Court Opinions
State Laws
|
Michigan Compiled Laws - Military Establishment
Legal Research Home >
Michigan Laws > Military Establishment > Michigan Compiled Laws - Military Establishment
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957. - Mich. Comp. Laws
- Michigan National Guard Retired Officers List - Mich. Comp. Laws Section 32.35
All officers who shall have served in the Michigan national guard, may, upon their honorable retirement from active service, whether on their own application...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957. - Mich. Comp. Laws
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Repealed. 1970, Act 164, Imd. Eff. Aug. 2, 1970. - Mich. Comp. Laws
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- National Guard; Retirement Compensation; Temporary Service, Compensation - Mich. Comp. Laws Section 32.49
Notwithstanding any other provisions of this act any officer of the national guard, including also the adjutant general of the state, who shall have...
- National Guard; Retirement Age, Physical Disqualification, Eligibility for Re - Commission - Mich. Comp. Laws Section 32.49a
The normal age for retirement of officers, warrant officers and enlisted men shall be age 64. Whenever, however, by reason of any federal law,...
- National Guard; Officers' Retirement Pay; Application for Retirement to Retirement Boards, Findings - Mich. Comp. Laws Section 32.49b
Officers hereafter retired under the provisions of section 49a of this act who, prior to such retirement, shall have had not less than 20...
- Retirement Pay or Pension of Military Disability or Service; Evidence of Amount, Deduction - Mich. Comp. Laws Section 32.49c
Evidence of the amount of retirement pay or pension provided by the laws of the United States for military disability or military service shall...
- Retirement Pay; Death of Retired Officer or Enlisted Person; Benefits to Which Surviving Spouse Entitled; "surviving Spouse" Defined - Mich. Comp. Laws Section 32.49d
(1) If an officer or enlisted person who, prior to the effective date of this section, has retired under section 49 and has served...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957. - Mich. Comp. Laws
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Repealed. 1957, Act 214, Imd. Eff. June 6, 1957. - Mich. Comp. Laws
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Renaming of Department of Military Affairs as Department of Military and Veterans Affairs - Mich. Comp. Laws Section 32.91
32.91 Renaming of department of military affairs as department of military and veterans affairs. WHEREAS, Article V, Section 1, of the Constitution of the...
- Adjutant General; Responsibilities in National Emergency - Mich. Comp. Laws Section 32.101
When a national emergency shall require the service of citizens of this state in the armed forces of the United States, the adjutant general...
- Adjutant General; Preparation for National Emergency in Peacetime, Approval, Effect - Mich. Comp. Laws Section 32.102
In time of peace, the adjutant general of Michigan shall anticipate such contingencies and shall prepare detailed plans for the effectuation of each of...
- Repealed - Military Courts (32.111 - 32.116) - Mich. Comp. Laws
- Repealed - Disburser of United States Funds for Militia (32.121 - 32.121) - Mich. Comp. Laws
- Repealed - Compensation of Enlisted Men and Officers (32.131 - 32.132) - Mich. Comp. Laws
- Repealed - Equipment Allowance (32.141 - 32.141) - Mich. Comp. Laws
- Repealed - Disability Allowance (32.151 - 32.153) - Mich. Comp. Laws
- Repealed - Interurban and Street Car Privileges (32.161 - 32.162) - Mich. Comp. Laws
- Repealed - Armory Building Fund (32.171 - 32.171) - Mich. Comp. Laws
- Armory of 182nd Field Artillery; Authority of State Military Board as to Boundaries, Buildings Erected, Rights of Parties - Mich. Comp. Laws Section 32.181
The state military board shall have authority on behalf of the state of Michigan to enter into an agreement with the record owner or...
- Armory of 182nd Field Artillery; Authority of State Administrative Board in Absence of Military Board - Mich. Comp. Laws Section 32.182
During the absence from state jurisdiction of the state military board or a quorum of the same under call or order of the president...
- Repealed - Erection of Armories (32.191 - 32.195) - Mich. Comp. Laws
- Repealed - Rental of Armories (32.201 - 32.201) - Mich. Comp. Laws
- Repealed - Exchange of Armory Sites (32.211 - 32.212) - Mich. Comp. Laws
- Crawford County Land; Michigan State Military Board Authority to Accept Certain Lands for State - Mich. Comp. Laws Section 32.221
The military board of the state of Michigan is hereby authorized and empowered to accept from the owner or owners thereof, for and in...
- Crawford County Land to Be Given to State; Description - Mich. Comp. Laws Section 32.222
The lands mentioned in section 1 hereof are described as follows, to-wit: The east 1/2 of the northeast 1/4 of section 2; east 1/2...
- Crawford County Land; Uses, Abandonment, Reversion to Donors, Removal of Buildings, Timber Rights - Mich. Comp. Laws Section 32.223
The said tract of land shall be used for the following purposes: First, As a permanent encampment and maneuvering ground for the militia of...
- Camp Grayling Facilities; Lease by Military Board, Public Use - Mich. Comp. Laws Section 32.223a
The state military board may enter into a long term lease with a Michigan corporation for approximately 1200 acres of land at Camp Grayling,...
- Grayling Recreation Authority; Lease of Property by Military Board; Description; Examination of Documents; Sublease; Use; Limitations; Termination of Leases Under Mcl 32.223a - Mich. Comp. Laws Section 32.223b
(1) The state military board created by section 360 of Act No. 150 of the Public Acts of 1967, being section 32.760 of the...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967. - Mich. Comp. Laws
- Camp Grayling; Authority of Military Board as to Highways Leading to Reservation - Mich. Comp. Laws Section 32.224a
The military board is hereby authorized to enter into an agreement or agreements with the township board of the township of Grayling in said...
- Crawford County; Lease of Dwellings by Military Board for Military Personnel - Mich. Comp. Laws Section 32.224b
In carrying out the intent of section 4 relative to the military board providing suitable lodges or dwellings thereon for the use of such...
- Jurisdiction of Department of Natural Resources; Prohibitions; Fishing by Camp Grayling Military Personnel in Lake Margrethe; Penalty - Mich. Comp. Laws Section 32.224c
The department of natural resources has jurisdiction of the wildlife, fish, fire, and forestry interests on the lands and waters. The hunting, killing, or...
- Crawford County Land; Examination and Certification of Title by Attorney General - Mich. Comp. Laws Section 32.225
The attorney general or such of his assistants as he may designate therefor, shall examine the title to all of said lands, and the...
- Military Lands; Payments in Lieu of Taxes on Certain State Lands; Allocating, Distributing, and Accounting for Payments; Payments to Be Made From Appropriations; List of Lands - Mich. Comp. Laws Section 32.226
Notwithstanding any provision of law to the contrary, the tract of land acquired by this act for the purpose of a permanent encampment and...
- Hanson Military Reservation; Recreational Use by Public, Management - Mich. Comp. Laws Section 32.231
The grounds known and designated as the Hanson Military Reservation may hereafter be used by the state, or any municipal subdivision thereof, for recreational...
- Repealed. 1978, Act 368, Eff. Sept. 30, 1978. - Mich. Comp. Laws
- Hanson Reservation; Fresh Air Camps; Erection of Buildings - Mich. Comp. Laws Section 32.233
Any state institution, or any city, village, township or county desiring to establish fresh air camps or to use such grounds for any other...
- Hanson Reservation; Water, Lights Furnished by State - Mich. Comp. Laws Section 32.234
Whenever any space has been so allotted to any state institution, or to any county, city, village or township, it shall be the duty...
- Hanson Reservation; Expenses of Camps; Available Military Stores - Mich. Comp. Laws Section 32.235
All expense connected with the establishment of the camp, or other recreational or health giving purpose, shall be borne by the institution or municipality...
- Repealed. 1978, Act 368, Eff. Sept. 30, 1978. - Mich. Comp. Laws
- Hanson Reservation; Transfer of Lands and Hunting, Oil, and Mineral Rights to State Military Board - Mich. Comp. Laws Section 32.241
The director of conservation is hereby authorized and directed to transfer to the state military board such lands under his control as the state...
- Repealed - State Armory in Detroit (32.251 - 32.256) - Mich. Comp. Laws
- Repealed - Reimbursement of Enlisted Men for Personal Expense (32.261 - 32.262) - Mich. Comp. Laws
- Members of Military or Naval Forces; Discrimination Prohibited - Mich. Comp. Laws Section 32.271
No person shall discriminate against any officer or enlisted man of the military or naval forces of the state or of the United States...
