MCL - Index of Act 523 of 1980

NOTE: Dates reflect any modification to item, not necessarily a change in law.

Title	Subject
Act 523 of 1980	MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (32.1001 - 32.1148)
523-1980-1	ARTICLE 1 (32.1001...32.1006a)
Section 32.1001	Short title.
Section 32.1002	Definitions.
Section 32.1003	Applicability; subject matter jurisdiction; convening and holding courts-martial and courts of inquiry out of state; offenses committed out of state; trial and punishment.
Section 32.1004	Relieving person from trial by court-martial; limitation; trial by court-martial of person charged with fraudulently obtaining discharge; effect of conviction.
Section 32.1005	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.
Section 32.1006	State staff judge advocate; appointment; eligibility; inspections; communications; individual acting in court-martial case prohibited from acting as staff judge advocate or judge advocate to, or as a member of, reviewing authority or military appeals tribunal on same case.
Section 32.1006a	Victim rights; designation of representative; construction of section; appeals; procedures and protections; victim interviews.
523-1980-2	ARTICLE 2 (32.1007...32.1014)
Section 32.1007	Persons authorized to apprehend persons subject to code; fees or charges.
Section 32.1008	Apprehension of person charged with violation by civil law enforcement officer.
Section 32.1009	"Arrest" defined; arrest by military superior; probable cause; authority to secure custody of alleged offender not limited.
Section 32.1010	Arrest or confinement; warrant of arrest; service; place of confinement.
Section 32.1011	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.
Section 32.1013	Bail.
Section 32.1014	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.
523-1980-3	ARTICLE 3 (32.1015...32.1015)
Section 32.1015	Disciplinary punishment for minor offense; 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.
523-1980-4	ARTICLE 4 (32.1016...32.1021)
Section 32.1016	Kinds of courts-martial.
Section 32.1017	Michigan Army National Guard and Michigan Air National Guard; court-marital jurisdiction.
Section 32.1018	General court-martial; jurisdiction; powers of punishment.
Section 32.1019	Special court-martial; jurisdiction; powers of punishment.
Section 32.1020	Summary court-martial; jurisdiction; objection by accused; powers of punishment.
Section 32.1021	Repealed. 2024, Act 77, Imd. Eff. July 8, 2024.
523-1980-5	ARTICLE 5 (32.1022...32.1029)
Section 32.1022	General court-martial; convening by order of governor or state adjutant general.
Section 32.1023	Special court-martial; convening authority.
Section 32.1024	Summary court-martial; convening authority.
Section 32.1025	Members for courts-martial; selection; eligibility; qualifications.
Section 32.1026	General or special court-martial; military judge; requirements; powers and duties.
Section 32.1027	General and special court-martial; trial counsel and defense counsel; assistants.
Section 32.1028	General or special court-martial; court reporters; interpreters.
Section 32.1029	General or special court-martial; members not to be absent or excused after arraignment; exceptions; reduction of membership below specified number; procedure.
523-1980-6	ARTICLE 6 (32.1030...32.1035)
Section 32.1030	Preferring charges and specifications; signature; oath; disposition; informing accused of charges.
Section 32.1030a	Appointment of military judge; proceedings; procedures and limitations; referral.
Section 32.1031	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.
Section 32.1032	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.
Section 32.1033	Officer exercising special court-martial jurisdiction over accused to forward charges to governor; report.
Section 32.1034	Convening authority to refer charge to state staff judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and changes in charges or specifications.
Section 32.1035	Service of charges upon accused; person not to be brought to trial within specified time period.
523-1980-7	ARTICLE 7 (32.1036...32.1054)
Section 32.1036	Application of Military Rules of Evidence and Rules for Courts-Martial to proceedings; promulgation of supplemental regulations.
Section 32.1037	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.
Section 32.1038	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.
Section 32.1038a	Accused rights; request for representation.
Section 32.1039	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.
Section 32.1040	Continuances.
Section 32.1041	Challenges for cause and peremptory challenges.
Section 32.1042	Persons required to take oath or affirmation in presence of accused; examination of witnesses on oath or affirmation.
Section 32.1043	Trial and punishment; limitations; computation of time period.
Section 32.1044	Trial of accused twice for same offense prohibited.
Section 32.1045	Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea.
Section 32.1046	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.
Section 32.1047	Offenses against state; compliance with subpoena; attendance, qualification, and testifying as witness; production of evidence; trial; jurisdiction; punishment.
Section 32.1048	Military court; contempt power; punishment.
Section 32.1049	Depositions.
