Bill Text: OH HB405 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: To allow extra credit to military veterans and reserve component members on state civil service examinations, to provide for the reemployment of nonteaching school employees following military service in accordance with federal law, to extend the period of time within which persons serving in the Ohio National Guard may meet continuing education requirements for occupational licenses and renew their licenses, to require landlords to observe the rights of tenants who are service members under federal law, to modify the order of priority in which veterans may participate in job training programs, to permit but not require the use of armories by patriotic and national organizations, to update references in the Revised Code to federal statutes relating to the National Guard, to conform the Ohio Code of Military Justice to the United States Code of Military Justice, and to make other changes to the Ohio Code of Military Justice.

Spectrum: Slight Partisan Bill (Republican 55-30)

Status: (Engrossed - Dead) 2012-04-25 - To State & Local Government & Veterans Affairs [HB405 Detail]

Download: Ohio-2011-HB405-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 405

Representative Rosenberger 

Cosponsors: Representatives Johnson, Landis, Pillich, Bubp, Butler, Milkovich, Yuko, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Barnes, Beck, Blair, Boose, Boyd, Brenner, Buchy, Carney, Celebrezze, Celeste, Cera, Combs, Conditt, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Duffey, Fedor, Fende, Foley, Gardner, Garland, Gerberry, Gonzales, Goodwin, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Henne, Hill, Hottinger, Kozlowski, Letson, Lundy, Lynch, Maag, Mallory, Martin, McGregor, Murray, Newbold, O'Brien, Okey, Patmon, Pelanda, Phillips, Ramos, Reece, Roegner, Ruhl, Scherer, Schuring, Sears, Slaby, M., Smith, Sprague, Stautberg, Stebelton, Terhar, Thompson, Uecker, Wachtmann, Williams, Winburn, Young Speaker Batchelder 

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A BILL

To amend sections 124.23, 124.26, 3319.085, 3737.881,

1

3781.10, 5321.04, 5903.10, 5903.11, 5911.07,

2

5923.12, 5924.01, 5924.02, 5924.03, 5924.06,

3

5924.07, 5924.08, 5924.09, 5924.10, 5924.11,

4

5924.13, 5924.14, 5924.15, 5924.16, 5924.17,

5

5924.18, 5924.19, 5924.20, 5924.22, 5924.23,

6

5924.24, 5924.25, 5924.26, 5924.27, 5924.28,

7

5924.29, 5924.30, 5924.31, 5924.32, 5924.33,

8

5924.34, 5924.35, 5924.36, 5924.37, 5924.38,

9

5924.39, 5924.41, 5924.42, 5924.43, 5924.44,

10

5924.45, 5924.46, 5924.47, 5924.48, 5924.49,

11

5924.50, 5924.51, 5924.52, 5924.54, 5924.56,

12

5924.57, 5924.58, 5924.59, 5924.60, 5924.63,

13

5924.72, 5924.73, 5924.74, 5924.75, 5924.76,

14

5924.77, 5924.78, 5924.82, 5924.83, 5924.84,

15

5924.85, 5924.86, 5924.87, 5924.88, 5924.89,

16

5924.90, 5924.91, 5924.92, 5924.93, 5924.94,

17

5924.95, 5924.96, 5924.97, 5924.98, 5924.103,

18

5924.108, 5924.109, 5924.111, 5924.113, 5924.115,

19

5924.128, 5924.131, 5924.132, 5924.133, and

20

5924.146, to enact new sections 5924.21, 5924.61,

21

5924.62, 5924.64, 5924.65, 5924.66, 5924.70,

22

5924.71, and 5924.120 and sections 4743.04,

23

5924.501, 5924.502, 5924.503, 5924.504, 5924.505,

24

5924.506, 5924.581, 5924.582, 5924.67, 5924.68,

25

5924.69, 5924.761, and 5924.1121, and to repeal

26

sections 5924.04, 5924.12, 5924.21, 5924.61,

27

5924.62, 5924.64, 5924.65, 5924.66, 5924.70,

28

5924.71, 5924.99, 5924.100, 5924.101, 5924.102,

29

5924.104, 5924.105, 5924.106, 5924.110, 5924.114,

30

5924.118, 5924.119, 5924.120, 5924.122, 5924.1231,

31

5924.124, 5924.125, 5924.126, 5924.129, 5924.130,

32

5924.145, and 5924.147 of the Revised Code to

33

allow extra credit to military veterans and

34

reserve component members on state civil service

35

examinations, to provide for the reemployment of

36

nonteaching school employees following military

37

service in accordance with federal law, to extend

38

the period of time within which persons serving in

39

the Ohio National Guard may meet continuing

40

education requirements for occupational licenses

41

and renew their licenses, to require landlords to

42

observe the rights of tenants who are service

43

members under federal law, to modify the order of

44

priority in which veterans may participate in job

45

training programs, to permit but not require the

46

use of armories by patriotic and national

47

organizations, to update references in the Revised

48

Code to federal statutes relating to the National

49

Guard, to conform the Ohio Code of Military

50

Justice to the United States Code of Military

51

Justice, and to make other changes to the Ohio

52

Code of Military Justice.

53

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 124.23, 124.26, 3319.085, 3737.881,	54
3781.10, 5321.04, 5903.10, 5903.11, 5911.07, 5923.12, 5924.01,	55
5924.02, 5924.03, 5924.06, 5924.07, 5924.08, 5924.09, 5924.10,	56
5924.11, 5924.13, 5924.14, 5924.15, 5924.16, 5924.17, 5924.18,	57
5924.19, 5924.20, 5924.22, 5924.23, 5924.24, 5924.25, 5924.26,	58
5924.27, 5924.28, 5924.29, 5924.30, 5924.31, 5924.32, 5924.33,	59
5924.34, 5924.35, 5924.36, 5924.37, 5924.38, 5924.39, 5924.41,	60
5924.42, 5924.43, 5924.44, 5924.45, 5924.46, 5924.47, 5924.48,	61
5924.49, 5924.50, 5924.51, 5924.52, 5924.54, 5924.56, 5924.57,	62
5924.58, 5924.59, 5924.60, 5924.63, 5924.72, 5924.73, 5924.74,	63
5924.75, 5924.76, 5924.77, 5924.78, 5924.82, 5924.83, 5924.84,	64
5924.85, 5924.86, 5924.87, 5924.88, 5924.89, 5924.90, 5924.91,	65
5924.92, 5924.93, 5924.94, 5924.95, 5924.96, 5924.97, 5924.98,	66
5924.103, 5924.108, 5924.109, 5924.111, 5924.113, 5924.115,	67
5924.128, 5924.131, 5924.132, 5924.133, and 5924.146 be amended	68
and new sections 5924.21, 5924.61, 5924.62, 5924.64, 5924.65,	69
5924.66, 5924.70, 5924.71, and 5924.120 and sections 4743.04,	70
5924.501, 5924.502, 5924.503, 5924.504, 5924.505, 5924.506,	71
5924.581, 5924.582, 5924.67, 5924.68, 5924.69, 5924.761, and	72
5924.1121 of the Revised Code be enacted to read as follows:	73

Sec. 124.23.  (A) All applicants for positions and places in	74
the classified service shall be subject to examination, except for	75
applicants for positions as professional or certified service and	76
paraprofessional employees of county boards of developmental	77
disabilities, who shall be hired in the manner provided in section	78
124.241 of the Revised Code.	79

(B) Any examination administered under this section shall be	80
public and be open to all citizens of the United States and those	81
persons who have legally declared their intentions of becoming	82
United States citizens. For examinations administered for	83
positions in the service of the state, the director of	84
administrative services or the director's designee may determine	85
certain limitations as to citizenship, age, experience, education,	86
health, habit, and moral character.	87

(C)(1) Any person who has completed service in the uniformed	88
services, who has been honorably discharged from the uniformed	89
services or transferred to the reserve with evidence of	90
satisfactory service, and who is a resident of this state and any	91
member of the national guard or a reserve component of the armed	92
forces of the United States, including the Ohio national guard,	93
who has completed more than one hundred eighty days of active duty	94
service pursuant to an executive order of the president of the	95
United States or an act of the congress of the United States may	96
file with the director a certificate of service or honorable	97
discharge, and, upon this filing, the person shall receive	98
additional credit of twenty per cent of the person's total grade	99
given in the examination in which the person receives a passing	100
grade.	101

(2) A member in good standing of a reserve component of the	102
armed forces of the United States, including the Ohio national	103
guard, who successfully completes the member's initial entry-level	104
training shall receive a credit of fifteen per cent of the	105
person's total grade given in the examination in which the person	106
receives a passing grade.	107

(3) As used in this division, "service in the uniformed	108
services" and "uniformed services" have the same meanings as in	109
the "Uniformed Services Employment and Reemployment Rights Act of	110
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	111

(D) An examination may include an evaluation of such factors	112
as education, training, capacity, knowledge, manual dexterity, and	113
physical or psychological fitness. An examination shall consist of	114
one or more tests in any combination. Tests may be written, oral,	115
physical, demonstration of skill, or an evaluation of training and	116
experiences and shall be designed to fairly test the relative	117
capacity of the persons examined to discharge the particular	118
duties of the position for which appointment is sought. Tests may	119
include structured interviews, assessment centers, work	120
simulations, examinations of knowledge, skills, and abilities, and	121
any other acceptable testing methods. If minimum or maximum	122
requirements are established for any examination, they shall be	123
specified in the examination announcement.	124

(E) Except as otherwise provided in sections 124.01 to 124.64	125
of the Revised Code, when a position in the classified service of	126
the state is to be filled, an examination shall be administered.	127
The director of administrative services shall have control of all	128
examinations administered for positions in the service of the	129
state and all other examinations the director administers as	130
provided in section 124.07 of the Revised Code, except as	131
otherwise provided in sections 124.01 to 124.64 of the Revised	132
Code. The director shall, by rule adopted under Chapter 119. of	133
the Revised Code, prescribe the notification method that is to be	134
used by an appointing authority to notify the director that a	135
position in the classified service of the state is to be filled.	136
In addition to the positions described in section 124.30 of the	137
Revised Code, the director may, with sufficient justification from	138
the appointing authority, allow the appointing authority to fill	139
the position by noncompetitive examination. The director shall	140
establish, by rule adopted under Chapter 119. of the Revised Code,	141
standards that the director shall use to determine what serves as	142
sufficient justification from an appointing authority to fill a	143
position by noncompetitive examination.	144

(F) No questions in any examination shall relate to political	145
or religious opinions or affiliations. No credit for seniority,	146
efficiency, or any other reason shall be added to an applicant's	147
examination grade unless the applicant achieves at least the	148
minimum passing grade on the examination without counting that	149
extra credit.	150

(G) Except as otherwise provided in sections 124.01 to 124.64	151
of the Revised Code, the director of administrative services or	152
the director's designee shall give reasonable notice of the time,	153
place, and general scope of every competitive examination for	154
appointment that the director or the director's designee	155
administers for positions in the classified service of the state.	156
The director or the director's designee shall post notices via	157
electronic media of every examination to be conducted for	158
positions in the classified civil service of the state. The	159
electronic notice shall be posted on the director's internet site	160
on the world wide web for a minimum of one week preceding any	161
examination involved.	162

Sec. 124.26.  From the returns of the examinations, the	163
director of administrative services or the director's designee	164
shall prepare an eligible list of the persons whose general	165
average standing upon examinations for the class or position is	166
not less than the minimum fixed by the rules of the director, and	167
who are otherwise eligible. Those persons shall take rank upon the	168
eligible list as candidates in the order of their relative	169
excellence as determined by the examination without reference to	170
priority of the time of examination. If two or more applicants	171
receive the same mark in an open competitive examination, priority	172
in the time of filing the application with the director or the	173
director's designee shall determine the order in which their names	174
shall be placed on the eligible list, except that applicants	175
eligible for the veteran's or the reserve component member's	176
preference under section 124.23 of the Revised Code shall receive	177
priority in rank on the eligible list over nonveterans and	178
nonmembers of the reserve component on the list with a rating	179
equal to that of the veteran or reserve component member. Ties	180
among veterans or among reserve component members shall be decided	181
by priority of filing the application. A tie between a veteran	182
and a reserve component member shall be decided in favor of the	183
veteran.	184

. An eligible list expires upon the filling or closing of the	185
position. An expired eligible list may be used to fill a position	186
of the same classification within the same appointing authority	187
for which the list was created. But, in no event shall an expired	188
list be used more than one year past its expiration date.	189

Sec. 3319.085.  Any nonteaching school employee who,	190
subsequent to September 1, 1962, has left, or leaves, the employ	191
of a board of education for the purpose of entering on extended	192
active duty in the armed services of the United States or the	193
auxiliaries thereof, and within eight weeks enters such service	194
performs service in the uniformed services or service under	195
section 5923.12 of the Revised Code and who has returned, or	196
returns, from suchthat service with an honorablea discharge	197
under honorable conditions or certificate ofis released from	198
service under section 5923.12 of the Revised Code shall be	199
re-employed by the board of education of the district in which he	200
the nonteaching school employee held suchthe nonteaching school	201
employee position, under the same type of contract as that which	202
he last held in such district, if such nonteaching school employee	203
applies, within ninety days after such discharge, to such board of	204
education for re-employment. Upon such application, such	205
nonteaching school employee shall be re-employed at the first of	206
the next school semester, if such application is made not less	207
than thirty days prior to the first of such next school semester,	208
in which case such nonteaching school employee shall be	209
re-employed the first of the following school semester, unless the	210
board of education waives the requirement for such thirty-day	211
period.	212

For the purposes of seniority and placement on the salary	213
schedule, years of absence on extended active duty in the armed	214
services of the United States or the auxiliaries thereof shall not	215
exceed four, and shall be counted as though school service had	216
been performed during such timeas required by the "Uniformed	217
Services Employment and Reemployment Rights Act of 1994," 108	218
Stat. 3149, 38 U.S.C. 4303.	219

The board of education of thisthe district in which suchthe	220
nonteaching school employee was employed and is re-employed under	221
this section may suspend the contract of the nonteaching school	222
employee whose services become unnecessary by reason of the return	223
of a nonteaching school employee from service in the armed	224
uniformed services or auxiliaries thereof.	225

As used in this section, "service in the uniformed services"	226
and "uniformed services" have the same meanings as in the	227
"Uniformed Services Employment and Reemployment Rights Act of	228
1994," 108 Stat. 3149, 38 U.S.C. 4303.	229

Sec. 3737.881.  (A) The fire marshal shall certify	230
underground storage tank systems installers who meet the standards	231
for certification established in rules adopted under division	232
(D)(1) of this section, pass the certification examination	233
required by this division, and pay the certificate fee established	234
in rules adopted under division (D)(5) of this section. Any	235
individual who wishes to obtain certification as an installer	236
shall apply to the fire marshal on a form prescribed by the fire	237
marshal. The application shall be accompanied by the application	238
and examination fees established in rules adopted under division	239
(D)(5) of this section.	240

The fire marshal shall prescribe an examination designed to	241
test the knowledge of applicants for certification as underground	242
storage tank system installers in the installation, repair,	243
abandonment, and removal of those systems. The examination shall	244
also test the applicants' knowledge and understanding of the	245
requirements and standards established in rules adopted under	246
sections 3737.88 and 3737.882 of the Revised Code pertaining to	247
the installation, repair, abandonment, and removal of those	248
systems.	249

Installer certifications issued under this division shall be	250
renewed annually, upon submission of a certification renewal form	251
prescribed by the fire marshal, provision of proof of successful	252
completion of continuing education requirements, and payment of	253
the certification renewal fee established in rules adopted under	254
division (D)(5) of this section. In addition, the fire marshal may	255
from time to time prescribe an examination for certification	256
renewal and may require applicants to pass the examination and pay	257
the fee established for it in rules adopted under division (D)(5)	258
of this section.	259

The fire marshal may, in accordance with Chapter 119. of the	260
Revised Code, deny, suspend, revoke, or refuse to renew an	261
installer's certification or renewal thereof if he findsafter	262
finding that any of the following applies:	263

(1) The applicant for certification or certificate holder	264
fails to meet the standards for certification or renewal thereof	265
under this section and rules adopted under it;	266

(2) The certification was obtained through fraud or	267
misrepresentation;	268

(3) The certificate holder recklessly caused or permitted a	269
person under histhe certificate holder's supervision to install,	270
perform major repairs on site to, abandon, or remove an	271
underground storage tank system in violation of the performance	272
standards set forth in rules adopted under section 3737.88 or	273
3737.882 of the Revised Code.	274

As used in division (A)(3) of this section, "recklessly" has	275
the same meaning as in section 2901.22 of the Revised Code.	276

(B) The fire marshal shall certify persons who sponsor	277
training programs for underground storage tank system installers	278
who meet the criteria for certification established in rules	279
adopted by the fire marshal under division (D)(4) of this section	280
and pay the certificate fee established in rules adopted under	281
division (D)(5) of this section. Any person who wishes to obtain	282
certification to sponsor such a training program shall apply to	283
the fire marshal on a form prescribed by himthe fire marshal.	284
Training program certificates issued under this division shall	285
expire annually. Upon submission of a certification renewal	286
application form prescribed by the fire marshal and payment of the	287
application and certification renewal fees established in rules	288
adopted under division (D)(5) of this section, the fire marshal	289
shall issue a training program renewal certificate to the	290
applicant.	291

The fire marshal may, in accordance with Chapter 119. of the	292
Revised Code, deny an application for, suspend, or revoke a	293
training program certificate or renewal thereof if he findsor	294
renewal of a training program certificate after finding that the	295
training program does not or will not meet the standards for	296
certification established in rules adopted under division (D)(4)	297
of this section.	298

(C) The fire marshal may conduct or cause to be conducted	299
training programs for underground storage tank systems installers	300
as hethe fire marshal considers to be necessary or appropriate.	301
The fire marshal is not subject to division (B) of this section	302
with respect to training programs conducted by employees of the	303
office of the fire marshal.	304

(D) The fire marshal shall adopt, and may amend and rescind,	305
rules doing all of the following:	306

(1) Defining the activities that constitute supervision over	307
the installation, performance of major repairs on site to,	308
abandonment of, and removal of underground storage tank systems;	309

(2) Establishing standards and procedures for certification	310
of underground storage tank systems installers;	311

(3) Establishing standards and procedures for continuing	312
education for certification renewal, subject to the provisions of	313
section 5903.12 of the Revised Code relating to active duty	314
military service;	315

(4) Establishing standards and procedures for certification	316
of training programs for installers;	317

(5) Establishing fees for applications for certifications	318
under this section, the examinations prescribed under division (A)	319
of this section, the issuance and renewal of certificates under	320
divisions (A) and (B) of this section, and attendance at training	321
programs conducted by the fire marshal under division (C) of this	322
section. Fees received under this section shall be credited to the	323
underground storage tank administration fund created in section	324
3737.02 of the Revised Code and shall be used to defray the costs	325
of implementing, administering, and enforcing this section and the	326
rules adopted thereunder, conducting training sessions, and	327
facilitating prevention of releases.	328

(6) That are necessary or appropriate for the implementation,	329
administration, and enforcement of this section.	330

(E) Nothing in this section or the rules adopted under it	331
prohibits an owner or operator of an underground storage tank	332
system from installing, making major repairs on site to,	333
abandoning, or removing an underground storage tank system under	334
the supervision of an installer certified under division (A) of	335
this section who is a full-time or part-time employee of the owner	336
or operator.	337

(F) On and after the date one hundred eighty days after the	338
effective date of this sectionJanuary 7, 1990, no person shall do	339
any of the following:	340

(1) Install, make major repairs on site to, abandon, or	341
remove an underground storage tank system unless the activity is	342
performed under the supervision of a qualified individual who	343
holds a valid installer certificate issued under division (A) of	344
this section;	345

(2) Act in the capacity of providing supervision for the	346
installation of, performance of major repairs on site to,	347
abandonment of, or removal of an underground storage tank system	348
unless the person holds a valid installer certificate issued under	349
division (A) of this section;	350

(3) Except as provided in division (C) of this section,	351
sponsor a training program for underground storage tank systems	352
installers unless the person holds a valid training program	353
certificate issued under division (B) of this section.	354

Sec. 3781.10. (A)(1) The board of building standards shall	355
formulate and adopt rules governing the erection, construction,	356
repair, alteration, and maintenance of all buildings or classes of	357
buildings specified in section 3781.06 of the Revised Code,	358
including land area incidental to those buildings, the	359
construction of industrialized units, the installation of	360
equipment, and the standards or requirements for materials used in	361
connection with those buildings. The board shall incorporate those	362
rules into separate residential and nonresidential building codes.	363
The standards shall relate to the conservation of energy and the	364
safety and sanitation of those buildings.	365

(2) The rules governing nonresidential buildings are the	366
lawful minimum requirements specified for those buildings and	367
industrialized units, except that no rule other than as provided	368
in division (C) of section 3781.108 of the Revised Code that	369
specifies a higher requirement than is imposed by any section of	370
the Revised Code is enforceable. The rules governing residential	371
buildings are uniform requirements for residential buildings in	372
any area with a building department certified to enforce the state	373
residential building code. In no case shall any local code or	374
regulation differ from the state residential building code unless	375
that code or regulation addresses subject matter not addressed by	376
the state residential building code or is adopted pursuant to	377
section 3781.01 of the Revised Code.	378

(3) The rules adopted pursuant to this section are complete,	379
lawful alternatives to any requirements specified for buildings or	380
industrialized units in any section of the Revised Code. Except as	381
otherwise provided in division (I) of this section, the board	382
shall, on its own motion or on application made under sections	383
3781.12 and 3781.13 of the Revised Code, formulate, propose,	384
adopt, modify, amend, or repeal the rules to the extent necessary	385
or desirable to effectuate the purposes of sections 3781.06 to	386
3781.18 of the Revised Code.	387

(B) The board shall report to the general assembly proposals	388
for amendments to existing statutes relating to the purposes	389
declared in section 3781.06 of the Revised Code that public health	390
and safety and the development of the arts require and shall	391
recommend any additional legislation to assist in carrying out	392
fully, in statutory form, the purposes declared in that section.	393
The board shall prepare and submit to the general assembly a	394
summary report of the number, nature, and disposition of the	395
petitions filed under sections 3781.13 and 3781.14 of the Revised	396
Code.	397

(C) On its own motion or on application made under sections	398
3781.12 and 3781.13 of the Revised Code, and after thorough	399
testing and evaluation, the board shall determine by rule that any	400
particular fixture, device, material, process of manufacture,	401
manufactured unit or component, method of manufacture, system, or	402
method of construction complies with performance standards adopted	403
pursuant to section 3781.11 of the Revised Code. The board shall	404
make its determination with regard to adaptability for safe and	405
sanitary erection, use, or construction, to that described in any	406
section of the Revised Code, wherever the use of a fixture,	407
device, material, method of manufacture, system, or method of	408
construction described in that section of the Revised Code is	409
permitted by law. The board shall amend or annul any rule or issue	410
an authorization for the use of a new material or manufactured	411
unit on any like application. No department, officer, board, or	412
commission of the state other than the board of building standards	413
or the board of building appeals shall permit the use of any	414
fixture, device, material, method of manufacture, newly designed	415
product, system, or method of construction at variance with what	416
is described in any rule the board of building standards adopts or	417
issues or that is authorized by any section of the Revised Code.	418
Nothing in this section shall be construed as requiring approval,	419
by rule, of plans for an industrialized unit that conforms with	420
the rules the board of building standards adopts pursuant to	421
section 3781.11 of the Revised Code.	422

(D) The board shall recommend rules, codes, and standards to	423
help carry out the purposes of section 3781.06 of the Revised Code	424
and to help secure uniformity of state administrative rulings and	425
local legislation and administrative action to the bureau of	426
workers' compensation, the director of commerce, any other	427
department, officer, board, or commission of the state, and to	428
legislative authorities and building departments of counties,	429
townships, and municipal corporations, and shall recommend that	430
they audit those recommended rules, codes, and standards by any	431
appropriate action that they are allowed pursuant to law or the	432
constitution.	433

(E)(1) The board shall certify municipal, township, and	434
county building departments and the personnel of those building	435
departments, and persons and employees of individuals, firms, or	436
corporations as described in division (E)(7) of this section to	437
exercise enforcement authority, to accept and approve plans and	438
specifications, and to make inspections, pursuant to sections	439
3781.03, 3791.04, and 4104.43 of the Revised Code.	440

(2) The board shall certify departments, personnel, and	441
persons to enforce the state residential building code, to enforce	442
the nonresidential building code, or to enforce both the	443
residential and the nonresidential building codes. Any department,	444
personnel, or person may enforce only the type of building code	445
for which certified.	446

(3) The board shall not require a building department, its	447
personnel, or any persons that it employs to be certified for	448
residential building code enforcement if that building department	449
does not enforce the state residential building code. The board	450
shall specify, in rules adopted pursuant to Chapter 119. of the	451
Revised Code, the requirements for certification for residential	452
and nonresidential building code enforcement, which shall be	453
consistent with this division. The requirements for residential	454
and nonresidential certification may differ. Except as otherwise	455
provided in this division, the requirements shall include, but are	456
not limited to, the satisfactory completion of an initial	457
examination and, to remain certified, the completion of a	458
specified number of hours of continuing building code education	459
within each three-year period following the date of certification	460
which shall be not less than thirty hours. The rules shall provide	461
that continuing education credits and certification issued by the	462
council of American building officials, national model code	463
organizations, and agencies or entities the board recognizes are	464
acceptable for purposes of this division. The rules shall specify	465
requirements that are consistent with the provisions of section	466
5903.12 of the Revised Code relating to active duty military	467
service and are compatible, to the extent possible, with	468
requirements the council of American building officials and	469
national model code organizations establish.	470

(4) The board shall establish and collect a certification and	471
renewal fee for building department personnel, and persons and	472
employees of persons, firms, or corporations as described in this	473
section, who are certified pursuant to this division.	474

(5) Any individual certified pursuant to this division shall	475
complete the number of hours of continuing building code education	476
that the board requires or, for failure to do so, forfeit	477
certification.	478

