Amends existing law to revise terminology and to revise provisions regarding restraint and nonjudicial punishment in the Model State Code of Military Justice.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 507 BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT1 RELATING TO MILITIA AND MILITARY AFFAIRS; AMENDING SECTION 46-1102, IDAHO2 CODE, TO REVISE DEFINITIONS, TO REVISE TERMINOLOGY, TO REVISE PRO-3 VISIONS REGARDING APPREHENSION AND RESTRAINT, TO REVISE PROVISIONS4 REGARDING NONJUDICIAL PUNISHMENT, TO REVISE PROVISIONS REGARDING COUN-5 SEL QUALIFICATIONS, AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN6 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 46-1102, Idaho Code, be, and the same is hereby9 amended to read as follows:10 46-1102. MODEL STATE CODE OF MILITARY JUSTICE. The "Model State Code11 of Military Justice" is hereby enacted into law and entered into by this12 state with any other states legally joining therein in the form substan-13 tially as follows:14 MODEL STATE CODE OF MILITARY JUSTICE15 PART I. GENERAL PROVISIONS16 ARTICLE 1. DEFINITIONS -- GENDER NEUTRALITY17 (a) In this act, unless the context otherwise requires:18 (1) The term "cadet," or "candidate," or "midshipman" means a person19 who is enrolled in or attending the United States military academy, the20 United States air force academy, the United States coast guard academy,21 officer candidate school, a state military academy, a regional training22 institute, or any other formal education program for the purpose of be-23 coming a commissioned officer in the state military forces;24 (2) The term "duty status other than state active duty" means any other25 type of duty not in federal service and not full-time duty in the active26 service of the state, under an order issued by authority of law and in-27 cludes travel to and from such duty;28 (3)(A) The term "judge advocate" means a commissioned officer of29 the organized state military forces who is a member in good stand-30 ing of the bar of the highest court of a state, territory, common-31 wealth, or the District of Columbia and is:32 (A) (i) Certified or designated as a judge advocate in the33 judge advocate general's corps of the army, air force, navy,34 or the marine corps, space force, or designated as a law spe-35 cialist as an officer of the coast guard, or a reserve compo-36 nent of one of these; or37

2 (B) (ii) Certified as a nonfederally recognized judge ad-1 vocate, under regulations promulgated pursuant to this pro-2 vision, by the senior judge advocate of the commander of the3 force in the state military forces of which the accused is a4 member, as competent to perform such military justice duties5 required by this code. If there is no such judge advocate6 available, then such certification may be made by such se-7 nior judge advocate of the commander of another force in the8 state military forces, as the convening authority directs;9 (B) A judge advocate who is not licensed to practice law in this10 state may practice military law in this state if such judge advo-11 cate is in active duty status under:12 (i) 10 U.S.C.; or13 (ii) 32 U.S.C.;14 (4) "State" means one of the several states, the District of Columbia,15 the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands;16 (5) "State active duty" means full-time duty in the state military17 forces under an order of the governor or otherwise issued by authority18 of law, and paid by state funds, and includes travel to and from such19 duty;20 (6) "Senior force judge advocate" means the senior judge advocate of21 the commander of the same force of the state military forces as the ac-22 cused and who is that commander's chief legal advisor;23 (7) "State military forces" means the national guard of the state of24 Idaho, as defined in title 32, United States Code, the organized naval25 militia of the state, 32 U.S.C., and any other military force organized26 under the constitution and laws of the state of Idaho, not to include27 the unorganized militia, when not in a status subjecting them to exclu-28 sive jurisdiction under 10 U.S.C. chapter 47. The unorganized militia,29 state defense force, state national guard, home guard or any other name30 of any state force that does not meet this definition shall not be part31 of the "state military forces" under this code;32 (8) "Senior force commander" means the commander of the same force of33 the state military forces as the accused;34 (9) "Commanding officer" means only commissioned officers;. A commis-35 sioned officer who, by virtue of that officer's grade and assignment,36 exercises primary command authority over a state militia organization37 or prescribed territorial area under pertinent official directives is38 recognized as a commanding officer. "Commanding officer" shall include39 officers in charge when administering nonjudicial punishment under40 article 15 of this code. The term "commander" has the same meaning as41 "commanding officer" unless the context otherwise requires;42 (10) "Superior commissioned officer" means a commissioned officer su-43 perior in rank, grade, or command;44 (11) "Military" means any or all of the state military forces;45 (12) "Accuser" means a person who signs and swears to charges, any46 person who directs that charges nominally be signed and sworn to by an-47 other, and any other person who has an interest other than an official48 interest in the prosecution of the accused;49

3 (13) "Military judge" means an official of a general or special court-1 martial detailed in accordance with article 26;2 (14) "Legal officer" means any commissioned officer designated as a3 judge advocate to perform legal duties for a command;4 (15) "Record," when used in connection with the proceedings of a court-5 martial, means:6 (A) An official written transcript, written summary, or other7 writing relating to the proceedings; or8 (B) An official audiotape, videotape, or similar material from9 which sound, or sound and visual images, depicting the proceedings10 may be reproduced;11 (16) "Classified information" means:12 (A) Any information or material that has been determined by an of-13 ficial of the United States pursuant to law, an executive order, or14 regulation to require protection against unauthorized disclosure15 for reasons of national security; and16 (B) Any restricted data, as defined in section 11(y) of the atomic17 energy act of 1954, 42 U.S.C. 2014(y);18 (17) "National security" means the national defense and foreign rela-19 tions of the United States;20 (18) "Military offenses" means those offenses prescribed under arti-21 cles 77 through 117, 123, 124a, 124b, and 131b through 134.22 (b) The use of the masculine gender throughout this code shall also in-23 clude the feminine gender.24 ARTICLE 2. PERSONS SUBJECT TO THIS CODE -- JURISDICTION25 (a) This code applies to all members of the state military forces when26 serving in a title 32 status or state active duty status as defined in article27 1(a)(5) of this code. This code does not apply to members serving in a title28 10 status or members of the unorganized militia as defined in section 46-102,29 Idaho Code.30 (b) Subject matter jurisdiction is established if a nexus exists be-31 tween an offense, either military or nonmilitary, and the state military32 force, regardless of duty status. Courts-martial convened by the governor33 or his designated representative have primary jurisdiction of military of-34 fenses as defined in article 1(a)(18) of this code. A proper civilian court35 has primary jurisdiction of a nonmilitary offense when an act or omission36 violates both this code and local criminal law, foreign or domestic. In such37 a case, a court-martial may be initiated only after the civilian authority38 has declined to prosecute or dismissed the charge, provided jeopardy has not39 attached. Jurisdiction over attempted crimes, conspiracy crimes, solicita-40 tion, and accessory crimes must be determined by the underlying offense.41 ARTICLE 3. JURISDICTION TO TRY CERTAIN PERSONNEL42 (a) Subject to article 43, a person who is in a status in which the43 person is subject to this chapter and who committed an offense against this44 chapter while formerly in a status in which the person was subject to this45

4 chapter is not relieved from amenability to the jurisdiction of this chapter1 for that offense by reason of a termination of that person's former status.2 (b) Each person discharged from the state military forces who is later3 charged with having fraudulently obtained his discharge is, subject to ar-4 ticle 43, subject to trial by court-martial on that charge and is, after ap-5 prehension, subject to this chapter while in the custody of the state mili-6 tary forces for that trial. Upon conviction of that charge, he is subject to7 trial by court-martial for all offenses under this chapter committed before8 the fraudulent discharge.9 (c) No person who has deserted from the state military forces may be re-10 lieved from amenability to the jurisdiction of this chapter by virtue of a11 separation from any later period of service.12 (d) A member of the state military forces who is subject to this chapter13 is not, by virtue of the termination of a period of active duty for training14 or inactive-duty training, relieved from amenability to the jurisdiction of15 this chapter for an offense against this chapter committed during such pe-16 riod of active duty or inactive-duty training.17 ARTICLE 4. DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL18 (a) If any commissioned officer, dismissed by order of the governor19 or his designated representative, makes a written application for trial by20 court-martial, setting forth, under oath, that he has been wrongfully dis-21 missed, the governor or his designated representative, as soon as practica-22 ble, shall convene a general court-martial to try that officer on the charges23 on which he was dismissed. A court-martial so convened has jurisdiction24 to try the dismissed officer on those charges, and he shall be considered25 to have waived the right to plead any statute of limitations applicable to26 any offense with which he is charged. The court-martial may, as part of its27 sentence, adjudge the affirmance of the dismissal, but if the court-martial28 acquits the accused or if the sentence adjudged, as finally approved or af-29 firmed, the adjutant general shall substitute for the dismissal ordered by30 the governor or his designated representative a form of discharge authorized31 for administrative issue.32 (b) If the governor or his designated representative fails to convene a33 general court-martial within six (6) months from the presentation of an ap-34 plication for trial under this article, the adjutant general shall substi-35 tute for the dismissal ordered by the governor or his designated representa-36 tive a form of discharge authorized for administrative issue.37 (c) If a discharge is substituted for a dismissal under this article,38 the governor or his designated representative alone may reappoint the offi-39 cer to such commissioned grade and with such rank as, in the opinion of the40 governor or his designated representative, that former officer would have41 attained had he not been dismissed. The reappointment of such a former offi-42 cer shall be without regard to the existence of a vacancy and shall affect the43 promotion status of other officers only insofar as the governor or his des-44 ignated representative may direct. All time between the dismissal and the45 reappointment shall be considered as actual service for all purposes, in-46 cluding the right to pay and allowances.47

5 (d) If an officer is discharged from any armed force by administrative1 action or is dropped from the rolls by order of the governor or his designated2 representative, he has no right to trial under this article.3 ARTICLE 5. TERRITORIAL APPLICABILITY OF THE CODE4 (a) This code has applicability at all times and in all places subject5 to the personal jurisdiction as provided in article 2 of this code, or, if6 not in a duty status, that there is a nexus between the act or omission con-7 stituting the offense and the efficient functioning of the state military8 forces; however, this grant of military jurisdiction shall neither preclude9 nor limit civilian jurisdiction over an offense, which is limited only by the10 prohibition of double jeopardy.11 (b) Courts-martial and courts of inquiry may be convened and held in12 units of the state military forces while those units are serving outside the13 state with the same jurisdiction and powers as to persons subject to this14 code as if the proceedings were held inside the state, and offenses commit-15 ted outside the state may be tried and punished either inside or outside the16 state.17 ARTICLE 6. JUDGE ADVOCATES AND LEGAL OFFICERS18 (a) The senior force judge advocates in each of the state's military19 forces or that judge advocate's delegates shall make frequent inspections in20 the field in supervision of the administration of military justice in that21 force.22 (b) Convening authorities shall at all times communicate directly with23 their staff judge advocates or legal officers in matters relating to the ad-24 ministration of military justice. The staff judge advocate or legal officer25 of any command is entitled to communicate directly with the staff judge advo-26 cate or legal officer of a superior or subordinate command, or with the state27 judge advocate.28 (c)(1) No person who, with respect to a case, serves in a capacity spec-29 ified in paragraph (2) of this subsection, may later serve as a staff30 judge advocate or legal officer to any reviewing or convening authority31 upon the same case.32 (2) The capacities referred to in paragraph (1) of this subsection are,33 with respect to the case involved, any of the following:34 (A) Preliminary hearing officer, court member, military judge,35 military magistrate, or appellate judge; or36 (B) Counsel who have acted in the same case or appeared in any pro-37 ceeding before a military judge, military magistrate, preliminary38 hearing officer, or appellate court.39 ARTICLE 6a. INVESTIGATION AND DISPOSITION OF MAT-40 TERS PERTAINING TO THE FITNESS OF MILITARY JUDGES41 (a) The governor or his designee shall prescribe procedures for the42 investigation and disposition of charges, allegations, or information per-43

6 taining to the fitness of a military appellate judge, military judge, or1 military magistrate to perform the duties of the position involved.2 (b) The governor or his designee shall transmit a copy of the proce-3 dures prescribed pursuant to this article to the appropriate committees of4 the Idaho senate and Idaho house of representatives.5 ARTICLE 6b. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THIS CODE6 (a) A victim of an offense under this code has the following rights:7 (1) The right to be reasonably protected from the accused.8 (2) The right to reasonable, accurate, and timely notice of any of the9 following:10 (A) A public hearing concerning the continuation of confinement11 prior to trial of the accused;12 (B) A preliminary hearing under article 32 relating to the of-13 fense;14 (C) A court-martial relating to the offense;15 (D) A public proceeding of the service clemency and parole board16 relating to the offense; and17 (E) The release or escape of the accused, unless such notice may18 endanger the safety of any person.19 (3) The right not to be excluded from any public hearing or proceed-20 ing described in paragraph (2) of this subsection unless the military21 judge or preliminary hearing officer, as applicable, after receiving22 clear and convincing evidence, determines that testimony by the victim23 of an offense under this chapter would be materially altered if the vic-24 tim heard other testimony at that hearing or proceeding.25 (4) The right to be reasonably heard at any of the following:26 (A) A public hearing concerning the continuation of confinement27 prior to trial of the accused;28 (B) A sentencing hearing relating to the offense; and29 (C) A public proceeding of the service clemency and parole board30 relating to the offense.31 (5) The reasonable right to confer with the counsel representing the32 government at any proceeding described in paragraph (2) of this subsec-33 tion.34 (6) The right to receive restitution as provided in law.35 (7) The right to proceedings free from unreasonable delay.36 (8) The right to be treated with fairness and with respect for the dig-37 nity and privacy of the victim of an offense under this code.38 (b) In this article, "victim of an offense under this code" means an in-39 dividual who has suffered direct physical, emotional, or pecuniary harm as a40 result of the commission of an offense under this code.41 (c) In the case of a victim of an offense under this code who is under42 eighteen (18) years of age, but who is not a member of the state military43 forces, incompetent, incapacitated, or deceased, the legal guardians of the44 victim or the representatives of the victim's estate, family members, or any45 other person designated as suitable by the military judge, may assume the46 rights of the victim under this article.47 (d) Enforcement by the Idaho state courts:48

7 (1) If the victim of an offense under this chapter believes that an ar-1 ticle 32 preliminary hearing ruling or a court-martial ruling violates2 the rights of the victim afforded by the provisions of this article, in-3 cluding provisions specified in subsection (a)(4) of this article, the4 victim may petition the Idaho state courts in accordance with the appli-5 cable rules of procedure of the Idaho state courts for a writ of mandamus6 to require the preliminary hearing officer or the court-martial to com-7 ply with the provisions of this article.8 (2) Paragraph (1) of this subsection applies with respect to the pro-9 tections afforded by the following:10 (A) The provisions of this article;11 (B) Military rule of evidence 513, relating to the psychothera-12 pist-patient privilege;13 (C) Military rule of evidence 514, relating to the victim advo-14 cate-victim privilege; and15 (D) Military rule of evidence 615, relating to the exclusion of16 witnesses.17 (e) Upon notice by counsel for the government to counsel for the accused18 of the name of an alleged victim of an offense under this article who counsel19 for the government intends to call as a witness at a proceeding under this ar-20 ticle, counsel for the accused shall make any request to interview the victim21 through the special victims' counsel or other counsel for the victim, if ap-22 plicable.23 (f) If requested by an alleged victim who is subject to a request for in-24 terview under subsection (e) of this article, any interview of the victim by25 counsel for the accused shall take place only in the presence of the counsel26 for the government, a counsel for the victim, or, if applicable, a victim ad-27 vocate.28 PART II. APPREHENSION AND RESTRAINT29 ARTICLE 7. APPREHENSION30 (a) Apprehension is the taking of a person into custody.31 (b) Any person authorized by this code or by 10 U.S.C. chapter 47, or by32 regulations issued under either, to apprehend persons subject to this code,33 any marshal of a court-martial appointed pursuant to the provisions of this34 code, and any peace officer or civil officer having authority to apprehend35 offenders under the laws of the United States or of a state, including, but36 not limited to, section 46-1103, Idaho Code, may do so upon probable cause37 that an offense has been committed and that the person apprehended committed38 it. However, no warrantless arrest is authorized for misdemeanor offenses39 under title 18, Idaho Code, that did not occur in the presence of the appre-40 hender.41 (c) Commissioned officers, warrant officers, petty officers, and non-42 commissioned officers have authority to quell quarrels, frays, and disor-43 ders among persons subject to this code and to apprehend persons subject to44 this code who take part therein.45

8 (d) If an offender is apprehended outside the state, the offender's re-1 turn to the area must be in accordance with normal extradition procedures or2 by reciprocal agreement.3 (e) No person authorized by this article to apprehend persons subject4 to this code or the place where such offender is confined, restrained, held,5 or otherwise housed may require payment of any fee or charge for so receiv-6 ing, apprehending, confining, restraining, holding, or otherwise housing a7 person except as otherwise provided by law.8 ARTICLE 8. APPREHENSION OF DESERTERS9 Any civil officer having authority to apprehend offenders under the laws of10 the United States or of a state, commonwealth, possession, or the District of11 Columbia may summarily apprehend a deserter from the state military forces12 and deliver him into the custody of those forces.13 ARTICLE 9. IMPOSITION OF RESTRAINT14 (a) Arrest is the restraint of a person by an order, not imposed as a15 punishment for an offense, directing him to remain within certain specified16 limits. Confinement is the physical restraint of a person.17 (b) An enlisted member may be ordered into arrest or confinement by any18 commissioned officer by an order, oral or written, delivered in person or19 through other persons subject to this code. A commanding officer may autho-20 rize warrant officers, petty officers, or noncommissioned officers to order21 enlisted members of the commanding officer's command or subject to the com-22 manding officer's authority into arrest or confinement.23 (c) A commissioned officer, a warrant officer, or a civilian subject to24 this code or to trial thereunder may be ordered into arrest or confinement25 only by a commanding officer to whose authority the person is subject, by an26 order, oral or written, delivered in person or by another commissioned offi-27 cer. The authority to order such persons into arrest or confinement may not28 be delegated.29 (d) No person may be ordered into arrest or confinement except for prob-30 able cause. However, no warrantless arrest is authorized for a misdemeanor31 offense under title 18, Idaho Code, that did not occur in the presence of the32 apprehender.33 (e) This article does not limit the authority of persons authorized34 to apprehend offenders to secure the custody of an alleged offender until35 proper authority may be notified.36 ARTICLE 10. RESTRAINT OF PERSONS CHARGED37 (a) In general.38 (1) Subject to article 9 and paragraph (2) of this subsection, any per-39 son subject to this chapter who is charged with an offense under this40 chapter may be ordered into arrest or confinement as the circumstances41 require.42

