Louisiana Revised Statutes 29:102 – A. This Code applies to all members of the state military forces at all times and in all places. A court-martial or court of inquiry may be convened and held in a unit of the state m
Terms Used In Louisiana Revised Statutes 29:102
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. This Code applies to all members of the state military forces at all times and in all places. A court-martial or court of inquiry may be convened and held in a unit of the state military forces serving outside the state, and the court has the same jurisdiction and powers as if the court-martial or court of inquiry were held within the state. An offense committed outside the state may be tried and punished outside the state or within the state. For members of the state military forces on active duty service in the Army National Guard of the United States under Title 10, United States Code, this Code shall apply if the federal convening authority declines to convene a court-martial under the Uniform Code of Military Justice.
B. The processing of charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused.
C. Subject matter jurisdiction for judicial or nonjudicial punishment exists if there is a clear and convincing nexus between an offense under this Code and the state military force. When a member is in a duty status under either Title 32 of the United States Code or state active duty under La. Rev. Stat. 29:7, there shall be a rebuttable presumption that subject matter jurisdiction exists.
D. This Code applies to all persons in custody of a federal, state, or local penal institution while serving a sentence imposed by a court-martial convened under this Chapter.
Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 1999, No. 284, §2; Acts 2017, No. 75, §1, eff. June 8, 2017; Acts 2019, No. 373, §1.