(6) This division does not require or authorize the board to	479
certify personnel of municipal, township, and county building	480
departments, and persons and employees of persons, firms, or	481
corporations as described in this section, whose responsibilities	482
do not include the exercise of enforcement authority, the approval	483
of plans and specifications, or making inspections under the state	484
residential and nonresidential building codes.	485

(7) Enforcement authority for approval of plans and	486
specifications and enforcement authority for inspections may be	487
exercised, and plans and specifications may be approved and	488
inspections may be made on behalf of a municipal corporation,	489
township, or county, by any of the following who the board of	490
building standards certifies:	491

(a) Officers or employees of the municipal corporation,	492
township, or county;	493

(b) Persons, or employees of persons, firms, or corporations,	494
pursuant to a contract to furnish architectural, engineering, or	495
other services to the municipal corporation, township, or county;	496

(c) Officers or employees of, and persons under contract	497
with, a municipal corporation, township, county, health district,	498
or other political subdivision, pursuant to a contract to furnish	499
architectural, engineering, or other services.	500

(8) Municipal, township, and county building departments have	501
jurisdiction within the meaning of sections 3781.03, 3791.04, and	502
4104.43 of the Revised Code, only with respect to the types of	503
buildings and subject matters for which they are certified under	504
this section.	505

(9) Certification shall be granted upon application by the	506
municipal corporation, the board of township trustees, or the	507
board of county commissioners and approval of that application by	508
the board of building standards. The application shall set forth:	509

(a) Whether the certification is requested for residential or	510
nonresidential buildings, or both;	511

(b) The number and qualifications of the staff composing the	512
building department;	513

(c) The names, addresses, and qualifications of persons,	514
firms, or corporations contracting to furnish work or services	515
pursuant to division (E)(7)(b) of this section;	516

(d) The names of any other municipal corporation, township,	517
county, health district, or political subdivision under contract	518
to furnish work or services pursuant to division (E)(7) of this	519
section;	520

(e) The proposed budget for the operation of the building	521
department.	522

(10) The board of building standards shall adopt rules	523
governing all of the following:	524

(a) The certification of building department personnel and	525
persons and employees of persons, firms, or corporations	526
exercising authority pursuant to division (E)(7) of this section.	527
The rules shall disqualify any employee of the department or	528
person who contracts for services with the department from	529
performing services for the department when that employee or	530
person would have to pass upon, inspect, or otherwise exercise	531
authority over any labor, material, or equipment the employee or	532
person furnishes for the construction, alteration, or maintenance	533
of a building or the preparation of working drawings or	534
specifications for work within the jurisdictional area of the	535
department. The department shall provide other similarly qualified	536
personnel to enforce the residential and nonresidential building	537
codes as they pertain to that work.	538

(b) The minimum services to be provided by a certified	539
building department.	540

(11) The board of building standards may revoke or suspend	541
certification to enforce the residential and nonresidential	542
building codes, on petition to the board by any person affected by	543
that enforcement or approval of plans, or by the board on its own	544
motion. Hearings shall be held and appeals permitted on any	545
proceedings for certification or revocation or suspension of	546
certification in the same manner as provided in section 3781.101	547
of the Revised Code for other proceedings of the board of building	548
standards.	549

(12) Upon certification, and until that authority is revoked,	550
any county or township building department shall enforce the	551
residential and nonresidential building codes for which it is	552
certified without regard to limitation upon the authority of	553
boards of county commissioners under Chapter 307. of the Revised	554
Code or boards of township trustees under Chapter 505. of the	555
Revised Code.	556

(F) In addition to hearings sections 3781.06 to 3781.18 and	557
3791.04 of the Revised Code require, the board of building	558
standards shall make investigations and tests, and require from	559
other state departments, officers, boards, and commissions	560
information the board considers necessary or desirable to assist	561
it in the discharge of any duty or the exercise of any power	562
mentioned in this section or in sections 3781.06 to 3781.18,	563
3791.04, and 4104.43 of the Revised Code.	564

(G) The board shall adopt rules and establish reasonable	565
fees for the review of all applications submitted where the	566
applicant applies for authority to use a new material, assembly,	567
or product of a manufacturing process. The fee shall bear some	568
reasonable relationship to the cost of the review or testing of	569
the materials, assembly, or products and for the notification of	570
approval or disapproval as provided in section 3781.12 of the	571
Revised Code.	572

(H) The residential construction advisory committee shall	573
provide the board with a proposal for a state residential building	574
code that the committee recommends pursuant to division (D)(1) of	575
section 4740.14 of the Revised Code. Upon receiving a	576
recommendation from the committee that is acceptable to the board,	577
the board shall adopt rules establishing that code as the state	578
residential building code.	579

(I)(1) The committee may provide the board with proposed	580
rules to update or amend the state residential building code that	581
the committee recommends pursuant to division (E) of section	582
4740.14 of the Revised Code.	583

(2) If the board receives a proposed rule to update or amend	584
the state residential building code as provided in division (I)(1)	585
of this section, the board either may accept or reject the	586
proposed rule for incorporation into the residential building	587
code. If the board does not act to either accept or reject the	588
proposed rule within ninety days after receiving the proposed rule	589
from the committee as described in division (I)(1) of this	590
section, the proposed rule shall become part of the residential	591
building code.	592

(J) The board shall cooperate with the director of job and	593
family services when the director promulgates rules pursuant to	594
section 5104.05 of the Revised Code regarding safety and	595
sanitation in type A family day-care homes.	596

(K) The board shall adopt rules to implement the requirements	597
of section 3781.108 of the Revised Code.	598

Sec. 4743.04.  (A) The renewal of a license or other	599
authorization to practice a trade or profession issued under Title	600
XLVII of the Revised Code is subject to the provisions of section	601
5903.10 of the Revised Code relating to service in the armed	602
forces of the United States or the Ohio national guard.	603

(B) Continuing education requirements applicable to the	604
licensees under Title XLVII of the Revised Code are subject to the	605
provisions of section 5903.12 of the Revised Code relating to	606
active duty military service.	607

(C) A department, agency, or office of this state or of any	608
political subdivision of this state that issues a license or	609
certificate to practice a trade or profession may, pursuant to	610
rules adopted by the department, agency, or office, issue a	611
temporary license or certificate to practice the trade or	612
profession to a person whose spouse is on active military duty in	613
this state.	614

Sec. 5321.04.  (A) A landlord who is a party to a rental	615
agreement shall do all of the following:	616

(1) Comply with the requirements of all applicable building,	617
housing, health, and safety codes that materially affect health	618
and safety;	619

(2) Make all repairs and do whatever is reasonably necessary	620
to put and keep the premises in a fit and habitable condition;	621

(3) Keep all common areas of the premises in a safe and	622
sanitary condition;	623

(4) Maintain in good and safe working order and condition all	624
electrical, plumbing, sanitary, heating, ventilating, and air	625
conditioning fixtures and appliances, and elevators, supplied or	626
required to be supplied by himthe landlord;	627

(5) When hethe landlord is a party to any rental agreements	628
that cover four or more dwelling units in the same structure,	629
provide and maintain appropriate receptacles for the removal of	630
ashes, garbage, rubbish, and other waste incidental to the	631
occupancy of a dwelling unit, and arrange for their removal;	632

(6) Supply running water, reasonable amounts of hot water,	633
and reasonable heat at all times, except where the building that	634
includes the dwelling unit is not required by law to be equipped	635
for that purpose, or the dwelling unit is so constructed that heat	636
or hot water is generated by an installation within the exclusive	637
control of the tenant and supplied by a direct public utility	638
connection;	639

(7) Not abuse the right of access conferred by division (B)	640
of section 5321.05 of the Revised Code;	641

(8) Except in the case of emergency or if it is impracticable	642
to do so, give the tenant reasonable notice of histhe landlord's	643
intent to enter and enter only at reasonable times. Twenty-four	644
hours is presumed to be a reasonable notice in the absence of	645
evidence to the contrary.	646

(9) Promptly commence an action under Chapter 1923. of the	647
Revised Code, after complying with division (C) of section 5321.17	648
of the Revised Code, to remove a tenant from particular	649
residential premises, if the tenant fails to vacate the premises	650
within three days after the giving of the notice required by that	651
division and if the landlord has actual knowledge of or has	652
reasonable cause to believe that the tenant, any person in the	653
tenant's household, or any person on the premises with the consent	654
of the tenant previously has or presently is engaged in a	655
violation as described in division (A)(6)(a)(i) of section 1923.02	656
of the Revised Code, whether or not the tenant or other person has	657
been charged with, has pleaded guilty to or been convicted of, or	658
has been determined to be a delinquent child for an act that, if	659
committed by an adult, would be a violation as described in that	660
division. Such actual knowledge or reasonable cause to believe	661
shall be determined in accordance with that division.	662

(10) Comply with the rights of tenants under the	663
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	664
501.	665

(B) If the landlord makes an entry in violation of division	666
(A)(8) of this section, makes a lawful entry in an unreasonable	667
manner, or makes repeated demands for entry otherwise lawful that	668
have the effect of harassing the tenant, the tenant may recover	669
actual damages resulting from the entry or demands, obtain	670
injunctive relief to prevent the recurrence of the conduct, and	671
obtain a judgment for reasonable attorney's fees, or may terminate	672
the rental agreement.	673

Sec. 5903.10. Any(A) A holder of an expired license or	674
certificate from this state or any political subdivision or agency	675
of the state to practice a trade or profession, whose license or	676
certificate was not renewed because of the holder's service in the	677
armed forces of the United States, or in the national guard or in	678
a reserve component, shall, upon presentation of satisfactory	679
evidence of honorable discharge or separation under honorable	680
conditions therefrom within six months of such discharge or	681
separation, be granted a renewal of saidthe license or	682
certificate by the issuing board or authority at the usual cost	683
without penalty and without re-examination if not otherwise	684
disqualified because of mental or physical disability and if	685
either of the following applies:	686

(1) The license or certificate was not renewed because of the	687
holder's service in the armed forces of the United States or a	688
reserve component of the armed forces of the United States,	689
including the Ohio national guard.	690

(2) The license or certificate was not renewed because the	691
holder's spouse served in the armed forces of the United States or	692
a reserved component of the armed forces of the United States,	693
including the Ohio national guard, and the service resulted in the	694
holder's absence from this state.	695

(B) A renewal shall not be granted under division (A) of this	696
section unless the holder or the holder's spouse, whichever is	697
applicable, has presented satisfactory evidence of the service	698
member's discharge under honorable conditions or release under	699
honorable conditions from active duty or national guard duty	700
within six months after the discharge or release.	701

Sec. 5903.11.  (A) Any federally funded employment and	702
training program administered by any state agency including, but	703
not limited to, the "Job Training PartnershipWorkforce Investment	704
Act of 1998," 96112 Stat. 1322(1982)936, codified in scattered	705
sections of 29 U.S.C.A. 1501, as amended, shall include a veteran	706
priority system to provide maximum employment and training	707
opportunities to veterans and other eligible persons within each	708
targeted group as established by federal law and state and federal	709
policy in the service area. Disabled veterans, veterans of the	710
Vietnam era, other veterans, and other eligible persons shall	711
receive preference over nonveterans within each targeted group in	712
the provision of employment and training services available	713
through these programs as required by this section.	714

(B) Each state agency shall refer qualified applicants to job	715
openings and training opportunities in programs described in	716
division (A) of this section in the following order of priority:	717

(1) Special disabled veterans;

718

(2) Veterans of the Vietnam era;

719

(3) Disabled veterans;

720

(4) All other veterans;

721

(5) Other eligible persons;

722

(6) Nonveterans.

723

(C) Each state agency providing employment and training	724
services to veterans and other eligible persons under programs	725
described in division (A) of this section shall submit an annual	726
written report to the speaker of the house of representatives and	727
the president of the senate on the services that it provides to	728
veterans and other eligible persons. Each such agency shall report	729
separately on all entitlement programs, employment or training	730
programs, and any other programs that it provides to each class of	731
persons described in divisions (B)(1) to (6) of this section. Each	732
such agency shall also report on action taken to ensure compliance	733
with statutory requirements. Compliance and reporting procedures	734
shall be in accordance with the reporting procedures then in	735
effect for all employment and training programs described in	736
division (A) of this section, with the addition of veterans as a	737
separate reporting module.	738

(D) All state agencies that administer federally funded	739
employment and training programs described in division (A) of this	740
section for veterans and other eligible persons shall do all of	741
the following:	742

(1) Ensure that veterans are treated with courtesy and	743
respect at all state governmental facilities;	744

(2) Give priority in referral to jobs to qualified veterans	745
and other eligible persons;	746

(3) Give priority in referral to and enrollment in training	747
programs to qualified veterans and other eligible persons;	748

(4) Give preferential treatment to special disabled veterans	749
in the provision of all needed state services;	750

(5) Provide information and effective referral assistance to	751
veterans and other eligible persons regarding needed benefits and	752
services that may be obtained through other agencies.	753

(E) As used in this section:

754

(1) "Special disabled veteran" means a veteran who is	755
entitled to, or who but for the receipt of military pay would be	756
entitled to, compensation under any law administered by the	757
department of veterans affairs for a disability rated at thirty	758
per cent or more or a person who was discharged or released from	759
active duty because of a service-connected disability.	760

(2) "Veteran of the Vietnam era" means an eligible veteran	761
who served on active duty for a period of more than one hundred	762
eighty days, any part of which occurred from August 5, 1964,	763
through May 7, 1975, and was discharged or released therefrom with	764
other than a dishonorable discharge or a person who was discharged	765
or released from active duty for a service-connected disability if	766
any part of the active duty was performed from August 5, 1964,	767
through May 7, 1975.	768

(3) "Disabled veteran" means a veteran who is entitled to, or	769
who but for the receipt of military retirement pay would be	770
entitled to compensation, under any law administered by the	771
department of veterans affairs and who is not a special disabled	772
veteran.	773

(4) "Eligible veteran" means a person who served on active	774
duty for more than one hundred eighty days and was discharged or	775
released from active duty with other than a dishonorable discharge	776
or a person who was discharged or released from active duty	777
because of a service-connected disability.	778

(5) "Other eligible person" means one of the following:

779

(a) The spouse of any person who died of a service-connected	780
disability;	781

(b) The spouse of any member of the armed forces serving on	782
active duty who at the time of the spouse's application for	783
assistance under any program described in division (A) of this	784
section is listed pursuant to the "Act of September 6, 1966," 80	785
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	786
thereto, as having been in one or more of the following categories	787
for a total of ninety or more days:	788

(i) Missing in action;

789

(ii) Captured in line of duty by a hostile force;

790

(iii) Forcibly detained or interned in line of duty by a	791
foreign government or power.	792

(c) The spouse of any person who has a total disability	793
permanent in nature resulting from a service-connected disability	794
or the spouse of a veteran who died while such a disability was in	795
existence.	796

(6) "Veteran" means either of the following:

797

(a) Any person who was a member of the armed forces of the	798
United States for a period of one hundred eighty days or more or a	799
person who was discharged or released from active duty because of	800
a service-connected disability;	801

(b) A person who served as a member of the United States	802
merchant marine and to whom either of the following applies:	803

(i) The person has an honorable report of separation from	804
active duty military service, form DD214 or DD215.	805

(ii) The person served in the United States merchant marine	806
between December 7, 1941, and December 31, 1946, and died on	807
active duty while serving in a war zone during that period of	808
service.	809

(7) "Armed forces of the United States" means the army, air	810
force, navy, marine corps, coast guard, and any other military	811
service branch that is designated by congress as a part of the	812
armed forces of the United States.	813

(8) "Employment program" means a program which provides	814
referral of individuals to employer job openings in the federal,	815
state, or private sector.	816

(9) "Training program" means any program that upgrades the	817
employability of qualified applicants.	818

(10) "Entitlement program" means any program that enlists	819
specific criteria in determining eligibility, including but not	820
limited to the existence in special segments of the general	821
population of specific financial needs.	822

(11) "Targeted group" means a group of persons designated by	823
federal law or regulations or by state law to receive special	824
assistance under an employment and training program described in	825
division (A) of this section.	826

(12) "United States merchant marine" includes the United	827
States army transport service and the United States naval	828
transport service.	829

Sec. 5911.07.  The armories erected by the state are for the	830
use of the organized militia; but in each armory there shallmay	831
be provided and maintained, except as provided in this section, a	832
suitable room including heating, lighting, and janitor services,	833
for the free use of thepatriotic and national organizations known	834
as the women's relief corps, sons of veterans, sons of veterans'	835
auxiliary, daughters of veterans, united Spanish war veterans,	836
auxiliary united Spanish war veterans, veterans of foreign wars of	837
the United States, veteran organizations of World War I and World	838
War II, army and navy union of the United States, and honorably	839
retired officers of the Ohio national guard, Ohio military	840
reserve, and Ohio naval militiachartered under part B of subtitle	841
II of Title 36 of the United States Code, unless such rooms are	842
already provided by the erection of a county memorial building or	843
otherwise by the state, or by the county, township, or municipal	844
corporation. This section does not require a separate room to be	845
maintained for each organization. The room provided in this	846
section may be used for military training when not in actual use	847
by one of the aforenamed organizations. This section applies only	848
during the time that such armory is being used by an active	849
military organization ora unit of the organized militia.	850

Sec. 5923.12.  When ordered to state active duty by the	851
governor, for which duty federal basic pay and allowances are not	852
authorized, members of the organized militia of Ohio shall receive	853
the same pay and allowances for each day's service as is provided	854
for commissioned officers, warrant officers, noncommissioned	855
officers, and enlisted personnel of like grade and longevity in	856
the armed forces of the United States, together with the necessary	857
transportation, housing, and subsistence allowances as prescribed	858
by the United States department of defense pay manual, or an	859
amount not less than seventy-five dollars per day as base pay for	860
each day's duty performed, whichever is greater.	861

When ordered by the governor to perform training or duty	862
under this section or section 5919.29 of the Revised Code, members	863
of the Ohio national guard shall have the protections afforded to	864
persons on federal active duty by "The Soldiers and Sailors	865
Servicemembers Civil Relief Act of 1940," 54117 Stat. 11782835,	866
50 App. U.S.C.A. App. 501-548 and 560-591.	867

Sec. 5924.01.  As used in Chapter 5924. of the Revised Code	868
unless the context otherwise requires:	869

(A) "Organized militia" means the Ohio national guard, the	870
Ohio naval militia, and the Ohio military reserve.	871

(B) "Officer" means commissioned or warrant officer.

872

(C) "Commissioned officer" includes a commissioned warrant	873
officer.	874

(D) "Commanding officer" includes only commissioned or	875
warrant officers in command of a unit.	876

(E) "Superior commissioned officer" means a commissioned	877
officer superior in rank or command.	878

(F) "Enlisted member" means a person in an enlisted grade.

879

(G) "Grade" means a step or degree, in a graduated scale of	880
office or military rank, that is established and designated as a	881
grade by law or regulation.	882

(H) "Rank" means the order of precedence among members of the	883
armed forces.	884

(I) "Active stateState active duty" means full-time duty in	885
the active military service of the state under an ordera	886
proclamation of the governor issued pursuant to authority vested	887
in himthe governor by law, and while going to and returning from	888
such duty.	889

(J) "Duty status other than active state active duty" means	890
any other types of duty and while going to and returning from such	891
duty.	892

(K) "Military court" means a court-martial, a court of	893
inquiry, or a provost court.	894

(L) "Military judge" means an official of a general or	895
special court-martial who is a commissioned officer, who has been	896
duly certified to be qualified for duty as a military judge by the	897
state judge advocate, and who has been properly detailed in	898
accordance with section 5924.26 of the Revised Code.	899

(M) "Law specialist" means a commissioned officer of the	900
organized naval militia of the state designated for special duty.	901

(N) "Legal officer" means any commissioned officer of the	902
organized naval militia of the state designated to perform legal	903
duties for a command.	904

(O) "State judge advocate" means the commissioned officer	905
responsible for supervising the administration of the military	906
justice in the organized militia.	907

(P) "Accuser" means a person who reports an offense subject	908
to trial by court-martial and who signs and swears to charges, any	909
person who directs that charges nominally be signed and sworn to	910
by another, andor any other person who has an interest other than	911
an official interest in the prosecution of the accused.	912

(Q) "Military" refers to any or all of the armed forces.

913

(R) "Convening authority" includes, in addition to the person	914
who convened the court, a commissioned officer commanding for the	915
time being, or a successor in command.	916

(S) "May" is used in a permissive sense. The words "no person	917
may ............" mean that no person is required, authorized, or	918
permitted to do the act prescribed.	919

(T) "Shall" is used in an imperative sense.

920

(U) "Code" means the Ohio code of military justice, as set	921
forth in Chapter 5924. of the Revised Code.	922

(V) "Trial counsel" means the prosecuting attorney in a	923
general or special court-martial.	924

(W) "Detention facility" means any place that is owned or	925
operated by a municipal corporation, by a county, or by one or	926
more municipal corporations, counties, or both and that is used	927
for the confinement of persons charged with or convicted of any	928
crime in this state or another state or under the laws of the	929
United States.	930

(X) "Examiner" has the same meaning as in division (A)(2)(a)	931
of section 2945.37 of the Revised Code.	932

(Y) "Nonsecured status," "unsupervised, off-grounds	933
movement," "trial visit," "conditional release," and "licensed	934
clinical psychologist" have the same meanings as in section	935
2945.37 of the Revised Code.	936

Sec. 5924.02.  The following persons who are not in federal	937
service are subject to this code:	938

(A) Members of the organized militia, including Ohio national	939
guard dual-status technicians during their normal duty hours;	940

(B) Persons who have been placed on the state reserve list or	941
the state retired list pursuant to section 5913.07 or 5919.13 of	942
the Revised Code;	943

(C) All other persons lawfully ordered to duty in or with the	944
organized militia, from the dates they are required by the terms	945
of the order or other directive to obey the sameorder or	946
directive, including any time during which they are going to or	947
returning from duty in the organized militia.	948

Sec. 5924.03.  (A) Each person discharged from the organized	949
militia who is later charged with having fraudulently obtained his	950
the discharge is, subject to section 5924.43 of the Revised Code,	951
subject to trial by court-martial on that charge and is, after	952
apprehension, subject to this code while in the custody of the	953
military for that trial. Upon conviction of that charge hethe	954
person is subject to trial by court-martial for all offenses under	955
this code committed before the fraudulent charge.	956

(B) No person who has deserted from the organized militia may	957
be relieved from amenability to the jurisdiction of this code by	958
virtue of a separation from any later period of service.	959

Sec. 5924.06.  (A) The governor, on the recommendation of the	960
adjutant general, shall appoint an officer of the organized	961
militiaOhio national guard as state judge advocate, who. The	962
officer shall be a member in good standing of the bar of the	963
supreme court of this state and shall have been a member of the	964
bar of the state and a member of the organized militia for at	965
least five yearsbe eligible to be recognized as a colonel under	966
regulations prescribed by the national guard bureau.	967

(B) The adjutant general mayshall appoint as many assistant	968
state judge advocates as he shall deem necessary, which assistant	969
state judgeand legal officers on the recommendation of the state	970
judge advocate. Judge advocates and legal officers shall be	971
officers of the organized militia and members in good standing of	972
the bar of thethis state.	973

(C) The state judge advocate or his assistantssubordinate	974
judge advocates shall make frequent inspections in the field in	975
supervision of the administration of military justice.	976

(D) The provisions of section 109.02 of the Revised Code	977
shall not be a restriction upon the appointment and duties as	978
provided in this section.	979

(E) Convening authorities shall at all times communicate	980
directly with their staff judge advocates or legal officers in	981
matters relating to the administration of military justice; and	982
the. A staff judge advocate or legal officer of anya command is	983
entitled to communicate directly with theany staff judge advocate	984
or legal officer of a superior or subordinate command, or with the	985
state judge advocate.	986

(F)(E) No person who has acted as member, military judge,	987
trial counsel, assistant trial counsel, defense counsel, assistant	988
defense counsel, or investigating officer, or who has been a	989
witness for either the prosecution or defense, in any case may	990
later act as staff judge advocate or legal officer to any	991
reviewing authority upon the same case.	992

Sec. 5924.07.  (A) Apprehension is the taking of a person	993
into custody.	994

(B) Any person authorized by this code, or by regulations	995
issued pursuant theretoto this code, to apprehend persons subject	996
to this code, any marshal of a court-martial appointed pursuant to	997
the provisions of this code, and any peace officer authorized to	998
do so by law may do so upon reasonable belief that an offense has	999
been committed and that the person apprehended committed it.	1000

(C) Commissioned officers, warrant officers, petty officers,	1001
and noncommissioned officers have authoritymay take reasonable	1002
action to quell quarrels, frays, and disorders among persons	1003
subject to this code and to apprehend persons subject to this code	1004
who take part therein.	1005

(D) A person subject to this code may be apprehended in the	1006
person's home, with the assistance of a local law enforcement	1007
agency, only upon probable cause to believe that the person is	1008
legally subject to apprehension and that the person is or will be	1009
present to be apprehended.	1010

Sec. 5924.08. Any civilA peace officer having authority to	1011
apprehend offenders under the laws of the United States, or of a	1012
state, territory, commonwealth, or possession, or the District of	1013
Columbia may summarily apprehend a deserter from the organized	1014
militia and deliver himthe deserter into the custody of the	1015
organized militia. If an offender is apprehended outside the	1016
state, his return to the area must be in accordance with normal	1017
extradition procedures, or reciprocal agreement.	1018

Sec. 5924.09.  (A) Arrest is the restraint of a person by an	1019
oral or written order, not imposed as a punishment for an offense,	1020
directing himthe person to remain within certain specified	1021
limits. Confinement is the physical restraint of a person that is	1022
imposed by order of competent authority and deprives the person of	1023
freedom pending disposition of criminal charges.	1024

