USA Statutes : nevada
Title : Title 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
Chapter : CHAPTER 412 - STATE MILITIA
As used in this chapter, the words and
terms defined in NRS 412.014 to 412.024
, inclusive, shall, unless the context
otherwise requires, have the meaning ascribed to them in such sections.
(Added to NRS by 1967, 1292)
“Office” means the Office of the
Military.
(Added to NRS by 1967, 1292; A 1993, 1598)
“Office regulations”
means regulations issued by the Governor and regulations adopted by the
Office of the Military subject to the approval of the Governor.
(Added to NRS by 1967, 1292; A 1993, 1598)
“Officer” means commissioned or
warrant officer.
(Added to NRS by 1967, 1292)
“Reservists” means members of
the Nevada National Guard Reserve.
(Added to NRS by 1967, 1292)
“Volunteers” means members of
volunteer organizations licensed by the Governor.
(Added to NRS by 1967, 1292)
COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS
1. The militia of the State is composed of the Nevada National
Guard and, when called into active service by the Governor, the Nevada
National Guard Reserve and any volunteer organizations licensed by the
Governor.
2. The Nevada National Guard is an organized body of enlisted
personnel between the ages of 17 and 64 years and commissioned officers
between the ages of 18 and 64 years, divided into the Nevada Army
National Guard and the Nevada Air National Guard.
3. The Nevada National Guard Reserve is an unorganized body
comprising all able-bodied residents of the State between the ages of 17
and 64 years who:
(a) Are not serving in any force of the Nevada National Guard;
(b) Are or have declared their intention to become citizens of the
United States; and
(c) Are not exempted from military duty under the laws of this
state or the United States.
4. If a volunteer organization is formed and becomes licensed by
the Governor, it shall consist of an organized body of able-bodied
residents of the State between the ages of 17 and 64 years who are not
serving in any force of the Nevada National Guard and who are or who have
declared their intention to become citizens of the United States.
(Added to NRS by 1967, 1292; A 1975, 798; 1999, 6 )
In addition to the powers and duties prescribed in this chapter,
all officers of the Nevada National Guard have the same powers and shall
perform the same duties as officers of similar rank and position in the
United States Army or United States Air Force, respectively, insofar as
may be authorized by federal law. They are authorized to administer oaths
in all matters connected with the service.
(Added to NRS by 1967, 1293)
The
Governor is the Commander in Chief of the militia of the State, and may
issue regulations for the government of the militia. In issuing the
regulations, the Governor may give consideration to the laws and
regulations of the United States relating to the organization, discipline
and training of the militia, to the provisions of this chapter and to the
laws and regulations governing the United States Army and United States
Air Force.
(Added to NRS by 1967, 1293; A 1985, 753)
All matters relating to the
organization, discipline and government of the Nevada National Guard not
otherwise provided for in this chapter or in Office regulations must be
decided by the custom and usage of the United States Army or United
States Air Force, respectively.
(Added to NRS by 1967, 1293; A 1993, 1599)
1. The Governor may order the Nevada National Guard or any part
thereof to serve outside the borders of this state or of the United
States in order to perform military duty of every description and to
participate in parades, reviews, conferences, encampments, maneuvers or
other training, and to participate in small arms and other military
competitions and to attend service schools.
2. The provisions of this chapter apply to the members of the
Nevada National Guard while serving without the State and while going to
and returning from such service without the State in like manner and to
the same extent as while serving within the State.
(Added to NRS by 1967, 1293)
ADJUTANT GENERAL
1. The military staff of the Governor consists of the Adjutant
General, not more than two assistant adjutants general and personal
aides-de-camp to the Governor selected from the commissioned officers of
the Nevada National Guard or from reserve officers of the Armed Forces of
the United States who are residents of Nevada and who are not serving on
extended active duty.
2. Officers detailed as personal aides-de-camp under this section
shall not be relieved from their ordinary duties except when actually on
duty with the Governor.
3. The military staff of the Governor shall perform such
ceremonial functions and duties as the Governor may prescribe.
(Added to NRS by 1967, 1293)
1. The Governor shall appoint an Adjutant General who shall hold
office for a 4-year term or until relieved by reason of resignation,
withdrawal of federal recognition or for cause to be determined by a
court-martial. The current term of an Adjutant General shall continue
until its prescribed expiration date while such Adjutant General is
serving in a federal active duty status under an order or call by the
President of the United States.
2. To be eligible for appointment to the office of Adjutant
General, a person must be an officer of the Nevada National Guard,
federally recognized in the grade of lieutenant colonel or higher, and
must have completed at least 6 years’ service in the Nevada National
Guard as a federally recognized officer.
3. The Adjutant General may be appointed in the grade of
lieutenant colonel or higher, but not exceeding that of major general. If
appointed in a lower grade, he may be promoted by the Governor to any
grade not exceeding that of major general.
(Added to NRS by 1967, 1294; A 2001, 945 )
Except
as otherwise provided in NRS 284.143 ,
the Adjutant General shall not hold any city, county, state or federal
office of profit while serving as Adjutant General.
(Added to NRS by 1967, 1294; A 1971, 1435; 1975, 346; 1981, 1279;
1985, 420; 1997, 618)
The Adjutant General shall serve
as the Chief of Staff to the Governor, the Director of the Office of the
Military and the Commander of the Nevada National Guard, and:
1. Is responsible, under the direction of the Governor, for the
supervision of all matters pertaining to the administration, discipline,
mobilization, organization and training of the Nevada National Guard,
Nevada National Guard Reserve and volunteer organizations licensed by the
Governor.
2. Shall perform all duties required of him by the laws of the
United States and of the State of Nevada, and the regulations issued
thereunder.
3. Shall employ such deputies, assistants and other personnel as
he deems necessary to assist him in the performance of those duties
required of him as Director of the Office. He may so employ either
members of the Nevada National Guard or civilian personnel. The duties of
all deputies, assistants and other personnel appointed must be prescribed
by Office regulations. All such employees are in the unclassified service
of the State except civilian, clerical, administrative, maintenance and
custodial employees who are in the classified service of the State.
(Added to NRS by 1967, 1294; A 1985, 421, 754; 1993, 1599)
The Adjutant General:
1. Shall supervise the preparation and submission of all returns
and reports pertaining to the militia of the State required by the United
States.
2. Is the channel of official military correspondence with the
Governor, and, on or before November 1 of each even-numbered year, shall
report to the Governor the transactions, expenditures and condition of
the Nevada National Guard. The report must include the report of the
United States Property and Fiscal Officer.
3. Is the custodian of records of officers and enlisted personnel
and all other records and papers required by law or regulations to be
filed in his office. He may deposit with the Division of State Library
and Archives of the Department of Cultural Affairs for safekeeping
records of his office that are used for historical purposes rather than
the administrative purposes assigned to his office by law.
4. Shall attest all military commissions issued and keep a roll of
all commissioned officers, with dates of commission and all changes
occurring in the commissioned forces.
5. Shall record, authenticate and communicate to units and members
of the militia all orders, instructions and regulations.
6. Shall cause to be procured, printed and circulated to those
concerned all books, blank forms, laws, regulations or other publications
governing the militia necessary to the proper administration, operation
and training of it or to carry out the provisions of this chapter.
7. Shall keep an appropriate seal of office and affix its
impression to all certificates of record issued from his office.
8. Shall render such professional aid and assistance and perform
such military duties, not otherwise assigned, as may be ordered by the
Governor.
(Added to NRS by 1967, 1295; A 1971, 806; 1973, 346; 1975, 799;
1979, 182; 1983, 1304; 1985, 126, 754; 1993, 1599; 2001, 940 )
1. The Adjutant General may appoint two Assistant Adjutants
General, one each from the Nevada Army National Guard and the Nevada Air
National Guard, who may serve as Chief of Staff for Army and Chief of
Staff for Air, respectively, at the pleasure of the Adjutant General or
until relieved by reason of resignation, withdrawal of federal
recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of Assistant
Adjutant General, a person must be an officer of the Nevada National
Guard, federally recognized in the grade of lieutenant colonel or higher,
and must have completed at least 6 years’ service in the Nevada National
Guard as a federally recognized officer, 3 years of which must be
immediately before his appointment.
3. An Assistant Adjutant General may be appointed in the grade of
lieutenant colonel or higher, but not exceeding that of brigadier
general. He may be promoted by the Governor to any grade not exceeding
that of brigadier general.
4. The Assistant Adjutants General shall perform such duties as
may be assigned by the Adjutant General.
5. Whoever serves as Chief of Staff for Army is in the
unclassified service of the State and, except as otherwise provided in
NRS 284.143 , shall not hold any other
city, county, state or federal office of profit.
6. In the event of the absence or inability of the Adjutant
General to perform his duties, he shall designate by Office regulations:
(a) One of the Assistant Adjutants General to perform the duties of
his office as Acting Adjutant General.
(b) If neither Assistant Adjutant General is available, any
national guard officer to be the Acting Adjutant General.
Ê The designated Assistant Adjutant General or designated officer may
continue to receive his authorized salary while so serving as Acting
Adjutant General, and shall so serve until the Adjutant General is again
able to perform the duties of his office, or if the office is vacant,
until an Adjutant General is regularly appointed and qualified.
(Added to NRS by 1967, 1295; A 1971, 1436; 1981, 1279; 1989, 595;
1993, 1600; 1997, 618)
1. If the federally recognized Nevada National Guard, or any
portion thereof, is called or ordered to active federal duty by the
President, and if such call or order includes the Adjutant General and
Assistant Adjutants General, the Governor may appoint an Acting Adjutant
General who shall assume the responsibilities and powers and perform all
duties required of the Adjutant General, and who must be selected from
the federally recognized officers not called or ordered to active duty
and who meet the qualifications established for the appointment of an
Adjutant General, or if no such officer is available, then from the
following:
(a) Inactive or retired officers of the Nevada National Guard.
(b) Army or Air Force officers who are inactive or have retired and
are residents of the State of Nevada.
2. If, on the occurrence of a vacancy in the office of Adjutant
General, there is no qualified and appointed Assistant Adjutant General,
the Governor may designate an Acting Adjutant General who shall assume
temporarily the responsibilities and powers and perform all duties
required of the Adjutant General until such time as an Adjutant General
is regularly appointed and qualified. An Acting Adjutant General
designated under this provision must have the same qualifications as are
required for the appointment of an Adjutant General.
3. The Acting Adjutant General serving under the terms of this
section must be compensated as determined by the Governor, but the amount
must not exceed that authorized for a regularly appointed Adjutant
General.
(Added to NRS by 1967, 1296; A 1989, 596)
1. Upon recommendation of the Adjutant General, the Governor shall
recommend to the Chief of the National Guard Bureau a qualified
commissioned officer of the Nevada National Guard who is also a
commissioned officer of the Army National Guard of the United States or
the Air National Guard of the United States, as the case may be, for
appointment as the United States Property and Fiscal Officer for Nevada.
If the officer is not on active federal duty, the President may order him
to active duty, with his consent, to serve as a Property and Fiscal
Officer as provided in 32 U.S.C. § 708. The United States Property and
Fiscal Officer shall function under the direction of the Adjutant
General, and cooperate fully with National Guard Regulations and Air
National Guard Regulations and the regulations and policies of the
Departments of the Army and Air Force. The United States Property and
Fiscal Officer may serve until 60 years of age if otherwise qualified.
2. As long as the position of the United States Property and
Fiscal Officer is covered by a position schedule bond authorized by the
United States Code, and bonding is automatic upon acceptance of
accountability for property, no further bonding action on the part of the
State or the person appointed is required.
(Added to NRS by 1967, 1296; A 1989, 698)
The
Attorney General, when so requested, shall give the Adjutant General his
opinion upon all legal questions pertaining to the military interests of
the State.
(Added to NRS by 1967, 1297)
OFFICE OF THE MILITARY
1. The Office of the Military is hereby established. The Office,
under the direction of the Governor, shall supervise the military affairs
of the State.
2. The Office shall adopt, subject to the approval of the
Governor, necessary regulations for the organization, government,
armament, equipment, training and compensation of the militia of the
State in conformity with the provisions of this chapter and the laws of
the United States.
3. The Office shall make such changes in the military organization
of the Nevada National Guard as are necessary from time to time to
conform to the requirements of the laws of the United States and the
directives of the National Guard Bureau.
4. The Office shall fix the location of the units and headquarters
of the Nevada National Guard, and shall, subject to the approval of the
National Guard Bureau, transfer, attach, consolidate or inactivate any
organization or unit when in its judgment the efficiency of the present
organization will be increased thereby.
5. The Office may establish and continue awards and decorations
and approve the design therefor, which must conform to the requirements
of the laws of the United States and the directives of the National Guard
Bureau.
(Added to NRS by 1967, 1297; A 1981, 673; 1983, 167; 1993, 1600)
The
enumeration of duties and functions in NRS 412.064 to 412.108 ,
inclusive, shall not be deemed exclusive nor construed as a limitation on
the powers and authorities vested in the Office by other provisions of
law.
(Added to NRS by 1967, 1297; A 1993, 1601)
1. The Office is under the supervision and control of the Adjutant
General, who shall also serve as Director of the Office.
2. The Adjutant General is responsible for the performance of the
duties imposed upon the Office, and for such other duties as may be
prescribed by this chapter or by the Governor.
(Added to NRS by 1967, 1297; A 1993, 1601)
The Adjutant General shall
organize and reorganize the Office as necessary to the accomplishment of
its functions and duties. Such organization or reorganization must be
approved by the Governor before it is carried out.
