As used in this chapter and ORS 396.120, 396.145, 399.205 and 399.515, unless the context requires otherwise:
(1) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, or any other person who has an interest other than an official interest in the prosecution of the accused.
(2) “Active state duty” means full-time duty in the active military service of the state under an order of the Governor issued under authority vested in the Governor by law, and includes travel to and from such duty. The term “active state duty” also includes all Oregon National Guard personnel serving on active duty under Title 32 U.S.C. 502 (f).
(3) “Commanding officer” includes only commissioned officers in positions of command.
(4) “Commissioned officer” includes a commissioned warrant officer.
(5) “Component” includes the Army National Guard, the Air National Guard and the Oregon State Defense Force.
(6) “Confining authority” means the Governor, a military court or a convening authority or commanding officer designated by the Adjutant General.
(7) “Convening authority” means a person authorized under this chapter to convene a court-martial.
(8) “Duty status other than active state duty” means any drill periods and such other training or service, other than active state duty, as may be required under state or federal laws, regulations or orders, and travel to and from such duty.
(9) “Enlisted member” means a person in an enlisted grade.
(10) “Grade” means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(11) “Judge advocate” means the State Judge Advocate or an Assistant State Judge Advocate.
(12) “Military” refers to any or all of the armed forces.
(13) “Military court” means a court-martial, a court of inquiry or a provost court.
(14) “Military judge” means an official of a general or special court-martial detailed in accordance with ORS 398.135.
(15) “Officer” means commissioned or warrant officer.
(16) “Organized militia” means the organized militia described in ORS 396.105.
(17) “Rank” means the order of precedence among members of the armed forces.
(18) “Record,” when used in connection with the proceedings of a court-martial, means:
(a) An official written transcript, written summary or other writing relating to the proceedings; or
(b) An official audiotape, videotape or similar material from which sound or sound and visual images depicting the proceedings may be reproduced.
(19) “State Judge Advocate” means the commissioned officer responsible for supervising the administration of military justice and general military legal matters in the organized militia.
(20) “Superior commissioned officer” means a commissioned officer superior in rank or command.
(21) “Uniform Code of Military Justice” means chapter 47 (commencing with section 801) of Title 10 of the United States Code and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, 1984 (Executive Order 12473 of July 13, 1984, as amended). [1961 c.454 §78; 1975 c.719 §1; 1985 c.682 §14; 1989 c.361 §5; 2005 c.512 §5]
Section: 398.002 398.004 398.006 398.008 398.010 398.012 398.014 398.052 398.054 398.056 398.058 398.060 398.062 398.064 398.065 NextLast modified: August 7, 2008