9 (2) When a person subject to this chapter is charged only with an of-1 fense that is normally tried by summary court-martial, the person ordi-2 narily shall not be ordered into confinement.3 (b) Notification to accused and related procedures.4 (1) When a person subject to this chapter is ordered into arrest or con-5 finement before trial, immediate steps shall be taken:6 (A) To inform the person of the specific offense of which the per-7 son is accused; and8 (B) To try the person or to dismiss the charges and release the9 person.10 (2) To facilitate compliance with paragraph (1) of this subsection, the11 governor or his designee shall prescribe regulations setting forth pro-12 cedures relating to referral for trial, including procedures for prompt13 forwarding of the charges and specifications and, if applicable, the14 preliminary hearing report submitted under article 32.15 ARTICLE 11. PLACE OF CONFINEMENT -- REPORTS AND RECEIVING OF PRISONERS16 (a) If a person subject to this code is confined before, during, or af-17 ter trial, confinement shall be in a civilian or military confinement facil-18 ity.19 (b) No person authorized to receive prisoners pursuant to subsection20 (a) of this article may refuse to receive or keep any prisoner committed to21 the person's charge by a commissioned officer of the state military forces,22 when the committing officer furnishes a statement, signed by such officer,23 of the offense charged against the prisoner, unless otherwise authorized by24 law.25 (c) Every person authorized to receive prisoners pursuant to subsec-26 tion (a) of this article to whose charge a prisoner is committed shall,27 within twenty-four (24) hours after that commitment or as soon as the person28 is relieved from guard, report to the commanding officer of the prisoner the29 name of the prisoner, the offense charged against the prisoner, and the name30 of the person who ordered or authorized the commitment.31 ARTICLE 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED32 No member of the state military forces may be placed in military confinement33 in immediate association with enemy prisoners or other foreign nationals not34 members of the armed forces. This article shall not apply to confinement of35 state military forces in civilian confinement facilities.36 ARTICLE 13. PUNISHMENT PROHIBITED BEFORE TRIAL37 No person, while being held for trial or awaiting a verdict, may be subjected38 to punishment or penalty other than arrest or confinement upon the charges39 pending against the person, nor shall the arrest or confinement imposed upon40 such person be any more rigorous than the circumstances required to ensure41 the person's presence.42

10 ARTICLE 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES1 (a) A person subject to this code accused of an offense against civil2 authority may be delivered, upon request, to the civil authority for trial or3 confinement.4 (b) When delivery under this article is made to any civil authority of5 a person undergoing sentence of a court-martial, the delivery, if followed6 by conviction in a civil tribunal, interrupts the execution of the sentence7 of the court-martial, and the offender after having answered to the civil au-8 thorities for the offense shall, upon the request of competent military au-9 thority, be returned to the place of original custody for the completion of10 the person's sentence.11 PART III. NONJUDICIAL PUNISHMENT12 ARTICLE 15. COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT13 (a) Under such regulations as prescribed, any commanding officer (and14 for purposes of this article, officers-in-charge) may impose disciplinary15 punishments for minor offenses without the intervention of a court-martial16 pursuant to this article. The governor, the adjutant general, or an officer17 of a general or flag rank in command may delegate the powers under this arti-18 cle to a principal assistant who is a member of the state military forces.19 (b) Any commanding officer may impose upon enlisted members of the of-20 ficer's command:21 (1) An admonition;22 (2) A reprimand;23 (3) The withholding of privileges for not more than six (6) months;24 (4) The forfeiture of pay of not more than seven (7) days' pay;25 (5) A fine of not more than seven (7) days' pay;26 (6) A reduction to the next inferior pay grade, if the grade from which27 demoted is within the promotion authority of the officer imposing the28 reduction or any officer subordinate to the one who imposes the reduc-29 tion;30 (7) Extra duties, including fatigue or other duties, for not more than31 fourteen (14) days, which need not be consecutive; and32 (8) Restriction to certain specified limits, with or without suspen-33 sion from duty, for not more than fourteen (14) days, which need not be34 consecutive.35 (c) Any commanding officer of the grade of major or lieutenant comman-36 der, O-4 or above, may impose upon enlisted members of the officer's command:37 (1) Any punishment authorized in subsection (b)(1), (2) and (3) of this38 article;39 (2) The forfeiture of not more than one-half (1/2) of one (1) month's40 pay per month for two (2) months;41 (3) A fine of not more than one (1) month's pay;42 (4) A reduction to the lowest or any intermediate pay grade, if the43 grade from which demoted is within the promotion authority of the of-44 ficer imposing the reduction or any officer subordinate to the one who45

11 imposes the reduction, but an enlisted member in a pay grade above E-41 may not be reduced more than two (2) pay grades;2 (5) Extra duties, including fatigue or other duties, for not more than3 forty-five (45) days, which need not be consecutive; and4 (6) Restriction to certain specified limits, with or without suspen-5 sion from duty, for not more than sixty (60) days, which need not be con-6 secutive.7 (d) The governor, the adjutant general, an officer exercising general8 court-martial convening authority, or an officer of a general or flag rank in9 command may impose:10 (1) Upon officers of the officer's command:11 (A) Any punishment authorized in subsection (c)(1), (2), (3) and12 (6) of this article; and13 (B) Arrest in quarters for not more than thirty (30) days, which14 need not be consecutive.15 (2) Upon enlisted members of the officer's command:16 (A) Any punishment authorized in subsection (c) of this article.17 (e) Whenever any of those punishments are combined to run consec-18 utively, the total length of the combined punishment cannot exceed the19 authorized duration of the longest punishment in the combination, and there20 must be an apportionment of punishments so that no single punishment in the21 combination exceeds its authorized length under this article.22 (f) Except in the case of a member attached to or embarked in a vessel,23 punishment under this article may not be imposed on any member under this ar-24 ticle if the member has, before the imposition of such punishment, demanded25 trial by court-martial in lieu of such punishment. Except when punishment26 includes arrest, confinement, or restriction to certain specified limits,27 a member may not demand trial by court-martial. If any punishment sought28 includes arrest, confinement, or restriction, a member may demand trial by29 court-martial if the demand occurs before the imposition of punishment.30 (g) The officer who imposes the punishment, or the successor in com-31 mand, may, at any time, suspend, set aside, mitigate, or remit any part or32 amount of the punishment and restore all rights, privileges, and property33 affected. The officer also may:34 (1) Mitigate reduction in grade to forfeiture of pay;35 (2) Mitigate arrest in quarters to restriction; or36 (3) Mitigate extra duties to restriction.37 The mitigated punishment shall not be for a greater period than the punish-38 ment mitigated. When mitigating reduction in grade to forfeiture of pay, the39 amount of the forfeiture shall not be greater than the amount that could have40 been imposed initially under this article by the officer who imposed the pun-41 ishment mitigated.42 (h) A person punished under this article who considers the punishment43 unjust or disproportionate to the offense may, through the proper channel,44 appeal to the next superior authority within fifteen (15) days after the pun-45 ishment is either announced or sent to the accused, as the commander may de-46 termine. The appeal shall be promptly forwarded and decided, but the person47 punished may in the meantime be required to undergo the punishment adjudged.48 The superior authority may exercise the same powers with respect to the pun-49 ishment imposed as may be exercised under subsection (g) of this article by50

12 the officer who imposed the punishment. Unless the superior authority is an1 O-7, the member may appeal up through and to the member's O-7 commander. All2 superior authorities who review such appeal shall exercise the same powers3 with respect to the punishment as the officer who imposed the original pun-4 ishment. Before acting on an appeal from a punishment, the authority that is5 to act on the appeal may refer the case to a judge advocate for consideration6 and advice.7 (i) The imposition and enforcement of disciplinary punishment under8 this article for any act or omission is not a bar to trial by court-martial9 or a civilian court of competent jurisdiction for a serious crime or offense10 growing out of the same act or omission and not properly punishable under11 this article; but the fact that a disciplinary punishment has been enforced12 may be shown by the accused upon trial and, when so shown, it shall be consid-13 ered in determining the measure of punishment to be adjudged in the event of14 a finding of guilty.15 (j) Whenever a punishment of forfeiture of pay is imposed under this ar-16 ticle, the forfeiture may apply to pay accruing before, on, or after the date17 that punishment is imposed.18 (k) Regulations may prescribe the form of records to be kept of proceed-19 ings under this article and may prescribe that certain categories of those20 proceedings shall be in writing.21 PART IV. COURT-MARTIAL JURISDICTION22 ARTICLE 16. COURTS-MARTIAL CLASSIFIED23 The three (3) kinds of courts-martial in the state military forces are:24 (1) General courts-martial, consisting of:25 (A) A military judge and not less than five (5) members; or26 (B) Only a military judge, if before the court is assembled the accused,27 knowing the identity of the military judge and after consultation with28 defense counsel, requests orally on the record or in writing a court29 composed only of a military judge and the military judge approves;30 (2) Special courts-martial, consisting of:31 (A) A military judge and not less than three (3) members; or32 (B) Only a military judge, if one has been detailed to the court, and the33 accused under the same conditions as those prescribed in subsection (1)34 (B) of this article so requests; and35 (3) Summary courts-martial, consisting of one (1) commissioned offi-36 cer.37 ARTICLE 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL38 Each component of the state military forces has court-martial jurisdiction39 over all members of the particular component who are subject to this code.40 Additionally, the army and air national guard state military forces have41 court-martial jurisdiction over all members subject to this code.42 ARTICLE 18. JURISDICTION OF GENERAL COURTS-MARTIAL43

13 Subject to article 17 of this code, general courts-martial have jurisdiction1 to try persons subject to this code for any offense made punishable by this2 code and may, under such limitations as the governor may prescribe, adjudge3 any punishment not forbidden by this code.4 ARTICLE 19. JURISDICTION OF SPECIAL COURTS-MARTIAL5 Subject to article 17 of this code, special courts-martial have jurisdiction6 to try persons subject to this code for any offense made punishable by this7 code and may, under such limitations as the governor may prescribe, adjudge8 any punishment not forbidden by this code except dishonorable discharge,9 dismissal, confinement for more than one (1) year, forfeiture of pay exceed-10 ing two-thirds (2/3) pay per month, or forfeiture of pay for more than one (1)11 year.12 ARTICLE 20. JURISDICTION OF SUMMARY COURTS-MARTIAL13 (a) Subject to article 17 of this code, summary courts-martial have ju-14 risdiction to try persons subject to this code, except officers, cadets, and15 officer candidates, and midshipmen, for any offense made punishable by this16 code under such limitations as the governor may prescribe.17 (b) No person in the rank of E-7 or above may be brought to trial before18 a summary court-martial if that person objects thereto. If objection to19 trial by summary court-martial is made by an accused in the rank of E-7 or20 above, trial by special or general court-martial may be ordered, as may be21 appropriate. Members in the rank of E-6 and below do not have the right to22 reject trial before a summary court-martial. Summary courts-martial may,23 under such limitations as the governor may prescribe, adjudge any punishment24 not forbidden by this code except dismissal, dishonorable or bad-conduct25 discharge, confinement for more than one (1) month, restriction to specified26 limits for more than two (2) months, or forfeiture of more than two-thirds27 (2/3) of one (1) month's pay.28 (c) A summary court-martial is a noncriminal forum. A finding of guilty29 at a summary court-martial does not constitute a criminal conviction.30 ARTICLE 21. RESERVED31 PART V. APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL32 ARTICLE 22. WHO MAY CONVENE GENERAL COURTS-MARTIAL33 (a) General courts-martial may be convened by:34 (1) The governor;35 (2) The adjutant general;36 (3) The commanding officer of a force of the state military forces;37 (4) The commanding officer of a division or a separate brigade; or38 (5) The commanding officer of a separate wing.39 (b) If any such commanding officer is an accuser, the court shall be40 convened by superior competent authority and may in any case be convened by41 such superior authority if considered desirable by such authority.42

14 ARTICLE 23. WHO MAY CONVENE SPECIAL COURTS-MARTIAL1 (a) Special courts-martial may be convened by:2 (1) Any person who may convene a general court-martial;3 (2) The commanding officer of a garrison, fort, post, camp, station, or4 air national guard base, or naval base or station;5 (3) The commanding officer of a brigade, regiment, detached battalion,6 or corresponding unit of the army;7 (4) The commanding officer of a wing, group, separate squadron, or cor-8 responding unit of the air force; or9 (5) The commanding officer or officer in charge of any other command10 when empowered by the adjutant general.11 (b) If any such officer is an accuser, the court shall be convened by12 superior competent authority and may in any case be convened by such superior13 authority if considered desirable by such authority.14 ARTICLE 24. WHO MAY CONVENE SUMMARY COURTS-MARTIAL15 (a) Summary courts-martial may be convened by:16 (1) Any person who may convene a general or special court-martial;17 (2) The commanding officer of a detached company or other detachment,18 or corresponding unit of the army;19 (3) The commanding officer of a detached squadron or other detachment,20 or corresponding unit of the air force; or21 (4) The commanding officer or officer in charge of any other command22 when empowered by the adjutant general.23 (b) When only one (1) commissioned officer is present with a command24 or detachment, that officer shall be the summary court-martial of that com-25 mand or detachment and shall hear and determine all summary court-martial26 cases. Summary courts-martial may, however, be convened in any case by supe-27 rior competent authority if considered desirable by such authority.28 ARTICLE 25. WHO MAY SERVE ON COURTS-MARTIAL29 (a) Any commissioned officer of the state military forces is eligible30 to serve on all courts-martial for the trial of any person subject to this31 code.32 (b) Any warrant officer of the state military forces is eligible to33 serve on general and special courts-martial for the trial of any person sub-34 ject to this code, other than a commissioned officer.35 (c)(1) Any enlisted member of the state military forces is eligible to36 serve on a general or special court-martial for the trial of any other37 enlisted member.38 (2) Before a court-martial with a military judge and members is assem-39 bled for trial, an enlisted member who is an accused may personally re-40 quest, orally on the record or in writing, that:41 (A) The membership of the court-martial be comprised entirely of42 officers; or43

15 (B) Enlisted members comprise at least one-third (1/3) of the mem-1 bership of the court-martial, regardless of whether enlisted mem-2 bers have been detailed to the court-martial.3 (3) Except as provided in paragraph (4) of this subsection, after such4 a request, the accused may not be tried by a general or special court-5 martial if the membership of the court-martial is inconsistent with the6 request.7 (4) If, because of physical conditions or military exigencies, a suf-8 ficient number of eligible officers or enlisted members, as the case may9 be, is not available to carry out the provisions of paragraph (2) of this10 subsection, the trial may nevertheless be held. In that event, the con-11 vening authority shall make a detailed written statement of the reasons12 for nonavailability. The statement shall be appended to the record.13 (d)(1) The accused in a court-martial with a military judge and members14 may, after the findings are announced and before any matter is presented15 in the sentencing phase, request, orally on the record or in writing,16 sentencing by members.17 (2) The convening authority shall detail not less than the number of18 members necessary to impanel the court-martial under article 29.19 (e) When convening a court-martial, the convening authority shall de-20 tail as members thereof such members of the state military forces as, in the21 convening authority's opinion, are best qualified for the duty by reason of22 age, education, training, experience, length of service, and judicial tem-23 perament. No member of the state military forces is eligible to serve as a24 member of a general or special court-martial when that member is the accuser,25 a witness, or has acted as investigating officer or as counsel in the same26 case.27 (f) Before a court-martial is assembled for the trial of a case, the28 convening authority may excuse a member of the court from participating in29 the case. The convening authority may delegate the authority under this sub-30 section to a judge advocate or to any other principal assistant.31 ARTICLE 25a. RESERVED32 ARTICLE 26. MILITARY JUDGE OF A GENERAL OR SPECIAL COURT-MARTIAL33 (a) A military judge shall be detailed to each general and special34 court-martial.35 (b) A military judge shall be:36 (1) An active or retired commissioned officer of an organized state37 military force and qualified, by reason of education, training, experi-38 ence, and judicial temperament, for duty;39 (2) A member in good standing of the bar of the highest court of a state40 or a member of the bar of a federal court for at least five (5) years;41 (3) Certified as a military judge by the senior force judge advocate42 which is the same force as the accused; and43 (4) Certified as qualified, by reason of education, training, experi-44 ence, and judicial temperament, for duty.45 (c) In the instance when a military judge is not a member of the bar of46 the highest court of the state, the military judge shall be deemed admitted47

16 pro hac vice, subject to filing a certificate with the senior force judge ad-1 vocate which is the same force as the accused setting forth such qualifica-2 tions provided in subsection (b) of this article.3 (d) The military judge of a general or special court-martial shall be4 designated by the senior force judge advocate which is the same force as the5 accused, or a designee, for detail by the convening authority. Neither the6 convening authority nor any staff member of the convening authority shall7 prepare or review any report concerning the effectiveness, fitness, or ef-8 ficiency of the military judge so detailed, which relates to performance of9 duty as a military judge.10 (e) No person is eligible to act as military judge in a case if that per-11 son is the accuser or a witness, or has acted as preliminary hearing officer12 or a counsel in the same case.13 (f) The military judge of a court-martial may not consult with the mem-14 bers of the court except in the presence of the accused, trial counsel, and15 defense counsel, nor vote with the members of the court.16 (g) A military judge may be detailed under subsection (a) of this arti-17 cle to a court-martial or a proceeding under article 30 that is convened in a18 different armed force, when so permitted by the senior force judge advocate19 of the armed force of which the military judge is a member.20 ARTICLE 26a. MILITARY MAGISTRATES21 (a) A military magistrate will be a commissioned officer of the state22 military forces who:23 (1) Is a member of the bar of a federal court or a member of the bar of the24 highest court of a state; and25 (2) Is certified to be qualified, by reason of education, training, ex-26 perience, and judicial temperament, for duty as a military magistrate27 by the state judge advocate.28 (b) In accordance with regulations promulgated by the governor or his29 designee, in addition to duties when designated under this code, a military30 magistrate may be assigned to perform other duties of a nonjudicial nature.31 ARTICLE 27. DETAIL OF TRIAL COUNSEL AND DEFENSE COUNSEL32 (a) General provision:33 (1) For each general and special court-martial, the authority conven-34 ing the court shall detail trial counsel, defense counsel, and such as-35 sistants as are appropriate.36 (2) No person who, with respect to a case, has served as a preliminary37 hearing officer, court member, military judge, military magistrate, or38 appellate judge may later serve as trial counsel, assistant trial coun-39 sel, or, unless expressly requested by the accused, as defense counsel40 or assistant or associate defense counsel in the same case. No person41 who has acted for the prosecution may act later in the same case for the42 defense nor may any person who has acted for the defense act later in the43 same case for the prosecution.44 (b) Except as provided in subsection (c) of this article, trial coun-45 sel, defense counsel, or assistant defense counsel detailed for a general46

