HB 4638, As Passed Senate

HB-4638, As Passed Senate, October 12, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4638

A bill to amend 1980 PA 523, entitled

"Michigan code of military justice of 1980,"

by amending sections 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27,

29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132, and

134 (MCL 32.1002, 32.1003, 32.1004, 32.1007, 32.1008, 32.1009,

32.1013, 32.1014, 32.1015, 32.1016, 32.1025, 32.1026, 32.1027,

32.1029, 32.1080, 32.1084, 32.1085, 32.1092, 32.1094, 32.1099,

32.1103, 32.1105, 32.1107, 32.1108, 32.1112, 32.1113, 32.1132, and

32.1134), section 16 as amended by 1990 PA 300, and by adding

sections 50a, 88, 109, and 121.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(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 a person who has an interest other than an official

interest in the prosecution of the accused.

(b) "Active service" means service, active state service, or

special duty required by law, regulation, or order of the governor.

Active service includes the continuing obligations of active

members of the national guard and the defense force by virtue of

their commissions, appointments, or enlistments.

training, or special call up duty in the state military forces and

includes travel to and from the duty site or station.

(d) "Active state service" means military service in support

of civil authorities ordered by the governor or as provided by the

Michigan military act.

(e) "Apprehension" means the taking of a person into custody.

(f) ~~(c)~~ "Commanding officer" includes only a commissioned

officer.

(g) "Confinement" means the physical restraint of a person.

(h) "Controlled substance" means opium, heroin, cocaine,

amphetamine, lysergic acid diethylamide, methamphetamine,

phencyclidine, barbituric acid, marihuana, any compound or

derivative of any such substance, and any other substance that is

listed in schedules I through V of section 202 of the controlled

substances act, 21 USC 812, including any subsequent amendments

thereto.

(i) "Correctional custody" means the physical restraint of a

person during duty or nonduty while on active state duty and

includes extra duty, fatigue duty, or hard labor.

(j) ~~(d)~~ "Enlisted member" means a person in an enlisted

grade.

(k) "Federal service" means military duty in the armed forces

of the United States, including, without limitation, the army

national guard of the United States and the air national guard of

the United States, while subject to the uniform code of military

justice, 10 USC, 801 to 946.

(l) ~~(e)~~ "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 rule.

(m) ~~(f)~~ "Judge advocate" means an officer ~~of the judge~~

~~advocate general's corps~~ who is designated as a judge advocate by

the state judge advocate general.

(n) ~~(g)~~ "Military" includes each armed force of the United

States and each component of the state military establishment.

(o) ~~(h)~~ "Military court" means a court-martial, a court of

inquiry, or the military appeals tribunal.

(p) ~~(i)~~ "Military judge" means a judge advocate designated

as a military judge by the state judge advocate general or an

official of a general or special court-martial ~~detailed~~ appointed

pursuant to section 26.

(q) "Minor offense" means an offense under a punitive section

of this act that a commanding officer considers minor.

(r) ~~(j)~~ "Officer" means a commissioned or warrant officer.

(s) ~~(k)~~ "Staff judge advocate" means the commissioned

officer responsible for supervising the administration of military

justice within a command.

(t) (l) "State judge advocate general" means the

commissioned officer responsible for supervising the administration

of the military justice in the state military forces.

(u) ~~(m)~~ "State military forces" means the national guard of

the state, as defined in ~~70A Stat. 596,~~ 32 ~~U.S.C.~~ USC 101(3), and

any other military force organized under the laws of the state.

(v) ~~(n)~~ "Summary court officer" means an official ~~detailed~~

appointed pursuant to section 16(c) who is authorized to serve

warrants.

(w) ~~(o)~~ "Superior commissioned officer" means a

commissioned officer superior in rank or command.

(x) "Unit" means a regularly organized body of the military

that is not larger than a company or squadron.

Sec. 3. (1) This code ~~shall apply~~ applies to all members of

the ~~Michigan~~ ~~national guard while on active state~~ ~~duty~~ state

military forces when not in federal service, and to all other

persons lawfully called, ordered, drafted, transferred or inducted

into, or ordered to duty in or with the state military forces, from

the date they are required by the terms of the call, order, or

other directive. Persons subject to this code shall include all

persons serving in the state military forces pursuant to title 32

of the United States Code and all persons of the state military

forces in active service.