(B) An enlisted member may be ordered into arrest or	1025
confinement by any commissionedcommanding officer by an order,	1026
oral or written, delivered in person or through other persons	1027
subject to this code or through any person authorized by this code	1028
to apprehend persons. A commanding officer may authorize warrant	1029
officers, petty officers, or noncommissioned officers to order	1030
enlisted members of histhe commanding officer's command or	1031
enlisted members subject to histhe commanding officer's authority	1032
into arrest or confinement.	1033

(C) A commissioned officer or a warrant officer may be	1034
ordered apprehended or into arrest or confinement only by a	1035
commanding officer to whose authority hethe commissioned officer	1036
or warrant officer is subject, by an order, oral or written,	1037
delivered in person or by another commissioned officer. The	1038
authority to order such persons apprehended or into arrest or	1039
confinement may not be delegated.	1040

(D) No person may be ordered apprehended or into arrest or	1041
confinement except for probable cause.	1042

(E) Nothing in this section shall be construed to limit the	1043
authority of persons authorized to apprehend offenders to secure	1044
the custody of an alleged offender until proper authority may be	1045
notified.	1046

Sec. 5924.10.  (A) Any person subject to this code charged	1047
with an offense under this code shall be ordered into arrest or	1048
confinement, as circumstances may require; but when charged only	1049
with an offense normally tried by a summary court-martial, such	1050
person shall not ordinarily be placed into confinement. When any	1051
person subject to this code is placed into arrest or confinement	1052
prior to trial, immediate steps shall be taken to inform himthe	1053
person shall be informed within seventy-two hours of the specific	1054
wrong of which hethe person is accused and to try him or to	1055
dismiss the charges and release himof the person's rights under	1056
this code.	1057

(B) Confinement other than in a guard house, whether before,	1058
during, or after trial by a military court, shall be executed, to	1059
the maximum extent practicable, in civil jails or prisons	1060
designated by the governor or by such person as he may authorize	1061
to actlike facilities. An order that an accused person be placed	1062
in pretrial confinement shall be reviewed by a military judge	1063
within seven days and if confirmed may be reviewed after that	1064
confirmation only on motion.	1065

Sec. 5924.11.  (A) No provost marshal, commander of a guard,	1066
master at arms, wardensheriff, keeper, or officer of a city or	1067
county jail or any other jail or prison designated under section	1068
5924.10 of the Revised Code,detention facility may refuse to	1069
receive or keep any prisoner committed to histhe sheriff's,	1070
keeper's, or officer's charge, when the committing person	1071
furnishes a statement, signed by himthe committing person, of the	1072
offense charged against the prisoner.	1073

(B) Every commander of a guard, master at armsA sheriff,	1074
warden, keeper, or officer of a city or county jail or of any	1075
other jail or prison designated under section 5924.10 of the	1076
Revised Code,detention facility to whose charge a prisoner is	1077
committed, shall, within twenty-four hours after that commitment	1078
or as soon as he is relieved from guard, report to the commanding	1079
officer of the prisoner the name of the prisoner, the offense	1080
charged against himthe prisoner, and the name of the person who	1081
ordered or authorized the commitment.	1082

Sec. 5924.13. Subject to section 5924.57 of the Revised	1083
Code, noNo person, while being held for or after trial or the	1084
result of trial, may be subjected to punishment or penalty other	1085
than arrest or confinement upon the charges pending against him,	1086
nor shall the person. The arrest or confinement imposed upon him	1087
the person shall not be any more rigorous than the circumstances	1088
require to insure histhe person's presence, but he. The person	1089
may be subjected to minor punishment during that period for	1090
infractions of discipline, and may be required to perform such	1091
labor as may be necessary for the policing and sanitation of his	1092
living quarters and messing facilities and the area immediately	1093
adjacent thereto.	1094

Sec. 5924.14.  (A) Under such regulations as may be	1095
prescribed under this code, a person on active state active duty	1096
subject to this codeor duty under Title 32 of the United States	1097
Code who is accused of an offense against civil authority may be	1098
delivered, upon request, to the civil authority for trailtrial.	1099

(B) When delivery under this section is made to any civil	1100
authority of a person undergoing sentence of a court-martial, the	1101
delivery, if followed by conviction in a civil tribunal,	1102
interrupts the execution of the sentence of the court-martial, and	1103
the offender after having answered to the civil authorities for	1104
histhe offender's offense shall, upon the request of competent	1105
military authority, be returned to military custody for the	1106
completion of histhe offender's sentence.	1107

Sec. 5924.15. (A) Under such regulations as the governor	1108
adjutant general may prescribe, and under such additional	1109
regulations as may be prescribed by the adjutant general of Ohio,	1110
limitations may be placed on the powers granted by this section	1111
with respect to the kind and amount of punishment authorized, the	1112
categories of commanding officers and warrant officers exercising	1113
command authorized to exercise those powers, the applicability of	1114
this section to an accused who demands trial by court-martial, and	1115
the kinds of courts-martial to which the case may be referred upon	1116
such a demand. However, except in the case of a member attached	1117
to, or embarked in a vessel, punishment may not be imposed upon	1118
any person subject to this code under this sectiona member of the	1119
organized militia if such personthe member has, before the	1120
imposition of suchthe punishment, demanded trial by court-martial	1121
in lieu of suchthe punishment. Under similar regulations, rules	1122
may be prescribed with respect to the suspension of punishments	1123
authorized hereunderunder this section. If authorized by	1124
regulations prescribed under this section, the governor or a	1125
general officer or officer of flag rank in command may delegate	1126
the powers of the governor or general officer under this section	1127
to a principal assistant. In all proceedings, the accused shall be	1128
allowed a reasonable period of time, normally not exceeding	1129
forty-eight hours, to reply to the notification of intent to	1130
impose punishment under this section.	1131

(B) Subject to the foregoingdivision (A) of this section,	1132
any commanding officer, and for the purposes of this section the	1133
adjutant general of Ohio, may, in addition to or in lieu of	1134
admonition or reprimand, impose one or more of the following	1135
disciplinary punishments for minor offenses without the	1136
intervention of a court-martial:	1137

(A)(1) Upon officers of the commanding officer's command, any	1138
of the following:	1139

(1)(a) Restriction to certain specified limits, with or	1140
without suspension from duty, for not more than thirty consecutive	1141
days;	1142

(2)(b) If imposed by the governor, the adjutant general, the	1143
commandingan officer of a force of the organized militia	1144
exercising general court-martial jurisdiction, a general officer,	1145
or the commanding general of a divisionflag officer, any of the	1146
following:	1147

(a)(i) Arrest in quarters for not more than thirty	1148
consecutive days;	1149

(b) Fine or forfeiture(ii) Forfeiture of not more than	1150
one-half of one month's pay per month for two months, or the suma	1151
fine of onenot more than two hundred fifty dollars, whichever is	1152
greater;	1153

(c)(iii) Restriction to certain specified limits, with or	1154
without suspension from duty, for not more than sixty consecutive	1155
days;	1156

(d) Detention of not more than one-half of one month's pay	1157
per month for three months, or the sum of two hundred twenty-five	1158
dollars, whichever is greater.	1159

(B)(2) Upon other military personnel of the commanding	1160
officer's command, any of the following:	1161

(1) If imposed upon a person attached to or embarked in a	1162
vessel, confinement on bread and water or diminished rations for	1163
not more than three consecutive days;	1164

(2)(a) Correctional custody for not more than seven	1165
consecutive days;	1166

(3) Fine or forfeiture(b) Forfeiture of not more than seven	1167
days' pay, or the sum of twenty-five dollars, whichever is greater	1168
a fine of not more than one-quarter of one month's actual pay;	1169

(4)(c) Reduction to the next inferior pay grade, if the grade	1170
from which the service member demoted is within the promotion	1171
authority of the officer imposing the reduction or any officer	1172
subordinate to the one who imposes the reduction;	1173

(5)(d) Extra duties, including fatigue or other duties, for	1174
not more than fourteen consecutive days or for a total of thirty	1175
nonconsecutive days;	1176

(6)(e) Restriction to certain specified limits, with or	1177
without suspension from duty, for not more than fourteen	1178
consecutive days;	1179

(7) Detention of not more than fourteen days' pay, or the sum	1180
of fifty dollars, whichever is greater;	1181

(8)(f) If imposed by an officer of the grade of major or	1182
lieutenant commander, or above., any of the following:	1183

(a)(i) The punishment authorized under division (B)(1)(2)(a)	1184
of this section;	1185

(b)(ii) Correctional custody for not more than thirty	1186
consecutive days;	1187

(c) Fine or forfeiture(iii) Forfeiture of not more than	1188
one-half of one month's pay per month for two months, or the sum	1189
of fifty dollars, whichever is greatera fine of not more than	1190
one-half of one month's actual pay for two months;	1191

(d)(iv) Reduction to the lowest or any intermediate pay	1192
grade, if the grade from which demoted is within the promotion	1193
authority of the officer imposing the reduction or any officer	1194
subordinate to the one who imposes the reduction, but an enlisted	1195
member in pay grade above E-4 may not be reduced more than two	1196
one pay gradesgrade;	1197

(e)(v) Extra duties, including fatigue or other duties, for	1198
not more than forty-five consecutive days, which need not be	1199
consecutive, and for not more than two hours per day;	1200

(f)(vi) Restriction to certain specified limits, with or	1201
without suspension from duty, for not more than sixty consecutive	1202
days, which need not be consecutive;	1203

(g) Detention of not more than one-half of one month's pay	1204
per month for three months, or the sum of seventy-five dollars,	1205
whichever is greater.	1206

Detention of pay shall be for a stated period of not more	1207
than one year, but if the offender's term of service expires	1208
earlier, the detention shall terminate upon that expiration. No	1209
two or more of the punishments of arrest in quarters, confinement	1210
on bread and water or diminished rations, correctional custody,	1211
extra duties, and restriction may be combined to run consecutively	1212
in the maximum amount imposable for each. Whenever any of those	1213
punishments are combined to run consecutively, there must be an	1214
apportionment. In addition, forfeiture of pay may not be combined	1215
with detention of pay without an apportionment. For the purposes	1216
of this section "correctional custody" is the physical restraint	1217
of a person during duty or nonduty hours and may include extra	1218
duties, fatigue duties, or hard labor. If practicable,	1219
correctional custody will not be served in immediate association	1220
with persons awaiting trial or held in confinement pursuant to	1221
trial by court-martial or civilian court.	1222

(C) No two or more of the punishments of arrest in quarters,	1223
correctional custody, extra duties, and restriction may be	1224
combined to run consecutively in the maximum amount imposable for	1225
each. If any of those punishments are combined to run	1226
consecutively, there must be apportionment. For the purposes of	1227
this section, "correctional custody" means the physical restraint	1228
of a person during duty or nonduty hours and may include extra	1229
duties, fatigue duties, or hard labor.	1230

(D) An officer in charge may impose upon enlisted members	1231
assigned to the unit of which the officer is in charge suchany of	1232
the punishments authorized under divisions (B)(1)(A)(2)(a) to	1233
(B)(7)(f) of this section, asthat the governor or adjutant	1234
general may specifically prescribe by regulation.	1235

(D)(E) The officer who imposes the punishment authorized in	1236
divisions (A) ordivision (B) of this section, or the officer's	1237
successor in command, may, at any time, suspend probationally any	1238
part or amount of the unexecuted punishment imposed and may	1239
suspend probationally a reduction in grade or a forfeiture or fine	1240
imposed under divisions (A) ordivision (B) of this section,	1241
whether or not executed. In addition, the officer who imposed the	1242
punishment may, at any time, remit or mitigate any part or amount	1243
of the unexecuted punishment imposed and may set aside in whole or	1244
in part the punishment, whether executed or unexecuted, and	1245
restore all rights, privileges, and property affected. The officer	1246
who imposed the punishment may also mitigate reduction in grade to	1247
forfeiture or detention of pay or a fine. When mitigating:	1248

(1) Arrestarrest in quarters to restriction;

1249

(2) Confinement on bread and water or diminished rations to	1250
correctional custody;	1251

(3) Correctional custody or confinement on bread and water or	1252
diminished rations to extra duties or restriction, or both; or	1253

(4) Extraextra duties to restriction;

1254

the, the mitigated punishment shall not be for a greater period	1255
than the punishment mitigated. When mitigating forfeiture of pay	1256
to detention of pay, the amount of the detention shall not be	1257
greater than the amount of the forfeiture. When mitigating	1258
reduction in grade to fine or forfeiture or detention of pay, the	1259
amount of the fine or forfeiture or detention shall not be greater	1260
than the amount that could have been imposed initially under this	1261
section by the officer who imposed the punishment mitigated.	1262

(E)(F) A person punished under this section who considers the	1263
punishment unjust or disproportionate to the offense may, through	1264
the proper channel, appeal to the next superior authority within	1265
seven calendar days. The appeal shall be promptly forwarded and	1266
decided, but the person punished may in the meantime be required	1267
to undergo the punishment adjudged. The superior authority may	1268
exercise the same powers with respect to the punishment imposed as	1269
may be exercised under division (D)(E) of this section by the	1270
officer who imposed the punishment. Before acting on an appeal	1271
from a punishment of:	1272

(1) Arrest in quarters for more than seven days;

1273

(2) Correctional custody for more than seven days;

1274

(3) Forfeiture of more than seven days' pay;

1275

(4) Reduction of one or more pay grades from the fourth or a	1276
higher pay grade;	1277

(5) Extra duties for more than fourteen days;

1278

(6) Restriction for more than fourteen days; or

1279

(7) Detention of more than fourteen days' pay;

1280

any of the following, the authority who is to act on the appeal	1281
shall refer the case to a judge advocate or legal officer of the	1282
Ohio organized militia for consideration and advice, and may so	1283
also refer the case upon appeal from any punishment imposed under	1284
divisions (A) or division (B) of this section:	1285

(1) Arrest in quarters for more than seven days;

1286

(2) Correctional custody for more than seven days;

1287

(3) Fine or forfeiture of more than seven days' pay;

1288

(4) Reduction of one or more pay grades from the fourth or a	1289
higher pay grade;	1290

(5) Extra duties for more than fourteen days.

1291

(F)(G) The imposition and enforcement of disciplinary	1292
punishment under this section for any act or omission is not a bar	1293
to trial by court-martial for a serious crime or offense growing	1294
out of the same act or omission, and not properly punishable under	1295
this section; but the. The fact that a disciplinary punishment has	1296
been enforced may be shown by the accused upon trial, and, when so	1297
shown, shall be considered in determining the measure of	1298
punishment to be adjudged in the event of a finding of guilty.	1299

(G)(H) The governor or the adjutant general may, by	1300
regulation, prescribe the form of records to be kept of	1301
proceedings under this section and may also prescribe that certain	1302
categories of those proceedings shall be in writing.	1303

(H) The punishments imposed pursuant to this section, except	1304
fine and forfeiture of pay, shall not extend beyond the	1305
termination of the duty status of the individual punished.	1306

(I) A commanding officer may delegate authority to make a	1307
reduction in pay grade under division (B)(2)(c) of this section to	1308
the commanding officer's executive officer, deputy commander, vice	1309
commander, or principal assistant.	1310

Sec. 5924.16.  (A) In the organized militia not in federal	1311
service, there are general, special, and summary courts-martial	1312
constituted like similar courts of the army and the air force.	1313
They have the jurisdiction and powers, except as to punishments,	1314
and shall follow the forms and procedures provided for those	1315
courts. General and special courts-martial are courts of record	1316
with original jurisdiction.	1317

(B) The constitutions of the three kinds of courts-martial	1318
are:	1319

(1) General courts-martial, consistingA general	1320
court-martial consists of one of the following:	1321

(A)(1) A military judge and not lessfewer than five members;	1322
or	1323

(B)(2) Only a military judge, if, before the court is	1324
assembled, the accused, knowing the identity of the military judge	1325
and after consultation with defense counsel, requests in writing a	1326
court composed only of a military judge and the military judge	1327
approves;	1328

(2) Special courts-martial, consisting.

1329

(C) A special court-martial consists of one of the following:

1330

(A) not less than three(1) Three or more members; or

1331

(B)(2) A military judge and not lessfewer than three	1332
members; or	1333

(C)(3) Only a military judge, if one has been detailed to the	1334
court, and the accused so requests in writing under the same	1335
conditions as those prescribed in division (B)(1)(b) of this	1336
section;	1337

(3) Summary courts-martial, consistingbefore the court is	1338
assembled the accused, knowing the identity of the military judge	1339
and after consultation with defense counsel, requests in writing a	1340
court composed only of a military judge and the military judge	1341
approves.	1342

(D) A summary court-martial consists of one commissioned	1343
officer in the grade of captain or above.	1344

Sec. 5924.17. Each force of the organized militiaThe Ohio	1345
national guard has court-martial jurisdiction over all persons	1346
subject to this code. The exercise of jurisdiction by one force	1347
the Ohio national guard over personnel of another forceelement of	1348
the organized militia shall be in accordance with regulations	1349
prescribed by the governoradjutant general.	1350

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1351
Code, general courts-martial have jurisdiction to try persons	1352
subject to this code for any offense made punishable by this code	1353
and may, under suchany limitations asthat the governor may	1354
prescribe, adjudge any punishment not forbidden by this code,	1355
including the penalty of death when specifically authorized by	1356
this code. General courts-martial also have jurisdiction to try	1357
any person who by the law of war is subject to trial by a military	1358
tribunal and may adjudge any punishment permitted by the law of	1359
war. A general court-martial of the kind specified in division	1360
(B)(1)(b) of section 5924.16 of the Revised Code does not have	1361
jurisdiction to try any person for any offense for which the death	1362
penalty may be adjudged unless the case has been previously	1363
referred to trial as a noncapital caseof the following	1364
punishments:	1365

(1) A fine of not more than two thousand five hundred dollars	1366
or confinement for not more than three hundred sixty-five days;	1367

(2) Forfeiture of all pay and allowances;

1368

(3) Reprimand;

1369

(4) Dismissal and dishonorable discharge or a bad conduct	1370
discharge;	1371

(5) Reduction of a noncommissioned officer to the lowest or	1372
any intermediate rank;	1373

(6) Any combination of the foregoing punishments.

1374

(B) A general court-martial may not adjudge dismissal or	1375
dishonorable discharge unless a complete record of the proceedings	1376
and testimony is made, counsel having the qualifications	1377
prescribed under division (B) of section 5924.27 of the Revised	1378
Code is detailed to represent the accused, and a military judge is	1379
detailed to the trial.	1380

Sec. 5924.19.  Subject to section 5924.17 of the Revised	1381
Code, special courts-martial shall have jurisdiction to try	1382
persons subject to this code for any non-capital offense for which	1383
they may be punished under this code. A special court-martial may	1384
adjudge any punishment a general court-martial may adjudge, except	1385
death, dishonorable discharge, dismissal, confinement forthat a	1386
special court-martial may not impose a fine of more than six	1387
months, hard labor withoutone thousand dollars, confinement for	1388
more than three months, forfeiture of pay exceeding two-thirds pay	1389
per month, or forfeiture of pay for more than six monthsone	1390
hundred eighty days for a single offense, or dismissal or	1391
dishonorable discharge. A bad-conduct dischargespecial	1392
court-martial may not be adjudgedadjudge a bad-conduct discharge	1393
unless a complete record of the proceedings and testimony has been	1394
is made, counsel having the qualifications prescribed under	1395
division (B) of section 5924.27 of the Revised Code wasis	1396
detailed to represent the accused, and a military judge wasis	1397
detailed to the trial. In any case in which a military judge was	1398
not detailed to the trial, except when due to physical conditions	1399
or military exigencies, the convening authority shall make a	1400
written statement, to be appended to the record, stating the	1401
reason or reasons a military judge could not be detailed.	1402

Sec. 5924.20.  (A) Subject to section 5924.17 of the Revised	1403
Code, summary courts-martial have jurisdiction to try persons	1404
subject to this code, except officers and warrant officers, for	1405
any offense made punishable by this code.	1406

(B) No person with respect to whom summary courts-martial	1407
have jurisdiction may be brought to trial before a summary	1408
court-martial if hethe person objects theretoto being brought to	1409
trial before a summary court-martial. If objection to trial by	1410
summary court-martial is made by an accused, trial may be ordered	1411
by special or general court-martial, as may be appropriate.	1412

(C) Summary courts-martial may, under such limitations as the	1413
governor may prescribe, adjudge punishment of a fine not forbidden	1414
by this code, except death, dismissal, dishonorable or bad conduct	1415
discharge,exceeding five hundred dollars, confinement for not	1416
more than one month, hard labor without confinement for more than	1417
forty-five days, restriction to specified limits for more than two	1418
months, orthirty days, forfeiture of not more than two-thirds of	1419
one month's pay, and reduction to the lowest or any intermediate	1420
pay grade. For enlisted members in pay grade above E-4, summary	1421
courts-martial may not adjudge confinement or reduction except to	1422
the next inferior pay grade.	1423

Sec. 5924.21. The provisions of this code that confer	1424
jurisdiction on courts-martial do not deprive military	1425
commissions, provost courts, other military tribunals, or state or	1426
federal courts of concurrent jurisdiction with respect to	1427
offenders or offenses that by statute or by the law of war may be	1428
tried by military commissions, provost courts, other military	1429
tribunals, or state or federal courts.	1430

Sec. 5924.22.  In the organized militia not in federal	1431
service, the governor, adjutant general, assistant adjutant	1432
general for army, or assistant adjutant general for air may	1433
convene general courts-martial may be convened by the governor.	1434

Sec. 5924.23.  In the organized militia not in federal	1435
service, the commanding officer of a garrison, fort, post, camp,	1436
air base, auxiliary air base, or other place where troops are on	1437
duty, or of a division, brigade, regiment, battle group, wing,	1438
group, detached battalion, separate squadron, or other detached	1439
command,any commander authorized by regulation in the grade of	1440
colonel or a higher grade may convene special courts-martial.	1441
Special courts-martial may also be convened by superior authority.	1442
When any such officer is an accuser, the court shall be convened	1443
by superior competent authority.	1444

Sec. 5924.24. (A) In the organized militia not in federal	1445
service, the commanding officer of a garrison, fort, post, camp,	1446
air base, auxiliary air base, or other place where troops are on	1447
duty, or of a division, brigade, regiment, battle group, wing,	1448
group, detached battalion, detached squadron, detached company, or	1449
other detachment,any commander authorized by regulation in the	1450
grade of lieutenant colonel or a higher grade may convene a	1451
summary court-martial consisting of one commissioned officer. The	1452
proceedings shall be informal.	1453

(B) When only one commissioned officer is present with a	1454
command or detachment he shall be the summary court-martial of	1455
that command or detachment and shall hear and determine all	1456
summary court-martial cases brought before him. Summary	1457
courts-martial may, however, be convened in any case by superior	1458
competent authority when considered desirable by him.	1459

Sec. 5924.25.  (A) Any commissioned officer of or onin a	1460
duty with the organized militiastatus is eligible to serve on all	1461
courts-martial for the trial of any person who may lawfully be	1462
brought before such courts for trailtrial.	1463

(B) Any warrant officer of or onin a duty with the organized	1464
militiastatus is eligible to serve on general and special	1465
courts-martial for the trial of any person, other than a	1466
commissioned officer, who may lawfully be brought before such	1467
courts for trailtrial.	1468

(C)(1) Any enlisted member of the organized militia in a duty	1469
status who is not a member of the same unit as the accused is	1470
eligible to serve on general and special courts-martial for the	1471
trial of any enlisted member of the organized militia who may	1472
lawfully be brought before such courts for trial, but he shall	1473
serve as a member of a court only if, before the conclusion of a	1474
session called by the military judge under division (A) of section	1475
5924.39 of the Revised Code or, in the absence of such a session	1476
called by the military judge, before the court is assembled for	1477
the trial of the accused, the accused personally has requested in	1478
writing that enlisted members serve on it. After such a request,	1479
the accused may not be tried by a general or special	1480
court-martial, the membership of which does not include enlisted	1481
members in a number comprising at least one-third of the total	1482
membership of the court, unless eligible members cannot be	1483
obtained on account of physical conditions or military exigencies.	1484
If suchenough enlisted members cannot be obtained, the court may	1485
be assembled and trial held without them, but the convening	1486
authority shall make a detailed written statement, to be appended	1487
to the record, stating why they could not be obtained.	1488

(2) InAs used in division (C) of this section, the word	1489
"unit" means any regularly organized body of the organized militia	1490
not larger than a company, a squadron, a division of the naval	1491
militia, or a body corresponding to one of them.	1492

(D)(1) WhenIf it can be avoided, noa person subject to this	1493
code shall not be tried by a court-martial, any member of which is	1494
junior to himthe person in rank or grade.	1495

(2) When convening a court-martial, the convening authority	1496
shall detail as members thereof suchof the court-martial members	1497
asof the organized militia who, in histhe convening authority's	1498
opinion, are best qualified for the duty by reason of age,	1499
education, training, experience, length of service, and judicial	1500
temperament. No member of the organized militia is eligible to	1501
serve as a member of a general or special court-martial when heif	1502
the member of the organized militia is the accuser or a witness	1503
for the prosecution or has acted as investigating officer or as	1504
counsel in the same case. If within the command of the convening	1505
authority there is present and not otherwise disqualified a	1506
commissioned officer who is a member of the bar of the state and	1507
of appropriate rank, the convening authority shall appoint him as	1508
president of a special court-martial. Although this requirement is	1509
binding on the convening authority, failure to meet it in any case	1510
does not divest a military court of jurisdiction.	1511

Sec. 5924.26.  (A) The authority convening aA military judge	1512
shall be detailed to each general court-martial shall, and,	1513
subject to regulations promulgated by the governor, the authority	1514
convening aand special court-martial may, detail a. A military	1515
judge toshall preside over each open session of the court-martial	1516
to which the judge has been detailed.	1517

(B) A military judge shall be a commissioned officer of the	1518
organized militia who is a member in good standing of the bar of	1519
this state, or a member of the bar of a federal court, and who is	1520
certified to be qualified for such duty as a military judge by the	1521
state judge advocate.	1522

