Missouri Statute | Act | Code |Military Affairs And Police| US Code - US Statute

1. As used in sections 40.005 to 40.490, unless the context
clearly otherwise requires:

(1) "Accuser" means a person who signs and swears to charges, any person
who directs that charges nominally be signed and sworn to by another, and
any person who has an interest other than an official interest in the
prosecution of the accused;

(2) "Active state duty" means:

(a) Inactive duty training and active duty for training to include all
duty and training performed under Title 32, United States Code Sections
316, 502, 503, 504, and 505, Title 37 United States Code Section 206,
301, 309, 402, or 1002, to wit: unit training assemblies and split unit
training assemblies; equivalent training in lieu of unit training
assemblies; aerial flight duty; training or duty such as additional
training assemblies, additional training or other duty without pay;
full-time training or other full-time duty; detail of rifle instructors
for civilians; participation in training and encampments, maneuvers,
outdoor target practice, or other exercises, and other duty or training
performed under Title 32 U.S.C. 502(f), either with or without pay;
participation in encampments, maneuvers, outdoor target practice, or
other exercises for field or coast-defense instruction, independently of,
or in connection with, the army; attendance at active component schools,
conducting or attending National Guard schools, or participation in small
arms competition; and attendance at service schools and routine practical
instruction while attached to an active component; including travel to
and from such duties; and

(b) When ordered to active state duty by the governor under authority
vested in the governor by law, including travel to and from such duty;

(3) "Commanding officer" includes only commissioned officers;

(4) "Convening authority" includes, in addition to the person who
convened the court, a commissioned officer commanding for the time being,
or a successor in command;

(5) "Costs" include service fees, witness fees, mileage, depositions, and
costs of confinement as those costs are enumerated in section 40.480 and
as provided by law;

(6) "Duty status" includes active state duty and any other type of state
military duty, including travel to and from such duty;

(7) "Enlisted member" means any person serving in an enlisted grade;

(8) "Grade" means a step or degree, in a graduated scale of office or
military rank, that is established and designated as a grade by law or
regulation;

(9) "Hostile force" means enemy, rioters, looters, dissidents, and others
opposing or interfering with law and order;

(10) "Military" refers to any or all of the armed forces;

(11) "Military court" means a court-martial or a court of inquiry;

(12) "Military judge" means an official of a general or special
court-martial detailed in accordance with section 40.095;

(13) "Officer" means commissioned or warrant officer;

(14) "Rank" means the order of precedence among members of the state
military forces;

(15) "State judge advocate" means the commissioned officer responsible
for supervising the administration of the military justice in the state
military forces, who shall be the military staff judge advocate to the
governor;

(16) "State military forces" means the national guard of this state, as
defined in Sections 101(3) and 109 of Title 32, United States Code, and
any other military force organized under the laws of this state;

(17) "Superior commissioned officer" means a commissioned officer
superior in rank or command.

2. Sections 40.005 to 40.490 apply to all members of the state military
forces who are not in federal service. (L. 1984 H.B. 1035 §§ 1, 2, A.L.
1986 H.B. 1505)

1. Each person subject to sections 40.005 to 40.490 discharged
from the state military forces who is later charged with having
fraudulently obtained a discharge shall be subject to section 40.141,
shall be subject to trial by court-martial on that charge and shall,
after apprehension, be subject to sections 40.005 to 40.490 while in the
custody of the military for that trial. Upon conviction of that charge
such person is subject to trial by court-martial for all offenses under
sections 40.005 to 40.490 committed before the fraudulent discharge.

2. No person who has deserted from the state military forces may be
relieved from amenability to the jurisdiction of sections 40.005 to
40.490 by virtue of a separation from any subsequent period of service.

3. The fact that any person charged with an offense under sections 40.005
to 40.490 is separated from the service while proceedings are pending or
while undergoing sentence shall not affect the jurisdiction of any
court-martial. (L. 1984 H.B. 1035 § 3)

1. Any commissioned officer subject to sections 40.005 to 40.490,
dismissed by order of the governor, may make a written application for
trial by court-martial setting forth, under oath, that he has been
wrongfully dismissed. In such event, the governor, as soon as
practicable, shall convene a general court-martial to try such officer on
the charges on which he was dismissed. A court-martial so convened shall
have jurisdiction to try the dismissed officer on such charge, and he
shall be considered to have waived the right to plead any statute of
limitations applicable to any offense with which he is charged. The
court-martial may, as part of its sentence, adjudge the affirmance of the
dismissal, but if the court-martial acquits the accused or if the
sentence adjudged, as finally approved or affirmed, does not include
dismissal, the adjutant general shall substitute for the dismissal
ordered by the governor a form of discharge authorized for administrative
issue.

2. If the governor fails to convene a general court-martial within six
months from the presentation of an application for trial under this
section, the adjutant general shall substitute for the dismissal ordered
by the governor a form of discharge authorized for administrative issue.

3. If a discharge is substituted for a dismissal under sections 40.005 to
40.490, the governor alone may reappoint the officer to the grade and
rank as that former officer would have attained had the officer not been
dismissed. The reappointment of such a former officer may be made only if
a vacancy is available under applicable tables of organization. All the
time between the dismissal and the reappointment shall be considered as
actual service for all state purposes.

4. If an officer is discharged from the state military forces by
administrative action or by board proceedings under law or is dropped
from the rolls by order of the governor, the officer has no right to
trial under this section. (L. 1984 H.B. 1035 § 4)

1. Sections 40.005 to 40.490 apply throughout this state. Such
sections also apply to all persons otherwise subject to sections 40.005
to 40.490 while they are serving outside the state, and while they are
going to and returning from such service outside the state, in the same
manner and to the same extent as if they were serving inside the state.

2. Courts-martial and courts of inquiry may be convened and held in units
of the state military forces while those units are serving outside the
state with the same jurisdiction and powers as to persons subject to
sections 40.005 to 40.490 as if the proceedings were held inside the
state, and offenses committed outside the state may be tried and punished
either inside or outside the state. (L. 1984 H.B. 1035 § 5)

1. The adjutant general shall appoint a judge advocate officer of
the state military forces as state judge advocate. To be eligible for
appointment, such officer shall have been a member of the Missouri Bar
for at least five years, and shall have satisfactorily completed all
educational requirements for active military service as a field grade
judge advocate general corps officer or air national guard equivalent.

2. The adjutant general may appoint as many assistant state judge
advocates as he considers necessary. To be eligible for appointment,
assistant state judge advocates must be officers of the state military
forces and members of the Missouri Bar.

3. The state judge advocate or his assistants shall make inspections in
the field in supervision of the administration of military justice.

4. Convening authorities shall at all times communicate directly with
their staff judge advocates or legal officer in matters relating to the
administration of military justice; and the staff judge advocate or legal
officer of any command is entitled to communicate directly with the staff
judge advocate or legal officer of a superior or subordinate command, or
with the state judge advocate.

5. No person who has acted as member, military judge, trial counsel,
assistant trial counsel, defense counsel, assistant defense counsel, or
investigating officer, or who has been a witness for either the
prosecution or defense, in any case may later act as staff judge advocate
or legal officer to any reviewing authority upon the same case. (L. 1984
H.B. 1035 § 6)

1. "Apprehension" is the taking of a person subject to sections
40.005 to 40.490 into custody.

2. Any person authorized by sections 40.005 to 40.490 or by regulations
issued under those sections, to apprehend persons subject to sections
40.005 to 40.490, any marshal of a court-martial appointed pursuant to
the provisions of sections 40.005 to 40.490, and any peace officer
authorized to do so by law, may do so upon reasonable belief that an
offense under sections 40.005 to 40.490 has been committed and that the
person apprehended committed it.

3. Commissioned officers, warrant officers, and noncommissioned officers
have authority to quell quarrels, frays, and disorders among persons
subject to sections 40.005 to 40.490 and to apprehend persons subject to
sections 40.005 to 40.490 who take part therein. (L. 1984 H.B. 1035 § 7)

Any civil officer having authority to apprehend offenders under
the laws of the United States or of a state, territory, commonwealth, or
possession, or the District of Columbia, or any military officer subject
to sections 40.005 to 40.490 who has been authorized by the governor by
regulation may summarily apprehend any person subject to sections 40.005
to 40.490 who is absent without leave from the state military forces and
deliver him into the custody of the state military forces. If an offender
is apprehended outside the state, his return to the area must be in
accordance with normal extradition procedures or reciprocal agreement.
(L. 1984 H.B. 1035 § 8)

1. "Arrest" is the restraint of a person by an order, not imposed
as a punishment for an offense, directing the person to remain within
certain specified limits. "Confinement" is the physical restraint of a
person.

2. An enlisted member may be ordered into arrest or confinement by any
commissioned officer by an order, oral or written, delivered in person or
through other persons subject to sections 40.005 to 40.490 or through any
person authorized by sections 40.005 to 40.490 to apprehend persons. A
commanding officer may authorize warrant officers or noncommissioned
officers to order enlisted members of his command or subject to his
authority into arrest or confinement.

3. A commissioned officer or warrant officer may be ordered apprehended
or into arrest or confinement only by a commanding officer to whose
authority he is subject, by an order, oral or written, delivered in
person or by another commissioned officer. The authority to order such
persons apprehended or into arrest or confinement may not be delegated.

4. No person may be ordered apprehended or into arrest or confinement
except upon probable cause, and a written record of the facts and
circumstances upon which probable cause was made shall be kept.

5. This section does not limit the authority of persons authorized to
apprehend offenders to secure the custody of an alleged offender until
proper authority may be notified. (L. 1984 H.B. 1035 § 9, A.L. 1986 H.B.
1505)

1. Any person subject to sections 40.005 to 40.490 charged with
an offense under sections 40.005 to 40.490 may be ordered into arrest or
confinement, as circumstances may require; but when charged only with an
offense normally tried by a summary court-martial, such person shall not
ordinarily be placed in confinement. When any person subject to sections
40.005 to 40.490 is placed in arrest or confinement prior to trial,
immediate steps shall be taken to inform the person of the specific wrong
of which he is accused and to try him or to dismiss the charges and
release him.

2. The convening authority of any court-martial shall have the power to
issue warrants of apprehension directed to the sheriff or police officer
within the proper county to apprehend persons subject to sections 40.005
to 40.490 charged with an offense under sections 40.005 to 40.490 and to
deliver such persons into the custody of the state military forces.

3. In cases where the unit of which the accused is a member is not in a
status of active state duty or engaged in annual field training, such
accused, if apprehended or ordered into confinement prior to or during
trial by a military court, may be admitted to bail by the officer
exercising special court-martial jurisdiction over him or by a superior
commanding officer, or the adjutant general. (L. 1984 H.B. 1035 § 10)

Persons confined other than in a military institution, whether
before, during or after trial by a military court, shall be confined in
municipal, county or state confinement facilities designated by the
governor or by such person as the governor may authorize to act. (L. 1984
H.B. 1035 § 11)

1. No provost marshal, commander of a guard, warden, keeper, or
officer of a city or county jail or any other jail, penitentiary, or
prison designated under section 40.035 may refuse to receive or keep any
prisoner committed to his charge, when the committing person furnishes a
statement, signed by him, of the offense charged against the prisoner.