(2) This code ~~shall apply~~ applies to a person subject to

this code while serving out of state and while going to and

returning from the service out of state to the same extent as a

person serving within the state.

(3) Courts-martial and courts of inquiry may be convened and

held in units of the state military forces while serving out of

state with the same jurisdiction and powers as if held within the

state. Offenses committed out of state may be tried and punished

either out of state or within the state.

Sec. 4. (1) Subject to the limitation of actions under section

43, a person ~~charged with having committed, while in a status in~~

~~which the person was subject to this act, an offense under this~~

~~code may be relieved from amenability to trial by court-martial by~~

~~reason of the termination of the status~~ who is subject to this

code and charged with an offense under this code is not relieved

from a trial by court-martial because his or her military service

is terminated.

(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 section 43, is subject to trial by

court-martial on that charge and is, after apprehension, subject to

this code while in the custody of the military for that trial. Upon

conviction of fraudulently obtaining a discharge, the person is

subject to trial by court-martial for an offense under this code

committed before the fraudulent discharge.

Sec. 7. ~~(1) For purposes of this section, "apprehension"~~

~~means the taking of a person into custody.~~

(1) ~~(2)~~ 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 appointed pursuant to this code, or a law

enforcement officer of this state or a political subdivision of

this state may apprehend a person subject to this code upon

reasonable belief that an offense under this code has been

committed and that the person apprehended committed the offense.

(2) ~~(3)~~ Each commissioned officer, warrant officer, and

noncommissioned officer is authorized to quell quarrels, frays, or

disorders among persons subject to this code and to apprehend

persons subject to this code who take part in a quarrel, fray, or

disorder.

(3) ~~(4)~~ Except as otherwise specifically provided in this

code, a civil law enforcement officer or marshal of a court-martial

shall not demand or require payment of a fee or charge of any

nature for apprehending or placing in confinement a person subject

to this code.

Sec. 8. A civil law enforcement officer ~~having authority~~

~~under the laws~~ of this state ~~to apprehend offenders of this code~~

may apprehend a person charged with the violation of section 85 and

deliver the person into the custody of the state military forces.

Sec. 9. (1) As used in this section, ~~: (a) "Arrest"~~ "arrest"

means the restraint of a person by an order not imposed as a

punishment for an offense, directing the person to remain within

certain specified limits.

~~(b) "Confinement" means the physical restraint of a person.~~

(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 by his or her military superior.

(3) A person shall not be ordered into arrest or confinement

except ~~for~~ upon probable cause.

(4) This section ~~shall~~ does not limit the authority of a

person authorized to apprehend an offender of this code to secure

the custody of an alleged offender until the proper authority is

notified.

Sec. 13. (1) Except as provided in section 15 of article 1 I

of the state constitution of 1963, ~~all offenses~~ a person charged

with a violation under this code ~~are bailable~~ is entitled to

bail.

(2) Before ~~conviction~~ trial, a person ~~shall be bailable as~~

is entitled to bail in an amount determined by the military judge.

(3) The amount of bail shall not be excessive, and the

military judge shall consider all of the following:

~~(a) Not excessive.~~

(a) ~~(b) Commensurate with the~~ The nature of the offense

charged.

(b) ~~(c) Considerate of the~~ The past conduct of the accused.

accused.

Sec. 14. (1) It is the intent of the legislature that trial by

court-martial ~~shall~~ be limited to the ~~military offenses~~

violations defined in ~~sections 77 to 134~~ article 10.

(2) A person subject to this code who is on active state duty

and who is accused of an a criminal offense against civil

authority shall be delivered, upon request, to the civil authority

for trial.

(3) If delivery is made to a civil authority of a person

undergoing sentence of a court-martial , and the delivery, if

followed by conviction in a civil tribunal, interrupts the

execution of the sentence of the court-martial, the offender, after

having answered to the civil authorities for the offense , and

upon the request of competent military authority, shall be returned

to military custody for the completion of his or her sentence.

