H. B. No. 405 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 405

Representative Rosenberger

A BILL

To amend sections 124.23, 124.26, 3319.085, 3737.881,

3781.10, 4123.022, 5321.04, 5901.01, 5903.10,

5903.11, 5911.07, 5923.12, 5924.01, 5924.02,

5924.03, 5924.06, 5924.07, 5924.08, 5924.09,

5924.10, 5924.11, 5924.13, 5924.14, 5924.15,

5924.16, 5924.17, 5924.18, 5924.19, 5924.20,

5924.22, 5924.23, 5924.24, 5924.25, 5924.26,

5924.27, 5924.28, 5924.29, 5924.30, 5924.31,

5924.32, 5924.33, 5924.34, 5924.35, 5924.36,

5924.37, 5924.38, 5924.39, 5924.41, 5924.42,

5924.43, 5924.44, 5924.45, 5924.46, 5924.47,

5924.48, 5924.49, 5924.50, 5924.51, 5924.52,

5924.54, 5924.56, 5924.57, 5924.58, 5924.59,

5924.60, 5924.63, 5924.72, 5924.73, 5924.74,

5924.75, 5924.76, 5924.77, 5924.78, 5924.82,

5924.83, 5924.84, 5924.85, 5924.86, 5924.87,

5924.88, 5924.89, 5924.90, 5924.91, 5924.92,

5924.93, 5924.94, 5924.95, 5924.96, 5924.97,

5924.98, 5924.103, 5924.108, 5924.109, 5924.111,

5924.113, 5924.115, 5924.128, 5924.131, 5924.132,

5924.133, and 5924.146, to enact new sections

5924.21, 5924.61, 5924.62, 5924.64, 5924.65,

5924.66, 5924.70, 5924.71, and 5924.120 and

sections 4743.04, 5924.501, 5924.502, 5924.503,

5924.504, 5924.505, 5924.506, 5924.581, 5924.582,

5924.67, 5924.68, 5924.69, 5924.761, and

5924.1121, and to repeal sections 5924.04,

5924.12, 5924.21, 5924.61, 5924.62, 5924.64,

5924.65, 5924.66, 5924.70, 5924.71, 5924.99,

5924.100, 5924.101, 5924.102, 5924.104, 5924.105,

5924.106, 5924.110, 5924.114, 5924.118, 5924.119,

5924.120, 5924.122, 5924.1231, 5924.124, 5924.125,

5924.126, 5924.129, 5924.130, 5924.145, and

5924.147 of the Revised Code 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 that workers' compensation

claims of members of the organized militia be

determined in accordance with applicable line of

duty regulations, to require landlords to observe

the rights of tenants who are service members

under federal law, to recognize former members of

the Ohio National Guard as veterans with regard to

burial and related rights, 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.

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

Section 1. That sections 124.23, 124.26, 3319.085, 3737.881,	60
3781.10, 4123.022, 5321.04, 5901.01, 5903.10, 5903.11, 5911.07,	61
5923.12, 5924.01, 5924.02, 5924.03, 5924.06, 5924.07, 5924.08,	62
5924.09, 5924.10, 5924.11, 5924.13, 5924.14, 5924.15, 5924.16,	63
5924.17, 5924.18, 5924.19, 5924.20, 5924.22, 5924.23, 5924.24,	64
5924.25, 5924.26, 5924.27, 5924.28, 5924.29, 5924.30, 5924.31,	65
5924.32, 5924.33, 5924.34, 5924.35, 5924.36, 5924.37, 5924.38,	66
5924.39, 5924.41, 5924.42, 5924.43, 5924.44, 5924.45, 5924.46,	67
5924.47, 5924.48, 5924.49, 5924.50, 5924.51, 5924.52, 5924.54,	68
5924.56, 5924.57, 5924.58, 5924.59, 5924.60, 5924.63, 5924.72,	69
5924.73, 5924.74, 5924.75, 5924.76, 5924.77, 5924.78, 5924.82,	70
5924.83, 5924.84, 5924.85, 5924.86, 5924.87, 5924.88, 5924.89,	71
5924.90, 5924.91, 5924.92, 5924.93, 5924.94, 5924.95, 5924.96,	72
5924.97, 5924.98, 5924.103, 5924.108, 5924.109, 5924.111,	73
5924.113, 5924.115, 5924.128, 5924.131, 5924.132, 5924.133, and	74
5924.146 be amended and new sections 5924.21, 5924.61, 5924.62,	75
5924.64, 5924.65, 5924.66, 5924.70, 5924.71, and 5924.120 and	76
sections 4743.04, 5924.501, 5924.502, 5924.503, 5924.504,	77
5924.505, 5924.506, 5924.581, 5924.582, 5924.67, 5924.68, 5924.69,	78
5924.761, and 5924.1121 of the Revised Code be enacted to read as	79
follows:	80

Sec. 124.23. (A) All applicants for positions and places in	81
the classified service shall be subject to examination, except for	82
applicants for positions as professional or certified service and	83
paraprofessional employees of county boards of developmental	84
disabilities, who shall be hired in the manner provided in section	85
124.241 of the Revised Code.	86

(B) Any examination administered under this section shall be	87
public and be open to all citizens of the United States and those	88
persons who have legally declared their intentions of becoming	89
United States citizens. For examinations administered for	90
positions in the service of the state, the director of	91
administrative services or the director's designee may determine	92
certain limitations as to citizenship, age, experience, education,	93
health, habit, and moral character.	94

(C)(1) Any person who has completed service in the uniformed	95
services, who has been honorably discharged from the uniformed	96
services or transferred to the reserve with evidence of	97
satisfactory service, and who is a resident of this state and any	98
member of ~~the national guard or~~ a reserve component of the armed	99
forces of the United States, including the Ohio national guard,	100
who has completed more than one hundred eighty days of active duty	101
service pursuant to an executive order of the president of the	102
United States or an act of the congress of the United States may	103
file with the director a certificate of service or honorable	104
discharge, and, upon this filing, the person shall receive	105
additional credit of twenty per cent of the person's total grade	106
given in the examination in which the person receives a passing	107
grade.	108

(2) A member of a reserve component of the armed forces of	109
the United States, including the Ohio national guard, who	110
successfully completes the member's initial entry-level training	111
shall receive a credit of fifteen per cent of the person's total	112
grade given in the examination in which the person receives a	113
passing grade.	114

(3) As used in this division, "service in the uniformed	115
services" and "uniformed services" have the same meanings as in	116
the "Uniformed Services Employment and Reemployment Rights Act of	117
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	118

(D) An examination may include an evaluation of such factors	119
as education, training, capacity, knowledge, manual dexterity, and	120
physical or psychological fitness. An examination shall consist of	121
one or more tests in any combination. Tests may be written, oral,	122
physical, demonstration of skill, or an evaluation of training and	123
experiences and shall be designed to fairly test the relative	124
capacity of the persons examined to discharge the particular	125
duties of the position for which appointment is sought. Tests may	126
include structured interviews, assessment centers, work	127
simulations, examinations of knowledge, skills, and abilities, and	128
any other acceptable testing methods. If minimum or maximum	129
requirements are established for any examination, they shall be	130
specified in the examination announcement.	131