2. Every commander of a guard, warden, keeper, or officer of a city or
county jail or of any other jail, penitentiary, or prison designated
under section 40.035, to whose charge a prisoner is committed shall,
within twenty-four hours after that commitment or as soon as he is
relieved from guard, report to the commanding officer of the prisoner the
name of the prisoner, the offense charged against the prisoner, and the
name of the person who ordered or authorized the commitment. (L. 1984
H.B. 1035 § 12)

Subject to section 40.180, no person, while being held for trial
or the result of trial, may be subjected to punishment or penalty other
than arrest or confinement upon the charges pending against him, nor
shall the arrest or confinement imposed upon the person be any more
rigorous than the circumstances require to insure his presence, but the
person may be subjected to the same treatment and discipline as persons
confined under the authority of this state or its political subdivisions.
(L. 1984 H.B. 1035 § 13)

1. Under such regulations as may be prescribed under sections
40.005 to 40.490, a person subject to sections 40.005 to 40.490 who is on
active state duty who is accused of an offense against civil authority
may be delivered, upon request, to the civil authority for trial.

2. When delivery under this section is made to any civil authority of a
person undergoing sentence of a court-martial and the delivery, if
followed by conviction in a civil tribunal, interrupts the execution of
the sentence of the court-martial, and the offender, after having
answered to the civil authorities for the offense, shall, upon the
request of competent military authority, be returned to military custody
for the completion of such sentence of the court-martial. (L. 1984 H.B.
1035 § 14, A.L. 1986 H.B. 1505)

1. Under such regulations as the governor may prescribe, any
commanding officer may, in addition to or in lieu of admonition or
reprimand, impose one of the following disciplinary punishments for minor
offenses without the intervention of a court-martial:

(1) Upon an officer of his command:

(a) Withholding of privileges for not more than two consecutive weeks;

(b) Restriction to certain specified limits, with or without suspension
from duty, for not more than two consecutive weeks; or

(c) If imposed by the governor, the adjutant general, or the commanding
officer of a division, wing, brigade, battalion, group, or similar
organization, a fine or forfeiture of pay and allowances of not more than
one hundred fifty dollars;

(2) Upon other military personnel of his command:

(a) Withholding of privileges for not more than two consecutive weeks;

(b) Restriction to certain specified limits, with or without suspension
from duty, for not more than two consecutive weeks;

(c) Extra duties for not more than fourteen days, which need not be
consecutive, and for not more than two hours per day, holidays included;

(d) Reduction to next inferior grade if the grade from which demoted was
established by the command or an equivalent or lower command; or

(e) If imposed by an officer exercising special court-martial
jurisdiction over the offender, a fine or forfeiture of pay and
allowances of not more than fifty dollars.

2. The governor may, by regulation, place limitations on the powers
granted by this section with respect to the kind and amount of punishment
authorized and the categories of commanding officers authorized to
exercise those powers.

3. An officer in charge may, for minor offenses, impose on enlisted
members assigned to the unit or element of which the officer is in
charge, such of the punishments authorized to be imposed by commanding
officers as the governor may by regulation specifically prescribe, as
provided in subsections 1 and 2 of this section.

4. Except where punishment has been imposed by the governor, a person
punished under this section who considers his punishment unjust or
disproportionate to the offense may, through the proper channel, appeal
to the next superior authority. The appeal shall be promptly forwarded
and decided, but the person punished may in the meantime be required to
undergo the punishment adjudged. The officer who imposes the punishment,
his successor in command, and superior authority may suspend, set aside,
or remit any part or amount of the punishment and restore all rights,
privileges and property affected.

5. The imposition and enforcement of disciplinary punishment under this
section for any act or omission is not a bar to trial by court-martial
for a serious crime or offense growing out of the same act or omission,
and not properly punishable under this section; but the fact that a
disciplinary punishment has been enforced may be shown by the accused
upon trial, and when so shown shall be considered in determining the
measure of punishment to be adjudged in the event of a finding of guilty.

6. Whenever a punishment of forfeiture of pay and allowances is imposed
under this section, the forfeiture may apply to pay or allowances
accruing on or after the date that punishment is imposed and to any pay
and allowances accrued before that date.

7. Any punishment authorized by this section which is measured in terms
of days shall, when served in a status other than annual field training,
be construed to mean succeeding active service days. (L. 1984 H.B. 1035 §
15, A.L. 1991 S.B. 358)

Effective 6-12-91

1. The three kinds of courts-martial in the state military forces
are:

(1) General courts-martial, consisting of:

(a) A military judge and not less than twelve members; or

(b) Only a military judge, if before the court is assembled the accused,
knowing the identity of the military judge and after consultation with
defense counsel, requests in writing a court composed only of a military
judge and the military judge approves;

(2) Special courts-martial, consisting of:

(a) Not less than twelve members;

(b) A military judge and not less than twelve members; or

(c) Only a military judge, if one has been detailed to the court, and the
accused under the same conditions as those prescribed in paragraph (b) of
subdivision (1) of this subsection so requests;

(3) Summary courts-martial, consisting of one commissioned officer.

2. The army national guard and the air national guard each has
court-martial jurisdiction over all persons subject to sections 40.005 to
40.490. The exercise of jurisdiction by the army national guard over air
guard personnel, or the air national guard over army guard personnel
shall be in accordance with regulations prescribed by the governor. (L.
1984 H.B. 1035 § 16)

General courts-martial have jurisdiction to try persons subject
to sections 40.005 to 40.490 for any offense made punishable by sections
40.005 to 40.490 and may, under such limitations as the governor may
prescribe, adjudge any of the following punishments:

(1) A fine of not more than two hundred dollars, or confinement not more
than three months, or both;

(2) Forfeiture of pay and allowances for a period not exceeding six
months;

(3) A reprimand;

(4) Dismissal, dishonorable or bad conduct discharge;

(5) Reduction of a noncommissioned officer to any lower enlisted grade; or

(6) Any combination of these punishments; and

(7) Costs. (L. 1984 H.B. 1035 § 17, A.L. 1986 H.B. 1505)

Special courts-martial shall have jurisdiction to try persons
subject to sections 40.005 to 40.490, except commissioned officers for
any offense made punishable by sections 40.005 to 40.490 and may, under
such limitations as the governor may prescribe, adjudge any of the
following punishments:

(1) A fine of not more than one hundred dollars;

(2) Forfeiture of pay and allowances for a period not exceeding six
months;

(3) A reprimand;

(4) Reduction of a noncommissioned officer to any lower enlisted grade;

(5) A bad conduct discharge; or

(6) Any combination of these punishments; and

(7) Costs. (L. 1984 H.B. 1035 § 18, A.L. 1986 H.B. 1505)

1. Summary courts-martial have jurisdiction to try enlisted
persons subject to sections 40.005 to 40.490 for any offense made
punishable by sections 40.005 to 40.490 and may, under such limitations
as the governor may prescribe, adjudge any of the following punishments:

(1) A fine of not more than twenty-five dollars for a single offense;

(2) A forfeiture of pay and allowances for no more than two-thirds of one
month's pay; or

(3) Reduction to the next lower grade; and

(4) Costs.

2. No person with respect to whom summary courts-martial have
jurisdiction may be brought to trial before a summary court-martial if he
objects thereto. If objection to trial by summary court-martial is made
by an accused, trial shall be ordered by special or general court-martial
as may be appropriate. (L. 1984 H.B. 1035 § 19, A.L. 1986 H.B. 1505)

A dishonorable discharge, bad conduct discharge, punitive
discharge or dismissal may not be adjudged by any court-martial unless a
complete written record of the proceedings and testimony before the court
has been made, nor shall such sentence be executed until approved by the
governor. (L. 1984 H.B. 1035 § 20)

Subject to the limitations of sections 40.055 to 40.065, a
court-martial may, instead of imposing a fine, sentence to confinement
for not more than one day for each dollar of the authorized fine. (L.
1984 H.B. 1035 § 21)

The jurisdiction of a court-martial is limited to the trial of
persons accused of military offenses as described in sections 40.005 to
40.490. Persons subject to sections 40.005 to 40.490 who are accused of
offenses cognizable by the civil courts of this state or any other state
where the military forces are present in that state may, upon accusation,
be promptly surrendered to civil authorities for disposition, urgencies
of the service considered. If the person is accused of both a military
offense under sections 40.005 to 40.490 and a civil offense by the civil
authorities, the person shall be released to the civil authorities if the
crime for which he is accused by the civil authorities carries a penalty
in excess of the maximum penalty provided by sections 40.005 to 40.490.
(L. 1984 H.B. 1035 § 22)

1. General courts-martial may be convened by any of the following:

(1) The governor;

(2) The adjutant general;

(3) The commanding officer of a division, a separate brigade, or a
separate wing;

(4) Any other commanding officer in any of the state military forces when
empowered by the governor.

2. When any such commanding officer is an accuser, the court shall be
convened by superior competent authority, and may in any case be convened
by such authority when deemed desirable by such authority. (L. 1984 H.B.
1035 § 23)

In the state military forces any person authorized to convene a
general court-martial, the commanding officer of a garrison, fort, post,
camp, station, air base, auxiliary air base, or other place where troops
are on duty, or of a brigade, regiment, wing, group, separate battalion,
separate squadron, or other detached command, may convene special
courts-martial. When any such officer is an accuser, the court shall be
convened by superior competent authority and may, in any case, be
convened by such authority when deemed advisable by him. (L. 1984 H.B.
1035 § 24)

1. In the state military forces any person authorized to convene
a general or special court-martial, the commanding officer of a garrison,
fort, post, camp, station, air base, auxiliary air base, or other place
where troops are on duty, or of a brigade, regiment, wing, group,
separate battalion, separate squadron, or other detached command, may
convene a summary court-martial.

2. When only one commissioned officer is present with a command or
detachment he shall be the summary court-martial of that command or
detachment and shall hear and determine all summary court-martial cases
brought before him. Summary courts-martial may, however, be convened in
any case by superior competent authority when considered desirable by
him. (L. 1984 H.B. 1035 § 25)

1. Any commissioned officer of or on duty with the state military
forces is eligible to serve on all courts-martial for the trial of any
person who may lawfully be brought before such courts for trial.

2. Any warrant officer of or on duty with the state military forces is
eligible to serve on general and special courts-martial for the trial of
any person, other than a commissioned officer, who may lawfully be
brought before such court for trial.