- Members of Military or Naval Forces; Employment Discrimination or Intimidation Prohibited - Mich. Comp. Laws Section 32.272
No employer or officer or agent of any corporation, company, or firm, or other person shall discharge any person from employment because of being...
- Members of Military or Naval Forces; Leave of Absence From Employment for Military Purposes; Reemployment; Priority; Seniority, Rights, and Benefits; Exception; Action Against Employer; Remedies; Definitions - Mich. Comp. Laws Section 32.273
(1) An employee who gives advance notice for a period of leave from his or her employment shall not be denied a leave of...
- Differential Pay Program; Definitions - Mich. Comp. Laws Section 32.273a
(1) A local unit of government may provide by ordinance or resolution or through personnel policy a differential pay program or for a specific...
- Violation of Act, Penalty - Mich. Comp. Laws Section 32.274
Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
- Veterans Speakers Program; Creation; Duties of Directorate - Mich. Comp. Laws Section 32.281
A veterans speakers program is created within the veterans' affairs directorate of the department of military and veterans affairs. Under the program, the directorate...
- Other Instruction; Participation in Program - Mich. Comp. Laws Section 32.282
The speakers program created in section 1 is not a replacement for any instruction required by any other law. This act does not require...
- Annual Report - Mich. Comp. Laws Section 32.283
The director of the veterans' affairs directorate shall annually report to the committees of the house of representatives and the senate having jurisdiction over...
- Repealed - Michigan Code of Military Justice (32.301 - 32.427) - Mich. Comp. Laws
- Michigan Military Act; Short Title - Mich. Comp. Laws Section 32.501
This act shall be known and may be cited as the "Michigan military act".
- Michigan Military Act; Intent, Construction - Mich. Comp. Laws Section 32.503
It is the intent of this act and other acts of this state affecting the Michigan national guard, the Michigan defense force and the...
- Definitions - Mich. Comp. Laws Section 32.505
The definitions used in the command, administration, supply, training, discipline, deployment, and employment of the armed forces of the United States, unless clearly inapplicable...
- Rules and Regulations for Administration of Act; Promulgation by Adjutant General - Mich. Comp. Laws Section 32.507
The adjutant general shall promulgate rules and regulations, to be approved by the governor, necessary for administration of this act in accordance with the...
- State Military Establishment; Composition; Organized and Unorganized Militia - Mich. Comp. Laws Section 32.509
The organized militia of this state taken collectively shall be known as the state military establishment and constitutes the armed forces of this state....
- State Code of Military Justice; Application; Jury and Posse Comitatus Duties - Mich. Comp. Laws Section 32.511
The state code of military justice applies to all members of the organized militia when not in active federal service. Officers and enlisted personnel...
- Officers and Enlisted Personnel; Pay and Allowances; Appropriations - Mich. Comp. Laws Section 32.513
Officers and enlisted personnel of the state military establishment shall receive for each day spent by them on active state service under orders of...
- Administrative Workday and Workweek During Active State Service or Special Duty; Actual Workday and Workweek - Mich. Comp. Laws Section 32.514
During periods of active state service or special duty, the administrative workday shall consist of 24 hours and the administrative workweek shall consist of...
- Subsistence - Mich. Comp. Laws Section 32.515
Subsistence shall be furnished by the state when troops of the state military establishment are mobilized for state duty requiring the furnishing of subsistence.
- Expired. 1978, Act 567, Eff. Jan. 1, 1982 - Mich. Comp. Laws Section 32.516
32.516 Expired. 1978, Act 567, Eff. Jan. 1, 1982. Compiler's Notes: The expired section pertained to waiver of tuition and fees.
- Privilege From Arrest and Imprisonment; Exemption From Levy of Execution, Seizure, or Attachment; Adjournment of Pending Lawsuits; Forfeitures; Seizure or Sale of Chattels; Utility Service - Mich. Comp. Laws Section 32.517
Officers and enlisted personnel on active service in excess of 7 days and when so ordered by the governor in support of civilian authority...
- National Guard Compensation Board; Members, Appointment and Duties - Mich. Comp. Laws Section 32.519
The governor may appoint a board of 3 national guard officers, 1 of whom shall be a medical officer to inquire into and make...
- Line of Duty; Definition - Mich. Comp. Laws Section 32.521
"Line of duty" as used in this act means an act performed by a member of the state military establishment in obedience to or...
- Line of Duty; Construction, Presumptions - Mich. Comp. Laws Section 32.523
In construing the term "line of duty" the recorded opinions of the judge advocate general of the United States armed forces in like cases...
- Duty; Construction - Mich. Comp. Laws Section 32.525
"Duty" also includes the time necessary for a member of the state military establishment to go from his usual residence or place of business...
- Leave Accrual During Active State Service or Special Duty; Leave Without Pay - Mich. Comp. Laws Section 32.527
(1) Officers and enlisted personnel of the state military establishment while on active state service or special duty, under the provisions of this act...
- Officers and Enlisted Personnel; Continuation Until Expiration of Term - Mich. Comp. Laws Section 32.529
Officers and enlisted personnel in the state military establishment when this act takes effect shall continue in office and remain in the service until...
- Officers' Bonds; Force and Effect - Mich. Comp. Laws Section 32.531
The bond of an officer who has heretofore given a bond by virtue of any law concerning the militia shall remain in full force...
- Senior Line Officer and General Officers; Tenure - Mich. Comp. Laws Section 32.533
The tenure of the senior line officer serving in the grade of major general shall not exceed 4 years in grade except when the...
- Governor, Commander in Chief; Adjutant General; Power to Order Militia to Active Service - Mich. Comp. Laws Section 32.551
The governor is the commander-in-chief of the organized militia. He may order to active state service any members of the organized militia in case...
- Unorganized Militia; Power of the Governor - Mich. Comp. Laws Section 32.555
The governor may order into the defense force any members of the unorganized militia in case of riot, tumult, breach of the peace, resistance...
- Mutual Military Assistance Agreement With Other States - Mich. Comp. Laws Section 32.559
(1) The governor may enter into an agreement with the governors of 1 or more other states authorizing the military forces of this state,...
- State Military Forces; Pursuit of Insurrectionist, Saboteur, or Enemy Into Another State; Captives, Surrender and Extradition - Mich. Comp. Laws Section 32.563
If the United States is at war or if any other emergency is declared by the president or the congress of the United States...
- Military Forces of Another State; Pursuit of Insurrectionist, Saboteur, or Enemy Into This State; Surrender of Captives; Construction of Section - Mich. Comp. Laws Section 32.567
A military force of another state which is in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this...
- Executive Reorganization of Military Establishment; Transfer of Personnel - Mich. Comp. Laws Section 32.571
The governor may organize, disband, arrange, transfer, convert, alter, consolidate or attach units of the military establishment. The transfer of personnel to and within...
- Declaration of Martial Law - Mich. Comp. Laws Section 32.575
When any part of the organized militia is employed pursuant to section 151, the governor, if in his judgment maintenance of law and order...
- Command of State Military Personnel; Militia on Active Service; Duties, Liabilities, and Immunities; Defense of Civil Action or Criminal Prosecution - Mich. Comp. Laws Section 32.579
(1) No civilian person, except the governor, may command personnel of the state military establishment. (2) If any portion of the organized militia is...
- Officers and Warrant Officers; Appointment, Promotion - Mich. Comp. Laws Section 32.581
The authority to appoint and promote officers and warrant officers of the organized militia is vested in the governor.
- Governor; Awards for Services Rendered to Military Establishment - Mich. Comp. Laws Section 32.582
The governor as commander in chief, may prescribe the award of medals and other suitable means of public recognition for distinguished service, longevity, acts...
- National Guard; Composition - Mich. Comp. Laws Section 32.601
The national guard consists of the organizations and units which are, under the laws and regulations of the United States, prescribed as the portion...
- Commanding Officers; Duties and Responsibilities - Mich. Comp. Laws Section 32.605
The commanding officer of each organization of the national guard is responsible for training, combat readiness and efficiency of the organization he commands.
- Officers; Appointment, Qualifications; Merger of National Guard and Reserve Component - Mich. Comp. Laws Section 32.613
The governor shall appoint general officers of the national guard from qualified federally recognized officers of the national guard, who have served at least...