(E) Except as otherwise provided in sections 124.01 to 124.64	132
of the Revised Code, when a position in the classified service of	133
the state is to be filled, an examination shall be administered.	134
The director of administrative services shall have control of all	135
examinations administered for positions in the service of the	136
state and all other examinations the director administers as	137
provided in section 124.07 of the Revised Code, except as	138
otherwise provided in sections 124.01 to 124.64 of the Revised	139
Code. The director shall, by rule adopted under Chapter 119. of	140
the Revised Code, prescribe the notification method that is to be	141
used by an appointing authority to notify the director that a	142
position in the classified service of the state is to be filled.	143
In addition to the positions described in section 124.30 of the	144
Revised Code, the director may, with sufficient justification from	145
the appointing authority, allow the appointing authority to fill	146
the position by noncompetitive examination. The director shall	147
establish, by rule adopted under Chapter 119. of the Revised Code,	148
standards that the director shall use to determine what serves as	149
sufficient justification from an appointing authority to fill a	150
position by noncompetitive examination.	151

(F) No questions in any examination shall relate to political	152
or religious opinions or affiliations. No credit for seniority,	153
efficiency, or any other reason shall be added to an applicant's	154
examination grade unless the applicant achieves at least the	155
minimum passing grade on the examination without counting that	156
extra credit.	157

(G) Except as otherwise provided in sections 124.01 to 124.64	158
of the Revised Code, the director of administrative services or	159
the director's designee shall give reasonable notice of the time,	160
place, and general scope of every competitive examination for	161
appointment that the director or the director's designee	162
administers for positions in the classified service of the state.	163
The director or the director's designee shall post notices via	164
electronic media of every examination to be conducted for	165
positions in the classified civil service of the state. The	166
electronic notice shall be posted on the director's internet site	167
on the world wide web for a minimum of one week preceding any	168
examination involved.	169

Sec. 124.26. From the returns of the examinations, the	170
director of administrative services or the director's designee	171
shall prepare an eligible list of the persons whose general	172
average standing upon examinations for the class or position is	173
not less than the minimum fixed by the rules of the director, and	174
who are otherwise eligible. Those persons shall take rank upon the	175
eligible list as candidates in the order of their relative	176
excellence as determined by the examination without reference to	177
priority of the time of examination. If two or more applicants	178
receive the same mark in an open competitive examination, priority	179
in the time of filing the application with the director or the	180
director's designee shall determine the order in which their names	181
shall be placed on the eligible list, except that applicants	182
eligible for the veteran's or the reserve component member's	183
preference under section 124.23 of the Revised Code shall receive	184
priority in rank on the eligible list over nonveterans and	185
nonmembers of the reserve component on the list with a rating	186
equal to that of the veteran or reserve component member. Ties	187
among veterans or among reserve component members shall be decided	188
by priority of filing the application. A tie between a veteran	189
and a reserve component member shall be decided in favor of the	190
veteran.	191

. An eligible list expires upon the filling or closing of the	192
position. An expired eligible list may be used to fill a position	193
of the same classification within the same appointing authority	194
for which the list was created. But, in no event shall an expired	195
list be used more than one year past its expiration date.	196

Sec. 3319.085. Any nonteaching school employee who,	197
~~subsequent to September 1, 1962, has left, or leaves, the employ~~	198
~~of a board of education for the purpose of entering on extended~~	199
~~active duty in the armed services of the United States or the~~	200
~~auxiliaries thereof, and within eight weeks enters such service~~	201
performs service in the uniformed services or service under	202
section 5923.12 of the Revised Code and who has returned, or	203
returns, from ~~such~~that service with ~~an honorable~~a discharge	204
under honorable conditions or ~~certificate of~~is released from	205
service under section 5923.12 of the Revised Code shall be	206
re-employed by the board of education of the district in which he	207
the nonteaching school employee held ~~such~~the nonteaching school	208
employee position~~, under the same type of contract as that which~~	209
~~he last held in such district, if such nonteaching school employee~~	210
~~applies, within ninety days after such discharge, to such board of~~	211
~~education for re-employment. Upon such application, such~~	212
~~nonteaching school employee shall be re-employed at the first of~~	213
~~the next school semester, if such application is made not less~~	214
~~than thirty days prior to the first of such next school semester,~~	215
~~in which case such nonteaching school employee shall be~~	216
~~re-employed the first of the following school semester, unless the~~	217
~~board of education waives the requirement for such thirty-day~~	218
~~period.~~	219

~~For the purposes of seniority and placement on the salary~~	220
~~schedule, years of absence on extended active duty in the armed~~	221
~~services of the United States or the auxiliaries thereof shall not~~	222
~~exceed four, and shall be counted as though school service had~~	223
~~been performed during such time~~as required by the "Uniformed	224
Services Employment and Reemployment Rights Act of 1994," 108	225
Stat. 3149, 38 U.S.C. 4303.	226

The board of education of ~~this~~the district in which ~~such~~the	227
nonteaching school employee was employed and is re-employed under	228
this section may suspend the contract of the nonteaching school	229
employee whose services become unnecessary by reason of the return	230
of a nonteaching school employee from service in the ~~armed~~	231
uniformed services ~~or auxiliaries thereof~~.	232

As used in this section, "service in the uniformed services"	233
and "uniformed services" have the same meanings as in the	234
"Uniformed Services Employment and Reemployment Rights Act of	235
1994," 108 Stat. 3149, 38 U.S.C. 4303.	236

Sec. 3737.881. (A) The fire marshal shall certify	237
underground storage tank systems installers who meet the standards	238
for certification established in rules adopted under division	239
(D)(1) of this section, pass the certification examination	240
required by this division, and pay the certificate fee established	241
in rules adopted under division (D)(5) of this section. Any	242
individual who wishes to obtain certification as an installer	243
shall apply to the fire marshal on a form prescribed by the fire	244
marshal. The application shall be accompanied by the application	245
and examination fees established in rules adopted under division	246
(D)(5) of this section.	247

The fire marshal shall prescribe an examination designed to	248
test the knowledge of applicants for certification as underground	249
storage tank system installers in the installation, repair,	250
abandonment, and removal of those systems. The examination shall	251
also test the applicants' knowledge and understanding of the	252
requirements and standards established in rules adopted under	253
sections 3737.88 and 3737.882 of the Revised Code pertaining to	254
the installation, repair, abandonment, and removal of those	255
systems.	256

Installer certifications issued under this division shall be	257
renewed annually, upon submission of a certification renewal form	258
prescribed by the fire marshal, provision of proof of successful	259
completion of continuing education requirements, and payment of	260
the certification renewal fee established in rules adopted under	261
division (D)(5) of this section. In addition, the fire marshal may	262
from time to time prescribe an examination for certification	263
renewal and may require applicants to pass the examination and pay	264
the fee established for it in rules adopted under division (D)(5)	265
of this section.	266

The fire marshal may, in accordance with Chapter 119. of the	267
Revised Code, deny, suspend, revoke, or refuse to renew an	268
installer's certification or renewal thereof ~~if he finds~~after	269
finding that any of the following applies:	270