3. (1) Any enlisted member of the state military forces who is not a
member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member who may
lawfully be brought before such courts for trial, but he shall serve as a
member of court only if before the conclusion of a session called by the
military judge under section 40.130 prior to trial or, in the absence of
such a session, before the court is assembled for the trial of the
accused, the accused personally has requested in writing that enlisted
members serve on it. After such a request, the accused may not be tried
by a general or special court-martial the membership of which does not
include enlisted members in a number comprising at least one-half of the
total membership of the court, unless eligible members cannot be obtained
on account of physical conditions or military exigencies. If such members
cannot be obtained, the court may be convened and the trial held without
them, but the convening authority shall make a detailed written
statement, to be appended to the record, stating why they could not be
obtained.

(2) In this section, the word "unit" means any regularly organized body
of the state military forces not larger than a company, a squadron, or a
corresponding body.

4. (1) No person subject to sections 40.005 to 40.490 may be tried by a
court-martial any member of which is junior to such person in rank or
grade.

(2) When convening a court-martial, the convening authority shall detail
as members thereof such members as, in his opinion, are best qualified
for the duty by reason of age, education, training, experience, length of
service, and judicial temperament. No member is eligible to serve as a
member of a general or special court-martial when he is the accuser or a
witness for the prosecution or has acted as investigating officer or as
counsel in the same case. (L. 1984 H.B. 1035 § 26)

1. The authority convening a general or special court-martial
shall detail a military judge thereto. A military judge shall preside
over each open session of the court-martial to which the judge had been
detailed.

2. A military judge shall be a commissioned officer of the national guard
or a retired officer of the reserve components of the armed forces of the
United States, shall be a member of the Missouri Bar and shall be
certified to be qualified for such duty by the state judge advocate. The
state judge advocate may recommend to the adjutant general that the
adjutant general order to active duty retired personnel of the United
States armed forces who are qualified to act as military judges.

3. No person is eligible to act as military judge in a case if the person
is the accuser or a witness for the prosecution or has acted as
investigation officer or a counsel in the same case.

4. Neither the convening authority nor any member of his staff shall
prepare or review any report concerning the effectiveness, fitness or
efficiency of a military judge which relates to the judge's performance
of duty as such. A commissioned officer who is certified to be qualified
for duty as a military judge of a court-martial may perform such duties
only when he is assigned and directly responsible to the state judge
advocate and may perform duties of a judicial or nonjudicial nature other
than those relating to the primary duty as a military judge of a
court-martial when such duties are assigned to him by or with the
approval of the state judge advocate. The military judge of a
court-martial may not consult with the members of the court on the form
of the findings, except in the presence of the accused, trial counsel,
and defense counsel, nor may the judge vote with the members of the
court. (L. 1984 H.B. 1035 § 27)

1. For each general and special court-martial the authority
convening the court shall detail trial counsel and defense counsel, and
such assistants as he considers appropriate. No person who has acted as
investigating officer, military judge, or court member in any case shall
act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant defense counsel
in the same case. No person who has acted for the prosecution shall act
later in the same case for the defense, nor shall any person who has
acted for the defense act later in the same case for the prosecution.

2. Trial counsel or defense counsel detailed for a court-martial:

(1) Must be an officer of the military forces, who is a graduate of an
accredited law school and a member of the Missouri Bar, or must be a
member of the bar of a federal court or of the highest court of a state;
and

(2) Must be certified as competent to perform such duties by the state
judge advocate. (L. 1984 H.B. 1035 § 28)

Under such regulations as the governor may prescribe, the
convening authority of a general or special court-martial or court of
inquiry shall detail or employ qualified court reporters, who shall
record the proceedings of and testimony taken before that court. Under
like regulations, the convening authority of a military court may detail
or employ interpreters who shall interpret for the court. (L. 1984 H.B.
1035 § 29)

1. No member of a general or special court-martial shall be
absent or excused after court has been assembled for the trial of the
accused except for physical disability or as the result of a challenge or
by order of the convening authority for good cause.

2. Whenever a general court-martial, other than one composed of a
military judge only, is reduced below twelve members, the trial shall not
proceed unless the convening authority details new members sufficient in
number to provide not less than twelve members. When the new members have
been sworn, the trial may proceed after the recorded testimony of each
witness previously examined has been read to the court in the presence of
the military judge, the accused, and counsel for both sides.

3. Whenever a special court-martial is reduced below twelve members, the
trial shall not proceed unless the convening authority appoints new
members sufficient in number to provide not less than twelve members.
When such new members have been sworn, the trial shall proceed with the
new members present as if no evidence has previously been introduced at
the trial, unless a verbatim record of the evidence previously introduced
before the member of the court or a stipulation thereof is read to the
court in the presence of the military judge, if any, the accused, and
counsel for both sides.

4. If the military judge of a court-martial composed of a military judge
only is unable to proceed with the trial because of physical disability,
as a result of a challenge, or for other good cause, the trial shall
proceed, subject to any applicable conditions of section 40.050, after
the detail of a new military judge as if no evidence had previously been
introduced, unless a verbatim record of the evidence previously
introduced or a stipulation thereof is read in court in the presence of
the new military judge, the accused, and counsel for both sides. (L. 1984
H.B. 1035 § 30)

1. Charges and specifications shall constitute an information and
shall be signed by a person subject to sections 40.005 to 40.490 under
oath before a person authorized by sections 40.005 to 40.490 to
administer oaths and shall state:

(1) That the signer has personal knowledge of, or has investigated, the
matters set forth therein; and

(2) That they are true in fact to the best of his knowledge and belief.

2. Upon the preferring of charges, the proper authority shall take
immediate steps to determine what disposition should be made thereof in
the interest of justice and discipline, and the person accused shall be
informed of the charges against him as soon as practicable. (L. 1984 H.B.
1035 § 31, A.L. 1986 H.B. 1505)

1. No person subject to sections 40.005 to 40.490 shall compel
any person to incriminate himself or to answer any question, the answer
to which may tend to incriminate the person.

2. No person subject to sections 40.005 to 40.490 shall interrogate or
request any statement from an accused or a person suspected of an offense
without first informing him of the nature of the accusation and advising
him that he does not have to make any statement regarding the offense of
which he is accused or suspected, that any statement made by him can and
will be used as evidence against him in a trial by court-martial, that he
has a right to consult with a lawyer, and that he has a right to have a
lawyer present during questioning, as well as other constitutional
safeguards provided for an accused person or a person suspected of an
offense.

3. No person subject to sections 40.005 to 40.490 shall compel any person
to make a statement or produce evidence before any military tribunal if
the statement or evidence is not material to the issue and may tend to
degrade the person.

4. No statement obtained from any person in violation of this section, or
through the use of coercion, unlawful influence or unlawful inducement
shall be received in evidence against the person in a trial by
court-martial.

5. The requirements of this section are binding on all persons
administering sections 40.005 to 40.490 but failure to follow them does
not divest a military court of jurisdiction. (L. 1984 H.B. 1035 § 32)

1. No charge or specification may be referred to a general
court-martial for trial until a thorough and impartial investigation of
all the matters set forth therein has been made. This investigation shall
include inquiry as to the truth of the matter set forth in the charges,
consideration of the form of charges, and a recommendation as to the
disposition which should be made of the case in the interest of justice
and discipline.

2. The accused shall be advised of the charges against him and of the
right to be represented at that investigation by counsel. Upon the
accused's own request he shall be represented by civilian counsel if
provided by the accused, or military counsel of the accused's own
selection if such counsel is reasonably available, or by counsel detailed
by the state judge advocate. At that investigation full opportunity shall
be given to the accused to cross-examine witnesses against the accused if
they are available and to present anything the accused may desire in his
own behalf, either in defense or mitigation, and the investigating
officer shall examine available witnesses requested by the accused. If
the charges are forwarded after the investigation, they shall be
accompanied by a statement of the substance of the testimony taken on
both sides and a copy thereof shall be given to the accused.

3. If an investigation of the subject matter of an offense has been
conducted before the accused is charged with the offense, and if the
accused was present at the investigation and afforded the opportunities
for representation, cross-examination, and presentation prescribed in
subsection 2 of this section, no further investigation of that charge is
necessary under this section unless it is demanded by the accused after
he is informed of the charge. A demand for further investigation entitles
the accused to recall witnesses for further cross-examination and to
offer any new evidence in his own behalf.

4. The requirements of this section are binding on all persons
administering sections 40.005 to 40.490 but failure to follow them does
not divest a military court of jurisdiction. (L. 1984 H.B. 1035 § 33)

When a person is held for trial by general court-martial the
commanding officer shall, within eight days after the accused is ordered
into arrest or confinement, if practicable, forward the charges, together
with the investigation and allied papers, to the officer exercising
general court-martial jurisdiction. If that is not practicable, the
commanding officer shall report in writing to such officer the reasons
for delay. (L. 1984 H.B. 1035 § 34)

1. Before directing the trial of any charge by general
court-martial, the convening authority shall refer it to the state judge
advocate for consideration and advice. The convening authority may not
refer a charge to a general court-martial for trial unless he has found
that the charge alleges an offense under sections 40.005 to 40.490 and is
warranted by evidence indicated in the report of the investigation.

2. If the charges or specifications are not formally correct or do not
conform to the substance of the evidence contained in the report of the
investigating officer, formal corrections, and such changes in the
charges and specifications as are needed to make them conform to the
evidence shall be made. (L. 1984 H.B. 1035 § 35)

The trial counsel to whom court-martial charges are referred for
trial shall cause to be served upon the accused a copy of the charges
upon which trial is to be had. In time of peace, no person shall, against
his objection, be brought to trial, or be required to participate by
himself or counsel in a session called by the military judge under
section 40.130 in a general court-martial case within a period of five
days after the service of the charges upon him, or in a special
court-martial within a period of three days after the service of the
charges upon him. (L. 1984 H.B. 1035 § 36)

The procedure, including modes of proof, in cases before military
courts and other military tribunals may be prescribed by the governor by
regulations, which shall apply the principles of law and the rules of
evidence generally recognized in the trial of criminal cases in the
courts of this state, but which shall not be contrary to or inconsistent
with sections 40.005 to 40.490. (L. 1984 H.B. 1035 § 37)

1. No authority convening a general, special, or summary
court-martial nor any other commanding officer, or officer serving on the
staff thereof, shall censure, reprimand or admonish the court or any
member, military judge or counsel thereof, with respect to the findings
or sentence adjudged by the court, or with respect to any other exercise
of its or his functions in the conduct of the proceeding. No person
subject to sections 40.005 to 40.490 may attempt to coerce or, by any
unauthorized means, influence the action of a court-martial or any other
military tribunal or any member thereof, in reaching the findings or
sentence in any case, or the action of any convening, approving or
reviewing authority with respect to his judicial acts. The foregoing
provisions shall not apply to:

(1) General instructional or informational courses in military justice,
if such courses are designed solely for the purpose of instructing
members of a command in the substantive and procedural aspects of
courts-martial; or

(2) Statements and instructions given in open court by the military judge
or counsel.