- Officers; Oath Required, Time - Mich. Comp. Laws Section 32.617
An officer of the national guard shall take and subscribe to the following oath of office: "I ..................... do solemnly swear (or affirm) that...
- Enlistment Periods - Mich. Comp. Laws Section 32.621
Original enlistments in the national guard and all subsequent enlistments shall be for the period prescribed by laws or regulations for the national guard...
- Oath of Person Enlisting in National Guard - Mich. Comp. Laws Section 32.625
A person enlisting in the national guard shall take an oath to defend the constitution of the United States and the constitution of the...
- Administration of Oaths and Affirmations - Mich. Comp. Laws Section 32.629
An officer of an active or reserve component of the armed forces of the United States may administer oaths and affirmations in the appointment...
- Enlistments and Commissions; Continuation After Termination of National Emergency; Discharges - Mich. Comp. Laws Section 32.633
On termination of an emergency in which officers and enlisted personnel of the national guard have been called or ordered into federal service by...
- Department - Administered Post - Traumatic Stress Disorder Questionnaire and Traumatic Brain Injury Questionnaire - Mich. Comp. Laws Section 32.636
(1) An officer or enlisted person serving in the national guard while under state jurisdiction shall take a department-administered post-traumatic stress disorder questionnaire and...
- Certificates of Discharge; Discharge Before Expiration of Term; Presentment to Home Counties for Recording - Mich. Comp. Laws Section 32.637
(1) Enlisted personnel discharged from service in the national guard shall receive certificates of discharge in writing as prescribed by the laws or regulations...
- Michigan Volunteer Defense Force; Conditions for Activating; Limitation on Organization; List of Former Officers, Warrant Officers, and Enlisted Personnel; Funding; Reference to Michigan Defense Force; Affirmative Action Guidelines; Weapons; Reports - Mich. Comp. Laws Section 32.651
(1) The governor, as commander-in-chief, may activate within the military establishment such number of units to be known as the Michigan volunteer defense force,...
- State Defense Force and Unorganized Militia; Determination of Emergency - Mich. Comp. Laws Section 32.655
In case of war, or a national emergency, when the national guard may be in the military service of the United States, the defense...
- Service or Enlistment; Duration - Mich. Comp. Laws Section 32.659
An officer shall agree to service the state for the duration of the emergency. An enlistee shall enlist in writing for the duration of...
- Oaths Required of Officers and Enlisted Personnel - Mich. Comp. Laws Section 32.663
Officers and enlisted personnel of the defense force shall take the oath prescribed by regulations.
- Oaths and Affirmations; Administration by Commissioned Officer - Mich. Comp. Laws Section 32.667
Commissioned officers of the defense force may administer oaths and affirmations in the discharge of any of the duties pertaining to their offices and...
- Officers and Enlisted Personnel; Appointment, Duties and Authority; Records - Mich. Comp. Laws Section 32.671
Officers and enlisted personnel of the defense force shall be appointed in the same manner, and with like duties, responsibilities and authority as prescribed...
- Officers and Enlisted Personnel; Qualifications for Appointment and Promotion; Application of Act - Mich. Comp. Laws Section 32.675
The qualifications of persons for appointment and promotion as officers and warrant officers of, and for enlistment in, the defense force shall be as...
- Training and Discipline Regulations - Mich. Comp. Laws Section 32.679
Regulations for the training and discipline of the defense force shall be prescribed by order of the governor.
- Pay and Allowances - Mich. Comp. Laws Section 32.683
While in active state service under orders of the governor under the circumstances and conditions prescribed for the national guard in this act, or...
- Michigan State Troops; References - Mich. Comp. Laws Section 32.687
Reference to "Michigan state troops" in any law is construed as referring to the defense force.
- Adjutant General; Rank, Powers and Duties - Mich. Comp. Laws Section 32.700
The office of the adjutant general, with the rank of major general in the national guard, is created. He shall be the commanding general...
- Adjutant General; Appointment; Qualifications; Tenure; Pay and Allowances; Oath of Office - Mich. Comp. Laws Section 32.702
The governor shall appoint the adjutant general from among qualified federally recognized officers of the national guard. The adjutant general shall have served as...
- Assistant Adjutants General; Army, Air; Appointment, Qualifications, Duties, Pay and Allowances, Tenure - Mich. Comp. Laws Section 32.704
The adjutant general shall select from among the qualified federally recognized officers of the army national guard a principal assistant to be known as...
- Repealed. 1988, Act 493, Imd. Eff. Dec. 29, 1988. - Mich. Comp. Laws
- Adjutant General and Assistant Adjutants General; Retirement - Mich. Comp. Laws Section 32.706
Beginning January 1, 2011, the adjutant general and the assistant adjutants general who began employment on or after January 1, 2011 when relieved under...
- Adjutant General and Assistant Adjutants General; Bonds, Amounts, Premiums, Filing - Mich. Comp. Laws Section 32.708
The adjutant general shall give bond in the sum of $25,000.00 to the state conditioned upon the faithful performance of his duties. The assistant...
- Adjutant General; Powers and Duties; Location of Office; Seal; Copies of Orders, Records, and Papers as Evidence - Mich. Comp. Laws Section 32.710
The adjutant general is the military advisor to the governor and the director of the department of military and veterans affairs. The adjutant general's...
- Quartermaster General; Transfer of Duties to Adjutant General - Mich. Comp. Laws Section 32.712
All duties and responsibilities of the quartermaster general of the state under any law are transferred to the adjutant general.
- Federal Aid, Military Facilities, Insurance Programs - Mich. Comp. Laws Section 32.716
The adjutant general shall plan, negotiate and contract with the federal government for the maintenance, remodeling, additions to and construction of armories and other...
- Inspector General; Appointment - Mich. Comp. Laws Section 32.718
The adjutant general shall appoint an inspector general of the military establishment.
- Staff Judge Advocate; Appointment, Qualifications, Duties; Military Justice, Claims - Mich. Comp. Laws Section 32.720
The adjutant general shall appoint as staff judge advocate an officer of the national guard, who shall be an attorney-at-law licensed to practice in...
- Accounting of Federal and State Military Funds and Property; Bonding of Disbursing and Distributing Officers - Mich. Comp. Laws Section 32.726
The adjutant general in accordance with federal regulations shall direct the obligating, accounting, reporting, financial planning and administrative control of federally appropriated military funds...
- Inclusion of Civilian Positions and Personnel of Military Establishment in Classified State Civil Service; Calling Officers and Enlisted Personnel to Special Duty; Pay and Allowances of Special Duty Personnel; Charging Leave Against Federal Military Pay - Mich. Comp. Laws Section 32.728
(1) The adjutant general shall request civilian positions and personnel of the military establishment, as he or she considers necessary, to be included in...
- Selective Service; Planning, Training - Mich. Comp. Laws Section 32.730
The adjutant general is authorized and empowered, in time of peace and when a national system of selective service is not in operation, to...
- Reports of Survey for Lost, Damaged or Destroyed Federal Property - Mich. Comp. Laws Section 32.732
The adjutant general shall be responsible for the processing of reports of survey, for lost, damaged or destroyed federal property loaned to this state...
- Certificates of Prior Service - Mich. Comp. Laws Section 32.734
The adjutant general shall prepare and deliver to any person a certificate, over his seal and signature, showing the person's prior service in the...
- Armories, Air Bases and Naval Installations; Use of Intoxicating Liquor, Local Approval - Mich. Comp. Laws Section 32.736
The armories, air bases and naval installations erected, constructed and owned by the state, leased by the state or provided by the federal government...
- Use of Property for Production of Film; Authorization; Prohibited Use; Cooperation With Michigan Film Office; Definitions - Mich. Comp. Laws Section 32.737
(1) The adjutant general may authorize a person engaged in the production of a film in this state to use without charge property owned...
- Adjutant General; Preparation of Federal and State Reports and Returns - Mich. Comp. Laws Section 32.740
The adjutant general shall make returns and prepare reports required by federal laws and regulations and shall submit a biennial report of the state...
- Armories; Acquisition, Management, Use - Mich. Comp. Laws Section 32.750
Armories shall be provided for the use of the state military establishment as training centers and for the storage and safekeeping of military supplies...