Sec. 15. ~~(1) As used in this section:~~

~~(a) "Correctional custody" means the physical restraint of a~~

~~person during duty or nonduty hours while on active state duty and~~

~~may include extra duties, fatigue duty, or hard labor.~~

~~(b) "Minor offense" means an offense under the punitive~~

~~sections of this act which in the discretion of the commanding~~

~~officer is minor.~~

~~(2) The authority provided in this section may be limited by a~~

~~rule promulgated by the adjutant general pursuant to section 147.~~

(1) ~~(3) A~~ Under regulations issued pursuant to this act, a

commanding officer, in addition to or instead of an admonition or

reprimand, may impose ~~1 of the following~~ disciplinary

~~punishments~~ punishment for a minor ~~offenses~~ offense on an

officer under ~~the commanding officer's~~ his or her command without

the intervention of a court-martial with 1 of the following:

(a) Restrictions to certain specified limits, with or without

suspension from duty, for not more than 15 consecutive active state

duty days.

(b) If imposed by an officer exercising general court-martial

jurisdiction or an officer of general or flag rank in command:

(i) Arrest in quarters for not more than 15 consecutive active

state duty days.

(ii) Forfeiture of not more than 1/2 of 1 month's pay per month

for 2 months.

(iii) Restrictions to certain specified limits with or without

suspension from duty, for not more than 15 consecutive ~~active~~

~~state~~ duty days.

(iv~~) Detention of not more than 1/2 of 1 month's pay per month~~

~~for 3 months.~~

~~(4) Except as provided in subsection (2), a commanding~~

~~officer, in addition to or instead of an admonition or reprimand,~~

~~may impose 1 of the following disciplinary punishments for minor~~

~~offenses upon personnel, other than an officer, under the~~

~~commanding officer's command without the intervention of a court-~~

~~martial:~~

~~(a) Correctional custody for not more than 7 consecutive~~

~~active state duty days.~~

~~(b) Forfeiture of not more than 7 active state duty days' pay.~~

~~(c) Reduction to the next inferior pay grade, if the grade~~

~~from which demoted is within the promotion authority of the officer~~

~~imposing the reduction or an officer subordinate to the officer who~~

~~imposes the reduction.~~

~~(d) Extra duties, including fatigue or other duties for not~~

~~more than 14 consecutive active state duty days, and not more than~~

~~2 hours per day.~~

~~(e) Restriction to certain specified limits, with or without~~

~~suspension from duty, for not more than 14 consecutive active state~~

~~duty days.~~

~~(f) Detention of not more than 14 days' pay.~~

~~(g) If imposed by an officer of the grade of major or above:~~

(i~~) Correctional custody for not more than 15 consecutive~~

~~active state duty days.~~

(ii~~) Forfeiture of not more than 1/2 of 1 month's pay per month~~

~~for 2 months.~~

(~~iii~~~~) Reduction to the lowest or an intermediate pay grade, if~~

~~the grade from which demoted is within the promotion authority of~~

~~the officer imposing the reduction or an officer subordinate to the~~

~~1 who imposes the reduction, except that an enlisted member in a~~

~~pay grade above E-4 may not be reduced more than 2 pay grades.~~

(iv~~) Extra duties, including fatigue or other duties, for not~~

~~more than 15 consecutive active state duty days.~~

(v~~) Restrictions to certain specified limits, with or without~~

~~suspension from duty, for not more than 15 consecutive active state~~

~~duty days.~~

(vi~~) Detention of not more than 1/2 of 1 month's pay per month~~

~~for 3 months.~~

or more of the following:

(i) Correctional custody for not more than 7 consecutive duty

days.

(ii) Forfeiture of not more than 7 duty days' pay.

(iii) Reduction to the next inferior pay grade, if the grade

from which the person is demoted is within the promotion authority

of the officer imposing the reduction or an officer subordinate to

the officer who imposes the reduction.

(iv) Extra duties, including fatigue or other duties for not

more than 15 consecutive duty days and not more than 2 hours per

day.

(v) Restrictions to certain specified limits, with or without

suspension from duty, for not more than 15 consecutive duty days.

(d) If imposed by an officer of the grade of major or above

upon other military personnel under his or her command:

(i) Correctional custody for not more than 15 consecutive duty

days.

(ii) Forfeiture of not more than 15 duty days' pay.