2. In the preparation of an effectiveness, fitness or efficiency report,
or any other report or document used in whole or in part for the purpose
of determining whether a member of the state military forces is qualified
to be advanced in grade or in determining the assignment or transfer of a
member of the state military forces or in determining whether a member of
the state military forces should be retained on duty, no person subject
to sections 40.005 to 40.490 may in preparing any such report:

(1) Consider or evaluate the performance of duty of any such member as a
member, military judge or trial counsel of a court-martial; or

(2) Give a less favorable rating or evaluation of any member of the state
military forces because of the zeal with which such member as defense
counsel represented any accused before a court-martial. This subsection
is not applicable to evaluations made by the state judge advocate of the
performance of personnel under his supervision. (L. 1984 H.B. 1035 § 38)

1. The trial counsel of a general or special court-martial shall
prosecute in the name of the state of Missouri and shall, under the
direction of the court, prepare the record of the proceedings.

2. The accused has the right to be represented in his defense before a
general or special court-martial by civilian counsel if provided by the
accused, or by military counsel of his own selection if reasonably
available, or by the defense counsel detailed under section 40.098.
Should the accused have counsel of his own selection, the defense
counsel, and assistant defense counsel, if any, who were detailed, shall,
if the accused so desires, act as the accused's associate counsel;
otherwise they shall be excused by the military judge.

3. In every court-martial proceeding, the defense counsel may, in the
event of conviction, forward for attachment to the record of proceedings
a brief of such matters the defense counsel feels should be considered in
behalf of the accused on review, including any objection to the contents
of the record which he considers appropriate.

4. An assistant trial counsel of a general court-martial may, under the
direction of the trial counsel or when he is qualified to be a trial
counsel as required by section 40.098, perform any duty imposed by law,
regulation, or the custom of the service upon the trial counsel of the
court. An assistant trial counsel of a special court-martial may perform
any duty of the trial counsel.

5. An assistant defense counsel of a general or special court-martial
may, under the direction of the defense counsel or when he is qualified
to be the defense counsel as required by section 40.098, perform any duty
imposed by law, regulation, or the custom of the service upon counsel for
the accused. (L. 1984 H.B. 1035 § 39)

1. At any time after the service of charges which have been
referred for trial to a court-martial composed of a military judge and
members, the military judge may, subject to section 40.121 call the court
into session without the presence of the members for the purpose of:

(1) Hearing and determining motions raising defenses or objections which
are capable of determination without trial of the issues raised by a plea
of not guilty;

(2) Hearing and ruling upon any matter which may be ruled upon by the
military judge whether or not the matter is appropriate for later
consideration or decision by the members of the court;

(3) Holding the arraignment and receiving the pleas of the accused; and

(4) Performing any other procedural function which may be performed by
the military judge under sections 40.005 to 40.490 or under rules
prescribed pursuant to section 40.124 and which does not require the
presence of the members of the court. These proceedings shall be
conducted in the presence of the accused, the defense counsel, and the
trial counsel and shall be made part of the record.

2. When the members of a court-martial deliberate or vote, only the
members may be present. All other proceedings, including any other
consultation of the members of the court with counsel or the military
judge, shall be made a part of the record and shall be in the presence of
the accused, the defense counsel, the trial counsel, and, in cases in
which a military judge has been detailed to the court, the military
judge. (L. 1984 H.B. 1035 § 40)

A military judge or a summary court may, for reasonable cause,
grant a continuance to any party for such time, and as often, as may
appear to be just. (L. 1984 H.B. 1035 § 41)

1. The military judge and members of a general or special
court-martial may be challenged by the accused or the trial counsel for
cause stated to the court. The military judge shall determine the
relevancy and validity of challenges for cause, and shall not receive a
challenge to more than one person at a time. Challenges by the trial
counsel shall ordinarily be presented and decided before those by the
accused are offered.

2. Each accused and the trial counsel is entitled to two peremptory
challenges, but the military judge may not be challenged except for
cause. (L. 1984 H.B. 1035 § 42)

1. Before performing their respective duties, military judges,
members of general and special courts-martial, trial counsel, assistant
trial counsel, defense counsel, assistant defense counsel, reporters, and
interpreters shall take an oath to perform their duties faithfully. The
form of the oath, the time and place of the taking thereof, the manner of
recording the same, and whether the oath shall be taken for all cases in
which these duties are to be performed or for a particular case, shall be
as prescribed in regulations of the governor. These regulations may
provide that an oath to perform faithfully duties as a military judge,
trial counsel, assistant trial counsel, defense counsel, or assistant
defense counsel may be taken at any time by any judge advocate or other
person certified to be qualified or competent for the duty, and if such
an oath is taken it need not again be taken at the time the judge
advocate or other person is detailed to that duty.

2. Each witness before a military court shall be examined on oath or
affirmation. (L. 1984 H.B. 1035 § 43)

1. A person charged with sedition, mutiny, or aiding a hostile
force, or desertion or absence without leave in time of war may be tried
and punished at any time without limitation.

2. Except as otherwise provided in this section, a person charged with
desertion in time of peace or with the offense punishable under section
40.398 is not liable to be tried by court-martial if the offense was
committed more than three years before the receipt of sworn charges and
specifications by an officer exercising summary court-martial
jurisdiction over the command.

3. Except as otherwise provided in this section, a person charged with
any offense is not liable to be tried by court-martial or punished under
section 40.043 if the offense was committed more than two years before
the receipt of sworn charges and specifications by an officer exercising
summary court-martial jurisdiction over the command or before the
imposition of punishment under section 40.043.

4. Periods in which the accused was absent from territory in which the
state has the authority to apprehend him, or in the custody of civil
authorities, or in the hands of a hostile force, shall be excluded in
computing the period of limitation prescribed in this section. (L. 1984
H.B. 1035 § 44)

1. No person subject to sections 40.005 to 40.490 shall, without
his consent, be tried a second time for the same offense in a military
court convened under sections 40.005 to 40.490. Prosecution under
sections 40.005 to 40.490 shall not bar prosecution by civil authorities
for a crime or offense growing out of the same act or omission committed
in violation of the laws of the civil jurisdiction, unless prohibited by
res judicata or double jeopardy.

2. No proceeding in which an accused has been found guilty by a
court-martial upon any charge or specification is a trial in the sense of
this section until the finding of guilty has become final after review of
the case has been fully completed. However, a proceeding which, after the
introduction of evidence but before a finding, is dismissed or terminated
by the convening authority, or on motion of the prosecution for failure
of available evidence or witnesses without any fault of the accused, is a
trial in the sense of this section. (L. 1984 H.B. 1035 § 45)

1. A plea of not guilty shall be entered in the record, and the
court shall proceed as though the accused had pleaded not guilty, if
after arraignment before a court-martial:

(1) An accused makes an irregular pleading;

(2) After a plea of guilty an accused sets up a matter inconsistent with
the plea;

(3) It appears that an accused has entered a plea of guilty improvidently
or through lack of understanding of its meaning or effect; or

(4) An accused fails or refuses to plead.

2. With respect to any charge or specification to which a plea of guilty
has been made by the accused and accepted by the military judge or
summary court, a finding of guilty of the charge or specification may be
entered immediately without vote. This finding shall constitute the
finding of the court unless the plea of guilty is withdrawn prior to the
announcement of the sentence, in which event the proceedings shall
continue as though the accused had pleaded not guilty. (L. 1984 H.B. 1035
§ 46)

1. The trial counsel, the defense counsel, and the court-martial
shall have equal opportunity to obtain witnesses and other evidence in
accordance with such regulations as the governor may prescribe.

2. Process issued in court-martial cases to compel witnesses to appear
and testify and to compel the production of other evidence shall be
similar to that which the courts of this state having criminal
jurisdiction may lawfully issue and shall run to any part of the state
and to any other state or territory, district or possession in which the
court-martial may be sitting. (L. 1984 H.B. 1035 § 47)

1. Any person not subject to sections 40.005 to 40.490 is guilty
of a class C misdemeanor who:

(1) Has been duly subpoenaed to appear as a witness or to produce books
and records before a military court or before any military or civil
officer designated to take a deposition to be read in evidence before
such a court;

(2) Has been duly paid or tendered the fees and mileage of a witness at
the rates allowed to witnesses attending the circuit courts of this
state; and

(3) Willfully neglects or refuses to appear, or refuses to qualify as a
witness or to testify or to produce any evidence which that person may
have been legally subpoenaed to produce.

2. Upon the certification of the facts under subsection 1 of this section
by the military judge or summary court officer to the prosecuting
attorney of the county where the offense occurred, the prosecuting
attorney shall prosecute. (L. 1984 H.B. 1035 § 48)

1. A military court may punish for contempt any person subject to
sections 40.005 to 40.490 who uses any menacing word, sign, or gesture in
its presence, or who disturbs its proceedings by any riot or disorder.
Such punishment may not exceed confinement for thirty days or a fine of
one hundred dollars, or both.

2. Any person other than a member of the national guard who shall resort
to disorderly, contemptuous or insolent behavior in, or use any insulting
or indecorous language or expressions to or before, any military court,
or any member of either of such courts, in open court, to interrupt the
proceedings or to impair the authority of such courts, shall be guilty of
a class C misdemeanor and may be arrested by the order of the president
of the court, and at once delivered to the civil authorities for
prosecution as provided in subsection 2 of section 40.153. (L. 1984 H.B.
1035 § 49)

1. At any time after charges have been signed, as provided in
section 40.108, any party may take oral or written depositions unless the
military judge or an authority competent to convene a court-martial for
the trial of those charges forbids it for good cause. If a deposition is
to be taken before charges are referred for trial, such an authority
shall designate commissioned officers to represent the prosecution and
the defense and may authorize those officers to take the deposition of
any witness.

2. The party at whose instance a deposition is to be taken shall give to
every other party reasonable written notice of the time and place for
taking the deposition.

3. Depositions may be taken before and authenticated by any military or
civil officer authorized by the laws of this state or by the laws of the
place where the deposition is taken to administer oaths.

4. A duly authenticated deposition taken upon reasonable notice to the
other parties, so far as otherwise admissible under the rules of
evidence, may be read in evidence before any court-martial or in any
proceeding before a court of inquiry, if it appears:

(1) That the witness is dead; or

(2) That the witness is out of the state and the witness' appearance
cannot be obtained, unless it appears that the absence of the witness was
procured by the party offering the deposition; or

(3) That the witness is unable to attend or testify because of sickness,
infirmity, imprisonment, military necessity, age, or nonamenability to
process, or other reasonable cause; or

(4) That the party offering the deposition has been unable to procure the
attendance of the witness by subpoena or other process. (L. 1984 H.B.
1035 § 50)

1. In any case not extending to the dismissal of a commissioned
officer, the sworn testimony, contained in the duly authenticated record
of proceedings of a court of inquiry, of a person whose oral testimony
cannot be obtained, may, if otherwise admissible under the rules of
evidence, be read in evidence by any party before a court-martial if the
accused was a party before the court of inquiry and if the same issue was
involved or if the accused consents to the introduction of such evidence.

2. Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer.

3. Such testimony may also be read in evidence before a court of inquiry
or a military board. (L. 1984 H.B. 1035 § 51)

1. Voting by members of a general or special court-martial on the
findings and on the sentence shall be by secret written ballot. The
junior member of the court shall in each case count the votes. The count
shall be checked by the president, who shall forthwith announce the
result of the ballot to the members of the court.

2. The military judge and, except for questions of challenge, the
presiding officer of a court-martial without a military judge shall rule
upon all questions of law and all interlocutory questions arising during
the proceedings. Any such ruling made by the military judge upon any
question of law or any interlocutory question other than the factual
issue of mental responsibility of the accused, or by the presiding
officer of a court-martial without a military judge upon any question of
law other than a motion for a finding of not guilty, constitutes the
ruling of the court.

3. Before a vote is taken on the findings, the military judge shall in
the presence of the accused and counsel, instruct the members of the
court as to the elements of the offense and charge them:

(1) That the accused must be presumed to be innocent until guilt is
established by legal and competent evidence beyond reasonable doubt;

(2) That in the case being considered, if there is a reasonable doubt as
to the guilt of the accused, the doubt must be resolved in favor of the
accused and he must be acquitted;

(3) That, if there is a reasonable doubt as to the degree of guilt, the
finding must be in a lower degree as to which there is no reasonable
doubt; and

(4) That the burden of proof of establishing the guilt of the accused
beyond reasonable doubt is upon the prosecution.

4. Subsections 1, 2, and 3 of this section do not apply to a
court-martial composed of a military judge only. The military judge of
such a court-martial shall determine all questions of law and fact
arising during the proceedings and, if the accused is convicted, adjudge
and impose appropriate sentence. The military judge of such a
court-martial shall make a general finding and shall in addition on
request find the facts specially. If an opinion or memorandum of decision
is filed, it will be sufficient if the findings of fact appear therein.
(L. 1984 H.B. 1035 § 52)

1. No person may be convicted of an offense, except by the
concurrence of all of the members present at the time the vote is taken
unless such person enters a guilty plea.

2. All sentences shall be determined by the concurrence of all of the
members present at the time that the vote is taken.

3. All other questions to be decided by the members of a general
court-martial shall be determined by a majority vote, but a determination
to reconsider a finding of guilty or to reconsider a sentence with a view
toward decreasing it may be made by a lesser vote which indicates a
different result would be obtained. A tie vote on a challenge
disqualifies the member challenged. (L. 1984 H.B. 1035 § 53)

A court-martial shall announce its findings and sentence to the
parties as soon as determined. (L. 1984 H.B. 1035 § 54)

1. Each general court-martial shall keep a separate record of the
proceedings of the trial of each case brought before it and the record
shall be authenticated by the signature of the military judge. If the
record cannot be authenticated by the military judge by reason of the
judge's death, disability, or absence, it shall be authenticated by the
signature of the trial counsel or by a member of the court-martial if the
trial counsel is unable to authenticate it by reason of his death,
disability, or absence. If the proceedings have resulted in an acquittal
of all charges and specifications or in a sentence not including
discharge and not in excess of that which may otherwise be adjudged by a
special court-martial, the record need not contain a verbatim account of
the proceedings and testimony before the court, but shall contain such
matters as the governor may by regulation prescribe.

2. Each special and summary courts-martial shall keep a separate record
of the proceedings in each case, which record shall contain such matter
and shall be authenticated in such manner as the governor may by
regulation prescribe.

3. A copy of the record of the proceedings of each general and special
court-martial shall be given to the accused as soon as it is
authenticated. If a verbatim record of trial by general court-martial is
not required by subsection l of this section, but has been made, the
accused may buy such a record under such regulations as the governor may
prescribe. (L. 1984 H.B. 1035 § 55)

Punishment by flogging, or by branding, or marking or tattooing
on the body, or any other cruel or unusual punishment, may not be
adjudged by any court-martial or inflicted upon any person subject to
sections 40.005 to 40.490. The use of irons, single or double, except for
the purpose of safe custody, is prohibited. (L. 1984 H.B. 1035 § 56)

The punishment which a court-martial may direct for any offense
may not exceed such limits as the governor may prescribe for that offense
subject to the limits prescribed by sections 40.005 to 40.490. (L. 1984
H.B. 1035 § 57)

1. Whenever a sentence of a court-martial as lawfully adjudged
and approved includes a forfeiture of pay or allowances in addition to
confinement not suspended or deferred, the forfeiture may apply to pay or
allowances accrued before that date.

2. Any period of confinement included in a sentence of a court-martial
begins to run from the date the sentence is adjudged by the court-martial
but periods during which the sentence to confinement is suspended or
deferred shall be excluded in computing the service of the term of
confinement. Regulations prescribed by the governor may provide that
sentences of confinement may not be executed until approved by designated
officers.

3. All other sentences of courts-martial are effective on the date
ordered executed.

4. On application by an accused who is under sentence to confinement that
has not been ordered executed, the convening authority or, if the accused
is no longer under the convening authority's jurisdiction, the officer
exercising general court-martial jurisdiction over the command to which
the accused is currently assigned, may in sole discretion defer service
of the sentence to confinement. The deferment shall terminate when the
sentence is ordered executed. The deferment may be rescinded at any time
by the officer who granted it or, if the accused is no* longer under the
officer's jurisdiction, by the officer exercising general court-martial
jurisdiction over the command to which the accused is currently assigned.
(L. 1984 H.B. 1035 § 58)

*Word "not" appears in original rolls.

1. A sentence of confinement adjudged by a military court,
whether or not the sentence includes discharge or dismissal, and whether
or not the discharge or dismissal has been executed, may be carried into
execution by confinement in any place of confinement under the control of
any of the forces of the state military forces or in any jail,
penitentiary, or prison designed for the purpose. Persons so confined in
a jail, penitentiary, or prison are subject to the same discipline and
treatment as persons confined or committed to the jail, penitentiary, or
prison by the courts of this state or of any political subdivision.

2. The omission of the words "hard labor" from any sentence or punishment
of a court-martial adjudging confinement does not deprive the authority
executing that sentence or punishment of the power to require hard labor
as a part of the punishment.

3. The keepers, officers, and wardens of city or county jails and of
other jails, penitentiaries, or prisons designated by the governor, or by
such person as the governor may authorize to act under section 40.035,
shall receive persons ordered into confinement before trial and persons
committed to confinement by a military court and shall confine them
according to law. Any such keeper may require payment of a reasonable fee
for so receiving or confining a person to be paid upon requisition of the
office of the adjutant general after confinement. (L. 1984 H.B. 1035 § 59)

Except as provided in section 40.183, a court-martial sentence,
unless suspended, may be ordered executed by the convening authority when
approved by that authority. The convening authority shall approve the
sentence or such part, amount, or commuted form of the sentence as he
sees fit, and may suspend the execution of the sentence as approved by
him. (L. 1984 H.B. 1035 § 60)

After a trial by court-martial the record shall be forwarded to
the convening authority, as reviewing authority, and action thereon may
be taken by the person who convened the court, a commissioned officer
commanding for the time being in the absence of the convening authority,
a successor in command, any officer exercising general court-martial
jurisdiction, or by the governor. (L. 1984 H.B. 1035 § 61)

The convening authority shall refer the record of each general
court-martial to his staff judge advocate or legal officer, who shall
submit his written opinion thereon to the convening authority. If there
is no qualified staff judge advocate or legal officer available, the
state judge advocate shall assign a judge advocate officer for such
purpose. If the final action of the court has resulted in an acquittal of
all charges and specifications, the opinion shall be limited to questions
of jurisdiction. (L. 1984 H.B. 1035 § 62)

1. If a specification before a court-martial has been dismissed
on motion and the ruling does not amount to a finding of not guilty, the
convening authority may return the record to the court for
reconsideration of the ruling and any further appropriate action.

2. Where there is an apparent error or omission in the record or where
the record shows improper or inconsistent action by a court-martial with
respect to a finding or sentence which can be rectified without material
prejudice to the substantial rights of the accused, the convening
authority may return the record to the court for appropriate action. In
no case, however, may the record be returned:

(1) For reconsideration of a finding of not guilty, or a ruling which
amounts to a finding of not guilty;

(2) For reconsideration of a finding of not guilty of any charge, unless
the record shows a finding of guilty under a specification laid under
that charge, which sufficiently alleges a violation of sections 40.005 to
40.490; or

(3) For increasing the severity of the sentence unless the sentence
prescribed for the offense is mandatory. (L. 1984 H.B. 1035 § 63)

1. If the convening authority disapproves the findings and
sentence of a court-martial that authority may, except where there is
lack of sufficient evidence in the record to support the findings, order
a rehearing. In such a case the convening authority shall state the
reasons for disapproval. If he disapproves the findings and sentence and
does not order a rehearing, the convening authority shall dismiss the
charges.

2. Each rehearing shall take place before a court-martial composed of
members not members of the court-martial which first heard the case. Upon
a rehearing the accused shall not be tried for any offense of which he
was found not guilty by the first court-martial, and no sentence in
excess of or more severe than the original sentence may be imposed,
unless the sentence is based upon a finding of guilty of an offense not
considered upon the merits in the original proceedings, or unless the
sentence prescribed for the offense is mandatory. (L. 1984 H.B. 1035 § 64)

In acting on the findings and sentence of a court-martial, the
convening authority may approve only such findings of guilty, and the
sentence or such part or amount of the sentence, as he finds correct in
law and fact and as the convening authority in his discretion determines
should be approved. Unless he indicates otherwise, approval of the
sentence is approval of the findings and sentence. (L. 1984 H.B. 1035 §
65)

1. When the governor has taken final action in a court-martial
case in which he is the convening authority, there shall be no further
review.

2. When a convening authority other than the governor has taken final
action in a general court-martial case, he shall forward the entire
record, including his action thereon and the opinion or opinions of the
staff judge advocate or legal officer, to the state judge advocate.

3. Where the sentence of a special court-martial as approved by the
convening authority includes a bad conduct discharge, whether or not
suspended, the record shall be forwarded to the officer exercising
general court-martial jurisdiction over the command to be reviewed in the
same manner as a record of trial by a general court-martial. If the
sentence as approved by an officer exercising general court-martial
jurisdiction includes a bad conduct discharge, whether or not suspended,
the record shall be forwarded to the state judge advocate.

4. All other special and summary court-martial records shall be reviewed
by a judge advocate of the army national guard or air national guard and
shall be transmitted and disposed of as the adjutant general may
prescribe by regulations. (L. 1984 H.B. 1035 § 66)

Every record of trial by general court-martial in which there has
been a finding of guilty and a sentence, and every record of trial by
special court-martial in which the sentence as approved by an officer
exercising general court-martial jurisdiction includes a bad conduct
discharge, shall be examined in the office of the state judge advocate.
If the state judge advocate so directs, the record shall be reviewed by a
board of review in accordance with section 40.208. (L. 1984 H.B. 1035 §
67)

1. The state judge advocate may constitute one or more boards of
review, each composed of not less than three commissioned officers, each
of whom shall be a member of the Missouri Bar and one of whom shall be a
judge advocate of the army or air national guard.