17 or special court-martial must be: a judge advocate as defined in article1 1(a)(3) of this code.2 (1) A judge advocate as defined in article 1(a)(3) of this code; and3 (2) A member in good standing of the bar of the highest court of the4 state where the court-martial is held.5 (c) Defense counsel and assistant defense counsel detailed for a spe-6 cial or general court-martial shall have the qualifications set forth in7 subsection (b) of this article.8 (d) Trial counsel, assistant trial counsel, defense counsel, and as-9 sistant defense counsel detailed for a special court-martial must be deter-10 mined to be competent to perform such duties by the senior force judge advo-11 cate, under such rules as the governor or his designee may prescribe.12 ARTICLE 28. DETAIL OR EMPLOYMENT OF REPORTERS AND INTERPRETERS13 Under such regulations as may be prescribed, the convening authority of a14 general or special court-martial or court of inquiry shall detail or employ15 qualified court reporters, who shall record the proceedings of and testimony16 taken before that court and may detail or employ interpreters who shall in-17 terpret for the court.18 ARTICLE 29. ASSEMBLY AND IMPANELING OF MEM-19 BERS -- DETAIL OF NEW MEMBERS AND MILITARY JUDGES20 (a) The military judge shall announce the assembly of a general or spe-21 cial court-martial with members. After such a court-martial is assembled,22 no member may be absent, unless the member is excused:23 (1) As a result of a challenge;24 (2) Under subsection (b)(1)(B)of this article; or25 (3) By order of the military judge or the convening authority for dis-26 ability or other good cause.27 (b) Impaneling.28 (1) Under rules prescribed by the governor or his designated represen-29 tative, the military judge of a general or special court-martial with30 members shall:31 (A) After determination of challenges, impanel the court-mar-32 tial; and33 (B) Excuse the members who, having been assembled, are not impan-34 eled.35 (2) In a general court-martial, the military judge shall impanel eight36 (8) members.37 (3) In a special court-martial, the military judge shall impanel four38 (4) members.39 (c) In addition to members under subsection (b) of this article, the40 military judge shall impanel alternate members, if the convening authority41 authorizes alternate members.42 (d) Detail of new members.43 (1) If, after members are impaneled, the membership of the court-mar-44 tial is reduced to fewer than twelve (12) members with respect to a45 general court-martial in a capital case, fewer than six (6) members with46

18 respect to a general court-martial in a noncapital case, or fewer than1 four (4) members with respect to a special court-martial, the trial may2 not proceed unless the convening authority details new members and,3 from among the members so detailed, the military judge impanels new4 members sufficient in number to provide the membership specified in5 paragraph (2) of this subsection.6 (2) Membership shall be as follows:7 (A) At least six (6) but not more than eight (8) members with re-8 spect to a general court-martial; and9 (B) Four (4) members with respect to a special court-martial.10 (e) If the military judge is unable to proceed with the trial because of11 disability or otherwise, a new military judge shall be detailed to the court-12 martial.13 (f) Evidence.14 (1) In the case of new members under subsection (d) of this article, the15 trial may proceed with the new members present after the evidence pre-16 viously introduced is read or, in the case of audiotape, videotape, or17 similar recording, is played, in the presence of the new members, the18 military judge, the accused, and counsel for both sides.19 (2) In the case of a new military judge under subsection (e) of this ar-20 ticle, the trial shall proceed as if no evidence had been introduced,21 unless the evidence previously introduced is read or, in the case of au-22 diotape, videotape, or similar recording, is played, in the presence of23 the new military judge, the accused, and counsel for both sides.24 PART VI. PRE-TRIAL PROCEDURE25 ARTICLE 30. CHARGES AND SPECIFICATIONS26 (a) In general. Charges and specifications:27 (1) May be preferred only by a person subject to this chapter; and28 (2) Shall be preferred by presentment in writing, signed under oath be-29 fore a commissioned officer of the state military forces who is autho-30 rized to administer oaths.31 (b) The writing under subsection (a) of this article shall state that:32 (1) The signer has personal knowledge of, or has investigated, the mat-33 ters set forth in the charges and specifications; and34 (2) The matters set forth in the charges and specifications are true, to35 the best of the knowledge and belief of the signer.36 (c) When charges and specifications are preferred under subsection (a)37 of this article, the proper authority shall, as soon as practicable:38 (1) Inform the person accused of the charges and specifications; and39 (2) Determine what disposition should be made of the charges and speci-40 fications in the interest of justice and discipline.41 ARTICLE 31. COMPULSORY SELF-INCRIMINATION PROHIBITED42 (a) No person subject to this code may compel any person to incriminate43 himself or to answer any question, the answer to which may tend to incrimi-44 nate him.45

19 (b) No person subject to this code may interrogate or request any state-1 ment from an accused or a person suspected of an offense without first in-2 forming that person of the nature of the accusation and advising that person3 that the person does not have to make any statement regarding the offense of4 which the person is accused or suspected and that any statement made by the5 person may be used as evidence against the person in a trial by court-mar-6 tial.7 (c) No person subject to this code may compel any person to make a state-8 ment or produce evidence before any military court if the statement or evi-9 dence is not material to the issue and may tend to degrade the person.10 (d) No statement obtained from any person in violation of this article11 or through the use of coercion, unlawful influence, or unlawful inducement12 may be received in evidence against the person in a trial by court-martial.13 ARTICLE 32. INVESTIGATION14 (a) In general.15 (1)(A) Except as provided in subparagraph (B) of this paragraph,16 a preliminary hearing shall be held before referral of charges and17 specifications for trial by general court-martial. The prelimi-18 nary hearing shall be conducted by an impartial hearing officer,19 detailed by the convening authority in accordance with subsection20 (b) of this article.21 (B) Under regulations prescribed by the governor or his desig-22 nated representative, a preliminary hearing need not be held if23 the accused submits a written waiver to the convening authority24 and the convening authority determines that a hearing is not re-25 quired.26 (2) The purpose of the preliminary hearing shall be limited to deter-27 mining the following:28 (A) Whether or not the specification alleges an offense under this29 chapter;30 (B) Whether or not there is probable cause to believe that the ac-31 cused committed the offense charged;32 (C) Whether or not the convening authority has court-martial ju-33 risdiction over the accused and over the offense; and34 (D) A recommendation as to the disposition that should be made of35 the case.36 (b) Hearing officer.37 (1) A preliminary hearing under this article shall be conducted by an38 impartial hearing officer who:39 (A) Whenever practicable, shall be a judge advocate who is certi-40 fied under article 27(b); or41 (B) When it is not practicable to appoint a judge advocate because42 of exceptional circumstances, is not a judge advocate so certi-43 fied.44 (2) In the case of a hearing officer under paragraph (1)(B) of this sub-45 section, a judge advocate who is certified under article 27(b) shall be46 available to provide legal advice to the hearing officer.47

20 (3) Whenever practicable, the hearing officer shall be equal in grade1 or senior in grade to military counsel who are detailed to represent the2 accused or the government at the preliminary hearing.3 (c) Report to convening authority. After a preliminary hearing under4 this article, the hearing officer shall submit to the convening authority a5 written report, accompanied by a recording of the preliminary hearing, that6 includes the following:7 (1) For each specification, a statement of the reasoning and conclu-8 sions of the hearing officer with respect to determinations under sub-9 section (a)(2) of this article, including a summary of relevant witness10 testimony and documentary evidence presented at the hearing and any ob-11 servations of the hearing officer concerning the testimony of witnesses12 and the availability and admissibility of evidence at trial;13 (2) Recommendations for any necessary modifications to the form of the14 charges or specifications;15 (3) An analysis of any additional information submitted after the hear-16 ing by the parties or by a victim of an offense, that, under such rules17 as the governor or his designated representative may prescribe, is rel-18 evant to disposition under articles 30 and 34; and19 (4) A statement of action taken on evidence adduced with respect to un-20 charged offenses, as described in subsection (d) of this article.21 (d) If evidence adduced in an investigation under this article indi-22 cates that the accused committed an uncharged offense, the investigating of-23 ficer may investigate the subject matter of that offense without the accused24 having first been charged with the offense if the accused:25 (1) Is present at the investigation;26 (2) Is informed of the nature of each uncharged offense investigated;27 and28 (3) Is afforded the opportunities for representation, cross-examina-29 tion, and presentation prescribed in subsection (b) of this article. A30 declination under this paragraph shall not serve as the sole basis for31 ordering a deposition under article 49.32 (e) The requirements of this article are binding on all persons admin-33 istering this code, but failure to follow them does not constitute jurisdic-34 tional error under such rules as the governor or his designated representa-35 tive may prescribe.36 (f) A defect in a report under subsection (c) of this article is not a37 basis for relief if the report is in substantial compliance with subsection38 (c).39 ARTICLE 33. DISPOSITION GUIDANCE40 The governor or his designated representative shall issue nonbinding guid-41 ance regarding factors that commanders, convening authorities, staff judge42 advocates, and judge advocates should take into account when exercising43 their duties with respect to disposition of charges and specifications in44 the interest of justice and discipline under articles 30 and 34. Such guid-45 ance shall take into account, with appropriate consideration of military46 requirements, the principles of fair and evenhanded administration of Idaho47 and federal criminal law.48

21 ARTICLE 34. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL1 (a) Staff judge advocate advice required before referral. Before re-2 ferral of charges and specifications to a general court-martial for trial,3 the convening authority shall submit the matter to the staff judge advocate4 for advice, which the staff judge advocate shall provide to the convening au-5 thority in writing. The convening authority may not refer a specification6 under a charge to a general court-martial unless the staff judge advocate ad-7 vises the convening authority in writing that:8 (1) The specification alleges an offense under this chapter;9 (2) There is probable cause to believe that the accused committed the10 offense charged; and11 (3) A court-martial would have jurisdiction over the accused and the12 offense.13 (b) Staff judge advocate recommendation as to disposition. Together14 with the written advice provided under subsection (a) of this article, the15 staff judge advocate shall provide a written recommendation to the convening16 authority as to the disposition that should be made of the specification in17 the interest of justice and discipline.18 (c) Staff judge advocate advice and recommendation to accompany re-19 ferral. When a convening authority makes a referral for trial by general20 court-martial, the written advice of the staff judge advocate under subsec-21 tion (a) of this article and the written recommendation of the staff judge22 advocate under subsection (b) of this article with respect to each specifi-23 cation shall accompany the referral.24 (d) Special court-martial; convening authority consultation with25 judge advocate. Before referral of charges and specifications to a special26 court-martial for trial, the convening authority shall consult a judge advo-27 cate on relevant legal issues.28 (e) General and special courts-martial; correction of charges and29 specifications before referral. Before referral for trial by general30 court-martial or special court-martial, changes may be made to charges and31 specifications:32 (1) To correct errors in form; and33 (2) When applicable, to conform to the substance of the evidence con-34 tained in a report under article 32(c).35 (f) Referral defined. In this article, the term "referral" means the36 order of a convening authority that charges and specifications against an37 accused be tried by a specified court-martial.38 ARTICLE 35. SERVICE OF CHARGES -- COMMENCEMENT OF TRIAL39 (a) In general. Trial counsel detailed for a court-martial under ar-40 ticle 27 shall cause to be served upon the accused a copy of the charges and41 specifications referred for trial.42 (b) Commencement of trial.43 (1) Subject to paragraphs (2) and (3) of this subsection, no trial or44 other proceeding of a general court-martial or a special court-martial,45 including any session under article 39(a), may be held over the objec-46 tion of the accused:47

22 (A) With respect to a general court-martial, from the time of ser-1 vice through the fifth day after the date of service; or2 (B) With respect to a special court-martial, from the time of ser-3 vice through the third day after the date of service.4 (2) An objection under paragraph (1) of this subsection may be raised5 only at the first session of the trial or other proceeding and only if6 the first session occurs before the end of the applicable period under7 paragraph (1)(A) or (1)(B) of this subsection. If the first session oc-8 curs before the end of the applicable period, the military judge shall,9 at that session, inquire as to whether the defense objects under this10 subsection.11 (3) This subsection shall not apply in time of war.12 PART VII. TRIAL PROCEDURE13 ARTICLE 36. GOVERNOR OR THE ADJUTANT GENERAL MAY PRESCRIBE RULES14 Pretrial, trial, and posttrial procedures, including modes of proof, for15 courts-martial cases arising under this code, and for courts of inquiry, may16 be prescribed by the governor or the adjutant general by regulations, or as17 otherwise provided by law, which shall apply the principles of law and the18 rules of evidence generally recognized in military criminal cases in the19 courts of the armed forces but which may not be contrary to or inconsistent20 with this code.21 ARTICLE 37. UNLAWFULLY INFLUENCING ACTION OF COURT22 (a) No authority convening a general, special, or summary court-mar-23 tial, nor any other commanding officer, or officer serving on the staff24 thereof, may censure, reprimand, or admonish the court or any member, the25 military judge, or counsel thereof, with respect to the findings or sentence26 adjudged by the court or with respect to any other exercise of its or their27 functions in the conduct of the proceedings. No person subject to this code28 may attempt to coerce or, by any unauthorized means, influence the action of29 a court-martial or court of inquiry or any member thereof, in reaching the30 findings or sentence in any case, or the action of any convening, approving,31 or reviewing authority with respect to their judicial acts. The foregoing32 provisions of this subsection shall not apply with respect to: (1) general33 instructional or informational courses in military justice if such courses34 are designed solely for the purpose of instructing members of a command in35 the substantive and procedural aspects of courts-martial; or (2) to state-36 ments and instructions given in open court by the military judge, summary37 court-martial officer, or counsel.38 (b) In the preparation of an effectiveness, fitness, or efficiency re-39 port, or any other report or document used in whole or in part for the purpose40 of determining whether a member of the state military forces is qualified to41 be advanced in grade, or in determining the assignment or transfer of a mem-42 ber of the state military forces, or in determining whether a member of the43 state military forces should be retained on active status, no person subject44 to this code may, in preparing any such report: (1) consider or evaluate the45

23 performance of duty of any such member as a member of a court-martial or wit-1 ness therein; or (2) give a less favorable rating or evaluation of any coun-2 sel of the accused because of zealous representation before a court-martial.3 ARTICLE 38. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL4 (a) The trial counsel of a general or special court-martial shall be a5 member in good standing of the state bar judge advocate and shall prosecute6 in the name of the state and shall, under the direction of the court, prepare7 the record of the proceedings.8 (b) Defense counsel:9 (1) The accused has the right to be represented in defense before a gen-10 eral or special court-martial or at an investigation under article 32 of11 this code as provided in this subsection.12 (2) The accused may be represented by civilian counsel at the provision13 and expense of the accused.14 (3) The accused may be represented:15 (A) By military counsel detailed under article 27 of this code; or16 (B) By military counsel of the accused's own selection if that17 counsel is reasonably available as determined under paragraph (7)18 of this subsection.19 (4) If the accused is represented by civilian counsel, military counsel20 detailed or selected under paragraph (3) of this subsection shall act as21 associate counsel unless excused at the request of the accused.22 (5) Except as provided under paragraph (6) of this subsection, if the23 accused is represented by military counsel of his own selection under24 paragraph (3)(B) of this subsection, any military counsel detailed un-25 der paragraph (3)(A) of this subsection shall be excused.26 (6) The accused is not entitled to be represented by more than one (1)27 military counsel. However, the person authorized under regulations28 prescribed under article 27 of this code to detail counsel, in that per-29 son's sole discretion:30 (A) May detail additional military counsel as assistant defense31 counsel; and32 (B) If the accused is represented by military counsel of the ac-33 cused's own selection under paragraph (3)(B) of this subsection,34 may approve a request from the accused that military counsel de-35 tailed under paragraph (3)(A) of this subsection act as associate36 defense counsel.37 (7) The senior force judge advocate of the same force of which the ac-38 cused is a member shall determine whether the military counsel selected39 by an accused is reasonably available.40 (c) In any court-martial proceeding resulting in a conviction, the de-41 fense counsel:42 (1) May forward for attachment to the record of proceedings a brief of43 such matters as counsel determines should be considered in behalf of the44 accused on review, including any objection to the contents of the record45 which counsel considers appropriate; and46 (2) May take other action authorized by this code.47

24 ARTICLE 39. SESSIONS1 (a) At any time after the service of charges which have been referred2 for trial to a court-martial composed of a military judge and members, the3 military judge may, subject to article 35 of this code, call the court into4 session without the presence of the members for the purpose of:5 (1) Hearing and determining motions raising defenses or objections6 which are capable of determination without trial of the issues raised by7 a plea of not guilty;8 (2) Hearing and ruling upon any matter which may be ruled upon by the9 military judge under this code, whether or not the matter is appropriate10 for later consideration or decision by the members of the court;11 (3) Holding the arraignment and receiving the pleas of the accused;12 (4) Conducting a sentencing proceeding and sentencing the accused in13 noncapital cases unless the accused requests sentencing by members un-14 der article 25; and15 (5) Performing any other procedural function which does not require the16 presence of the members of the court under this code. These proceedings17 shall be conducted in the presence of the accused, the defense counsel,18 and the trial counsel and shall be made a part of the record. These pro-19 ceedings may be conducted notwithstanding the number of court members20 and without regard to article 29.21 (b) When the members of a court-martial deliberate or vote, only the22 members may be present. All other proceedings, including any other consul-23 tation of the members of the court with counsel or the military judge, shall24 be made a part of the record and shall be in the presence of the accused, the25 defense counsel, the trial counsel, and the military judge.26 ARTICLE 40. CONTINUANCES27 The military judge of a court-martial or a summary court-martial may, for28 reasonable cause grant a continuance to any party for such time and as often29 as may appear to be just.30 ARTICLE 41. CHALLENGES31 (a) Challenges generally.32 (1) The military judge and members of a general or special court-mar-33 tial may be challenged by the accused or the trial counsel for cause34 stated to the court. The military judge or the court shall determine35 the relevancy and validity of challenges for cause and may not receive a36 challenge to more than one (1) person at a time. Challenges by the trial37 counsel shall ordinarily be presented and decided before those by the38 accused are offered.39 (2) If exercise of a challenge for cause reduces the court below the40 number of members required by article 16 of this code, all parties41 shall, notwithstanding article 29 of this code, either exercise or42 waive any challenge for cause then apparent against the remaining mem-43 bers of the court before additional members are detailed to the court.44 However, peremptory challenges shall not be exercised at that time.45

25 (b) Preemptory Peremptory challenges.1 (1) Each accused and the trial counsel are entitled initially to one (1)2 peremptory challenge of members of the court. The military judge may3 not be challenged except for cause.4 (2) If exercise of a peremptory challenge reduces the court below the5 minimum number of members required by article 16 of this code, the par-6 ties shall, notwithstanding article 29 of this code, either exercise7 or waive any remaining peremptory challenge, not previously waived,8 against the remaining members of the court before additional members9 are detailed to the court.10 (3) Whenever additional members are detailed to the court, and after11 any challenges for cause against such additional members are presented12 and decided, each accused and the trial counsel are entitled to one (1)13 peremptory challenge against members not previously subject to peremp-14 tory challenge.15 ARTICLE 42. OATHS OR AFFIRMATIONS16 (a) Before performing their respective duties, military judges, gen-17 eral and special courts-martial members, trial counsel, defense counsel,18 reporters, and interpreters shall take an oath or affirmation in the pres-19 ence of the accused to perform their duties faithfully. The form of the20 oath or affirmation, the time and place of the taking thereof, the manner21 of recording the same, and whether the oath or affirmation shall be taken22 for all cases in which these duties are to be performed or for a particular23 case, shall be as prescribed in regulation or as provided by law. These reg-24 ulations may provide that an oath or affirmation to perform faithfully the25 duties as a military judge, trial counsel, or defense counsel may be taken26 at any time by any judge advocate or other person certified or designated to27 be qualified or competent for the duty, and if such an oath or affirmation28 is taken, it need not again be taken at the time the judge advocate or other29 person is detailed to that duty.30 (b) Each witness before a court-martial shall be examined under oath or31 affirmation.32 ARTICLE 43. STATUTE OF LIMITATIONS33 (a) Except as otherwise provided in this article, a person charged with34 any offense is not liable to be tried by court-martial or punished under ar-35 ticle 15 of this code if the offense was committed more than three (3) years36 before the receipt of sworn charges and specifications by an officer exer-37 cising court-martial jurisdiction over the command or before the imposition38 of punishment under article 15 of this code.39 (b) Periods in which the accused is absent without authority or flee-40 ing from justice shall be excluded in computing the period of limitation pre-41 scribed in this article.42 (c) Periods in which the accused was absent from territory in which the43 state has the authority to apprehend him, or in the custody of civil authori-44 ties, or in the hands of the enemy, shall be excluded in computing the period45 of limitation prescribed in this article.46

