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Michigan Compiled Laws - Military Establishment
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Michigan Lawyer > Military Establishment > Michigan Compiled Laws - Military Establishment
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.1-32.33
Compiler's Notes: The repealed sections pertained to the state military establishments. ...
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957 - Mich. Comp. Laws Section 32.34
Compiler's Notes: The repealed section pertained to discharge of military officers for unfitness. ...
- 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- Repealed. 1967, Act 150, Imd.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 Section 32.36-32.41
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957 - Mich. Comp. Laws Section 32.42
Compiler's Notes: The repealed section pertained to neglect of duty by officers and enlisted men. ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.43-32.45a
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Repealed. 1970, Act 164, Imd. Eff. Aug. 2, 1970 - Mich. Comp. Laws Section 32.45b
Compiler's Notes: The repealed section provided for quarters, awards and subsistence of militia on active duty. ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.45c-32.48
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- 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 not ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.50-32.53
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Repealed. 1957, Act 297, Eff. Sept. 27, 1957 - Mich. Comp. Laws Section 32.54-32.60
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.61-32.66
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Repealed. 1957, Act 214, Imd. Eff. June 6, 1957 - Mich. Comp. Laws Section 32.67
Compiler's Notes: The repealed section pertained to maximum expenditure by the state for an armory. ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.68-32.85
Compiler's Notes: The repealed sections pertained to state military establishment. ...
- Renaming Of Department Of Military Affairs As Department Of Military And Veterans Affairs - Mich. Comp. Laws Section 32.91
WHEREAS, Article V, Section 1, of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and WHEREAS, ...
- 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 ...
- 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 ...
- 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 S 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 Michigan ...
- Repealed. 1967, Act 150, Imd. Eff. June 30, 1967 - Mich. Comp. Laws Section 32.224
Compiler's Notes: The repealed section provided limited control over certain lands by the quartermaster general. ...
- 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 Section 32.232
Compiler's Notes: The repealed section pertained to use of Hanson Military Reservation. ...
- 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 Section 32.236
Compiler's Notes: The repealed section pertained to an appropriation for expenses. ...
- 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 ...
- 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; Definitions - Mich. Comp. Laws Section 32.273
(1) An employee who requests a leave from his or her employment shall not be denied a leave of absence by his or her employer ...
- Differential Pay Program; Definitions - Mich. Comp. Laws Section 32.273a
(2) As used in this section: (a) "Differential pay program" means a program through which the local unit of government agrees to pay during the ...
- 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. History: 1955, Act 133, Imd. Eff. June 7, ...
- 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 ...
- 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". History: 1967, Act 150, Imd. Eff. June 30, 1967 ...
- 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
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
History: 1967, Act 150, Imd. Eff. June 30, 1967 ;-- Am. 2006, Act 597, Imd. Eff. Jan. 3, 2007 ...
- 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 or ...
- 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, in ...
- 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 called ...
- 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. History: 1967, Act 150, Imd. ...
- 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. History: ...
- 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 ...
- Certificates Of Discharge; Discharge Before Expiration Of Term - Mich. Comp. Laws Section 32.637
Enlisted personnel discharged from service in the national guard shall receive certificates of discharge in writing as prescribed by the laws or regulations of ...
- Michigan Emergency Volunteers; Conditions For Activating; Aid To Civil Authority Missions; Limitation On Organization; Reports; List Of Former Officers, Warrant Officers, And Enlisted Personnel; Funding; Reference To Michigan Defense Force; Affirmative Action Guidelines; Weapons - Mich. Comp. Laws Section 32.651
(1) When the president calls or orders all or part of the national guard into federal service in time of a national emergency or when ...
- 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. History: 1967, Act 150, Imd. Eff. June 30, 1967 ...
- 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. History: 1967, Act 150, Imd. Eff. ...
- 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. History: 1967, Act 150, Imd. Eff. June 30, ...
- 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 Section 32.705
Compiler's Notes: The repealed section pertained to pay and allowances of general grade officers. ...
- Adjutant General And Assistant Adjutants General; Retirement - Mich. Comp. Laws Section 32.706
The adjutant general and the assistant adjutants general when relieved under honorable circumstances, shall be placed on the retired list of the national guard. ...
- 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. History: 1967, Act 150, ...
- 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. History: 1967, Act 150, Imd. Eff. June 30, 1967 ...
- 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 the ...
- 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 ...
- 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 duties. ...
- 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. History: 1967, ...
- 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, in ...
- 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 section ...
- 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 death ...
- 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 retire ...
- 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 Section 32.821
Compiler's Notes: The repealed section pertained to special retirement board. ...
- 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 act ...
- 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
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963, empowers the Governor to make changes in the organization of the executive branch ...
- 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". History: 1980, Act 523, Eff. Mar. ...
- Definitions - Mich. Comp. Laws Section 32.1002
(a) "Accuser" means a person who signs and swears to charges, a person who directs that charges be signed and sworn to by another, or ...
- 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
(2) This code applies to a person subject to this code while serving out of state and while going to and returning from the service ...
- 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
(2) Each person discharged from the state military forces who is later charged with having fraudulently obtained his or her discharge, except as provided in ...
- 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 by ...
- 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. To ...
- 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 court-martial ...