(1) The applicant for certification or certificate holder	271
fails to meet the standards for certification or renewal thereof	272
under this section and rules adopted under it;	273

(2) The certification was obtained through fraud or	274
misrepresentation;	275

(3) The certificate holder recklessly caused or permitted a	276
person under ~~his~~the certificate holder's supervision to install,	277
perform major repairs on site to, abandon, or remove an	278
underground storage tank system in violation of the performance	279
standards set forth in rules adopted under section 3737.88 or	280
3737.882 of the Revised Code.	281

As used in division (A)(3) of this section, "recklessly" has	282
the same meaning as in section 2901.22 of the Revised Code.	283

(B) The fire marshal shall certify persons who sponsor	284
training programs for underground storage tank system installers	285
who meet the criteria for certification established in rules	286
adopted by the fire marshal under division (D)(4) of this section	287
and pay the certificate fee established in rules adopted under	288
division (D)(5) of this section. Any person who wishes to obtain	289
certification to sponsor such a training program shall apply to	290
the fire marshal on a form prescribed by ~~him~~the fire marshal.	291
Training program certificates issued under this division shall	292
expire annually. Upon submission of a certification renewal	293
application form prescribed by the fire marshal and payment of the	294
application and certification renewal fees established in rules	295
adopted under division (D)(5) of this section, the fire marshal	296
shall issue a training program renewal certificate to the	297
applicant.	298

The fire marshal may, in accordance with Chapter 119. of the	299
Revised Code, deny an application for, suspend, or revoke a	300
training program certificate or renewal ~~thereof if he finds~~or	301
renewal of a training program certificate after finding that the	302
training program does not or will not meet the standards for	303
certification established in rules adopted under division (D)(4)	304
of this section.	305

(C) The fire marshal may conduct or cause to be conducted	306
training programs for underground storage tank systems installers	307
as hethe fire marshal considers to be necessary or appropriate.	308
The fire marshal is not subject to division (B) of this section	309
with respect to training programs conducted by employees of the	310
office of the fire marshal.	311

(D) The fire marshal shall adopt, and may amend and rescind,	312
rules doing all of the following:	313

(1) Defining the activities that constitute supervision over	314
the installation, performance of major repairs on site to,	315
abandonment of, and removal of underground storage tank systems;	316

(2) Establishing standards and procedures for certification	317
of underground storage tank systems installers;	318

(3) Establishing standards and procedures for continuing	319
education for certification renewal, subject to the provisions of	320
section 5903.12 of the Revised Code relating to active duty	321
military service;	322

(4) Establishing standards and procedures for certification	323
of training programs for installers;	324

(5) Establishing fees for applications for certifications	325
under this section, the examinations prescribed under division (A)	326
of this section, the issuance and renewal of certificates under	327
divisions (A) and (B) of this section, and attendance at training	328
programs conducted by the fire marshal under division (C) of this	329
section. Fees received under this section shall be credited to the	330
underground storage tank administration fund created in section	331
3737.02 of the Revised Code and shall be used to defray the costs	332
of implementing, administering, and enforcing this section and the	333
rules adopted thereunder, conducting training sessions, and	334
facilitating prevention of releases.	335

(6) That are necessary or appropriate for the implementation,	336
administration, and enforcement of this section.	337

(E) Nothing in this section or the rules adopted under it	338
prohibits an owner or operator of an underground storage tank	339
system from installing, making major repairs on site to,	340
abandoning, or removing an underground storage tank system under	341
the supervision of an installer certified under division (A) of	342
this section who is a full-time or part-time employee of the owner	343
or operator.	344

(F) On and after ~~the date one hundred eighty days after the~~	345
~~effective date of this section~~January 7, 1990, no person shall do	346
any of the following:	347

(1) Install, make major repairs on site to, abandon, or	348
remove an underground storage tank system unless the activity is	349
performed under the supervision of a qualified individual who	350
holds a valid installer certificate issued under division (A) of	351
this section;	352

(2) Act in the capacity of providing supervision for the	353
installation of, performance of major repairs on site to,	354
abandonment of, or removal of an underground storage tank system	355
unless the person holds a valid installer certificate issued under	356
division (A) of this section;	357

(3) Except as provided in division (C) of this section,	358
sponsor a training program for underground storage tank systems	359
installers unless the person holds a valid training program	360
certificate issued under division (B) of this section.	361

Sec. 3781.10. (A)(1) The board of building standards shall	362
formulate and adopt rules governing the erection, construction,	363
repair, alteration, and maintenance of all buildings or classes of	364
buildings specified in section 3781.06 of the Revised Code,	365
including land area incidental to those buildings, the	366
construction of industrialized units, the installation of	367
equipment, and the standards or requirements for materials used in	368
connection with those buildings. The board shall incorporate those	369
rules into separate residential and nonresidential building codes.	370
The standards shall relate to the conservation of energy and the	371
safety and sanitation of those buildings.	372

(2) The rules governing nonresidential buildings are the	373
lawful minimum requirements specified for those buildings and	374
industrialized units, except that no rule other than as provided	375
in division (C) of section 3781.108 of the Revised Code that	376
specifies a higher requirement than is imposed by any section of	377
the Revised Code is enforceable. The rules governing residential	378
buildings are uniform requirements for residential buildings in	379
any area with a building department certified to enforce the state	380
residential building code. In no case shall any local code or	381
regulation differ from the state residential building code unless	382
that code or regulation addresses subject matter not addressed by	383
the state residential building code or is adopted pursuant to	384
section 3781.01 of the Revised Code.	385

(3) The rules adopted pursuant to this section are complete,	386
lawful alternatives to any requirements specified for buildings or	387
industrialized units in any section of the Revised Code. Except as	388
otherwise provided in division (I) of this section, the board	389
shall, on its own motion or on application made under sections	390
3781.12 and 3781.13 of the Revised Code, formulate, propose,	391
adopt, modify, amend, or repeal the rules to the extent necessary	392
or desirable to effectuate the purposes of sections 3781.06 to	393
3781.18 of the Revised Code.	394

(B) The board shall report to the general assembly proposals	395
for amendments to existing statutes relating to the purposes	396
declared in section 3781.06 of the Revised Code that public health	397
and safety and the development of the arts require and shall	398
recommend any additional legislation to assist in carrying out	399
fully, in statutory form, the purposes declared in that section.	400
The board shall prepare and submit to the general assembly a	401
summary report of the number, nature, and disposition of the	402
petitions filed under sections 3781.13 and 3781.14 of the Revised	403
Code.	404