(C) The military judge of a general or special court-martial	1523
shall be designated by the state judge advocate or his designee	1524
for detail by the convening authority. Unless the court-martial	1525
was convened by the governor or the adjutant general, neither the	1526
convening authority nor histhe convening authority's staff, other	1527
than the state judge advocate or deputy state judge advocate,	1528
shall prepare or review any report concerning the effectiveness,	1529
fitness, or efficiency of the military judge so detailed which	1530
relates to hisjudge's performance of duty as a military judge. A	1531
commissioned officer who is certified as a military judge of a	1532
general court-martial may perform duties other than those relating	1533
to his being a military judge of a general court-martial when such	1534
duties are assigned to him by or with the approval of the state	1535
judge advocate or his designee.	1536

(D) No person is eligible to act as a military judge in a	1537
case if hethe person is the accuser, is a witness for the	1538
prosecution, has acted as investigating officer, or is a counsel	1539
in the same case.	1540

(E) The military judge of a court-martial may not consult	1541
with the members of the court, except in the presence of the	1542
accused, trial counsel, and defense counsel, nor may hethe	1543
military judge vote with the members of the court.	1544

(F) A trial counsel, defense counsel, military judge, legal	1545
officer, summary court officer, or any other person from any one	1546
component of the organized militia certified by the state judge	1547
advocate to perform legal functions under this code may perform	1548
those functions, as needed, for any other component of the	1549
organized militia.	1550

Sec. 5924.27.  (A) For each general and special court-martial	1551
the authority convening the courtThe state judge advocate shall	1552
detail trial counsel and, defense counsel, and such assistants as	1553
hethat the state judge advocate considers appropriate. No person	1554
who has acted as investigating officer, military judge, or court	1555
member in any case may act later as trial counsel, assistant trial	1556
counsel, or, unless expressly requested by the accused, as defense	1557
counsel, or assistant defense counsel in the same case. No person	1558
who has acted for the prosecution may act later in the same case	1559
for the defense, nor may any person who has acted for the defense	1560
act later in the same case for the prosecution.	1561

(B) Trial counsel or defense counsel detailed for a general	1562
court-martial must be both of the following:	1563

(1) Must be a person who is aA member in good standing of	1564
the bar of the highest court of this state, or a member of the bar	1565
of a federal court, or a law specialist; and	1566

(2) Must be certifiedCertified as competent to perform such	1567
the duties of trial counsel or defense counsel in a general	1568
court-martial by the state judge advocate.	1569

(C) In the case of a special court-martial, the accused shall	1570
be afforded the opportunity to be represented at the trial by	1571
counsel having the qualifications prescribed by division (B) of	1572
this section. If counsel having such qualifications cannot be	1573
obtained because of physical conditions or military exigencies,	1574
the court may be convened and the trial held, but the convening	1575
authority shall make a detailed written statement explaining the	1576
reasons, which shall be appended to the record.	1577

Sec. 5924.28.  Under such regulations as the governor	1578
adjutant general may prescribe, the convening authority of a	1579
general or special court-martial or court of inquiry shall detail	1580
or employ qualified court reporters, who shall record the	1581
proceedings of and testimony taken before that court. Under like	1582
regulations the convening authority of a military court, and may	1583
detail or employ interpreters, who shall interpret for the court.	1584

Sec. 5924.29.  (A) No member of a general or special	1585
court-martial shall be absent or excused after the court has been	1586
assembled for the trial of the accused except for physical	1587
disability, as a result of a challenge, or by order of the	1588
convening authority for good cause.	1589

(B) Whenever a general court-martial, other than a general	1590
court-martial composed of a military judge only, is reduced below	1591
five members, the trial may not proceed unless the convening	1592
authority details new members sufficient in number to provide not	1593
lessfewer than five members. When the new members have been	1594
sworn, the trial may proceed with the new members present after	1595
the recorded evidence previously introduced before the members of	1596
the court has been read to the court in the presence of the	1597
military judge, the accused, and counsel for both sides.	1598

(C) Whenever a special court-martial, other than a special	1599
court-martial composed of a military judge only, is reduced below	1600
three members, the trial may not proceed unless the convening	1601
authority details new members sufficient in number to provide not	1602
lessfewer than three members. When the new members have been	1603
sworn, the trial shall proceed with the new members present as if	1604
no evidence had previously been introduced at the trial, unless a	1605
verbatim record of the evidence previously introduced before the	1606
members of the court or a stipulation thereof is read to the court	1607
in the presence of the military judge, if any, the accused, and	1608
counsel for both sides.	1609

(D) If the military judge of a court-martial composed of a	1610
military judge only is unable to proceed with the trial because of	1611
physical disability, as a result of a challenge, or for other good	1612
cause, the trial shall proceed, subject to any applicable	1613
conditions of division (B)(1)(b) or division (B)(2)(c) of section	1614
5924.16 of the Revised Code, after the detail of a new military	1615
judge as if no evidence had previously been introduced, unless a	1616
verbatim record of the evidence previously introduced or a	1617
stipulation thereof is read in court in the presence of the new	1618
military judge, the accused, and counsel for both sides.	1619

Sec. 5924.30.  (A) Charges and specifications shall be signed	1620
by a person subject to this code under oath before a person	1621
commissioned officer of the organized militia authorized by this	1622
code to administer oaths and shall state both of the following:	1623

(1) That the signer has personal knowledge of, or has	1624
investigated, the matters set forth thereinin the charges and	1625
specifications; and	1626

(2) That theythose matters are true in fact to the best of	1627
histhe person's knowledge and belief.	1628

(B) Upon the preferring of charges, the proper authority	1629
shall take immediate steps to determine whatthe disposition that	1630
should be made thereofof the charges in the interest of justice	1631
and discipline, and the person accused shall be informed of the	1632
charges against him as soon as practicable.	1633

Sec. 5924.31.  (A) No person subject to this code may compel	1634
any other person to incriminate himselfthe other person or to	1635
answer any question, the answer to which may tend to incriminate	1636
himthe other person.	1637

(B) No person subject to this code may interrogate, or	1638
request any statement from an accused or a person suspected of an	1639
offense, without first informing himthe accused or person	1640
suspected of the nature of the accusation and advising himthe	1641
accused or person suspected that hethe accused or person	1642
suspected does not have to make any statement regarding the	1643
offense of which hethe accused or person suspected is accused or	1644
suspected and that any statement made by himthe accused or person	1645
suspected may be used as evidence against himthe accused or	1646
person suspected in a trial by court-martial.	1647

(C) No person subject to this code may compel any other	1648
person to make a statement or produce evidence before any military	1649
tribunalcourt-martial if the statement or evidence is not	1650
material to the issue and may tend to degrade himthe other	1651
person.	1652

(D) No statement obtained from any person in violation of	1653
this section, or through the use of coercion, unlawful influence,	1654
or unlawful inducement may be received in evidence against himthe	1655
person in a trial by court-martial.	1656

Sec. 5924.32.  (A) No charge or specification may be referred	1657
to a general court-martial for trial until a thorough and	1658
impartial investigation of all the matters set forth thereinin	1659
the charge or specification has been made. This investigation	1660
shall include inquiry as to the truth of the matter set forth in	1661
the charges, consideration of the form of charges, and a	1662
recommendation as to the disposition whichthat should be made of	1663
the case in the interest of justice and discipline.	1664

(B) The accused shall be advised of the charges against him	1665
the accused and of histhe accused's right to be represented at	1666
that investigation by counsel. Upon histhe accused's own request	1667
he, the accused shall be represented by civilian counsel if	1668
provided by himthe accused at the accused's own cost, or by	1669
military counsel of histhe accused's own selection if such	1670
counsel is reasonably available, or by counsel detailed by the	1671
officer exercising general court-martial jurisdiction over the	1672
command. At that investigation full opportunity shall be given to	1673
the accused to cross-examine witnesses against himthe accused if	1674
they are available and to present anything hethe accused may	1675
desire in histhe accused's own behalf, either in defense or	1676
mitigation, and the investigating officer shall examine reasonably	1677
available witnesses requested by the accused. If the charges are	1678
forwarded after the investigation, they shall be accompanied by a	1679
statement of the substance of the testimony taken on both sides,	1680
and a copy thereofof that statement shall be given to the	1681
accused.	1682

(C) If an investigation of the subject matter of an offense	1683
has been conducted before the accused is charged with the offense,	1684
and if the accused was present at the investigation and afforded	1685
the opportunities for representation, cross-examination, and	1686
presentation prescribed in division (B) of this section, no	1687
further investigation of that charge is necessary under this	1688
section unless it is demanded by the accused after hethe accused	1689
is informed of the charge. A demand for further investigation	1690
entitles the accused to recall witnesses for further	1691
cross-examination and to offer any new evidence in histhe	1692
accused's own behalf.	1693

(D) The requirements of this section are binding on all	1694
persons administering this code but failure to follow them does	1695
not divest a military court of jurisdiction.	1696

Sec. 5924.33.  When a person is held for trial by general	1697
court-martial, the commanding officer shall, within eight daysnot	1698
later than the eighth day after the accused is ordered into arrest	1699
or confinement, if practicable, forward the charges, together with	1700
the investigation and allied papers, to the governorgeneral	1701
court-martial convening authority. If that is not practicable, he	1702
the commanding officer shall report in writing to the governor	1703
convening authority the reasons for delay.	1704

Sec. 5924.34.  (A) Before directing the trial of any charge	1706
by general court-martial, the convening authority shall refer it	1707
to the stateconvening authority's staff judge advocate or legal	1708
officer for consideration and advice. The convening authority may	1709
not refer a charge to a general court-martial for trial unless he	1710
the convening authority has found that the charge alleges an	1711
offense under this code and is warranted by evidence indicated in	1712
the report of the investigation.	1713

(B) If the charges or specifications are not formally correct	1714
or do not conform to the substance of the evidence contained in	1715
the report of the investigating officer, formal corrections and	1716
such changes in the charges and specifications as are needed to	1717
make them conform to the evidence may be made.	1718

Sec. 5924.35.  The trial counsel to whom court-martial	1719
charges are referred for trial shall cause to be served upon the	1720
accused a copy of the charges upon which trial is to be had. In	1721
Except in time of peacedeclared war, no person may, against his	1722
the person's objection, be brought to trial or be required to	1723
participate by himselfalone or with counsel in a session called	1724
by the military judge under division (A) of section 5924.39 of the	1725
Revised Code, in a general or special court-martial case within a	1726
period of five daystwenty-four hours after the service of charges	1727
upon him, or in a special court-martial within a period of three	1728
days after the service of the charges upon himthe person.	1729

Sec. 5924.36.  The procedure, including modes of proof, in	1730
cases before military courts and other military tribunals may be	1731
prescribed by the governoradjutant general by regulations, which	1732
that shall, so far as hethe adjutant general considers	1733
practicable, apply the principles of law and the rules of evidence	1734
generally recognized in the trial of criminal cases in the courts	1735
of thethis state, but whichthat may not be contrary to or	1736
inconsistent with this code.	1737

Sec. 5924.37.  (A) No authority convening a general, special,	1738
or summary court-martial, nor any other commanding officer, or	1739
officer serving on the staff thereof,of a convening authority or	1740
other commanding officer may censure, reprimand, or admonish the	1741
court or any member, military judge, or counsel thereofof the	1742
court, with respect to the findings or sentence adjudged by the	1743
court, or with respect to any other exercise of its or histhe	1744
member's, military judge's, or counsel's functions in the conduct	1745
of the proceeding. No person subject to this code may attempt to	1746
coerce or, by any unauthorized means, influence the action of the	1747
court-martial or any other military tribunal or any member thereof	1748
of the court-martial or military tribunal in reaching the findings	1749
or sentence in any case, or the action of any convening,	1750
approving, or reviewing authority with respect to histhe	1751
authority's judicial acts. This division does not apply to:	1752

(1) General instructional or informational courses in	1753
military justice, if such courses are designed solely for the	1754
purpose of instructing members of a command in the substantive and	1755
procedural aspects of courts-martial;	1756

(2) Statements and instructions given in open court by the	1757
military judge, the president of a special court-martial, or	1758
counsel.	1759

(B) In the preparation of an effectiveness,a fitness, or	1760
efficiencyevaluation, or performance report, or any other report	1761
or document used in whole or in part for the purpose of	1762
determining whether a member of the organized militia is qualified	1763
to be advanced in grade, or in determining the assignment or	1764
transfer of a member of the organized militia, or in determining	1765
whether a member of the organized militia should be retained in an	1766
active statuson duty, no person subject to this code may, in	1767
preparing any such reportdo either of the following:	1768

(1) Consider or evaluate the performance of duty of any such	1769
the member as a member of a court-martial;	1770

(2) Give a less favorable rating or evaluation of any member	1771
of the organized militia because of the zeal with which suchthe	1772
member, as counsel, represented any accused before a	1773
court-martial.	1774

Sec. 5924.38.  (A) The trial counsel of a general or special	1775
court-martial shall prosecute in the name of the state, and shall,	1776
under the direction of the court, prepare the record of the	1777
proceedings.	1778

(B) The accused has the right to be represented in histhe	1779
accused's defense before a general or special court-martial by	1780
civilian counsel if provided by himthe accused at the accused's	1781
own cost, or by military counsel of histhe accused's own	1782
selection if reasonably available, or by thedetailed military	1783
defense counsel detailed under section 5924.27 of the Revised	1784
Code. Should the accused have civilian counsel of histhe	1785
accused's own selection, the defense counsel, and any assistant	1786
defense counsel, if any, who were detailed, shall, if the accused	1787
so desires, act as histhe accused's associate counsel; otherwise	1788
they shall be excused by the military judge or by the president of	1789
a court-martial without a military judge.	1790

(C) In every court-martial proceeding, the defense counsel	1791
may, in the event of conviction, forward for attachment to the	1792
record of proceedings a brief of such matters as hethe defense	1793
counsel feels should be considered in behalf of the accused on	1794
review, including any objection to the contents of the record	1795
which hethe defense counsel considers appropriate.	1796

(D) An assistant trial counsel of a general court-martial	1797
may, under the direction of the trial counsel or when hethe	1798
assistant trial counsel is qualified to be a trial counsel as	1799
required by section 5924.27 of the Revised Code, perform any duty	1800
imposed by law, regulation, or the custom of the service upon the	1801
trial counsel of the court. An assistant trial counsel of a	1802
special court-martial may perform any duty of the trial counsel.	1803

(E) An assistant defense counsel of a general or special	1804
court-martial may, under the direction of the defense counsel or	1805
when hethe assistant defense counsel is qualified to be the	1806
defense counsel as required by section 5924.27 of the Revised	1807
Code, perform any duty imposed by law, regulation, or the custom	1808
of the service upon counsel for the accused.	1809

Sec. 5924.39.  (A) At any time after the service of charges	1810
whichthat have been referred for trial to a court-martial	1811
composed of a military judge and members, the military judge may,	1812
subject to section 5924.35 of the Revised Code, call the court	1813
into session without the presence of the members for the following	1814
purposes:	1815

(1) Hearing and determining motions raising defenses or	1816
objections whichthat are capable of determination without trial	1817
of the issues raised by a plea of not guilty;	1818

(2) Hearing and ruling upon any matter whichthat may be	1819
ruled upon by the military judge under this code, whether or not	1820
the matter is appropriate for later consideration or decision by	1821
the members of the court;	1822

(3) If permitted by regulations prescribed by the governor,	1823
holding the arraignment and receiving the pleas of the accused;	1824

(4) Performing any other procedural function whichthat may	1825
be performed by the military judge under this code or under rules	1826
regulations prescribed pursuant to section 5924.36 of the Revised	1827
Code and whichthat does not require the presence of the members	1828
of the court.	1829

These proceedings shall be conducted in the presence of the	1830
accused, the defense counsel, and the trial counsel, and shall be	1831
made a part of the record.	1832

(B) When the members of a court-martial deliberate or vote,	1833
only the members may be present. All other proceedings, including	1834
any other consultation of the members of the court with counsel or	1835
the military judge, shall be made a part of the record and shall	1836
be in the presence of the accused, the defense counsel, the trial	1837
counsel, and, in cases in which a military judge has been detailed	1838
to the court, the military judge.	1839

Sec. 5924.41.  (A) The military judge and members of a	1840
general or special court-martial may be challenged by the accused	1841
or the trial counsel for cause stated to the court. The military	1842
judge or, if none, the court, shall determine the relevancy and	1843
validity of challenges for cause, and may not receive a challenge	1844
to more than one person at a time. Challenges by the trial counsel	1845
shall ordinarily be presented and decided before those by the	1846
accused are offered.	1847

(B) Each accused and the trial counsel is entitled to one	1848
peremptory challenge, but the military judge may not be challengd	1849
challenged except for cause.	1850

(C) If the exercise of a peremptory challenge reduces the	1851
number of members of a court-martial below the minimum required	1852
under section 5924.16 of the Revised Code, any remaining	1853
peremptory challenges shall be exercised or waived before	1854
additional members are detailed.	1855

(D) Additional members detailed to a court-martial may be	1856
challenged for cause as provided in division (A) of this section.	1857
After challenges for cause against the additional members are	1858
presented and decided, each accused and trial counsel is entitled	1859
to one peremptory challenge against members not previously	1860
challenged peremptorily.	1861

Sec. 5924.42.  (A) Before performing their respective duties,	1862
military judges, interpreters, members of general and special	1863
courts-martial, the trial counsel, the assistant trial counsel,	1864
the defense counsel, the assistant defense counsel, and reporters	1865
shall take an oath or affirmation to perform their duties	1866
faithfully. The form of the oath or affirmation, the time and	1867
place of the taking thereof, the manner of recording, and whether	1868
the oath shall be taken for all cases in which these duties are to	1869
be performed or for a particular case, shall be as prescribed in	1870
regulations promulgated by the governor. These regulations may	1871
provide that an oath or affirmation to faithfully perform duties	1872
as a military judge, trial counsel, assistant trial counsel,	1873
defense counsel, or assistant defense counsel may be taken at any	1874
time by any judge advocate, law specialist, or other person	1875
certified to be qualified or competent for the duty, and if such	1876
oath is taken it need not again be taken at the time the judge	1877
advocate, law specialist, or other person is detailed to that duty	1878
in the presence of the accused and shall be substantially as	1879
follows:	1880

(1) For a member of the court:

1881

"You, .........., do swear (or affirm) that you will	1882
faithfully perform all the duties incumbent upon you as a member	1883
of this court; that you will faithfully and impartially try,	1884
according to the evidence, your conscience, and the laws and	1885
regulations provided for trials by courts-martial, the case of	1886
(the) (each) accused now before this court; and that if any doubt	1887
should arise not explained by the laws and regulations, then	1888
according to the best of your understanding and the customs of the	1889
service in like cases; that you will not divulge the findings or	1890
sentence in any case until they shall have been duly announced by	1891
the court; and that you will not disclose or discover the vote or	1892
opinion of any particular member of the court upon a challenge or	1893
upon the findings or sentence unless required to do so before a	1894
court of justice in due course of law. So help you God (or under	1895
penalty of perjury)."	1896

(2) For a military judge:

1897

"You, .........., do swear (or affirm) that you will	1898
faithfully and impartially perform, according to your conscience	1899
and the laws and regulations provided for trials by	1900
courts-martial, all the duties incumbent upon you as military	1901
judge of this court; that if any doubt should arise not explained	1902
by the laws and regulations, then according to the best of your	1903
understanding and the customs of the service in like cases; and	1904
that you will not divulge the findings or sentence in any case	1905
until they shall have been duly announced by the court. So help	1906
you God (or under penalty of perjury)."	1907

(3) For trial counsel and assistant trial counsel:

1908

"You, .........., do swear (or affirm) that you will	1909
faithfully perform the duties of trial counsel and will not	1910
divulge the findings or sentence of the court to any but the	1911
proper authority until they shall be duly disclosed. So help you	1912
God (or under penalty of perjury)."	1913

(4) For defense counsel and assistant defense counsel:

1914

"You, .........., do swear (or affirm) that you will	1915
faithfully perform the duties of defense counsel and will not	1916
divulge the findings or sentence of the court to any but the	1917
proper authority until they shall be duly disclosed. So help you	1918
God (or under penalty of perjury)."	1919

(5) For a reporter or interpreter:

1920

"You, ..........., do swear (or affirm) that you will	1921
faithfully perform the duties of reporter (or interpreter) to this	1922
court. So help you God (or under penalty of perjury)."	1923

(B) Each witness before a military courtcourt-martial shall	1924
be examined on oath or affirmation. The presiding officer shall	1925
administer an oath or affirmation in substantially the following	1926
form:	1927

"You, .........., do swear (or affirm) that the evidence you	1928
shall give in the case now in hearing shall be the truth, the	1929
whole truth, and nothing but the truth. So help you God (or under	1930
penalty of perjury)."	1931

Sec. 5924.43.  (A) A person charged with desertion or absence	1932
without leave in time of war, or with aiding the enemy or with	1933
mutiny, or with murder, may be tried and punished at any time	1934
without limitation.	1935

(B) Except as otherwise provided in this section, a person	1936
charged with desertion in time of peace or any of the offenses	1937
punishable under sections 5924.119 to 5924.132 of the Revised	1938
Code, is not liable to be tried by court-martial if the offense	1939
was committed more than three years before the receipt of sworn	1940
charges and specifications by an officer exercising summary	1941
court-martial jurisdiction over the command.	1942

(C) Except as otherwise provided in this section, a person	1943
charged with anyan offense punishable under this code is not	1944
liable to be tried by court-martial or punished under section	1945
5924.15 of the Revised Code if the offense was committed more than	1946
twofour years before the receipt of sworn charges and	1947
specifications by an officer exercising summary court-martial	1948
jurisdiction over the command or before the imposition of	1949
punishment under section 5924.15 of the Revised Code.	1950

(D)(B) Periods in which the accused was absent from territory	1951
in which the state has the authority to apprehend him, oris in	1952
the custody of civil authorities, or in the hands of the enemy,	1953
shall be excluded in computing the period of limitation prescribed	1954
in this section.	1955

Sec. 5924.44.  (A) No person may, without his consent, be	1956
tried a second time in any military or civil courtcourt-martial	1957
of thethis state for the same offense.	1958

(B) No proceeding in which an accused has been found guilty	1959
by a court-martial upon any charge or specification is a trial in	1960
the sensefor purposes of this section until the finding of guilty	1961
has become final after review of the case has been fully	1962
completed.	1963

(C) A proceeding whichthat, after the introduction of	1964
evidence but before a finding, is dismissed or terminated by the	1965
convening authority or on motion of the prosecution for failure	1966
want of available evidence or witnesses without any fault of the	1967
accused is a trial in the sensefor purposes of this section.	1968

Sec. 5924.45.  (A) If anAn accused after arraignment makes	1969
an irregular pleading, or after a plea of guilty sets up matter	1970
inconsistent with the plea, or if it appears that he has entered	1971
the plea of guilty improvidently or through lack of understanding	1972
of its meaning and effect, or if he fails or refuses tomay plead,	1973
a plea of not guilty shall be entered in the record, and the court	1974
shall proceed as though he had pleaded not guilty.	1975

(B) A plea of guilty by the accused may not be accepted to	1976
any charge or specification alleging an offense for which the	1977
death penalty may be adjudged. If a plea of guilty has been	1978
accepted by the military judge or by a court-martial without a	1979
military judge, a finding of guilty, if permitted by regulations	1980
promulgated by the governor, shall be entered immediately without	1981
vote and shall constitute the finding of the court. If the plea of	1982
guilty is withdrawn prior to announcement of the sentence, the	1983
proceedings shall continue as though the accused had pleaded, not	1984
guilty by reason of insanity, guilty, or, with the consent of the	1985
court, no contest. A plea of not guilty by reason of insanity	1986
shall be made in writing by either the accused or the accused's	1987
attorney. All other pleas may be made orally. The pleas of not	1988
guilty and not guilty by reason of insanity may be joined.	1989

(B) If an accused refuses to plead, the court shall enter a	1990
plea of not guilty on behalf of the accused.	1991

(C) Before accepting a plea of guilty, the military judge	1992
shall address the accused personally and inform the accused of,	1993
and determine that the accused understands, all of the following:	1994

(1) The nature of the offense to which the plea is offered	1995
and the maximum possible penalty provided by law;	1996

(2) In a general or special court-martial, if the accused is	1997
not represented by counsel, that the accused has the right to be	1998
represented by counsel at every stage of the proceedings;	1999

(3) That the accused has the right to plead not guilty or to	2000
persist in that plea if already made, that the accused has the	2001
right to be tried by a court-martial, and that at trial the	2002
accused has the right to confront and cross-examine witnesses	2003
against the accused and the right against self-incrimination.	2004

(4) That if the accused pleads guilty, there will not be a	2005
trial of any kind as to those offenses to which the accused has so	2006
pleaded and that by pleading guilty the accused waives the rights	2007
described in division (C)(3) of this section;	2008

(5) That, if the accused pleads guilty, the military judge	2009
will question the accused about the offenses to which the accused	2010
has pleaded guilty, and that, if the accused answers the questions	2011
under oath, on the record, and in the presence of counsel, the	2012
accused's answers may later be used against the accused in a	2013
prosecution for perjury or false statement.	2014

(D) The military judge shall not accept a plea of guilty	2015
without first addressing the accused personally and determining	2016
that the plea is voluntary and not the result of fear, threats, or	2017
promises. The military judge shall also inquire as to whether the	2018
accused's willingness to plead guilty results from prior	2019
discussions between the convening authority, a representative of	2020
the convening authority, or trial counsel and the accused or	2021
defense counsel.	2022

(E) The military judge shall not accept a plea of guilty	2023
without making an inquiry of the accused that satisfies the	2024
military judge that there is a factual basis for the plea. The	2025
accused shall be questioned under oath about the offenses charged.	2026

(F) When a negotiated plea of guilty or no contest to one or	2027
more offenses charged or to one or more other or lesser offenses	2028
is offered, the underlying agreement upon which the plea is based	2029
shall be stated on the record in open court.	2030

(G) If the court refuses to accept a plea of guilty or no	2031
contest, the court shall enter a plea of not guilty on behalf of	2032
the accused, and neither plea shall be admissible in evidence or	2033
be the subject of comment by the trial counsel or court.	2034