- Apprehension Of Person Charged With Violation By Civil Law Enforcement Officer - Mich. Comp. Laws Section 32.1008
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- "Arrest" Defined; Arrest By Military Superior; Probable Cause; Authority To Secure Custody Of Alleged Offender Not Limited - Mich. Comp. Laws Section 32.1009
(2) An officer or enlisted member of the state military forces accused of an offense in violation of this code may be placed in ...
- 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 may ...
- 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 to ...
- Bail - Mich. Comp. Laws Section 32.1013
(2) Before trial, a person is entitled to bail in an amount determined by the military judge. (3) The amount of bail shall not be ...
- 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
(2) A person subject to this code who is on active state duty and who is accused of a criminal offense against civil authority shall ...
- 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 punishment ...
- Kinds Of Courts-Martial - Mich. Comp. Laws Section 32.1016
(a) General courts-martial, consisting of a military judge and not less than 5 members; or only a military judge, if before the court is assembled ...
- 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) An ...
- 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 code. ...
- 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. History: 1980, Act 523, Eff. Mar. 31, 1981 ...
- 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
(2) A commissioned officer on duty with the state military forces is eligible to serve on all courts-martial for the trial of a person who ...
- General Or Special Court-Martial; Military Judge - Mich. Comp. Laws Section 32.1026
(2) The state judge advocate general may appoint an assistant judge advocate to serve as a military judge who is a commissioned officer, who is ...
- General And Special Court-Martial; Trial Counsel And Defense Counsel; Assistants - Mich. Comp. Laws Section 32.1027
(2) Military trial counsel or military defense counsel for a general or special courts-martial shall be licensed to practice law in this state and certified ...
- 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 testimony ...
- 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
(2) If a general court-martial is reduced below 5 members, the trial may not proceed unless the convening authority appoints new members sufficient in number ...
- 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 a ...
- 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 to ...
- 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 set ...
- 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 for ...
- 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, with ...
- 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 officer ...
- 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 court-martial, ...
- 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 members, ...
- 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 stated ...
- 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 defense ...
- 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 aiding ...
- 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 state ...
- 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, or ...
- 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 or ...
- 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 proceedings ...
- 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 the ...
- 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 of ...
- Lack Of Mental Responsibility As Affirmative Defense - Mich. Comp. Laws Section 32.1050a
(2) The accused has the burden, under subsection (1), of proving the defense of lack of mental responsibility by clear and convincing evidence. (3) Whenever ...
- 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 junior ...
- 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 vote ...
- 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. History: 1980, Act 523, Eff. Mar. ...
- 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 signature ...
- 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 pay ...
- 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
(2) The omission of the words, "hard labor", from a sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of ...
- 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, the ...
- 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 in ...
- 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 other ...
- 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 court-martial, ...
- 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 5 ...
- 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. History: 1980, Act 523, ...
- 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 executed ...
- 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 a ...
- 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) The ...
- 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 executed ...
- 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
(2) A person subject to this code who attempts to commit an offense punishable by this code shall be punished as a court-martial directs, unless ...
- 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 section ...
- 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
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- 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
(a) Without proper authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently. (b) ...
- 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
(2) A person who violates this section is guilty of an offense punishable as a court-martial may direct, subject to all recognized common law or ...
- 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. History: 1980, ...
- 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) Violates or fails to obey a lawful general order, rule, or regulation. (b) Having knowledge of a lawful order issued by a member of ...
- 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
(a) Who, with the intent to usurp or override a lawful military authority, refuses, in concert with another person, to obey an order or otherwise ...
- 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) Runs away. (b) Abandons, surrenders, or delivers up a command, unit, place, or military property which it is the person's duty to defend. (c) ...
- 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. History: 1980, Act 523, Eff. Mar. 31, ...
- 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
(2) A person subject to this code shall be punished as a court-martial directs if the person commits 1 of the following acts: (a) Fails ...
- 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
(a) To secure favorable treatment by the person's captors, act without proper authority in a manner contrary to law, custom, rule, or regulation to the ...
- Signing Or Making False Document Or False Official Statement; Punishment - Mich. Comp. Laws Section 32.1107
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- Loss, Damage, Destruction, Or Unauthorized Sale Or Disposal Of Military Property; Punishment - Mich. Comp. Laws Section 32.1108
(a) Sell or otherwise dispose of military property of the United States or this state. (b) Willfully or negligently damage, destroy, or lose military property ...
- Wasting, Spoiling, Or Destroying Property; Punishment - Mich. Comp. Laws Section 32.1109
(2) A person who violates this section shall be punished as a court-martial directs. History: Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- 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
(a) Under the influence of intoxicating liquor or a controlled substance while in uniform and on military property. (b) Under the influence of intoxicating liquor ...
- 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
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- 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
(2) A person who violates this section is punishable as a court-martial directs. History: Add. 2005, Act 186, Imd. Eff. Oct. 27, 2005 ...
- 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
(a) Knowing the claim to be false or fraudulent, make a claim against the United States, this state, or an officer of the United States ...
- 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
(2) A person who violates subsection (1) shall be punished by a general, special, or summary court-martial as determined by the nature and degree of ...
- 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 other ...
- 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 justice, ...
- 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 this ...
- 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 service ...
- 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 court. ...
- 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 SS 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. History: 1980, ...
Last modified: January 3, 2008
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