2. In a case referred to it, the board of review may act only with
respect to the findings and sentence as approved by the convening
authority. It may affirm only such findings of guilty, and the sentence
or such part or amount of the sentence, as it finds correct in law and
fact and determines, on the basis of the entire record, should be
approved. In considering the record it shall have authority to weigh the
evidence, judge the credibility of witnesses, and determine controverted
questions of fact, recognizing that the trial court saw and heard the
witnesses.

3. If the board of review sets aside the findings and sentence, it may,
except where the setting aside is based on lack of sufficient evidence in
the record to support the findings, order a rehearing. If it sets aside
the findings and sentence and does not order a rehearing, it shall order
that the charges be dismissed.

4. The state judge advocate shall, unless there is to be further action
by the governor, instruct the convening authority to take action in
accordance with the decision of the board of review. If the board of
review has ordered a rehearing but the convening authority finds a
rehearing impracticable, he may dismiss the charges.

5. In the event one or more boards of review are constituted in
accordance with this section, the state judge advocate shall prescribe
uniform rules of procedure for proceedings in and before such board or
boards of review. (L. 1984 H.B. 1035 § 68)

1. A finding or sentence of a court-martial may not be held
incorrect on the ground of an error of law unless the error materially
prejudices the substantial rights of the accused.

2. Any reviewing authority with the power to approve or affirm a finding
of guilty may approve or affirm so much of the finding as includes a
lesser included offense. (L. 1984 H.B. 1035 § 69)

Upon review of the record of trial by general court-martial in
which there has been a finding of guilty and a sentence and upon review
of the record of trial by special court-martial in which the sentence as
approved by an officer exercising general court-martial jurisdiction
includes a bad conduct discharge, the accused shall have the right to be
represented before the state judge advocate or the board of review, as
the case may be, by military counsel if requested by him or by civilian
counsel if provided by him. Appellate military counsel shall be a
commissioned officer of the state military forces and shall be a member
of the Missouri Bar. (L. 1984 H.B. 1035 § 70)

1. No sentence extending to the dismissal of a commissioned
officer or dishonorable discharge or bad conduct discharge shall be
executed until approved by the governor. He shall approve the sentence or
such part, amount, or commuted form of the sentence as he sees fit, and
may suspend the execution of the sentence or any part of the sentence, as
approved by him.

2. All other court-martial sentences, unless suspended, may be ordered
executed by the convening authority when approved by him. The convening
authority may suspend the execution of any sentence. (L. 1984 H.B. 1035 §
71)

1. Prior to the vacation of the suspension of a special
court-martial sentence which as approved includes a bad conduct
discharge, or of any general court-martial sentence, the officer having
special court-martial jurisdiction over the probationer shall hold a
hearing on the alleged violation of probation. The probationer shall be
represented at the hearing by counsel if he so desires.

2. The record of the hearing and the recommendation of the officer having
special court-martial jurisdiction shall be forwarded for action to the
officer exercising general court-martial jurisdiction. If he vacates the
suspension, any unexecuted part of the sentence except a dismissal shall
be executed.

3. The suspension of any other sentence may be vacated by any authority
competent to convene, for the command in which the accused is serving or
assigned, a court of the kind that imposed the sentence. (L. 1984 H.B.
1035 § 72)

At any time within two years after approval by the convening
authority of a court-martial sentence which extends to dismissal,
dishonorable or bad conduct discharge, the accused may petition the
governor for a new trial on ground of newly discovered evidence or fraud
on the court-martial. (L. 1984 H.B. 1035 § 73)

1. A convening authority may remit or suspend any part or amount
of the unexecuted part of any sentence, including all uncollected
forfeitures, other than a sentence approved by the governor.

2. The governor may, for good cause, substitute an administrative form of
discharge for a discharge or dismissal executed in accordance with the
sentence of a court-martial. (L. 1984 H.B. 1035 § 74)

1. Under such regulations as the governor may prescribe, all
rights, privileges, and property affected by an executed part of a
court-martial sentence which has been set aside or disapproved, except an
executed dismissal or discharge, shall be restored unless a new trial or
rehearing is ordered and such executed part is included in a sentence
imposed upon a new trial or rehearing.

2. When a previously executed sentence of dishonorable or bad conduct
discharge is not sustained on a new trial, the adjutant general shall
substitute therefor a form of discharge authorized for administrative
issuance unless the accused is to serve out the remainder of his
enlistment.

3. When a previously executed sentence of dismissal is not sustained on a
new trial, the adjutant general shall substitute therefor a form of
discharge authorized for administrative issue, and the commissioned
officer dismissed by that sentence may be reappointed by the governor
alone to such commissioned grade and with such rank as in the opinion of
the governor that former officer would have attained had that officer not
been dismissed. The reappointment of such a former officer may be made if
a position vacancy is available under applicable tables of organization.
All time between the dismissal and reappointment shall be considered as
service for all purposes. (L. 1984 H.B. 1035 § 75)

The proceedings, findings and sentences of court-martial as
reviewed and approved, as required by sections 40.005 to 40.490, and all
dismissals and discharges carried into execution under sentences by
courts-martial following review and approval, as required by sections
40.005 to 40.490, are final and conclusive. Orders publishing the
proceedings of courts-martial and all action taken pursuant to those
proceedings are binding upon all departments, courts, agencies, and
officers of the state subject only to action upon a petition for a new
trial or action by the governor as provided in sections 40.220 and
40.225; provided, however, that nothing in sections 40.005 to 40.490
shall be construed to prevent petition to appropriate state or federal
courts for relief on questions of law. (L. 1984 H.B. 1035 § 76)

Appeals from final decisions in all courts-martial shall be made
pursuant to article V, section 3 of the constitution of this state. (L.
1986 H.B. 1505)

No person may be tried or punished for any offense provided for
in sections 40.237 to 40.415, unless it was committed while the person
was in a duty status. (L. 1984 H.B. 1035 § 77)

Any person subject to sections 40.005 to 40.490 is a "principal"
who:

(1) Commits an offense punishable by sections 40.005 to 40.490, or aids,
abets, counsels, commands, or procures its commission; or

(2) Causes an act to be done which if directly performed by the person
would be punishable by sections 40.005 to 40.490. (L. 1984 H.B. 1035 § 78)

Any person subject to sections 40.005 to 40.490 who, knowing that
an offense punishable by sections 40.005 to 40.490 has been committed,
receives, comforts, or assists the offender in order to hinder or prevent
the offender's apprehension, trial, or punishment shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 79)

An accused may be found guilty of an offense necessarily included
in the offense charged or of an attempt to commit either the offense
charged or an offense necessarily included therein. (L. 1984 H.B. 1035 §
80)

1. An act, done with specific intent to commit an offense under
sections 40.005 to 40.490, amounting to more than mere preparation and
tending, even though failing, to effect its commission, is an attempt to
commit that offense.

2. Any person subject to sections 40.005 to 40.490 who attempts to commit
any offense punishable by sections 40.005 to 40.490 shall be punished as
a court-martial may direct, unless otherwise specifically prescribed.

3. Any person subject to sections 40.005 to 40.490 may be convicted of an
attempt to commit an offense although it appears on the trial that the
offense was consummated. (L. 1984 H.B. 1035 § 81)

Any person subject to sections 40.005 to 40.490 who conspires
with any other person to commit an offense under sections 40.005 to
40.490 shall, if one or more of the conspirators does an act to effect
the object of the conspiracy, be punished as a court-martial may direct.
(L. 1984 H.B. 1035 § 82)

1. Any person subject to sections 40.005 to 40.490 who solicits
or advises another or others to desert in violation of section 40.273 or
mutiny in violation of section 40.307 shall, if the offense solicited or
advised is attempted or committed, be punished with the punishment
provided for the commission of the offense, but, if the offense solicited
or advised is not committed or attempted, the person shall be punished as
a court-martial may direct.

2. Any person subject to sections 40.005 to 40.490 who solicits or
advises another or others to commit an act of misbehavior before a
hostile force in violation of section 40.325 or sedition in violation of
section 40.307 shall, if the offense solicited or advised is committed,
be punished with the punishment provided for the commission of the
offense, but, if the offense solicited or advised is not committed, the
person shall be punished as a court-martial may direct. (L. 1984 H.B.
1035 § 83)

Any person who:

(1) Procures his own enlistment or appointment in the state military
forces by knowingly false representation or deliberate concealment as to
the person's qualifications for that enlistment or appointment and
receives pay or allowances thereunder; or

(2) Procures his own separation from the state military forces by
knowingly false representation or deliberate concealment as to the
person's eligibility for that separation shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 84)

Any person subject to sections 40.005 to 40.490 who effects an
enlistment or appointment in or a separation from the state military
forces of any person who is known to that person to be ineligible for
that enlistment, appointment, or separation because it is prohibited by
law, regulation, or order shall be punished as a court-martial may
direct. (L. 1984 H.B. 1035 § 85)

1. Any member of the state military forces who:

(1) Without authority goes or remains absent from the member's unit,
organization, or place of duty with intent to remain away therefrom
permanently;

(2) Quits his unit, organization or place of duty with intent to avoid
hazardous duty or to shirk important service; or

(3) Without being regularly separated from one of the state military
forces enlists or accepts an appointment in the same or another one of
the state military forces, or in one of the armed forces of the United
States, without fully disclosing the fact is guilty of "desertion".

2. Any commissioned officer of the state military forces who, after
tender of resignation and before notice of its acceptance, quits his post
or proper duties without leave and with intent to remain away therefrom
permanently is guilty of "desertion".