26 (d) When the United States is at war, the running of any statute of limi-1 tations applicable to any offense under this code:2 (1) Involving fraud or attempted fraud against the United States, any3 state, or any agency of either in any manner, whether by conspiracy or4 not;5 (2) Committed in connection with the acquisition, care, handling, cus-6 tody, control, or disposition of any real or personal property of the7 United States or any state; or8 (3) Committed in connection with the negotiation, procurement, award,9 performance, payment, interim financing, cancellation, or other termi-10 nation or settlement, of any contract, subcontract, or purchase order11 which is connected with or related to the prosecution of the war, or with12 any disposition of termination inventory by any war contractor or gov-13 ernment agency;14 is suspended until two (2) years after the termination of hostilities as pro-15 claimed by the president or by a joint resolution of congress.16 (e) Exception.17 (1) If charges or specifications are dismissed as defective or insuffi-18 cient for any cause and the period prescribed by the applicable statute19 of limitations:20 (A) Has expired; or will be met.21 (B) Will expire within one hundred eighty (180) days after the22 date of dismissal of the charges and specifications, trial and23 punishment under new charges and specifications are not barred by24 the statute of limitations if the conditions specified in para-25 graph (2) of this subsection are met.26 (2) The conditions referred to in paragraph (1) of this subsection are27 that the new charges and specifications must:28 (A) Be received by an officer exercising summary court-martial29 jurisdiction over the command within one hundred eighty (180) days30 after the dismissal of the charges or specifications; and31 (B) Allege the same acts or omissions that were alleged in the dis-32 missed charges or specifications (or allege acts or omissions that33 were included in the dismissed charges or specifications).34 (f) Fraudulent enlistment or appointment. A person charged with fraud-35 ulent enlistment or fraudulent appointment under article 104a(1) may be36 tried by court-martial if the sworn charges and specifications are received37 by an officer exercising summary court-martial jurisdiction with respect to38 that person, as follows:39 (1) In the case of an enlisted member, during the period of the enlist-40 ment or five (5) years, whichever provides a longer period.41 (2) In the case of an officer, during the period of the appointment or42 five (5) years, whichever provides a longer period.43 (g) DNA evidence. If DNA testing implicates an identified person in44 the commission of an offense punishable by confinement for more than one (1)45 year, no statute of limitations that would otherwise preclude prosecution of46 the offense shall preclude such prosecution until a period of time following47 the implication of the person by DNA testing has elapsed that is equal to the48 otherwise applicable limitation period.49

27 ARTICLE 44. FORMER JEOPARDY1 (a) No person may, without his consent, be tried a second time for the2 same offense.3 (b) No proceeding in which an accused has been found guilty by a court-4 martial upon any charge or specification is a trial in the sense of this arti-5 cle until the finding of guilty has become final after review of the case has6 been fully completed.7 (c)(1) A court-martial with a military judge alone is a trial in the8 sense of this article if, without fault of the accused after introduc-9 tion of evidence and before announcement of findings under article 53,10 the case is dismissed or terminated by the convening authority or on mo-11 tion of the prosecution for failure of available evidence or witnesses.12 (2) A court-martial with a military judge and members is a trial in the13 sense of this article if, without fault of the accused after the mem-14 bers, having taken an oath as members under article 42 and after com-15 pletion of challenges under article 41, are impaneled, and before an-16 nouncement of findings under article 53, the case is dismissed or ter-17 minated by the convening authority or on motion of the prosecution for18 failure of available evidence or witnesses.19 ARTICLE 45. PLEAS OF THE ACCUSED20 (a) Irregular and similar pleas. If an accused after arraignment makes21 an irregular pleading, or after a plea of guilty sets up matter inconsis-22 tent with the plea, or if it appears that the accused has entered the plea of23 guilty improvidently or through lack of understanding of its meaning and ef-24 fect, or if the accused fails or refuses to plead, a plea of not guilty shall25 be entered in the record, and the court shall proceed as though the accused26 had pleaded not guilty.27 (b) Pleas of guilty. With respect to any charge or specification to28 which a plea of guilty has been made by the accused and accepted by the mil-29 itary judge or by a court-martial without a military judge, a finding of30 guilty of the charge or specification may be entered immediately without31 vote. This finding shall constitute the finding of the court unless the plea32 of guilty is withdrawn prior to announcement of the sentence, in which event33 the proceedings shall continue as though the accused had pleaded not guilty.34 (c) Harmless error. A variance from the requirements of this article is35 harmless error if the variance does not materially prejudice the substantial36 rights of the accused.37 ARTICLE 46. OPPORTUNITY TO OBTAIN WIT-38 NESSES AND OTHER EVIDENCE IN TRIALS BY COURT39 (a) In a case referred for trial by court-martial, the trial counsel40 and the defense counsel shall have equal opportunity to obtain witnesses and41 other evidence as prescribed by regulations and provided by law. Process is-42 sued in court-martial cases to compel witnesses to appear and testify and to43 compel the production of other evidence shall apply the principles of law and44 the rules of courts-martial generally recognized in military criminal cases45

28 in the courts of the armed forces of the United States, but which may not be1 contrary to or inconsistent with this code. Process shall run to any part of2 the United States, or the territories, commonwealths, and possessions, and3 may be executed by civil officers as prescribed by the laws of the place where4 the witness or evidence is located or of the United States.5 (b) Subpoena and other process generally. Any subpoena or other6 process issued under this article:7 (1) Shall be similar to that which courts of the state of Idaho or courts8 of the United States having criminal jurisdiction may issue;9 (2) Shall be executed in accordance with regulations prescribed by the10 governor or his designated representative; and11 (3) Shall run to any part of the United States and to the commonwealths12 and possessions of the United States.13 (c) Subpoena and other process for witnesses. A subpoena or other14 process may be issued to compel a witness to appear and testify:15 (1) Before a court-martial, military commission, or court of inquiry;16 (2) At a deposition under article 49; or17 (3) As otherwise authorized under this chapter.18 (d) In general. A subpoena or other process may be issued to compel the19 production of evidence:20 (1) For a court-martial, military commission, or court of inquiry;21 (2) For a deposition under article 49;22 (3) For an investigation of an offense under this chapter; or23 (4) As otherwise authorized under this chapter.24 (e) Investigative subpoena. An investigative subpoena under subsec-25 tion (c)(3) of this article may be issued before referral of charges to a26 court-martial only if a general court-martial convening authority has au-27 thorized counsel for the government to issue such a subpoena or a military28 judge issues such a subpoena pursuant to article 30.29 (f) Warrant or order for wire or electronic communications. With re-30 spect to an investigation of an offense under this chapter, a military judge31 detailed in accordance with article 26 or 30 may issue warrants or court or-32 ders for the contents of, and records concerning, wire or electronic commu-33 nications in the same manner as such warrants and orders may be issued by a34 district court of the state of Idaho under title 19, Idaho Code, subject to35 such limitations as the governor or his designated representative may pre-36 scribe.37 (g) Request for relief from subpoena or other process. If a person re-38 quests relief from a subpoena or other process under this article on grounds39 that compliance is unreasonable or oppressive or is prohibited by law, a mil-40 itary judge detailed in accordance with article 26 or 30 shall review the re-41 quest and shall:42 (1) Order that the subpoena or other process be modified or withdrawn,43 as appropriate; or44 (2) Order the person to comply with the subpoena or other process.45 ARTICLE 47. REFUSAL OF PERSON NOT SUBJECT TO CHAP-46 TER TO APPEAR, OR TESTIFY, OR PRODUCE EVIDENCE47 (a) In general.48

29 (1) Any person described in paragraph (2) of this subsection who does1 either of the following is guilty of an offense against the United2 States:3 (A) Willfully neglects or refuses to appear; or4 (B) Willfully refuses to qualify as a witness or to testify or to5 produce any evidence which that person is required to produce.6 (2) The persons referred to in paragraph (1) of this subsection are the7 following:8 (A) Any person not subject to this chapter who is issued a subpoena9 or other process described in subsection (c) of article 46 and is10 provided a means for reimbursement from the government for fees11 and mileage at the rates allowed to witnesses attending the courts12 of the United States or, in the case of extraordinary hardship, is13 advanced such fees and mileage; and14 (B) Any person not subject to this chapter who is issued a subpoena15 or other process described in subsection (d) of article 46.16 (b) The fees and mileage of witnesses shall be advanced or paid out of17 the appropriations for the compensation of witnesses.18 ARTICLE 48. CONTEMPT19 (a) Authority to punish.20 (1) With respect to any proceeding under this chapter, a judicial of-21 ficer specified in paragraph (2) of this subsection may punish for con-22 tempt any person who:23 (A) Uses any menacing word, sign, or gesture in the presence of the24 judicial officer during the proceeding;25 (B) Disturbs the proceeding by any riot or disorder; or26 (C) Willfully disobeys a lawful writ, process, order, rule, de-27 cree, or command issued with respect to the proceeding.28 (2) A judicial officer referred to in paragraph (1) of this subsection29 is any of the following:30 (A) Any military judge detailed to a court-martial, a provost31 court, a military commission, or any other proceeding under this32 chapter;33 (B) Any military magistrate designated to preside under this34 code; or35 (C) The governor or his designated representative of a court of36 inquiry.37 (b) Review. A punishment under this article:38 (1) If imposed by a military judge or military magistrate, may be re-39 viewed by the district court of the judicial district where the proceed-40 ing was conducted in accordance with the applicable rules of procedure41 of the Idaho state courts; and42 (2) If imposed by a court of inquiry, shall be subject to review by the43 convening authority in accordance with rules prescribed by the governor44 or his designated representative.45 ARTICLE 49. DEPOSITIONS46

30 (a) In general.1 (1) Subject to paragraph (2) of this subsection, a convening authority2 or a military judge may order depositions at the request of any party.3 (2) A deposition may be ordered under paragraph (1) of this subsection4 only if the requesting party demonstrates that, due to exceptional cir-5 cumstances, it is in the interest of justice that the testimony of a6 prospective witness be preserved for use at a court-martial, military7 commission, court of inquiry, or other military court or board.8 (3) A party who requests a deposition under this article shall give to9 every other party reasonable written notice of the time and place for10 the deposition.11 (4) A deposition under this article shall be taken before, and authen-12 ticated by, an impartial officer, as follows:13 (A) Whenever practicable, by an impartial judge advocate certi-14 fied under article 27(b); or15 (B) In exceptional circumstances, by an impartial military or16 civil officer authorized to administer oaths by the laws of the17 United States or the laws of the place where the deposition is18 taken.19 (b) Representation by counsel. Representation of the parties with re-20 spect to a deposition shall be by counsel detailed in the same manner as trial21 counsel and defense counsel are detailed under article 27. In addition, the22 accused shall have the right to be represented by civilian or military coun-23 sel in the same manner as provided for in article 38(b).24 (c) Admissibility and use as evidence. A deposition order under sub-25 section (a) of this article does not control the admissibility of the depo-26 sition in a court-martial or other proceeding under this chapter. Except as27 otherwise provided by this code, a party may use all or part of a deposition28 as provided by the rules of evidence.29 ARTICLE 50. ADMISSIBILITY OF SWORN TES-30 TIMONY FROM RECORDS OF COURTS OF INQUIRY31 (a) Use as evidence by any party. In any case not extending to the dis-32 missal of a commissioned officer, the sworn testimony, contained in the duly33 authenticated record of proceedings of a court of inquiry, of a person whose34 oral testimony cannot be obtained, may, if otherwise admissible under the35 rules of evidence, be read in evidence by any party before a court-martial if36 the accused was a party before the court of inquiry and if the same issue was37 involved or if the accused consents to the introduction of such evidence.38 (b) Use of evidence by defense. Such testimony may be read in evidence39 only by the defense in cases extending to the dismissal of a commissioned of-40 ficer.41 (c) Use in courts of inquiry and military boards. Such testimony may42 also be read in evidence before a court of inquiry.43 (d) Audiotape or videotape. Sworn testimony that is recorded by au-44 diotape, videotape, or similar method, and is contained in the duly authen-45 ticated record of proceedings of a court of inquiry, is admissible before a46 court-martial, military commission, court of inquiry, or military board, to47

31 the same extent as sworn testimony may be read in evidence before any such1 body under subsection (a), (b), or (c) of this article.2 ARTICLE 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY3 (a) It is an affirmative defense in a trial by court-martial that, at4 the time of the commission of the acts constituting the offense, the accused,5 as a result of a severe mental disease or defect, was unable to appreciate the6 nature and quality or the wrongfulness of the acts. Mental disease or defect7 does not otherwise constitute a defense.8 (b) The accused has the burden of proving the defense of lack of mental9 responsibility by clear and convincing evidence.10 (c) Whenever lack of mental responsibility of the accused with respect11 to an offense is properly at issue, the military judge shall instruct the12 members of the court as to the defense of lack of mental responsibility un-13 der this article and charge them to find the accused:14 (1) Guilty;15 (2) Not guilty; or16 (3) Not guilty only by reason of lack of mental responsibility.17 (d) Subsection (c) of this article does not apply to a court-martial18 composed of a military judge only. In the case of a court-martial composed19 of a military judge only or a summary court-martial officer, whenever lack of20 mental responsibility of the accused with respect to an offense is properly21 at issue, the military judge or summary court-martial officer shall find the22 accused:23 (1) Guilty;24 (2) Not guilty; or25 (3) Not guilty only by reason of lack of mental responsibility.26 (e) Notwithstanding the provisions of article 52 of this code, the ac-27 cused shall be found not guilty only by reason of lack of mental responsibil-28 ity if:29 (1) A majority of the members of the court-martial present at the time30 the vote is taken determines that the defense of lack of mental respon-31 sibility has been established; or32 (2) In the case of a court-martial composed of a military judge only or33 a summary court-martial officer, the military judge or summary court-34 martial officer determines that the defense of lack of mental responsi-35 bility has been established.36 ARTICLE 51. VOTING AND RULINGS37 (a) Voting by members of a general or special court-martial on the find-38 ings and on the sentence shall be by secret written ballot. The junior member39 of the court shall count the votes. The count shall be checked by the presi-40 dent, who shall forthwith announce the result of the ballot to the members of41 the court.42 (b) The military judge shall rule upon all questions of law and all in-43 terlocutory questions arising during the proceedings. Any such ruling made44 by the military judge upon any question of law or any interlocutory question45 other than the factual issue of mental responsibility of the accused is fi-46

32 nal and constitutes the ruling of the court. However, the military judge may1 change the ruling at any time during the trial. Unless the ruling is final,2 if any member objects thereto, the court shall be cleared and closed and the3 question decided by a voice vote as provided in article 52 of this code, be-4 ginning with the junior in rank.5 (c) Before a vote is taken on the findings, the military judge shall, in6 the presence of the accused and counsel, instruct the members of the court as7 to the elements of the offense and charge them:8 (1) That the accused must be presumed to be innocent until his guilt is9 established by legal and competent evidence beyond reasonable doubt;10 (2) That in the case being considered, if there is a reasonable doubt as11 to the guilt of the accused, the doubt must be resolved in favor of the12 accused and the accused must be acquitted;13 (3) That, if there is a reasonable doubt as to the degree of guilt, the14 finding must be in a lower degree as to which there is no reasonable15 doubt; and16 (4) That the burden of proof to establish the guilt of the accused be-17 yond reasonable doubt is upon the state.18 (d) Subsections (a), (b), and (c) of this article do not apply to a19 court-martial composed of a military judge only. The military judge of such20 a court-martial shall determine all questions of law and fact arising during21 the proceedings and, if the accused is convicted, adjudge an appropriate22 sentence. The military judge of such a court-martial shall make a general23 finding and shall in addition, on request, find the facts specially. If an24 opinion or memorandum of decision is filed, it will be sufficient if the25 findings of fact appear therein.26 ARTICLE 52. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND OTHER MATTERS27 (a) In general. No person may be convicted of an offense in a general or28 special court-martial, other than:29 (1) After a plea of guilty under article 45(b);30 (2) By a military judge in a court-martial with a military judge alone,31 under article 16; or32 (3) In a court-martial with members under article 16, by the concur-33 rence of at least three-fourths (3/4) of the members present when the34 vote is taken.35 (b) Level of concurrence required.36 (1) In general. Except as provided in subsection (a) of this article37 and in paragraph (2) of this subsection, all matters to be decided by38 members of a general or special court-martial shall be determined by a39 majority vote, but a reconsideration of a finding of guilty or recon-40 sideration of a sentence, with a view toward decreasing the sentence,41 may be made by any lesser vote which indicates that the reconsideration42 is not opposed by the number of votes required for that finding or sen-43 tence.44 (2) Sentencing. All sentences imposed by members shall be deter-45 mined by the concurrence of at least three-fourths (3/4) of the members46 present when the vote is taken.47

33 ARTICLE 53. FINDINGS AND SENTENCING1 (a) Announcement. A court-martial shall announce its findings and sen-2 tence to the parties as soon as determined.3 (b) Sentencing generally.4 (1) General and special courts-martial.5 (A) Sentencing by military judge. Except as provided in subpara-6 graph (B) of this paragraph, and in this code for capital offenses,7 if the accused is convicted of an offense in a trial by general or8 special court-martial, the military judge shall sentence the ac-9 cused.10 (B) Sentencing by members. If the accused is convicted of an of-11 fense by general or special court-martial consisting of a military12 judge and members, and the accused elects sentencing by members13 under article 25, the members shall sentence the accused.14 (C) Sentence of the accused. The sentence determined pursuant to15 this paragraph constitutes the sentence of the accused.16 (2) Summary courts-martial. If the accused is convicted of an offense17 in a trial by summary court-martial, the court-martial shall sentence18 the accused.19 ARTICLE 53a. PLEA AGREEMENTS20 (a) In general.21 (1) At any time before the announcement of findings under article 53,22 the convening authority and the accused may enter into a plea agree-23 ment with respect to such matters as the manner in which the convening24 authority will dispose of one (1) or more charges and specifications25 and limitations on the sentence that may be adjudged for one (1) or more26 charges and specifications.27 (2) The military judge of a general or special court-martial may not28 participate in discussions between the parties concerning prospective29 terms and conditions of a plea agreement.30 (b) Limitation on acceptance of plea agreements. The military judge of31 a general or special court-martial shall reject a plea agreement that:32 (1) Contains a provision that has not been accepted by both parties;33 (2) Contains a provision that is not understood by the accused;34 (3) Except as provided in subsection (c) of this article, contains a35 provision for a sentence that is less than the mandatory minimum sen-36 tence applicable to an offense;37 (4) Is prohibited by law; or38 (5) Is contrary to, or is inconsistent with, a regulation prescribed39 by the governor or his designated representative with respect to terms,40 conditions, or other aspects of plea agreements.41 (c) Limited conditions for acceptance of plea agreement for sentence42 below mandatory minimum for certain offenses. With respect to an offense:43 (1) The military judge may accept a plea agreement that provides for a44 sentence of bad-conduct discharge; and45 (2) Upon recommendation of the trial counsel, in exchange for substan-46 tial assistance by the accused in the investigation or prosecution of47

