Chapter 40 - Military Justice

Section 40.005 - Definitions - law applicable to all state military forces not in federal service
Section 40.007 - Discharge obtained by fraud - desertion - separation from service while proceedings are pending, jurisdiction of court
Section 40.010 - Dismissal of commissioned officer, by governor - right to trial, procedure - discharge substituted for dismissal, when - reappointment - no right to trial, when
Section 40.015 - Jurisdiction of military courts
Section 40.017 - State judge advocate, appointment, qualifications - assistant judge advocates, appointment, qualifications, restrictions
Section 40.020 - Apprehension defined - authority to apprehend, when
Section 40.023 - Absent without leave, authority to apprehend - offender outside state, procedure
Section 40.025 - Arrest - confinement - definitions - probable cause required - procedure - enlisted member - commissioned officer
Section 40.030 - Orders for arrest and confinement, when - certain offenses, confinement not required - defendant's rights - power to issue warrants - bail, when
Section 40.035 - Confinement, where
Section 40.036 - Jails and prisons required to keep prisoners, when - official's duties
Section 40.038 - Confinement requirements - other punishment prohibited - exception
Section 40.040 - Civil offenses, delivery to civil authority for trial - offender also sentenced to court-martial to be returned to military, when
Section 40.043 - Disciplinary punishment for minor offenses, no court-martial required - appeal procedure - right of accused to trial by court-martial
Section 40.050 - Personnel serving on courts for courts-martial - branches of National Guard, jurisdiction
Section 40.055 - General courts-martial, jurisdiction - punishment
Section 40.060 - Special courts-martial, jurisdiction - punishment - exceptions
Section 40.065 - Summary courts-martial, jurisdiction - punishment - objection by accused, trial by general or special courts-martial
Section 40.070 - Discharges or dismissals by courts-martial, requirements - governor's approval required
Section 40.075 - Sentence to confinement at one dollar a day instead of fine - limitations
Section 40.079 - Jurisdiction of courts-martial - accused of civil offense, release to civil authorities - accused of both civil and military offenses, released to civil authorities, when
Section 40.083 - Convening general courts-martial, persons authorized
Section 40.085 - Convening special courts-martial, persons authorized
Section 40.088 - Convening summary courts-martial, persons authorized
Section 40.090 - Eligibility to serve on courts-martial - members, how determined - unit, defined - ineligible persons
Section 40.095 - Military judge - appointment - qualifications - duties - restrictions
Section 40.098 - Trial counsel and defense counsel appointed, when - qualifications - restrictions
Section 40.100 - Court reporters, appointment, when
Section 40.105 - Members of general and special courts-martial required to be present, exceptions - members or military judge replaced, procedure
Section 40.108 - Charges - contents - oath - accused to be informed
Section 40.112 - Compelling self-incrimination prohibited - accused person's rights - violations not admitted in evidence
Section 40.114 - Impartial investigation of charges required - accused person's rights - demand for further investigation, procedure
Section 40.117 - Charges forwarded to officer exercising general court-martial jurisdiction, when - delay requirements
Section 40.119 - Referring charges for trial requirements to be met in general court-martial
Section 40.121 - Copy of charges served on accused by trial counsel - time requirement before he can be brought to trial
Section 40.124 - Procedure in military courts
Section 40.126 - Attempts to influence or coerce court prohibited - exceptions
Section 40.128 - Trial counsel, duties - defense counsel, duties - accused's right to provide civilian counsel or choose military - assistant counsels, duties
Section 40.130 - Pretrial motions, arraignment, pleas, court in session without members - proceedings to be in presence of accused and counsel - exceptions, vote and deliberations of members
Section 40.133 - Continuances, granted, when
Section 40.135 - Challenges, general or special court-martial
Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters
Section 40.141 - Time limitation to bring action - war time, certain offenses no limitation - computation