(Added to NRS by 1967, 1297; A 1993, 1601)
Army and air technicians
are by law federal employees and civilian employees of the United States
Army or the United States Air Force, as determined by their service
assignments. As federal employees, technicians are subject to all civil
service laws and Civil Service Commission and Department of Defense
civilian personnel rules and regulations, and to National Guard Bureau
regulations.
(Added to NRS by 1967, 1298; A 1971, 139)
1. Members of the militia of the State who are ordered to state
active duty under the provisions of this chapter shall be deemed to be
temporary employees of the State.
2. Regular employees of the Office may be ordered to state active
duty under this chapter without jeopardizing their status as regular
employees. Employees so ordered must be in an authorized leave status
from their regular military office employment during the period served on
active duty.
(Added to NRS by 1967, 1298; A 1993, 1601)
Unless otherwise specially provided
in this chapter, the State Controller shall draw warrants on the State
Treasury for all authenticated bills of the Office as approved by the
Adjutant General or the person designated by him, in favor of the persons
to whom the State is indebted for military purposes.
(Added to NRS by 1967, 1298; A 1993, 1601)
The
Adjutant General may accept, receive and receipt for moneys made
available from the Federal Government in connection with any type service
contracts for federal property used by the State. All federal moneys
received by the Adjutant General under this section shall be deposited in
the State Treasury.
(Added to NRS by 1967, 1298)
The moneys received by the Adjutant General from fines imposed by
courts-martial shall be deposited in the State Permanent School Fund and
moneys received from other miscellaneous sources shall be deposited in
the General Fund in the State Treasury.
(Added to NRS by 1967, 1298)
1. The Office shall adopt and provide suitable medals, prizes or
other awards for the promotion of rifle practice by duly organized rifle
clubs of the Nevada State Rifle Association and organizations and members
of the Nevada National Guard.
2. The Adjutant General shall encourage and promote rifle and
pistol practice by Nevada clubs affiliated with the National Rifle
Association of America, and select and appoint representatives from those
clubs to attend the annual national rifle and pistol matches. Not more
than $1,000 of the amount appropriated for the support of the Adjutant
General’s office may be used annually in the purchase of ammunition to be
used by such rifle clubs, which ammunition must be sold at cost plus
transportation charges.
(Added to NRS by 1967, 1298; A 1993, 1601)
ARMORIES; PROPERTY
The word “armory” as used in NRS
412.092 to 412.108 , inclusive, means any building, together with
the grounds upon which it is situated, used for the storage and
maintenance of military property or the training of troops, and in
addition real property acquired or held in contemplation of such use.
(Added to NRS by 1967, 1298)
1. The Office has control of armories and shall prescribe the
regulations governing armories. All state and United States property
must, if possible, be kept in armories and the commanders of troops using
the armories are responsible for the safekeeping and proper care of such
property and its protection against damage, misappropriation or loss.
Armories, while occupied by troops, shall be deemed to be military posts
under the exclusive jurisdiction of the officer commanding the post.
2. Any property licensed or leased to the State by the Federal
Government for military use is under the control of the Office.
(Added to NRS by 1967, 1299; A 1993, 1602)
The Adjutant General may, within the limits of
money appropriated or authorized to be expended, for the support of the
Office, purchase insurance against loss or mysterious disappearance of
equipment or supplies.
(Added to NRS by 1967, 1299; A 1993, 1602)
The construction, expansion, rehabilitation or conversion of
armories and arsenals in this state shall be accomplished by the State
Public Works Board, subject to the inspection and approval of the
Secretary of Defense, as prescribed by 10 U.S.C. § 2237 when federal
funds have been allocated to the State for such work.
(Added to NRS by 1967, 1299; A 1973, 908)
1. The Office shall provide and maintain armories suitable for
conducting drills and the safekeeping of federal military property, with
light, water and heat, for the units of the Nevada National Guard
organized in the several counties of the State.
2. The expenses of procuring and maintaining the armories, and the
monthly allowance to cover incidental expenses which may be incurred by
each unit, must be paid from the appropriation for the support of the
Nevada National Guard.
(Added to NRS by 1967, 1299; A 1985, 755; 1993, 1602)
The
Office may reconvey to any municipal corporation or other political
subdivision of this state any lands that have been or may be conveyed by
such subdivision to the State of Nevada for the use of the Nevada
National Guard when the Office determines that such lands are no longer
necessary for the use of the Nevada National Guard.
(Added to NRS by 1967, 1299; A 1993, 1602)
An armory may be used by a member or
unit of the Nevada National Guard, veterans’ organization, any federal,
state or local governmental entity or any other person, if the use:
1. Does not interfere with the use of the facility by the Nevada
National Guard;
2. Does not result in the risk of:
(a) A breach of the peace;
(b) Harm to persons; or
(c) Harm to state or federal property; and
3. Is in accordance with Office regulations issued pursuant to
this chapter.
(Added to NRS by 1967, 1299; A 1985, 755; 1989, 1103; 1993, 1602)
1. The person or governmental entity applying for the rental of an
armory or space within an armory must execute and deliver a written
agreement which must include among its provisions his or its full name
and address, the purpose for which its use is desired, the nature and
manner of the intended use of the space, a reasonable rental to be paid
for that use and the amounts to be paid for heating, lighting, janitorial
and other services connected with its use. The terms and provisions of
the agreement must be governed by Office regulations issued pursuant to
this chapter, which regulations must include provisions designed to
prevent unfair competition with privately owned property and business.
2. No agreement for use made pursuant to this section is effective
until the agreement or lease has been approved and executed by the
officer in charge of the armory or his authorized representative, and has
been approved by his military superiors as prescribed by Office
regulations issued pursuant to this chapter.
3. No agreement or lease made pursuant to this section may be
assigned in whole or in part nor may space be sublet to or used by a
person or entity not a party to the agreement, unless each assignment,
subletting or use is first approved in writing by the officer in charge
of the armory or his authorized representative.
4. All money paid or given, directly or indirectly, for the rental
of an armory or to obtain an agreement or permission to use the armory
are use fees within the meaning of this section and must be paid to the
officer in charge of the armory or his authorized representative. Any
person other than the officer in charge of the armory or his authorized
representative who receives that money shall immediately pay over the
money to the officer in charge of the armory or his authorized
representative, who shall immediately forward one-half of the money to
the office of the Adjutant General to be placed in an account in the
State General Fund entitled the Adjutant General’s Special Armory
Account, to be used by the Office for necessary repairs and improvements
of state armories and construction of new facilities in the manner
prescribed by Office regulations. The remainder of the money must be
placed in an armory account to be kept by the officer in charge of the
armory or his authorized representative, and used for military activities
and affairs and to further relations with the community in which the
armory is located. These expenditures must be made according to Office
regulations and must be approved by a board of three persons appointed by
the Adjutant General.
5. When the use of an armory is by a federal, state, county or
municipal bureau, agency or department or by any of the Armed Forces of
the United States or any of the reserve components thereof, or by any
unit of the reserve officers training corps, the Adjutant General may
require the execution of a contract or agreement for that use, upon such
terms and conditions as he prescribes.
(Added to NRS by 1967, 1300; A 1973, 551; 1977, 2; 1981, 260; 1985,
756; 1991, 1768; 1993, 1603)
ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS
The ground force of the Nevada
National Guard shall be the Nevada Army National Guard and shall be
composed of the army units which are a part of the Nevada National Guard
on July 1, 1967, and such units as may be authorized thereafter,
including the personnel who are enlisted, appointed or commissioned
therein. No person may be a member of the Nevada Army National Guard who
is not federally recognized as such.
(Added to NRS by 1967, 1301)
The air force of the Nevada
National Guard shall be the Nevada Air National Guard and shall be
composed of the air force units which are a part of the Nevada National
Guard on July 1, 1967, and such units as may be authorized thereafter,
including the personnel who are enlisted, appointed or commissioned
therein. No person may be a member of the Nevada Air National Guard who
is not federally recognized as such.
(Added to NRS by 1967, 1301)
1. The forces of the Nevada National Guard must be organized,
armed, disciplined, governed, administered and trained as prescribed by
applicable federal laws and regulations and Office regulations.
2. It hereby is declared to be the policy of the State that there
must be an equality of treatment and opportunity for all persons in the
Nevada National Guard without regard to race, creed, color, sex or
national origin.
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)
The Nevada
National Guard shall provide for personal privacy as between members of
the opposite sexes.
(Added to NRS by 1979, 241)
Members and units of the Nevada National Guard shall assemble for
training and shall participate in field training periods and active duty
for training periods, maneuvers, schools, conferences or other similar
duties at such times and places as are prescribed therefor by applicable
federal laws and regulations and Office regulations. In addition to these
periods, the commander of any organization may require the officers,
warrant officers and enlisted personnel of his command to meet for
ceremonies, parades or training at such times and places as he may
appoint.
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)
1. The Governor may in case of invasion, disaster, insurrection,
riot, breach of the peace, or imminent danger thereof, or other
substantial threat to life or property, order into active service of the
State for such a period, to such an extent and in such a manner as he
deems necessary all or any part of the Nevada National Guard. The
authority of the Governor includes the power to order the Nevada National
Guard or any part thereof to function under the operational control of
the United States Army, Navy or Air Force commander in charge of the
defense of any area within the State which is invaded or attacked or is
or may be threatened with invasion or attack.
2. In case of the absence of the Governor from the State, or if it
is impossible to communicate immediately with him, the civil officer
making a requisition for troops may, if he deems the necessity imminent
and not admitting of delay, serve a copy of the requisition, together
with a statement of the Governor’s absence or the impossibility of
immediately communicating with him, upon the following officers in this
order:
(a) Lieutenant Governor;
(b) Adjutant General; and
(c) Other officers designated in a chain of command prescribed by
Office regulations.
Ê If the call is afterward disapproved by the Governor, the troops called
into service must be disbanded immediately.
3. The Governor may order into active service of the State for
such a period, to such an extent and in such a manner as he deems
necessary units or individual members of the Nevada National Guard when
in his judgment the services of the units or members are required for:
(a) The furtherance of the organization, maintenance, discipline or
training of the Nevada National Guard;
(b) The welfare of the public; or
(c) Ceremonial functions of the State Government.
4. Whenever any portion of the Nevada National Guard is employed
pursuant to subsection 1, the Governor, if in his judgment the
maintenance of law and order will thereby be promoted, may by
proclamation declare the county or city in which the troops are serving,
or any specified portion thereof, to be under martial law.
(Added to NRS by 1967, 1301; A 1981, 561; 1989, 401; 1993, 1604)
1. A call for any portion of the Nevada National Guard shall be
made by an order issued and directed to the commanding officer of the
unit which is so called into service. The order shall designate the
particular troops called, the time and place of rendezvous, and the
officer to whom they shall report.
2. The order shall be communicated immediately by the officer
receiving it to the troops under his command, and he shall rendezvous and
report for duty at the appointed place and time.
(Added to NRS by 1967, 1303)—(Substituted in revision for NRS
412.132)
1. The Adjutant General, with the approval of the Governor, may
order members of the Nevada National Guard to active duty. Members, while
on active duty, are entitled to receive the pay and allowances of their
corresponding grades in the Armed Forces of the United States, but in no
case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard serving on courts-martial,
courts of inquiry, efficiency boards, medical boards or other special
duty requiring absence from their stations or business under competent
orders may be reimbursed for necessary expenses incurred at the rate
established for state employees by NRS 281.160 .
3. In lieu of other provisions of this chapter, such amounts as
are approved by the Governor may be paid to a medical examiner for his
services and necessary disbursements and to a properly appointed judge
advocate for legal services and necessary disbursements in any suit,
action or proceeding.
4. Members of the Nevada National Guard may not receive from the
State the pay or the pay and allowances provided by this section when
they are eligible for similar pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent
perform without pay or without pay and allowances in parades or
ceremonial events, or any of the types of military duty prescribed in
this chapter pursuant to orders issued by competent military authority.
Necessary traveling expenses, subsistence and per diem allowances may be
furnished the members within the discretion of the Adjutant General and
within the amount appropriated therefor.
6. All pay and allowances provided by this chapter, except per
diem allowances, mileage and expenses while traveling under orders, are
subject to be applied to the payment of penalties and fines imposed by
military courts, and to the payment of any shortage of funds or for
injury to state or federal property for which a member of the Nevada
National Guard is responsible or accountable where the responsibility has
been fixed by competent authority.
(Added to NRS by 1967, 1302; A 1975, 1107; 1981, 1199; 1985, 757)
LICENSED VOLUNTEERS; RESERVISTS
1. The Governor is authorized to issue licenses to bodies of
persons to organize, drill and bear arms as military companies or
organizations.
2. Whenever any such body of persons associate themselves as a
military company or organization and drill with arms under the license of
the Governor, the military company or organization:
(a) Shall file with the Adjutant General annually, or at such time
as the Governor or Adjutant General may designate, a muster roll of such
military company or organization certified by the oath of the commanding
officer thereof. The muster roll shall contain the names, ages,
occupations and places of residence of all members thereof, and the
number and character of all arms in the possession of such organization.
(b) Is subject to inspection by the Adjutant General upon his
request within such time as he shall designate.
3. Each member of such military company or organization shall take
and subscribe to an oath before a person authorized to administer it that
he will support the Constitution of the United States and the
Constitution of the State of Nevada and will obey and maintain all laws
and obey all officers employed in administering those Constitutions and
laws.