Section 32.1050	Reading in evidence sworn testimony of person whose oral testimony not obtainable; conditions.
Section 32.1050a	Lack of mental responsibility as affirmative defense.
Section 32.1051	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.
Section 32.1052	Conviction and sentence; concurrence of 3/4 of members present required; determination of questions by majority vote or lesser vote; tie vote.
Section 32.1053	Announcement by court-martial of findings and sentence.
Section 32.1054	Record of proceedings; authentication; contents; filing original and copies of trial record.
523-1980-8	ARTICLE 8 (32.1055...32.1058b)
Section 32.1055	Cruel or unusual punishment prohibited; use of irons prohibited; exception.
Section 32.1056	Punishment and sentence; limits.
Section 32.1057	Sentence; forfeiture of pay or allowances; confinement; effective date; deferring service of sentence to confinement by governor; termination and rescission of deferment.
Section 32.1058	Sentence of confinement; execution; discipline and treatment to which imprisoned individual subject; omission of words “hard labor” from sentence; duty of keeper or officer in charge of county jail to receive or confine prisoner; proceeds of fines; costs of prosecution.
Section 32.1058a	Court-martial sentence; reduction of pay grade.
Section 32.1058b	Court-martial sentence; confinement; forfeiture of pay and allowance; waiver.
523-1980-9	ARTICLE 9 (32.1060...32.1075)
Section 32.1060	Forwarding record to convening authority as reviewing authority; exception; action on record.
Section 32.1061	Referring record to state staff judge advocate; review and opinion.
Section 32.1062	Returning record to court for action; reasons.
Section 32.1063	Disapproval by convening authority of findings and sentence; reasons; rehearing; dismissal of charges; sentence.
Section 32.1064	Approval by convening authority of findings of guilty and sentence; approval of sentence as approval of findings.
Section 32.1065	Finality of action on review of trial record; authority of governor or state staff judge advocate in reviewable cases; instructing convening authority to take action pursuant to state staff judge advocate's decision or review; 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.
Section 32.1066	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.
Section 32.1067	Military appeals tribunal; establishment; location; appointment, reappointment, and terms of members; eligibility; appointment and duties of chairperson; quorum; 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 staff judge advocate; further action.
Section 32.1068	Appeal from final decision of military appeals tribunal.
Section 32.1070	Trial counsel and defense counsel to serve as appellate counsel; right to civilian counsel; disability of defense or trial counsel.
Section 32.1071	Execution of sentence; approval; suspension.
Section 32.1072	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.
Section 32.1073	Petition for new trial; grounds; time limitation.
Section 32.1074	Remitting or suspending part or amount of unexecuted sentence; substituting administrative form of discharge for dishonorable discharge or dismissal.
Section 32.1075	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.
523-1980-10	ARTICLE 10 (32.1077...32.1134d)
Section 32.1077	Person subject to code as principal.
Section 32.1078	Receiving, comforting, or assisting offender; punishment.
Section 32.1079	Finding accused guilty of offense necessarily included in offense charged or of attempt to commit offense charged or offense necessarily included in offense charged.
Section 32.1080	Attempt to commit offense; punishment; conviction of attempt where offense completed.
Section 32.1081	Conspiracy; punishment.
Section 32.1082	Soliciting or advising another to desert, mutiny, or commit act of misbehavior before enemy or sedition; punishment.
Section 32.1083	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.
Section 32.1084	Effecting enlistment, appointment, or separation of person known to be ineligible; punishment.
Section 32.1085	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.
Section 32.1086	Failure to go to, or going or remaining absent from, place of duty; punishment.
Section 32.1087	Missing movement of ship, train, bus, motor convoy, vehicle, airplane, or unit; punishment.
Section 32.1088	Use of contemptuous words; prohibition; violation.
Section 32.1089	Disrespect toward superior commissioned officer; punishment.
Section 32.1090	Striking, drawing or lifting up weapon, or offering violence against superior commissioned officer; wilful disobedience of lawful command; punishment.
Section 32.1091	Prohibited acts by warrant officer or enlisted person; punishment.
Section 32.1092	Violating or failing to obey lawful order, rule, or regulation; dereliction in performance of duties; punishment.
Section 32.1093	Cruelty toward or oppression or maltreatment of person subject to person's orders; punishment.
Section 32.1093a	Prohibited sexual activity; military recruit or protected juvenile member; punishment; definitions.
Section 32.1094	Mutiny, sedition, or failure to suppress or report mutiny or sedition; punishment.
Section 32.1095	Resisting apprehension, breaking arrest, or escaping from custody or confinement; punishment.