(C) On its own motion or on application made under sections	405
3781.12 and 3781.13 of the Revised Code, and after thorough	406
testing and evaluation, the board shall determine by rule that any	407
particular fixture, device, material, process of manufacture,	408
manufactured unit or component, method of manufacture, system, or	409
method of construction complies with performance standards adopted	410
pursuant to section 3781.11 of the Revised Code. The board shall	411
make its determination with regard to adaptability for safe and	412
sanitary erection, use, or construction, to that described in any	413
section of the Revised Code, wherever the use of a fixture,	414
device, material, method of manufacture, system, or method of	415
construction described in that section of the Revised Code is	416
permitted by law. The board shall amend or annul any rule or issue	417
an authorization for the use of a new material or manufactured	418
unit on any like application. No department, officer, board, or	419
commission of the state other than the board of building standards	420
or the board of building appeals shall permit the use of any	421
fixture, device, material, method of manufacture, newly designed	422
product, system, or method of construction at variance with what	423
is described in any rule the board of building standards adopts or	424
issues or that is authorized by any section of the Revised Code.	425
Nothing in this section shall be construed as requiring approval,	426
by rule, of plans for an industrialized unit that conforms with	427
the rules the board of building standards adopts pursuant to	428
section 3781.11 of the Revised Code.	429

(D) The board shall recommend rules, codes, and standards to	430
help carry out the purposes of section 3781.06 of the Revised Code	431
and to help secure uniformity of state administrative rulings and	432
local legislation and administrative action to the bureau of	433
workers' compensation, the director of commerce, any other	434
department, officer, board, or commission of the state, and to	435
legislative authorities and building departments of counties,	436
townships, and municipal corporations, and shall recommend that	437
they audit those recommended rules, codes, and standards by any	438
appropriate action that they are allowed pursuant to law or the	439
constitution.	440

(E)(1) The board shall certify municipal, township, and	441
county building departments and the personnel of those building	442
departments, and persons and employees of individuals, firms, or	443
corporations as described in division (E)(7) of this section to	444
exercise enforcement authority, to accept and approve plans and	445
specifications, and to make inspections, pursuant to sections	446
3781.03, 3791.04, and 4104.43 of the Revised Code.	447

(2) The board shall certify departments, personnel, and	448
persons to enforce the state residential building code, to enforce	449
the nonresidential building code, or to enforce both the	450
residential and the nonresidential building codes. Any department,	451
personnel, or person may enforce only the type of building code	452
for which certified.	453

(3) The board shall not require a building department, its	454
personnel, or any persons that it employs to be certified for	455
residential building code enforcement if that building department	456
does not enforce the state residential building code. The board	457
shall specify, in rules adopted pursuant to Chapter 119. of the	458
Revised Code, the requirements for certification for residential	459
and nonresidential building code enforcement, which shall be	460
consistent with this division. The requirements for residential	461
and nonresidential certification may differ. Except as otherwise	462
provided in this division, the requirements shall include, but are	463
not limited to, the satisfactory completion of an initial	464
examination and, to remain certified, the completion of a	465
specified number of hours of continuing building code education	466
within each three-year period following the date of certification	467
which shall be not less than thirty hours. The rules shall provide	468
that continuing education credits and certification issued by the	469
council of American building officials, national model code	470
organizations, and agencies or entities the board recognizes are	471
acceptable for purposes of this division. The rules shall specify	472
requirements that are consistent with the provisions of section	473
5903.12 of the Revised Code relating to active duty military	474
service and are compatible, to the extent possible, with	475
requirements the council of American building officials and	476
national model code organizations establish.	477

(4) The board shall establish and collect a certification and	478
renewal fee for building department personnel, and persons and	479
employees of persons, firms, or corporations as described in this	480
section, who are certified pursuant to this division.	481

(5) Any individual certified pursuant to this division shall	482
complete the number of hours of continuing building code education	483
that the board requires or, for failure to do so, forfeit	484
certification.	485

(6) This division does not require or authorize the board to	486
certify personnel of municipal, township, and county building	487
departments, and persons and employees of persons, firms, or	488
corporations as described in this section, whose responsibilities	489
do not include the exercise of enforcement authority, the approval	490
of plans and specifications, or making inspections under the state	491
residential and nonresidential building codes.	492

(7) Enforcement authority for approval of plans and	493
specifications and enforcement authority for inspections may be	494
exercised, and plans and specifications may be approved and	495
inspections may be made on behalf of a municipal corporation,	496
township, or county, by any of the following who the board of	497
building standards certifies:	498

(a) Officers or employees of the municipal corporation,	499
township, or county;	500

(b) Persons, or employees of persons, firms, or corporations,	501
pursuant to a contract to furnish architectural, engineering, or	502
other services to the municipal corporation, township, or county;	503

(c) Officers or employees of, and persons under contract	504
with, a municipal corporation, township, county, health district,	505
or other political subdivision, pursuant to a contract to furnish	506
architectural, engineering, or other services.	507

(8) Municipal, township, and county building departments have	508
jurisdiction within the meaning of sections 3781.03, 3791.04, and	509
4104.43 of the Revised Code, only with respect to the types of	510
buildings and subject matters for which they are certified under	511
this section.	512

(9) Certification shall be granted upon application by the	513
municipal corporation, the board of township trustees, or the	514
board of county commissioners and approval of that application by	515
the board of building standards. The application shall set forth:	516

(a) Whether the certification is requested for residential or	517
nonresidential buildings, or both;	518

(b) The number and qualifications of the staff composing the	519
building department;	520

(c) The names, addresses, and qualifications of persons,	521
firms, or corporations contracting to furnish work or services	522
pursuant to division (E)(7)(b) of this section;	523

(d) The names of any other municipal corporation, township,	524
county, health district, or political subdivision under contract	525
to furnish work or services pursuant to division (E)(7) of this	526
section;	527

(e) The proposed budget for the operation of the building	528
department.	529

(10) The board of building standards shall adopt rules	530
governing all of the following:	531

(a) The certification of building department personnel and	532
persons and employees of persons, firms, or corporations	533
exercising authority pursuant to division (E)(7) of this section.	534
The rules shall disqualify any employee of the department or	535
person who contracts for services with the department from	536
performing services for the department when that employee or	537
person would have to pass upon, inspect, or otherwise exercise	538
authority over any labor, material, or equipment the employee or	539
person furnishes for the construction, alteration, or maintenance	540
of a building or the preparation of working drawings or	541
specifications for work within the jurisdictional area of the	542
department. The department shall provide other similarly qualified	543
personnel to enforce the residential and nonresidential building	544
codes as they pertain to that work.	545

(b) The minimum services to be provided by a certified	546
building department.	547

(11) The board of building standards may revoke or suspend	548
certification to enforce the residential and nonresidential	549
building codes, on petition to the board by any person affected by	550
that enforcement or approval of plans, or by the board on its own	551
motion. Hearings shall be held and appeals permitted on any	552
proceedings for certification or revocation or suspension of	553
certification in the same manner as provided in section 3781.101	554
of the Revised Code for other proceedings of the board of building	555
standards.	556

(12) Upon certification, and until that authority is revoked,	557
any county or township building department shall enforce the	558
residential and nonresidential building codes for which it is	559
certified without regard to limitation upon the authority of	560
boards of county commissioners under Chapter 307. of the Revised	561
Code or boards of township trustees under Chapter 505. of the	562
Revised Code.	563

(F) In addition to hearings sections 3781.06 to 3781.18 and	564
3791.04 of the Revised Code require, the board of building	565
standards shall make investigations and tests, and require from	566
other state departments, officers, boards, and commissions	567
information the board considers necessary or desirable to assist	568
it in the discharge of any duty or the exercise of any power	569
mentioned in this section or in sections 3781.06 to 3781.18,	570
3791.04, and 4104.43 of the Revised Code.	571

