N.Y. Military Law 130.3 – Jurisdiction to try certain personnel
§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the provisions of section 130.43, any person subject to this code who is charged with having committed an offense against this code while serving during a prior enlistment in a force of the organized militia shall not be relieved from amenability to trial by court-martial by reason of the termination of said prior enlistment, if such person re-enlisted in any force of the organized militia not more than one day after the date of termination of the prior enlistment.
Terms Used In N.Y. Military Law 130.3
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer including a commissioned warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
(5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
(6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court;
(8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) All persons discharged from the organized militia subsequently charged with having fraudulently obtained said discharge shall, subject to the provisions of section 130.43, be subject to trial by court-martial on said charge and after apprehension, shall be subject to this code. Upon conviction of said charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.
(c) Any person who has deserted from the organized militia shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.
(d) In the case of persons charged with absence without leave under section 130.82 of this article, in personam jurisdiction of special courts-martial with powers to adjudge a bad-conduct discharge can be obtained over such persons by any method of personal service sufficient for personal jurisdiction under the provisions of § 308 of the civil practice law and rules; provided that diligent efforts have been made to deliver the charges to such persons. In all cases where personal jurisdiction is obtained by service in accordance with the provisions of this section, the special courts-martial shall not have the power to adjudge confinement.