3. Any person found guilty of desertion or attempt to desert shall be
punished as a court-martial may direct. (L. 1984 H.B. 1035 § 86)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who, without authority:

(1) Fails to go to the person's appointed place of duty at the time
prescribed;

(2) Goes from that place; or

(3) Absents himself or remains absent from the person's unit,
organization, or place of duty at which he is required to be at the time
prescribed. (L. 1984 H.B. 1035 § 87)

Any person subject to sections 40.005 to 40.490 who through
neglect or design misses the movement of a ship, aircraft, or unit with
which the person is required in the course of duty to move shall be
punished as a court-martial may direct. (L. 1984 H.B. 1035 § 88)

Any person subject to sections 40.005 to 40.490 who uses
contemptuous words against the President of the United States, Vice
President of the United States, Congress, Secretary of Defense, or a
secretary of a department, the governor of the state of Missouri, the
Missouri general assembly or the adjutant general of the state of
Missouri, the governor or the legislature of any state, territory or
other possession of the United States in which he is on duty or present
shall be punished as a court-martial may direct. (L. 1984 H.B. 1035 § 89)

Any person subject to sections 40.005 to 40.490 who behaves with
disrespect toward his superior commissioned officer shall be punished as
a court-martial may direct. (L. 1984 H.B. 1035 § 90)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who:

(1) Strikes the person's superior commissioned officer or draws or lifts
up any weapon or offers any violence against the superior commissioned
officer while the officer is in the execution of his office; or

(2) Willfully disobeys a lawful command of his superior commissioned
officer. (L. 1984 H.B. 1035 § 91)

Any warrant officer or enlisted member shall be punished as a
court-martial may direct who:

(1) Strikes or assaults a warrant officer, noncommissioned officer or
petty officer, while that officer is in the execution of his office;

(2) Willfully disobeys the lawful order of a warrant officer,
noncommissioned officer, or petty officer; or

(3) Treats with contempt or is disrespectful in language or deportment
toward a warrant officer, noncommissioned officer, or petty officer,
while that officer is in the execution of his office. (L. 1984 H.B. 1035
§ 92)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who:

(1) Violates or fails to obey any lawful general order or regulation;

(2) Having knowledge of any other lawful order issued by a member of the
state military forces which it is the person's duty to obey, fails to
obey the order; or

(3) Is derelict in the performance of his duties. (L. 1984 H.B. 1035 § 93)

Any person subject to sections 40.005 to 40.490 who is guilty of
cruelty toward, or oppression or maltreatment of, any person subject to
his orders shall be punished as a court-martial may direct. (L. 1984 H.B.
1035 § 94)

1. Any person subject to sections 40.005 to 40.490 who:

(1) With intent to usurp or override lawful military authority, refuses,
in concert with any other person, to obey orders or otherwise do his duty
or creates any violence or disturbance is guilty of mutiny;

(2) With intent to cause the overthrow or destruction of lawful civil
authority, creates, in concert with any other person, revolt, violence,
or other disturbance against that authority is guilty of sedition;

(3) Fails to do his utmost to prevent and suppress a mutiny or sedition
being committed in the person's presence, or fails to take all reasonable
means to inform his superior commissioned officer or commanding officer
of a mutiny or sedition which the person knows or has reason to believe
is taking place, is guilty of a failure to suppress or report a mutiny or
sedition.

2. A person who is found guilty of attempted mutiny, mutiny, sedition, or
failure to suppress or report a mutiny or sedition shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 95)

Any person subject to sections 40.005 to 40.490 who resists
apprehension or breaks arrest or who escapes from physical custody,
restraint, or confinement lawfully imposed shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 96)

Any person subject to sections 40.005 to 40.490 who, without
proper authority, releases any prisoner committed to his charge, or who
through neglect or design suffers any such prisoner to escape, shall be
punished as a court-martial may direct. (L. 1984 H.B. 1035 § 97)

Any person subject to sections 40.005 to 40.490 who, except as
provided by law or regulation, apprehends, arrests, restrains, or
confines any person shall be punished as a court-martial may direct. (L.
1984 H.B. 1035 § 98)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who:

(1) Is responsible for unnecessary delay in the disposition of any case
of a person accused of an offense under sections 40.005 to 40.490; or

(2) Knowingly and intentionally fails to enforce or comply with any
provision of sections 40.005 to 40.490 regulating the proceedings before,
during, or after trial of an accused. (L. 1984 H.B 1035 § 99)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who before or in the presence of a hostile
force:

(1) Runs away;

(2) Shamefully abandons, surrenders, or delivers up any command, unit,
place or military property which it is the person's duty to defend;

(3) Through disobedience, neglect, or intentional misconduct endangers
the safety of any such command, unit, place, or military property;

(4) Casts away his arms or ammunition;

(5) Is guilty of cowardly conduct;

(6) Quits his place of duty to plunder or pillage;

(7) Causes false alarms in any command, unit, or place under control of
the armed forces of the United States or the state military forces;

(8) Willfully fails to do his utmost to encounter, engage, capture, or
destroy any hostile force, combatants, vessels, aircraft, or any other
thing, which it is the person's duty so to encounter, engage, capture, or
destroy; or

(9) Does not afford all practicable relief and assistance to any troops,
combatants, vessels, or aircraft of the armed forces belonging to the
United States or their allies, to this state or to any other state, when
engaged in battle or suppression of civil disorders. (L. 1984 H.B. 1035 §
100)

Any person subject to sections 40.005 to 40.490 who compels or
attempts to compel a commander of any place, vessel, aircraft, or other
military property, or of any body of members of this state's or any other
state's military forces to give it up to an enemy or to abandon it, or
who strikes the colors or flag to an enemy without proper authority,
shall be punished as a court-martial may direct. (L. 1984 H.B. 1035 § 101)

Any person subject to sections 40.005 to 40.490 who discloses the
parole or countersign to any person not entitled to receive it, or who
gives to another who is entitled to receive and use the parole or
countersign a different parole or countersign from that which, to the
person's knowledge, he was authorized and required to give, shall be
punished as a court-martial may direct. (L. 1984 H.B. 1035 § 102)

Any person subject to sections 40.005 to 40.490 who forces a
safeguard shall be punished as a court-martial may direct. (L. 1984 H.B.
1035 § 103)

1. All persons subject to sections 40.005 to 40.490 shall secure
all public property taken from the hostile force for the service of the
United States, or the state of Missouri, and shall give notice and turn
over to the proper authority without delay all captured or abandoned
property in their possession, custody, or control.

2. Any person subject to sections 40.005 to 40.490 shall be punished as a
court-martial may direct who:

(1) Fails to carry out the duties prescribed in subsection 1 of this
section;

(2) Buys, sells, trades, or in any way deals in or disposes of captured
or abandoned property, whereby that person receives or expects any
profit, benefit, or advantage to himself or another directly or
indirectly connected with himself; or

(3) Engages in looting or pillaging. (L. 1984 H.B. 1035 § 104)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who:

(1) Aids, or attempts to aid the hostile force with arms, ammunition,
supplies, money, or other things; or

(2) Without proper authority, knowingly harbors or protects or gives
intelligence to, or communicates or corresponds with or holds any
intercourse with the hostile force, either directly or indirectly. (L.
1984 H.B. 1035 § 105)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who, while in the hands of a hostile force
in time of war or civil disturbance:

(1) For the purpose of securing favorable treatment by the person's
captors, acts without proper authority in a manner contrary to law,
custom, or regulation, to the detriment of others of whatever nationality
held by a hostile force as civilian or military prisoners; or

(2) While in a position of authority over such persons maltreats them
without justifiable cause. (L. 1984 H.B. 1035 § 106)

Any person subject to sections 40.005 to 40.490 who, with intent
to deceive, signs any false record, return, regulation, order, or other
official document, knowing it to be false, or makes any other false
official statement knowing it to be false, shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 107)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who, without proper authority:

(1) Sells or otherwise disposes of;

(2) Willfully or through neglect damages, destroys, or loses; or

(3) Willfully or through neglect suffers to be damaged, destroyed, sold,
or wrongfully disposed any military property of the United States or of
this state. (L. 1984 H.B. 1035 § 108)

Any person subject to sections 40.005 to 40.490 who, while in a
duty status, willfully or recklessly wastes, spoils, or otherwise
willfully and wrongfully destroys or damages any property other than
military property of the United States or of this state shall be punished
as a court-martial may direct. (L. 1984 H.B. 1035 § 109)

1. Any person subject to sections 40.005 to 40.490 who willfully
and wrongfully hazards or suffers to be hazarded any vessel of the armed
forces of the United States or of the state military forces shall be
punished as a court-martial may direct.

2. Any person subject to sections 40.005 to 40.490 who negligently
hazards or suffers to be hazarded any vessel of the armed forces of the
United States or of the state military forces shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 110)

Any person subject to sections 40.005 to 40.490 who is found
drunk, under the influence of any intoxicant, narcotic, barbiturate or
somnifacient or similar substance, on duty or sleeping upon his post, or
who leaves that post before he is regularly relieved, shall be punished
as a court-martial may direct. (L. 1984 H.B. 1035 § 111)

Any person subject to sections 40.005 to 40.490 who fights or
promotes, or is concerned in or connives at fighting a duel, or who,
having knowledge of a challenge sent or about to be sent, fails to report
the fact promptly to the proper authority, shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 112)

Any person subject to sections 40.005 to 40.490 shall be punished
as a court-martial may direct who for the purpose of avoiding work, duty
or service in the state military forces:

(1) Feigns illness, physical disablement, mental lapse or derangement; or

(2) Intentionally inflicts self-injury. (L. 1984 H.B. 1035 § 113)

Any person subject to sections 40.005 to 40.490 who causes or
participates in any riot or breach of the peace shall be punished as a
court-martial may direct. (L. 1984 H.B. 1035 § 114)

Any person subject to sections 40.005 to 40.490 who uses
provoking or reproachful words or gestures constituting an immediate
threat to violence toward any other person subject to sections 40.005 to
40.490 shall be punished as a court-martial may direct. (L. 1984 H.B.
1035 § 115)

Any person subject to sections 40.005 to 40.490 who in a judicial
proceeding or in a course of justice conducted under sections 40.005 to
40.495 and section 545.010, RSMo, willfully and corruptly gives, upon a
lawful oath or in any form allowed by law to be substituted for an oath,
any false testimony material to the issue or matter of inquiry is guilty
of perjury and shall be punished as a court-martial may direct. (L. 1984
H.B. 1035 § 116, A.L. 1986 H.B. 1505)

Any person subject to sections 40.005 to 40.490 shall, upon
conviction, be punished as a court-martial may direct:

(1) Who, knowing it to be false or fraudulent:

(a) Makes any claim against the United States, this state, or any officer
thereof; or

(b) Presents to any person in the civil or military service thereof, for
approval or payment any claim against the United States, this state or
any officer thereof;

(2) Who, for the purpose of obtaining the approval, allowance, or payment
of any claim against the United States, this state, or any officer
thereof:

(a) Makes or uses any writing or other paper knowing it to contain any
false or fraudulent statements;

(b) Makes any oath to any fact or to any writing or other paper knowing
the oath to be false; or

(c) Forges or counterfeits any signature upon any writing or other paper,
or uses any such signature knowing it to be forged or counterfeited; or

(3) Who, having charge, possession, custody, or control of any money, or
other property of the United States or this state, furnished or intended
for the armed forces of the United States or the state military forces,
knowingly delivers to any person having authority to receive it, any
amount thereof less than that for which the person receives a certificate
or receipt; or

(4) Who, being authorized to make or deliver any paper certifying the
receipt of any property of the United States or this state, furnished or
intended for the armed forces of the United States or the state military
forces, makes or delivers to any person such writing without having full
knowledge of the truth of the statements therein contained and with
intent to defraud the United States or this state. (L. 1984 H.B. 1035 §
117)

1. Any person subject to sections 40.005 to 40.490 who wrongfully
takes, obtains, or withholds, by any means, from the possession of the
owner or of any other person any money, personal property, or article of
value of any kind:

(1) With intent permanently to deprive or defraud another person of the
use and benefit of property or to appropriate it to his own use or the
use of any person other than the owner, steals that property and is
guilty of larceny; or

(2) With intent temporarily to deprive or defraud another person of the
use and benefit of property or to appropriate it to his own use or the
use of any person other than the owner, is guilty of wrongful
appropriation.