(G) The board shall adopt rules and establish reasonable fees	572
for the review of all applications submitted where the applicant	573
applies for authority to use a new material, assembly, or product	574
of a manufacturing process. The fee shall bear some reasonable	575
relationship to the cost of the review or testing of the	576
materials, assembly, or products and for the notification of	577
approval or disapproval as provided in section 3781.12 of the	578
Revised Code.	579

(H) The residential construction advisory committee shall	580
provide the board with a proposal for a state residential building	581
code that the committee recommends pursuant to division (D)(1) of	582
section 4740.14 of the Revised Code. Upon receiving a	583
recommendation from the committee that is acceptable to the board,	584
the board shall adopt rules establishing that code as the state	585
residential building code.	586

(I)(1) The committee may provide the board with proposed	587
rules to update or amend the state residential building code that	588
the committee recommends pursuant to division (E) of section	589
4740.14 of the Revised Code.	590

(2) If the board receives a proposed rule to update or amend	591
the state residential building code as provided in division (I)(1)	592
of this section, the board either may accept or reject the	593
proposed rule for incorporation into the residential building	594
code. If the board does not act to either accept or reject the	595
proposed rule within ninety days after receiving the proposed rule	596
from the committee as described in division (I)(1) of this	597
section, the proposed rule shall become part of the residential	598
building code.	599

(J) The board shall cooperate with the director of job and	600
family services when the director promulgates rules pursuant to	601
section 5104.05 of the Revised Code regarding safety and	602
sanitation in type A family day-care homes.	603

(K) The board shall adopt rules to implement the requirements	604
of section 3781.108 of the Revised Code.	605

Sec. 4123.022. Every member of the Ohio organized militia as	606
defined in section 5923.01 of the Revised Code shall, when called	607
to state active duty, be in the employment of the state for the	608
purposes of sections 4123.01 to 4123.94~~, inclusive,~~ and 4123.99 of	609
the Revised Code. All claims of members of the organized militia	610
resulting from state active duty shall be determined in accordance	611
with applicable army or air force line of duty regulations.	612

Sec. 4743.04. (A) The renewal of a license or other	613
authorization to practice a trade or profession issued under Title	614
XLVII of the Revised Code is subject to the provisions of section	615
5903.10 of the Revised Code relating to service in the armed	616
forces of the United States or the Ohio national guard.	617

(B) Continuing education requirements applicable to the	618
licensees under Title XLVII of the Revised Code are subject to the	619
provisions of section 5903.12 of the Revised Code relating to	620
active duty military service.	621

(C) A department, agency, or office of this state or of any	622
political subdivision of this state that issues a license or	623
certificate to practice a trade or profession may, pursuant to	624
rules adopted by the department, agency, or office, issue a	625
temporary license or certificate to practice the trade or	626
profession to a person whose spouse is on active military duty in	627
this state.	628

Sec. 5321.04. (A) A landlord who is a party to a rental	629
agreement shall do all of the following:	630

(1) Comply with the requirements of all applicable building,	631
housing, health, and safety codes that materially affect health	632
and safety;	633

(2) Make all repairs and do whatever is reasonably necessary	634
to put and keep the premises in a fit and habitable condition;	635

(3) Keep all common areas of the premises in a safe and	636
sanitary condition;	637

(4) Maintain in good and safe working order and condition all	638
electrical, plumbing, sanitary, heating, ventilating, and air	639
conditioning fixtures and appliances, and elevators, supplied or	640
required to be supplied by ~~him~~the landlord;	641

(5) When hethe landlord is a party to any rental agreements	642
that cover four or more dwelling units in the same structure,	643
provide and maintain appropriate receptacles for the removal of	644
ashes, garbage, rubbish, and other waste incidental to the	645
occupancy of a dwelling unit, and arrange for their removal;	646

(6) Supply running water, reasonable amounts of hot water,	647
and reasonable heat at all times, except where the building that	648
includes the dwelling unit is not required by law to be equipped	649
for that purpose, or the dwelling unit is so constructed that heat	650
or hot water is generated by an installation within the exclusive	651
control of the tenant and supplied by a direct public utility	652
connection;	653

(7) Not abuse the right of access conferred by division (B)	654
of section 5321.05 of the Revised Code;	655

(8) Except in the case of emergency or if it is impracticable	656
to do so, give the tenant reasonable notice of ~~his~~the landlord's	657
intent to enter and enter only at reasonable times. Twenty-four	658
hours is presumed to be a reasonable notice in the absence of	659
evidence to the contrary.	660

(9) Promptly commence an action under Chapter 1923. of the	661
Revised Code, after complying with division (C) of section 5321.17	662
of the Revised Code, to remove a tenant from particular	663
residential premises, if the tenant fails to vacate the premises	664
within three days after the giving of the notice required by that	665
division and if the landlord has actual knowledge of or has	666
reasonable cause to believe that the tenant, any person in the	667
tenant's household, or any person on the premises with the consent	668
of the tenant previously has or presently is engaged in a	669
violation as described in division (A)(6)(a)(i) of section 1923.02	670
of the Revised Code, whether or not the tenant or other person has	671
been charged with, has pleaded guilty to or been convicted of, or	672
has been determined to be a delinquent child for an act that, if	673
committed by an adult, would be a violation as described in that	674
division. Such actual knowledge or reasonable cause to believe	675
shall be determined in accordance with that division.	676

(10) Comply with the rights of tenants under the	677
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	678
501.	679

(B) If the landlord makes an entry in violation of division	680
(A)(8) of this section, makes a lawful entry in an unreasonable	681
manner, or makes repeated demands for entry otherwise lawful that	682
have the effect of harassing the tenant, the tenant may recover	683
actual damages resulting from the entry or demands, obtain	684
injunctive relief to prevent the recurrence of the conduct, and	685
obtain a judgment for reasonable attorney's fees, or may terminate	686
the rental agreement.	687

Sec. 5901.01. As used in sections 5901.01 to 5901.37 of the	688
Revised Code:	689

(A) Except as otherwise provided in division (B) of this	690
section, "veteran" means either of the following:	691

(1) A former member of the armed forces of the United States	692
who served on active military duty and received an honorable	693
discharge or honorable separation, a former member of the Ohio	694
national guard who was discharged or separated under honorable	695
conditions, a member of the armed forces of the United States who	696
died on active military duty, or a member of the armed forces of	697
the United States missing in action more than ninety days;	698

(2) A member of the United States merchant marine to whom	699
either of the following applies:	700

(a) The member has an honorable report of separation from the	701
active duty military service, form DD214 or DD215.	702

(b) The member served in the United States merchant marine	703
between December 7, 1941, and December 31, 1946, and died on	704
active duty while serving in a war zone during that period of	705
service.	706

(B) As used in section 5901.08 and other sections of the	707
Revised Code with regard to applications for financial assistance	708
under sections 5901.02 to 5901.15 of the Revised Code, "veteran"	709
means either of the following:	710