34 another person who has committed an offense, the military judge may ac-1 cept a plea agreement that provides for a sentence that is less than the2 mandatory minimum sentence for the offense charged.3 (d) Binding effect of plea agreement. Upon acceptance by the military4 judge of a general or special court-martial, a plea agreement shall bind the5 parties and the court-martial.6 ARTICLE 54. RECORD OF TRIAL7 (a) General and special courts-martial. Each general or special court-8 martial shall keep a separate record of the proceedings in each case brought9 before it. The record shall be certified by a court reporter, except that10 in the case of death, disability, or absence of a court reporter, the record11 shall be certified by an official selected as the governor or his designated12 representative may prescribe by regulation.13 (b) (1) A complete verbatim record of the proceedings and testimony14 shall be prepared in each general and special court-martial case re-15 sulting in a conviction; and16 (2) In all other court-martial cases, the record shall contain such17 matters as may be prescribed by regulations.18 (c) Summary courts-martial. Each summary court-martial shall keep a19 separate record of the proceedings in each case, and the record shall be cer-20 tified in the manner as may be prescribed by regulations.21 (d) Copy to accused. A copy of the record of the proceedings of each22 general and special court-martial shall be given to the accused as soon as it23 is certified.24 (e) Contents of record.25 (1) Except as provided in paragraph (2) of this subsection, the record26 shall contain such matters as the governor or his designated represen-27 tative may prescribe by regulation.28 (2) In accordance with regulations prescribed by the governor or his29 designated representative, a complete record of proceedings and testi-30 mony shall be prepared in any case of a sentence of death, dismissal,31 discharge, confinement for more than six (6) months, or forfeiture of32 pay for more than six (6) months.33 (f) A copy of the record of the proceedings of each general and special34 court-martial shall be given to the accused as soon as it is certified.35 (g) In the case of a general or special court-martial, upon request, a36 copy of all prepared records of the proceedings of the court-martial shall37 be given to the victim of the offense if the victim testified during the pro-38 ceedings. The records of the proceedings shall be provided without charge39 and as soon as the records are certified. The victim shall be notified of the40 opportunity to receive the records of the proceedings.41 PART VIII. SENTENCES42 ARTICLE 55. CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED43 Punishment by flogging, or by branding, marking, or tattooing on the body, or44 any other cruel or unusual punishment may not be adjudged by a court-martial45

35 or inflicted upon any person subject to this code. The use of irons, single1 or double, except for the purpose of safe custody, is prohibited.2 ARTICLE 56. SENTENCING3 (a) The punishment which a court-martial may direct for an offense may4 not exceed such limits as prescribed by this code, but in no instance may a5 sentence exceed more than ten (10) years for a military offense, nor shall a6 sentence of death be adjudged. A conviction by general court-martial of any7 military offense for which an accused may receive a sentence of confinement8 for more than one (1) year is a felony offense. Except for convictions by a9 summary court-martial, all other military offenses are misdemeanors. Any10 conviction by a summary court-martial is not a criminal conviction.11 (b) The limits of punishment for violations of the punitive articles12 prescribed herein shall be the lesser of the sentences prescribed by the13 manual for courts-martial of the United States currently in effect, and the14 state manual for courts-martial, but in no instance shall any punishment15 exceed that authorized by this code.16 (c) Imposition of sentence.17 (1) In general. In sentencing an accused, a court-martial shall impose18 punishment that is sufficient, but not greater than necessary, to pro-19 mote justice and to maintain good order and discipline in the state mil-20 itary forces, taking into consideration:21 (A) The nature and circumstances of the offense and the history22 and characteristics of the accused;23 (B) The impact of the offense on:24 (i) The financial, social, psychological, or medical well-25 being of any victim of the offense; and26 (ii) The mission, discipline, or efficiency of the command27 of the accused and any victim of the offense;28 (C) The need for the sentence:29 (i) To reflect the seriousness of the offense;30 (ii) To promote respect for the law;31 (iii) To provide just punishment for the offense;32 (iv) To promote adequate deterrence of misconduct;33 (v) To protect others from further crimes by the accused;34 (vi) To rehabilitate the accused; and35 (vii) To provide, in appropriate cases, the opportunity for36 retraining and return to duty to meet the needs of the ser-37 vice; and38 (D) The sentences available under this chapter.39 (2) Sentencing by military judge. In announcing the sentence in a gen-40 eral or special court-martial in which the accused is sentenced by a41 military judge alone under article 53, the military judge shall, with42 respect to each offense of which the accused is found guilty, specify43 the term of confinement, if any, and the amount of the fine, if any. If44 the accused is sentenced to confinement for more than one (1) offense,45 the military judge shall specify whether the terms of confinement are to46 run consecutively or concurrently.47

36 (3) Sentencing by members. In a general or special court-martial in1 which the accused has elected sentencing by members, the court-martial2 shall announce a single sentence for all of the offenses of which the ac-3 cused was found guilty.4 (d) Appeal of sentence to the district court of the county where the5 court-martial is held.6 (1) With the approval of the senior force judge advocate concerned, the7 government may appeal a sentence, on the grounds that the sentence vio-8 lates the law or the sentence is unreasonable.9 (2) An appeal under this subsection must be filed within forty-two (42)10 days after the date of entry of judgment.11 ARTICLE 56a. RESERVED12 ARTICLE 57. EFFECTIVE DATE OF SENTENCES13 (a) Execution of sentences. A court-martial sentence shall be executed14 and take effect as follows:15 (1) Forfeiture and reduction. A forfeiture of pay or allowances shall16 be applicable to pay and allowances accruing on and after the date on17 which the sentence takes effect. Any forfeiture of pay or allowances18 or reduction in grade that is included in a sentence of a court-martial19 takes effect on the earlier of:20 (A) The date that is fourteen (14) days after the date on which the21 sentence is adjudged; or22 (B) In the case of a summary court-martial, the date on which the23 sentence is approved by the convening authority.24 (2) Confinement. Any period of confinement included in a sentence of25 a court-martial begins to run from the date the sentence is adjudged by26 the court-martial, but periods during which the sentence to confinement27 is suspended or deferred shall be excluded in computing the service of28 the term of confinement.29 (3) Approval of dismissal. If, in the case of a commissioned officer,30 or cadet, or midshipman, the sentence of a court-martial extends to dis-31 missal, that part of the sentence providing for dismissal may not be ex-32 ecuted until approved by the secretary concerned or such undersecretary33 or assistant secretary as may be designated by the secretary concerned.34 In such a case, the secretary, undersecretary, or assistant secretary,35 as the case may be, may commute, remit, or suspend the sentence, or any36 part of the sentence, as the secretary sees fit. In time of war or na-37 tional emergency, he may commute a sentence of dismissal to reduction to38 any enlisted grade. A person so reduced may be required to serve for the39 duration of the war or emergency and six (6) months thereafter.40 (4) Completion of appellate review. If a sentence extends to dis-41 missal, or a dishonorable or bad-conduct discharge, that part of the42 sentence extending to dismissal, or a dishonorable or bad-conduct dis-43 charge, may be executed in accordance with service regulations after44 completion of appellate review and, with respect to dismissal, approval45 under paragraph (3) or (4) of this subsection, as appropriate.46

37 (5) Other sentences. Except as otherwise provided in this subsection,1 a general or special court-martial sentence is effective upon entry of2 judgment and a summary court-martial sentence is effective when the3 convening authority acts on the sentence.4 (b) Deferral of sentences.5 (1) In general. On application by an accused, the convening authority6 or, if the accused is no longer under his jurisdiction, the officer ex-7 ercising general court-martial jurisdiction over the command to which8 the accused is currently assigned may, in his sole discretion, defer the9 effective date of a sentence of confinement, reduction, or forfeiture.10 The deferment shall terminate upon entry of judgment or, in the case of11 a summary court-martial, when the convening authority acts on the sen-12 tence. The deferment may be rescinded at any time by the officer who13 granted it or, if the accused is no longer under his jurisdiction, by the14 officer exercising general court-martial jurisdiction over the command15 to which the accused is currently assigned.16 (2) Deferral of certain persons sentenced to confinement. In any case17 in which a court-martial sentences a person referred to in paragraph (3)18 of this subsection to confinement, the convening authority may defer19 the service of the sentence to confinement, without the consent of that20 person, until after the person has been permanently released to the21 state military forces by a state or foreign country referred to in that22 paragraph.23 (3) Covered persons. Paragraph (2) of this subsection applies to a per-24 son subject to this chapter who, while in the custody of a state or for-25 eign country, is temporarily returned by that state or foreign country26 to the state military forces for trial by court-martial and, after the27 court-martial, is returned to that state or foreign country under the28 authority of a mutual agreement or treaty, as the case may be.29 (4) State defined. In this subsection, the term "state" includes the30 District of Columbia and any commonwealth, territory, or possession of31 the United States.32 (5) Deferral while review pending. In any case in which a court-martial33 sentences a person to confinement, but in which review of the case is34 pending, the secretary concerned may defer further service of the sen-35 tence to confinement while that review is pending.36 (c) Appellate review.37 (1) Completion of appellate review. Appellate review is complete under38 this article when a review under this code is completed or a review is39 completed by the Idaho state courts in accordance with the applicable40 rules of procedure of the Idaho state courts.41 (2) Completion as final judgment of legality of proceedings. The com-42 pletion of appellate review shall constitute a final judgment as to the43 legality of the proceedings.44 ARTICLE 58. EXECUTION OF CONFINEMENT45 (a) A sentence of confinement adjudged by a court-martial, whether or46 not the sentence includes discharge or dismissal, and whether or not the dis-47 charge or dismissal has been executed, may be carried into execution by con-48

38 finement in any place authorized by this code. Persons so confined are sub-1 ject to the same discipline and treatment as persons regularly confined or2 committed to that place of confinement.3 (b) The omission of "hard labor" as a sentence authorized under this4 code does not deprive the state confinement facility from employing it, if it5 otherwise is within the authority of that facility to do so.6 (c) No place of confinement may require payment of any fee or charge for7 so receiving or confining a person except as otherwise provided by law.8 ARTICLE 58a. SENTENCES -- REDUCTION IN ENLISTED GRADE9 (a) A court-martial sentence of an enlisted member in a pay grade above10 E-1, as set forth in the judgment of the court-martial entered into the11 record, includes:12 (1) A dishonorable or bad-conduct discharge;13 (2) Confinement; or14 (3) Reduction of that member to pay grade E-1, if such a reduction is15 authorized by regulation prescribed by the governor or his designated16 representative. The reduction in pay grade shall take effect on the17 date on which the judgment is so entered.18 (b) If the sentence of a member who is reduced in pay grade under sub-19 section (a) of this article is set aside or reduced, or, as finally affirmed,20 does not include any punishment named in subsection (a)(1) or (2) of this ar-21 ticle, the rights and privileges of which the person was deprived because of22 that reduction shall be restored, including pay and allowances.23 ARTICLE 58b. SENTENCES -- FORFEITURE OF24 PAY AND ALLOWANCES DURING CONFINEMENT25 (a) Generally.26 (1) A court-martial sentence described in paragraph (2) of this subsec-27 tion shall result in the forfeiture of pay, or of pay and allowances, due28 that member during any period of confinement or parole. The forfeiture29 pursuant to this article shall take effect on the date determined under30 this code and may be deferred as provided by this code. The pay and al-31 lowances forfeited, in the case of a general court-martial, shall be all32 pay and allowances due that member during such period and, in the case of33 a special court-martial, shall be two-thirds (2/3) of all pay due that34 member during such period.35 (2) A sentence covered by this article is any sentence that includes:36 (A) Confinement for more than six (6) months; or37 (B) Confinement for six (6) months or less and a dishonorable or38 bad-conduct discharge or dismissal.39 (b) In a case involving an accused who has dependents, the convening au-40 thority or other person acting under article 60 of this code may waive any41 or all of the forfeitures of pay and allowances required by subsection (a)42 of this article for a period not to exceed six (6) months. Any amount of pay43 or allowances that, except for a waiver under this subsection, would be for-44 feited shall be paid, as the convening authority or other person taking ac-45 tion directs, to the dependents of the accused.46

39 (c) If the sentence of a member who forfeits pay and allowances under1 subsection (a) of this article is set aside or disapproved or, as finally ap-2 proved, does not provide for a punishment referred to in subsection (a)(2) of3 this article, the member shall be paid the pay and allowances which the mem-4 ber would have been paid, except for the forfeiture, for the period during5 which the forfeiture was in effect.6 PART IX. POSTTRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL7 ARTICLE 59. ERROR OF LAW -- LESSER INCLUDED OFFENSE8 (a) A finding or sentence of a court-martial may not be held incorrect9 on the ground of an error of law unless the error materially prejudices the10 substantial rights of the accused.11 (b) Any reviewing authority with the power to approve or affirm a find-12 ing of guilty may approve or affirm, instead, so much of the finding as in-13 cludes a lesser included offense.14 ARTICLE 60. POSTTRIAL PROCESSING IN GENERAL AND SPECIAL COURTS-MARTIAL15 (a) Statement of trial results.16 (1) The military judge of a general or special court-martial shall en-17 ter into the record of trial a document entitled "statement of trial re-18 sults," which shall set forth:19 (A) Each plea and finding;20 (B) The sentence, if any; and21 (C) Such other information as the governor or his designated rep-22 resentative may prescribe by regulation.23 (2) Copies of the statement of trial results shall be provided promptly24 to the convening authority, the accused, and any victim of the offense.25 (b) Posttrial motions. In accordance with regulations prescribed by26 the governor or his designated representative, the military judge in a gen-27 eral or special court-martial shall address all posttrial motions and other28 posttrial matters that:29 (1) May affect a plea, a finding, the sentence, the statement of trial30 results, the record of trial, or any posttrial action by the convening31 authority; and32 (2) Are subject to resolution by the military judge before entry of33 judgment.34 ARTICLE 61. WAIVER OF RIGHT TO APPEAL -- WITHDRAWAL OF APPEAL35 (a) Waiver of right to appeal. After entry of judgment in a general36 or special court-martial, under procedures prescribed by the secretary con-37 cerned, the accused may waive the right to appellate review in each case sub-38 ject to such review under this code. Such a waiver shall be signed by the ac-39 cused and by defense counsel and attached to the record of trial.40 (b) Withdrawal of appeal. In a general or special court-martial, the41 accused may withdraw an appeal at any time.42

40 (c) Waiver or withdrawal as bar. A waiver or withdrawal under this ar-1 ticle bars review under this code.2 ARTICLE 62. APPEAL BY THE STATE3 (a) Generally.4 (1) In a trial by court-martial in which a punitive discharge may be ad-5 judged, the state may appeal the following, other than a finding of not6 guilty with respect to the charge or specification by the members of the7 court-martial, or by a judge in a bench trial so long as it is not made in8 reconsideration:9 (A) An order or ruling of the military judge which terminates the10 proceedings with respect to a charge or specification.11 (B) An order or ruling which excludes evidence that is substantial12 proof of a fact material in the proceeding.13 (C) An order or ruling which directs the disclosure of classified14 information.15 (D) An order or ruling which imposes sanctions for nondisclosure16 of classified information.17 (E) A refusal of the military judge to issue a protective order18 sought by the state to prevent the disclosure of classified infor-19 mation.20 (F) A refusal by the military judge to enforce an order described21 in subparagraph (E) of this paragraph that has previously been is-22 sued by appropriate authority.23 (G) An order or ruling of the military judge entering a finding of24 not guilty with respect to a charge or specification following the25 return of a finding of guilty by the members.26 (2) (A) An appeal of an order or ruling may not be taken unless27 the trial counsel provides the military judge with written notice28 of appeal from the order or ruling within seventy-two (72) hours29 of the order or ruling. Such notice shall include a certifica-30 tion by the trial counsel that the appeal is not taken for the pur-31 pose of delay and, if the order or ruling appealed is one which ex-32 cludes evidence, that the evidence excluded is substantial proof33 of a fact material in the proceeding.34 (B) An appeal of an order or ruling may not be taken when prohib-35 ited by article 44.36 (3) An appeal under this article shall be diligently prosecuted as pro-37 vided by law.38 (b) An appeal under this article shall be forwarded to the court pre-39 scribed in article 67a of this code. In ruling on an appeal under this arti-40 cle, that court may act only with respect to matters of law.41 (c) Any period of delay resulting from an appeal under this article42 shall be excluded in deciding any issue regarding denial of a speedy trial43 unless an appropriate authority determines that the appeal was filed solely44 for the purpose of delay with the knowledge that it was totally frivolous and45 without merit.46 (d) The United States may appeal a ruling or order of a military magis-47 trate in the same manner as had the ruling or order been made by a military48

41 judge, except that the issue shall first be presented to the military judge1 who designated the military magistrate or to a military judge detailed to2 hear the issue.3 (e) The provisions of this article shall be liberally construed to ef-4 fect its purposes.5 ARTICLE 63. REHEARINGS6 (a) Each rehearing under this code shall take place before a court-mar-7 tial composed of members not members of the court-martial which first heard8 the case. Upon a rehearing, the accused may not be tried for any offense of9 which he was found not guilty by the first court-martial, and no sentence10 in excess of or more severe than the original sentence may be adjudged, un-11 less the sentence is based upon a finding of guilty of an offense not consid-12 ered upon the merits in the original proceedings, or unless the sentence pre-13 scribed for the offense is mandatory.14 (b) If the sentence adjudged by the first court-martial was in accor-15 dance with a plea agreement under article 53a and the accused at the rehear-16 ing does not comply with the agreement, or if a plea of guilty was entered for17 an offense at the first court-martial and a plea of not guilty was entered18 at the rehearing, the sentence as to those charges or specifications may in-19 clude any punishment not in excess of that which could have been adjudged at20 the first court-martial, subject to such limitations as the governor or his21 designated representative may prescribe by regulation.22 (c) If, after appeal by the government under article 56(d), the sen-23 tence adjudged is set aside and a rehearing on sentence is ordered by the24 state court, the court-martial may impose any sentence that is in accordance25 with the order or ruling setting aside the adjudged sentence, subject to such26 limitations as the governor or his designated representative may prescribe27 by regulation.28 ARTICLE 64. REVIEW BY THE SENIOR FORCE JUDGE ADVOCATE29 -- REVIEW OF FINDING OF GUILTY IN SUMMARY COURT-MARTIAL30 (a) The senior force judge advocate's review shall be in writing and31 shall contain the following:32 (1) Conclusions as to whether:33 (A) The court had jurisdiction over the accused and the offense;34 (B) The charge and specification stated an offense; and35 (C) The sentence was within the limits prescribed as a matter of36 law.37 (2) A response to each allegation of error made in writing by the ac-38 cused.39 (3) If the case is sent for action under subsection (b) of this article,40 a recommendation as to the appropriate action to be taken and an opinion41 as to whether corrective action is required as a matter of law.42 (b) Record. The record of trial and related documents in each case re-43 viewed under subsection (a) of this article shall be sent for action to the44 adjutant general if:45

