O.C.G.A. § 38-1-2 (2019)

History

Ga. L. 1947, p. 1181, § 1.

MILITARY, EMERG. & VET. AFFAIRS

CHAPTER 2 MILITARY AFFAIRS Sec.

Article 1 State Militia Generally PART 1

GENERAL PROVISIONS Sec.

Short title. Definitions. Division and composition of militia; membership of unorganized militia. Persons exempted from militia duty; exception. Federal call up of militia; Governor’s duties; utilization of unorganized militia; effect of unit’s absence. Ordering organized militia into active state service; Governor’s duties; local officials’ duties; declaration of state of emergency; pay. Request by Governor for members to report for active duty without first having declared an emergency. National Guard Olympic support activities; reciprocal aid agreements or compacts with other states [Repealed]. Declaration of martial rule; area encompassed specifically designated. State reserve list; composition; active duty; length of service computations; applicable rules and regulations. State retired list; officers; enlisted persons; grade upon transfer to list; return to active duty; computation of time. Use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs.

Implementation of federally approved counterdrug law enforcement plans. Use of National Guard as honor guards for veterans’ funerals. PART 2 ORGANIZED MILITIA

Land force; Army National Guard. Air force; Air National Guard. Naval force; Naval Militia. State Defense Force. Organizational and training guidelines. Assemblies; annual training; special duty; active duty; declaration of emergency. Maintenance of armories and training facilities for militia units. Organization of militia units to conform to federal regulations; Governor’s organizational powers; restrictions on disbanding units. Inactive National Guard; composition. Credit for active federal service. Resumption of membership in organized militia by National Guard personnel on release from active federal service. Purchase and issue of military property; emergency purchases; disposal of obsolete property. Responsibility for military property or funds; bond; pay deductions for lost or damaged equipment; action by Attorney General to recover damages.

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PART 3

Article 2

Military Administration PART 1

Creation or disbandment; organization and administration; commander. Authority of Governor. Detail of officers from retired and reserve lists and National Guard to State Defense Force. Detail of National Guard enlisted personnel to State Defense Force. Duties, privileges, and immunities. Use and operation of state property.

COMMANDER IN CHIEF AND STAFF Sec.

Organizations from unorganized militia; applicable regulations; enlistment and volunteers. Registration of members of unorganized militia. Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty. Failure to appear for registration or draft; penalty.

Creation; executive head; definition. Military division authorized; executive head; definition. Administration of militia and Department of Defense; personnel; State Personnel Board. PART 3

MILITARY RELATIONS WITH OTHER STATES Service outside state; application of state military law to such service. Rendering assistance to another state’s armed forces; Governor’s request and recall; requesting assistance for this state. Fresh pursuit into or beyond state; surrender; surrender not waiver of extradition. Compacts for military aid authorized.

Governor as militia commander in chief; issuance and effect of regulations. Personal aides-de-camp; appointment; commissions; length of service; duties. Naval advisor and aide-de-camp; requirements; length of service. PART 2

PART 4

PART 5

Adjutant general - Eligibility; appointment; compensation; bond. Adjutant general - Duties; records; seal; effect of seal on documentary evidence. Assistant adjutants general; eligibility; appointment; duties; compensation; tenure. State property and fiscal officer; appointment; duties; reports; bonds; compensation. PART 4

APPROPRIATIONS, FINANCE, AND ACQUISITION OF PROPERTY

Military appropriations; military fund created; use of military funds. Appropriations for units of organized militia; appor-

MILITARY, EMERG. & VET. AFFAIRS

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tionment by adjutant general. Transfer of funds in emergency; funds used in event of invasion. Governor authorized to borrow money. Governor authorized to accept donations for organized militia. Governor authorized to obtain all federal appropriations, property, and equipment. Appropriations of money or property by counties or municipal corporations for local military units. Establishment of defense finance and accounting services facility; steps toward establishment; intergovernmental cooperation. PART 5

PART 2

Definitions. Construction, conversion, expansion, or alteration of armories and other facilities authorized when adjutant general deems necessary. Funding, equipping, and maintenance of facilities. Military division authorized to accept and procure federal funds; adjutant general authorized to utilize funds for projects; recipient of federal funds. Control of armories and other facilities; officer in charge. Use of armories and other facilities. Article 3

