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Session Laws, 2003
Volume 799, Page 663   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

enlisted man "when entitled to same" for clarity.

In subsection (a)(2)(viii) of this section, the references to an "individual"
are substituted for the former references to a "person". See General
Revisor's Note to title.

In subsection (a)(2)(xv) of this section, the reference to an "order arising
from an order to call out the National Guard or militia" is substituted for
the former reference to an "order issued in obedience thereto" for clarity.

Also in subsection (a)(2)(xv) of this section, the reference to "refus[ing] or
neglect[ing] to obey an order to call out the National Guard or militia" is
substituted for the former phrase to "do[ing] the like" for clarity.

In subsection (a)(2)(xvi) of this section, a comma is added between the
terms "certificate" and "account" as these are two separate items.

Also in subsection (a)(2)(xvi) of this section, the former term "parade
return" is deleted as included in the reference to a "muster". Similarly, the
former reference to a "meeting or instruction" is deleted as included in the
reference to "other duty".

In subsection (a)(2)(xvii) of this section, the former reference to conduct
unbecoming a "gentleman" is deleted as included in the reference to
conduct unbecoming "an officer".

In subsection (b)(10) of this section, the term "damaging" is substituted for
the former term "injuring" for clarity.

Defined term: "National Guard" § 13-101

13-804. POWER OF PRESIDING MILITARY JUDGE OR OFFICER

THE MILITARY JUDGE OR OFFICER PRESIDING OVER A COURT-MARTIAL MAY:

(1)      ISSUE A WARRANT TO ARREST AND BRING BEFORE THE COURT FOR
TRIAL AN ACCUSED INDIVIDUAL WHO HAS RECEIVED A COPY OF THE CHARGE AND
AN ORDER TO APPEAR AND WHO FAILS TO APPEAR BEFORE THE COURT-MARTIAL;

(2)      ISSUE A SUBPOENA TO ATTEND, GIVE TESTIMONY, OR PRODUCE
DOCUMENTS OR OTHER TANGIBLE THINGS;

(3)      ENFORCE BY ATTACHMENT THE ATTENDANCE OF WITNESSES AND
THE PRODUCTION OF DOCUMENTS AND OTHER TANGIBLE THINGS; AND

(4)      IMPOSE A SENTENCE FOR A REFUSAL TO BE SWORN OR TO ANSWER
AS PROVIDED IN ACTIONS BEFORE CIVIL COURTS.

REVISOR'S NOTE: This section is new language derived without substantive
change from the third paragraph of former Art. 65, § 44, as it related to the
authority of an individual presiding over a court-martial.

In the introductory language of this section, the reference to the "officer"
presiding over a court-martial is substituted for the former reference to

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Session Laws, 2003
Volume 799, Page 663   View pdf image
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