(H) The defense of not guilty by reason of insanity must be	2035
pleaded at the time of arraignment, except that the court for good	2036
cause shown shall permit a plea of not guilty by reason of	2037
insanity to be entered at any time before trial.	2038

(I) A motion to withdraw a plea of guilty or no contest may	2039
be made only before sentence is imposed, but to correct manifest	2040
injustice the court after sentence may set aside the judgment of	2041
conviction and permit the accused to withdraw the plea.	2042

(J) An accused who is found guilty after pleading guilty	2043
waives any objection, whether or not previously raised, relating	2044
to the factual issue of guilt of the offense to which the plea was	2045
made.	2046

Sec. 5924.46.  (A) The trial counsel, the defense counsel,	2047
and the court-martial shall have equal opportunity to obtain	2048
witnesses and other evidence in accordance with such regulations	2049
as the governoradjutant general may prescribe.	2050

(B) The president of a court-martial or a summary court	2051
officer may:	2052

(1) Issue a warrant for the arrest of any accused person who,	2053
having been served with a warrant and a copy of the charges,	2054
disobeys a written order by the convening authority to appear	2055
before the court;	2056

(2) Issue subpoenas duces tecum and other subpoenas;

2057

(3) Enforce by attachment the attendance of witnesses and the	2058
production of books and papers; and	2059

(4) Sentence for refusal to be sworn or to answer, as	2060
provided in actions before civil courts of the state.	2061

(C) Process issued in court-martial cases to compel witnesses	2062
to appear and testify and to compel the production of other	2063
evidence shall be substantially similar to process that may be	2064
issued by the courts of this state in criminal cases and shall run	2065
to any part of the state.	2066

Sec. 5924.47. (A) Any person not subject to this code who:

2067

(1) Hashas been duly subpoenaed to appear as a witness or to	2068
produce books and records before a military court or before any	2069
military or civil officer designated to take a deposition to be	2070
read in evidence before such a military court;	2071

(2) Hasor has been duly paid or tendered the fees and	2072
mileage of a witness at the rates provided for under section	2073
119.094 of the Revised Code; and	2074

(3) Willfullywho willfully neglects or refuses to appear, or	2075
refuses to qualify as a witness or to testify or to produce any	2076
evidence which that the person may have been legally subpoenaed	2077
to produce; is guilty of an offense against the state and, may be	2078
punished for contempt in the same manner as if committed before	2079
civil courts of the stateprovided for in Chapter 2705. of the	2080
Revised Code.	2081

Sec. 5924.48.  A military court, in the manner provided for	2082
in Chapter 2705. of the Revised Code, may punish for contempt any	2083
person who uses any menacing word, sign, or gesture in its	2084
presence, or who disturbs its proceedings by any riot or disorder.	2085
The punishment may not exceed confinement for thirty days or a	2086
fine of one hundred dollars, or bothis guilty of any act	2087
described in section 2705.02 of the Revised Code.	2088

Sec. 5924.49. (A) At any time after charges have been signed	2089
as provided in section 5924.30 of the Revised Code, any party may	2090
take oral or written depositions unless the military judge or	2091
court-martial without a military judge hearing the case or, if the	2092
case is not being heard, an authority competent to convene a	2093
court-martial for the trial of those charges forbids it for good	2094
cause. If a deposition is to be taken before charges are referred	2095
for trial, such an authority may designate commissioned officers	2096
to represent the prosecution and the defense and may authorize	2097
those officers to take the deposition of any witness.	2098

(B) The party at whose instance a deposition is to be taken	2099
shall give to every other party reasonable written notice of the	2100
time and place for taking the deposition.	2101

(C) Depositions may be taken before and authenticated by any	2102
military or civil officer authorized by the laws of the state or	2103
by the laws of the place where the deposition is taken to	2104
administer oaths.	2105

(D) A duly authenticated deposition, taken upon reasonable	2106
notice to the other parties, so far as otherwise admissible under	2107
the rules of evidence, may be read in evidence before any	2108
court-martial or in any proceeding before a court of inquiry, if	2109
it appears:	2110

(1) That the witness resides or is beyond the state in which	2111
the court-martial or court of inquiry is ordered to sit, or beyond	2112
the distance of one hundred miles from the place of trial or	2113
hearing;	2114

(2) That the witness by reason of death, age, sickness,	2115
bodily infirmity, imprisonment, military necessity, nonamenability	2116
to process, or other reasonable cause, is unable or refused to	2117
appear and testify in person at the place of trial or hearing;	2118

(3) That the present whereabouts of the witness is unknown;	2119
or	2120

(4) That the deposition was taken in the physical presence of	2121
the accusedin the manner and for the purposes provided in the	2122
Ohio Rules of Criminal Procedure.	2123

Sec. 5924.50.  (A) In any case not capital and not extending	2124
to the dismissal of a commissioned officer, the sworn testimony,	2125
contained in the duly authenticated record of proceedings of a	2126
courtboard of inquiry,officers of a person whose oral testimony	2127
cannot be obtained, may, if otherwise admissible under the rules	2128
of evidence, be read in evidence by any party before a	2129
court-martial if the accused was a party before the courtboard of	2130
inquiryofficers and if the same issue was involved or if the	2131
accused consents to the introduction of such evidence, and if the	2132
accused was physically present when the testimony was taken.	2133

(B) Such testimony may be read in evidence only by the	2134
defense in cases extending to the dismissal of a commissioned	2135
officer.	2136

(C) Such testimony may also be read in evidence before a	2137
court of inquiry or a military board of officers.	2138

Sec. 5924.501.  (A) In an action under this code, the	2139
military judge, trial counsel, defense counsel, or civilian	2140
counsel may raise the issue of the accused's competence to stand	2141
trial. If the issue is raised before the trial has commenced, the	2142
court shall hold a hearing on the issue as provided in this	2143
section. If the issue is raised after the trial has commenced, the	2144
court shall hold a hearing on the issue only for good cause shown	2145
or on the court's own motion.	2146

(B) The court shall conduct the hearing required or	2147
authorized under division (A) of this section within thirty days	2148
after the issue is raised unless the accused has been referred for	2149
evaluation in which case the court shall conduct the hearing	2150
within ten days after the filing of the report of the evaluation.	2151
A hearing may be continued for good cause.	2152

(C) The accused shall be represented by counsel at the	2153
hearing conducted under division (B) of this section.	2154

(D) The trial counsel and defense counsel may submit evidence	2155
on the issue of the accused's competence to stand trial. A written	2156
report of the evaluation of the accused may be admitted into	2157
evidence at the hearing by stipulation, but, if either the	2158
government or defense objects to its admission, the report may be	2159
admitted under seal of court in camera to the military judge.	2160

(E) The court shall not find an accused incompetent to stand	2161
trial solely because the accused is receiving or has received	2162
treatment as a voluntary or involuntary mentally ill patient under	2163
Chapter 5122. of the Revised Code or because the accused is	2164
receiving or has received psychotropic drugs or other medication,	2165
even if the accused might become incompetent to stand trial	2166
without the drugs or medication.	2167

(F) An accused is presumed to be competent to stand trial.	2168
If, after a hearing, the court finds by a preponderance of the	2169
evidence that, because of the accused's present mental condition,	2170
the accused is incapable of understanding the nature and objective	2171
of the proceedings against the accused or of assisting in the	2172
accused's defense, the court shall find the accused incompetent to	2173
stand trial and shall enter an order authorized by section	2174
5924.503 of the Revised Code.	2175

Sec. 5924.502.  (A) If the issue of an accused's competence	2176
to stand trial is raised or if an accused enters a plea of not	2177
guilty by reason of insanity, the court may order one or more	2178
evaluations of the accused's present mental condition or, in the	2179
case of a plea of not guilty by reason of insanity, of the	2180
accused's mental condition at the time of the offense charged. An	2181
examiner shall conduct the evaluation.	2182

(B) If the court orders more than one evaluation under	2183
division (A) of this section, the trial counsel and the defense	2184
counsel may recommend to the court an examiner whom each prefers	2185
to perform one of the evaluations. If an accused enters a plea of	2186
not guilty by reason of insanity and if the court does not	2187
designate an examiner recommended by the defense counsel, the	2188
court shall inform the accused that the accused may have	2189
independent expert evaluation and that it will be obtained for the	2190
accused at public expense.	2191

(C) If the court orders an evaluation under division (A) of	2192
this section, the accused shall be available at the times and	2193
places established by the examiners who are to conduct the	2194
evaluation. The court may order an accused who is not being held	2195
in pretrial confinement to submit to an evaluation under this	2196
section. If an accused who is not being held in pretrial	2197
confinement refuses to submit to a complete evaluation, the court	2198
may order the sheriff to take the accused into custody and deliver	2199
the accused to a center, program, or facility operated or	2200
certified by the department of mental health where the accused may	2201
be held for evaluation for a reasonable period of time not to	2202
exceed twenty days.	2203

(D) An accused who is being held in pretrial confinement may	2204
be evaluated at the accused's place of detention. Upon the request	2205
of the examiner, the court may order the sheriff to transport the	2206
accused to a program or facility operated or certified by the	2207
department of mental health, where the accused may be held for	2208
evaluation for a reasonable period of time not to exceed twenty	2209
days, and to return the accused to the place of detention after	2210
the evaluation.	2211

(E) If a court orders the evaluation to determine an	2212
accused's mental condition at the time of the offense charged, the	2213
court shall inform the examiner of the offense with which the	2214
accused is charged.	2215

(F) In conducting an evaluation of an accused's mental	2216
condition at the time of the offense charged, the examiner shall	2217
consider all relevant evidence. If the offense charged involves	2218
the use of force against another person, the relevant evidence to	2219
be considered includes, but is not limited to, any evidence that	2220
the accused suffered at the time of the commission of the offense	2221
from the "battered woman syndrome."	2222

(G) The examiner shall file a written report with the court	2223
within thirty days after entry of a court order for evaluation,	2224
and the court shall provide copies of the report to the trial	2225
counsel and defense counsel. The report shall include all of the	2226
following:	2227

(1) The examiner's findings;

2228

(2) The facts in reasonable detail on which the findings are	2229
based;	2230

(3) If the evaluation was ordered to determine the accused's	2231
competence to stand trial, all of the following findings or	2232
recommendations that are applicable:	2233

(a) Whether the accused is capable of understanding the	2234
nature and objective of the proceedings against the accused or of	2235
assisting in the accused's defense;	2236

(b) If the examiner's opinion is that the accused is	2237
incapable of understanding the nature and objective of the	2238
proceedings against the accused or of assisting in the accused's	2239
defense, whether the accused presently is mentally ill;	2240

(c) If the examiner's opinion is that the accused is	2241
incapable of understanding the nature and objective of the	2242
proceedings against the accused or of assisting in the accused's	2243
defense, the examiner's opinion as to the likelihood of the	2244
accused becoming capable of understanding the nature and objective	2245
of the proceedings against the accused and of assisting in the	2246
accused's defense within one year if the accused is provided with	2247
a course of treatment;	2248

(d) If the examiner's opinion is that the accused is	2249
incapable of understanding the nature and objective of the	2250
proceedings against the accused or of assisting in the accused's	2251
defense and that the accused presently is mentally ill, the	2252
examiner's recommendation as to the least restrictive placement or	2253
commitment alternative, consistent with the accused's treatment	2254
needs for restoration to competency and with the safety of the	2255
community;	2256

(e) If the accused is charged before a special or summary	2257
court-martial with an offense that is not a violation of section	2258
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2259
examiner's opinion is that the accused is incapable of	2260
understanding the nature and objective of the proceedings against	2261
the accused or of assisting in the accused's defense and that the	2262
accused is presently mentally ill, the examiner's recommendation	2263
as to whether the accused is amenable to engagement in mental	2264
health treatment.	2265

(4) If the evaluation was ordered to determine the accused's	2266
mental condition at the time of the offense charged, the	2267
examiner's findings as to whether the accused at the time of the	2268
offense charged did not know, as a result of a severe mental	2269
disease or defect, the wrongfulness of the accused's acts charged.	2270

(H) An examiner appointed under divisions (A) and (B) of this	2271
section to evaluate an accused to determine the accused's	2272
competence to stand trial also may be appointed to evaluate an	2273
accused who has entered a plea of not guilty by reason of	2274
insanity, but an examiner of that nature shall prepare separate	2275
reports on the issue of competence to stand trial and the defense	2276
of not guilty by reason of insanity.	2277

(I) No statement that an accused makes in an evaluation or	2278
hearing under divisions (A) to (H) of this section relating to the	2279
accused's competence to stand trial or to the accused's mental	2280
condition at the time of the offense charged may be used against	2281
the accused on the issue of guilt in any criminal action or	2282
proceeding, but, in a criminal action or proceeding, the trial	2283
counsel or defense counsel may call as a witness any person who	2284
evaluated the accused or prepared a report pursuant to a referral	2285
under this section. Neither the appointment nor the testimony of	2286
an examiner appointed under this section precludes the trial	2287
counsel or defense counsel from calling other witnesses or	2288
presenting other evidence on competency or insanity issues.	2289

(J) Persons appointed as examiners under divisions (A) and	2290
(B) of this section or under division (H) of this section shall be	2291
paid a reasonable amount for their services and expenses, as	2292
certified by the court.	2293

Sec. 5924.503.  (A) If the issue of an accused's competence	2294
to stand trial is raised and if the court, upon conducting the	2295
hearing provided for in section 5924.502 of the Revised Code,	2296
finds that the accused is competent to stand trial, the accused	2297
shall be proceeded against as provided by law. If the court finds	2298
the accused competent to stand trial and the accused is receiving	2299
psychotropic drugs or other medication, the court may authorize	2300
the continued administration of the drugs or medication or other	2301
appropriate treatment in order to maintain the accused's	2302
competence to stand trial unless the accused's attending physician	2303
advises the court against continuation of the drugs, other	2304
medication, or treatment.	2305

(B)(1)(a) If, after taking into consideration all relevant	2306
reports, information, and other evidence, the court finds that the	2307
accused is incompetent to stand trial and that there is a	2308
substantial probability that the accused will become competent to	2309
stand trial within one year if the accused is provided with a	2310
course of treatment, the court shall order the accused to undergo	2311
treatment. If the accused is being tried by a general	2312
court-martial and if, after taking into consideration all relevant	2313
reports, information, and other evidence, the court finds that the	2314
accused is incompetent to stand trial, but the court is unable at	2315
that time to determine whether there is a substantial probability	2316
that the accused will become competent to stand trial within one	2317
year if the accused is provided with a course of treatment, the	2318
court shall order continuing evaluation and treatment of the	2319
accused for a period not to exceed four months to determine	2320
whether there is a substantial probability that the accused will	2321
become competent to stand trial within one year if the accused is	2322
provided with a course of treatment.	2323

(b) The court order for the accused to undergo treatment or	2324
continuing evaluation and treatment under division (B)(1)(a) of	2325
this section shall specify that the accused, if determined to	2326
require mental health treatment or continuing evaluation and	2327
treatment, shall be committed to the department of mental health	2328
for treatment or continuing evaluation and treatment at a	2329
hospital, facility, or agency determined to be clinically	2330
appropriate by the department of mental health. The order may	2331
restrict the accused's freedom of movement as the court considers	2332
necessary. The trial counsel in the accused's case shall send to	2333
the chief clinical officer of the hospital, facility, or agency	2334
where the accused is placed by the department of mental health or	2335
to the managing officer of the institution, the director of the	2336
facility, or the person to which the accused is committed copies	2337
of relevant investigative reports and other background information	2338
that pertains to the accused and is available to the trial counsel	2339
unless the trial counsel determines that the release of any of the	2340
information in the investigative reports or any of the other	2341
background information to unauthorized persons would interfere	2342
with the effective prosecution of any person or would create a	2343
substantial risk of harm to any person.	2344

In committing the accused to the department of mental health,	2345
the court shall consider the extent to which the person is a	2346
danger to the person and to others, the need for security, and the	2347
type of crime involved and, if the court finds that restrictions	2348
on the accused's freedom of movement are necessary, shall specify	2349
the least restrictive limitations on the person's freedom of	2350
movement determined to be necessary to protect public safety. In	2351
weighing these factors, the court shall give preference to	2352
protecting public safety.	2353

(c) If the accused is found incompetent to stand trial, if	2354
the chief clinical officer of the hospital, facility, or agency	2355
where the accused is placed, or the managing officer of the	2356
institution, the director of the facility, or the person to which	2357
the accused is committed for treatment or continuing evaluation	2358
and treatment under division (B)(1)(b) of this section determines	2359
that medication is necessary to restore the accused's competency	2360
to stand trial, and if the accused lacks the capacity to give	2361
informed consent or refuses medication, the chief clinical officer	2362
of the hospital, facility, or agency where the accused is placed	2363
or the managing officer of the institution, the director of the	2364
facility, or the person to which the accused is committed for	2365
treatment or continuing evaluation and treatment may petition the	2366
court for authorization for the involuntary administration of	2367
medication. The court shall hold a hearing on the petition within	2368
five days of the filing of the petition. Following the hearing,	2369
the court may authorize the involuntary administration of	2370
medication or may dismiss the petition.	2371

(d) If the accused is charged before a special or summary	2372
court-martial with an offense that is not a violation of section	2373
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2374
counsel may hold the charges in abeyance while the accused engages	2375
in mental health treatment.	2376

(2) If the court finds that the accused is incompetent to	2377
stand trial and that, even if the accused is provided with a	2378
course of treatment, there is not a substantial probability that	2379
the accused will become competent to stand trial within one year,	2380
the court shall order the discharge of the accused, unless upon	2381
motion of the trial counsel or on its own motion, the court either	2382
seeks to retain jurisdiction over the accused pursuant to division	2383
(A)(2) of section 5924.504 of the Revised Code or files an	2384
affidavit in the probate court for the civil commitment of the	2385
accused pursuant to Chapter 5122. of the Revised Code alleging	2386
that the accused is a mentally ill person subject to	2387
hospitalization by court order. If an affidavit is filed in the	2388
probate court, the trial court shall send to the probate court	2389
copies of all written reports of the accused's mental condition	2390
that were prepared pursuant to section 5924.502 of the Revised	2391
Code.	2392

The trial court may issue the temporary order of detention	2393
that a probate court may issue under section 5122.11 of the	2394
Revised Code, to remain in effect until the probable cause or	2395
initial hearing in the probate court. Further proceedings in the	2396
probate court are civil proceedings governed by Chapter 5122. of	2397
the Revised Code.	2398

(C) No accused shall be required to undergo treatment,	2399
including any continuing evaluation and treatment, under division	2400
(B)(1) of this section for longer than whichever of the following	2401
periods is applicable:	2402

(1) One year, if the accused is being tried by a general	2403
court-martial;	2404

(2) Six months, if the accused is being tried before a	2405
special court-martial;	2406

(3) Sixty days, if the accused is being tried before a	2407
summary court-martial.	2408

(D) Any accused who is committed pursuant to this section	2409
shall not voluntarily admit the accused or be voluntarily admitted	2410
to a hospital or institution pursuant to section 5122.02 or	2411
5122.15 of the Revised Code.	2412

(E) Except as otherwise provided in this division, an accused	2413
who is charged with an offense and is committed by the court under	2414
this section to the department of mental health with restrictions	2415
on the accused's freedom of movement shall not be granted	2416
unsupervised on-grounds movement, supervised off-grounds movement,	2417
or nonsecured status except in accordance with the court order.	2418
The court may grant an accused supervised off-grounds movement to	2419
obtain medical treatment or specialized habilitation treatment	2420
services if the person who supervises the treatment or the	2421
continuing evaluation and treatment of the accused ordered under	2422
division (B)(1)(a) of this section informs the court that the	2423
treatment or continuing evaluation and treatment cannot be	2424
provided at the hospital or facility where the accused is placed	2425
by the department of mental health. The chief clinical officer of	2426
the hospital or facility where the accused is placed by the	2427
department of mental health or the managing officer of the	2428
institution or director of the facility to which the accused is	2429
committed or a designee of any of those persons may grant an	2430
accused movement to a medical facility for an emergency medical	2431
situation with appropriate supervision to ensure the safety of the	2432
accused, staff, and community during that emergency medical	2433
situation. The chief clinical officer of the hospital or facility	2434
where the accused is placed by the department of mental health or	2435
the managing officer of the institution or director of the	2436
facility to which the accused is committed shall notify the court	2437
within twenty-four hours of the accused's movement to the medical	2438
facility for an emergency medical situation under this division.	2439

(F) The person who supervises the treatment or continuing	2440
evaluation and treatment of an accused ordered to undergo	2441
treatment or continuing evaluation and treatment under division	2442
(B)(1)(a) of this section shall file a written report with the	2443
court at the following times:	2444

(1) Whenever the person believes the accused is capable of	2445
understanding the nature and objective of the proceedings against	2446
the accused and of assisting in the accused's defense;	2447

(2) Fourteen days before expiration of the maximum time for	2448
treatment as specified in division (C) of this section and	2449
fourteen days before the expiration of the maximum time for	2450
continuing evaluation and treatment as specified in division	2451
(B)(1)(a) of this section;	2452

(3) At a minimum, after each six months of treatment;

2453

(4) Whenever the person who supervises the treatment or	2454
continuing evaluation and treatment of an accused ordered under	2455
division (B)(1)(a) of this section believes that there is not a	2456
substantial probability that the accused will become capable of	2457
understanding the nature and objective of the proceedings against	2458
the accused or of assisting in the accused's defense even if the	2459
accused is provided with a course of treatment.	2460

(G) A report under division (F) of this section shall contain	2461
the examiner's findings, the facts in reasonable detail on which	2462
the findings are based, and the examiner's opinion as to the	2463
accused's capability of understanding the nature and objective of	2464
the proceedings against the accused and of assisting in the	2465
accused's defense. If, in the examiner's opinion, the accused	2466
remains incapable of understanding the nature and objective of the	2467
proceedings against the accused and of assisting in the accused's	2468
defense and there is a substantial probability that the accused	2469
will become capable of understanding the nature and objective of	2470
the proceedings against the accused and of assisting in the	2471
accused's defense if the accused is provided with a course of	2472
treatment, if in the examiner's opinion the accused remains	2473
mentally ill, and if the maximum time for treatment as specified	2474
in division (C) of this section has not expired, the report also	2475
shall contain the examiner's recommendation as to the least	2476
restrictive placement or commitment alternative that is consistent	2477
with the accused's treatment needs for restoration to competency	2478
and with the safety of the community. The court shall provide	2479
copies of the report to the trial counsel and defense counsel.	2480

(H) If an accused is committed pursuant to division (B)(1) of	2481
this section, within ten days after the treating physician of the	2482
accused or the examiner of the accused who is employed or retained	2483
by the treating facility advises that there is not a substantial	2484
probability that the accused will become capable of understanding	2485
the nature and objective of the proceedings against the accused or	2486
of assisting in the accused's defense even if the accused is	2487
provided with a course of treatment, within ten days after the	2488
expiration of the maximum time for treatment as specified in	2489
division (C) of this section, within ten days after the expiration	2490
of the maximum time for continuing evaluation and treatment as	2491
specified in division (B)(1)(a) of this section, within thirty	2492
days after an accused's request for a hearing that is made after	2493
six months of treatment, or within thirty days after being advised	2494
by the treating physician or examiner that the accused is	2495
competent to stand trial, whichever is the earliest, the court	2496
shall conduct another hearing to determine if the accused is	2497
competent to stand trial and shall do whichever of the following	2498
is applicable:	2499

(1) If the court finds that the accused is competent to stand	2500
trial, the accused shall be proceeded against as provided by law.	2501

(2) If the court finds that the accused is incompetent to	2502
stand trial, but that there is a substantial probability that the	2503
accused will become competent to stand trial if the accused is	2504
provided with a course of treatment, and the maximum time for	2505
treatment as specified in division (C) of this section has not	2506
expired, the court, after consideration of the examiner's	2507
recommendation, shall order that treatment be continued, may	2508
change least restrictive limitations on the accused's freedom of	2509
movement.	2510

(3) If the court finds that the accused is incompetent to	2511
stand trial, if the accused is being tried by a general	2512
court-martial, and if the court finds that there is not a	2513
substantial probability that the accused will become competent to	2514
stand trial even if the accused is provided with a course of	2515
treatment, or if the maximum time for treatment as specified in	2516
division (C) of this section has expired, further proceedings	2517
shall be as provided in sections 5924.504 to 5924.506 of the	2518
Revised Code.	2519

(4) If the court finds that the accused is incompetent to	2520
stand trial, if the accused is being tried before a special	2521
court-martial, and if the court finds that there is not a	2522
substantial probability that the accused will become competent to	2523
stand trial even if the accused is provided with a course of	2524
treatment, or if the maximum time for treatment as specified in	2525
division (C) of this section has expired, the court shall dismiss	2526
the charge against the accused. A dismissal under this division is	2527
not a bar to further prosecution based on the same conduct. The	2528
court shall discharge the accused unless the court or trial	2529
counsel files an affidavit in probate court for civil commitment	2530
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	2531
civil commitment is filed, the court may detain the accused for	2532
ten days pending civil commitment. All of the following provisions	2533
apply to persons being tried by a special court-martial who are	2534
committed by the probate court subsequent to the court's or trial	2535
counsel's filing of an affidavit for civil commitment under	2536
authority of this division:	2537

(a) The chief clinical officer of the entity, hospital, or	2538
facility, the managing officer of the institution, or the person	2539
to which the accused is committed or admitted shall do all of the	2540
following:	2541

(i) Notify the trial counsel in writing of the discharge of	2542
the accused, send the notice at least ten days prior to the	2543
discharge unless the discharge is by the probate court and state	2544
in the notice the date on which the accused will be discharged;	2545

(ii) Notify the trial counsel in writing when the accused is	2546
absent without leave or is granted unsupervised, off-grounds	2547
movement and send this notice promptly after the discovery of the	2548
absence without leave or prior to the granting of the	2549
unsupervised, off-grounds movement, whichever is applicable;	2550