42 (1) The judge advocate who reviewed the case recommends corrective ac-1 tion;2 (2) The sentence approved under this code extends to dismissal, a bad-3 conduct or dishonorable discharge, or confinement for more than six (6)4 months; or5 (3) Such action is otherwise required by regulations of the adjutant6 general.7 (c) The adjutant general's discretion.8 (1) The adjutant general may:9 (A) Disapprove or approve the findings or sentence, in whole or in10 part;11 (B) Remit, commute, or suspend the sentence in whole or in part;12 (C) Except where the evidence was insufficient at the trial to13 support the findings, order a rehearing on the findings, on the14 sentence, or on both; or15 (D) Dismiss the charges.16 (2) If a rehearing is ordered but the convening authority finds a17 rehearing impracticable, the convening authority shall dismiss the18 charges.19 (3) If the opinion of the senior force judge advocate, or designee, in20 the senior force judge advocate's review under subsection (a) of this21 article is that corrective action is required as a matter of law and if22 the adjutant general does not take action that is at least as favorable23 to the accused as that recommended by the judge advocate, the record of24 trial and action thereon shall be sent to the governor for review and ac-25 tion as deemed appropriate.26 (d) The senior force judge advocate, or a designee, may review any case27 in which there has been a finding of not guilty of all charges and specifica-28 tions. The senior force judge advocate, or designee, may not review a case29 under this subsection if that person has acted in the same case as an ac-30 cuser, investigating officer, member of the court, military judge, or coun-31 sel or has otherwise acted on behalf of the prosecution or defense. The se-32 nior force judge advocate's review shall be limited to questions of subject33 matter jurisdiction.34 (e) The record of trial and related documents in each case reviewed un-35 der subsection (d) of this article shall be sent for action to the adjutant36 general.37 (1) The adjutant general may:38 (A) When subject matter jurisdiction is found to be lacking, void39 the court-martial ab initio, with or without prejudice to the gov-40 ernment, as the adjutant general deems appropriate; or41 (B) Return the record of trial and related documents to the senior42 force judge advocate for appeal by the government as provided by43 law.44 ARTICLE 65. TRANSMITTAL AND REVIEW OF RECORDS45 (a) Finding of guilty in general or special court-martial. If the judg-46 ment of a general or special court-martial entered under this code includes47

43 a finding of guilty, the record shall be transmitted to the state staff judge1 advocate.2 (b) Other cases. In all other cases, records of trial by court-martial3 and related documents shall be transmitted and disposed of as the adjutant4 general may prescribe by regulation.5 ARTICLE 66. RESERVED6 ARTICLE 67. RESERVED7 ARTICLE 67a. REVIEW BY STATE APPELLATE AUTHORITY8 Decisions of a court-martial are from a court with jurisdiction to issue9 felony convictions and appeals therefrom will be made to the district court10 of the judicial district wherein the court-martial was conducted within11 forty-two (42) days from the entry of judgment. For courts-martial held out-12 side of the state of Idaho, venue for appeal purposes shall be in the district13 court of the fourth judicial district, Ada county, Idaho. The appellate pro-14 cedures to be followed shall be those provided by law and rule for the appeal15 of state criminal cases.16 ARTICLE 68. RESERVED17 ARTICLE 69. RESERVED18 ARTICLE 70. APPELLATE COUNSEL19 (a) The senior force judge advocate shall detail a judge advocate as ap-20 pellate government counsel to represent the state in the review or appeal of21 cases specified in article 67a of this code and before any federal court when22 requested to do so by the state attorney general. Appellate government coun-23 sel must be a member in good standing of the bar of the highest court of the24 state to which the appeal is taken.25 (b) Upon an appeal by the state, an accused has the right to be repre-26 sented by detailed military counsel before any reviewing authority and be-27 fore any appellate court.28 (c) Upon the appeal by an accused, the accused has the right to be repre-29 sented by military counsel before any reviewing authority.30 (d) Upon the request of an accused entitled to be so represented, the31 senior force judge advocate shall appoint a judge advocate to represent the32 accused in the review or appeal of cases specified in subsections (b) and (c)33 of this article.34 (e) An accused may be represented by civilian appellate counsel at no35 expense to the state.36 ARTICLE 71. EXECUTION OF SENTENCE -- SUSPENSION OF SENTENCE37 (a) If the sentence of the court-martial extends to dismissal or a dis-38 honorable or bad-conduct discharge and if the right of the accused to appel-39 late review is not waived, and an appeal is not withdrawn under article 61 of40

44 this code, that part of the sentence extending to dismissal or a dishonorable1 or bad-conduct discharge may not be executed until there is a final judgment2 as to the legality of the proceedings. A judgment as to the legality of the3 proceedings is final in such cases when review is completed by an appellate4 court prescribed in article 67a of this code and is deemed final by the law of5 state where the judgment was had.6 (b) If the sentence of the court-martial extends to dismissal or a dis-7 honorable or bad conduct discharge and if the right of the accused to appel-8 late review is waived, or an appeal is withdrawn under article 61 of this9 code, that part of the sentence extending to dismissal or a dishonorable or10 bad-conduct discharge may not be executed until review of the case by the se-11 nior force judge advocate and any action on that review under article 64 of12 this code is completed. Any other part of a court-martial sentence may be or-13 dered executed by the convening authority or other person acting on the case14 under article 60 of this code when so approved under that article.15 ARTICLE 72. VACATION OF SUSPENSION16 (a) Before the vacation of the suspension of a special court-martial17 sentence, which as approved includes a bad-conduct discharge, or of any gen-18 eral court-martial sentence, the officer having special court-martial ju-19 risdiction over the probationer shall hold a hearing on an alleged violation20 of probation. The special court-martial convening authority may detail a21 judge advocate who is certified under article 27(b) of this code to conduct22 the hearing. The probationer shall be represented at the hearing by military23 counsel if the probationer so desires.24 (b) The record of the hearing and the recommendation of the officer hav-25 ing special court-martial jurisdiction shall be sent for action to the offi-26 cer exercising general court-martial jurisdiction over the probationer. If27 the officer exercising general court-martial jurisdiction vacates the sus-28 pension, any unexecuted part of the sentence, except a dismissal, shall be29 executed, subject to applicable restrictions under article 57 in this code.30 (c) The suspension of any other sentence may be vacated by any authority31 competent to convene, for the command in which the accused is serving or as-32 signed, a court of the kind that imposed the sentence.33 ARTICLE 73. PETITION FOR A NEW TRIAL34 At any time within three (3) years after approval by the convening authority35 of a court-martial sentence, the accused may petition the adjutant general36 for a new trial on the grounds of newly discovered evidence or fraud on the37 court-martial.38 ARTICLE 74. REMISSION AND SUSPENSION39 (a) Any authority competent to convene, for the command in which the ac-40 cused is serving or assigned, a court of the kind that imposed the sentence41 may remit or suspend any part or amount of the unexecuted part of any sen-42 tence, including all uncollected forfeitures other than a sentence approved43 by the governor.44

45 (b) The governor may, for good cause, substitute an administrative form1 of discharge for a discharge or dismissal executed in accordance with the2 sentence of a court-martial.3 ARTICLE 75. RESTORATION4 (a) Under such regulations as may be prescribed, all rights, privi-5 leges, and property affected by an executed part of a court-martial sentence6 which has been set aside or disapproved, except an executed dismissal or7 discharge, shall be restored unless a new trial or rehearing is ordered and8 such executed part is included in a sentence imposed upon the new trial or9 rehearing.10 (b) If a previously executed sentence of dishonorable or bad-conduct11 discharge is not imposed on a new trial, the governor or his designated rep-12 resentative may substitute therefor a form of discharge authorized for ad-13 ministrative issuance unless the accused is to serve out the remainder of the14 accused's enlistment.15 (c) If a previously executed sentence of dismissal is not imposed on16 a new trial, the governor or his designated representative may substitute17 therefor a form of discharge authorized for administrative issue, and the18 commissioned officer dismissed by that sentence may be reappointed by the19 governor alone to such commissioned grade and with such rank as in the opin-20 ion of the governor that former officer would have attained had he not been21 dismissed. The reappointment of such a former officer shall be without re-22 gard to the existence of a vacancy and shall affect the promotion status of23 other officers only insofar as the governor may direct. All time between the24 dismissal and the reappointment shall be considered as actual service for25 all purposes, including the right to pay and allowances.26 (d) The adjutant general may prescribe regulations, with such limita-27 tions as the adjutant general considers appropriate, governing eligibility28 for pay and allowances for the period after the date on which an executed part29 of a court-martial sentence is set aside.30 ARTICLE 76. FINALITY OF PROCEEDINGS, FINDINGS, AND SENTENCES31 The appellate review of records of trial provided by this code, the proceed-32 ings, findings, and sentences of courts-martial as approved, reviewed, or33 affirmed as required by this code, and all dismissals and discharges car-34 ried into execution under sentences by courts-martial following approval,35 review, or affirmation as required by this code are final and conclusive.36 Orders publishing the proceedings of courts-martial and all action taken37 pursuant to those proceedings are binding upon all departments, courts,38 agencies, and officers of the United States and the several states, subject39 only to action upon a petition for a new trial as provided in article 73 of40 this code and to action under article 74 of this code.41 ARTICLE 76a. LEAVE REQUIRED TO BE TAKEN PEND-42 ING REVIEW OF CERTAIN COURT-MARTIAL CONVICTIONS43

46 Under regulations prescribed, an accused who has been sentenced by a court-1 martial may be required to take leave pending completion of action under this2 article if the sentence, as approved under article 60 of this code, includes3 an unsuspended dismissal or an unsuspended dishonorable or bad-conduct dis-4 charge. The accused may be required to begin such leave on the date on which5 the sentence is approved under article 60 of this code or at any time after6 such date, and such leave may be continued until the date on which action un-7 der this article is completed or may be terminated at any earlier time.8 ARTICLE 76b. RESERVED9 PART X. PUNITIVE ARTICLES10 ARTICLE 77. PRINCIPALS11 Any person subject to this code who:12 (1) Commits an offense punishable by this code, or aids, abets, coun-13 sels, commands, or procures its commission; or14 (2) Causes an act to be done which if directly performed by him would be15 punishable by this code;16 is a principal.17 ARTICLE 78. ACCESSORY AFTER THE FACT18 Any person subject to this code who, knowing that an offense punishable by19 this code has been committed, receives, comforts, or assists the offender in20 order to hinder or prevent his apprehension, trial, or punishment shall be21 punished as a court-martial may direct.22 ARTICLE 79. CONVICTION OF OFFENSE CHARGED,23 LESSER INCLUDED OFFENSES, AND ATTEMPTS24 (a) In general. An accused may be found guilty of any of the following:25 (1) The offense charged;26 (2) A lesser included offense;27 (3) An attempt to commit the offense charged; or28 (4) An attempt to commit a lesser included offense, if the attempt is an29 offense in its own right.30 (b) Definition. In this article, the term "lesser included offense"31 means:32 (1) An offense that is necessarily included in the offense charged; and33 (2) Any lesser included offense so designated by regulation prescribed34 by the adjutant general.35 (c) Regulatory authority. Any designation of a lesser included offense36 in a regulation referred to in subsection (b) of this article shall be rea-37 sonably included in the greater offense.38 ARTICLE 80. ATTEMPTS39

47 (a) An act done with specific intent to commit an offense under this1 code amounting to more than mere preparation and tending, even though fail-2 ing, to effect its commission, is an attempt to commit that offense.3 (b) Any person subject to this code who attempts to commit any offense4 punishable by this code shall be punished as a court-martial may direct, un-5 less otherwise specifically prescribed.6 (c) Any person subject to this code may be convicted of an attempt to7 commit an offense although it appears on the trial that the offense was con-8 summated.9 ARTICLE 81. CONSPIRACY10 Any person subject to this code who conspires with any other person to com-11 mit an offense under this code shall, if one (1) or more of the conspira-12 tors commits an act to effect the object of the conspiracy, be punished as a13 court-martial may direct.14 ARTICLE 82. SOLICITATION15 (a) Soliciting commission of offenses generally. Any person subject16 to this code who solicits or advises another to commit an offense under this17 code, other than an offense specified in subsection (b) of this article,18 shall be punished as a court-martial may direct.19 (b) Soliciting desertion, mutiny, sedition, or misbehavior before the20 enemy. Any person subject to this code who solicits or advises another to21 violate article 85, article 94, or article 99:22 (1) If the offense solicited or advised is attempted or is committed,23 shall be punished with the punishment provided for the commission of the24 offense; and25 (2) If the offense solicited or advised is not attempted or committed,26 shall be punished as a court-martial may direct.27 ARTICLE 83. MALINGERING28 Any person subject to this code who, for the purpose of avoiding work, duty,29 or service, feigns illness, physical disablement, mental lapse, or derange-30 ment, or who intentionally inflicts self-injury, shall be punished as a31 court-martial may direct.32 ARTICLE 84. BREACH OF MEDICAL QUARANTINE33 Any person subject to this code who is ordered into medical quarantine by a34 person authorized to issue such order and who, with knowledge of the quar-35 antine and the limits of the quarantine, goes beyond those limits before be-36 ing released from the quarantine by proper authority shall be punished as a37 court-martial may direct.38 ARTICLE 85. DESERTION39 (a) Any member of the state military forces who:40

48 (1) Without authority goes or remains absent from his unit, organiza-1 tion, or place of duty with intent to remain away there from therefrom2 permanently;3 (2) Quits his unit, organization, or place of duty with intent to avoid4 hazardous duty or to shirk important service; or5 (3) Without being regularly separated from one of the state military6 forces, enlists or accepts an appointment in the same or another one of7 the state military forces, or in one of the armed forces of the United8 States, without fully disclosing the fact that he has not been regularly9 separated, or enters any foreign armed service except when authorized10 by the United States;11 is guilty of desertion.12 (b) Any commissioned officer of the state military forces who, after13 tender of his resignation and before notice of its acceptance, quits his14 post or proper duties without leave and with intent to remain away there from15 therefrom permanently is guilty of desertion.16 (c) Any person found guilty of desertion or attempt to desert shall be17 punished, if the offense is committed in time of war, by confinement of not18 more than ten (10) years or such other punishment as a court-martial may di-19 rect, but if the desertion or attempt to desert occurs at any other time, by20 such punishment as a court-martial may direct.21 ARTICLE 86. ABSENCE WITHOUT LEAVE22 Any person subject to this code who, without authority:23 (1) Fails to go to his appointed place of duty at the time prescribed;24 (2) Goes from that place; or25 (3) Absents himself or remains absent from his unit, organization, or26 place of duty at which he is required to be at the time prescribed;27 shall be punished as a court-martial may direct.28 ARTICLE 87. MISSING MOVEMENT29 Any person subject to this code who through neglect or design misses the30 movement of a ship, aircraft, or unit with which he is required in the course31 of duty to move shall be punished as a court-martial may direct.32 ARTICLE 87a. RESISTANCE, FLIGHT, BREACH OF ARREST, AND ESCAPE33 Any person subject to this code who resists apprehension, flees from appre-34 hension, breaks arrest, or escapes from custody or confinement shall be pun-35 ished as a court-martial may direct.36 ARTICLE 87b. OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION37 (a) Escape from correctional custody. Any person subject to this code:38 (1) Who is placed in correctional custody by a person authorized to do39 so;40 (2) Who, while in correctional custody, is under physical restraint;41 and42

49 (3) Who escapes from the physical restraint before being released from1 the physical restraint by proper authority;2 shall be punished as a court-martial may direct.3 (b) Breach of correctional custody. Any person subject to this code:4 (1) Who is placed in correctional custody by a person authorized to do5 so;6 (2) Who, while in correctional custody, is under restraint other than7 physical restraint; and8 (3) Who goes beyond the limits of the restraint before being released9 from the correctional custody or relieved of the restraint by proper au-10 thority;11 shall be punished as a court-martial may direct.12 (c) Breach of restriction. Any person subject to this code:13 (1) Who is ordered to be restricted to certain limits by a person autho-14 rized to do so; and15 (2) Who, with knowledge of the limits of the restriction, goes beyond16 those limits before being released by proper authority;17 shall be punished as a court-martial may direct.18 ARTICLE 88. CONTEMPT TOWARD OFFICIALS19 Any commissioned officer who uses contemptuous words against the president,20 the vice president, congress, the secretary of defense, the secretary of a21 military department, the secretary of homeland security, or the governor or22

legislature of the state shall be punished as a court-martial may direct.23 ARTICLE 89. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER24 (a) Disrespect. Any person subject to this code who behaves with disre-25 spect toward that person's superior commissioned officer shall be punished26 as a court-martial may direct.27 (b) Assault. Any person subject to this code who strikes that person's28 superior commissioned officer or draws or lifts up any weapon or offers any29 violence against that officer while the officer is in the execution of the30 officer's office shall be punished: if the offense is committed in time of31 war, by confinement of not more than ten (10) years or such other punishment32 as a court-martial may direct; and, if the offense is committed at any other33 time, by such punishment as a court-martial may direct.34 ARTICLE 90. ASSAULTING OR WILLFULLY DIS-35 OBEYING SUPERIOR COMMISSIONED OFFICER36 Any person subject to this code who:37 (1) Strikes his superior commissioned officer or draws or lifts up any38 weapon or offers any violence against him while he is in the execution of his39 office; or40 (2) Willfully disobeys a lawful command of his superior commissioned41 officer;42 shall be punished, if the offense is committed in time of war, by confinement43 of not more than ten (10) years or such other punishment as a court-martial44