Section 40.144 - Res judicata to apply, when - exception not a bar to civilian prosecution
Section 40.148 - Not guilty plea, entered when
Section 40.150 - Witnesses and evidence, authority to obtain
Section 40.153 - Witness, willful failure to appear or to produce evidence, penalty - prosecutor shall prosecute
Section 40.155 - Contempt, authority of military court - penalties
Section 40.157 - Depositions authorized, when - procedure - exception - admitted into evidence, when
Section 40.160 - Sworn testimony in court of inquiry, record admissible in evidence, when - exception
Section 40.165 - Voting by members, procedure, general or special court-martial - instructions, content - exceptions - judge to rule on all questions of law
Section 40.168 - Conviction to be by concurrence, exception - general court-martial majority, when - tie vote on challenge, effect
Section 40.170 - Sentence and findings announced, when
Section 40.173 - Record of proceedings authentication - verbatim, record not required when - copy to be furnished accused, when
Section 40.175 - Cruel and unusual punishment prohibited
Section 40.178 - Punishment, governor may prescribe limits
Section 40.180 - Sentence, forfeiture of pay or allowance, effective when - confinement, begins to run, when, exceptions, how computed - defer service of sentence, when
Section 40.183 - Sentence of confinement, where served - hard labor may be required - fee for keeping prisoner authorized
Section 40.185 - Sentence, convening authority may approve, suspend or commute
Section 40.190 - Trial record review by reviewing authority
Section 40.193 - Opinion on general court-martial - drafted by whom - acquittal, limitations
Section 40.195 - Record returned for reconsideration, when
Section 40.198 - Rehearing limitations - dismissal of charges, when
Section 40.200 - Sentence, approval by convening authority - powers
Section 40.203 - Review - prohibited, when - general court-martial - bad conduct discharge, special court-martial - all other special and summary courts-martial
Section 40.205 - Record of trial examined by judge advocate - board of review to review, when
Section 40.208 - Boards of review - appointment - membership - qualifications - powers and duties
Section 40.210 - Error of law, findings or sentence not incorrect unless prejudicial to rights of accused
Section 40.214 - Appeals, when - accused's right to civilian counsel provided by him or military counsel - appellate military counsel, qualifications
Section 40.216 - Sentence approval by governor required, when - governor's powers - sentence approval by convening authority, powers
Section 40.218 - Probationer, violations - hearing, rights of probationer to counsel - procedure
Section 40.220 - New trial, petition by accused when, grounds - time limitation
Section 40.225 - Sentence, unexecuted portion - powers to remit or suspend, exception - discharge or dismissal ordered by governor, when
Section 40.228 - Sentence set aside or disapproved all rights restored, exception - dishonorable or bad-conduct discharge not sustained, effect - dismissal not sustained, effect
Section 40.230 - Sentences, proceedings, findings are final, exception - appeal on questions of law to state and federal courts
Section 40.231 - Appeals from final decisions, how made
Section 40.234 - Duty status required for conviction on certain offenses
Section 40.237 - Principal in actions defined
Section 40.240 - Assists offender, how punished
Section 40.245 - Attempt to commit offense may be part of offense
Section 40.250 - Attempt to commit offense even though failing in commission is offense, when
Section 40.255 - Conspirators, deemed to have committed offense, when
Section 40.260 - Advising or soliciting - desertion - mutiny - misbehavior before a hostile force - sedition - offense performed, punishment - not performed, punishment
Section 40.265 - False representation to procure enlistment - appointment - separation - court-martial proceedings
Section 40.270 - Ineligible persons - enlisted, appointed, or separated from service, person effecting - court-martial
Section 40.273 - Desertion, defined - punishment by court-martial
Section 40.276 - Absent from place of duty - court-martial
Section 40.278 - Missing ship, aircraft or unit - court-martial
Section 40.280 - Contemptuous words, used against certain officials - court-martial