- Armories and Military Facilities; Operation and Control by Adjutant General; Application for Funds - Mich. Comp. Laws Section 32.752
The operation and control of armories and other military facilities shall be in accordance with policies established by the adjutant general. He shall apply...
- Armory Boards of Control; Creation, Duties; Rental of Armories to Outside Parties - Mich. Comp. Laws Section 32.754
An armory board of control may be created for each armory of the state military establishment, with the duty of operating and maintaining the...
- Armories and Military Facilities; Subject to State Sanitation, Health, Fire Protection and Prevention, and Special Regulations - Mich. Comp. Laws Section 32.756
State-owned or leased armories and other military buildings and appurtenances are subject to state laws and regulations with respect to sanitation, health, fire protection...
- State Military Board; Members, Appointment and Duties, Term - Mich. Comp. Laws Section 32.760
The state military board shall consist of 5 military or civilian members. The governor shall appoint the members who shall serve at the pleasure...
- State Military Board; Meeting; Organization; Rules; Election and Term of Officers; Action by Majority; Conducting Business At Public Meeting; Notice - Mich. Comp. Laws Section 32.762
(1) The state military board, immediately upon its appointment, shall meet, organize, and promulgate rules in accordance with this act to carry out its...
- Military Board Members; Compensation, Expenses - Mich. Comp. Laws Section 32.764
A member of the board shall not receive salary for his services but shall be reimbursed for his actual and necessary expenses incurred in...
- Military Board; Convening, Approval of Actions by Governor, Office, Receipt and Expenditure of Funds - Mich. Comp. Laws Section 32.766
The board shall convene at the call of the adjutant general or pursuant to its own initiative. Actions of the board shall be submitted...
- Military Board; Acceptance of Gifts; Purpose; Deposit and Use of Money; Acceptance and Execution of Deeds - Mich. Comp. Laws Section 32.768
The state military board may receive from the federal and local governments, corporations, individuals, or other sources, gifts of property and money to aid...
- Title to Real Property - Mich. Comp. Laws Section 32.772
The state military board may take title to real property to be used for military purposes in the name of the state.
- Property Used for Military Purposes - Mich. Comp. Laws Section 32.772a
If the governor declares military property or any part of military property to be a vital resource of the state, the adjutant general may...
- Condemnation of Property for Military Purposes; Procedure - Mich. Comp. Laws Section 32.774
The state military board may condemn property for armory building sites and military training areas in accordance with the statutes of the state of
- Granting of Easements; Public Utilities, Restrictions - Mich. Comp. Laws Section 32.776
The state military board may grant easements under and over any state-owned real property under the jurisdiction and control of the state military establishment....
- Exchange of Property for Erection of Armory; Procedure, Reconveyance - Mich. Comp. Laws Section 32.778
When a site is deeded to the state for the erection of an armory, and thereafter any person or local government or combination of...
- Local Zoning Ordinances; Applicability; Conformance to Local Government Master Plan - Mich. Comp. Laws Section 32.780
State-owned or leased armories and accessory buildings, military warehouses, arsenals and storage facilities for military equipment, and lands and appurtenances required for the construction...
- Armories and Military Facilities; Disposal; Approval by State Administrative Board; Report to Legislative Committees - Mich. Comp. Laws Section 32.782
(1) The state military board may dispose of Michigan national guard armories, facilities, or lands under the jurisdiction of the state military establishment if,...
- Michigan National Guard Construction Fund; Creation; Depositing Money Into Fund; Reversion; Expenditure; Purpose; Investing Unexpended Portion and Crediting Earnings - Mich. Comp. Laws Section 32.782a
(1) The Michigan national guard armory construction fund is created as a separate fund in the state treasury. All money received as gifts under...
- Camp Grayling Military Reservation; Title - Mich. Comp. Laws Section 32.784
The state military board shall hold title to the camp Grayling military reservation under the terms of the deed from the Hanson estate and...
- Camp Grayling; Transfer; Control, Exchange or Sale of Lands; Approval of Legislature - Mich. Comp. Laws Section 32.788
The department of conservation shall transfer to the state military board such lands under its control as competent authority shall direct. These lands shall...
- Military Board; Biennial Report to Adjutant General and Governor - Mich. Comp. Laws Section 32.790
Biennially, the board shall report its proceedings to the adjutant general and through him to the governor. The adjutant general may include portions of...
- Retirement; National Guard and Defense Force Personnel - Mich. Comp. Laws Section 32.801
Except in time of war or national emergency declared by the congress of the United States, officers, warrant officers and enlisted personnel shall be...
- Officers; Transfers to the Inactive National Guard; Discharge Upon Resignation - Mich. Comp. Laws Section 32.803
An officer not being under charges may be transferred to the inactive national guard, as provided by federal law and regulation, on his own...
- Retired National Guard Officers; Enrollment on Military Retirement List - Mich. Comp. Laws Section 32.805
An officer who has served in the national guard, upon honorable retirement from active service whether on his own application or otherwise, may be...
- Retired Personnel; Return to Active Service, Removal From Military Retirement List - Mich. Comp. Laws Section 32.806
If due to a change of physical condition or a change in federal law, rule or regulation, a retired person again becomes eligible for...
- Retired Personnel; Pay or Emoluments; Recall to Active Duty; Restoration to Retirement Status - Mich. Comp. Laws Section 32.807
Except as otherwise provided in this act, no person on the state military retired list is entitled to receive any pay or emolument from...
- Retired Officers; Eligibility for Court Detail or Other Specific Temporary Special Duty; Compensation; Restoration to Retirement Status - Mich. Comp. Laws Section 32.809
Any retired officer is eligible for detail to any court constituted under orders of the governor and for any other specific temporary special duty...
- Retirement From Special Duty; Retirement Pay; Minimum Active Service; Deduction of Federal Retirement Pay; Effective Date of Benefits; Death Before or After Retirement; Survivor's Benefit for Eligible Surviving Spouse - Mich. Comp. Laws Section 32.810
(1) For purposes of this section, "eligible surviving spouse" means the person to whom the deceased officer or enlisted person was married preceding the...
- Retirement on Completion of Not Less Than 20 Years of Active Service; Eligibility; Annual Amount; Amount to Be Received by Spouse Upon Death of Person - Mich. Comp. Laws Section 32.811
(1) A person who has completed not less than 20 years of active service with the national guard or defense force, or both, may...
- Retirement Pay; Limitations on Eligibility - Mich. Comp. Laws Section 32.815
Any person receiving retirement pay under the provisions of sections 306, 410 or 431 shall not be eligible for retirement pay under provisions of...
- Active Service; Definition - Mich. Comp. Laws Section 32.817
For the purposes of establishing eligibility for retirement pay, "active service" shall consist of any of the following: (a) Active service in the Michigan...
- Repealed. 2000, Act 427, Imd. Eff. Jan. 9, 2001. - Mich. Comp. Laws
- Retirement of Full - Time Employees of Military Establishment; Exceptions; State Employees' Retirement System - Mich. Comp. Laws Section 32.825
Full-time employees of the military establishment, except the adjutant general, the assistant adjutants general and persons holding other unclassified military positions, shall receive retirement...
- Previously Retired Personnel; Retirement Pay; Deductions; Service Credits, Accrual - Mich. Comp. Laws Section 32.831
The retired status of officers, warrant officers and enlisted personnel previously retired under the provisions of Act No. 84 of the Public Acts of...
- Transfer of Officer, Warrant Officer or Enlisted Person to State Civil Service; Election as to Transfer of Retirement Credits; Computation of Retirement; Forfeiture of Other Retirement - Mich. Comp. Laws Section 32.833
(1) An officer, warrant officer or enlisted person who enters a civilian position and is transferred to state civil service by virtue of this...
- Retirement Pay At Age Sixty; Eligibility; Deductions From State Benefits - Mich. Comp. Laws Section 32.835
Those eligible on or after the effective date of this act as provided in Act No. 84 of the Public Acts of 1909, as...
- Repeals - Mich. Comp. Laws Section 32.851
Sections 1 to 7, 7a, 7b, 7c, 8 to 33, 36 to 41, 43, 44, 45, 45a, 45c, 46, 47, 47a, 48, 50 to...
- Transfer of Powers and Duties of State Military Board to Department of Military and Veterans Affairs by Type III Transfer; Dissolution and Abolishment of State Military Board - Mich. Comp. Laws Section 32.861
32.861 Transfer of powers and duties of state military board to department of military and veterans affairs by type III transfer; dissolution and abolishment...