(iii) Notify the trial counsel in writing of the change of	2551
the accused's commitment or admission to voluntary status, send	2552
the notice promptly upon learning of the change to voluntary	2553
status, and state in the notice the date on which the accused was	2554
committed or admitted on a voluntary status.	2555

(b) The trial counsel shall promptly inform the convening	2556
authority of any notification received under division (H)(4)(a) of	2557
this section. Upon receiving notice that the accused will be	2558
granted unsupervised, off-grounds movement, the convening	2559
authority either shall refer the charges against the accused to an	2560
investigating officer again or promptly notify the court that the	2561
convening authority does not intend to refer the charges against	2562
the accused again.	2563

(I) If an accused is convicted of a crime and sentenced to	2564
confinement, the accused's sentence shall be reduced by the total	2565
number of days the accused is confined for evaluation to determine	2566
the accused's competence to stand trial or treatment under this	2567
section and sections 5924.502 and 5924.504 of the Revised Code or	2568
by the total number of days the accused is confined for evaluation	2569
to determine the accused's mental condition at the time of the	2570
offense charged.	2571

Sec. 5924.504.  (A) If an accused being tried by a general	2572
court-martial is found incompetent to stand trial, after the	2573
expiration of the maximum time for treatment as specified in	2574
division (C) of section 5924.503 of the Revised Code or after the	2575
court finds that there is not a substantial probability that the	2576
accused will become competent to stand trial even if the accused	2577
is provided with a course of treatment, one of the following	2578
applies:	2579

(1) The court or the trial counsel may file an affidavit in	2580
probate court for civil commitment of the accused in the manner	2581
provided in Chapter 5122. of the Revised Code. If the court or	2582
trial counsel files an affidavit for civil commitment, the court	2583
may detain the accused for ten days pending civil commitment. If	2584
the probate court commits the accused subsequent to the court's or	2585
trial counsel's filing of an affidavit for civil commitment, the	2586
chief clinical officer of the entity, hospital, or facility, the	2587
managing officer of the institution, or the person to which the	2588
accused is committed or admitted shall send to the trial counsel	2589
the notices described in divisions (H)(4)(a)(i) to (iii) of	2590
section 5924.503 of the Revised Code within the periods of time	2591
and under the circumstances specified in those divisions.	2592

(2) On the motion of the trial counsel or on its own motion,	2593
the court may retain jurisdiction over the accused if at a hearing	2594
the court finds both of the following by clear and convincing	2595
evidence:	2596

(a) The accused committed the offense with which the accused	2597
is charged.	2598

(b) The accused is a mentally ill person subject to	2599
hospitalization by court order.	2600

(B) In making its determination under division (A)(2) of this	2601
section as to whether to retain jurisdiction over the accused, the	2602
court may consider all relevant evidence, including, but not	2603
limited to, any relevant psychiatric, psychological, or medical	2604
testimony or reports, the acts constituting the offense charged,	2605
and any history of the accused that is relevant to the accused's	2606
ability to conform to the law.	2607

(C) If the court conducts a hearing as described in division	2608
(A)(2) of this section and if the court does not make both	2609
findings described in divisions (A)(2)(a) and (b) of this section	2610
by clear and convincing evidence, the court shall dismiss the	2611
charges against the accused. Upon the dismissal, the court shall	2612
discharge the accused unless the court or trial counsel files an	2613
affidavit in probate court for civil commitment of the accused	2614
pursuant to Chapter 5122. of the Revised Code. If the court or	2615
trial counsel files an affidavit for civil commitment, the court	2616
may order that the accused be detained for up to ten days pending	2617
the civil commitment. If the probate court commits the accused	2618
subsequent to the court's or trial counsel's filing of an	2619
affidavit for civil commitment, the chief clinical officer of the	2620
entity, hospital, or facility, the managing officer of the	2621
institution, or the person to which the accused is committed or	2622
admitted shall send to the trial counsel the notices described in	2623
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	2624
Code within the periods of time and under the circumstances	2625
specified in those divisions. A dismissal of charges under this	2626
division is not a bar to further criminal proceedings based on the	2627
same conduct.	2628

(D)(1) If the court conducts a hearing as described in	2629
division (A)(2) of this section and if the court makes the	2630
findings described in divisions (A)(2)(a) and (b) of this section	2631
by clear and convincing evidence, the court shall commit the	2632
accused, if determined to require mental health treatment, to the	2633
department of mental health for treatment at a hospital, facility,	2634
or agency as determined clinically appropriate by the department	2635
of mental health. In committing the accused to the department of	2636
mental health, the court shall specify the least restrictive	2637
limitations on the accused's freedom of movement determined to be	2638
necessary to protect public safety.	2639

(2) If a court makes a commitment of an accused under	2640
division (D)(1) of this section, the trial counsel shall send to	2641
the hospital, facility, or agency where the accused is placed by	2642
the department of mental health or to the accused's place of	2643
commitment all reports of the accused's current mental condition	2644
and, except as otherwise provided in this division, any other	2645
relevant information, including, but not limited to, a transcript	2646
of the hearing held pursuant to division (A)(2) of this section,	2647
copies of relevant investigative reports, and copies of any prior	2648
arrest and conviction records that pertain to the accused and that	2649
the trial counsel possesses. The trial counsel shall send the	2650
reports of the accused's current mental condition in every case of	2651
commitment, and, unless the trial counsel determines that the	2652
release of any of the other relevant information to unauthorized	2653
persons would interfere with the effective prosecution of any	2654
person or would create a substantial risk of harm to any person,	2655
the trial counsel also shall send the other relevant information.	2656

(3) If a court makes a commitment under division (D)(1) of	2657
this section, all further proceedings shall be in accordance with	2658
Chapter 5122. of the Revised Code.	2659

Sec. 5924.505.  For purposes of sections 5924.502 and	2660
5924.506 of the Revised Code, a person is "not guilty by reason of	2661
insanity" relative to a charge of an offense only as described in	2662
division (A)(14) of section 2901.01 of the Revised Code. Proof	2663
that a person's reason, at the time of the commission of an	2664
offense, was so impaired that the person did not have the ability	2665
to refrain from doing the person's act or acts, does not	2666
constitute a defense.	2667

Sec. 5924.506.  (A) If an accused person is found not guilty	2668
by reason of insanity, the verdict shall state that finding, and	2669
the trial court shall conduct a full hearing to determine whether	2670
the person is a mentally ill person subject to hospitalization by	2671
court order. Prior to the hearing, if the military judge believes	2672
that there is probable cause that the person found not guilty by	2673
reason of insanity is a mentally ill person subject to	2674
hospitalization by court order, the military judge may issue a	2675
temporary order of detention for that person to remain in effect	2676
for ten court days or until the hearing, whichever occurs first.	2677

Any person detained pursuant to a temporary order of	2678
detention issued under this division shall be held in a suitable	2679
facility, taking into consideration the place and type of	2680
confinement prior to and during trial.	2681

(B) The court shall hold the hearing under division (A) of	2682
this section to determine whether the person found not guilty by	2683
reason of insanity is a mentally ill person subject to	2684
hospitalization by court order within ten court days after the	2685
finding of not guilty by reason of insanity. Failure to conduct	2686
the hearing within the ten-day period shall cause the immediate	2687
discharge of the respondent, unless the judge grants a continuance	2688
for not longer than ten court days for good cause shown or for any	2689
period of time upon motion of the respondent.	2690

(C) If a person is found not guilty by reason of insanity,	2691
the person has the right to attend a hearing conducted pursuant to	2692
this section. At the hearing, the court shall inform the person	2693
that the person has all of the following rights:	2694

(1) The right to be represented by defense counsel or to	2695
retain civilian counsel, if the person so chooses;	2696

(2) The right to have independent expert evaluation;

2697

(3) The right to subpoena witnesses and documents, to present	2698
evidence on the person's behalf, and to cross-examine witnesses	2699
against the person;	2700

(4) The right to testify in the person's own behalf and to	2701
not be compelled to testify;	2702

(5) The right to have copies of any relevant medical or	2703
mental health document in the custody of the state or of any place	2704
of commitment other than a document for which the court finds that	2705
the release to the person of information contained in the document	2706
would create a substantial risk of harm to any person.	2707

(D) The hearing under division (A) of this section shall be	2708
open to the public, and the court shall conduct the hearing in	2709
accordance with regulations prescribed by the adjutant general.	2710
The court shall make and maintain a full transcript and record of	2711
the hearing proceedings. The court may consider all relevant	2712
evidence, including, but not limited to, any relevant psychiatric,	2713
psychological, or medical testimony or reports, the acts	2714
constituting the offense in relation to which the person was found	2715
not guilty by reason of insanity, and any history of the person	2716
that is relevant to the person's ability to conform to the law.	2717

(E) Upon completion of the hearing under division (A) of this	2718
section, if the court finds there is not clear and convincing	2719
evidence that the person is a mentally ill person subject to	2720
hospitalization by court order, the court shall discharge the	2721
person, unless a detainer has been placed upon the person by the	2722
department of rehabilitation and correction, in which case the	2723
person shall be returned to that department.	2724

(F) If, at the hearing under division (A) of this section,	2725
the court finds by clear and convincing evidence that the person	2726
is a mentally ill person subject to hospitalization by court	2727
order, it shall commit the person to the department of mental	2728
health for placement in a hospital, facility, or agency as	2729
determined clinically appropriate by the department of mental	2730
health. Further proceedings shall be in accordance with Chapter	2731
5122. or 5123. of the Revised Code. In committing the accused to	2732
the department of mental health, the court shall specify the least	2733
restrictive limitations on the accused's freedom of movement	2734
determined to be necessary to protect public safety.	2735

(G) If a court makes a commitment of a person under division	2736
(F) of this section, the trial counsel shall send to the hospital,	2737
facility, or agency where the defendant is placed by the	2738
department of mental health or to the accused's place of	2739
commitment all reports of the person's current mental condition,	2740
and, except as otherwise provided in this division, any other	2741
relevant information, including, but not limited to, a transcript	2742
of the hearing held pursuant to division (A) of this section,	2743
copies of relevant investigative reports, and copies of any prior	2744
arrest and conviction records that pertain to the person and that	2745
the trial counsel possesses. The trial counsel shall send the	2746
reports of the person's current mental condition in every case of	2747
commitment, and, unless the trial counsel determines that the	2748
release of any of the other relevant information to unauthorized	2749
persons would interfere with the effective prosecution of any	2750
person or would create a substantial risk of harm to any person,	2751
the trial counsel also shall send the other relevant information.	2752

(H) A person who is committed pursuant to this section shall	2753
not voluntarily admit the person or be voluntarily admitted to a	2754
hospital or institution pursuant to sections 5122.02 and 5122.15	2755
of the Revised Code.	2756

Sec. 5924.51.  (A) Voting by members of a general or special	2757
court-martial on the findings and on the sentence, and by members	2758
of a court-martial without a military judge upon questions of	2759
challenge, shall be by secret written ballot. The junior member of	2760
the court shall in each case count the votes. The count shall be	2761
checked by the president, who shall forthwith announce the result	2762
of the ballot to the members of the court.	2763

(B) The military judge and, except for questions of	2764
challenge, the president of a court-martial without a military	2765
judge shall rule upon all questions of law and all interlocutory	2766
questions arising during the proceedings. Any such ruling made by	2767
the military judge upon any question of law or any interlocutory	2768
question other than the factual issue of mental responsibility of	2769
the accused, or by the president of a special court-martial,	2770
without a military judge upon any question of law other than a	2771
motion for a finding of not guilty, is final and constitutes the	2772
ruling of the court. However, the military judge or the president	2773
of a court-martial without a military judge may change the ruling	2774
at any time during the trial. Unless the ruling is final, if any	2775
member objects thereto, the court shall be cleared and closed and	2776
the question decided by a voice vote as provided in section	2777
5924.52 of the Revised Code, beginning with the junior in rank.	2778

(C) Before a vote is taken on the findings, the military	2779
judge or the president of a court-martial without a military judge	2780
shall, in the presence of the accused and counsel, instruct the	2781
members of the court as to the elements of the offense and charge	2782
the courtthem:	2783

(1) That the accused must be presumed to be innocent until	2784
his guilt is established by legal and competent evidence beyond	2785
reasonable doubt;	2786

(2) That in the case being considered, if there is a	2787
reasonable doubt as to the guilt of the accused, the doubt must be	2788
resolved in favor of the accused, and hethe accused must be	2789
acquitted;	2790

(3) That, if there is a reasonable doubt as to the degree of	2791
guilt, the finding must be in a lower degree as to which there is	2792
no reasonable doubt; and	2793

(4) That the burden of proof to establish the guilt of the	2794
accused beyond reasonable doubt is upon the state.	2795

(D) Divisions (A), (B), and (C) of this section do not apply	2796
to a court-martial composed of a military judge only. The military	2797
judge of such a court-martial shall determine all questions of law	2798
and fact arising during the proceedings and, if the accused is	2799
convicted, adjudge an appropriate sentence. The military judge of	2800
such a court-martial shall make a general finding and shall in	2801
addition on request find the facts speciallymake specific	2802
findings of fact. If an opinion or memorandum of decision is	2803
filed, it will be sufficient if the findings of fact appear	2804
therein.	2805

Sec. 5924.52.  (A)(1) No person may be convicted of an	2806
offense for which the death penalty is made mandatory by law,	2807
except by the concurrence of all members of the court-martial	2808
present at the time the vote is taken.	2809

(2) No person may be convicted of any other offense, except	2810
as provided in division (B) of section 5924.45 of the Revised Code	2811
or by the concurrence of two-thirds of the members of the	2812
court-martial present at the time the vote is taken.	2813

(B)(1) No person may be sentenced to suffer death, except by	2814
the concurrence of all members of the court-martial present at the	2815
time the vote is taken and for an offense in this chapter	2816
expressly made punishable by death.	2817

(2) No person may be sentenced to life imprisonment or to	2818
confinement for more than ten years, except by the concurrence of	2819
three-fourths of the members present at the time the vote is	2820
taken.	2821

(3) All other sentences shall be determined by the	2822
concurrence of two-thirds of the members present at the time the	2823
vote is taken.	2824

(C) All other questions to be decided by the members of a	2825
general or special court-martial shall be determined by a majority	2826
vote, but a determination to reconsider a finding of guilty or to	2827
reconsider a sentence, to decrease or lessen it, may be made by	2828
any lesser vote whichthat indicates that the reconsideration is	2829
not opposed by the number of votes required for that finding or	2830
sentence. A tie vote on a challenge disqualifies the member	2831
challenged. A tie vote on a motion for a finding of not guilty or	2832
on a motion relating to the question of the accused's sanity is a	2833
determination against the accused. A tie vote on any other	2834
question is a determination in favor of the accused.	2835

Sec. 5924.54.  (A) Each general court-martial shall keep a	2836
separate record of the proceedings in each case brought before it,	2837
and the record shall be authenticated by the signature of the	2838
military judge. If the record cannot be authenticated by the	2839
military judge by reason of his death, disability, or absence, it	2840
shall be authenticated by the signature of the trial counsel or by	2841
that of a member if the trial counsel is unable to authenticate it	2842
by reason of his death, disability, or absence. In a court-martial	2843
consisting of only a military judge, the record shall be	2844
authenticated by the court reporter under the same conditions	2845
whichthat would impose such a duty on a member under this	2846
division if the proceedings have resulted in an acquittal of all	2847
charges and specifications or, if not affecting a general or flag	2848
officer, in a sentence not including discharge and not in excess	2849
of that which may otherwise be adjudged by a special	2850
court-martial. The record shall contain matters as may be	2851
prescribed by regulations of the governor.	2852

(B) Each special and summary court-martial shall keep a	2853
separate record of the proceedings in each case, whichand the	2854
record shall contain such matter and be authenticated in suchthe	2855
manner as may be required by regulations which the governor may	2856
prescribeprescribed by the adjutant general.	2857

(C)(1) A complete record of the proceedings and testimony	2858
shall be prepared in the following cases:	2859

(a) Each case tried before a general court-martial in which	2860
the sentence adjudged includes a dismissal, a discharge, or any	2861
punishment that exceeds the punishment that may otherwise be	2862
adjudged by a special court-martial;	2863

(b) Each case tried before a special court-martial in which	2864
the sentence adjudged includes a bad-conduct discharge or	2865
confinement for more than six months.	2866

(2) In all other cases tried before a court-martial, the	2867
record shall contain any matters that are required by regulations	2868
of the adjutant general. A copy of the record of the proceedings	2869
of each general and special court-martial shall be given to the	2870
accused as soon as it is authenticated. If a verbatim record of	2871
trial by general or special court-martial is not required under	2872
divisions (A) and (B) of this section, the accused may buy such a	2873
record under such regulations as the governor may prescribe.	2874

Sec. 5924.56.  The punishment whichthat a court-martial may	2875
direct for an offense may not exceed limits prescribed by this	2876
code or such lesser limits as the governor may prescribeadjutant	2877
general for the offense.	2878

Sec. 5924.57.  (A) Whenever a sentence of a court-martial as	2879
lawfully adjudged and approved includes a forfeitures(1) A	2880
forfeiture of pay or allowances in addition to confinement not	2881
suspended or deferred, the forfeiture may apply to pay or	2882
allowances becoming due on or after the date the sentence is	2883
approved by the convening authority. No forfeiture may extend to	2884
any pay or allowances accrued before that dateor reduction in	2885
grade that is included in a sentence of a court-martial takes	2886
effect on the earlier of the date that is fourteen days after the	2887
date on which the sentence is adjudged or the date on which the	2888
sentence is approved by the convening authority.	2889

(2) On application of an accused, the convening authority may	2890
defer a forfeiture of pay or allowances or reduction in grade that	2891
would otherwise become effective on the date that is fourteen days	2892
after the date on which the sentence is adjudged until the date on	2893
which the sentence is approved by the convening authority. The	2894
convening authority may at any time rescind a deferment granted	2895
under this division.	2896

(3) A forfeiture of pay or allowances applies to pay or	2897
allowances accruing on and after the date on which the sentence	2898
takes effect.	2899

(B) Any period of confinement included in a sentence of a	2900
court-martial begins to run from the date the sentence is adjudged	2901
by the court-martial, but periods during which the sentence to	2902
confinement is suspended or deferred shall be excluded in	2903
computing the service of the term of confinement. Regulations	2904
prescribed by the governor may provide that sentences of	2905
confinement may not be executed until approved by designated	2906
officers.	2907

(C) All other sentences of courts-martial are effective on	2908
the date ordered executed.	2909

(D)(1) On application by an accused who is under sentence to	2910
confinement that has not been ordered executed, the convening	2911
authority or, if the accused is no longer under histhe convening	2912
authority's jurisdiction, the governor,officer exercising general	2913
court-martial jurisdiction over the command to which the accused	2914
is currently assigned may in histhe officer's sole discretion	2915
defer service of the sentence to confinement. The deferment shall	2916
terminate when the sentence is ordered executed. The deferment may	2917
be rescinded at any time by the officer who granted it or, if the	2918
accused is no longer under histhe officer's jurisdiction, by the	2919
governorofficer exercising general court-martial jurisdiction	2920
over the command to which the accused is currently assigned.	2921

(2) In any case in which a court-martial sentences a person	2922
described in division (D)(3) of this section to confinement, the	2923
convening authority may defer the service of the sentence to	2924
confinement, without the consent of that person, until after the	2925
person has been permanently released to the armed forces by a	2926
state or foreign country referred to in that division.	2927

(3) Division (D)(2) of this section applies to a person	2928
subject to this chapter who, while in the custody of a state or	2929
foreign country, is temporarily returned by that state or foreign	2930
country to the armed forces for trial by court-martial and after	2931
the court-martial is returned to that state or foreign country	2932
under the authority of a mutual agreement or treaty.	2933

(4) As used in division (D)(3) of this section, "state"	2934
includes the District of Columbia and any state, commonwealth,	2935
territory, or possession of the United States having a national	2936
guard.	2937

(E) In any case in which a sentence to confinement has been	2938
ordered executed but in which review of the case under section	2939
5924.64 of the Revised Code is pending, the adjutant general may	2940
defer further service of the sentence while the review is pending.	2941

Sec. 5924.58.  (A) ASubject to regulations prescribed by the	2942
adjutant general, a sentence of confinement adjudged by a	2943
court-martial or other military courttribunal, whether or not the	2944
sentence includes discharge or dismissal, and whether or not the	2945
discharge or dismissal has been executed, may be carried into	2946
execution by confinement in any place of confinement under the	2947
control of any of the forces of the organized militia or in any	2948
jail or prison designated for that purposejail or correctional	2949
facility in this state. Persons so confined in a jail or prison	2950
are subject to the same discipline and treatment as persons	2951
confined or committed to the jail or prisoncorrectional facility	2952
by the courts of the state or of any political subdivision	2953
thereofof the state.	2954

(B) The omission of the words "hard labor" from any sentence	2955
or punishment of a court-martial adjudging confinement does not	2956
deprive the authority executing that sentence or punishment of the	2957
power to require hard labor as a part of the punishment.	2958

(C) The keepers, officers, and wardens of city or county	2959
jails and of other jails or prisons designated by the governor, or	2960
by such person as he may authorize to act under section 5924.11 of	2961
the Revised Code and of this code, shall receive persons ordered	2962
into confinement before trial and persons committed to confinement	2963
by a military court and shall confine them according to law. No	2964
such keeper, officer, or warden may require payment of any fee or	2965
chargekind may be required for so receiving or confining a person	2966
housing a prisoner under this code.	2967

Sec. 5924.581.  (A) Except as otherwise provided in	2968
regulations made by the adjutant general, a court-martial sentence	2969
of an enlisted member in a pay grade above E-1 that includes a	2970
dishonorable or bad-conduct discharge, confinement, or hard labor	2971
without confinement reduces the member to pay grade E-1, effective	2972
on the date the convening authority approves the sentence.	2973

(B) If the sentence of a member who is reduced in pay grade	2974
under division (A) of this section is set aside or disapproved, or	2975
as finally approved does not include a dishonorable or bad-conduct	2976
discharge, confinement, or hard labor without confinement, the	2977
rights and privileges of which the member was deprived because of	2978
the reduction in pay are restored, and the member shall be paid	2979
the pay and allowances that the member would have been paid for	2980
the period the reduction was in effect had the member not been	2981
reduced in pay.	2982

Sec. 5924.582.  (A) A member who receives a court-martial	2983
sentence that includes confinement for more than six months or	2984
confinement for six months or less and a dishonorable or	2985
bad-conduct discharge or dismissal forfeits pay, or pay and	2986
allowances, during any period of confinement or parole. The	2987
forfeiture takes effect on the date determined under section	2988
5924.57 of the Revised Code and may be deferred as provided by	2989
that section. The pay and allowances forfeited as a result of a	2990
sentence imposed by a general court-martial shall be all pay and	2991
allowances due during any period of confinement or parole. The pay	2992
and allowances forfeited as a result of a sentence imposed by a	2993
special court-martial shall be two-thirds of all pay and	2994
allowances due during any period of confinement or parole.	2995

(B) If a member subject to forfeiture of pay or pay and	2996
allowances under division (A) of this section has dependents, the	2997
convening authority or other person acting under section 5924.60	2998
of the Revised Code may waive all or part of the forfeiture of pay	2999
and allowances for a period not exceeding six months. Any pay or	3000
allowances paid as a result of a waiver shall be paid, as the	3001
convening authority or other person taking action directs, to the	3002
dependents of the accused member.	3003

(C) If the sentence of a member who forfeits pay and	3004
allowances under division (A) of this section is set aside or	3005
disapproved or, as finally approved, does not provide for a	3006
punishment that includes confinement for more than six months or	3007
confinement for six months or less and a dishonorable or	3008
bad-conduct discharge or dismissal, the member shall be paid the	3009
pay and allowances that the member would have been paid for the	3010
period the forfeiture was in effect had the member's pay and	3011
allowances not been forfeited.	3012

Sec. 5924.59.  (A) A finding or sentence of a court-martial	3013
may not be held incorrect on the ground of an error of law unless	3014
the error materially prejudices the substantial rights of the	3015
accused.	3016

(B) Any reviewing authority with the power to approve or	3017
affirm a finding of guilty may instead approve or affirm so much	3018
of the finding as includes a lesser included offense.	3019

Sec. 5924.60. After a trial by(A) A court-martial, the	3020
record shall be forwardedreport its findings and sentence to the	3021
convening authority, as reviewing authority, and action thereon	3022
may be taken byafter announcing the person who convened the	3023
court, a commissioned officer commanding for the time being, a	3024
successor in command, or by the governorsentence.	3025

(B)(1) The accused may submit to the convening authority	3026
matters relating to the findings and sentence to the convening	3027
authority for its consideration. A submission shall be in writing.	3028
A submission shall be made within ten days after the accused has	3029
been given an authenticated record of trial and, if applicable,	3030
the recommendation of the staff judge advocate or legal officer	3031
under division (D) of this section or, in a summary court-martial	3032
case, within seven days after the sentence is announced.	3033

(2) The convening authority or other person taking action	3034
under this section, for good cause shown by the accused, may	3035
extend the period for submission of matters under division (B)(1)	3036
of this section for not more than twenty days.	3037

(3) In a summary court-martial case, the summary court	3038
officer shall promptly provide the accused with a copy of the	3039
record of trial for use in preparing a submission authorized by	3040
division (B)(1) of this section.	3041

(4) The accused may waive the right to make a submission	3042
under division (B)(1) of this section. A waiver shall be made in	3043
writing and may not be revoked. The time within which the accused	3044
may make a submission under this subsection expires upon the	3045
submission of a waiver to the convening authority.	3046

(C)(1) The authority under this section to act on the	3047
findings and sentence of a court-martial is a matter of command	3048
prerogative involving the sole discretion of the convening	3049
authority. Pursuant to regulations prescribed by the adjutant	3050
general, a commissioned officer commanding for the time being, a	3051
successor in command, or any person exercising general	3052
court-martial jurisdiction may act under this section in place of	3053
the convening authority.	3054

(2) The convening authority or another person authorized to	3055
act under this section may act on the sentence of a court-martial	3056
pursuant to division (B)(3) of this section. Subject to	3057
regulations prescribed by the adjutant general, the convening	3058
authority or other authorized person may act only after the	3059
accused submits matters under division (B) of this section or the	3060
time for submitting matters expires, whichever is earlier. If the	3061
accused makes a submission, the convening authority or other	3062
authorized person shall take the submission into consideration	3063
before acting.	3064

(3) The convening authority or other authorized person, in	3065
the convening authority's or other authorized person's sole	3066
discretion, may approve, disapprove, commute, or suspend the	3067
sentence of a court-martial in whole or in part. The convening	3068
authority or other authorized person acting on a sentence may but	3069
is not required to take action on the findings of the	3070
court-martial. A convening authority or other authorized person	3071
that chooses to act on the findings may dismiss any charge or	3072
specification by setting aside a finding of guilt with regard to	3073
that charge or specification or may change a finding of guilty	3074
with regard to a charge or specification to a finding of guilty to	3075
an offense that is a lesser included offense of the offense stated	3076
in the charge or specification.	3077

(D) Before acting under this section on any general	3078
court-martial case or on any special court-martial case that	3079
includes a bad-conduct discharge, the convening authority or other	3080
authorized person shall obtain and consider the written	3081
recommendation of the convening authority's or other authorized	3082
person's staff judge advocate or legal officer. The convening	3083
authority or other authorized person shall refer the record of	3084
trial to the staff judge advocate or legal officer. The staff	3085
judge advocate or legal officer shall use the record in the	3086
preparation of a recommendation. The recommendation shall include	3087
any matters that the adjutant general may require by regulation	3088
and shall be served on the accused. The accused may submit any	3089
matter in response under division (B) of this section. If in the	3090
accused's response, the accused does not object to one or more	3091
matters contained in the recommendation, the accused waives the	3092
right to object to those matters.	3093

(E)(1) The convening authority or other authorized person, in	3094
the convening authority's or other authorized person's sole	3095
discretion, may order a proceeding in revision or a rehearing.	3096

(2) The convening authority or other authorized person may	3097
order a proceeding in revision if there is an apparent error or	3098
omission in the record of a court-martial or if the record shows	3099
improper or inconsistent action by a court-martial with respect to	3100
the findings or sentence that can be rectified without material	3101
prejudice to the substantial rights of the accused. In a	3102
proceeding in revision, the convening authority or other	3103
authorized person may not do any of the following:	3104

(a) Reconsider a finding of not guilty of any specification	3105
or a ruling that amounts to a finding of not guilty;	3106

(b) Reconsider a finding of not guilty of any charge, unless	3107
there has been a finding of guilty under a specification laid	3108
under that charge that sufficiently alleges a violation of any	3109
provision of this chapter;	3110

(c) Increase the severity of the sentence.