(iii) Reduction to the lowest or an intermediate pay grade, if

the grade from which demoted is within the promotion authority of

the officer imposing the reduction or the officer imposing the

reduction is a brigade, wing, base, or post commander, except that

an enlisted member in a pay grade above E4 may not be reduced more

than 2 pay grades.

(iv) Extra duties, including fatigue or other duties, for not

more than 15 consecutive duty days.

(v) Restrictions to certain specified limits, with or without

suspension from duty, for not more than 15 consecutive duty days.

(2) ~~(5)~~ Two or more disciplinary punishments of arrest in

quarters, correctional custody, extra duties, and restriction shall

not be combined to run consecutively in the maximum amount imposed

for each. If any of those punishments are combined to run

consecutively, ~~there shall be an apportionment. In addition,~~

~~forfeiture of pay shall not be combined with detention of pay~~

~~without an apportionment.~~ the commanding officer shall apportion

the punishment.

(3) ~~(6)~~ If practicable, correctional custody shall not be

served in immediate association with persons awaiting trial or held

in confinement pursuant to trial by court-martial.

(4) ~~(7)~~ An officer in charge may impose upon an enlisted

member assigned to the unit of which the officer is in charge a

punishment authorized under subsection ~~(4)(a) to (f)~~ (1)(c) as

the adjutant general concerned may specifically prescribe by rule.

(5) ~~(8)~~ The officer who imposes the punishment authorized in

subsection ~~(7)~~ (4), or the officer's successor in command, may

suspend probationally any part or amount of the unexecuted

punishment imposed and may suspend probationally a reduction in

grade or a forfeiture imposed under subsection ~~(7)~~ (4), whether

or not executed. In addition, the officer may remit or mitigate any

part or amount of the unexecuted punishment imposed and may set

aside in whole or in part the punishment, whether executed or

unexecuted, and restore all rights, privileges, and property

affected. The officer also may mitigate reduction in grade to

forfeiture or detention of pay.

(6) ~~(9)~~ When mitigating arrest in quarters to restriction,

correctional custody to extra duties or restriction, or both, or

extra duties to restrictions, the mitigated punishment shall not be

for a greater period than the punishment mitigated. When mitigating

forfeiture of pay to detention of pay, the amount of the detention

shall not be greater than the amount of the forfeiture. ~~When~~

~~mitigating reduction in grade to forfeiture or detention of pay,~~

~~the amount of the forfeiture or detention shall not be greater than~~

~~the amount that could have been imposed initially under this~~

~~section by the officer who imposed the punishment mitigated.~~

(7) ~~(10)~~ A person punished under this section who considers

the punishment received as unjust or disproportionate to the

offense, through the proper channel, may appeal to the next

superior authority. The appeal shall be made not later than 45 days

after the punishment is adjudged. The appeal shall be promptly

forwarded and decided, and the person punished shall not be

required to undergo the punishment adjudged before a decision on

the appeal is rendered. The officer who imposes the punishment, the

officer's successor in command, or superior authority ~~shall have~~

~~power~~ is authorized to suspend, set aside, or remit any part or

amount of the punishment and to restore all rights, privileges, and

property affected. The authority who is to act on the appeal shall

refer the case to a judge advocate for consideration and advice

before acting upon the appeal. ~~However, the authority who is to~~

~~act on the appeal shall refer the case to the state judge advocate~~

~~general or a member of the state judge advocate general's staff for~~

~~indorsement before acting on the appeal. The superior authority may~~

~~exercise the same powers with respect to punishment imposed as may~~

~~be exercised under subsection (8) by the officer who imposed the~~

~~punishment. Before acting on an appeal from a punishment of 1 of~~

~~the following punishments, the authority who is to act on the~~

~~appeal shall refer the case to the state judge advocate general for~~

~~consideration and advice, and may so refer the case upon appeal~~

~~from a punishment imposed under subsection (7):~~

House Bill No. 4638 as amended October 11, 2005

~~(a) Arrest in quarters for more than 7 active state duty days.~~

~~(b) Correctional custody for more than 7 active state duty~~

~~days.~~

~~(c) Forfeiture of more than 7 days' pay.~~

~~(d) Reduction of 1 or more pay grades from the fourth or a~~

~~higher pay grade.~~

~~(e) Extra duties for more than 14 active state duty days.~~

~~(f) Restriction for more than 14 active state duty days.~~

~~(g) Detention of more than 14 days' pay.~~

(8) ~~(11)~~ The imposition and enforcement of disciplinary

punishment under this section for an act or omission is not a bar

to trial by court-martial for a serious crime or offense growing

out of the same act or omission and not properly punishable under

this section. The fact that disciplinary punishment has been

enforced may be shown by the accused upon trial, and when so shown

shall be considered in determining the measure of punishment to be

adjudged in the event of a finding of guilty.

