Page:2021 North Dakota Session Laws.pdf/1126

Military MILITARY

CHAPTER 268

SENATE BILL NO. 2115

(Government and Veterans Affairs Committee)

(At the request of the Adjutant General)

AN ACT to amend and reenact section 37-01-03 and 37-01-43, and subsection 8 of section 37-26-01 of the North Dakota Century Code, relating to the operation of the North Dakota national guard.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 37-01-03 of the North Dakota Century Code is amended and reenacted as follows:

37-01-03. Articles of uniform code of military justice applicable in state Regulations governing - Punishment for offenses while on duty.

The articles of uniform code of military justice governing the armed forces of the United States as codified in the Manual for Courts-Martial, United States, 20162019 edition, are a part of this title so far as the samearticles are applicable and not modified by any provision of this title. A personAn individual who commits an offense while on military duty status, to includeincluding state active duty, may be tried by a court-martial lawfully appointed even after suchthe duty has terminated, and if found guilty, the accused must be punished according to the articles of uniform code of military justice and the rules and regulations governing the armed forces of the United States and, within the limits prescribed in this title and by federal law for the courts-martial in the national guard. In any case in which the personindividual alleged to have committed the offense could be charged either under the code of military justice or the civil law of this state, the officer whose duty it is to approve suchthe charge, in the officer's discretion, may order the person charged or subject to being charged to be turned over to the civil authorities for trial. Commanders may administer nonjudicial punishment for offenses while on military duty status, to includeincluding state active duty, in accordance with part V, Manual for Courts-Martial, except that the service member may not demand a trial by courts-martial. WheneverWhen reference is made to the articles of uniform code of military justice, to the military service, or to the armed forces of the United States, suchthe reference shallmust be deemed to include the military service of this state. The intent of this title and of all lawsLaws of this state affecting the military forces ismust be construed to conform to all acts and regulations of the United States affecting the same subjects, and all laws of this state shall be construed to effect this purpose.

SECTION 2. AMENDMENT. Section 37-01-43 of the North Dakota Century Code is amended and reenacted as follows:

37-01-43. North Dakota military civil relief act.