3111

(3) The convening authority or other authorized person may	3112
order a rehearing if the convening authority or other authorized	3113
person disapproves the findings or sentence and states the reasons	3114
for disapproval of the findings or sentence. If the convening	3115
authority or other authorized person disapproves the findings or	3116
sentence and does not order a rehearing, the convening authority	3117
or other authorized person shall dismiss the charges. A convening	3118
authority or other authorized person may not order a rehearing as	3119
to the findings if the record does not contain sufficient evidence	3120
to support the findings. A convening authority or other authorized	3121
person may order a rehearing as to the sentence if the convening	3122
authority or other authorized person disapproves the sentence.	3123

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3124
or the sentence of a court-martial to the court of military	3125
appeals. The court shall hear an appeal if the convening authority	3126
or other authorized person approved a sentence of dismissal of a	3127
commissioned officer, dishonorable or bad conduct discharge, or	3128
confinement for one year or more and if the appeal was timely	3129
filed. The court may hear any other appeals that the court, in its	3130
sole discretion, allows.	3131

(B) An accused who is found guilty may appeal under this	3132
section by filing a notice of appeal with the convening authority	3133
that ordered the court-martial within thirty calendar days after	3134
the convening authority serves a copy of the approved findings and	3135
sentence on the trial attorney of record for the accused or, if	3136
the accused waived the right to counsel, on the accused in	3137
accordance with regulations prescribed by the adjutant general.	3138
The notice of appeal shall state the name of the party taking the	3139
appeal, the findings, sentence, or parts of the findings or	3140
sentence appealed from, and the grounds for the appeal. Failure to	3141
file a notice of appeal in a timely manner constitutes a waiver of	3142
the right to appeal.	3143

(C) Upon receiving a notice of appeal, the convening	3144
authority shall serve a copy of the notice on the trial counsel	3145
and on the trial attorney of record for any codefendant or, if a	3146
codefendant waived the right to counsel, on the codefendant in	3147
accordance with regulations prescribed by the adjutant general.	3148
The convening authority shall note on each copy served the date on	3149
which the notice of appeal was filed. Failure of the convening	3150
authority to serve a copy of the notice of appeal does not affect	3151
the validity of the appeal. Service in accordance with division	3152
(C) of this section is sufficient notwithstanding the death of a	3153
party or a party's counsel. The convening authority shall note on	3154
its docket the names of the parties served, the dates on which	3155
they were served, and the method of service.	3156

(D) An accused may waive appellate review by filing with the	3157
convening authority, within ten days after the action under	3158
section 5924.60 of the Revised Code is served on the accused or on	3159
defense counsel, a written waiver signed by the accused and by	3160
defense counsel. The convening authority or other person taking	3161
such action, for good cause, may extend the period for filing by	3162
not more than thirty days.	3163

(E) An accused may voluntarily withdraw an appeal at any time	3164
by filing a notice of withdrawal with the convening authority.	3165

(F) A waiver of the right to appellate review or the	3166
withdrawal of an appeal bars any further review under this section	3167
or section 5924.69 of the Revised Code.	3168

Sec. 5924.62. (A) In a trial by court-martial in which a	3169
military judge presides and in which a punitive discharge may be	3170
adjudged, the state may appeal any of the following, except an	3171
order or ruling that is, or that amounts to, a finding of not	3172
guilty with respect to the charge or specification:	3173

(1) An order or ruling that terminates the proceedings with	3174
respect to a charge or specification;	3175

(2) An order or ruling that excludes evidence that is of	3176
substantial consequence to the determination of the material	3177
issues in the proceeding;	3178

(3) An order or ruling that directs the disclosure of	3179
classified information;	3180

(4) An order or ruling that imposes sanctions for	3181
nondisclosure of classified information;	3182

(5) A refusal by the military judge to issue a protective	3183
order sought by the state to prevent the disclosure of classified	3184
information;	3185

(6) A refusal by the military judge to enforce a protective	3186
order that has previously been issued by appropriate authority to	3187
prevent the disclosure of classified information.	3188

(B) The state may not appeal an order or ruling unless within	3189
seventy-two hours after the military judge serves the order or	3190
ruling the trial counsel files with the military judge a written	3191
notice of appeal from the order or ruling. The notice shall	3192
include a certification by the trial counsel that the appeal is	3193
not taken for the purpose of delay and, if the order or ruling	3194
appealed is one that excludes evidence, that the evidence excluded	3195
is substantial proof of a fact material in the proceeding.	3196

(C) Appellate government counsel shall diligently prosecute	3197
an appeal under this section to the court of military appeals	3198
created by section 5924.66 of the Revised Code.	3199

(D) Any period of delay resulting from an appeal under this	3200
section shall be excluded in deciding any issue regarding denial	3201
of a speedy trial unless an appropriate authority determines that	3202
the appeal was filed solely for the purpose of delay with the	3203
knowledge that it was totally frivolous and without merit.	3204

Sec. 5924.63. (A) If the convening authority disapproves the	3205
findings and sentence of a court-martial he may, except where	3206
there is lack of sufficient evidence in the record to support the	3207
findings, order a rehearing. In such a case he shall state the	3208
reasons for disapproval. If he disapproves the findings and	3209
sentence and does not order a rehearing, he shall dismiss the	3210
charges.	3211

(B) Each rehearing ordered pursuant to section 5924.60 of the	3212
Revised Code or by the court of military appeals shall take place	3213
before a court-martial composed of members who were not members of	3214
the court-martial whichthat first heard the case. Upon a	3215
rehearing the accused may not be tried for any offense of which he	3216
the accused was found not guilty by the first court-martial, and	3217
no sentence in excess of or more severe than the original sentence	3218
may be imposed,approved unless the sentence is based upon a	3219
finding of guilty of an offense not considered upon the merits in	3220
the original proceedings, or unless the sentence prescribed for	3221
the offense is mandatory. If the sentence approved after the first	3222
court-martial was in accordance with a pretrial agreement and the	3223
accused at the rehearing changes the accused's plea with respect	3224
to the charges or specifications upon which the pretrial agreement	3225
was based or otherwise does not comply with the pretrial	3226
agreement, the approved sentence as to those charges or	3227
specifications may include any punishment not in excess of the	3228
punishment lawfully adjudged at the first court-martial.	3229

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3230
regulations prescribed by the adjutant general each case in which	3231
there has been a finding of guilty and in which no appeal is	3232
taken. A judge advocate may not review a case under this section	3233
if the judge advocate has acted in the same case as an accuser,	3234
investigating officer, member of the court, military judge, or	3235
counsel or has otherwise acted on behalf of the prosecution or	3236
defense. For each case reviewed under this section, the judge	3237
advocate shall issue written findings and recommendations that	3238
contain all of the following:	3239

(1) Conclusions as to whether the court had jurisdiction over	3240
the accused and the offense;	3241

(2) Conclusions as to whether the charge and specification	3242
stated an offense;	3243

(3) Conclusions as to whether the sentence was within the	3244
limits prescribed by law;	3245

(4) A response to each allegation of error made in writing by	3246
the accused;	3247

(5) If the case is sent for action under division (B) of this	3248
section, a recommendation as to the appropriate action to be taken	3249
and an opinion as to whether corrective action is required as a	3250
matter of law.	3251

(B) The record of trial and related documents in each case	3252
reviewed under division (A) of this section shall be sent for	3253
further action under division (C) of this section to the person	3254
exercising general court-martial jurisdiction over the accused at	3255
the time the court was convened or that person's successor in	3256
command if any of the following applies:	3257

(1) The judge advocate who reviewed the case recommends	3258
corrective action.	3259

(2) The sentence approved under division (C) of section	3260
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3261
dishonorable discharge, or confinement for more than six months.	3262

(3) Regulations prescribed by the adjutant general require	3263
further review.	3264

(C) The person to whom the record of trial and related	3265
documents are sent under division (B) of this section may do any	3266
of the following:	3267

(1) Approve or disapprove the findings or sentence in whole	3268
or in part;	3269

(2) Remit, commute, or suspend the sentence in whole or in	3270
part;	3271

(3) Order a rehearing on the findings, the sentence, or both;

3272

(4) Dismiss the charges.

3273

(D) If a rehearing is ordered but the convening authority	3274
finds that a rehearing is impracticable, the convening authority	3275
shall dismiss the charges.	3276

(E) If the opinion of the judge advocate who reviews a case	3277
under division (A) of this section finds that corrective action is	3278
required as a matter of law and the person required to take action	3279
under division (B) of this section does not take action that is at	3280
least as favorable to the accused as that recommended by the judge	3281
advocate, the convening authority shall transmit the record of	3282
trial and action on that record to the state judge advocate for	3283
review.	3284

(F) The judge advocate who under this section reviews a case	3285
conducted by a general court-martial shall be the state judge	3286
advocate.	3287

Sec. 5924.65. If an accused files a notice of appeal, the	3288
convening authority shall transmit the record of trial and	3289
post-trial proceedings in the case to the state judge advocate for	3290
appropriate action. If the accused does not file a notice of	3291
appeal or files a notice of appeal and withdraws the appeal, then	3292
following completion of all post-trial review, the record of trial	3293
and related documents shall be transmitted and disposed of as the	3294
adjutant general may prescribe by regulation.	3295

Sec. 5924.66. (A) There is hereby created the court of	3296
military appeals. The court is a court of record and has exclusive	3297
jurisdiction of all appeals from courts-martial convened pursuant	3298
to this code. The court shall sit in Franklin county. All hearings	3299
conducted by the court shall be public.	3300

(B) The judges of the court of military appeals shall be	3301
military appellate judges appointed by the adjutant general. Each	3302
judge shall be a retired judge advocate officer who has previously	3303
served in the rank of colonel or above in either the Ohio army	3304
national guard or the Ohio air national guard. The judges shall	3305
sit in panels of not less than three members.	3306

(C) The adjutant general may make rules governing practice	3307
and procedure in the court of military appeals. The Rules of	3308
Appellate Procedure apply in proceedings in the court to the	3309
extent that they are not inconsistent with this code or with rules	3310
made by the adjutant general under this division.	3311

Sec. 5924.67.  A judge of the court of military appeals shall	3312
receive as compensation for each day of attendance on the business	3313
of the court an amount equal to the annual compensation of a judge	3314
of a court of appeals divided by the number of days in the	3315
calendar year. A judge who resides more than fifty miles from the	3316
location of the court also shall be reimbursed for the judge's	3317
actual and necessary expenses of traveling to and from the court	3318
to attend the business of the court.	3319

Sec. 5924.68.  The court of military appeals may subpoena	3320
witnesses, require the production of evidence, and punish for	3321
contempt in the same manner and to the same extent as a common	3322
pleas court.	3323

Sec. 5924.69.  Appeals from orders and judgments of the court	3324
of military appeals may be taken to the supreme court in the same	3325
manner and to the same extent as criminal appeals from orders and	3326
judgments of a court of appeals.	3327

Sec. 5924.70. (A) The state judge advocate shall detail one	3328
or more judge advocates as appellate government counsel and one or	3329
more judge advocates assigned to the United States army trial	3330
defense service or the United States air force area defense	3331
counsel as appellate defense counsel. Appellate counsel shall be	3332
members in good standing of the bar of this state and certified by	3333
the state judge advocate to be competent to act as appellate	3334
counsel.	3335

(B) Appellate government counsel shall represent the state in	3336
the court of military appeals. In a case arising under this code	3337
that is heard in the supreme court, appellate government counsel	3338
shall represent the state in the supreme court unless the attorney	3339
general elects to represent the state.	3340

(C) Appellate defense counsel shall represent the accused in	3341
the court of military appeals and the supreme court unless the	3342
accused elects to be represented by civilian counsel at the	3343
accused's own expense.	3344

(D) Appellate government and defense counsel shall perform	3345
any additional functions in connection with post-trial proceedings	3346
in court-martial cases that the state judge advocate directs.	3347

Sec. 5924.71. (A) If the sentence of a court-martial of a	3348
commissioned officer or cadet includes dismissal, that part of the	3349
sentence providing for dismissal may not be executed until it is	3350
approved by the adjutant general. The adjutant general may	3351
commute, remit, or suspend the sentence or any part of the	3352
sentence as the adjutant general sees fit. In time of war or	3353
national emergency, the adjutant general may commute a sentence of	3354
dismissal to reduction to any enlisted grade. A person so reduced	3355
may be required to serve for the duration of the war or emergency	3356
and for six months after the end of the war or emergency.	3357

(B)(1) If the sentence of a court-martial includes dismissal	3358
or dishonorable or bad-conduct discharge and the accused appeals	3359
to the court of military appeals, the dismissal or discharge part	3360
of the sentence may not be executed until the appellate process	3361
has been completed and, in case of dismissal, approval of the	3362
sentence by the adjutant general. The appellate process is	3363
completed when any of the following occurs:	3364

(a) The accused withdraws the appeal.

3365

(b) The court of military appeals renders a decision, and the	3366
time for filing a notice of appeal to the supreme court elapses	3367
without the accused having filed a notice of appeal.	3368

(c) The supreme court issues an order dismissing the appeal	3369
or entering judgment on the leave to appeal.	3370

(2) If the sentence of a court-martial includes dismissal or	3371
dishonorable or bad-conduct discharge and the accused fails to	3372
appeal to the court of military appeals, waives appellate review,	3373
or withdraws an appeal, the dismissal or discharge part of the	3374
sentence may not be executed until a judge advocate has reviewed	3375
the case and the convening authority has completed action in the	3376
review pursuant to section 5924.64 of the Revised Code. Any other	3377
part of a court-martial sentence may be ordered executed by the	3378
convening authority or other person acting on the case under	3379
section 5924.60 of the Revised Code.	3380

(C) The convening authority or other person taking action on	3381
a court-martial case under section 5924.60 of the Revised Code may	3382
suspend at any time the execution of any sentence or part of a	3383
sentence.	3384

Sec. 5924.72.  (A) An officer having special court-martial	3385
jurisdiction over a person whose sentence has been suspended may	3386
recommend vacation of the suspension of an approved sentence or	3387
part of a sentence that was imposed by a special court-martial and	3388
includes a bad-conduct discharge or that was imposed by a general	3389
court-martial.	3390

(B) Before the vacation ofvacating the suspension of a	3391
special court-martial sentence which as approved includes a bad	3392
conduct discharge, or of any general court-martialor part of a	3393
sentence under division (A) of this section, thean officer having	3394
special court-martial jurisdiction over the probationera person	3395
whose sentence has been suspended shall hold a hearing on the	3396
alleged violation of probationthe terms of suspension. The	3397
probationer shallperson has the right to be represented at the	3398
hearing by counsel if he so desires.	3399

(B)(C) The record of the hearing and the recommendation of	3400
the officer having special court-martial jurisdiction shall be	3401
sent for action to the governor in cases involving aofficer	3402
exercising general court-martial sentence and to the commanding	3403
officer of the force of the organized militia of which	3404
jurisdiction over the probationer is a member in all other cases	3405
covered by division (A) of this sectionperson whose sentence has	3406
been suspended. If the governor or commandingthat officer vacates	3407
the suspension, any unexecuted part of the sentence except a	3408
dismissal shall be executed, subject to applicable restrictions	3409
set forth in section 5924.71 of the Revised Code. A vacation of	3410
the suspension of a dismissal is not effective until it is	3411
approved by the adjutant general.	3412

(C)(D) The suspension of any other sentence may be vacated by	3413
any authority competent to convene, for the command in which the	3414
accused is serving or assigned, a court of the kind that imposed	3415
the sentence.	3416

Sec. 5924.73.  At any time within two years after approval by	3417
the convening authority of a court-martial sentence, the accused	3418
may petition the governoradjutant general for a new trial on the	3419
ground of newly discovered evidence or fraud on the court-martial.	3420
The adjutant general shall act upon the petition unless the case	3421
is pending before the court of military appeals or the supreme	3422
court, in which case the adjutant general shall refer the petition	3423
to the court in which the appeal is pending.	3424

Sec. 5924.74.  (A) AThe adjutant general, the state judge	3425
advocate when authorized by the adjutant general, or a convening	3426
authority may remit or suspend any part or amount of the	3427
unexecuted part of any sentence, including all uncollected	3428
forfeitures, other than a sentence approved by the governor or a	3429
superior convening authority.	3430

(B) The governoradjutant general may, for good cause,	3431
substitute an administrative form of discharge for a discharge or	3432
dismissal executed in accordance with the sentence of a	3433
court-martial.	3434

Sec. 5924.75.  (A) Under suchany regulations asthat the	3435
governoradjutant general may prescribe, all rights, privileges,	3436
and property affected by an executed part of a court-martial	3437
sentence whichthat has been set aside or disapproved, except an	3438
executed dismissal or discharge, shall be restored unless a new	3439
trial or rehearing is ordered and suchthe executed part of the	3440
sentence is included in a sentence imposed upon the new trial or	3441
rehearing.	3442

(B) If a previously executed sentence of dishonorable or bad	3443
conduct discharge is not imposed on a new trial, the governor	3444
adjutant general shall substitute therefor a form of discharge	3445
authorized for administrative issuance unless the accused is to	3446
serve out the remainder of histhe accused's enlistment.	3447

(C) If a previously executed sentence of dismissal is not	3448
imposed on a new trial, the governoradjutant general shall	3449
substitute therefor a form of discharge authorized for	3450
administrative issue, and the commissioned officer dismissed by	3451
that sentence may be reappointed by the governoradjutant general	3452
alone to such commissioned grade and with such rank as in the	3453
opinion of the governoradjutant general that former officer would	3454
have attained had hethe former officer not been dismissed. The	3455
reappointment of such a former officer mayshall be made if	3456
without regard to the existence of a position vacancy is available	3457
under applicable tablesand shall affect the promotion status of	3458
organizationother officers only to the extent directed by the	3459
adjutant general. All time between the dismissal and the	3460
reappointment shall be considered as service for all purposes	3461
including the right to pay and allowances.	3462

(D) Pursuant to regulations prescribed by the adjutant	3463
general, an accused who has been sentenced by a court-martial may	3464
be required to take leave pending completion of action under this	3465
code if the sentence, as approved under section 5924.60 of the	3466
Revised Code, includes an unsuspended dismissal or an unsuspended	3467
dishonorable or bad-conduct discharge. The accused may be required	3468
to begin leave on the date on which the sentence is approved or at	3469
any time after that date. Leave may be continued until the date on	3470
which action is completed or may be terminated at any earlier	3471
time.	3472

Sec. 5924.76.  The appellate review of records of trial	3473
pursuant to this code, the proceedings, findings, and sentences of	3474
courts-martial as reviewed and approved, as required byreviewed,	3475
or affirmed pursuant to this code, and all dismissals and	3476
discharges carried into execution under sentences by	3477
courts-martial following review and approval, as required by	3478
review, or affirmation pursuant to this code, are final and	3479
conclusive. Orders publishing the proceedings of courts-martial	3480
and all action taken pursuant to those proceedings are binding	3481
upon all departments, courts, agencies, and officers of the state,	3482
subject only to action upon a petition for a new trial as provided	3483
in section 5924.73 of the Revised Code and to action by the	3484
adjutant general under section 5924.74 of this codethe Revised	3485
Code.	3486

Sec. 5924.761.  Pursuant to regulations prescribed by the	3487
adjutant general, an accused who has been sentenced by a	3488
court-martial may be required to take leave pending completion of	3489
action under sections 5924.59 to 5924.761 of the Revised Code if	3490
the sentence, as approved under section 5924.60 of the Revised	3491
Code, includes an unsuspended dismissal or an unsuspended	3492
dishonorable or bad-conduct discharge. The accused may be required	3493
to begin the leave on the date on which the sentence is approved	3494
under section 5924.60 of the Revised Code or at any time after	3495
that date, and the leave may be continued until the date on which	3496
action under sections 5924.59 to 5924.761 of the Revised Code is	3497
terminated or completed.	3498

Sec. 5924.77.  Any person subject to this code is a principal	3499
whoif the person does either of the following:	3500

(A) Commits an offense punishable by this code, or aids,	3501
abets, counsels, commands, or procures its commission;	3502

(B) Causes an act to be done which if directly performed by	3503
himthe person would be punishable by this code.	3504

Sec. 5924.78.  Any person subject to this code who, knowing	3505
that an offense punishable by this code has been committed,	3506
receives, comforts, or assists the offender in order to hinder or	3507
prevent histhe offender's apprehension, trial, or punishment	3508
shall be punished as a court-martial may direct.	3509

Sec. 5924.82.  (A) Any person subject to this code who	3510
solicits or advises another or others to desert in violation of	3511
section 5924.85 of the Revised Code and of this code or mutiny in	3512
violation of section 5924.94 of the Revised Code and of this code	3513
shall, if the offense solicited or advised is attempted or	3514
committed, be punished with the punishment provided for the	3515
commission of the offense, but, if the offense solicited or	3516
advised is not committed or attempted, hethe person shall be	3517
punished as a court-martial may direct.	3518

(B) Any person subject to this code who solicits or advises	3519
another or others to commit an act of misbehavior before the enemy	3520
in violation of section 5924.99 of the Revised Code and of this	3521
code or sedition in violation of section 5924.94 of the Revised	3522
Code and of this code shall, if the offense solicited or advised	3523
is committed, be punished with the punishment provided for the	3524
commission of the offense, but, if the offense solicited or	3525
advised is not committed, hethe person shall be punished as a	3526
court-martial may direct.	3527

Sec. 5924.83.  Any person who does either of the following	3528
shall be punished as a court-martial may direct:	3529

(A) Procures histhe person's own enlistment or appointment	3530
in the organized militia by knowingly false representation or	3531
deliberate concealment as to histhe person's qualifications for	3532
that enlistment or appointment and receives pay or allowances	3533
thereunder; or	3534

(B) Procures histhe person's own separation from the	3535
organized militia by knowingly false representation or deliberate	3536
concealment as to histhe person's eligibility for that	3537
separation;	3538

shall be punished as a court-martial may direct.	3539

Sec. 5924.84.  Any person subject to this code who effects an	3540
enlistment or appointment in or a separation from the organized	3541
militia of any person who is known to himthe person to be	3542
ineligible for that enlistment, appointment, or separation because	3543
it is prohibited by law, regulation, or order shall be punished as	3544
a court-martial may direct.	3545

Sec. 5924.85.  (A) Any member of the organized militia who	3546
does any of the following is guilty of desertion:	3547

(1) Without authority goes or remains absent from histhe	3548
member's unit, organization, or place of duty with intent to	3549
remain away therefromfrom the unit, organization, or place of	3550
duty permanently;	3551

(2) Quits histhe member's unit, organization, or place of	3552
duty with intent to avoid hazardous duty or to shirk important	3553
service; or	3554

(3) Without being regularly separated from one of the forces	3555
of the organized militia enlists or accepts an appointment in the	3556
same or another one of the forces of the organized militia without	3557
fully disclosing the fact that hethe member has not been	3558
regularly separated;	3559

is guilty of desertion	3560

(4) Without being regularly separated from one of the forces	3561
of the organized militia enters any foreign armed services without	3562
the authorization of the United States.	3563

(B) Any commissioned officer of the organized militia who,	3564
after tender of histhe commissioned officer's resignation and	3565
before notice of its acceptance, quits histhe commissioned	3566
officer's post or proper duties without leave and with intent to	3567
remain away therefrom permanently is guilty of desertion.	3568