(9) ~~(12)~~ The adjutant general, ~~concerned,~~ by ~~rule~~

regulation, may prescribe the form of records to be kept of

proceedings under this section and may also prescribe that certain

categories of those proceedings shall be in writing.

(10) ~~(13)~~ Before being informed of the disciplinary action

to be taken under this section, the person to be punished ~~shall~~

~~have~~ has the right to demand trial by court-martial for the

offense<<.

(11) ~~(14)~~ If a punishment of forfeiture of pay and allowance

is imposed as provided in this section, the forfeiture may apply to

pay or allowances becoming due on or after the date of the

punishment but shall not apply to pay and allowances accrued before

the date.

Sec. 16. The 3 kinds of courts-martial in the state military

forces are:

(a) General courts-martial, consisting of a military judge and

not less than 5 members; or only a military judge, if before the

court is assembled the accused, knowing the identity of the

military judge and after consultation with defense counsel,

requests in writing a court composed only of the military judge and

the military judge approves.

(b) Special courts-martial consisting of a military judge and

not less than 3 members; or only a military judge, if the accused

under the same conditions as those prescribed in subdivision (a),

requests a court composed only of the military judge.

officer of field grade rank or above who is certified for that duty

by the state judge advocate general and who is not a member of the

accused's unit.

Sec. 25. (1) Members for all courts-martial shall be selected

at random pursuant to regulations issued by the state adjutant

general not inconsistent with this section.

(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 may lawfully be brought before the court-martial for

trial.

(3) A warrant officer on duty with the state military forces

is eligible to serve on general and special courts-martial for the

trial of a person, other than a commissioned officer, who may

lawfully be brought before the court-martial for trial.

(4) An enlisted member of the state military forces who is not

a member of the same unit as the accused is eligible to serve on

general and special courts-martial for the trial of any enlisted

member who may lawfully be brought before the court-martial for

trial, but the enlisted member shall serve as a member of a court

only if, before the convening of the court, the accused personally

requested in writing that enlisted members serve on the court-

martial. After the request, the accused may not be tried by a

general or special courts-martial the membership of which does not

include enlisted members in a number comprising at least 1/3 of the

total membership of the court, unless eligible enlisted members

cannot be obtained on account of physical conditions or military

exigencies. If the members cannot be obtained, the court may be

convened and the trial held without them, but the convening

authority shall make a detailed written statement, to be appended

to the record, stating why enlisted members could not be obtained.

~~In this subsection, "unit" means any regularly organized body of~~

~~the state military forces not larger than a company, a squadron, or~~

~~a body corresponding to a company or squadron.~~

(5) Unless unavoidable, a person subject to this code shall

not be tried by a court-martial which has a member junior to the

person in rank or grade. When convening a court-martial, the

convening authority shall detail as a member of the court-martial a

person who is best qualified for the duty by reason of age,

education, training, experience, length of service, and judicial

temperament. A person is not eligible to serve as a member of a

general or special court-martial if the person is the accuser or a

witness for the prosecution or has acted as investigating officer

or as counsel in the same case.

Sec. 26. (1) The ~~authority~~ person convening a general or

special ~~courts-martial~~ court-martial shall request the state

judge advocate general to ~~detail as~~ appoint a military judge of

~~the court-martial a commissioned officer who is licensed to~~

~~practice law in this state, and who is certified to be qualified~~

~~for duty by the state judge advocate~~ to the general or special

court-martial.

(2) ~~A person is not eligible to act as a military judge in a~~

~~case if the person is the accuser or a witness for the prosecution~~

~~or has acted as investigating officer or a counsel in the same~~

~~case.~~ The state judge advocate general may appoint an assistant

judge advocate to serve as a military judge who is a commissioned

officer, who is licensed to practice law in this state, and who is

certified for that duty by the state judge advocate.