(Added to NRS by 1967, 1302; A 1979, 240)
1. Whenever the Governor deems it necessary in time of peace, he
may call all or any part of the Nevada National Guard Reserve or
volunteer organizations licensed by the Governor into active service to
be organized pursuant to Office regulations to augment the Nevada
National Guard as an internal security force.
2. In time of war, the Governor may call all or any part of the
Nevada National Guard Reserve or volunteer organizations licensed by the
Governor into active service to be organized pursuant to Office
regulations to replace the Nevada National Guard as a state force when
the Nevada National Guard is ordered into federal service.
3. Whenever laws of the United States authorize the organization
of such state forces under federal recognition, the Governor or Adjutant
General may promulgate such Office regulations as are necessary to comply
with such federal laws and obtain federal recognition for the force
authorized by this section.
(Added to NRS by 1967, 1303; A 1993, 1605)
1. Reservists and volunteers called out for duty must be mustered
at once into the service of the State for such period as the Governor
directs, not exceeding the limits provided by NRS 412.188 .
2. Except as otherwise expressly provided by Office regulations,
all the military forces must be organized as prescribed for organization
of the Nevada National Guard at the time, and must be officered,
equipped, trained and commanded according to the laws and regulations
governing the Nevada National Guard, as nearly as practicable, and all
laws relating to the Nevada National Guard or to the duties, rights,
privileges or immunities of the members thereof shall apply to and govern
the other military forces and the members thereof, so far as applicable,
but the age limits for initial appointment of officers in the federally
recognized National Guard do not apply to officers of the other military
forces.
3. The pay and allowances of the officers and enlisted personnel
of all branches of the military forces on active duty in the service of
the State must be the same as provided for the Nevada National Guard when
on such duty.
4. The Governor may receive from the Federal Government any arms,
equipment, munitions, supplies and other grants for the use of the
military forces of the State that may be available.
5. The military forces must be uniformed in such manner as the
Governor may prescribe, subject to federal laws or regulations and Office
regulations.
(Added to NRS by 1967, 1303; A 1993, 1605)
Every reservist and volunteer who, being
accepted as a volunteer or drafted, fails without reasonable excuse to
report for muster as lawfully required shall be considered and treated as
a deserter.
(Added to NRS by 1967, 1304)
RIGHTS AND PRIVILEGES OF MEMBERS
When members of the Nevada National Guard are called into
state active duty by the Governor to fight a fire, combat a flood or any
other emergency where members of the Nevada National Guard are performing
as a labor force rather than a military force, they shall receive pay and
allowances equal to that received by the main labor force in the service
of the State or Federal Government.
(Added to NRS by 1967, 1304)
1. An employer may not terminate the employment of a member of the
Nevada National Guard because the member is ordered to active service or
duty pursuant to NRS 412.122 or 412.124
.
2. Any employer who violates subsection 1 is guilty of a
misdemeanor.
3. In addition to any other remedy or penalty, the Labor
Commissioner may impose against the employer an administrative penalty of
not more than $5,000 for each such violation.
(Added to NRS by 1985, 753; A 2003, 800 )
1. Any member of the Nevada National Guard who believes his
employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice
of termination, request a hearing before the Labor Commissioner to
determine if his employment was so terminated.
2. The Office shall supply the member with all forms needed to
request such a hearing. The Labor Commissioner shall conduct the hearing
in the manner provided in NRS 607.205
to 607.220 , inclusive.
(Added to NRS by 1985, 753; A 1993, 1605)
If the employment of a member of the Nevada National
Guard is found to have been terminated as a result of the member being
ordered to active service or duty pursuant to NRS 412.122 or 412.124 ,
the member is entitled to be immediately reinstated to his position
without loss of seniority or benefits, and to receive all wages and
benefits lost as a result of the termination.
(Added to NRS by 1985, 753)
1. Except as otherwise provided in subsection 2:
(a) In all cases in which any member of the militia of the State is
wounded, injured, disabled or killed while in the line of duty in the
service of the State, the member or the dependents of the member are
entitled to receive compensation from the State of Nevada, in accordance
with the provisions of chapters 616A to
616D , inclusive, or chapter 617 of NRS. If that wound, injury or disability is
aggravated or recurs while the member is in the line of duty in the
service of the State, the member or his dependents are also entitled to
receive such compensation.
(b) In all cases, the disabled or deceased member shall be deemed
to be an employee of the State of Nevada. The compensation to be awarded
to the member or to the dependents of the member must be determined upon
the basis of his average income from all sources during the year
immediately preceding the date of his injury or death or the commencement
of his disability, but the compensation must not exceed the maximum
prescribed in chapters 616A to 616D , inclusive, or chapter 617 of NRS.
2. The provisions of this section do not apply to a member of the
militia of the State or any dependents of the member who is receiving or
is entitled to receive compensation or benefits for an injury, wound,
illness, disability or death described in this section pursuant to any
law or regulation of the Federal Government, if:
(a) The federal compensation or benefits arise from military duties
performed pursuant to Title 10 or Title 32 of the United States Code; and
(b) The wound, injury, illness or disability is not an aggravation
or recurrence of a wound, injury, illness or disability that arose from
previous duties performed pursuant to Title 10 or Title 32 of the United
States Code.
(Added to NRS by 1967, 1304; A 1979, 240; 1981, 1527; 1989, 686;
1993, 1606; 1995, 2046, 2516; 1997, 579; 1999, 235 )
1. The Adjutant General may authorize the payment of not more than
100 percent of the consolidated fee each semester for each member of the
active Nevada National Guard who attends one of the universities or state
colleges within the Nevada System of Higher Education as a full-time or
part-time student from money appropriated for this purpose.
2. The Adjutant General may authorize the payment of not more than
100 percent of the credit-hour cost each semester for each member of the
active Nevada National Guard who attends one of the community colleges
within the Nevada System of Higher Education as a full-time or part-time
student from money appropriated for this purpose.
3. To be eligible to receive benefits, a person must be a member
in good standing of the active Nevada National Guard at the beginning of
and throughout the entire semester for which benefits are received.
(Added to NRS by 1973, 687; A 1977, 3; 1983, 537; 1993, 401; 1999,
1978 ; 2005, 366 )
1. The Patriot Relief Account is hereby created as a special
account in the State General Fund.
2. The money in the Patriot Relief Account does not lapse to the
State General Fund at the end of any fiscal year. The interest and income
earned on the money in the Patriot Relief Account, after deducting any
applicable charges, must be credited to the Account. All claims against
the Patriot Relief Account must be paid as other claims against the State
are paid.
3. The Office may accept gifts, grants and donations from any
source for deposit in the Patriot Relief Account.
4. The money in the Patriot Relief Account may only be used to
provide:
(a) Reimbursement to members of the Nevada National Guard for the
cost of:
(1) Premiums on a policy of group life insurance purchased
pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; and
(2) Textbooks required for a course of study in which the
member is enrolled at an institution within the Nevada System of Higher
Education; and
(b) Monetary relief from economic hardships experienced by members
of the Nevada National Guard who have been called into active service.
5. The Adjutant General shall adopt any regulations necessary to
determine eligibility for reimbursement or monetary relief from the
Patriot Relief Account and to carry out a program to provide such
reimbursement and monetary relief.
(Added to NRS by 2005, 2448 )
For all purposes
under this chapter, members of the Nevada National Guard who enter and
serve in the active military service of the United States in time of war
under a call or order by the President or who enter and serve on active
duty in the military service of the United States in time of peace in
their status within the Army National Guard of the United States or Air
National Guard of the United States and who thereafter return to the
military service of the State are entitled to credit for time so served
as if such service had been rendered to the State.
(Added to NRS by 1967, 1304)
Any member of the militia of this state who receives
compensation from the United States as a federally recognized member of
the Nevada National Guard does not hold a lucrative office under the
Government of the United States within the meaning of Section 9 of
Article 4 of the Constitution of the State of Nevada.
(Added to NRS by 1967, 1304; A 1979, 241)
1. The reports and communications of all members of the Nevada
National Guard in the line of their military duty are privileged
communications and shall not be competent evidence against the writer in
any civil or criminal action in the courts of this state.
2. In case any suit or action is brought against any member of the
Nevada National Guard because of such reports or communications, the
Judge Advocate or the Attorney General of this state, or both of them, at
the direction of the Governor, shall appear in behalf of such member and
defend the suit or action without cost to him.
(Added to NRS by 1967, 1305; A 1969, 23)
1. Members of the Nevada National Guard ordered into active
service of the State pursuant to this chapter are not liable civilly or
criminally for any act done by them in the performance of their duty.
When an action or proceeding of any nature is commenced in any court by
any person against any officer of the militia for any act done by him in
his official capacity in the discharge of any duty pursuant to this
chapter, or an alleged omission by him to do an act which it was his duty
to perform, or against any person acting pursuant to the authority or
order of such an officer, or by virtue of any warrant issued by him
pursuant to law, the defendant:
(a) May have counsel of his own selection, with the cost of such
counsel to be borne by the defendant; or
(b) Must be defended by the Attorney General in civil actions and
by the State Judge Advocate in criminal actions, with the cost of such
counsel to be paid out of the Reserve for Statutory Contingency Account
upon approval by the State Board of Examiners unless the defendant was
found to have been criminally negligent or to have acted wantonly or
maliciously, in which case the cost of such counsel must be borne by the
defendant,
Ê and may require the person instituting or prosecuting the action or
proceeding to file security for the payment of costs that may be awarded
to the defendant therein.
2. A defendant in whose favor a final judgment is rendered in an
action or a final order is made in a special proceeding shall recover his
costs.
3. No member of the Nevada National Guard may be arrested on any
civil process while going to, remaining at, or returning from any place
at which he is required to attend for military duty.
(Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488; 1991, 1769)
HONORS, AWARDS AND DECORATIONS
1. There is hereby created the Nevada War on Terrorism Medal.
2. The Office shall award the Nevada War on Terrorism Medal to:
(a) A member of the Reserves who is a resident of this State or a
member of the Nevada National Guard who:
(1) Is called into active duty in the Armed Forces of the
United States on or after September 11, 2001, in support of the global
war on terrorism; and
(2) Serves on state active duty status or pursuant to Title
10 or 32 of U.S.C.
(b) A civilian employee of a state or local governmental agency or
the Nevada National Guard who, during the course of his employment,
provides services in support of the global war on terrorism and who
qualifies for the medal pursuant to criteria established by the Office
pursuant to subsection 3.
3. The Office shall:
(a) Establish a suitable design for the medal, including a ribbon,
badge or other insignia to be worn with or in place of the medal.
(b) Procure the manufacture of the medal, ribbon, badge or other
insignia.
(c) If the recipient is a member of the Nevada National Guard,
ensure that award of the medal is properly reflected in the service
records of the recipient.
(d) Establish procedures to identify members of the Reserves
entitled to award of the medal.
(e) Adopt regulations to carry out the provisions of this section.
The regulations must include, without limitation:
(1) Rules for wearing the medal, ribbon, badge or other
insignia with the uniform of the Nevada National Guard;
(2) Provisions for the posthumous award of a medal; and
(3) Criteria for determining those persons who are entitled
to an award of the medal.
4. As used in this section, “Reserves” means the Air Force
Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve and Navy
Reserve.
(Added to NRS by 2005, 22nd Special Session, 113 )
COMMISSIONED AND WARRANT OFFICERS
1. All commissioned officers of the Nevada National Guard shall be
appointed and promoted by the Governor upon recommendation of the
Adjutant General.
2. Honorary commissions shall be attested by the Secretary of
State with the great seal and also by the Adjutant General with the seal
of his office. No fee shall be charged for military commissions.
(Added to NRS by 1967, 1305)
The
provisions of this chapter relating to commissioned officers apply to
warrant officers, except that warrant officers who have been absent
without leave may be discharged as prescribed by applicable federal laws
and regulations and Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
The
Nevada Military Academy is hereby created, to consist of supervisory
personnel as authorized by the National Guard Bureau and such number of
cadets as meets the qualifications and requirements of the State of
Nevada as set forth in Office regulations.
(Added to NRS by 1967, 1305; A 1993, 1606)
1. No person may be appointed or promoted as a commissioned
officer of the Nevada National Guard unless he has passed such
examination as to his physical, moral and professional qualifications as
may be prescribed by applicable federal laws and regulations and Office
regulations.
2. No person may be recognized as a commissioned officer of the
Nevada National Guard and no appointment as such may become effective
until he has taken and subscribed to the oath of office prescribed in NRS
412.166 . The oath may be administered
and certified by any commissioned officer of the Nevada National Guard,
or other person authorized to administer oaths under the laws of the
State of Nevada, and no charge may be made for that act.
(Added to NRS by 1967, 1306; A 1985, 1221; 1993, 1606)
Every officer of the Nevada National Guard
shall take and subscribe to the following oath:
I, .............................., do solemnly swear that I will
support and defend the Constitution of the United States and the
Constitution of the State of Nevada against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same; that I
will obey the orders of the President of the United States and of the
Governor of the State of Nevada; that I make this obligation freely,
without any mental reservation or purpose of evasion, and that I will
well and faithfully discharge the duties of the office of
................................ in the National Guard of the State of
Nevada, upon which I am about to enter, so help me God.
(Added to NRS by 1967, 1306)
1. Commissioned officers may be assigned, reassigned, transferred
or detailed to and from units within the Nevada National Guard as
prescribed by applicable federal laws and regulations and Office
regulations.