50 may direct, and if the offense is committed at any other time, by such punish-1 ment as a court-martial may direct.2 ARTICLE 91. INSUBORDINATE CONDUCT TOWARD WARRANT OF-3 FICER, NONCOMMISSIONED OFFICER OR PETTY OFFICER4 Any warrant officer or enlisted member who:5 (1) Strikes or assaults a warrant officer, noncommissioned officer, or6 petty officer, while that officer is in the execution of his office;7 (2) Willfully disobeys the lawful order of a warrant officer, noncom-8 missioned officer, or petty officer; or9 (3) Treats with contempt or is disrespectful in language or deportment10 toward a warrant officer, noncommissioned officer, or petty officer, while11 that officer is in the execution of his office;12 shall be punished as a court-martial may direct.13 ARTICLE 92. FAILURE TO OBEY ORDER OR REGULATION14 Any person subject to this code who:15 (1) Violates or fails to obey any lawful general order or regulation;16 (2) Having knowledge of any other lawful order issued by a member of the17 state military forces, which it is his duty to obey, fails to obey the order;18 or19 (3) Is derelict in the performance of his duties;20 shall be punished as a court-martial may direct.21 ARTICLE 93. CRUELTY AND MALTREATMENT22 Any person subject to this code who is guilty of cruelty toward, or oppres-23 sion or maltreatment of, any person subject to his orders shall be punished24 as a court-martial may direct.25 ARTICLE 93a. PROHIBITED ACTIVITY WITH MILITARY RE-26 CRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST27 (a) Abuse of training leadership position. Any person subject to this28 code:29 (1) Who is an officer or a noncommissioned officer;30 (2) Who is in a training leadership position with respect to a specially31 protected junior member of the state military forces; and32 (3) Who engages in prohibited sexual activity with such specially pro-33 tected junior member of the state military forces;34 shall be punished as a court-martial may direct.35 (b) Abuse of position as military recruiter. Any person subject to this36 code:37 (1) Who is a military recruiter and engages in prohibited sexual activ-38 ity with an applicant for state military service; or39 (2) Who is a military recruiter and engages in prohibited sexual ac-40 tivity with a specially protected junior member of the state military41 forces who is enlisted under a delayed entry program;42

51 shall be punished as a court-martial may direct.1 (c) Consent. Consent is not a defense for any conduct at issue in a2 prosecution under this article.3 (d) Definitions. In this article:4 (1) "Specially protected junior member of the state military forces"5 means:6 (A) A member of the state military forces who is assigned to, or is7 awaiting assignment to, basic training or other initial training,8 including a member who is enlisted under a delayed entry program;9 (B) A member of the state military forces who is a cadet, an of-10 ficer candidate, or a student in any other officer qualification11 program; and12 (C) A member of the state military forces in any program that, by13 regulation prescribed by the secretary concerned, is identified14 as a training program for initial career qualification.15 (2) "Training leadership position" means, with respect to a specially16 protected junior member of the state military forces, any instructor17 position or other leadership position in a basic training program,18 an officer candidate school, a reserve officers' training corps unit19 (ROTC), a training program for entry into the state military forces, or20 any program that, by regulation prescribed by the secretary concerned,21 is identified as a training program for initial career qualification.22 (3) "Applicant for state military service" means a person who, under23 the regulations prescribed by the secretary concerned, is an applicant24 for original enlistment or appointment in the state military forces.25 (4) "Military recruiter" means a person who, under regulation pre-26 scribed by the secretary concerned, has the primary duty to recruit27 persons for the state military forces.28 (5) "Prohibited sexual activity" means, as specified in the regula-29 tions prescribed by the governor or his designated representative,30 inappropriate physical intimacy under circumstances described in such31 regulations.32 ARTICLE 94. MUTINY OR SEDITION33 (a) Any person subject to this code who:34 (1) With intent to usurp or override lawful military authority, re-35 fuses, in concert with any other person, to obey orders or otherwise do36 his duty or creates any violence or disturbance is guilty of mutiny;37 (2) With intent to cause the overthrow or destruction of lawful civil38 authority, creates, in concert with any other person, revolt, violence,39 or other disturbance against that authority is guilty of sedition;40 (3) Fails to do his utmost to prevent and suppress a mutiny or sedi-41 tion being committed in his presence, or fails to take all reasonable42 means to inform his superior commissioned officer or commanding officer43 of a mutiny or sedition which he knows or has reason to believe is taking44 place, is guilty of a failure to suppress or report a mutiny or sedition.45 (b) A person who is found guilty of attempted mutiny, mutiny, sedition,46 or failure to suppress or report a mutiny or sedition shall be punished as a47 court-martial may direct.48

52 ARTICLE 95. OFFENSES BY SENTINEL OR LOOKOUT1 (a) Drunk or sleeping on post, or leaving post before being relieved.2 Any sentinel or lookout who is drunk on post, who sleeps on post, or who3 leaves post before being regularly relieved shall be punished:4 (1) If the offense is committed in time of war, by confinement of not5 more than ten (10) years or other punishment as a court-martial may di-6 rect; and7 (2) If the offense is committed at any other time, by such punishment as8 a court-martial may direct.9 (b) Loitering or wrongfully sitting on post. Any sentinel or lookout10 who loiters or wrongfully sits down on post shall be punished as a court-mar-11 ital may direct.12 ARTICLE 95a. DISRESPECT TOWARD SENTINEL OR LOOKOUT13 (a) Disrespectful language toward sentinel or lookout. Any person sub-14 ject to this code who, knowing that another person is a sentinel or lookout,15 uses wrongful and disrespectful language that is directed toward and within16 the hearing of the sentinel or lookout who is in the execution of duties as a17 sentinel or lookout shall be punished as a court-martial may direct.18 (b) Disrespectful behavior toward sentinel or lookout. Any person sub-19 ject to this code who, knowing that another person is a sentinel or lookout,20 behaves in a wrongful and disrespectful manner that is directed toward and21 within the sight of the sentinel or lookout who is in the execution of duties22 as a sentinel or lookout shall be punished as a court-martial may direct.23 ARTICLE 96. RELEASING PRISONER WITHOUT24 PROPER AUTHORITY -- DRINKING WITH PRISONER25 (a) Any person subject to this code who, without proper authority, re-26 leases any prisoner committed to his charge, or who through neglect or design27 suffers any such prisoner to escape, shall be punished as a court-martial may28 direct, whether or not the prisoner was committed in strict compliance with29 law.30 (b) Drinking with prisoner. Any person subject to this code who unlaw-31 fully drinks any alcoholic beverage with a prisoner shall be punished as a32 court-martial may direct.33 ARTICLE 97. UNLAWFUL DETENTION34 Any person subject to this code who, except as provided by law or regulation,35 apprehends, arrests, or confines any person shall be punished as a court-36 martial may direct.37 ARTICLE 98. MISCONDUCT AS PRISONER38 Any person subject to this code who:39 (1) For the purpose of securing favorable treatment by his captors,40 acts without proper authority in a manner contrary to law, custom, or regu-41

53 lation, to the detriment of others of whatever nationality held by the enemy1 as civilian or military prisoners; or2 (2) While in a position of authority over such persons, maltreats them3 without justifiable cause;4 shall be punished as a court-martial may direct.5 ARTICLE 99. MISBEHAVIOR BEFORE THE ENEMY6 Any person subject to this code who before or in the presence of the enemy:7 (1) Runs away;8 (2) Shamefully abandons, surrenders, or delivers up any command, unit,9 place, or military property which it is his duty to defend;10 (3) Through disobedience, neglect, or intentional misconduct endan-11 gers the safety of any such command, unit, place, or military property;12 (4) Casts away his arms or ammunition;13 (5) Is guilty of cowardly conduct;14 (6) Quits his place of duty to plunder or pillage;15 (7) Causes false alarms in any command, unit, or place under control of16 the armed forces of the United States or the state military forces;17 (8) Willfully fails to do his utmost to encounter, engage, capture, or18 destroy any enemy troops, combatants, vessels, aircraft, or any other thing,19 which it is his duty so to encounter, engage, capture, or destroy; or20 (9) Does not afford all practicable relief and assistance to any21 troops, combatants, vessels, or aircraft of the armed forces belonging to22 the United States or its allies, to the state, or to any other state, when23 engaged in battle;24 shall be punished as a court-martial may direct.25 ARTICLE 100. SUBORDINATE COMPELLING SURRENDER26 Any person subject to this code who compels or attempts to compel the comman-27 der of any of the state military forces of the state, or of any other state,28 place, vessel, aircraft, or other military property, or of any body of mem-29 bers of the armed forces, to give it up to an enemy or to abandon it, or who30 strikes the colors or flag to an enemy without proper authority, shall be31 punished as a court-martial may direct.32 ARTICLE 101. IMPROPER USE OF COUNTERSIGN33 Any person subject to this code who in time of war discloses the parole or34 countersign to any person not entitled to receive it or who gives to another,35 who is entitled to receive and use the parole or countersign, a different pa-36 role or countersign from that which, to his knowledge, he was authorized and37 required to give, shall be punished as a court-martial may direct.38 ARTICLE 102. FORCING A SAFEGUARD39 Any person subject to this code who forces a safeguard shall be punished as a40 court-martial may direct.41

54 ARTICLE 103. CAPTURED OR ABANDONED PROPERTY1 (a) All persons subject to this code shall secure all public property2 taken for the service of the United States or the state and shall give notice3 and turn over to the proper authority without delay all captured or abandoned4 property in their possession, custody, or control.5 (b) Any person subject to this code who:6 (1) Fails to carry out the duties prescribed in subsection (a) of this7 article;8 (2) Buys, sells, trades, or in any way deals in or disposes of taken,9 captured, or abandoned property, whereby he receives or expects any10 profit, benefit, or advantage to himself or another directly or indi-11 rectly connected with himself; or12 (3) Engages in looting or pillaging;13 shall be punished as a court-martial may direct.14 ARTICLE 103a. SPIES -- RESERVED15 ARTICLE 103b. ESPIONAGE -- RESERVED16 ARTICLE 103c. AIDING THE ENEMY17 Any person subject to this code who:18 (1) Aids, or attempts to aid, the enemy with arms, ammunition, sup-19 plies, money, or other things; or20 (2) Without proper authority, knowingly harbors or protects or gives21 intelligence to, or communicates or corresponds with or holds any in-22 tercourse with the enemy, either directly or indirectly;23 shall be punished as a court-martial may direct.24 ARTICLE 104. PUBLIC RECORD OFFENSES25 Any person subject to this code who, willfully and unlawfully:26 (1) Alters, conceals, removes, mutilates, obliterates, or destroys a27 public record; or28 (2) Takes a public record with the intent to alter, conceal, remove, mu-29 tilate, obliterate, or destroy the public record;30 shall be punished as a court-martial may direct.31 ARTICLE 104a. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION32 Any person who:33 (1) Procures his own enlistment or appointment in the state military34 forces by knowingly false representation or deliberate concealment as to his35 qualifications for that enlistment or appointment and receives pay or al-36 lowances thereunder; or37

55 (2) Procures his own separation from the state military forces by know-1 ingly false representation or deliberate concealment as to his eligibility2 for that separation;3 shall be punished as a court-martial may direct.4 ARTICLE 104b. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION5 Any person subject to this code who effects an enlistment or appointment in6 or a separation from the state military forces of any person who is known to7 him to be ineligible for that enlistment, appointment, or separation because8 it is prohibited by law, regulation, or order shall be punished as a court-9 martial may direct.10 ARTICLE 105. RESERVED11 ARTICLE 105a. FALSE OR UNAUTHORIZED PASS OFFENSES12 (1) Wrongful making, altering, counterfeiting, tampering. Any person13 subject to this code who, wrongfully and falsely, makes, alters, counter-14 feits, or tampers with a military or official pass, permit, discharge cer-15 tificate, or identification card shall be punished as a court-martial may16 direct.17 (2) Wrongful sale, etc. Any person subject to this code who wrongfully18 sells, gives, lends, or disposes of a false or unauthorized military or of-19 ficial pass, permit, discharge certificate, or identification card, know-20 ing that the pass, permit, discharge certificate, or identification card is21 false or unauthorized, shall be punished as a court-martial may direct.22 (3) Wrongful use or possession. Any person subject to this code who23 wrongfully uses or possesses a false or unauthorized military or official24 pass, permit, discharge certificate, or identification card, knowing that25 the pass, permit, discharge certificate, or identification card is false or26 unauthorized, shall be punished as a court-martial may direct.27 ARTICLE 106. IMPERSONATION OF AN OFFICER, NONCOM-28 MISSIONED OR PETTY OFFICER, OR AGENT OR OFFICIAL29 (1) In general. Any person subject to this code who, wrongfully and30 willfully, impersonates:31 (a) An officer, a noncommissioned officer, or a petty officer;32 (b) An agent of superior authority of one of the armed forces; or33 (c) An officer of a government;34 shall be punished as a court-martial may direct.35 (2) Impersonation with intent to defraud. Any person subject to this36 code who, wrongfully and willfully and with intent to defraud, impersonates37 any person referred to in subsection (1) of this article shall be punished as38 a court-martial may direct.39 (3) Impersonation of government official without intent to defraud.40 Any person subject to this code who, wrongfully and willfully and without41 intent to defraud, impersonates an official of a government by committing42

56

an act that exercises or asserts the authority of the office that the person1 claims to have shall be punished as a court-martial may direct.2 ARTICLE 106a. WEARING UNAUTHORIZED INSIGNIA, DEC-3 ORATION, BADGE, RIBBON, DEVICE, OR LAPEL BUTTON4 Any person subject to this code:5 (1) Who is not authorized to wear an insignia, decoration, badge, rib-6 bon, device, or lapel button; and7 (2) Who wrongfully wears such insignia, decoration, badge, ribbon, de-8 vice, or lapel button upon the person's uniform or civilian clothing;9 shall be punished as a court-martial may direct.10 ARTICLE 107. FALSE OFFICIAL STATEMENTS11 (1) False official statements. Any person subject to this code who,12 with intent to deceive:13 (a) Signs any false record, return, regulation, order, or other offi-14 cial document in the line of duty, knowing it to be false; or15 (b) Makes any other false official statement in the line of duty, know-16 ing it to be false;17 shall be punished as a court-martial may direct.18 (2) False swearing. Any person subject to this code:19 (a) Who is on military orders;20 (b) Who takes an oath that:21 (i) Is administered in a manner in which such oath is required or22 authorized by law; and23 (ii) Is administered by a person with authority to do so; and24 (c) Who, upon such oath, makes or subscribes to a statement, if the25 statement is false and at the time of taking the oath the person does not26 believe the statement to be true,;27 shall be punished as a court-martial may direct.28 ARTICLE 107a. PAROLE VIOLATION29 Any person subject to this code:30 (1) Who, having been a prisoner as the result of a court-martial convic-31 tion or other criminal proceeding, is on parole with conditions; and32 (2) Who violates the conditions of parole;33 shall be punished as a court-martial may direct.34 ARTICLE 108. MILITARY PROPERTY -- LOSS, DAM-35 AGE, DESTRUCTION OR WRONGFUL DISPOSITION36 Any person subject to this code who, without proper authority:37 (1) Sells or otherwise disposes of;38 (2) Willfully or through neglect damages, destroys, or loses; or39 (3) Willfully or through neglect suffers to be lost, damaged, de-40 stroyed, sold, or wrongfully disposed of;41

57 any military property of the United States or of any state shall be punished1 as a court-martial may direct.2 ARTICLE 108a. CAPTURED OR ABANDONED PROPERTY3 (1) All persons subject to this code shall secure all public property4 taken for the service of the United States, or the state, and shall give5 notice and turn over to the proper authority without delay all captured or6 abandoned property in their possession, custody, or control.7 (2) Any person subject to this code who:8 (a) Fails to carry out the duties prescribed in subsection (1) of this9 article;10 (b) Buys, sells, trades, or in any way deals in or disposes of taken,11 captured, or abandoned property, whereby he receives or expects any12 profit, benefit, or advantage to himself or another directly or indi-13 rectly connected with himself; or14 (c) Engages in looting or pillaging;15 shall be punished as a court-martial may direct.16 ARTICLE 109. PROPERTY OTHER THAN MILITARY17 PROPERTY -- WASTE, SPOILAGE OR DESTRUCTION18 Any person subject to this code who willfully or recklessly wastes, spoils,19 or otherwise willfully and wrongfully destroys or damages any property other20 than military property of the United States or of any state shall be punished21 as a court-martial may direct.22 ARTICLE 109a. MAIL MATTER -- WRONGFUL TAKING, OPENING23 (1) Taking. Any person subject to this code who, with the intent to ob-24 struct the correspondence of, or to pry into the business or secrets of, any25 person or organization, while on military duty, wrongfully takes mail matter26 before the mail matter is delivered to or received by the addressee shall be27 punished as a court-martial may direct.28 (2) Opening, secreting, destroying, stealing. Any person subject to29 this code who, while on military duty, wrongfully opens, secretes, destroys,30 or steals mail matter before the mail matter is delivered to or received by31 the addressee shall be punished as a court-martial may direct.32 ARTICLE 110. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT33 (a) Willful and wrongful hazarding. Any person subject to this code who34 willfully and wrongfully hazards or suffers to be hazarded any vessel or air-35 craft of the armed forces of the United States or any state military forces36 shall suffer such punishment as a court-martial may direct.37 (b) Negligent hazarding. Any person subject to this code who negli-38 gently hazards or suffers to be hazarded any vessel or aircraft of the armed39 forces of the United States or any state military forces shall be punished as40 a court-martial may direct.41

58 ARTICLE 111. LEAVING SCENE OF A VEHICLE ACCIDENT1 (a) Driver. Any person on state military orders:2 (1) Who is the driver of a vehicle that is involved in an accident that3 results in personal injury or property damage; and4 (2) Who wrongfully leaves the scene of the accident;5 (3) Who, without providing assistance to an injured person; or6 (4) Who, without providing personal identification to others involved7 in the accident or to appropriate authorities;8 shall be punished as a court-martial may direct.9 (b) Senior passenger. Any person subject to this code:10 (1) Who is passenger in a vehicle that is involved in an accident that11 results in personal injury or property damage;12 (2) Who is the superior commissioned or noncommissioned officer of the13 driver of the vehicle or is the commander of the vehicle; and14 (3) Who wrongfully and unlawfully orders, causes, or permits the driver15 to leave the scene of the accident;16 (i) Without providing assistance to an injured person; or17 (ii) Without providing personal identification to others in-18 volved in the accident or to appropriate authorities;19 shall be punished as a court-martial may direct.20 ARTICLE 112. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES21 (1) Drunk on duty. Any person subject to this code who is drunk on duty22 shall be punished as a court-martial may direct.23 (2) Incapacitation for duty from drunkenness or drug use. Any person24 subject to this code who, as a result of indulgence in any alcoholic bever-25 age or any drug, is incapacitated for the proper performance of duty shall be26 punished as a court-martial may direct.27 (3) Drunk prisoner. Any person subject to this code who is a prisoner28 and, while in such status, is drunk shall be punished as a court-martial may29 direct.30 (4) Definitions. "Drunk" means any intoxication sufficient to impair31 the rational and full exercise of the mental or physical faculties, or an al-32 cohol concentration of 0.08 or more as shown by an analysis of the person's33 blood, breath, or urine subject to the testing standards within title 18,34 Idaho Code. "Incapacitated" means unfit or unable to perform duties prop-35 erly as a result of prior alcohol consumption.36 (5) Testing. Commanders may order the person to provide a breath,37 blood, or urine sample if the commander has probable cause to believe that38 the person is drunk or incapacitated while on duty. Testing under this ar-39 ticle will be performed by a peace officer, hospital, or health care profes-40 sional in the jurisdiction in which a violation of this article has occurred.41 No military member, peace officer, hospital, or heath care professional, as42 defined in title 18, Idaho Code, shall incur any civil or criminal liability43 for any act arising out of administering an evidentiary test for alcohol44 concentration or for the presence of drugs or other intoxicating substances45 at the request of a commander. In the event a person ordered to provide a46