(3) The military judge shall not consult with the members of

the court except in the presence of the accused, trial counsel, and

defense counsel, nor shall the military judge vote with the members

of the court.

(4) The military judge shall rule finally on all matters of

law, rule finally on all motions, and except as otherwise provided,

decide all other questions raised at the trial of the accused.

Sec. 27. (1) For each general and special court-martial, the

authority convening the court shall request the state judge

advocate to detail trial counsel and defense counsel, and those

assistants as the convening authority considers appropriate. A

person who has acted as investigating officer, military judge, or

court member in any case shall not act later as trial counsel,

assistant trial counsel, or, unless expressly requested by the

accused, as defense counsel or assistant defense counsel in the

same case. A person who has acted for the prosecution shall not act

later in the same case for the defense, nor shall a person who has

acted for the defense act later in the same case for the

prosecution.

(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 as competent to perform those duties by

the state judge advocate general.

Sec. 29. (1) A member of a general or special courts-martial

shall not be absent or excused after the accused has been arraigned

except for physical disability or as a result of a challenge or by

order of the convening authority for good cause.

(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 to provide not less than 5 members.

When the new members have been sworn, the trial may proceed after

the recorded testimony of each witness previously examined has been

read to the court-martial in the presence of the ~~law officer~~

military judge, the accused, and counsel.

(3) If a special court-martial is reduced below 3 members, the

trial may not proceed unless the convening authority appoints new

members sufficient in number to provide not less than 3 members.

When the new members have been sworn, the trial shall proceed as if

no evidence had previously been introduced, unless a verbatim

record of the testimony of previously examined witnesses or a

stipulation of that testimony is read to the court-martial in the

presence of the accused and counsel.

Sec. 50a. (1) It is an affirmative defense in a trial by

court-martial that, at the time of the commission of the acts

constituting the offense, the accused, as a result of a severe

mental disease or defect, was unable to appreciate the nature and

quality or the wrongfulness of the acts and therefore lacked mental

responsibility. Mental disease or defect does not otherwise

constitute a defense.

(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 lack of mental responsibility of the accused with

respect to an offense is properly at issue, the military judge, or

the president of a court-martial without a military judge, shall

instruct the members of the court as to the defense of lack of

mental responsibility under this section and shall charge them to

find the accused 1 of the following:

(a) Guilty.

(b) Not guilty.

responsibility.

(4) Notwithstanding section 52, the accused shall be found not

guilty only by reason of lack of mental responsibility if a

majority of the members of the court-martial present at the time

the vote is taken determine that the defense of lack of mental

responsibility had been established or, in the case of a court-

martial composed of a military judge only, the military judge

determines that the defense of lack of mental responsibility has

been established.

Sec. 80. (1) An act, done with the specific intent to commit

an offense under this code, amounting to more than mere

preparation, even though failing to effect its commission, is an

attempt to commit that offense.

(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 otherwise specifically prescribed.

(3) A person subject to this code may be convicted of an

attempt to commit an offense ~~although~~ even if it appears on the

trial from evidence presented at the trial or from a guilty plea

that the offense was ~~consummated~~ complete.

Sec. 84. A person subject to this code who effects an

enlistment or appointment in or a separation from the state

military forces of a person who is known to that person to be

ineligible for the enlistment, appointment, or separation because

it is prohibited by law, rule, regulation, or order shall be

punished as a court-martial directs.

Sec. 85. (1) A member of the state military forces is guilty

of desertion if the member commits 1 of the following acts:

(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) Quits his or her unit, organization, or place of duty with

intent to avoid hazardous duty or to shirk important service.

the state military forces, enlists or accepts an appointment in the

same or another state military force without fully disclosing the

fact that he or she has not been regularly separated.

(2) Notwithstanding subsection (1), a member of the state

military forces shall not be, in time of peace or order, prohibited

from accepting bona fide employment in another state or ~~leave~~

leaving the boundaries of this state in pursuance of a vocation,

education, or profession , if before so doing , the member

fully informs the member's commanding officer of the absence from

the state and the reasons for the absence. However, the commanding

officer may waive this requirement.