- Short Title - Mich. Comp. Laws Section 32.1001
This act shall be known and may be cited as the "Michigan code of military justice of 1980".
- Definitions - Mich. Comp. Laws Section 32.1002
As used in this act: (a) "Accuser" means a person who signs and swears to charges, a person who directs that charges be signed...
- Applicability; Convening and Holding Courts - Martial and Courts of Inquiry Out of State; Offenses Committed Out of State; Trial and Punishment - Mich. Comp. Laws Section 32.1003
(1) This code applies to all members of the state military forces when not in federal service, and to all other persons lawfully called,...
- Relieving Person From Trial by Court - Martial; Limitation; Trial by Court - Martial of Person Charged With Fraudulently Obtaining Discharge; Effect of Conviction - Mich. Comp. Laws Section 32.1004
(1) Subject to the limitation of actions under section 43, a person who is subject to this code and charged with an offense under...
- Application by Dismissed Officer for Trial by Court - Martial; Convening General Court - Martial; Jurisdiction; Waiver of Right to Plead Statute of Limitations; Affirming Dismissal; Substituting Discharge Authorized for Administrative Issuance; Reappointment of Officer - Mich. Comp. Laws Section 32.1005
(1) If an officer, dismissed by order of the governor by reason of an alleged violation of this code, makes written application for trial...
- State Judge Advocate General and Assistants or Legal Officers; Appointment; Eligibility; Inspections; Communications; Person Acting in Court - Martial Case Prohibited From Acting as Staff Judge Advocate or Legal Officer To, or as a Member Of, Reviewing Authority or Military Appeals Tribunal on Same Case - Mich. Comp. Laws Section 32.1006
(1) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate general....
- Persons Authorized to Apprehend Persons Subject to Code; Fees or Charges - Mich. Comp. Laws Section 32.1007
(1) A person authorized under the rules issued pursuant to this code to apprehend a person subject to this code, a marshal of a...
- Apprehension of Person Charged With Violation by Civil Law Enforcement Officer - Mich. Comp. Laws Section 32.1008
A civil law enforcement officer of this state may apprehend a person charged with the violation of section 85 and deliver the person into...
- "Arrest" Defined; Arrest by Military Superior; Probable Cause; Authority to Secure Custody of Alleged Offender Not Limited - Mich. Comp. Laws Section 32.1009
(1) As used in this section, "arrest" means the restraint of a person by an order not imposed as a punishment for an offense,...
- Arrest or Confinement; Warrant of Arrest; Service; Place of Confinement - Mich. Comp. Laws Section 32.1010
(1) A person subject to this code and charged with an offense under this code shall be ordered into arrest or confinement, as circumstances...
- Refusal to Receive or Keep Prisoner Committed; Statement; Report to Commanding Officer of Prisoner; Taking Prisoner From Pretrial Custody of Person Other Than State Military Forces; Informing Prisoner of Charges and Right to Counsel - Mich. Comp. Laws Section 32.1011
(1) A provost marshal, commander of a guard, warden, keeper, or officer of a place of confinement described in section 10, shall not refuse...
- Bail - Mich. Comp. Laws Section 32.1013
(1) Except as provided in section 15 of article I of the state constitution of 1963, a person charged with a violation under this...
- Trial by Court - Martial Limited to Certain Violations; Delivery of Person Subject to Code to Civil Authority for Trial; Conviction in Civil Tribunal; Return to Military Custody for Completion of Sentence of Court - Martial - Mich. Comp. Laws Section 32.1014
(1) It is the intent of the legislature that trial by court-martial be limited to the violations defined in article 10. (2) A person...
- Disciplinary Punishment for Minor Offense; Combination; Serving Correctional Custody; Imposition of Punishment Upon Enlisted Member by Officer in Charge; Suspension, Remission, or Mitigation of Punishment; Appeal; Disciplinary Punishment Not Bar to Trial by Court - Martial; Records of Proceedings; Right to Demand Trial by Court - Martial; Applicability of Forfeiture to Pay and Allowances - Mich. Comp. Laws Section 32.1015
(1) Under regulations issued pursuant to this act, a commanding officer, in addition to or instead of an admonition or reprimand, may impose disciplinary...
- Kinds of Courts - Martial - Mich. Comp. Laws Section 32.1016
The 3 kinds of courts-martial in the state military forces are: (a) General courts-martial, consisting of a military judge and not less than 5...
- Attachment of Court - Martial Jurisdiction and Trial of Accused During Period of Active State Duty - Mich. Comp. Laws Section 32.1017
(1) Court-martial jurisdiction over a person accused of an offense against this code attaches during a duly authorized period of active state duty. (2)...
- General Court - Martial; Jurisdiction; Powers of Punishment - Mich. Comp. Laws Section 32.1018
A general court-martial has jurisdiction to try persons subject to this code for an offense made punishable by this code and may adjudge any...
- Special Court - Martial; Jurisdiction; Powers of Punishment - Mich. Comp. Laws Section 32.1019
A special court-martial has jurisdiction to try a person subject to this code, except an officer, for an offense for which the person may...
- Summary Court - Martial; Jurisdiction; Objection by Accused; Sentences - Mich. Comp. Laws Section 32.1020
(1) A summary court-martial has jurisdiction to try a person subject to this code, except an officer, for an offense made punishable by this...
- Court - Martial; Sentencing Person to Confinement Instead of Imposing Fine - Mich. Comp. Laws Section 32.1021
A court-martial, instead of imposing fine, may sentence a person to confinement for not more than 1 day for each dollar of the authorized
- General Court - Martial; Convening by Order of Governor or State Adjutant General - Mich. Comp. Laws Section 32.1022
A general court-martial may be convened by order of the governor or the state adjutant general.
- Special Court - Martial; Convening Authority - Mich. Comp. Laws Section 32.1023
The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of...
- Summary Court - Martial; Convening Authority - Mich. Comp. Laws Section 32.1024
The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of...
- Members for Courts - Martial; Selection; Eligibility; Qualifications - Mich. Comp. Laws Section 32.1025
(1) Members for all courts-martial shall be selected at random pursuant to regulations issued by the state adjutant general not inconsistent with this section....
- General or Special Court - Martial; Military Judge - Mich. Comp. Laws Section 32.1026
(1) The person convening a general or special court-martial shall request the state judge advocate general to appoint a military judge to the general...
- General and Special Court - Martial; Trial Counsel and Defense Counsel; Assistants - Mich. Comp. Laws Section 32.1027
(1) For each general and special court-martial, the authority convening the court shall request the state judge advocate to detail trial counsel and defense...
- General or Special Court - Martial; Court Reporters; Interpreters - Mich. Comp. Laws Section 32.1028
(1) The convening authority of a general or special courts-martial shall detail or employ qualified court reporters, who shall record the proceedings of and...
- General or Special Court - Martial; Members Not to Be Absent or Excused After Arraignment; Exceptions; Reduction of Membership Below Specified Number; Procedure - Mich. Comp. Laws Section 32.1029
(1) A member of a general or special courts-martial shall not be absent or excused after the accused has been arraigned except for physical...
- Preferring Charges and Specifications; Signature; Oath; Disposition; Informing Accused of Charges - Mich. Comp. Laws Section 32.1030
(1) Any person subject to this code may prefer charges. (2) A person preferring charges and specifications shall sign the charges under oath before...
- Self - Incrimination; Interrogation of Accused or Suspect; Compelling Statement or Evidence Not Material to Issue and Tending to Degrade Person; Statements Obtained From Person Not to Be Received in Evidence; Persons Bound by Requirements of Section; Duties of Interrogator - Mich. Comp. Laws Section 32.1031
(1) A person subject to this code shall not compel another person to incriminate himself or herself or to answer any question the answer...
- Investigation of Matters Set Forth in Charge or Specification; Conduct; Formal Report; Contents; Informing Accused of Rights and Other Matters; Opportunity for Cross - Examination and for Presentation; Demand for Further Investigation - Mich. Comp. Laws Section 32.1032
(1) A charge or specification shall not be referred to a general courtmartial for trial until a thorough and impartial investigation of all matters...
- Officer Exercising Special Court - Martial Jurisdiction Over Accused to Forward Charges to Governor; Report - Mich. Comp. Laws Section 32.1033
If a person is held for trial by a general court-martial, the officer exercising special court-martial jurisdiction over the accused shall, within 8 days...