2. An officer must reside within reasonable commuting distance of
the station to which his unit is assigned. The Adjutant General shall
determine what constitutes a reasonable distance in all cases of doubt.
(Added to NRS by 1967, 1306; A 1993, 1606)
1. A commissioned officer of the Nevada National Guard may tender
his resignation at any time. A resignation must be tendered in writing
through proper military channels in accordance with applicable federal
laws and regulations and Office regulations. A resignation takes effect
when properly accepted and announced in orders.
2. A commissioned officer desiring to accept an appointment or to
enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard
of the United States or a reserve component thereof must first obtain a
conditional release from his commander. A conditional release must be
issued in accordance with this chapter and Office regulations, and must
include certification that the officer is properly cleared of his
responsibility for all state and United States property and public money,
and that he is not indebted to the State or to the organization to which
he belongs. An officer so released shall be deemed to have resigned upon
presentation of evidence that he has accepted an appointment or enlisted
in the force to which released, and the resignation must be announced in
orders.
3. No officer is entitled to resign his commission who is under
arrest, suspension or who is under orders to be returned to any military
court for delinquency.
(Added to NRS by 1967, 1306; A 1993, 1607)
1. Any officer who absents himself without leave for 60 days shall
be considered to have resigned, and the vacancy shall be announced in
appropriate orders.
2. Any officer who is absent without leave from annual active duty
training shall be considered to have resigned, and the vacancy shall be
announced in appropriate orders.
(Added to NRS by 1967, 1306)
1. The efficiency, moral character and general fitness for
retention in the Nevada National Guard of any commissioned officer may be
investigated and determined by an efficiency examining board. The members
of an efficiency examining board shall be senior in rank to the officer
under investigation.
2. The physical fitness for further service of any commissioned
officer in the Nevada National Guard may be investigated and determined
by a medical examining board of officers.
3. Efficiency and medical examining boards shall be appointed by
the Governor upon recommendation of the Adjutant General except that
whenever an examining board is to be appointed for the purpose of
determining fitness of any officer for continued federal recognition,
such board shall be appointed by the commander designated in the
applicable laws of the United States and the regulations issued
thereunder.
(Added to NRS by 1967, 1307)
Efficiency and medical examining boards appointed by the
Governor hereby are vested with the powers of courts of inquiry and
courts-martial. Such boards shall follow the practice and procedure
prescribed by applicable federal laws and regulations and Office
regulations. Any officer ordered to appear before such a board is
entitled to appear in person or by counsel, to cross-examine witnesses
and to call witnesses on his behalf. He is entitled at all stages of the
proceeding to full access to records pertinent to his case and to be
furnished copies of such records. Failure to appear before such examining
board is sufficient ground for a finding by such board that the officer
ordered to appear be discharged from the service of the State. If the
findings of such board are unfavorable to an officer and are approved as
provided by applicable laws of the United States or this chapter, the
Governor shall relieve the officer from duty and shall give him a
discharge in such form as may be appropriate. If the discharge of an
officer is recommended solely because of physical inability to perform
active service, such officer may be transferred to the retired reserve if
eligible.
(Added to NRS by 1967, 1307; A 1993, 1607)
An officer
receiving public property for military purposes is accountable for the
article so received by him until the article is returned, or is disposed
of pursuant to law or by order of the Governor. Until his accounts are
examined and found correct, the accountability of such officer or his
estate is not affected in any way by his resignation, discharge, change
in official position or death. The Governor may relieve officers of
accountability upon good cause shown.
(Added to NRS by 1967, 1307)
1. A person who, on or after July 1, 1973, has completed 2 years
of service as a commissioned officer or warrant officer of the Nevada
National Guard, shall receive an allowance of $100 at that time for
uniforming and equipping himself. Thereafter he shall receive, on
completion of each 2 years of service, an additional allowance of $100 to
assist him in meeting the uniform requirements necessary to his continued
service in the Nevada National Guard.
2. The allowances set forth in subsection 1 must be paid from
money available to the office only after the officer has furnished
satisfactory evidence to the Adjutant General that he is properly
entitled thereto.
(Added to NRS by 1967, 1307; A 1973, 272; 1993, 1607)
All commissioned
officers and warrant officers of the Nevada National Guard, including
retired officers and warrant officers thereof, may organize themselves
into an association, the name of which shall be the Nevada National Guard
Association. The Association may adopt bylaws not inconsistent with the
statutes of this state and may alter and amend such bylaws.
(Added to NRS by 1967, 1308)
ENLISTED PERSONNEL
1. The qualifications for enlistment and reenlistment, the periods
of enlistment, reenlistment and voluntary extension of enlistment, the
period of service, the form of oath to be taken and the manner and form
of transfer and discharge of enlisted personnel of the Nevada National
Guard must be those prescribed by applicable federal laws and regulations
and Office regulations.
2. The Governor is authorized to extend the period of any
enlistment, reenlistment, voluntary extension of enlistment or the period
of service of enlisted personnel of the Nevada National Guard Reserve or
volunteer organizations licensed by the Governor for a period not to
exceed 6 months after the termination of an emergency declared by him,
the Legislature, the President or Congress.
3. Whenever the period of enlistment, reenlistment, voluntary
extension of enlistment, and the period of service of enlisted personnel
of the reserve components of the Armed Forces of the United States are
extended, the Governor shall extend the period of any enlistment,
reenlistment, voluntary extension of enlistment or the period of service
of enlisted personnel in the corresponding force of the Nevada National
Guard for the same period.
(Added to NRS by 1967, 1308; A 1993, 1608)
All noncommissioned
officers of the Nevada National Guard must be appointed in the discretion
of the appointing officer upon the nomination of the officer under whose
immediate command they are to serve. Appointing officers must be
designated in Office regulations. The appointment of a noncommissioned
officer may be terminated as prescribed by those regulations.
(Added to NRS by 1967, 1308; A 1993, 1608)
When an enlisted
person of the Nevada National Guard absents himself without leave and
there is reason to believe that he does not intend to return, he may be
discharged in accordance with Office regulations.
(Added to NRS by 1967, 1308; A 1993, 1608)
NEVADA CODE OF MILITARY JUSTICE
General Provisions
NRS 412.196 to 412.584 ,
inclusive, may be cited as the Nevada Code of Military Justice.
(Added to NRS by 1967, 1309)
As used in the Nevada Code of Military
Justice the words and terms defined in NRS 412.202 to 412.252 ,
inclusive, shall, unless the context otherwise requires, have the meaning
ascribed to them in such sections.
(Added to NRS by 1967, 1309; A 1973, 132)
“Accuser” means a person who signs
and swears to charges, any person who directs that charges nominally be
signed and sworn to by another, or any other person who has an interest
other than an official interest in the prosecution of the accused.
(Added to NRS by 1967, 1309)
“Active state duty”
means full-time duty in the active military service of the State under an
order of the Governor issued pursuant to authority vested in him by law,
and includes going to and returning from such duty.
(Added to NRS by 1967, 1309)
“Apprehension” means the
taking of a person into custody.
(Added to NRS by 1967, 1309)
“Arrest” means the restraint of a
person by an order, not imposed as a punishment for an offense, directing
him to remain within certain specified limits.
(Added to NRS by 1967, 1309)
“Code” means the Nevada Code of
Military Justice.
(Added to NRS by 1967, 1309)
“Commanding officer”
includes only commissioned officers.
(Added to NRS by 1967, 1309)
“Commissioned
officer” includes a commissioned warrant officer.
(Added to NRS by 1967, 1309)
“Confinement” means the
physical restraint of a person.
(Added to NRS by 1967, 1309)
“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.
(Added to NRS by 1967, 1309)
“Enlisted member” means a
person in an enlisted grade.
(Added to NRS by 1967, 1309)
“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.
(Added to NRS by 1967, 1309)
“Legal officer” means any
commissioned officer of the Nevada National Guard designated to perform
legal duties for a command.
(Added to NRS by 1967, 1309)
“May” is used in a permissive sense.
However, the words “no person may” mean that no person is required,
authorized or permitted to do the act prescribed.
(Added to NRS by 1967, 1309)
“Military” refers to any or all
of the armed forces.
(Added to NRS by 1967, 1309)
“Military court” means a
court-martial, a court of inquiry or a provost court.
(Added to NRS by 1967, 1309)
“Military judge” means an
official of a general or special court-martial, who is a commissioned
officer and who is licensed to practice law in the State of Nevada.
(Added to NRS by 1973, 132)
“Nevada National
Guard” includes the National Guard of the State, as defined in 32 U.S.C.
§ 101(3), the Nevada National Guard Reserve and volunteer organizations
licensed by the Governor when called into active service by the Governor.
(Added to NRS by 1967, 1309)
“Rank” means the order of precedence
among members of the armed forces.
(Added to NRS by 1967, 1309)
“Shall” is used in an imperative
sense.
(Added to NRS by 1967, 1309)
“Staff judge
advocate” means a commissioned officer responsible for supervising the
administration of military justice within a command.
(Added to NRS by 1973, 132)
“State Judge
Advocate” means the commissioned officer responsible for supervising the
administration of the military justice in the Nevada National Guard.
(Added to NRS by 1967, 1310)
“Superior
commissioned officer” means a commissioned officer superior in rank or
command.
(Added to NRS by 1967, 1310)
The following persons who are not in
federal service are subject to this Code:
1. Members of the Nevada National Guard, whether or not they are
in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive.
2. All other persons lawfully ordered to duty in or with the
Nevada National Guard, from the dates they are required by the terms of
the order or other directive to obey it.
(Added to NRS by 1967, 1310; A 1985, 758)
1. Each person discharged from the Nevada National Guard who is
later charged with having fraudulently obtained his discharge is, subject
to NRS 412.376 , subject to trial by
court-martial on that charge and is after apprehension subject to this
Code while in the custody of the military for that trial. Upon conviction
of that charge he is subject to trial by court-martial for all offenses
under this Code committed before the fraudulent discharge.
2. No person who has deserted from the Nevada National Guard may
be relieved from amenability to the jurisdiction of this Code by virtue
of a separation from any later period of service.
(Added to NRS by 1967, 1310)
1. If any commissioned officer dismissed by order of the Governor
makes a written application for trial by court-martial, setting forth
under oath that he has been wrongfully dismissed, the Governor, as soon
as practicable, shall convene a general court-martial to try that officer
on the charges on which he was dismissed. A court-martial so convened has
jurisdiction to try the dismissed officer on those charges, 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 Chief of Staff to the Governor 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
6 months from the presentation of an application for trial under this
Code, the Chief of Staff to the Governor 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 this Code,
the Governor alone may reappoint the officer to such commissioned grade
and with such rank as, in the opinion of the Governor, that former
officer would have attained had he 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 time between the dismissal and the
reappointment shall be considered as actual service for all purposes.
4. If an officer is discharged from the Nevada National Guard by
administrative action or by board proceedings under law, or is dropped
from the rolls by order of the Governor, he has no right to trial under
this section.
(Added to NRS by 1967, 1310)
1. This Code applies throughout the State. It also applies to all
persons otherwise subject to this Code 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 Nevada National Guard while those units are serving
outside the State with the same jurisdiction and powers as to persons
subject to this Code 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.
(Added to NRS by 1967, 1310)
1. The Adjutant General shall appoint an officer of the Nevada
National Guard as State Judge Advocate. To be eligible for appointment,
an officer must have been licensed to practice law in the State of Nevada
for at least 5 years and must be qualified to act as a military judge
advocate. The State Judge Advocate serves at the pleasure of the Adjutant
General.
2. The Adjutant General may appoint as many assistant state judge
advocates as he deems necessary, who must be officers of the Nevada
National Guard and licensed to practice law in the State of Nevada.
3. The State Judge Advocate or his assistants shall make frequent
inspections in the field to supervise the administration of military
justice.
4. Convening authorities shall at all times communicate directly
with their staff judge advocate or legal officers in matters relating to
the administration of military justice. The staff judge advocate or legal
officer of any command may 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.
(Added to NRS by 1967, 1311; A 1973, 132; 1985, 758)
Apprehension and Restraint
1. Any person authorized by this Code, or by Office regulations
issued pursuant thereto, to apprehend persons subject to this Code, any
marshal of a court-martial appointed pursuant to the provisions of this
Code and any peace officer authorized to do so by law may do so upon
reasonable belief that an offense has been committed and that the person
apprehended committed it.
2. Commissioned officers, warrant officers and noncommissioned
officers have authority to quell quarrels, frays and disorders among
persons subject to this Code and to apprehend persons subject to this
Code who take part therein.
(Added to NRS by 1967, 1311; A 1993, 1608)
1. If any member of the Nevada National Guard fails or refuses to
report to his appointed place of duty, his commanding officer may arrest
him or cause him to be arrested, and brought before the commanding
officer at the unit or organization headquarters, whether such
headquarters are located within or without the borders of the State.
2. After an arrest, the commanding officer may transport, or cause
to be transported, the person arrested to his appointed place of duty.
3. If military personnel are not available for the purpose of
making the arrest, or if the commanding officer deems it advisable, he
may issue a warrant to any peace officer authorized to serve warrants of
arrest in aid of any criminal action. Such peace officer shall serve the
warrant in the same manner as other warrants of arrest, and make return
thereof to the commanding officer issuing the warrant.
4. If the commanding officer issuing the warrant, or his
authorized representative, is not available to receive the person
arrested, the arresting officer shall take him before the nearest
available magistrate in the State.
5. The magistrate may admit the person arrested to bail
conditioned upon his appearance before the magistrate at a specified time
for surrender to the commanding officer issuing the warrant.