Section 40.285 - Disrespect to superior commissioned officer - court-martial
Section 40.290 - Violence or willfully disobeying command of superior commissioned officer
Section 40.295 - Strikes, assaults or willfully disobeys, warrant officer - noncommissioned officer - petty officer, court-martial, when
Section 40.300 - Orders - failure or dereliction in obeying - court-martial
Section 40.305 - Cruelty or maltreatment of persons subject to his orders - court-martial
Section 40.307 - Mutiny - sedition - attempted mutiny or sedition - failure to suppress or inform - offenses, court-martial
Section 40.310 - Arrest, resists or breaks - escape from confinement - court-martial
Section 40.312 - Escape by neglect or improper release of prisoners - court-martial
Section 40.315 - False apprehension, arrest, confinement - court-martial
Section 40.320 - Delay in case - failure to enforce regulation of proceedings - court-martial
Section 40.325 - Hostile force, in presence of, commits certain offenses - court-martial
Section 40.328 - Attempts to compel officer to surrender to enemy or to strike colors without proper authority - court-martial
Section 40.330 - Parole or countersign giving to person not entitled or giving improperly to entitled person - court-martial
Section 40.335 - Forcing a safeguard, court-martial
Section 40.340 - Public property, duty to secure when taken from hostile forces - failure to turn over to proper authority - court-martial
Section 40.350 - Hostile forces, aid - court-martial
Section 40.355 - Hostile forces, capture - conduct improper - court-martial
Section 40.360 - Signs official documents with intent to deceive - court-martial
Section 40.365 - Military property - sells, neglects, damages, destroys, loses - court-martial
Section 40.370 - Property, not military - willfully, recklessly wastes or spoils - court-martial
Section 40.375 - Hazarding vessels of the United States or state, causing to be hazarded - court-martial
Section 40.380 - Leaving post while on duty - use of drugs, drunkenness, sleeping on duty - court-martial
Section 40.385 - Fighting - promoting a fight or duel, failure to report - court-martial
Section 40.387 - Avoiding work, duty or service - court-martial
Section 40.390 - Riot or breach of the peace, causing or participating - court-martial
Section 40.395 - Provocative gestures or words, constituting a threat of violence - court-martial
Section 40.398 - Perjury - giving a false oath or false testimony in a matter of inquiry - court-martial
Section 40.400 - False claims against United States or state - forgery or counterfeiting signatures - property or money, failure to deliver with intent to defraud - court-martial
Section 40.405 - Larceny or wrongful appropriation of property - court-martial
Section 40.408 - Officer's conduct, unbecoming to an officer and a gentleman - court-martial
Section 40.410 - Neglecting or prejudicing discipline of the military - bringing discredit to state military services - exceptions, court-martial
Section 40.415 - Military property, purchasing or receiving in pawn or pledge - court-martial
Section 40.420 - Courts of inquiry, duties, how convened - members of court - counsel, appointment - parties to inquiry, how determined, procedure - records
Section 40.425 - Oaths, persons having authority to administer
Section 40.430 - Military justice - certain sections explained to enlisted members, when - complete text to be available on request
Section 40.435 - Complaints against commanding officer, procedure
Section 40.440 - Property of person damaged or taken, board convened to investigate, procedure
Section 40.445 - Processes and sentences of courts-martial executed by civil officers, fees, how paid
Section 40.450 - Process or mandates, authority to issue
Section 40.455 - Fines and costs imposed by military court, how paid
Section 40.460 - Civilian officers to execute required duties, failure to perform, penalty
Section 40.465 - Actions against convening authority or member of court, prohibited, when
Section 40.470 - Jurisdiction presumed, burden of proof
Section 40.475 - Governor's powers to delegate authority - exception
Section 40.480 - Purpose of military laws
Section 40.485 - Expenses, per diems, transportation for military personnel and civilians required to participate, how paid
Section 40.490 - Reemployment rights of persons ordered to active duty - attorney general to enforce rights
Section 40.495 - Severability of sections