted in presence of certain persons.
- Section 32.1040 - Continuances.
- Section 32.1041 - Challenges for cause and peremptory challenges.
- Section 32.1042 - Persons required to take oath or affirmation in presence of accused; examination of witnesses on oath or affirmation.
- Section 32.1043 - Trial and punishment; limitations; computation of time period.
- Section 32.1044 - Trial of accused twice for same offense prohibited.
- Section 32.1045 - Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea.
- Section 32.1046 - Obtaining witnesses and other evidence; equal opportunity; powers of military judge or summary court officer; process issued in court-martial to run to any part of state.
- Section 32.1047 - Offenses against state; compliance with subpoena; attendance, qualification, and testifying as witness; production of evidence; trial; jurisdiction; punishment.
- Section 32.1048 - Military court; contempt power; punishment.
- Section 32.1049 - Depositions.
- Section 32.1050 - Reading in evidence sworn testimony of person whose oral testimony not obtainable; conditions.
- Section 32.1050a - Lack of mental responsibility as affirmative defense.
- Section 32.1051 - Voting by members of court-martial on findings and on sentence; rulings by military judge upon questions of law or interlocutory questions; finality; instructing court as to elements
- Section 32.1052 - Conviction and sentence; concurrence of 2/3 of members present required; determination of questions by majority vote or lesser vote; tie vote.
- Section 32.1053 - Announcement by court-martial of findings and sentence.
- Section 32.1054 - Record of proceedings; authentication; contents; filing original and copies of trial record.
- 523-1980-8 - ARTICLE 8 (32.1055...32.1058)
- Section 32.1055 - Cruel or unusual punishment prohibited; use of irons prohibited; exception.
- Section 32.1056 - Punishment and sentence; limits.
- Section 32.1057 - Sentence; forfeiture of pay or allowances; confinement; effective date; deferring service of sentence to confinement by governor; termination and rescission of deferment.
- Section 32.1058 - Sentence of confinement; execution; discipline and treatment to which imprisoned person subject; omission of words “hard labor” from sentence; duty of keeper or officer in charge of
- 523-1980-9 - ARTICLE 9 (32.1060...32.1075)
- Section 32.1060 - Forwarding record to convening authority as reviewing authority; exception; action on record.
- Section 32.1061 - Referring record to state judge advocate; review and opinion.
- Section 32.1062 - Returning record to court for action; reasons.
- Section 32.1063 - Disapproval by convening authority of findings and sentence; reasons; rehearing; dismissal of charges; sentence.
- Section 32.1064 - Approval by convening authority of findings of guilty and sentence; approval of sentence as approval of findings.
- Section 32.1065 - Finality of action on review of trial record where governor is convening authority; review of trial record by state judge advocate general; opinion; final action; authority of govern
- Section 32.1066 - Final military review of sentence of general court-martial or of sentence to dishonorable discharge by special court-martial; right to counsel; appointment by convening authority; re
- Section 32.1067 - Military appeals tribunal; establishment; location; appointment, reappointment, and terms of members; eligibility; appointment and duties of chairperson; quorum; concurrence necessar
- Section 32.1068 - Appeal from final decision of military appeals tribunal.
- Section 32.1070 - Trial counsel and defense counsel to serve as appellate counsel; right to civilian counsel; disability of defense or trial counsel.
- Section 32.1071 - Execution of sentence; approval; suspension.
- Section 32.1072 - Violation of probation; hearing; representation by counsel; sending record of hearing and recommendation for action to governor or commanding officer of force; vacating suspension of
- Section 32.1073 - Petition for new trial; grounds; time limitation.
- Section 32.1074 - Remitting or suspending part or amount of unexecuted sentence; substituting administrative form of discharge for dishonorable discharge or dismissal.
- Section 32.1075 - Restoration of rights, privileges, and property affected by executed part of court-martial sentence that is set aside or disapproved; exception; substituting administrative form of d