PART 1

Enlistment; qualifications; period of service; transfer; discharge; extensions of enlistments. Contract and oath of enlistment; penalty. Noncommissioned officers and petty officers; appointments; appointing officer; termination of appointment. Discharges; conditions; form. Absent without leave; dropping from rolls. PART 3

Personnel

filling of vacancies; grounds for removal. Qualifications. Assignment and transfer. Oath of office; by whom administered. Uniforms and equipment. Efficiency and medical examining boards - Consideration by; composition and appointment of. Efficiency and medical examining boards - Powers; procedure for appearances; discharge; transfer to reserve or retired list. Resignations; acts constituting resignation; types of discharge after resignation; resignation of officers who are accountable for military funds or property. Absence without leave. Warrant officers.

Appointment and promotion of commissioned officers;

Pay while on active service; special duty; travel expenses; minimum base pay. Pay, care, etc., when injured or disabled in service; pensions; medical examining boards; rehearings [Repealed].

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Uniform allowance for officers.

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Awards; individual; unit. Applicability of part to residents who are personnel of the National Guard of other states.

PART 4 RIGHTS, PRIVILEGES, AND PROHIBITIONS

Relief from civil or criminal liability; immunity not exclusive security for attorney’s fees; defense by Attorney General authorized. Change of venue for persons indicted or subjected to civil action for performance of military duty. Exemption from arrest on civil process; uniform and equipment exempt from levy and sale. Free passage through tollgates, tunnels, toll bridges, and ferries while under orders. Unlawful conversion of military property; penalty. Unlawful wearing of uniforms and devices indicating rank; penalty. Exemptions from jury duty and street tax. Unauthorized military bodies prohibited; exceptions; support by counties or cities prohibited; penalty for membership. Devises, bequests, and conveyances to military units as societies; officers as trustees; effect of disbandment of unit. Rights of public officers and employees absent on military duty as members of organized militia or reserve forces. Reemployment in private industry; various types of absences; injunction to compel; Attorney General’s aid. Exclusion of uniformed military personnel from places of amusement; penalty. Officers and warrant officers to administer oaths and witness documents.

Article 4 Active Duty Powers

Right of way for troops; exceptions; penalty. Closing places where firearms and ammunition sold, where disorder likely to occur; penalty for not obeying closing order. Control of streets in case of riot, rout, mob, tumult, or unlawful assembly; penalty for remaining on or failing to depart streets. Dispersion of mob; orders; where order unnecessary; penalty for failure to disperse. Duty of citizens to disperse when shot fired or missile thrown; penalty; felony upon failure to disperse after order. Authority of commanding officer to order vicinity of jail, building, or other place, off limits to unauthorized personnel; arrest; penalty. Prohibited conduct in area of military duty performance. Power of National Guard members to effect an arrest. Article 5

Code of Military Justice PART 1 GENERAL PROVISIONS

Short title. Definitions. Applicability; jurisdiction. Discharge fraudulently obtained. Calculating forfeiture punishments.

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MILITARY, EMERG. & VET. AFFAIRS

Territorial applicability of article. State judge advocate; appointment; eligibility; staff judge advocate.

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PART 2 APPREHENSION AND RESTRAINT

Apprehension. Reserved. Who may order the arrest or confinement of members. Restraint of persons charged with offenses. Confinement and imprisonment in civil jails. No confinement with enemy prisoners. Restriction on means of punishment. Delivery of offenders to civil authorities. PART 3

PART 6

Commanding officer’s disciplinary punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses. PART 4

Classification of courts-martial. Jurisdiction of courts - martial; generally. General courts-martial. Special courts-martial. Summary courts-martial. Reserved. PART 5

Convening of general courts-martial. Convening of special courts-martial. Convening of summary courts-martial. Eligibility to serve on courts-martial.

Military judge. Trial counsel and assistants. Appointment of court reporters and interpreters. Absent and additional members; not less than six members required; disability of judge.

Charges and specification. Compulsory self-incrimination prohibited. Investigation; cross-examination; effect of failure to perform. Forwarding of charges. Advice of staff judge advocate and reference for trial; corrections. Service of copy of charges; time period before trial. PART 7 TRIAL PROCEDURES

Governor may prescribe rules and regulations.