(1) A person who served in the armed forces of the United	711
States on active military duty and was discharged from the service	712
under honorable conditions, and who either served on active duty	713
for reasons other than training or, while serving on active duty	714
for training, incurred a disability recognized by the department	715
of veterans affairs or department of defense as service-connected;	716

(2) A person who served in the United States merchant marine,	717
who either served on active duty for reasons other than training	718
or, while serving on active duty for training, incurred a	719
disability recognized by the department of veterans affairs or	720
department of defense as service-connected, and to whom either of	721
the following applies:	722

(a) The person has an honorable report of separation from the	723
active duty military service, form DD214 or DD215.	724

(b) The person served in the United States merchant marine	725
between December 7, 1941, and December 31, 1946, and died on	726
active duty while serving in a war zone during that period of	727
service.	728

(C) "Veterans plot" means a plot of land in any cemetery, set	729
apart to be exclusively used for interring the remains of deceased	730
veterans.	731

(D) "United States merchant marine" includes the United	732
States army transport service and the United States naval	733
transport service.	734

Sec. 5903.10. ~~Any~~(A) A holder of an expired license or	735
certificate from this state or any political subdivision or agency	736
of the state to practice a trade or profession~~, whose license or~~	737
~~certificate was not renewed because of the holder's service in the~~	738
~~armed forces of the United States, or in the national guard or in~~	739
~~a reserve component,~~ shall~~, upon presentation of satisfactory~~	740
~~evidence of honorable discharge or separation under honorable~~	741
~~conditions therefrom within six months of such discharge or~~	742
~~separation,~~ be granted a renewal of ~~said~~the license or	743
certificate by the issuing board or authority at the usual cost	744
without penalty and without re-examination if not otherwise	745
disqualified because of mental or physical disability and if	746
either of the following applies:	747

(1) The license or certificate was not renewed because of the	748
holder's service in the armed forces of the United States or a	749
reserve component of the armed forces of the United States,	750
including the Ohio national guard.	751

(2) The license or certificate was not renewed because the	752
holder's spouse served in the armed forces of the United States or	753
a reserved component of the armed forces of the United States,	754
including the Ohio national guard, and the service resulted in the	755
holder's absence from this state.	756

(B) A renewal shall not be granted under division (A) of this	757
section unless the holder or the holder's spouse, whichever is	758
applicable, has presented satisfactory evidence of the service	759
member's discharge under honorable conditions or release under	760
honorable conditions from active duty or national guard duty	761
within six months after the discharge or release.	762

Sec. 5903.11. (A) Any federally funded employment and	763
training program administered by any state agency including, but	764
not limited to, the "~~Job Training Partnership~~Workforce Investment	765
Act of 1998," 96112 Stat. ~~1322(1982)~~936, codified in scattered	766
sections of 29 U.S.C.~~A. 1501~~, as amended, shall include a veteran	767
priority system to provide maximum employment and training	768
opportunities to veterans and ~~other~~ eligible persons within each	769
targeted group as established by federal law and state and federal	770
policy in the service area. Disabled veterans, veterans of the	771
Vietnam era, other veterans, and ~~other~~ eligible persons shall	772
receive preference over nonveterans within each targeted group in	773
the provision of employment and training services available	774
through these programs as required by this section.	775

(B) Each state agency shall refer qualified applicants to job	776
openings and training opportunities in programs described in	777
division (A) of this section in the following order of priority:	778

(1) Special disabled veterans;

779

(2) Veterans of the Vietnam era;

780

(3) Disabled veterans;

781

(4) All other veterans;

782

(5) Other eligible persons;

783

(6) Nonveterans.

784

(C) Each state agency providing employment and training	785
services to veterans and ~~other~~ eligible persons under programs	786
described in division (A) of this section shall submit an annual	787
written report to the speaker of the house of representatives and	788
the president of the senate on the services that it provides to	789
veterans and ~~other~~ eligible persons. Each such agency shall report	790
separately on all entitlement programs, employment or training	791
programs, and any other programs that it provides to each class of	792
persons described in divisions (B)(1) to (6) of this section. Each	793
such agency shall also report on action taken to ensure compliance	794
with statutory requirements. Compliance and reporting procedures	795
shall be in accordance with the reporting procedures then in	796
effect for all employment and training programs described in	797
division (A) of this section, with the addition of veterans as a	798
separate reporting module.	799

(D) All state agencies that administer federally funded	800
employment and training programs described in division (A) of this	801
section for veterans and ~~other~~ eligible persons shall do all of	802
the following:	803

(1) Ensure that veterans are treated with courtesy and	804
respect at all state governmental facilities;	805

(2) Give priority in referral to jobs to qualified veterans	806
and other eligible persons;	807

(3) Give priority in referral to and enrollment in training	808
programs to qualified veterans and other eligible persons;	809

(4) Give preferential treatment to special disabled veterans	810
in the provision of all needed state services;	811

(5) Provide information and effective referral assistance to	812
veterans and other eligible persons regarding needed benefits and	813
services that may be obtained through other agencies.	814

(E) As used in this section:

815

(1) "Special disabled veteran" means a veteran who is	816
entitled to, or who but for the receipt of military pay would be	817
entitled to, compensation under any law administered by the	818
department of veterans affairs for a disability rated at thirty	819
per cent or more or a person who was discharged or released from	820
active duty because of a service-connected disability.	821

(2) "Veteran of the Vietnam era" means an eligible veteran	822
who served on active duty for a period of more than one hundred	823
eighty days, any part of which occurred from August 5, 1964,	824
through May 7, 1975, and was discharged or released therefrom with	825
other than a dishonorable discharge or a person who was discharged	826
or released from active duty for a service-connected disability if	827
any part of the active duty was performed from August 5, 1964,	828
through May 7, 1975.	829

(3) "Disabled veteran" means a veteran who is entitled to, or	830
who but for the receipt of military retirement pay would be	831
entitled to compensation, under any law administered by the	832
department of veterans affairs and who is not a special disabled	833
veteran.	834

(4) "Eligible veteran" means a person who served on active	835
duty for more than one hundred eighty days and was discharged or	836
released from active duty with other than a dishonorable discharge	837
or a person who was discharged or released from active duty	838
because of a service-connected disability.	839

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

840

(a) The spouse of any person who died of a service-connected	841
disability;	842

(b) The spouse of any member of the armed forces serving on	843
active duty who at the time of the spouse's application for	844
assistance under any program described in division (A) of this	845
section is listed pursuant to the "Act of September 6, 1966," 80	846
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	847
thereto, as having been in one or more of the following categories	848
for a total of ninety or more days:	849

(i) Missing in action;

850

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

851

(iii) Forcibly detained or interned in line of duty by a	852
foreign government or power.	853

(c) The spouse of any person who has a total disability	854
permanent in nature resulting from a service-connected disability	855
or the spouse of a veteran who died while such a disability was in	856
existence.	857

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

858

(a) Any person who was a member of the armed forces of the	859
United States for a period of one hundred eighty days or more or a	860
person who was discharged or released from active duty because of	861
a service-connected disability;	862

(b) A person who served as a member of the United States	863
merchant marine and to whom either of the following applies:	864

(i) The person has an honorable report of separation from	865
active duty military service, form DD214 or DD215.	866