6. If the person arrested is unable to give bail, he may be held
in the county jail for a period not to exceed 3 days, pending his
surrender to the commanding officer or his authorized representative.
(Added to NRS by 1973, 410)
1. Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form:
State of Nevada }
}ss.
County of................................... }
To the (Sheriff) (Constable) (Chief of Police) of ................
(County) (Township and County) (City and County):
...........................................................................
...........................................................................
,
(Name of person to be arrested, rank, serial number)
a member of .............................. (Unit designation) Nevada
National Guard, having failed or refused to report to his appointed place
of duty at ................................, you are therefore commanded
forthwith to arrest the above-named .............................. and
bring him before me at ................ The arrest may be made either
during the day or at night.
Dated at .....................……………........ this ….….............
day of the month of ………. of the year ……
/s/........................................................................
..........
(Name, rank, branch, organization,
and designation as commanding officer)
2. Fees and mileage allowed for the service of warrants must be
the same as are provided by law for the service of criminal process and
must be paid out of money appropriated to the office of the military,
upon proper application therefor.
(Added to NRS by 1973, 411; A 1993, 1609; 2001, 53 )
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, may summarily apprehend a deserter from the Nevada National
Guard and deliver him into the custody of the Nevada National Guard. If
an offender is apprehended outside the State, his return to the area must
be in accordance with normal extradition procedures or reciprocal
agreement.
(Added to NRS by 1967, 1311)
1. An enlisted member may be ordered into arrest or confinement by
any commissioned officer by an oral or written order, delivered in person
or through other persons subject to this code or through any person
authorized by this code 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.
2. 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.
3. No person may be ordered apprehended or into arrest or
confinement except for probable cause.
4. 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.
(Added to NRS by 1967, 1311)
1. Any person subject to this Code charged with an offense under
this Code shall be ordered into arrest or confinement, as circumstances
may require, by a person so authorized by this chapter; but when charged
only with an offense normally tried by a summary court-martial, such
person shall not ordinarily be placed in confinement.
2. When any person subject to this Code is placed in arrest or
confinement prior to trial, immediate steps shall be taken to inform him
of the specific wrong of which he is accused and to try him or to dismiss
the charges and release him.
(Added to NRS by 1967, 1312; A 1973, 410)
Confinement other than in a
guardhouse, whether before, during or after trial by a military court,
must be executed in civil jails, detention facilities, penitentiaries or
prisons designated by the Governor or by such persons as he may authorize
to act.
(Added to NRS by 1967, 1312; A 1989, 1180)
1. A provost marshal, commander of a guard, master at arms, keeper
or officer of a city or county jail or any other jail, detention
facility, penitentiary or prison designated under NRS 412.276 may not 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, master at arms, keeper or officer
of a city or county jail or of any other jail, detention facility,
penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall,
within 24 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 him, and the name of the person who
ordered or authorized the commitment.
(Added to NRS by 1967, 1312; A 1977, 871; 1989, 1180)
Subject to NRS 412.412 ,
no person, while being held for trial or the result of a 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 him be any more rigorous than the circumstances required to
insure his presence; but he may be subjected to minor punishment during
that period for infractions of discipline, and may be required to perform
such labor as may be necessary for the policing and sanitation of his
living quarters and messing facilities and the area immediately adjacent
thereto.
(Added to NRS by 1967, 1312)
1. Under such Office regulations as may be prescribed under this
chapter, a person on active state duty subject to this Code 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, 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 his offense must, upon the request of
competent military authority, be returned to military custody for the
completion of his sentence.
(Added to NRS by 1967, 1313; A 1993, 1609)
Nonjudicial Punishment
Under Office regulations,
limitations may be placed on the powers granted by NRS 412.286 to 412.302 ,
inclusive, with respect to the kind and amount of punishment authorized,
the categories of commanding officers and warrant officers exercising
command authorized to exercise those powers, the applicability of NRS
412.286 to 412.302 , inclusive, to an accused who demands trial by
court-martial, and the kinds of courts-martial to which the case may be
referred upon such a demand. However, punishment may not be imposed upon
any member of the Nevada National Guard under NRS 412.286 to 412.302 ,
inclusive, if the member has, before the imposition of such punishment,
demanded trial by court-martial in lieu of such punishment. Under Office
regulations, rules may be prescribed with respect to the suspension of
punishments authorized hereunder. If authorized by Office regulations, a
commanding officer exercising general court-martial jurisdiction or an
officer of general rank in command may delegate his powers under NRS
412.286 to 412.302 , inclusive, to a principal assistant.
(Added to NRS by 1967, 1313; A 1993, 1609)
Subject to NRS 412.286 , any commanding officer may, in addition to or
in lieu of admonition or reprimand, impose one or more of the following
disciplinary punishments for minor offenses without the intervention of a
court-martial:
1. Upon officers of his command:
(a) Restriction to certain specified limits, with or without
suspension from duty, for not more than 30 consecutive days.
(b) If imposed by an officer exercising general court-martial
jurisdiction or an officer of general rank in command:
(1) Arrest in quarters for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 month’s pay
per month for 2 months;
(3) Restriction to certain specified limits, with or without
suspension from duty, for not more than 60 consecutive days; or
(4) Detention of not more than one-half of 1 month’s pay per
month for 3 months.
2. Upon other personnel of his command:
(a) Correctional custody for not more than 7 consecutive days.
(b) Forfeiture of not more than 7 days’ pay.
(c) Reduction to the next inferior pay grade, if the grade from
which demoted is within the promotion authority of the officer imposing
the reduction or any officer subordinate to the one who imposes the
reduction.
(d) Extra duties, including fatigue or other duties, for not more
than 14 consecutive days.
(e) Restriction to certain specified limits, with or without
suspension from duty, for not more than 14 consecutive days.
(f) Detention of not more than 14 days’ pay.
(g) If imposed by an officer of the grade of major or above:
(1) Correctional custody for not more than 30 consecutive
days;
(2) Forfeiture of not more than one-half of 1 month’s pay
per month for 2 months;
(3) Reduction to the lowest or any intermediate pay grade,
if the grade from which demoted is within the promotion authority of the
officer imposing the reduction or any officer subordinate to the one who
imposes the reduction, but an enlisted member in a pay grade above E-4
may not be reduced more than two pay grades;
(4) Extra duties, including fatigue or other duties, for not
more than 45 consecutive days;
(5) Restrictions to certain specified limits, with or
without suspension from duty, for not more than 60 consecutive days; or
(6) Detention of not more than one-half of 1 month’s pay per
month for 3 months.
Ê Detention of pay shall be for a stated period of not more than 1 year
but if the offender’s term of service expires earlier, the detention
shall terminate upon that expiration. No two or more of the punishments
of arrest in quarters, correctional custody, extra duties, and
restriction may be combined to run consecutively in the maximum amount
imposable for each. Whenever any of those punishments are combined to run
consecutively there must be an apportionment. In addition, forfeiture of
pay may not be combined with detention of pay without an apportionment.
For the purposes of this subsection, “correctional custody” is the
physical restraint of a person during duty or nonduty hours and may
include extra duties, fatigue duties or hard labor. If practicable,
correctional custody will not be served in immediate association with
persons awaiting trial or held in confinement pursuant to trial by
court-martial.
(Added to NRS by 1967, 1313)
An
officer in charge may impose upon enlisted members assigned to the unit
of which he is in charge such of the punishments authorized under
paragraphs (a) to (f), inclusive, of subsection 2 of NRS 412.288 as the Adjutant General may specifically
prescribe by Office regulation.
(Added to NRS by 1967, 1314; A 1993, 1610)
The officer who imposes the punishment authorized in NRS 412.288 , or his successor in command, may, at any
time, suspend probationally any part or amount of the unexecuted
punishment imposed and may suspend probationally a reduction in grade or
a forfeiture imposed under NRS 412.288 ,
whether or not executed. In addition, he may, at any time, remit or
mitigate any part or amount of the unexecuted punishment imposed and may
set aside in whole or in part the punishment, whether executed or
unexecuted, and restore all rights, privileges and property affected. He
may also mitigate reduction in grade to forfeiture or detention of pay.
When mitigating:
1. Arrest in quarters to restriction;
2. Correctional custody to extra duties or restriction, or both; or
3. Extra duties to restriction,
Ê the mitigated punishment shall not be for a greater period than the
punishment mitigated. When mitigating forfeiture of pay to detention of
pay, the amount of the detention shall not be greater than the amount of
the forfeiture. When mitigating reduction in grade to forfeiture or
detention of pay, the amount of the forfeiture or detention shall not be
greater than the amount that could have been imposed initially under NRS
412.286 to 412.302 , inclusive, by the officer who imposed the
punishment mitigated.
(Added to NRS by 1967, 1314)
A person punished under
NRS 412.286 to 412.302 , inclusive, 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 superior
authority may exercise the same powers with respect to the punishment
imposed as may be exercised under NRS 412.294 by the officer who imposed the punishment.
Before acting on an appeal from a punishment of:
1. Arrest in quarters for more than 7 days;
2. Correctional custody for more than 7 days;
3. Forfeiture of more than 7 days’ pay;
4. Reduction of one or more pay grades from the fourth or a higher
pay grade;
5. Extra duties for more than 14 days;
6. Restriction for more than 14 days; or
7. Detention of more than 14 days’ pay,
Ê the authority who is to act on the appeal shall refer the case to the
State Judge Advocate for consideration and advice, and may so refer the
case upon appeal from any punishment imposed under NRS 412.288 .
(Added to NRS by 1967, 1315)
The
imposition and enforcement of disciplinary punishment under NRS 412.286
to 412.302 , inclusive, 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 NRS 412.286
to 412.302 , inclusive; 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.
(Added to NRS by 1967, 1315)
The Adjutant
General may, by Office regulation, prescribe the form of records to be
kept of proceedings under NRS 412.286
to 412.302 , inclusive, and may also
prescribe that certain categories of those proceedings must be in writing.
(Added to NRS by 1967, 1315; A 1993, 1610)
Jurisdiction of Courts-Martial
1. In the Nevada National Guard not in federal service, there are
general, special and summary courts-martial constituted like similar
courts of the Army and Air Force. They have the jurisdiction and powers,
except as to punishments, and shall follow the forms and procedures
provided for those courts.
2. Courts-martial shall be constituted as follows:
(a) General courts-martial consisting of:
(1) A military judge and not less than five members; or
(2) A military judge alone, 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, provided the military judge approves.
A court composed only of a military judge is not available to one accused
of an offense punishable by death, except when the case has been referred
to a trial as a noncapital case.
(b) Special courts-martial consisting of:
(1) A military judge and not less than three members; or
(2) A military judge alone, if the accused, under the same
conditions as those prescribed in subparagraph (2) of paragraph (a) of
this subsection, so requests.
(c) Summary courts-martial, consisting of one commissioned officer.
(Added to NRS by 1967, 1315; A 1973, 133)
The
ground force and the air force of the Nevada National Guard has
court-martial jurisdiction over all persons subject to this Code. The
exercise of jurisdiction by one force over personnel of another force
must be in accordance with Office regulations.
(Added to NRS by 1967, 1316; A 1993, 1610)
Subject to NRS 412.306 , general courts-martial have jurisdiction to
try persons subject to this Code for any offense made punishable by this
Code and may, under such limitations as the Governor may prescribe,
adjudge any of the following punishments:
1. A fine of not more than $200 or forfeiture of pay and
allowances of not more than $200;
2. Confinement with hard labor for not more than 200 days;
3. Dishonorable discharge, bad-conduct discharge or dismissal;
4. Reprimand;
5. Reduction of enlisted persons to a lower grade; or
6. Any combination of these punishments.
(Added to NRS by 1967, 1316)
Subject to NRS 412.306 , special courts-martial have jurisdiction to
try persons subject to this Code for any offense for which they may be
punished under this Code. A special court-martial may adjudge any
punishment a general court-martial may adjudge, except dishonorable
discharge, dismissal or confinement with hard labor for more than 100
days, forfeiture of pay and allowances of more than $100 or a fine of
more than $100.
(Added to NRS by 1967, 1316)
1. Subject to NRS 412.306 ,
summary courts-martial have jurisdiction to try persons subject to this
Code, except officers and warrant officers, for any offense made
punishable by this Code.
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, unless under NRS 412.286 , he has been permitted and has elected to
refuse punishment under NRS 412.286 to
412.302 , inclusive. If objection to
trial by summary court-martial is made by an accused who has not been
permitted to refuse punishment under NRS 412.286 to 412.302 ,
inclusive, trial shall be ordered by special or general court-martial, as
may be appropriate.
3. Summary courts-martial may adjudge any of the following
punishments:
(a) Confinement with hard labor for not exceeding 25 days;
(b) A fine of not more than $25 or forfeiture of pay and allowances
of not more than $25 for a single offense;
(c) Reduction of enlisted persons to a lower grade; and
(d) Any combination of these punishments.
(Added to NRS by 1967, 1316)
In the Nevada National Guard not in federal
service, no sentence of dismissal or dishonorable discharge may be
executed until it is approved by the Governor.
(Added to NRS by 1967, 1316)
A dishonorable discharge, bad-conduct discharge or dismissal
shall not be adjudged by any court-martial unless a complete record of
the proceedings and testimony before the court has been made.
(Added to NRS by 1967, 1316)
A general or special court-martial
convened for the trial of a person charged with committing an offense
after the declaration of a war or national emergency and before the time
when he is brought under the jurisdiction of the United States Uniform
Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction,
adjudge such punishment as may be appropriate, except that it may not
exceed that authorized for a similar offense by the United States Uniform
Code of Military Justice.