2. Any person found guilty of larceny or wrongful appropriation shall be
punished as a court-martial may direct. (L. 1984 H.B. 1035 § 118)

Any commissioned officer who is convicted of conduct unbecoming
an officer and a gentleman shall be punished as a court-martial may
direct. (L. 1984 H.B. 1035 § 119)

Though not specifically mentioned in sections 40.005 to 40.490,
all disorders and neglects to the prejudice of good order and discipline
in the state military forces, and all conduct of a nature to bring
discredit upon the state military forces, of which persons subject to
sections 40.005 to 40.490 may be guilty, shall be taken cognizance of by
a general, special, or summary court-martial, according to the nature and
degree of the offense, and shall be punished at the discretion of that
court. However, cognizance may not be taken of, and jurisdiction may not
be extended to, the crimes of murder, manslaughter, rape, robbery,
maiming, sodomy, arson, extortion, assault, burglary, housebreaking, or
other offenses not included in this section, jurisdiction of which is
reserved to civil courts. (L. 1984 H.B. 1035 § 120)

If any person shall knowingly and willfully purchase, or receive
in pawn or pledge any military property of the state of Missouri or of
the United States in use by the state of Missouri, he shall be punished
as a court-martial may direct. (L. 1984 H.B. 1035 § 121)

1. Courts of inquiry to investigate any matter may be convened by
the governor or by any other person designated by the governor for that
purpose, whether or not the persons involved have requested such an
inquiry.

2. A court of inquiry consists of three or more commissioned officers.
For each court of inquiry the convening authority shall also appoint
counsel for the court.

3. Any person subject to sections 40.005 to 40.490 whose conduct is
subject to inquiry shall be designated as a party. Any person subject to
sections 40.005 to 40.490 or employed in the division of military affairs
who has a direct interest in the subject of inquiry has the right to be
designated as a party upon request to the court. Any person designated as
a party shall be given due notice and has the right to be present, to be
represented by counsel, to cross-examine witnesses, and to introduce
evidence.

4. Members of a court of inquiry may be challenged by a party, but only
for cause stated to the court.

5. The members, counsel, the reporter, and interpreters of courts of
inquiry shall take an oath or affirmation to faithfully perform their
duties.

6. Witnesses may be summoned to appear and testify and be examined before
courts of inquiry, as provided for courts-martial.

7. Courts of inquiry shall make findings of fact but may not express
opinions or make recommendations unless required to do so by the
convening authority.

8. Each court of inquiry shall keep a record of its proceedings, which
shall be authenticated by the signatures of the president and counsel for
the court and forwarded to the convening authority. If the record cannot
be authenticated by the president, it shall be signed by a member in lieu
of the president. If the record cannot be authenticated by the counsel
for the court, it shall be signed by a member in lieu of the counsel. (L.
1984 H.B. 1035 § 122)

1. The following members of the state military forces may
administer oaths for the purposes of military administration, including
military justice:

(1) The state judge advocate and all assistant state judge advocates;

(2) All summary courts-martial;

(3) All adjutants, assistant adjutants, acting adjutants, and personnel
adjutants;

(4) All staff judge advocates and legal officers;

(5) All other persons designated by law or regulation.

2. The following persons in the state military forces shall have
authority to administer oaths necessary in the performance of their
duties:

(1) The president, military judge, trial counsel, and assistant trial
counsel for all general and special courts-martial;

(2) The president and the counsel for the court of any court of inquiry;

(3) All officers designated to take a deposition;

(4) All persons detailed to conduct an investigation;

(5) All other persons designated by law or regulation.

3. The signature without seal of any such person, together with the title
of his office, is prima facie evidence of his authority. (L. 1984 H.B.
1035 § 123)

Subsection 2 of section 40.005, sections 40.007, 40.020 to
40.040, 40.043, 40.090, 40.098, 40.126, 40.175, 40.234 to 40.415 and
40.430 to 40.440, as well as those required sections of the United States
code of military justice, shall be carefully explained to every enlisted
member at the time of the member's enlistment or transfer or induction
into the state military forces or within thirty days thereafter. They
shall also be explained to each unit of the state military forces as the
adjutant general may direct. A complete text of sections 40.005 to 40.490
and of the regulations prescribed by the governor thereunder shall be
made available to any member of the state military forces, upon the
member's request, for his personal examination. (L. 1984 H.B. 1035 § 124)

Any member of the state military forces who believes himself
wronged by the member's commanding officer, and who, upon due application
to that commanding officer, is refused redress, may complain to any
superior commissioned officer, who shall forward the complaint to the
governor or adjutant general, who shall examine such complaint and take
proper measures for redressing the wrong. (L. 1984 H.B. 1035 § 125)

1. Whenever complaint is made to any commanding officer that
willful damage has been done to the property of any person or that the
person's property has been wrongfully taken by members of the state
military forces, the person may, subject to such regulations as the
governor may prescribe, convene a board to investigate the complaint. The
board shall consist of from one to three commissioned officers and, for
the purpose of that investigation, it has power to summon witnesses and
examine them upon oath or affirmation, to receive depositions or other
documentary evidence, and to assess the damages sustained against the
responsible parties. The assessment of damages made by the board is
subject to the approval of the commanding officer, and in the amount
approved by the commanding officer shall be charged against the pay of
the offenders. The order of the commanding officer directing charges
herein authorized is conclusive, except as provided in subsection 3 of
this section, on any disbursing officer for the payment by him to the
injured parties of the damages so assessed and approved.

2. If the offenders cannot be ascertained, but the organization or
detachment to which they belong is known, charges totaling the amount of
damages assessed and approved may be paid to the injured parties from the
funds of the units of the state military forces to which the offenders
belonged.

3. Any person subject to sections 40.005 to 40.490 who is accused of
causing willful damage to property has the right to be represented by
counsel, to summon witnesses in the person's behalf, and to cross-examine
those appearing against him. The accused has the right of appeal to the
next higher commander. (L. 1984 H.B. 1035 § 126)

In the state military forces not in federal service, the
processes and sentences of its courts-martial shall be executed by the
civil officers prescribed by the laws of this state or regulations
adopted under sections 40.005 to 40.490. Fees for serving processes
provided for in sections 40.005 to 40.490 shall be the same as prescribed
by law for similar processes of a civil nature, and shall upon proper
vouchers being filed, be paid by the adjutant general in the usual
manner. (L. 1984 H.B. 1035 § 127)

1. Military courts may issue any process or mandate necessary to
carry into effect their powers. Such a court may issue subpoenas and
subpoenas duces tecum and enforce by attachment attendance of witnesses
and production of books and records, when it is within the state and the
witnesses, books and records sought are also so located.

2. Process and mandates may be issued by summary courts-martial, provost
courts, or the president or military judge of other military courts and
may be directed to and may be executed by the marshals of the military
court or any peace officer and shall be in such form as may be prescribed
by regulations issued under sections 40.005 to 40.490.

3. All officers to whom process or mandates may be so directed shall
execute them and make return of their acts thereunder according to the
requirements of those documents. (L. 1984 H.B. 1035 § 128)

Fines and costs imposed by a military court may be paid to it or
to an officer executing its process. The amount of such a fine may be
noted upon any state roll or account for pay of the delinquent and
deducted from any pay or allowance due or thereafter to become due him,
until the fine is liquidated. Any sum so deducted shall be turned into
the military court which imposed the fine. Any officer collecting a fine
or penalty imposed by a military court upon an officer or enlisted person
shall pay it within thirty days to the judge advocate, who shall transmit
the same to the adjutant general. The adjutant general shall, monthly,
deposit all fines and penalties so received with the state treasurer, to
be credited to the general revenue fund of the state. (L. 1984 H.B. 1035
§ 129)

The neglect or refusal of any sheriff, police officer, jail
warden or magistrate to execute any process, or to make proper return of
all fines and penalties collected, or to receive in custody any prisoner,
shall be deemed a class C misdemeanor and shall subject the offender to a
prosecution by the proper prosecuting attorney. (L. 1984 H.B. 1035 § 130)

No person may bring a civil or criminal action or proceeding
against the convening authority or a member of a military court or
officer or person acting under its authority or reviewing its proceedings
because of the approval, imposition, or execution of any sentence or the
imposition or collection of a fine or penalty, or the execution of any
process or mandate of a military court. (L. 1984 H.B. 1035 § 131)

The jurisdiction of the military courts and boards established by
sections 40.005 to 40.490 shall be presumed and the burden of proof rests
on any person seeking to oust those courts or boards of jurisdiction in
any action or proceeding. (L. 1984 H.B. 1035 § 132)

The governor may delegate any authority vested in him under
sections 40.005 to 40.490, and may provide for the subdelegation of any
such authority, except the power given him by section 40.083. (L. 1984
H.B. 1035 § 133)

Sections 40.005 to 40.490 shall be so construed as to effectuate
their general purpose and, so far as practicable, to make the law uniform
with the law of the United States, especially as embodied in the Uniform
Code of Military Justice. (L. 1984 H.B. 1035 § 134)

Military judges, military counsel and members of courts-martial
and courts of inquiry shall be allowed transportation and per diem pay as
per military grade for time actually employed in the duties assigned
them. Transportation shall be furnished to all prosecutors, prisoners,
witnesses, sheriffs and police officers to and from the place or places
designated for the meetings of such courts. The per diem pay for civilian
witnesses shall be the same as in civil courts of law and for military
personnel the amount as provided by law and regulation. The fees of
sheriffs for serving the processes provided for in sections 40.005 to
40.490 shall be the same as prescribed by law for similar processes of a
civil nature and shall, upon proper vouchers being filed, be paid by the
adjutant general in the usual manner. (L. 1984 H.B. 1035 § 135)

Members of the state military forces of this state who are
ordered to active state duty by the governor shall, upon being relieved
from such duty, be entitled to the same reemployment rights provided by
Title 38 of the United States Code, the Revised Statutes of Missouri, and
all amendments thereto. The attorney general shall enforce the
reemployment rights contained in this section for members of the state
military forces who are ordered to active state duty by the governor. (L.
1984 H.B. 1035 § 136, A.L. 1995 S.B. 207)

Sections 40.005 to 40.490 and every part thereof are hereby
declared to be independent sections or part of a section, and if any
section, subsection, sentence, clause, or phrase of sections 40.005 to
40.490 shall for any reason be held unconstitutional, the validity of the
remaining sections, subsections, sentences, clauses, or phrases shall not
be affected thereby. (L. 1984 H.B. 1035 § 137)

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