(ii) The person served in the United States merchant marine	867
between December 7, 1941, and December 31, 1946, and died on	868
active duty while serving in a war zone during that period of	869
service.	870

(7) "Armed forces of the United States" means the army, air	871
force, navy, marine corps, coast guard, and any other military	872
service branch that is designated by congress as a part of the	873
armed forces of the United States.	874

(8) "Employment program" means a program which provides	875
referral of individuals to employer job openings in the federal,	876
state, or private sector.	877

(9) "Training program" means any program that upgrades the	878
employability of qualified applicants.	879

(10) "Entitlement program" means any program that enlists	880
specific criteria in determining eligibility, including but not	881
limited to the existence in special segments of the general	882
population of specific financial needs.	883

(11) "Targeted group" means a group of persons designated by	884
federal law or regulations or by state law to receive special	885
assistance under an employment and training program described in	886
division (A) of this section.	887

(12) "United States merchant marine" includes the United	888
States army transport service and the United States naval	889
transport service.	890

Sec. 5911.07. The armories erected by the state are for the	891
use of the organized militia; but in each armory there ~~shall~~may	892
be provided and maintained, except as provided in this section, a	893
suitable room including heating, lighting, and janitor services,	894
for the free use of ~~the~~patriotic and national organizations ~~known~~	895
~~as the women's relief corps, sons of veterans, sons of veterans'~~	896
~~auxiliary, daughters of veterans, united Spanish war veterans,~~	897
~~auxiliary united Spanish war veterans, veterans of foreign wars of~~	898
~~the United States, veteran organizations of World War I and World~~	899
~~War II, army and navy union of the United States, and honorably~~	900
~~retired officers of the Ohio national guard, Ohio military~~	901
~~reserve, and Ohio naval militia~~chartered under part B of subtitle	902
II of Title 36 of the United States Code, unless such rooms are	903
already provided by the erection of a county memorial building or	904
otherwise by the state, or by the county, township, or municipal	905
corporation. This section does not require a separate room to be	906
maintained for each organization. The room provided in this	907
section may be used for military training when not in actual use	908
by one of the aforenamed organizations. This section applies only	909
during the time that such armory is being used by ~~an active~~	910
~~military organization or~~a unit of the organized militia.	911

Sec. 5923.12. When ordered to state active duty by the	912
governor, for which duty federal basic pay and allowances are not	913
authorized, members of the organized militia of Ohio shall receive	914
the same pay and allowances for each day's service as is provided	915
for commissioned officers, warrant officers, noncommissioned	916
officers, and enlisted personnel of like grade and longevity in	917
the armed forces of the United States, together with the necessary	918
transportation, housing, and subsistence allowances as prescribed	919
by the United States department of defense pay manual, or an	920
amount not less than seventy-five dollars per day as base pay for	921
each day's duty performed, whichever is greater.	922

When ordered by the governor to perform training or duty	923
under this section or section 5919.29 of the Revised Code, members	924
of the Ohio national guard shall have the protections afforded to	925
persons on federal active duty by "The ~~Soldiers and Sailors~~	926
Servicemembers Civil Relief Act ~~of 1940~~," 54117 Stat. ~~1178~~2835,	927
50 ~~App.~~ U.S.C.A. App. 501~~-548 and 560-591~~.	928

Sec. 5924.01. As used in Chapter 5924. of the Revised Code	929
unless the context otherwise requires:	930

(A) "Organized militia" means the Ohio national guard, the	931
Ohio naval militia, and the Ohio military reserve.	932

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

933

(C) "Commissioned officer" includes a commissioned warrant	934
officer.	935

(D) "Commanding officer" includes only commissioned or	936
warrant officers in command of a unit.	937

(E) "Superior commissioned officer" means a commissioned	938
officer superior in rank or command.	939

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

940

(G) "Grade" means a step or degree, in a graduated scale of	941
office or military rank, that is established and designated as a	942
grade by law or regulation.	943

(H) "Rank" means the order of precedence among members of the	944
armed forces.	945

(I) "~~Active state~~State active duty" means full-time duty in	946
the active military service of the state under ~~an order~~a	947
proclamation of the governor issued pursuant to authority vested	948
in ~~him~~the governor by law, and while going to and returning from	949
such duty.	950

(J) "Duty status other than ~~active~~ state active duty" means	951
any other types of duty and while going to and returning from such	952
duty.	953

(K) "Military court" means a court-martial, a court of	954
inquiry, or a provost court.	955

(L) "Military judge" means an official of a general or	956
special court-martial who is a commissioned officer, who has been	957
duly certified to be qualified for duty as a military judge by the	958
state judge advocate, and who has been properly detailed in	959
accordance with section 5924.26 of the Revised Code.	960

(M) "Law specialist" means a commissioned officer of the	961
organized naval militia of the state designated for special duty.	962

(N) "Legal officer" means any commissioned officer of the	963
organized naval militia of the state designated to perform legal	964
duties for a command.	965

(O) "State judge advocate" means the commissioned officer	966
responsible for supervising the administration of ~~the~~ military	967
justice in the organized militia.	968

(P) "Accuser" means a person who reports an offense subject	969
to trial by court-martial and who signs and swears to charges, any	970
person who directs that charges nominally be signed and sworn to	971
by another, ~~and~~or any other person who has an interest other than	972
an official interest in the prosecution of the accused.	973

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

974

(R) "Convening authority" includes, in addition to the person	975
who convened the court, a commissioned officer commanding for the	976
time being, or a successor in command.	977

(S) "May" is used in a permissive sense. The words "no person	978
may ............" mean that no person is required, authorized, or	979
permitted to do the act prescribed.	980

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

981

(U) "Code" means the Ohio code of military justice, as set	982
forth in Chapter 5924. of the Revised Code.	983

(V) "Trial counsel" means the prosecuting attorney in a	984
general or special court-martial.	985

(W) "Detention facility" means any place that is owned or	986
operated by a municipal corporation, by a county, or by one or	987
more municipal corporations, counties, or both and that is used	988
for the confinement of persons charged with or convicted of any	989
crime in this state or another state or under the laws of the	990
United States.	991

(X) "Examiner" has the same meaning as in division (A)(2)(a)	992
of section 2945.37 of the Revised Code.	993

(Y) "Nonsecured status," "unsupervised, off-grounds	994
movement," "trial visit," "conditional release," and "licensed	995
clinical psychologist" have the same meanings as in section	996
2945.37 of the Revised Code.	997

Sec. 5924.02. The following persons who are not in federal	998
service are subject to this code:	999

(A) Members of the organized militia, including Ohio national	1000
guard dual-status technicians during their normal duty hours;	1001

(B) Persons who have been placed on the state ~~reserve list or~~	1002
~~the state~~ retired list pursuant to section 5913.07 or 5919.13 of	1003
the Revised Code;	1004

(C) All other persons lawfully ordered to duty in ~~or with~~ the	1005
organized militia, from the dates they are required by the terms	1006
of the order or other directive to obey the ~~same~~order or	1007
directive, including any time during which they are going to or	1008
returning from duty in the organized militia.	1009