Section 32.1096	Releasing prisoner or permitting prisoner to escape; punishment.
Section 32.1097	Wrongful apprehension, arrest, or confinement of person; punishment.
Section 32.1098	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.
Section 32.1099	Prohibited acts committed before or in presence of enemy, in peacetime emergency, or civil disturbance; punishment.
Section 32.1100	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.
Section 32.1101	Disclosure of countersign or giving different countersign during declared state of emergency; punishment.
Section 32.1102	Forcing a safeguard; punishment.
Section 32.1103	Securing public property taken in performance of duty; giving notice and turning over to proper authority captured or abandoned property; prohibited acts; punishment.
Section 32.1104	Aiding or attempting to aid enemy; harboring, protecting, or giving intelligence to, or communicating, corresponding, or holding intercourse with, enemy; punishment.
Section 32.1105	Prohibited acts committed while in hands of captor during declared state of emergency or civil disturbance; punishment.
Section 32.1106	Impersonation of an officer; punishment.
Section 32.1106a	Unauthorized wearing of insignia, decoration, badge, ribbon, device or lapel button; punishment.
Section 32.1107	Signing or making false document or false official statement; punishment.
Section 32.1108	Loss, damage, destruction, or unauthorized sale or disposal of military property; punishment.
Section 32.1109	Wasting, spoiling, or destroying property; punishment.
Section 32.1111	Operation of military vehicle or aircraft while under influence of intoxicating liquor in reckless or wanton manner or without authority; punishment.
Section 32.1112	Person found under influence of intoxicating liquor or controlled substance while in uniform or on state military property; punishment.
Section 32.1112a	Wrongful use, possession, manufacturing distribution, importation, exportation, or introduction of controlled substances; punishment.
Section 32.1113	Sentinel or guard found under influence of intoxicating liquor or controlled substance or sleeping upon post; leaving post before being relieved; punishment.
Section 32.1114	Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 32.1115	Feigning illness, physical disablement, mental lapse, or derangement, or intentionally inflicting self-injury to avoid work, duty, or service; punishment.
Section 32.1116	Causing or participating in riot or breach of peace; punishment.
Section 32.1117	Using provoking or reproachful words or gestures while in duty status; punishment.
Section 32.1120	Sexual assault; punishment; "sexual contact" defined.
Section 32.1121	Depriving owner of property or money; larceny; punishment.
Section 32.1121a	Fraudulent use of credit card, debit card, or other access device; punishment; "access device" defined.
Section 32.1121b	Use of false pretenses to obtain services; punishment.
Section 32.1122	Robbery; punishment.
Section 32.1123	Unauthorized use of government computer; punishment; "computer" defined.
Section 32.1128	Assault; punishment.
Section 32.1131	Giving false testimony in a proceeding as perjury; punishment.
Section 32.1131a	Subornation of perjury; punishment.
Section 32.1131b	Obstruction of justice; criminal or disciplinary proceedings; punishment.
Section 32.1131c	Obstruction of justice; adverse administrative proceeding; punishment.
Section 32.1132	Making false claims; prohibited acts; punishment.
Section 32.1132a	Retaliation; punishment; definitions.
Section 32.1133	Conduct unbecoming an officer; conviction; punishment.
Section 32.1134	Cognizance by court-martial of a disorder or neglect to prejudice of good order and discipline; punishment.
Section 32.1134a	Drunk and disorderly conduct; punishment.
Section 32.1134b	Extramarital conduct; punishment; "extramarital conduct" defined.
Section 32.1134c	Furnishing alcoholic liquor to minor; punishment; "alcoholic liquor" and "minor" defined.
Section 32.1134d	Sexual harassment; punishment.
523-1980-11	ARTICLE 11 (32.1135...32.1148)
Section 32.1135	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.
Section 32.1136	Officers having power to administer oaths; affidavits; signature and title of office as prima facie evidence of officer's authority.
Section 32.1137	Sections to be explained to enlisted person; availability of code and rules.
Section 32.1138	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.
Section 32.1139	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.
Section 32.1140	Delegation and subdelegation of authority vested in governor.
Section 32.1141	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.
Section 32.1142	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.
Section 32.1143	Jurisdiction of military courts and board; presumption; burden of proof.
Section 32.1144	Appointing and removing person or persons to execute or serve process, mandate, or order.
Section 32.1145	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.
Section 32.1146	Fine; payment; delivery; deduction from pay or allowance due delinquent offender; payment of fine or penalty to state treasurer.
Section 32.1147	Rules.
Section 32.1148	Repeal of MCL 32.301 to 32.427.