(3) An officer of the state military forces who, having

tendered his or her resignation and before due notice of the

acceptance of the resignation, quits his or her post or proper

duties without leave and with intent to remain away permanently ,

is guilty of desertion.

(4) A person found guilty of desertion ~~or attempted desertion~~

shall be punished as a court-martial directs.

Sec. 88. (1) A person subject to this act shall not use

contemptuous words against the president, vice president, congress,

secretary of defense, a secretary of a military department, the

director of the Michigan department of military and veterans

affairs, or the governor or the legislature of this state while he

or she is on duty, or against the governor or the legislature of

any other state, territory, commonwealth, or possession while he or

she is on duty and present in that state, territory, commonwealth,

or possession.

(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 constitutional immunities within this state.

Sec. 92. A person subject to this code shall be punished as a

court-martial directs if the person commits 1 of the following

acts:

(a) Violates or fails to obey a lawful general order, or

rule, or regulation.

(b) Having knowledge of a lawful order issued by a member of

the armed forces which it is the person's duty to obey, fails to

obey that order.

Sec. 94. (1) A person subject to this code:

(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 do his or her duty or creates any

violence or disturbance is guilty of mutiny.

(b) Who, with the intent to cause the overthrow or destruction

of a lawful civil authority, creates, in concert with another

person, revolt, violence, or other disturbance against that

authority is guilty of sedition.

offense of mutiny or sedition being committed in the person's

presence , or fails to take all reasonable means to inform a

superior officer or commanding officer of an offense of mutiny or

sedition which the person knows of or has reason to believe is

taking place is guilty of a failure to suppress or report a mutiny

or sedition.

(2) A person who is found guilty of attempted mutiny, mutiny,

sedition, or failure to suppress or report a mutiny or sedition

shall be punished as a court-martial directs.

Sec. 99. A person subject to this code who before or in the

presence of the enemy or during the performance of duty in a

peacetime emergency or civil disturbance operation commits 1 of the

following acts shall be punished as a court-martial directs:

(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.

endangers the safety of a command, unit, place, or military

property.

(d) Casts away arms or ammunition.

(e) Is guilty of cowardly conduct.

(f) Quits a place of duty to plunder or pillage.

(g) Causes false alarms in a command, unit, or place under the

control of the armed forces of the United States, the state

military forces, or the military forces of any other state or

territory.

(h) ~~Wilfully~~ Willfully fails to do the person's utmost to

encounter, engage, capture, or destroy enemy troops, combatants,

vessels, aircraft, or any other thing which it is the person's duty

to encounter, engage, capture, or destroy.

(i) Does not afford all practicable relief and assistance to

troops, combatants, vessels, or aircraft of the armed forces

belonging to the United States, to their allies, or to any other

state or to the state military forces if engaged in battle.

(j) Willfully fails to do his or her utmost to suppress civil

disturbance while engaged in an emergency response operation.

Sec. 103. (1) A person subject to this code shall secure all

public property taken in the ~~course of active state~~ performance

of his or her duty and shall give notice and turn over to the

proper authority without delay all captured or abandoned property

in the person's possession, custody, or control.

(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 to carry out the duties prescribed in subsection

(1).

(b) Buys, sells, trades, or in any way deals in or disposes of

captured or abandoned property, from which the person receives or

expects a profit, benefit, or advantage to the person or another

directly or indirectly connected with the person.

Sec. 105. (1) A person subject to this code who, while in the

hands of ~~the enemy~~ a captor in time of declared state emergency,

~~commits 1 of the following acts shall be punished as a court-~~

~~martial directs~~ or civil disturbance emergency shall not do any of

the following:

(a) ~~For the purpose of securing~~ To secure favorable

treatment by the person's captors, ~~acts~~ act without proper

authority in a manner contrary to law, custom, or rule, or

regulation to the detriment of others. ~~of whatever nationality~~

~~held by the enemy as civilian or military prisoners.~~

(b) While in a position of authority over those persons,

~~maltreats~~ maltreat them without justifiable cause.

(2) A person who violates this section shall be punished as a

court-martial directs.

Sec. 107. A person subject to this code who, with the intent

to deceive, signs a false record, return, rule, order, or other

official document, knowing the document to be false, or makes any

other false ~~document knowing the document to be false, or other~~

~~false~~ official statement knowing the statement to be false shall

be punished as a court-martial directs.