- Convening Authority to Refer Charge to State Judge Advocate for Consideration and Advice Before Trial; Referring Charge to General Court - Martial for Trial; Formal Corrections and Changes in Charges and Specifications - Mich. Comp. Laws Section 32.1034
(1) Before directing the trial of a charge by a general court-martial, the convening authority shall refer the charge to the state judge advocate...
- Service of Charges Upon Accused; Person Not to Be Brought to Trial Within Specified Time Period - Mich. Comp. Laws Section 32.1035
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges...
- Procedure to Conform With Code, Rules, and Manual for Courts - Martial United States, 1969; Rules of Evidence - Mich. Comp. Laws Section 32.1036
(1) All procedure shall be in conformity with this code, with rules which may be promulgated by the adjutant general, and where not inconsistent,...
- Convening Authority or Commanding Officer; Censuring, Reprimanding, or Admonishing Court; Coercing or Influencing by Unauthorized Means; Action of Court - Martial or Member of Court - Martial; Applicability; Preparing Report or Making Determination Concerning Advancement, Assignment, Transfer, or Retention of Member of State Military Forces - Mich. Comp. Laws Section 32.1037
(1) An authority convening a general, special, or summary court-martial, or any other commanding officer or officer serving on the staff of the commanding...
- Duties of Trial Counsel; Right of Accused to Representation by Civilian Counsel, Military Counsel, or Defense Counsel; Associate Counsel; Conviction; Brief; Assistant Trial Counsel and Assistant Defense Counsel; Performance of Duties - Mich. Comp. Laws Section 32.1038
(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the...
- Military Judge; Calling Court Into Session Without Presence of Members; Purposes; Proceedings to Be Made Part of Record and Conducted in Presence of Certain Persons - Mich. Comp. Laws Section 32.1039
(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and...
- Continuances - Mich. Comp. Laws Section 32.1040
The military judge or a court-martial without a military judge, for reasonable cause, may grant a continuance to any party for a period, and...
- Challenges for Cause and Peremptory Challenges - Mich. Comp. Laws Section 32.1041
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause...
- Persons Required to Take Oath or Affirmation in Presence of Accused; Examination of Witnesses on Oath or Affirmation - Mich. Comp. Laws Section 32.1042
(1) Before performing their respective duties, interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant...
- Trial and Punishment; Limitations; Computation of Time Period - Mich. Comp. Laws Section 32.1043
(1) A person charged with desertion or absence without leave when the governor, by proclamation has declared a grave state of emergency, or with...
- Trial of Accused Twice for Same Offense Prohibited - Mich. Comp. Laws Section 32.1044
(1) A person subject to this code shall not be tried a second time by a civil court or a military court of the...
- Entering Plea of Not Guilty in Record; Entering Finding of Guilty Where Plea of Guilty Made and Accepted; Withdrawal of Guilty Plea - Mich. Comp. Laws Section 32.1045
(1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea,...
- Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court - Martial to Run to Any Part of State - Mich. Comp. Laws Section 32.1046
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. (2) The military judge...
- Offenses Against State; Compliance With Subpoena; Attendance, Qualification, and Testifying as Witness; Production of Evidence; Trial; Jurisdiction; Punishment - Mich. Comp. Laws Section 32.1047
(1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or...
- Military Court; Contempt Power; Punishment - Mich. Comp. Laws Section 32.1048
A military court may punish for contempt a person subject to this code who wilfully and unlawfully refuses to be sworn or to affirm...
- Depositions - Mich. Comp. Laws Section 32.1049
(1) At any time after charges have been signed as provided in section 30, a party may take an oral or written deposition unless...
- Reading in Evidence Sworn Testimony of Person Whose Oral Testimony Not Obtainable; Conditions - Mich. Comp. Laws Section 32.1050
(1) If not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court...
- Lack of Mental Responsibility as Affirmative Defense - Mich. Comp. Laws Section 32.1050a
(1) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense,...
- Voting by Members of Court - Martial on Findings and on Sentence; Rulings by Military Judge Upon Questions of Law or Interlocutory Questions; Finality; Instructing Court as to Elements of Offense and Charge; Court - Martial Composed of Military Judge Only; Procedure - Mich. Comp. Laws Section 32.1051
(1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret, written ballot. The...
- Conviction and Sentence; Concurrence of 2/3 of Members Present Required; Determination of Questions by Majority Vote or Lesser Vote; Tie Vote - Mich. Comp. Laws Section 32.1052
(1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the...
- Announcement by Court - Martial of Findings and Sentence - Mich. Comp. Laws Section 32.1053
A court-martial shall announce its findings and sentence to the parties as soon as determined by the court.
- Record of Proceedings; Authentication; Contents; Filing Original and Copies of Trial Record - Mich. Comp. Laws Section 32.1054
(1) Each general and special court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated by the...
- Cruel or Unusual Punishment Prohibited; Use of Irons Prohibited; Exception - Mich. Comp. Laws Section 32.1055
Punishment by flogging, branding, marking, or tattooing the body or any other cruel or unusual punishment, shall not be issued by a court-martial or...
- Punishment and Sentence; Limits - Mich. Comp. Laws Section 32.1056
The punishment which a court-martial may direct for an offense shall not exceed the limits prescribed by this code. If a sentence exceeds the...
- Sentence; Forfeiture of Pay or Allowances; Confinement; Effective Date; Deferring Service of Sentence to Confinement by Governor; Termination and Rescission of Deferment - Mich. Comp. Laws Section 32.1057
(1) If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, the forfeiture may apply to...
- Sentence of Confinement; Execution; Discipline and Treatment to Which Imprisoned Person Subject; Omission of Words "hard Labor" From Sentence; Duty of Keeper or Officer in Charge of County Jail to Receive or Confine Prisoner; Form of Writ; Fine; Commitment of Accused Upon Failure to Pay Fine; Form; Proceeds of Fines; Costs of Prosecution - Mich. Comp. Laws Section 32.1058
(1) A sentence of confinement issued by a court-martial may be carried into execution by confinement in a place allowed by section 10 as...
- Forwarding Record to Convening Authority as Reviewing Authority; Exception; Action on Record - Mich. Comp. Laws Section 32.1060
Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority....
- Referring Record to State Judge Advocate; Review and Opinion - Mich. Comp. Laws Section 32.1061
Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general...
- Returning Record to Court for Action; Reasons - Mich. Comp. Laws Section 32.1062
(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty,...
- Disapproval by Convening Authority of Findings and Sentence; Reasons; Rehearing; Dismissal of Charges; Sentence - Mich. Comp. Laws Section 32.1063
(1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence...
- Approval by Convening Authority of Findings of Guilty and Sentence; Approval of Sentence as Approval of Findings - Mich. Comp. Laws Section 32.1064
In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or...
- Finality of Action on Review of Trial Record Where Governor Is Convening Authority; Review of Trial Record by State Judge Advocate General; Opinion; Final Action; Authority of Governor or State Judge Advocate General in Reviewable Cases; Instructing Convening Authority to Take Action Pursuant to State Judge Advocate General's Decision or Review; Exception; Dismissal of Charges Upon Finding Rehearing Impracticable; Boards of Review; Composition; Authority and Powers; Effect of Error of Law on Finding or Sentence; Approving or Affirming So Much of Finding of Guilty Which Includes Lesser Included Offense - Mich. Comp. Laws Section 32.1065
(1) If the convening authority is the governor, the action on the review of a record of trial shall be final. (2) In all...
- Final Military Review of Sentence of General Court - Martial or of Sentence to Dishonorable Discharge by Special Court - Martial; Right to Counsel; Appointment by Convening Authority; Representation by Civilian Counsel - Mich. Comp. Laws Section 32.1066
(1) Upon the final military review of a sentence of a general court-martial or of a sentence to a dishonorable discharge by a special...
- Military Appeals Tribunal; Establishment; Location; Appointment, Reappointment, and Terms of Members; Eligibility; Appointment and Duties of Chairperson; Quorum; Concurrence Necessary for Decision; Removal of Member; Legal, Technical, and Secretarial Assistance; Compensation and Expenses; Appellate Jurisdiction; Petition for Review; Action by Tribunal; Granting Stay or Deferring Service of Sentence; Setting Aside Findings and Sentence; Ordering Rehearing or Dismissing Charges; Returning Record to State Judge Advocate General; Further Action - Mich. Comp. Laws Section 32.1067
(1) A military appeals tribunal is established and located for administrative purposes only in the department of military affairs. The tribunal shall consist of...