(Added to NRS by 1967, 1316)
Convening and Composition of Courts-Martial
In the Nevada
National Guard not in federal service, general courts-martial may be
convened by the President or by the Governor.
(Added to NRS by 1967, 1317)
In the Nevada
National Guard not in federal service, the commanding officer of a
garrison, fort, post, camp, airbase, auxiliary airbase or other place
where troops are on duty, or of a brigade, regiment, wing, group,
detached battalion, separate squadron or other detached command, may
convene special courts-martial. Special courts-martial may also be
convened by superior authority. When any such officer is an accuser, the
court shall be convened by superior competent authority.
(Added to NRS by 1967, 1317)
1. In the Nevada National Guard not in federal service, the
commanding officer of a garrison, fort, post, camp, airbase, auxiliary
airbase or other place where troops are on duty, or of a regiment, wing,
group, detached battalion, detached squadron, detached company or other
detachment, may convene a summary court-martial consisting of one
commissioned officer. The proceedings shall be informal.
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.
(Added to NRS by 1967, 1317)
1. Any commissioned officer of or on duty with the Nevada National
Guard 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 Nevada National
Guard 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 courts for trial.
3. Any enlisted member of the Nevada National Guard 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 a court only if, before the convening of the court, 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-third 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. As used
in this subsection, the word “unit” means any regularly organized body of
the Nevada National Guard not larger than a company, a squadron or a
corresponding body.
4. When it can be avoided, no person subject to this Code shall be
tried by a court-martial any member of which is junior to him in rank or
grade.
5. When convening a court-martial, the convening authority shall
detail as members thereof such members of the Nevada National Guard 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 of the Nevada National Guard 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. If within the command of the convening
authority there is present and not otherwise disqualified a commissioned
officer who is a member of the bar of the State and of appropriate rank,
the convening authority shall appoint him as president of a special
court-martial. Although this requirement is binding on the convening
authority, failure to meet it in any case does not divest a military
court of jurisdiction.
(Added to NRS by 1967, 1317)
1. The authority convening a general or special court-martial
shall request the State Judge Advocate to detail a military judge.
2. No person may act as military judge in a case wherein he is the
accuser, a witness for the prosecution, counsel or has acted as
investigating officer.
3. The military judge may not consult with the members of the
court except in the presence of the accused and trial and defense
counsel, nor may he vote with the members of the court.
(Added to NRS by 1967, 1318; A 1973, 133)
1. For each general and special court-martial the authority
convening the court shall request the State Judge Advocate to detail
trial and defense counsel and such assistants as he considers appropriate.
2. No person who has acted as investigating officer, military
judge or court member may thereafter act as trial counsel or assistant
trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as
investigating officer, military judge or court member may thereafter act
as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act
for the defense in the same case; nor may any person who has acted for
the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a
member of the bar of the highest court of a state or of a federal court.
(Added to NRS by 1967, 1318; A 1973, 142; 1975, 78)
Under Office
regulations, 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.
(Added to NRS by 1967, 1318; A 1993, 1610)
1. No member of a general or special court-martial may be absent
or excused after the accused has been arraigned except for physical
disability or as a result of a challenge or by order of the convening
authority for good cause.
2. Whenever a general court-martial is reduced below five members,
the trial may not proceed unless the convening authority details new
members sufficient in number to provide not less than five 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.
3. Whenever a special court-martial is reduced below three
members, the trial may not proceed unless the convening authority details
new members sufficient in number to provide not less than three members.
When the new members have been sworn, the trial shall proceed as if no
evidence has previously been introduced, unless a verbatim record of the
testimony of previously examined witnesses or a stipulation thereof is
read to the court in the presence of the accused and counsel.
(Added to NRS by 1967, 1319; A 1973, 134)
Pretrial Procedure
1. Charges and specifications shall be signed by a person subject
to this Code under oath before a person authorized by this Code to
administer oaths and shall state:
(a) That the signer has personal knowledge of, or has investigated,
the matters set forth therein; and
(b) 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.
(Added to NRS by 1967, 1319)
1. No person subject to this Code may compel any person to
incriminate himself or to answer any question the answer to which may
tend to incriminate him.
2. No person subject to this Code may interrogate, or request any
statement from, an accused or a person suspected of an offense without
first:
(a) Informing him of the nature of the accusation;
(b) Advising him that he does not have to make any statement
regarding the offense of which he is accused or suspected and that any
statement made by him may be used as evidence against him in a trial by
court-martial; and
(c) Advising him that he has a right to consult with a lawyer, that
he has a right to have a lawyer present during questioning, that he has a
right to be represented by a lawyer and that upon his request, one will
be provided him without cost, or, if he prefers, he may retain counsel of
his choice, at his own expense.
3. No person subject to this Code may 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 him.
4. No statement obtained from any person in violation of this
section, or through the use of coercion, unlawful influence or unlawful
inducement may be received in evidence against him in a trial by
court-martial.
(Added to NRS by 1967, 1319; A 1973, 295)
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
his right to be represented at that investigation by counsel. Upon his
own request he shall be represented by civilian counsel if provided by
him, or military counsel of his own selection if such counsel is
reasonably available, or by counsel detailed by the officer exercising
general court-martial jurisdiction over the command. At that
investigation full opportunity shall be given to the accused to
cross-examine witnesses against him if they are available and to present
anything he 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 an offense, and if the
accused was present at the investigation and afforded the opportunities
for representation, cross-examination and presentation prescribed in
subsection 2, 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 this Code but failure to follow them does not divest a
military court of jurisdiction.
(Added to NRS by 1967, 1319)
When a person is held for
trial by general court-martial the commanding officer shall, within 8
days after the accused is ordered into arrest or confinement, if
practicable, forward the charges, together with the investigation and
allied papers, to the Governor. If that is not practicable, he shall
report in writing to the Governor the reasons for delay.
(Added to NRS by 1967, 1320)
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 this Code 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, may be made.
(Added to NRS by 1967, 1320)
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 may, against his objection, be brought to trial
before a general court-martial within a period of 5 days after the
service of the charges upon him, or before a special court-martial within
a period of 3 days after the service of the charges upon him.
(Added to NRS by 1967, 1320)
Trial Procedure
The procedure, including
modes of proof, in cases before military courts and other military
tribunals may be prescribed by Office regulations, which must, so far as
practicable, apply the principles of law and the rules of evidence
generally recognized in the trial of criminal cases in the courts of the
State, but which may not be contrary to or inconsistent with this Code.
(Added to NRS by 1967, 1321; A 1993, 1610)
No authority
convening a general, special or summary court-martial nor any other
commanding officer, or officer serving on the staff thereof, may censure,
reprimand or admonish the court or any member, law officer 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 this Code may attempt to
coerce or, by any unauthorized means, influence the action of the
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.
(Added to NRS by 1967, 1321)
1. The trial counsel of a general or special court-martial shall
prosecute in the name of the State 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 him, or by military counsel of his own selection if reasonably
available, or by the defense counsel detailed under NRS 412.336 . 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 his associate
counsel; otherwise they shall be excused by the president of the court.
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 as he 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 NRS 412.336 , 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 NRS 412.336 , perform any duty imposed by law, regulation
or the custom of the service upon counsel for the accused.
(Added to NRS by 1967, 1321)
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 call the court into session without the
presence of the members for:
(a) 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;
(b) 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;
(c) Holding the arraignment and receiving the pleas of the accused;
or
(d) Performing any other procedural function which may be performed
by the military judge which does not require the presence of the members
of the court. These proceedings shall be conducted in the presence of the
accused, defense counsel and trial counsel and shall be made a part of
the record.
2. Whenever a general or special court-martial deliberates or
votes, only the members of the court may be present. All other
proceedings, including any other consultation 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
the military judge.
(Added to NRS by 1967, 1321; A 1973, 134)
The military judge may, for reasonable
cause, grant a continuance to any party for such time, and as often, as
may appear to be just.
(Added to NRS by 1967, 1322; A 1973, 135)
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 may not receive a
challenge to more than one person at a time. Challenges by the trial
counsel shall be presented and decided before those by the accused are
offered, unless justice dictates otherwise.
2. Each accused and the trial counsel is entitled to one
peremptory challenge, but the military judge may not be challenged except
for cause.
(Added to NRS by 1967, 1322; A 1973, 135)
1. The military judge, interpreters, and in general and special
courts-martial, members, trial counsel, assistant trial counsel, defense
counsel, assistant defense counsel and reporters shall take an oath or
affirmation in the presence of the accused to perform their duties
faithfully.
2. Each witness before a military court shall be examined on oath
or affirmation.
(Added to NRS by 1967, 1322; A 1973, 135)
1. A person charged with desertion or absence without leave in
time of war, or with aiding the enemy or with mutiny, 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 the offense punishable under NRS
412.554 , is not liable to be tried by
court-martial if the offense was committed more than 3 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 NRS 412.286 to 412.302 , inclusive, if the offense was committed more
than 2 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 NRS 412.286 to 412.302 ,
inclusive.
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 the enemy, shall be excluded in computing
the period of limitation prescribed in this section.
(Added to NRS by 1967, 1322)
1. No person may, without his consent, be tried a second time in
any military court of the State for the same offense.
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.
3. 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.
(Added to NRS by 1967, 1322)
If an accused arraigned before a
court-martial makes an irregular pleading, or after a plea of guilty sets
up matter inconsistent with the plea, or if it appears that he has
entered the plea of guilty improvidently or through lack of understanding
of its meaning and effect, or if he fails or refuses to plead, a plea of
not guilty shall be entered in the record, and the court shall proceed as
though he had pleaded not guilty.
(Added to NRS by 1967, 1323)
1. The trial counsel, the defense counsel and the court-martial
must have equal opportunity to obtain witnesses, both civilian and
military and other evidence in accordance with Office regulations.
2. The military judge or a summary court officer may:
(a) Issue a warrant for the arrest of any accused person who,
having been served with a warrant and a copy of the charges, disobeys a
written order by the convening authority to appear before the court;
(b) Issue subpoenas duces tecum and other subpoenas;
(c) Enforce by attachment the attendance of witnesses and the
production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in
actions before civil courts of the State.
3. Process issued in court-martial cases to compel witnesses to
appear and testify and to compel the production of other evidence may run
to any part of the State and may be executed by military personnel
designated by the court-martial, or by civil officers as prescribed by
the laws of the State of Nevada.
(Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)
Any person not subject
to this Code who:
1. Has been 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 paid or tendered the fees and mileage of a witness at
the rates allowed to witnesses attending a district court of the 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,
Ê is guilty of an offense against the State and may be punished in the
same manner as if committed before civil courts of the State.
(Added to NRS by 1967, 1323)
A military court may punish for
contempt any person who uses any menacing word, sign or gesture in its
presence, or who disturbs its proceedings by any riot or disorder. The
punishment may not exceed confinement for 30 days or a fine of $100, or
both.
(Added to NRS by 1967, 1323)
1. At any time after charges have been signed, as provided in NRS
412.344 , any party may take oral or
written depositions unless 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 authority may 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 officer or other person authorized by the laws of the 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:
(a) That the witness resides or is beyond the state in which the
court-martial or court of inquiry is ordered to sit, or beyond the
distance of 100 miles from the place of hearing;
(b) That the witness by reason of death, age, sickness, bodily
infirmity, imprisonment, military necessity, nonamenability to process,
or other reasonable cause, is unable or refuses to appear and testify in
person at the place of trial or hearing; or
(c) That the present whereabouts of the witness is unknown.
(Added to NRS by 1967, 1323)
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.
(Added to NRS by 1967, 1324)
1. Voting by members of a general or special court-martial upon
questions of challenge, 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. Before a vote is taken on the findings, and except where a
court-martial is composed of a military judge alone, the military judge
shall, in the presence of the accused and counsel, instruct the court as
to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his
guilt is established by legal and competent evidence beyond reasonable
doubt;
(b) 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;
(c) That if there is a reasonable doubt as to the degree of guilt,
the findings must be in a lower degree as to which there is no reasonable
doubt; and
(d) That the burden of proof to establish the guilt of the accused
beyond reasonable doubt is upon the State.
3. If the court-martial is composed of a military judge alone, he
shall determine all questions of law and fact, and, if the accused is
convicted, adjudge an appropriate sentence. He shall make a general
finding, unless requested to make a special finding of facts. If an
opinion or memorandum decision is filed, it is sufficient if the findings
of fact appear therein.
(Added to NRS by 1967, 1324; A 1973, 136)
1. No person may be convicted of an offense, except by the
concurrence of two-thirds of the members present at the time the vote is
taken.
2. All sentences shall be determined by the concurrence of
two-thirds 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
or special court-martial shall be determined by a majority vote. A tie
vote on a challenge disqualifies the member challenged. A tie vote on a
motion for a finding of not guilty or on a motion relating to the
question of the accused’s sanity is a determination against the accused.
A tie vote on any other question is a determination in favor of the
accused.
(Added to NRS by 1967, 1325)
A court-martial shall
announce its findings and sentence to the parties as soon as determined.