Sec. 108. (1) A person subject to this code ~~who, without~~

~~proper authority sells or otherwise disposes of; wilfully or~~

~~through neglect damages, destroys, or loses; or wilfully or through~~

~~neglect suffers to be lost, damaged, destroyed, sold, or wrongfully~~

~~disposed of military property of the~~ ~~United States~~ ~~or of this state~~

shall not, without proper authority, do any of the following:

(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 of the United States or this state.

loss of military property of the United States or this state.

(2) A person who violates this section shall be punished as a

court-martial directs.

Sec. 109. (1) A person subject to this code, while on duty or

in the course of duty, shall not willfully or recklessly waste,

spoil, or destroy any property that is not property of the United

States or of this state.

(2) A person who violates this section shall be punished as a

court-martial directs.

Sec. 112. (1) A person subject to this code who is ~~found~~

~~under the influence of intoxicating liquor and disorderly while in~~

~~uniform or while on state military property~~ not a sentinel or a

lookout as described in section 113 shall not be either of the

following:

(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 or a controlled

substance while on duty.

(2) A person who violates this section shall be punished as a

court-martial directs.

Sec. 113. A sentinel or guard subject to this code who is

found under the influence of intoxicating liquor or a controlled

substance or sleeping upon his or her post or who leaves a post

before being relieved shall be punished as a court-martial directs.

Sec. 121. (1) A person subject to this code who unlawfully

takes, obtains, or withholds from the United States, this state, or

any other state, any property, money, or article of any kind with

the intent to permanently deprive the owner of the property, money,

or article of any kind, is guilty of larceny.

(2) A person who violates this section is punishable as a

court-martial directs.

Sec. 132. (1) A person subject to this code shall ~~be punished~~

~~as a court-martial directs if the person commits 1~~ not commit any

of the following acts:

(a) Knowing the claim to be false or fraudulent, ~~makes~~ make

a claim against the United States, this state, or an officer of the

United States or this state.

(b) Knowing the claim to be false or fraudulent, ~~presents~~

present to a person in the civil or military service of the United

States or this state for approval or payment a claim against the

United States, this state, or an officer of the United States or

this state.

allowance, or payment of a claim against the United States, this

state, or any officer of the United States or this state, ~~does~~ do

any 1 of the following:

(i) ~~Makes~~ Make or ~~uses~~ use a writing or other paper knowing

the writing or paper contains a false or fraudulent statement.

(ii) ~~Makes~~ Make an oath to a fact, writing, or other paper

knowing the oath to be false.

(iii) ~~Forges~~ Forge or ~~counterfeits~~ counterfeit a signature

upon a writing or other paper or ~~uses~~ use a signature knowing the

signature to be forged or counterfeited.

(d) ~~Who, having~~ Having charge, possession, custody, or

control of money or other property of the United States or this

state, furnished or intended for the armed forces of the United

States or this state, knowingly ~~delivers~~ deliver to a person

having authority to receive the money or property, an amount less

than that for which the person receives a certificate or receipt.

(e) ~~Who, being~~ Being authorized to make or deliver a paper

certifying the receipt of property of the United States or this

state, furnished or intended for the armed forces of the United

States or this state, ~~makes~~ make or ~~delivers~~ deliver to a

person the writing without having full knowledge of the truth of

the statements contained in the paper and with intent to defraud

the United States or this state.

(f) Make a false or fraudulent use of a credit card,

telephone, telephone calling card, or other access device issued by

the United States or this state.

(2) A person who violates this section shall be punished as a

court-martial directs.

Sec. 134. (1) ~~Though not specifically mentioned in this code,~~

~~a disorder and neglect to the prejudice of good order and~~

~~discipline in the military forces of this state, other than an~~

~~offense reserved for punishment to the civil courts under this~~

~~code, shall be taken cognizance of by a general, special, or~~

~~summary court-martial, pursuant to the nature and degree of the~~

~~offense, and punished in the discretion of the court.~~ A person

subject to this code shall not through disorder or neglect to the

prejudice of good order and discipline or through conduct bring

discredit upon the armed forces of the United States or of this

state.

(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 the violation.