(C) Any person found guilty of desertion or attempt to desert	3569
shall be punished, if the offense is committed in time of war, by	3570
death or such other punishment as a court-martial may direct, but	3571
if the desertion or attempt to desert occurs at any other time, by	3572
such punishment, other than death, as a court-martial may direct.	3573

Sec. 5924.86.  Any person subject to this code who, without	3574
authority, does any of the following shall be punished as a	3575
court-martial may direct:	3576

(A) Fails to go to histhe person's appointed place of duty	3577
at the time prescribed;	3578

(B) Goes from histhe person's appointed place of duty; or

3579

(C) Absents himselfself or remains absent from histhe	3580
person's unit, organization, or place of duty at which hethe	3581
person is required to be at the time prescribed; shall be punished	3582
as a court-martial may direct.	3583

Sec. 5924.87.  Any person subject to this code who through	3584
neglect or design misses the movement of a ship, aircraft, or unit	3585
with which hethe person is required in the course of duty to move	3586
shall be punished as a court-martial may direct.	3587

Sec. 5924.88.  Any person subject to this codecommissioned	3588
officer who uses contemptuous words against the president, the	3589
governor, or the legislature, or the governor or legislature of	3590
anythis state, territory, commonwealth, or possession wherein	3591
that person may be serving, shall be punished as a court-martial	3592
may direct.	3593

Sec. 5924.89.  Any person subject to this code who behaves	3594
with disrespect toward histhe person's superior commissioned	3595
officer shall be punished as a court-martial may direct.	3596

Sec. 5924.90.  Any person subject to this code who does	3597
either of the following shall be punished as a court-martial may	3598
direct:	3599

(A) Strikes histhe person's superior commissioned officer or	3600
draws or lifts up any weapon or offers any violence against him	3601
the person's superior commissioned officer while hethat officer	3602
is in the execution of his officeofficial duties; or	3603

(B) Willfully disobeys a lawful command of histhe person's	3604
superior commissioned officer;	3605

shall be punished as a court-martial may direct.	3606

Sec. 5924.91.  Any warrant officer or enlisted member who	3607
does any of the following shall be punished as a court-martial may	3608
direct:	3609

(A) Strikes or assaults a warrant officer,or noncommissioned	3610
officer, or petty officer, while that officer is in the execution	3611
of his officeofficial duties;	3612

(B) Willfully disobeys the lawful order of a warrant officer,	3613
or noncommissioned officer, or petty officer; or	3614

(C) Treats with contempt or is disrespectful in language or	3615
deportment toward a warrant officer,or noncommissioned officer,	3616
or petty officer, while that officer is in the execution of his	3617
office;	3618

shall be punished as a court-martial may direct official duties.	3619

Sec. 5924.92.  Any person subject to this code who does any	3620
of the following shall be punished as a court-martial may direct:	3621

(A) Violates or fails to obey any lawful general order or	3622
regulation;	3623

(B) Having knowledge of any other lawful order issued by a	3624
member of the organized militia, which itthat is histhe person's	3625
duty to obey, fails to obey the order; or	3626

(C) Is derelict in the performance of histhe person's	3627
duties;	3628

shall be punished as a court-martial may direct.	3629

Sec. 5924.93.  Any person subject to this code who is guilty	3630
of cruelty toward, or oppression or maltreatment of, any other	3631
person subject to histhe person's orders shall be punished as a	3632
court-martial may direct.	3633

Sec. 5924.94.  (A)(1) Any person subject to this code who:

3634

(1) With, with intent to usurp or override lawful military	3635
authority, refuses, in concert with any other person, to obey	3636
orders or otherwise do histhe person's duty or creates any	3637
violence or disturbance is guilty of mutiny;.	3638

(2) WithAny person subject to this code who, with intent to	3639
cause the overthrow or destruction of lawful civil authority,	3640
creates, in concert with any other person, revolt, violence, or	3641
other disturbance against that authority is guilty of sedition;.	3642

(3) FailsAny person subject to this code who fails to do his	3643
the person's utmost to prevent and suppress a mutiny or sedition	3644
being committed in histhe person's presence, or fails to take all	3645
reasonable means to inform histhe person's superior commissioned	3646
officer or commanding officer of a mutiny or sedition which he	3647
that the person knows or has reason to believe is taking place, is	3648
guilty of a failure to suppress or report a mutiny or sedition.	3649

(B) A person who is found guilty of attempted mutiny, mutiny,	3650
sedition, or failure to suppress or report a mutiny or sedition	3651
shall be punished by death or such other punishment as a	3652
court-martial may direct.	3653

Sec. 5924.95.  Any person subject to this code who resists	3654
apprehension or, flees from apprehension, breaks arrest, or who	3655
escapes from physical restraint lawfully imposedcustody or	3656
confinement shall be punished as a court-martial may direct.	3657

Sec. 5924.96.  Any person subject to this code who, without	3658
proper authority, releases any prisoner committed to histhe	3659
person's charge, or who through neglect or design suffers any such	3660
prisoner committed to the person's charge to escape, shall be	3661
punished as a court-martial may direct, whether or not the	3662
prisoner was committed in strict compliance with law.	3663

Sec. 5924.97.  Any person subject to this code, who, except	3664
as provided by law or regulation, apprehends, arrests, or confines	3665
any person shall be punished as a court-martial may direct.	3666

Sec. 5924.98.  Any person subject to this code who:

3667

(A) Isis responsible for unnecessary delay in the	3668
disposition of any case of a person accused of an offense under	3669
this code; or	3670

(B) Knowinglywho knowingly and intentionally fails to	3671
enforce or comply with any provision of this code regulating the	3672
proceedings before, during, or after trial of an accused;	3673

shall be punished as a court-martial may direct.	3674

Sec. 5924.103.  (A) All persons subject to this code shall	3675
secure all public property taken from the enemy for the service of	3676
the United States,and this state and shall give notice and turn	3677
over to the proper authority without delay all captured or	3678
abandoned property in their possession, custody, or control.	3679

(B) Any person subject to this code who does any of the	3680
following shall be punished as a court-martial may direct:	3681

(1) Fails to carry out the duties prescribed in division (A)	3682
of this section;	3683

(2) Buys, sells, trades, or in any way deals in or disposes	3684
of captured or abandoned property, whereby hethe person receives	3685
or expects any profit, benefit, or advantage to himselfself or	3686
another directly or indirectly connected with himselfself; or	3687

(3) Engages in looting or pillaging;

3688

shall be punished as a court-martial may direct.	3689

Sec. 5924.108.  Any person subject to this code who, without	3690
proper authority, does any of the following with regard to any	3691
military property of the United States or of this state shall be	3692
punished as a court-martial may direct:	3693

(A) Sells or otherwise disposes of the property;

3694

(B) Willfully or through neglect damages, destroys, or loses	3695
the property; or	3696

(C) Willfully or through neglect suffers to be lost, damaged,	3697
destroyed, sold, or wrongfully disposed of;	3698

any military property of the United States or of the state, shall	3699
be punished as a court-martial may direct the property.	3700

Sec. 5924.109.  Any person subject to this code who, while in	3701
a duty status, willfully or recklessly wastes, spoils, or	3702
otherwise willfully and wrongfully destroys or damages any	3703
property other than military property of the United States or of	3704
the state shall be punished as a court-martial may direct.	3705

Sec. 5924.111. Any(A) Subject to division (B) of this	3706
section, any person subject to this code who operatesdoes any of	3707
the following shall be punished as a court-martial may direct:	3708

(1) Operates or physically controls any vehicle while drunk,	3709
or, aircraft, or vessel in a reckless or wanton manner, shall be	3710
punished as a court-martial may direct;	3711

(2) Operates or physically controls any vehicle, aircraft, or	3712
vessel while under the influence of alcohol, a drug of abuse, or a	3713
combination of them;	3714

(3) Operates or physically controls any vehicle, aircraft, or	3715
vessel while having in the person's whole blood, blood serum or	3716
plasma, breath, or urine the minimum concentrations of alcohol set	3717
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	3718
the Revised Code;	3719

(4) Operates or physically controls any vehicle, aircraft, or	3720
vessel while having in the person's whole blood, blood serum or	3721
plasma, or urine the concentrations of controlled substances or	3722
metabolites of a controlled substance set forth in division	3723
(A)(1)(j) of section 4511.19 of the Revised Code.	3724

(B) If a military installation is located partially in this	3725
state and partially in one or more other states, the adjutant	3726
general may select the alcohol and controlled substance levels set	3727
forth in the impaired operating laws of one of the other states to	3728
apply on the installation in place of the levels set forth in	3729
division (A) of this section.	3730

Sec. 5924.1121.  (A) As used in this section, "prohibited	3731
substance" means any of the following:	3732

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	3733
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	3734
marihuana or any compound or derivative of any of those	3735
substances;	3736

(2) Any substance not specified in division (A)(1) of this	3737
section that the adjutant general lists on a schedule of	3738
controlled substances or that is listed on a schedule established	3739
under section 202 of the Federal Controlled Substances Act, 21	3740
U.S.C. 812, 84 Stat. 1247, as amended.	3741

(B) A person subject to this code who wrongfully uses,	3742
possesses, manufactures, distributes, imports into the customs	3743
territory of the United States, exports from the United States, or	3744
introduces into an installation, vessel, vehicle, or aircraft used	3745
by or under the control of the armed forces of the United States	3746
or of the organized militia a prohibited substance shall be	3747
punished as a court-martial may direct.	3748

Sec. 5924.113.  Any sentinel or lookout who is found drunk or	3749
sleeping on histhe sentinel's or lookout's post, or leaves it	3750
before hethe sentinel or lookout is regularly relieved, shall be	3751
punished, if the offense is committed in time of war, by death or	3752
such other punishment as a court-martial may direct, but if the	3753
offense is committed at any other time, by such punishment other	3754
than death as a court-martial may direct.	3755

Sec. 5924.115.  Any person subject to this code who for the	3756
purpose of avoiding work, duty, or service in the organized	3757
militia does either of the following shall be punished as a	3758
court-martial may direct:	3759

(A) Feigns illness, physical disablement, mental lapse, or	3760
derangement; or	3761

(B) Intentionally inflicts self-injury;

3762

shall be punished as a court-martial may direct.	3763

Sec. 5924.120.  (A) As used in this section:

3764

(1) "Affirmative defense" means any special defense that,	3765
although not denying that the accused committed the objective acts	3766
constituting the offense charged, denies, in whole or in part,	3767
criminal responsibility for those acts.	3768

(2) "Bodily harm" means any offensive touching of another,	3769
however slight, that does not result in grievous bodily harm.	3770

(3) "Consent" means words or overt acts indicating a freely	3771
given agreement to the sexual conduct at issue by a competent	3772
person.	3773

(4) "Dangerous weapon or object" means any of the following:

3774

(a) Any firearm, whether loaded or not and whether operable	3775
or not;	3776

(b) Any other weapon, device, instrument, material, or	3777
substance, whether animate or inanimate, that as used or intended	3778
to be used is known to be capable of producing death or grievous	3779
bodily harm;	3780

(c) Any object fashioned or used in such a manner as to lead	3781
a person on whom the object is used or threatened to be used to	3782
reasonably believe under the circumstances that the object is	3783
capable of producing death or grievous bodily harm.	3784

(5) "Force" means action to compel submission of another or	3785
to overcome or prevent another's resistance by either of the	3786
following:	3787

(a) The use, display, or suggestion of possession of a	3788
dangerous weapon or object;	3789

(b) Physical violence, strength, power, or restraint applied	3790
to another person sufficient to prevent the other person from	3791
avoiding or escaping sexual contact.	3792

(6) "Grievous bodily harm" means serious bodily injury,	3793
including but not limited to fractured or dislocated bones, deep	3794
cuts, torn members of the body, and serious damage to internal	3795
organs.	3796

(7) "Indecent conduct" means that form of immorality relating	3797
to sexual impurity that is grossly vulgar, obscene, and repugnant	3798
to common propriety and tends to excite sexual desire or deprave	3799
morals with respect to sexual relations. Indecent conduct includes	3800
observing or making a videotape, photograph, motion picture,	3801
print, negative, slide, or other mechanically, electronically, or	3802
chemically reproduced visual material, without another person's	3803
consent and contrary to that other person's reasonable expectation	3804
of privacy, of either of the following:	3805

(a) That other person's genitalia, anus, or buttocks, or, if	3806
that other person is female, that person's areola or nipple;	3807

(b) That other person while that other person is engaged in a	3808
sexual act, sexual contact, or sodomy.	3809

(8) "Lesser degree of harm" means any of the following:

3810

(a) Physical injury to the person or property of a person	3811
other than the victim of the offense;	3812

(b) A threat to do any of the following:

3813

(i) Accuse any person of a crime;

3814

(ii) Expose a secret or publicize an asserted fact, whether	3815
true or false, tending to subject some person to hatred, contempt,	3816
or ridicule;	3817

(iii) Through the use or abuse of military position, rank, or	3818
authority, to affect or threaten to affect, either positively or	3819
negatively, the military career of some person.	3820

(9) "Mistake of fact as to consent" means a belief that is	3821
incorrect, as a result of ignorance or mistake, that a person	3822
engaging in sexual conduct consented to engage in that conduct, if	3823
both of the following apply:	3824

(a) The ignorance or mistake existed in the mind of the	3825
accused at the time the sexual conduct in issue occurred and was	3826
based on information or lack of information that would have	3827
indicated to a reasonable person that the other person consented;	3828

(b) The ignorance or mistake was not based on the accused's	3829
failure to discover facts that a reasonably careful person would	3830
have discovered under the same or similar circumstances.	3831

(10) "Sexual act" means either of the following:

3832

(a) Contact between the penis and the vulva, including any	3833
penetration, however slight;	3834

(b) Anal intercourse, fellatio, and cunnilingus between	3835
persons, regardless of sex;	3836

(c) The penetration, however slight, of the genital opening	3837
of another by a hand or finger or any object with an intent to	3838
abuse, humiliate, harass, or degrade any person or to arouse or	3839
gratify the sexual desire of any person.	3840

(11) "Sexual contact" means the intentional touching, either	3841
directly or through clothing, of the genitalia, anus, groin,	3842
breast, inner thigh, or buttocks of another person with an intent	3843
to abuse, humiliate, or degrade any person or to arouse or gratify	3844
the sexual desire of any person.	3845

(12) "Sexual conduct" means any act that is prohibited by	3846
this section.	3847

(13)(a) For purposes of divisions (B) and (D) of this	3848
section, "threatening or placing that other person in fear" means	3849
making a communication or performing an action of sufficient	3850
consequence to cause that other person to reasonably fear that	3851
noncompliance will result in that person or another being	3852
subjected to death, grievous bodily harm, or kidnapping.	3853

(b) For purposes of divisions (C) and (E) of this section,	3854
"threatening or placing that other person in fear" means making a	3855
communication or performing an action of sufficient consequence to	3856
cause a victim of the offense to reasonably fear that	3857
noncompliance will result in the victim or another being subjected	3858
to a lesser degree of harm than death, grievous bodily harm, or	3859
kidnapping.	3860

(B) Any person subject to this chapter who causes another	3861
person of any age to engage in a sexual act by doing any of the	3862
following is guilty of rape and shall be punished as a	3863
court-martial may direct:	3864

(1) Using force against that other person;

3865

(2) Causing grievous bodily harm to any person;

3866

(3) Threatening or placing that other person in fear;

3867

(4) Rendering another person unconscious;

3868

(5) Administering to another person by force or threat of	3869
force, or without the knowledge or permission of that person, a	3870
drug, intoxicant, or other similar substance that substantially	3871
impairs the ability of that other person to appraise or control	3872
conduct.	3873

(C) Any person subject to this chapter who does either of the	3874
following is guilty of aggravated sexual assault and shall be	3875
punished as a court-martial may direct:	3876

(1) Causes another person of any age to engage in a sexual	3877
act by doing either of the following:	3878

(a) Threatening or placing that other person in fear;

3879

(b) Causing bodily harm.

3880

(2) Engages in a sexual act with another person of any age if	3881
that other person is substantially incapable of doing any of the	3882
following:	3883

(a) Appraising the nature of the sexual act;

3884

(b) Declining to participate in the sexual act;

3885

(c) Communicating unwillingness to engage in the sexual act.

3886

(D) Any person subject to this chapter who engages in sexual	3887
contact or causes sexual contact with or by another person by	3888
doing any of the following is guilty of aggravated sexual contact	3889
and shall be punished as a court-martial may direct:	3890

(1) Using force against that other person;

3891

(2) Causing grievous bodily harm to any person;

3892

(3) Threatening or placing that other person in fear;

3893

(4) Rendering another person unconscious;

3894

(5) Administering to another person by force or threat of	3895
force, or without the knowledge or permission of that person, a	3896
drug, intoxicant, or other similar substance that substantially	3897
impairs the ability of that other person to appraise or control	3898
conduct.	3899

(E) Any person subject to this chapter who does either of the	3900
following is guilty of abusive sexual contact and shall be	3901
punished as a court-martial may direct:	3902

(1) Engages in or causes sexual contact with or by another	3903
person by doing either of the following:	3904

(a) Threatening or placing that other person in fear;

3905

(b) Causing bodily harm.

3906

(2) Engages in sexual contact with another person of any age	3907
if that other person is substantially incapable of doing any of	3908
the following:	3909

(a) Appraising the nature of the sexual contact;

3910

(b) Declining to participate in the sexual contact;

3911

(c) Communicating unwillingness to engage in the sexual	3912
contact.	3913

(F) Any person subject to this chapter who engages in	3914
indecent conduct is guilty of an indecent act and shall be	3915
punished as a court-martial may direct.	3916

(G) Any person subject to this chapter who, without legal	3917
justification or lawful authorization, engages in sexual contact	3918
with another person without that other person's permission is	3919
guilty of wrongful sexual contact and shall be punished as a	3920
court-martial may direct.	3921

(H) Any person subject to this chapter who intentionally	3922
exposes, in an indecent manner, in any place where the conduct	3923
involved may reasonably be expected to be viewed by people other	3924
than members of the person's family or household, the person's	3925
genitalia, anus, buttock, or female areola or nipple is guilty of	3926
indecent exposure and shall be punished as a court-martial may	3927
direct.	3928

(I)In a prosecution under this section, in proving that the	3929
accused made a threat, it need not be proven that the accused	3930
actually intended to carry out the threat.	3931

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	3932
this section, it is an affirmative defense that the accused and	3933
the other person, when they engaged in the sexual conduct were	3934
married to each other.	3935

(2) Division (J)(1) of this section does not apply if the	3936
accused's intent at the time of the sexual conduct is to abuse,	3937
humiliate, or degrade any person.	3938

(K)(1) Lack of permission is an element of the offense under	3939
division (G) of this section. Consent and mistake of fact as to	3940
consent are affirmative defenses only to the sexual conduct in	3941
issue in a prosecution under division (B), (C), (D), or (E) of	3942
this section.	3943

(2) The enumeration in this section of some affirmative	3944
defenses shall not be construed as excluding the existence of	3945
other affirmative defenses.	3946

(3) The accused has the burden of proving an affirmative	3947
defense by a preponderance of evidence. After the defense meets	3948
this burden, the prosecution has the burden of proving beyond a	3949
reasonable doubt that the affirmative defense did not exist.	3950

(L)(1) An expression of lack of consent through words or	3951
conduct means there is no consent. Lack of verbal or physical	3952
resistance or submission resulting from an accused's use of force,	3953
threat of force, or placing another person in fear does not	3954
constitute consent. A current or previous dating relationship by	3955
itself or the manner of dress of a person involved with the	3956
accused in the sexual conduct does not constitute consent.	3957

(2) A person cannot consent to sexual conduct if the person	3958
is substantially incapable of any of the following:	3959

(a) Appraising the nature of the sexual conduct due to mental	3960
impairment or unconsciousness resulting from consumption of	3961
alcohol, drugs, or a similar substance or any other cause or to	3962
mental disease or defect that renders the person unable to	3963
understand the nature of the sexual conduct;	3964

(b) Physically declining to participate in the sexual	3965
conduct;	3966

(c) Physically communicating unwillingness to engage in the	3967
sexual conduct.	3968

(M) An accused's state of intoxication, if any, at the time	3969
of an offense under this section occurs is not relevant to the	3970
existence of a mistake of fact as to consent.	3971

Sec. 5924.128.  (A) Any person subject to this code who	3972
attempts or offers with unlawful force or violence to do bodily	3973
harm to another person, whether or not the attempt or offer is	3974
consummated, is guilty of assault and shall be punished as a	3975
court-martial may direct.	3976

(B) Any person subject to this code who does either of the	3977
following is guilty of aggravated assault and shall be punished as	3978
a court-martial may direct:	3979

(1) Commits an assault with a dangerous weapon or other means	3980
or force likely to produce death or grievous bodily harm; or	3981

(2) Commits an assault and intentionally inflicts grievous	3982
bodily harm with or without a weapon;	3983

is guilty of aggravated assault and shall be punished as a	3984
court-martial may direct.	3985

Sec. 5924.131.  Any person subject to this code who, in a	3986
judicial proceeding or in a course of justice conducted under this	3987
code, willfully and corruptly gives, upondoes either of the	3988
following is guilty of perjury and shall be punished as a	3989
court-martial may direct:	3990

(A) Upon a lawful oath or in any form allowed by law to be	3991
substituted for an oath, gives any false testimony material to the	3992
issue or matter of inquiry is guilty of perjury and shall be	3993
punished as a court-martial may direct;	3994

(B) In any declaration, certification, verification, or	3995
statement made under penalty of perjury subscribes any false	3996
statement material to the issue or matter of inquiry.	3997

Sec. 5924.132.  Any person subject to this code who does any	3998
of the following shall be punished as a court-martial may direct:	3999

(A) Who, knowing itKnowing a claim to be false or fraudulent	4000
does either of the following:	4001

(1) Makes any claim against the United States, the state, or	4002
any officer thereofof the United States or the state; or	4003

(2) Presents to any person in the civil or military service	4004
thereofof the United States or the state, for approval or	4005
payment, any claim against the United States, the state, or any	4006
officer thereofof the United States or the state;	4007

(B) Who, forFor the purpose of obtaining the approval,	4008
allowance, or payment of any claim against the United States, the	4009
state, or any officer thereofof the United States or the state	4010
does any of the following:	4011

(1) Makes or uses any writing or other paper knowing it to	4012
contain any false or fraudulent statements;	4013

(2) Makes any oath to any fact or to any writing or other	4014
paper knowing the oath to be false; or	4015

(3) Forges or counterfeits any signature upon any writing or	4016
other paper, or uses any suchforged or counterfeit signature	4017
knowing it to be forged or counterfeited;	4018

(C) Who, havingHaving charge, possession, custody, or	4019
control of any money, or other property of the United States or	4020
the state, furnished or intended for the armed forces of the	4021
United States or the organized militia or any force thereof,	4022
knowingly delivers to any person having authority to receive it,	4023
any amount thereof less than that for which hethe person making	4024
the delivery receives a certificate or receipt; or	4025

(D) Who, beingBeing authorized to make or deliver any paper	4026
certifying the receipt of any property of the United States or the	4027
state, furnished or intended for the armed forces of the United	4028
States or the organized militia or any force thereof, makes or	4029
delivers to any person such writing without having full knowledge	4030
of the truth of the statements therein contained and with intent	4031
to defraud the United States or the state;	4032

shall, upon conviction, be punished as a court-martial may direct.	4033

Sec. 5924.133.  Any commissioned officer who is convicted of	4034
conduct unbecoming an officer and a lady or gentleman shall be	4035
punished as a court-martial may direct.	4036

Sec. 5924.146.  No person may be tried or punished for any	4037
offense provided for in sections 5924.77 to 5924.134, inclusive,	4038
of the Revised Code and of this code, unless it was committed	4039
while hethe person was in a military or national guard technician	4040
duty status.	4041

Section 2. That existing sections 124.23, 124.26, 3319.085,	4042
3737.881, 3781.10, 5321.04, 5903.10, 5903.11, 5911.07, 5923.12,	4043
5924.01, 5924.02, 5924.03, 5924.06, 5924.07, 5924.08, 5924.09,	4044
5924.10, 5924.11, 5924.13, 5924.14, 5924.15, 5924.16, 5924.17,	4045
5924.18, 5924.19, 5924.20, 5924.22, 5924.23, 5924.24, 5924.25,	4046
5924.26, 5924.27, 5924.28, 5924.29, 5924.30, 5924.31, 5924.32,	4047
5924.33, 5924.34, 5924.35, 5924.36, 5924.37, 5924.38, 5924.39,	4048
5924.41, 5924.42, 5924.43, 5924.44, 5924.45, 5924.46, 5924.47,	4049
5924.48, 5924.49, 5924.50, 5924.51, 5924.52, 5924.54, 5924.56,	4050
5924.57, 5924.58, 5924.59, 5924.60, 5924.63, 5924.72, 5924.73,	4051
5924.74, 5924.75, 5924.76, 5924.77, 5924.78, 5924.82, 5924.83,	4052
5924.84, 5924.85, 5924.86, 5924.87, 5924.88, 5924.89, 5924.90,	4053
5924.91, 5924.92, 5924.93, 5924.94, 5924.95, 5924.96, 5924.97,	4054
5924.98, 5924.103, 5924.108, 5924.109, 5924.111, 5924.113,	4055
5924.115, 5924.128, 5924.131, 5924.132, 5924.133, and 5924.146 and	4056
sections 5924.04, 5924.12, 5924.21, 5924.61, 5924.62, 5924.64,	4057
5924.65, 5924.66, 5924.70, 5924.71, 5924.99, 5924.100, 5924.101,	4058
5924.102, 5924.104, 5924.105, 5924.106, 5924.110, 5924.114,	4059
5924.118, 5924.119, 5924.120, 5924.122, 5924.1231, 5924.124,	4060
5924.125, 5924.126, 5924.129, 5924.130, 5924.145, and 5924.147	4061
of the Revised Code are hereby repealed.	4062