(Added to NRS by 1967, 1325)
1. Each court-martial shall keep a separate record of the
proceedings of the trial of each case brought before it and the record
must be authenticated by the signatures of the president and the military
judge. If the record cannot be authenticated by either the president or
the military judge, by reason of his absence, it must be signed by a
member in lieu of him. If both the president and the military judge are
unavailable, the record must be authenticated by two members. A record of
the proceedings of a trial in which the sentence adjudged includes a
bad-conduct discharge or is more than that which could be adjudged by a
special court-martial must contain a complete verbatim account of the
proceedings and testimony before the court. All other records of trial
must contain such matter and be authenticated in such manner as the
Governor may, by Office regulation, prescribe.
2. A copy of the record of the proceedings of each general and
special court-martial must 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 1, the accused may buy such a record in
accordance with Office regulations.
(Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611)
Sentences
Punishment
by flogging, or by branding, 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 this Code. The use
of irons, single or double, except for the purpose of safe custody, is
prohibited.
(Added to NRS by 1967, 1325)
1. The punishments which a court-martial may direct for an offense
may not exceed limits prescribed by this Code.
2. None of the provisions of this Code shall subject anyone to
imprisonment for failure to pay a fine imposed by a military court.
(Added to NRS by 1967, 1325)
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, the forfeiture may apply to pay or allowances
becoming due on or after the date the sentence is approved by the
convening authority. No forfeiture may extend to any 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 must be excluded in computing the service of the term of
confinement. Office regulations 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.
(Added to NRS by 1967, 1325; A 1993, 1611)
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 Nevada National Guard or in any jail, detention
facility, penitentiary or prison designated for that purpose. Persons so
confined in a jail, detention facility, penitentiary or prison are
subject to the same discipline and treatment as persons confined or
committed to the jail, detention facility, penitentiary or prison by the
courts of the State or of any political subdivision thereof.
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, detention facilities, penitentiaries or prisons
designated by the Governor, or by such person as he may authorize to act
under NRS 412.276 , shall:
(a) Receive persons ordered into confinement before trial and
persons committed to confinement by a military court; and
(b) Confine them according to law.
Ê A keeper, officer or warden may not require payment of any fee or
charge for so receiving or confining a person.
(Added to NRS by 1967, 1326; A 1989, 1181)
1. Unless otherwise provided in Office regulations, a
court-martial sentence of an enlisted member in a pay grade above E-1, as
approved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge;
(b) Confinement; or
(c) Hard labor without confinement,
Ê reduces that member to pay grade E-1, effective on the date of that
approval.
2. If the sentence of a member who is reduced in pay grade under
subsection 1 is set aside or disapproved, or, as finally approved, does
not include punishment named in subsection 1, the rights and privileges
of which he was deprived because of that reduction must be restored to
him and he is entitled to the pay and allowances to which he would have
been entitled, for the period the reduction was in effect, had he not
been so reduced.
(Added to NRS by 1967, 1326; A 1993, 1611)
Review of Courts-Martial
Except as provided in NRS 412.316 to
412.432 , inclusive, a court-martial
sentence, unless suspended, may be ordered executed by the convening
authority when approved by him. 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 as approved by him.
(Added to NRS by 1967, 1326)
1. 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, a successor in command or by the Governor.
2. The convening authority shall refer the record of each general
court-martial to the State Judge Advocate, who shall submit his written
opinion thereon to the convening authority. 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.
(Added to NRS by 1967, 1327)
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:
(a) For reconsideration of a finding of not guilty of any
specification, or a ruling which amounts to a finding of not guilty;
(b) 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 some section
of this Code; or
(c) For increasing the severity of the sentence unless the sentence
prescribed for the offense is mandatory.
(Added to NRS by 1967, 1327)
1. If the convening authority disapproves the findings and
sentence of a court-martial he may, except where there is lack of
sufficient evidence in the record to support the findings, order a
rehearing. In such a case he shall state the reasons for disapproval. If
he disapproves the findings and sentence and does not order a rehearing,
he 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 may 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.
(Added to NRS by 1967, 1327)
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 he in
his discretion determines should be approved. Unless he indicated
otherwise, approval of the sentence is approval of the findings and
sentence.
(Added to NRS by 1967, 1327)
1. If the convening authority is the Governor, his action on the
review of any record of trial is final.
2. In all other cases not covered by subsection 1, if the sentence
of a special court-martial as approved by the convening authority
includes a bad-conduct discharge, whether or not suspended, the entire
record must be sent to the appropriate staff judge advocate or legal
officer of the state force concerned to be reviewed in the same manner as
a record of trial by general court-martial. The record and the opinion of
the staff judge advocate or legal officer must then be sent to the State
Judge Advocate for review.
3. All other special and summary court-martial records must be
sent to the law specialist or legal officer of the appropriate force of
the Nevada National Guard and must be acted upon, transmitted and
disposed of as may be prescribed by Office regulations.
4. The State Judge Advocate shall review the record of trial in
each case sent to him for review as provided under subsection 3. If the
final action of the court-martial has resulted in an acquittal of all
charges and specifications, the opinion of the State Judge Advocate must
be limited to questions of jurisdiction.
5. The State Judge Advocate shall take final action in any case
reviewable by him.
6. In a case reviewable by the State Judge Advocate under this
section, the State Judge Advocate may act only with respect to the
findings and sentence as approved by the convening authority. He may
affirm 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
determines, on the basis of the entire record, should be approved. In
considering the record he may weigh the evidence, judge the credibility
of witnesses and determine controverted questions of fact, recognizing
that the trial court saw and heard the witnesses. If the State Judge
Advocate sets aside the findings and sentence, he may, except where the
setting aside is based on lack of sufficient evidence in the record to
support the findings, order a rehearing. If he sets aside the findings
and sentence and does not order a rehearing, he shall order that the
charges be dismissed.
7. In a case reviewable by the State Judge Advocate under this
section, he shall instruct the convening authority to act in accordance
with his decision on the review. If he has ordered a rehearing but the
convening authority finds a rehearing impracticable, he may dismiss the
charges.
8. The State Judge Advocate may order one or more boards of review
each composed of not less than three commissioned officers of the Nevada
National Guard, each of whom must be a member of the State Bar of Nevada.
Each board of review shall review the record of any trial by special
court-martial, including a sentence to a bad-conduct discharge, referred
to it by the State Judge Advocate. Boards of review have the same
authority on review as the State Judge Advocate has under this section.
(Added to NRS by 1967, 1328; A 1993, 1612)
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.
(Added to NRS by 1967, 1328)
1. Upon the final review of a sentence of a general court-martial
or of a sentence to a bad-conduct discharge, the accused has the right to
be represented by counsel before the reviewing authority, before the
staff judge advocate or legal officer, as the case may be, and before the
State Judge Advocate.
2. Upon the request of an accused entitled to be so represented,
the State Judge Advocate shall appoint a lawyer who is a member of the
Nevada National Guard and who has the qualifications prescribed in NRS
412.336 , if available, to represent the
accused before the reviewing authority, before the staff judge advocate
or legal officer, as the case may be, and before the State Judge
Advocate, in the review of cases specified in subsection 1 of this
section.
3. If provided by him, an accused entitled to be so represented
may be represented by civilian counsel before the reviewing authority,
before the staff judge advocate or legal officer, as the case may be, and
before the State Judge Advocate.
(Added to NRS by 1967, 1329)
1. Before 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 sent for action to the
Governor in cases involving a general court-martial sentence and to the
commanding officer of the force of the Nevada National Guard of which the
probationer is a member in all other cases covered by subsection 1. If
the Governor or commanding officer 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.
(Added to NRS by 1967, 1329)
At any time within 2 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.
(Added to NRS by 1967, 1329)
1. A convening authority may remit or suspend any part or amount
of the unexecuted part of any sentence, including all uncollected
forfeitures.
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.
(Added to NRS by 1967, 1329)
1. Under Office regulations, 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, must
be restored unless a new trial or rehearing is ordered and such executed
part is included in a sentence imposed upon the new trial or rehearing.
2. If a previously executed sentence of dishonorable or
bad-conduct discharge is not imposed on a new trial, the Governor shall
substitute therefor a form of discharge authorized for administrative
issuance unless the accused is to serve out the remainder of his
enlistment.
3. If a previously executed sentence of dismissal is not imposed
on a new trial, the Governor 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 he not been
dismissed. The reappointment of such former officer may be made if a
position vacancy is available under applicable tables of organization.
All time between the dismissal and the reappointment must be considered
as service for all purposes.
(Added to NRS by 1967, 1329; A 1993, 1613)
The
proceedings, findings and sentences of court-martial as reviewed and
approved, as required by this Code, and all dismissals and discharges
carried into execution under sentences by court-martial following review
and approval, as required by this Code, are final and conclusive. Orders
publishing the proceedings of court-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 as provided in NRS 412.442 .
(Added to NRS by 1967, 1330)
Punitive Provisions
No person may be tried or punished for any offense provided for in
NRS 412.454 to 412.558 , inclusive, unless it was committed while he
was in a duty status.
(Added to NRS by 1967, 1330)
Any person subject to this Code who:
1. Commits an offense punishable by this Code, or aids, abets,
counsels, commands or procures its commission; or
2. Causes an act to be done which if directly performed by him
would be punishable by this Code,
Ê is a principal.
(Added to NRS by 1967, 1330)
Any person subject to this Code
who, knowing that an offense punishable by this Code has been committed,
receives, comforts or assists the offender in order to hinder or prevent
his apprehension, trial or punishment shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1330)
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.
(Added to NRS by 1967, 1330)
1. An act done with specific intent to commit an offense under
this Code, 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 this Code who attempts to commit any
offense punishable by this Code shall be punished as a court-martial may
direct, unless otherwise specifically prescribed.
3. Any person subject to this Code may be convicted of an attempt
to commit an offense although it appears on the trial that the offense
was consummated.
(Added to NRS by 1967, 1330)
Any person subject to this Code who
conspires with any other person to commit an offense under this Code
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.
(Added to NRS by 1967, 1330)
1. Any person subject to this Code who solicits or advises another
or others to desert in violation of NRS 412.474 or to mutiny in violation of NRS 412.496
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 he shall be punished as a
court-martial may direct.
2. Any person subject to this Code who solicits or advises another
or others to commit an act of misbehavior before the enemy in violation
of NRS 412.508 or sedition in violation
of NRS 412.496 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 he shall be punished as a court-martial may
direct.
(Added to NRS by 1967, 1331)
Any
person who:
1. Procures his own enlistment or appointment in the Nevada
National Guard by knowingly false representation or deliberate
concealment as to his qualifications for that enlistment or appointment
and receives pay or allowances thereunder; or
2. Procures his own separation from the Nevada National Guard by
knowingly false representation or deliberate concealment as to his
eligibility for that separation,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
Any
person subject to this Code who effects an enlistment or appointment in
or a separation from the Nevada National Guard of any person who is known
to him 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.
(Added to NRS by 1967, 1331)
1. Any member of the Nevada National Guard who:
(a) Without authority goes or remains absent from his unit,
organization or place of duty with intent to remain away therefrom
permanently;
(b) Quits his unit, organization or place of duty with intent to
avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the forces of the
Nevada National Guard enlists or accepts an appointment in the same or
another one of the forces of the Nevada National Guard, or in one of the
Armed Forces of the United States, without fully disclosing the fact that
he has not been regularly separated,
Ê is guilty of desertion.
2. Any commissioned officer of the Nevada National Guard who,
after tender of his 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.
(Added to NRS by 1967, 1331)
Any person subject to this
Code who, without authority:
1. Fails to go to his appointed place of duty at the time
prescribed;
2. Goes from that place; or
3. Absents himself or remains absent from his unit, organization
or place of duty at which he is required to be at the time prescribed,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
Any person subject to
this Code who through neglect or design misses the movement of a ship,
aircraft or unit with which he is required in the course of duty to move
shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
Any person subject to
this Code who uses contemptuous words against the President, the Governor
or the Legislature of this state, or the governor or legislature of any
state, territory, commonwealth or possession wherein that person may be
serving, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
Any
person subject to this Code who behaves with disrespect toward his
superior commissioned officer shall be punished as a court-martial may
direct.
(Added to NRS by 1967, 1332)
Any person subject to this Code who:
1. Strikes his superior commissioned officer or draws or lifts up
any weapon or offers any violence against him while he is in the
execution of his office; or
2. Willfully disobeys a lawful command of his superior
commissioned officer,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
Any warrant officer or enlisted member who:
1. Strikes or assaults a warrant officer or noncommissioned
officer while that officer is in the execution of his office;
2. Willfully disobeys the lawful order of a warrant officer or
noncommissioned officer; or
3. Treats with contempt or is disrespectful in language or
deportment toward a warrant officer or noncommissioned officer while that
officer is in the execution of his office,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
Any person
subject to this Code 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 Nevada National Guard, which it is his duty to obey, fails to obey
the order; or
3. Is derelict in the performance of his duties,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1332)
Any person subject to this
code 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.
(Added to NRS by 1967, 1332)
1. Any person subject to this Code who:
(a) 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.
(b) 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.
(c) Fails to do his utmost to prevent and suppress a mutiny or
sedition being committed in his presence, or fails to take all reasonable
means to inform his superior commissioned officer or commanding officer
of a mutiny or sedition which he 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.
(Added to NRS by 1967, 1332)
Any person subject to this
Code who resists apprehension or breaks arrest or who escapes from
physical restraint lawfully imposed shall be punished as a court-martial
may direct.
(Added to NRS by 1967, 1333)
Any
person subject to this Code 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, whether or not the prisoner was committed in strict
compliance with law.