59 breath, blood, or urine sample refuses to do so, that person may be punished1 for violating a lawful order as a court-martial may direct.2 ARTICLE 112a. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED SUBSTANCES3 (a) Any person subject to this code who wrongfully uses, possesses,4 manufactures, distributes, imports into the customs territory of the United5 States, exports from the United States, or introduces into an installation,6 vessel, vehicle, or aircraft used by or under the control of the armed forces7 of the United States or of any state military forces a substance described8 in subsection (b) of this article shall be punished as a court-martial may9 direct.10 (b) The substances referred to in subsection (a) of this article are the11 following:12 (1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide,13 methamphetamine, phencyclidine, barbituric acid, and marijuana and any14 compound or derivative of any such substance.15 (2) Any substance not specified in paragraph (1) of this subsection16 that is listed on a schedule of controlled substances prescribed by the17 president for the purposes of the uniform code of military justice of18 the armed forces of the United States, 10 U.S.C. 801 et seq.19 (3) Any other substance not specified in paragraph (1) of this subsec-20 tion or contained on a list prescribed by the president under paragraph21 (2) of this subsection that is listed in schedules I through V of article22 202 of the controlled substances act, 21 U.S.C. 812.23 ARTICLE 113. RESERVED24 ARTICLE 114. ENDANGERMENT OFFENSES25 (a) Reckless endangerment. Any person subject to this code who engages26 in conduct that:27 (1) Is wrongful and reckless or is wanton; and28 (2) Is likely to produce death or grievous bodily harm to another per-29 son;30 shall be punished as a court-martial may direct.31 (b) Dueling. Any person subject to this code:32 (1) Who fights or promotes, or is concerned in or connives at fighting,33 a duel; or34 (2) Who, having knowledge of a challenge sent or about to be sent, fails35 to report the fact promptly to the proper authority;36 shall be punished as a court-martial may direct.37 (c) Firearm discharge, endangering human life. Any person subject to38 this code who negligently discharges a firearm under circumstances such as39 to endanger human life shall be punished as a court-martial may direct.40 (d) Carrying concealed weapon. Any person subject to this chapter41 who, while on military orders, unlawfully or in violation of the adjutant42 general's policy or regulation, carries a dangerous weapon concealed on or43 about his person shall be punished as a court-martial may direct.44

60 ARTICLE 115. COMMUNICATING THREATS1 (1) Communicating threats generally. Any person subject to this code2 who wrongfully communicates a threat to injure the person, property, or rep-3 utation of another shall be punished as a court-martial may direct.4 (2) Communicating threat to use explosive, etc. Any person subject to5 this code who wrongfully communicates a threat to injure the person or prop-6 erty of another by use of:7 (a) An explosive;8 (b) A weapon of mass destruction;9 (c) A biological or chemical agent, substance, or weapon; or10 (d) A hazardous material;11 shall be punished as a court-martial may direct.12 (3) Communicating false threat concerning use of explosive, etc. Any13 person subject to this code who maliciously communicates a false threat con-14 cerning injury to the person or property of another by use of:15 (a) An explosive;16 (b) A weapon of mass destruction;17 (c) A biological or chemical agent, substance, or weapon; or18 (d) A hazardous material;19 shall be punished as a court-martial may direct. The term "false threat" as20 used in this subsection means a threat that, at the time the threat is commu-21 nicated, is known to be false by the person communicating the threat.22 ARTICLE 116. RIOT OR BREACH OF PEACE23 Any person subject to this code who causes or participates in any riot or24 breach of the peace shall be punished as a court-martial may direct.25 ARTICLE 117. PROVOKING SPEECHES OR GESTURES26 Any person subject to this code who uses provoking or reproachful words or27 gestures towards any other person subject to this code shall be punished as a28 court-martial may direct.29 ARTICLE 118. RESERVED30 ARTICLE 119. RESERVED31 ARTICLE 120. RESERVED32 ARTICLE 121. RESERVED33 ARTICLE 122. RESERVED34 ARTICLE 123. OFFENSES CONCERNING GOVERNMENT COMPUTERS35 (a) In general. Any person subject to this chapter who:36

61 (1) Knowingly accesses a government computer, with an unauthorized1 purpose, and by doing so obtains classified information, with reason2 to believe such information could be used to the injury of the United3 States or the state, or to the advantage of any foreign nation, and4 intentionally communicates, delivers, transmits, or causes to be com-5 municated, delivered, or transmitted such information to any person not6 entitled to receive it;7 (2) Intentionally accesses a government computer, with an unauthorized8 purpose, and thereby obtains classified or other protected information9 from any such government computer; or10 (3) Knowingly causes the transmission of a program, information, code,11 or command and, as a result of such conduct, intentionally causes damage12 without authorization to a government computer;13 shall be punished as a court-martial may direct.14 (b) Definition. In this article, the term "government computer" means15 a computer owned or operated by or on behalf of the United States government16 or state.17 ARTICLE 123a. RESERVED18 ARTICLE 124. RESERVED19 ARTICLE 124a. BRIBERY20 (a) Asking for, accepting, or receiving a thing of value. Any person21 subject to this code:22 (1) Who occupies an official position or who has official duties with23 the state military forces; and24 (2) Who wrongfully asks, accepts, or receives a thing of value with25 the intent to have the person's decisions or actions influenced with26 respect to an official matter in which the United States or the state is27 interested;28 shall be punished as a court-martial may direct.29 (b) Promising, offering, or giving a thing of value. Any person subject30 to this code who wrongfully promises, offers, or gives a thing of value to31 another person who occupies an official position or who has official duties32 with the state military forces, with the intent to influence the decision33 or action of another person with respect to an official matter in which the34 United States or the state is interested, shall be punished as a court-mar-35 tial may direct.36 ARTICLE 124b. GRAFT37 (a) Asking for, accepting, or receiving a thing of value. Any person38 subject to this code:39 (1) Who occupies an official position or who has official duties with40 the state military forces; and41 (2) Who wrongfully asks, accepts, or receives a thing of value as com-42 pensation for or in recognition of services rendered or to be rendered43

62 by the person with respect to an official matter in which the United1 States or the state is interested;2 shall be punished as a court-martial may direct.3 (b) Promising, offering, or giving a thing of value. Any person sub-4 ject to this code who wrongfully promises, offers, or gives a thing of value5 to another person who occupies an official position or who has official du-6 ties with the state military forces, as compensation for or in recognition of7 services rendered or to be rendered by the other person with respect to an of-8 ficial matter in which the United States or the state is interested, shall be9 punished as a court-martial may direct.10 ARTICLE 125. RESERVED11 ARTICLE 126. RESERVED12 ARTICLE 127. RESERVED13 ARTICLE 128. RESERVED14 ARTICLE 129. RESERVED15 ARTICLE 130. RESERVED16 ARTICLE 131. RESERVED17 ARTICLE 131a. RESERVED18 ARTICLE 131b. OBSTRUCTING JUSTICE19 Any person subject to this code who engages in conduct in the case of a cer-20 tain person against whom the accused had reason to believe there were or21 would be criminal or disciplinary proceedings pending pursuant to this code,22 with intent to influence, impede, or otherwise obstruct the due administra-23 tion of justice, shall be punished as a court-martial may direct.24 ARTICLE 131c. MISPRISION OF A SERIOUS OFFENSE25 In general. Any person subject to this code:26 (1) Who knows that another person has committed a serious offense; and27 (2) Who wrongfully conceals the commission of the offense and fails to28 make the commission of the offense known to civilian or military authorities29 as soon as possible;30 shall be punished as a court-martial may direct.31 ARTICLE 131d. WRONGFUL REFUSAL TO TESTIFY32 Any person subject to this code who, in the presence of a court-martial, a33 board of officers, a military commission, a court of inquiry, a prelimi-34 nary hearing, or an officer taking a deposition of or for the state military35 forces or for the United States, wrongfully refuses to qualify as a witness36

63 or to answer a question after having been directed to do so by the person1 presiding shall be punished as a court-martial may direct.2 ARTICLE 131e. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY3 Any person subject to this code who, knowing that one (1) or more persons au-4 thorized to make searches and seizures are seizing, are about to seize, or5 are endeavoring to seize property, destroys, removes, or otherwise disposes6 of the property with intent to prevent the seizure thereof shall be punished7 as a court-martial may direct.8 ARTICLE 131f. NONCOMPLIANCE WITH PROCEDURAL RULES9 Any person subject to this code who:10 (1) Is responsible for unnecessary delay in the disposition of any case11 of a person accused of an offense under this chapter; or12 (2) Knowingly and intentionally fails to enforce or comply with any13 provision of this chapter regulating the proceedings before, during, or14 after trial of an accused;15 shall be punished as a court-martial may direct.16 ARTICLE 131g. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRATIVE PROCEEDING17 Any person subject to this code who, having reason to believe that an adverse18 administrative proceeding is pending against any person subject to this19 code, wrongfully acts with the intent:20 (1) To influence, impede, or obstruct the conduct of the proceeding; or21 (2) Otherwise to obstruct the due administration of justice;22 shall be punished as a court-martial may direct.23 ARTICLE 132. RETALIATION24 (a) Any person subject to this code who, with the intent to retaliate25 against any person for reporting or planning to report a criminal offense,26 or making or planning to make a protected communication, or with the intent27 to discourage any person from reporting a criminal offense or making or plan-28 ning to make a protected communication:29 (1) Wrongfully takes or threatens to take an adverse personnel action30 against any person; or31 (2) Wrongfully withholds or threatens to withhold a favorable person-32 nel action with respect to any person;33 shall be punished as a court-martial may direct.34 (b) Definitions. In this article:35 (1) "Protected communication" means the following:36 (i) A lawful communication to a member of congress or an inspector37 general; or38 (ii) A communication to a covered individual or organization39 in which a member of the armed forces complains of, or discloses40 information that the member reasonably believes constitutes evi-41 dence of, any of the following:42

64 (A) A violation of law or regulation, including a law or reg-1 ulation prohibiting sexual harassment or unlawful discrimi-2 nation; or3 (B) Gross mismanagement, a gross waste of funds, an abuse4 of authority, or a substantial and specific danger to public5 health or safety.6 (2) "Inspector general" has the meaning given that term in 10 U.S.C.7 1034.8 (3) "Covered individual or organization" means any recipient of a9 communication specified in clauses (i) through (vi) of 10 U.S.C.10 1034(b)(1)(B).11 ARTICLE 133. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN12 Any commissioned officer, cadet, or candidate, or midshipman who is con-13 victed of conduct unbecoming an officer and a gentleman shall be punished as14 a court-martial may direct.15 ARTICLE 134. GENERAL ARTICLE16 Though not specifically mentioned in this code, all disorders and neglects17 to the prejudice of good order and discipline in the state military forces18 and all conduct of a nature to bring discredit upon the state military forces19 shall be taken cognizance of by a court-martial and punished at the discre-20 tion of a military court. Offenses which may be punished under this article21 include, but are not limited to, those offenses set out in the manual for22 courts-martial as punishable under this article of the uniform code of mil-23 itary justice, those offenses that violate the criminal laws of the state24 where the offense occurred, and those offenses that violate the criminal25 laws of the United States. However, where a crime constitutes an offense26 that violates both this code and the criminal laws of the state where the of-27 fense occurs or criminal laws of the United States, jurisdiction of the mili-28 tary court must be determined in accordance with article 2(b) of this code.29 PART XI. MISCELLANEOUS PROVISIONS30 ARTICLE 135. COURTS OF INQUIRY31 (a) Courts of inquiry to investigate any matter of concern to the state32 military forces may be convened by any person authorized to convene a gen-33 eral court-martial, whether or not the persons involved have requested such34 an inquiry.35 (b) A court of inquiry consists of three (3) or more commissioned offi-36 cers. For each court of inquiry, the convening authority shall also appoint37 counsel for the court.38 (c) Any person subject to this code whose conduct is subject to inquiry39 shall be designated as a party. Any person subject to this code who has a di-40 rect interest in the subject of inquiry has the right to be designated as a41 party upon request to the court. Any person designated as a party shall be42

65 given due notice and has the right to be present, to be represented by coun-1 sel, to cross-examine witnesses, and to introduce evidence.2 (d) Members of a court of inquiry may be challenged by a party, but only3 for cause stated to the court.4 (e) The members, counsel, the reporter, and interpreters of courts of5 inquiry shall take an oath to faithfully perform their duties.6 (f) Witnesses may be summoned to appear and testify and be examined be-7 fore courts of inquiry, as provided for courts-martial.8 (g) Courts of inquiry shall make findings of fact but may not express9 opinions or make recommendations unless required to do so by the convening10 authority.11 (h) Each court of inquiry shall keep a record of its proceedings, which12 shall be authenticated by the signatures of the president and counsel for13 the court and forwarded to the convening authority. If the record cannot14 be authenticated by the president, it shall be signed by a member in lieu of15 the president. If the record cannot be authenticated by the counsel for the16 court, it shall be signed by a member in lieu of the counsel.17 ARTICLE 136. AUTHORITY TO ADMINISTER OATHS AND TO ACT AS NOTARY18 (a) The following persons may administer oaths for the purposes of mil-19 itary administration, including military justice:20 (1) All judge advocates.21 (2) All summary courts-martial.22 (3) All adjutants, assistant adjutants, acting adjutants, and person-23 nel adjutants.24 (4) All commanding officers of the naval militia.25 (5) (4) All other persons designated by regulations of the armed forces26 of the United States or by statute.27 (b) The following persons may administer oaths necessary in the perfor-28 mance of their duties:29 (1) The president, military judge, and trial counsel for all general30 and special courts-martial.31 (2) The president and the counsel for the court of any court of inquiry.32 (3) All officers designated to take a deposition.33 (4) All persons detailed to conduct an investigation.34 (5) All recruiting officers.35 (6) All other persons designated by regulations of the armed forces of36 the United States or by statute.37 (c) The signature without seal of any such person, together with the ti-38 tle of his office, is prima facie evidence of the person's authority.39 ARTICLE 137. ARTICLES TO BE EXPLAINED40 (a) The articles of this code specified in subsection (c) of this arti-41 cle shall be carefully explained to each enlisted member at the time of, or42 within thirty (30) days after, the member's initial entrance into a duty sta-43 tus with the state military forces.44 (b) Such articles shall be explained again:45 (1) After the member has completed basic or recruit training; and46

66 (2) At the time when the member reenlists.1 (c) This subsection applies with respect to articles 2, 3, 7 through 15,2 25, 27, 31, 37, 38, 55, 77 through 134, and 137 through 139 of this code.3 (d) The text of the code and of the regulations prescribed under such4 code shall be made available to a member of the state military forces, upon5 request by the member, for the member's personal examination.6 ARTICLE 138. COMPLAINTS OF WRONGS7 Any member of the state military forces who believes himself wronged by a8 commanding officer, and who, upon due application to that commanding offi-9 cer, is refused redress may complain to any superior commissioned officer,10 who shall forward the complaint to the officer exercising general court-mar-11 tial jurisdiction over the officer against whom it is made. The officer12 exercising general court-martial jurisdiction shall examine into the com-13 plaint and take proper measures for redressing the wrong complained of, and14 shall, as soon as possible, send to the adjutant general a true statement of15 that complaint, with the proceedings had thereon.16 ARTICLE 139. REDRESS OF INJURIES TO PROPERTY17 (a) Whenever complaint is made to any commanding officer that willful18 damage has been done to the property of any person or that the person's prop-19 erty has been wrongfully taken by members of the state military forces, that20 officer may, under such regulations prescribed, convene a board to investi-21 gate the complaint. The board shall consist of from one (1) to three (3) com-22 missioned officers and, for the purpose of that investigation, it has power23 to summon witnesses and examine them upon oath, to receive depositions or24 other documentary evidence, and to assess the damages sustained against the25 responsible parties. The assessment of damages made by the board is subject26 to the approval of the commanding officer, and in the amount approved by that27 officer shall be charged against the pay of the offenders. The order of the28 commanding officer directing charges herein authorized is conclusive on any29 disbursing officer for payment to the injured parties of the damages so as-30 sessed and approved.31 (b) If the offenders cannot be ascertained, but the organization or32 detachment to which they belong is known, charges totaling the amount of33 damages assessed and approved may be made in such proportion as may be con-34 sidered just upon the individual members thereof who are shown to have been35 present at the scene at the time the damages complained of were inflicted, as36 determined by the approved findings of the board.37 ARTICLE 140. DELEGATION BY THE GOVERNOR38 The governor may delegate any authority vested in the governor under this39 code and provide for the sub-delegation of any such authority, except the40 power given the governor by article 22 of this code.41 ARTICLE 141. PAYMENT OF FEES, COSTS AND EXPENSES42

67 The fees and authorized travel expenses of all witnesses, experts, victims,1 court reporters, and interpreters, fees for the service of process, the2 costs of collection, apprehension, detention and confinement, and all other3 necessary expenses of prosecution and the administration of military jus-4 tice, to include courts-martial and nonjudicial punishment, not otherwise5 payable by any other source, shall be paid out of the military division sup-6 port fund as established in section 46-806, Idaho Code.7 ARTICLE 142. PAYMENT OF FINES AND DISPOSITION THEREOF8 (a) Fines imposed by a military court or through imposition of nonjudi-9 cial punishment may be paid to the state and delivered to the court or impos-10 ing officer or to a person executing their process. Fines may be collected in11 the following manner:12 (1) By cash or money order;13 (2) By retention of any pay or allowances due or to become due the person14 fined from any state or the United States;15 (3) By garnishment or levy, together with costs, on the wages, goods,16 and chattels of a person delinquent in paying a fine, as provided by law.17 (b) Any sum so received or retained shall be deposited in the military18 division support fund as established in section 46-806, Idaho Code, or to19 whomever the court so directs.20 ARTICLE 143. UNIFORMITY OF INTERPRETATION21 This code shall be so construed as to effectuate its general purpose to make22 it uniform, so far as practical, with the uniform code of military justice,23 10 U.S.C. chapter 47.24 ARTICLE 144. IMMUNITY FOR ACTION OF MILITARY COURTS25 All persons acting under the provisions of this code, whether as a member of26 the military or as a civilian, shall be immune from any personal liability27 for any of the acts or omissions which they did or failed to do as part of28 their duties under this code.29 ARTICLE 145. SEVERABILITY30 The provisions of this code are hereby declared to be severable and if any31 provision of this code or the application of such provision to any person or32 circumstance is declared invalid for any reason, such declaration shall not33 affect the validity of the remaining portions of this code.34 ARTICLE 146. SHORT TITLE35 This act may be cited as the "Idaho Code of Military Justice" (ICMJ).36 ARTICLE 147. TIME OF TAKING EFFECT37 This act takes effect July 1, 2019.38

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3