- Appeal From Final Decision of Military Appeals Tribunal - Mich. Comp. Laws Section 32.1068
An appeal may be taken to the state court of appeals from any final decision of the military appeals tribunal.
- Trial Counsel and Defense Counsel to Serve as Appellate Counsel; Right to Civilian Counsel; Disability of Defense or Trial Counsel - Mich. Comp. Laws Section 32.1070
The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code....
- Execution of Sentence; Approval; Suspension - Mich. Comp. Laws Section 32.1071
(1) A court-martial sentence involving a general officer or extending to the dismissal of an officer other than a general officer shall not be...
- Violation of Probation; Hearing; Representation by Counsel; Sending Record of Hearing and Recommendation for Action to Governor or Commanding Officer of Force; Vacating Suspension of Sentence - Mich. Comp. Laws Section 32.1072
(1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of...
- Petition for New Trial; Grounds; Time Limitation - Mich. Comp. Laws Section 32.1073
Not later than 1 year after approval of a court-martial sentence, pursuant to section 71, which extends to dismissal or dishonorable discharge, the accused...
- Remitting or Suspending Part or Amount of Unexecuted Sentence; Substituting Administrative Form of Discharge for Dishonorable Discharge or Dismissal - Mich. Comp. Laws Section 32.1074
(1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (2)...
- Restoration of Rights, Privileges, and Property Affected by Executed Part of Court - Martial Sentence That Is Set Aside or Disapproved; Exception; Substituting Administrative Form of Discharge Where Previously Executed Sentence of Dishonorable Discharge or Dismissal Not Imposed on New Trial; Exception; Reappointment of Dismissed Officer - Mich. Comp. Laws Section 32.1075
(1) Each right, privilege, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an...
- Person Subject to Code as Principal - Mich. Comp. Laws Section 32.1077
A person subject to this code is a principal if the person commits 1 of the following acts: (a) An offense punishable by this...
- Receiving, Comforting, or Assisting Offender; Punishment - Mich. Comp. Laws Section 32.1078
A person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender...
- Finding Accused Guilty of Offense Necessarily Included in Offense Charged or of Attempt to Commit Offense Charged or Offense Necessarily Included in Offense Charged - Mich. Comp. Laws Section 32.1079
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense...
- Attempt to Commit Offense; Punishment; Conviction of Attempt Where Offense Completed - Mich. Comp. Laws Section 32.1080
(1) An act, done with the specific intent to commit an offense under this code, amounting to more than mere preparation, even though failing...
- Conspiracy; Punishment - Mich. Comp. Laws Section 32.1081
A person subject to this code who conspires with any other person to commit an offense under this code, if 1 or more of...
- Soliciting or Advising Another to Desert, Mutiny, or Commit Act of Misbehavior Before Enemy or Sedition; Punishment - Mich. Comp. Laws Section 32.1082
(1) A person subject to this code who solicits or advises another to desert in violation of section 85 or mutiny in violation of...
- Procuring Enlistment or Appointment by Means of Knowingly False Representations or Deliberate Concealment as to Qualifications; Receiving Pay or Allowances; Procuring Separation by Means of Knowingly False Representations or Deliberate Concealment as to Eligibility - Mich. Comp. Laws Section 32.1083
A person shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Procures his or her own...
- Effecting Enlistment, Appointment, or Separation of Person Known to Be Ineligible; Punishment - Mich. Comp. Laws Section 32.1084
A person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of a person...
- Desertion; Member of State Military Forces Not Prohibited From Accepting Employment in Another State or Leaving State in Pursuance of Vocation, Education, or Profession; Informing Commanding Officer of Absence; Waiver; Punishment - Mich. Comp. Laws Section 32.1085
(1) A member of the state military forces is guilty of desertion if the member commits 1 of the following acts: (a) Without proper...
- Failure to Go To, or Going or Remaining Absent From, Place of Duty; Punishment - Mich. Comp. Laws Section 32.1086
A person subject to this code who, without proper authority, fails to go to his or her appointed place of duty at the time...
- Missing Movement of Ship, Train, Bus, Motor Convoy, Vehicle, Airplane, or Unit; Punishment - Mich. Comp. Laws Section 32.1087
A person subject to this code who through neglect or design misses the movement of a ship, train, bus, motor convoy, vehicle, airplane, or...
- Use of Contemptuous Words; Prohibition; Violation - Mich. Comp. Laws Section 32.1088
(1) A person subject to this act shall not use contemptuous words against the president, vice president, congress, secretary of defense, a secretary of...
- Disrespect Toward Superior Commissioned Officer; Punishment - Mich. Comp. Laws Section 32.1089
A person subject to this code who behaves with disrepect toward a superior commissioned officer shall be punished as a court-martial directs.
- Striking, Drawing or Lifting Up Weapon, or Offering Violence Against Superior Commissioned Officer; Wilful Disobedience of Lawful Command; Punishment - Mich. Comp. Laws Section 32.1090
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Strikes...
- Prohibited Acts by Warrant Officer or Enlisted Person; Punishment - Mich. Comp. Laws Section 32.1091
A warrant officer or enlisted person who commits 1 of the following acts shall be punished as a court-martial directs: (a) Strikes or assaults...
- Violating or Failing to Obey Lawful Order, Rule, or Regulation; Dereliction in Performance of Duties; Punishment - Mich. Comp. Laws Section 32.1092
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Violates...
- Cruelty Toward or Oppression or Maltreatment of Person Subject to Person's Orders; Punishment - Mich. Comp. Laws Section 32.1093
A person subject to this code who is guilty of cruelty toward or oppression or maltreatment of a person subject to the person's orders...
- Mutiny, Sedition, or Failure to Suppress or Report Mutiny or Sedition; Punishment - Mich. Comp. Laws Section 32.1094
(1) A person subject to this code: (a) Who, with the intent to usurp or override a lawful military authority, refuses, in concert with...
- Resisting Apprehension, Breaking Arrest, or Escaping From Custody or Confinement; Punishment - Mich. Comp. Laws Section 32.1095
A person subject to this code who resists apprehension, breaks arrest, or escapes from custody or confinement shall be punished as a court-martial directs.
- Releasing Prisoner or Permitting Prisoner to Escape; Punishment - Mich. Comp. Laws Section 32.1096
A person subject to this code who, without proper authority, releases a prisoner committed to the person's charge, or who through neglect or design...
- Wrongful Apprehension, Arrest, or Confinement of Person; Punishment - Mich. Comp. Laws Section 32.1097
Except as provided by law, a person subject to this code, who wrongfully apprehends, arrests, or confines a person shall be punished as a...
- Unnecessary Delay in Disposition of Accused Person's Case; Failure to Enforce or Comply With Code Provision Regulating Proceedings Before, During, or After Trial; Punishment - Mich. Comp. Laws Section 32.1098
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Is...
- Prohibited Acts Committed Before or in Presence of Enemy, in Peacetime Emergency, or Civil Disturbance; Punishment - Mich. Comp. Laws Section 32.1099
A person subject to this code who before or in the presence of the enemy or during the performance of duty in a peacetime...
- Compelling or Attempting to Compel Commander to Abandon or Give Up to Enemy Place, Vessel, Aircraft, or Property; Striking Colors or Flag to Enemy Without Authority; Punishment - Mich. Comp. Laws Section 32.1100
A person subject to this code who compels or attempts to compel the commander of a place, vessel, aircraft, or of other military property...
- Disclosure of Countersign or Giving Different Countersign During Declared State of Emergency; Punishment - Mich. Comp. Laws Section 32.1101
A person subject to this code who in time of declared state emergency discloses the countersign to a person not entitled to receive the...
- Forcing a Safeguard; Punishment - Mich. Comp. Laws Section 32.1102
A person subject to this code who forces a safeguard shall be punished as a court-martial directs.
- Securing Public Property Taken in Performance of Duty; Giving Notice and Turning Over to Proper Authority Captured or Abandoned Property; Prohibited Acts; Punishment - Mich. Comp. Laws Section 32.1103
(1) A person subject to this code shall secure all public property taken in the performance of his or her duty and shall give...
