T46CH11
Title 46 > T46CH11
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46-1101
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1101. short title. This act may be cited and referred to as the Idaho Code of Military Justice. History: [46-1101, added 2015, ch. 268, sec. 2, p. 1078.]
46-1102
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1102. model State code of military justice. The Model State Code of Military Justice is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: MODEL STATE CODE OF MILITARY JUSTICE PART I. GENERAL PROVISIONS ARTICLE 1. DEFINITIONS — GENDER NEUTRALITY (a) In this act, unless the context otherwise requires: (1) The term cadet, candidate, or midshipman means a person who is enrolled in or attending the United States military academy, the United States air force academy, the United States coast guard academy, officer candidate school, a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces; (2) The term duty status other than state active duty means any other type of duty not in federal service and not full-time duty in the active service of the state, under an order issued by authority of law and includes travel to and from such duty; (3) The term judge advocate means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state and is: (A) Certified or designated as a judge advocate in the judge advocate general’s corps of the army, air force, navy, or the marine corps or designated as a law specialist as an officer of the coast guard, or a reserve component of one of these; or (B) Certified as a nonfederally recognized judge advocate, under regulations promulgated pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code. If there is no such judge advocate available, then such certification may be made by such senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; (4) State means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands; (5) State active duty means full-time duty in the state military forces under an order of the governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from such duty; (6) Senior force judge advocate means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander’s chief legal advisor; (7) State military forces means the national guard of the state of Idaho, as defined in title 32 , United States Code, the organized naval militia of the state, and any other military force organized under the constitution and laws of the state of Idaho, not to include the unorganized militia, when not in a status subjecting them to exclusive jurisdiction under 10 U.S.C. ch
46-1103
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1103. Arrest. Arrest of members of the Idaho military not in federal service by members of the Idaho military while acting in their military capacity is prohibited, except in the following circumstances: (1) If any member fails or refuses to report to his appointed place of duty, his commanding officer in the rank of major or above is authorized to arrest or cause to be arrested such member and have him brought before the commanding officer at his unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport, or cause to be transported, such member to his appointed place of duty, whether within or without the borders of the state. Furthermore, if a commander, in the rank of major or above, finds that probable cause exists to believe that a minor offense has been committed by a member of his command, he may cause the member to be arrested and brought before him for the purpose of processing nonjudicial punishment under article 15 of the model state code of military justice as provided in section 46-1102 , Idaho Code. If military personnel are not available for the purpose of making the arrest or if the officer ordering the arrest deems it advisable, he may issue a warrant to any sheriff or peace officer authorized to serve warrants of arrest, and such sheriff or peace officer shall serve such warrants of arrest immediately, whenever practicable, and make return thereof to the commanding officer issuing the warrant. Upon receipt of the notification of arrest, the commanding officer shall direct that the arrestee be retrieved and brought before him within a reasonable time. Warrants issued under this subsection shall be the equivalent of a misdemeanor warrant issued by a court of the state of Idaho. (2) If any member of the Idaho military has had charges preferred against him under this chapter, and the convening authority to whom the charges have been forwarded has found that probable cause exists that the offense was committed by the accused and that the incarceration of the accused pending court-martial is required because of special circumstances found to exist which warrant such incarceration, then the convening authority is authorized to arrest such member or cause him to be arrested and have him confined pending trial. If military personnel are not available for the purpose of making the arrest, or if the convening authority deems it advisable, he may issue a warrant to any sheriff or peace officer authorized to serve such warrant in the same manner as other warrants of arrest, and said sheriff or peace officer shall effect the arrest and hold the accused in the county jail of the county in which the arrest is effected. Upon receipt of the notification of arrest, in accordance with the provisions of section 46-1102 , Idaho Code, the comm
46-1104
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1104. Regulatory authority. The adjutant general shall have authority to promulgate such regulations as he deems necessary and proper to carry out the intent of this code. History: [46-1104, added 2015, ch. 268, sec. 2, p. 1121.]
46-1105
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1105. Immunity. All persons acting under the provisions of this chapter, whether as a member of the military or as a civilian, shall be immune from any personal liability for any of their acts or omissions which they did or failed to do as part of their duties under this chapter. History: [46-1105, added 2015, ch. 268, sec. 2, p. 1121.]
46-1106
TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 11 IDAHO CODE OF MILITARY JUSTICE 46-1106. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act. History: [46-1106, added 2015, ch. 268, sec. 2, p. 1121.]