(Added to NRS by 1967, 1333)
Any person subject to this Code
who, except as provided by law or regulation, apprehends, arrests or
confines any person shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
Any person
subject to this Code who:
1. Is responsible for unnecessary delay in the disposition of any
case of a person accused of an offense under this Code; or
2. Knowingly and intentionally fails to enforce or comply with any
provision of this Code regulating the proceedings before, during or after
trial of an accused,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
Any person subject to this
Code who before or in the presence of the enemy:
1. Runs away;
2. Shamefully abandons, surrenders or delivers up any command,
unit, place or military property which it is his 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 organized militia;
8. Willfully fails to do his utmost to encounter, engage, capture
or destroy any enemy troops, combatants, vessels, aircraft or any other
thing, which it is his 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,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
Any person subject
to this Code who compels or attempts to compel the commander of any force
of the Nevada National Guard or of the National Guard of any other state
to give it up to an enemy or to abandon it, or who strikes the colors or
flag to any enemy without proper authority, shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1333)
Any person subject to
this Code who in time of war 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 his knowledge, he was authorized and
required to give shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1333)
Any person subject to this Code
who forces a safeguard shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
1. All persons subject to this Code shall secure all public
property taken from the enemy for the service of the United States, 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 this Code who:
(a) Fails to carry out the duties prescribed in subsection 1;
(b) Buys, sells, trades or in any way deals in or disposes of
captured or abandoned property, whereby he receives or expects any
profit, benefit or advantage to himself or another directly or indirectly
connected with himself; or
(c) Engages in looting or pillaging,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
Any person subject to this Code who:
1. Aids, or attempts to aid, the enemy 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 enemy, either directly or indirectly,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
Any person subject to this
Code who, while in the hands of the enemy in time of war:
1. For the purpose of securing favorable treatment by his captors
acts without proper authority in a manner contrary to law, custom or
regulation, to the detriment of others of whatever nationality held by
the enemy as civilian or military prisoners; or
2. While in a position of authority over such persons maltreats
them without justifiable cause,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
Any person subject
to this Code 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.
(Added to NRS by 1967, 1334)
Any person subject to this Code 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 lost, damaged,
destroyed, sold or wrongfully disposed of,
Ê any military property of the United States or of the State shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1334)
Any person subject to this Code 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 the State shall be punished as a court-martial
may direct.
(Added to NRS by 1967, 1334)
1. Any person subject to this Code who willfully and wrongfully
hazards or suffers to be hazarded any vessel of the Armed Forces of the
United States or of the Nevada National Guard shall be punished as a
court-martial may direct.
2. Any person subject to this Code who negligently hazards or
suffers to be hazarded any vessel of the Armed Forces of the United
States or of the Nevada National Guard shall be punished as a
court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to
this Code who operates any vehicle while drunk, or in a reckless or
wanton manner, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to this Code who is found drunk on duty or
sleeping upon his post, or who leaves his post before he is regularly
relieved, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to this Code 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.
(Added to NRS by 1967, 1335)
Any person subject to this Code who for
the purpose of avoiding work duty or service in the Nevada National Guard:
1. Feigns illness, physical disablement, mental lapse or
derangement; or
2. Intentionally inflicts self-injury,
Ê shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to this
Code who causes or participates in any riot or breach of the peace shall
be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to
this Code who uses provoking or reproachful words or gestures towards any
other person subject to this Code shall be punished as a court-martial
may direct.
(Added to NRS by 1967, 1335)
Any person
subject to this Code who wrongfully and fraudulently takes and carries
away the personal goods of another, of the value of less than $100, with
intent to steal it, shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any person subject to this Code who in a
judicial proceeding or in a course of justice conducted under this Code
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.
(Added to NRS by 1967, 1335)
Any person subject to
this Code:
1. Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the 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,
the State or any officer thereof;
2. Who, for the purpose of obtaining the approval, allowance or
payment of any claim against the United States, the 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;
3. Who, having charge, possession, custody or control of any money
or other property of the United States or the State, furnished or
intended for the Armed Forces of the United States or the Nevada National
Guard or any force thereof, knowingly delivers to any person having
authority to receive it any amount thereof less than that for which he
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 the State, furnished
or intended for the Armed Forces of the United States or the Nevada
National Guard or any force thereof, 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 the
State,
Ê shall upon conviction, be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
Any commissioned
officer who is convicted of conduct unbecoming an officer shall be
punished as a court-martial may direct.
(Added to NRS by 1967, 1336; A 1975, 800)
Though not specifically mentioned in this Code, all disorders and
neglects to the prejudice of good order and discipline in the Nevada
National Guard of which persons subject to this Code may be guilty must
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 and
jurisdiction may not be extended to the crimes of murder, manslaughter,
sexual assault, larceny and wrongful appropriation for value of $100 and
over, robbery, mayhem, arson, extortion, assault, burglary, invasion of
the home or the infamous crime against nature, jurisdiction of which is
reserved to civil courts, except as otherwise provided in NRS 412.322
.
(Added to NRS by 1967, 1336; A 1977, 1635; 1989, 1454; 1997, 1615)
Miscellaneous Provisions
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 this Code whose conduct is subject to
inquiry must be designated as a party. Any person subject to this Code or
employed in the office who has a direct interest in the subject of
inquiry has the right to be designated as a party upon request of the
court. Any person designated as a party must 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 of 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. Court 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 must 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 must be signed by a
member in lieu of the president. If the record cannot be authenticated by
the counsel for the court, it must be signed by a member in lieu of the
counsel.
(Added to NRS by 1967, 1336; A 1993, 1613)
NRS 412.254 , 412.256
, 412.266 to 412.302 ,
inclusive, 412.332 , 412.336 , 412.362 ,
412.406 , 412.452 to 412.556 ,
inclusive, and 412.566 to 412.572
, inclusive, must be carefully explained
to every enlisted member at the time of his enlistment or transfer or
induction into, or at the time of his being ordered to duty in or with,
any of the state military forces or within 30 days thereafter. Those
sections must also be explained annually to each unit of the state
military forces. A complete text of this Code and Office regulations
thereunder must be made available to any member of the militia, upon his
request, for his personal examination.
(Added to NRS by 1967, 1337; A 1993, 1614)
Any member of
the militia who believes himself wronged by his 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 Adjutant General’s office.
(Added to NRS by 1967, 1337)
1. Whenever complaint is made to any commanding officer that
willful damage has been done to the property of any person or that his
property has been wrongfully taken by members of the Nevada National
Guard, he may, subject to Office regulations, convene a board to
investigate the complaint. The board must consist of from one to three
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 him must 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, 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
military fund of the unit or units of the Nevada National Guard to which
such offenders belong.
3. Any person subject to this Code who is accused of causing
willful damage to property has the right to be represented by counsel, to
summon witnesses in his behalf and to cross-examine those appearing
against him. He has the right to appeal to the next higher commander.
(Added to NRS by 1967, 1337; A 1993, 1614)
1. In the Nevada National Guard not in federal service, military
courts are empowered to issue all process and mandates, including writs
and warrants, necessary and proper to carry into full effect the powers
vested in such courts. Such process and mandates may be directed to the
provost marshal, the sheriff of any county, and the constables and
marshals of any town or city. All officers to whom such process or
mandates are directed shall execute the same and make return of their
acts thereunder according to the requirements of the same.
2. The keepers and wardens of all city, county and city, and
county jails shall receive the bodies of persons committed by the process
or mandate of a military court and confine them in the manner prescribed
by law.
3. Except as otherwise specially provided in this Code, no fees or
charges of any nature shall be demanded or required to be paid by the
State, or any military court or member thereof, or by the person
executing its mandate or process, or by any public officer for receiving,
executing or returning any such process or mandate, or for any service in
connection therewith, or for receiving or confining the person in jail or
custody thereunder.
(Added to NRS by 1967, 1338)
1. For the purpose of collecting fines or penalties imposed by a
court-martial, the president of any general or special court-martial and
the summary court officer of any summary court-martial shall make a list
of all fines and penalties and of the persons against whom they have been
imposed, and may thereafter issue a warrant under his hand directed to
any sheriff or constable of the county, commanding him to levy and
collect such fines, together with the costs, upon and out of the property
of the person against whom the fine or penalty was imposed.
2. Such warrant shall be executed and renewed in the same manner
as executions from Justice Courts are executed and renewed.
3. 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 in to the military court which imposed
the fine and shall be paid over by the officer receiving it in like
manner as provided for other fines and moneys collected under a sentence
of a summary court-martial.
4. All fines collected shall be paid by the officer collecting the
same to the commanding officer of the organization of which the person
fined is or was a member and accounted for by the commanding officer in
the same manner as are other state funds.
(Added to NRS by 1967, 1338)
No action or
proceeding may be prosecuted 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.
(Added to NRS by 1967, 1338)
The jurisdiction of the
military courts and boards established by this Code 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.
(Added to NRS by 1967, 1338)
The
Governor may delegate any authority vested in him under this Code, and
may provide for the subdelegation of any such authority, except with
respect to the power given him by NRS 412.316 and 412.324 .
(Added to NRS by 1967, 1338)
UNLAWFUL ACTS AND PENALTIES
1. When the Governor or Adjutant General orders the return to the
State of any arms, equipment, military stores or other military property
belonging to the State, or for which the State is responsible, such arms
and military property shall be delivered immediately to the officer
authorized in the order to receive it, who shall give a receipt for the
property and describe its condition in the receipt. If the property
mentioned in the order is not promptly delivered as directed, the officer
named in the order may take immediate possession of the same in the name
of the State.
2. Any person who fails to deliver military property as prescribed
by subsection 1 or resists any officer in the performance of the duty
required of him by subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1967, 1339)
It is
unlawful for any officer in charge of public property for military use to
transfer any portion thereof, either as a loan or permanently, without
the authority of the Governor or Adjutant General.
(Added to NRS by 1967, 1339)
It is
unlawful for any member of the Nevada National Guard to wear, when on or
off duty, any uniform or any device, strap, knot or insigne of any design
or character used as a designation of grade, rank or office, such as are
by law or regulation, duly promulgated, prescribed for the use of the
Nevada National Guard without the permission of his commanding officer.
(Added to NRS by 1967, 1339)
1. The Nevada National Guard shall be uniformed as the United
States Army or United States Air Force, respectively, are uniformed,
except that the authorized shoulder patch of the Nevada National Guard
will be worn on the left shoulder of the outer garment.
2. Whoever, in any place within the jurisdiction of this state,
without authority, wears the uniform of the Nevada National Guard or a
distinctive part thereof or anything similar to a distinctive part
thereof is guilty of a misdemeanor.
(Added to NRS by 1967, 1339)
1. Any person who trespasses upon any armory, arsenal, camp,
range, base or other facility of the Nevada National Guard or other place
where any unit of the Nevada National Guard is performing military duty,
including training, or who in any way or manner interrupts or molests the
discharge of military duties by any member of the Nevada National Guard
or of the Armed Forces of the United States or who trespasses or prevents
the passage of troops of the Nevada National Guard or of the Armed Forces
of the United States in the performance of their military duties may:
(a) Be placed in arrest by the commanding officer, or his
designated representative, of the unit performing such military duty at
the place where the offense is committed and may be held in arrest during
the continuance of the performance of such military duty, but not to
exceed 12 hours; and
(b) Be subject to arrest and punishment by a court of competent
jurisdiction for a breach of the peace.
2. The commanding officer or his designated representative, of any
unit of the Nevada National Guard performing military duty in or at any
armory, arsenal, camp, range, base or other facility of the Nevada
National Guard or other place where such unit is performing military duty
may prohibit persons who hawk, peddle, vend or sell goods, wares,
merchandise, food products or beverages upon the streets and highways
from conducting sales or auctions, and may prohibit all gambling within
the limits of such armory, arsenal, camp, range, base or other facility
of the Nevada National Guard or other place where such unit is performing
military duty or within such limits not exceeding 1 mile therefrom as he
may prescribe. Such commanding officer may in his discretion abate as
common nuisances all such sales, auctions and gambling.
3. Nothing in subsection 2 applies to licensed gambling
establishments located within 1 mile of the facilities designated in
subsection 2.
4. Any person violating any provision of subsection 2 by
conducting prohibited sales, auctions or gambling is guilty of a
misdemeanor.
(Added to NRS by 1967, 1339)
The Nevada National Guard in the performance of its
military duties has the right-of-way over any persons or vehicles on any
public street or highway of this state, except United States mail
carriers, fire apparatus and other emergency vehicles. Any person who
hinders or delays, or obstructs, the Nevada National Guard in the
performance of its military duties is guilty of a misdemeanor.
(Added to NRS by 1967, 1340)
1. It is unlawful for any body of persons whatever, other than the
Nevada National Guard and the troops of the United States, to associate
themselves together as a military company or organization to drill or
parade with arms in any city or town of this state, without the license
of the Governor, which license may at any time be revoked.
2. Students in educational institutions where military science is
a part of the course of instruction may, with the consent of the
Governor, drill and parade with arms in public under the superintendence
of their instructor.
3. Nothing contained in this section shall be construed so as to
prevent members of benevolent or social organizations from wearing swords.
4. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
(Added to NRS by 1967, 1340; A 1975, 800)
1. No person, firm, association, corporation or state or local
governmental entity may, by any constitution, rule, bylaw, resolution,
vote, regulation, order or other action, discriminate against any member
of the Nevada National Guard because of his membership therein.
2. Any person who willfully aids in enforcing any such
constitution, rule, bylaw, resolution, vote, regulation, order or other
action against any member of the Nevada National Guard is guilty of a
misdemeanor.
(Added to NRS by 1967, 1340; A 1985, 758)