- Aiding or Attempting to Aid Enemy; Harboring, Protecting, or Giving Intelligence To, or Communicating, Corresponding, or Holding Intercourse With, Enemy; Punishment - Mich. Comp. Laws Section 32.1104
A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Aids...
- Prohibited Acts Committed While in Hands of Captor During Declared State of Emergency or Civil Disturbance; Punishment - Mich. Comp. Laws Section 32.1105
(1) A person subject to this code who, while in the hands of a captor in time of declared state emergency, or civil disturbance...
- Signing or Making False Document or False Official Statement; Punishment - Mich. Comp. Laws Section 32.1107
A person subject to this code who, with the intent to deceive, signs a false record, return, rule, order, or other official document, knowing...
- Loss, Damage, Destruction, or Unauthorized Sale or Disposal of Military Property; Punishment - Mich. Comp. Laws Section 32.1108
(1) A person subject to this code shall not, without proper authority, do any of the following: (a) Sell or otherwise dispose of military...
- Wasting, Spoiling, or Destroying Property; Punishment - Mich. Comp. Laws Section 32.1109
(1) A person subject to this code, while on duty or in the course of duty, shall not willfully or recklessly waste, spoil, or...
- Operation of Military Vehicle or Aircraft While Under Influence of Intoxicating Liquor in Reckless or Wanton Manner or Without Authority; Punishment - Mich. Comp. Laws Section 32.1111
A person subject to this code who operates a military vehicle or aircraft while under the influence of intoxicating liquor or in a reckless...
- Person Found Under Influence of Intoxicating Liquor or Controlled Substance While in Uniform or on State Military Property; Punishment - Mich. Comp. Laws Section 32.1112
(1) A person subject to this code who is not a sentinel or a lookout as described in section 113 shall not be either...
- Sentinel or Guard Found Under Influence of Intoxicating Liquor or Controlled Substance or Sleeping Upon Post; Leaving Post Before Being Relieved; Punishment - Mich. Comp. Laws Section 32.1113
A sentinel or guard subject to this code who is found under the influence of intoxicating liquor or a controlled substance or sleeping upon...
- Dueling; Failure to Report Challenge; Punishment - Mich. Comp. Laws Section 32.1114
A person subject to this code who fights, promotes, or is concerned in or connives at fighting a duel or who, having knowledge of...
- Feigning Illness, Physical Disablement, Mental Lapse, or Derangement, or Intentionally Inflicting Self - Injury to Avoid Work, Duty, or Service; Punishment - Mich. Comp. Laws Section 32.1115
A person subject to this code who for the purpose of avoiding work, duty, or service feins illness, physical disablement, mental lapse, or derangement,...
- Causing or Participating in Riot or Breach of Peace; Punishment - Mich. Comp. Laws Section 32.1116
A person subject to this code who causes or participates in a riot or breach of the peace shall be punished as a court-martial
- Using Provoking or Reproachful Words or Gestures While in Duty Status; Punishment - Mich. Comp. Laws Section 32.1117
A person subject to this code who while in a duty status uses provoking or reproachful words or gestures toward another person subject to...
- Depriving Owner of Property or Money; Larceny; Punishment - Mich. Comp. Laws Section 32.1121
(1) A person subject to this code who unlawfully takes, obtains, or withholds from the United States, this state, or any other state, any...
- Giving False Testimony in a Proceeding as Perjury; Punishment - Mich. Comp. Laws Section 32.1131
A person subject to this code who in a proceeding under this code wilfully and corruptly gives, upon a lawful oath or in a...
- Making False Claims; Prohibited Acts; Punishment - Mich. Comp. Laws Section 32.1132
(1) A person subject to this code shall not commit any of the following acts: (a) Knowing the claim to be false or fraudulent,...
- Conduct Unbecoming an Officer; Conviction; Punishment - Mich. Comp. Laws Section 32.1133
A commissioned officer or warrant officer who is convicted of conduct unbecoming an officer shall be dismissed from the military service of this state...
- Cognizance by Court - Martial of a Disorder or Neglect to Prejudice of Good Order and Discipline; Punishment - Mich. Comp. Laws Section 32.1134
(1) A person subject to this code shall not through disorder or neglect to the prejudice of good order and discipline or through conduct...
- Court of Inquiry; Convening Authority; Membership; Appointment of Counsel; Rights of Person Having Direct Interest in Subject of Inquiry; Challenges for Cause; Oath or Affirmation; Witnesses; Findings of Fact; Record of Proceedings; Authentication - Mich. Comp. Laws Section 32.1135
(1) A court of inquiry to investigate any matter may be convened by a person authorized to convene a general court-martial or by any...
- Officers Having Power to Administer Oaths; Affidavits; Signature and Title of Office as Prima Facie Evidence of Officer's Authority - Mich. Comp. Laws Section 32.1136
(1) The following officers of the state military forces shall have the power to administer oaths for the purposes of military administration, including military...
- Sections to Be Explained to Enlisted Person; Availability of Code and Rules - Mich. Comp. Laws Section 32.1137
Sections 3, 4, 7, 8, 9, 10, 11, 15, 28, 30, 31, 37, 38, 55, 58, 77 to 134, 137 to 139, and 145...
- Complaint to Superior Officer Concerning Commanding Officer; Forwarding Complaint to Officer Exercising General Court - Martial Jurisdiction; Examination; Redress; Transmitting True Statement of Complaint With Proceedings, to Adjutant General - Mich. Comp. Laws Section 32.1138
A member of the state military forces who believes that he or she was wronged by the member's commanding officer, or who, upon due...
- Complaint to Commanding Officer Concerning Wilful Damage To, or Wrongful Taking Of, Property of Person; Convening Board to Investigate Complaint; Membership and Powers of Board; Assessment, Approval, and Payment of Damages - Mich. Comp. Laws Section 32.1139
(1) If a complaint is made to a commanding officer that wilful damage has been done to the property of a person subject to...
- Delegation and Subdelegation of Authority Vested in Governor - Mich. Comp. Laws Section 32.1140
The governor is authorized to delegate the authority vested in the governor under this code and to provide for the subdelegation of that authority.
- Determining Moral Character, Capacity, and General Fitness of Officer or Warrant Officer; Efficiency Board; Unfavorable Findings; Demanding Court of Inquiry; Adverse Finding; Discharge; Procedural and Other Rules; Right to Counsel - Mich. Comp. Laws Section 32.1141
(1) The moral character, capacity, and general fitness for service of an officer or warrant officer of the state military forces not in the...
- Action or Proceeding Not to Be Prosecuted or Maintained Against Convening Authority, Member of Military Court, or Officer or Person Acting Under Convening Authority or Reviewing Proceedings - Mich. Comp. Laws Section 32.1142
An action or proceeding shall not be prosecuted or maintained against the convening authority or member of a military court or officer or person...
- Jurisdiction of Military Courts and Board; Presumption; Burden of Proof - Mich. Comp. Laws Section 32.1143
The jurisdiction of the military courts and board established by this code shall be presumed and the burden of proof shall rest on a...
- Appointing and Removing Person or Persons to Execute or Serve Process, Mandate, or Order - Mich. Comp. Laws Section 32.1144
Each summary court-martial and the president of any other court-martial and of a court of inquiry may appoint and remove 1 or more persons...
- Issuance of Process, Mandates, and Subpoenas Duces Tecum; Form; Enforcement; Person to Whom Directed; Execution or Service and Return; Demanding or Requiring Payment of Fee or Charge Prohibited - Mich. Comp. Laws Section 32.1145
(1) A military court is empowered to issue process and mandates necessary and proper to carry into full effect the powers vested in the...
- Fine; Payment; Delivery; Deduction From Pay or Allowance Due Delinquent Offender; Payment of Fine or Penalty to State Treasurer - Mich. Comp. Laws Section 32.1146
A fine ordered under this act shall be paid to this state and shall be delivered to the military court or paid to the...
- Rules - Mich. Comp. Laws Section 32.1147
The adjutant general or the state judge advocate general shall provide for the promulgation of rules pursuant to Act No. 306 of the Public...
- Repeal of Mcl 32.301 to 32.427 - Mich. Comp. Laws Section 32.1148
Act No. 297 of the Public Acts of 1957, being sections 32.301 to 32.427 of the Compiled Laws of 1970, is repealed.
Last modified: March 17, 2013
|
|