Sec. 5924.03. (A) Each person discharged from the organized	1010
militia who is later charged with having fraudulently obtained ~~his~~	1011
the discharge is, subject to section 5924.43 of the Revised Code,	1012
subject to trial by court-martial on that charge and is, after	1013
apprehension, subject to this code while in the custody of the	1014
military for that trial. Upon conviction of that charge hethe	1015
person is subject to trial by court-martial for all offenses under	1016
this code committed before the fraudulent charge.	1017

(B) No person who has deserted from the organized militia may	1018
be relieved from amenability to the jurisdiction of this code by	1019
virtue of a separation from any later period of service.	1020

Sec. 5924.06. (A) The ~~governor, on the recommendation of the~~	1021
adjutant general, shall appoint an officer of the ~~organized~~	1022
~~militia~~Ohio national guard as state judge advocate~~, who~~. The	1023
officer shall be a member in good standing of the bar of ~~the~~	1024
~~supreme court of~~ this state and ~~shall have been a member of the~~	1025
~~bar of the state and a member of the organized militia for at~~	1026
~~least five years~~be eligible to be recognized as a colonel under	1027
regulations prescribed by the national guard bureau.	1028

(B) The adjutant general ~~may~~shall appoint ~~as many assistant~~	1029
~~state~~ judge advocates ~~as he shall deem necessary, which assistant~~	1030
~~state judge~~and legal officers on the recommendation of the state	1031
judge advocate. Judge advocates and legal officers shall be	1032
officers of the organized militia and members in good standing of	1033
the bar of ~~the~~this state.	1034

(C) The state judge advocate or ~~his assistants~~subordinate	1035
judge advocates shall make frequent inspections in the field in	1036
supervision of the administration of military justice.	1037

(D) ~~The provisions of section 109.02 of the Revised Code~~	1038
~~shall not be a restriction upon the appointment and duties as~~	1039
~~provided in this section.~~	1040

~~(E)~~ Convening authorities shall at all times communicate	1041
directly with their staff judge advocates or legal officers in	1042
matters relating to the administration of military justice~~; and~~	1043
~~the~~. A staff judge advocate or legal officer of ~~any~~a command is	1044
entitled to communicate directly with ~~the~~any staff judge advocate	1045
or legal officer of a superior or subordinate command, or with the	1046
state judge advocate.	1047

~~(F)~~(E) No person who has acted as member, military judge,	1048
trial counsel, assistant trial counsel, defense counsel, assistant	1049
defense counsel, or investigating officer, or who has been a	1050
witness for either the prosecution or defense, in any case may	1051
later act as staff judge advocate or legal officer to any	1052
reviewing authority upon the same case.	1053

Sec. 5924.07. (A) Apprehension is the taking of a person	1054
into custody.	1055

(B) Any person authorized by this code, or by regulations	1056
issued pursuant ~~thereto~~to this code, to apprehend persons subject	1057
to this code, any marshal of a court-martial appointed pursuant to	1058
the provisions of this code, and any peace officer authorized to	1059
do so by law may do so upon reasonable belief that an offense has	1060
been committed and that the person apprehended committed it.	1061

(C) Commissioned officers, warrant officers, ~~petty officers,~~	1062
and noncommissioned officers ~~have authority~~may take reasonable	1063
action to quell quarrels, frays, and disorders among persons	1064
subject to this code and to apprehend persons subject to this code	1065
who take part therein.	1066

(D) A person subject to this code may be apprehended in the	1067
person's home, with the assistance of a local law enforcement	1068
agency, only upon probable cause to believe that the person is	1069
legally subject to apprehension and that the person is or will be	1070
present to be apprehended.	1071

Sec. 5924.08. ~~Any civil~~A peace officer having authority to	1072
apprehend offenders under the laws of the United States, or of a	1073
state, territory, commonwealth, or possession, or the District of	1074
Columbia may summarily apprehend a deserter from the organized	1075
militia and deliver ~~him~~the deserter into the custody of the	1076
organized militia. ~~If an offender is apprehended outside the~~	1077
~~state, his return to the area must be in accordance with normal~~	1078
~~extradition procedures, or reciprocal agreement.~~	1079

Sec. 5924.09. (A) Arrest is the restraint of a person by an	1080
oral or written order, not imposed as a punishment for an offense,	1081
directing ~~him~~the person to remain within certain specified	1082
limits. Confinement is the physical restraint of a person that is	1083
imposed by order of competent authority and deprives the person of	1084
freedom pending disposition of criminal charges.	1085

(B) An enlisted member may be ordered into arrest or	1086
confinement by any ~~commissioned~~commanding officer by an order,	1087
oral or written, delivered in person or through other persons	1088
subject to this code or through any person authorized by this code	1089
to apprehend persons. A commanding officer may authorize warrant	1090
officers~~, petty officers,~~ or noncommissioned officers to order	1091
enlisted members of ~~his~~the commanding officer's command or	1092
enlisted members subject to ~~his~~the commanding officer's authority	1093
into arrest or confinement.	1094

(C) A commissioned officer or a warrant officer may be	1095
ordered apprehended or into arrest or confinement only by a	1096
commanding officer to whose authority hethe commissioned officer	1097
or warrant officer is subject, by an order, oral or written,	1098
delivered in person or by another commissioned officer. The	1099
authority to order such persons apprehended or into arrest or	1100
confinement may not be delegated.	1101

(D) No person may be ordered apprehended or into arrest or	1102
confinement except for probable cause.	1103

(E) Nothing in this section shall be construed to limit the	1104
authority of persons authorized to apprehend offenders to secure	1105
the custody of an alleged offender until proper authority may be	1106
notified.	1107

Sec. 5924.10. (A) Any person subject to this code charged	1108
with an offense under this code shall be ordered into arrest or	1109
confinement, as circumstances may require; but when charged only	1110
with an offense normally tried by a summary court-martial, such	1111
person shall not ordinarily be placed into confinement. When any	1112
person subject to this code is placed into arrest or confinement	1113
prior to trial, ~~immediate steps shall be taken to inform him~~the	1114
person shall be informed within seventy-two hours of the specific	1115
wrong of which hethe person is accused and ~~to try him or to~~	1116
~~dismiss the charges and release him~~of the person's rights under	1117
this code.	1118

(B) Confinement ~~other than in a guard house~~, whether before,	1119
during, or after trial by a military court, shall be ~~executed~~, to	1120
the maximum extent practicable, in civil jails or ~~prisons~~	1121
~~designated by the governor or by such person as he may authorize~~	1122
~~to act~~like facilities. An order that an accused person be placed	1123
in pretrial confinement shall be reviewed by a military judge	1124
within seven days and if confirmed may be reviewed after that	1125
confirmation only on motion.	1126

Sec. 5924.11. (A) No ~~provost marshal, commander of a guard,~~	1127
~~master at arms, warden~~sheriff, keeper, or officer of a ~~city or~~	1128
~~county jail or any other jail or prison designated under section~~	1129
~~5924.10 of the Revised Code,~~detention facility may ~~refuse~~do	1130
either of the following:	1131

(1) Refuse to receive or keep any prisoner committed to ~~his~~	1132
the sheriff's, keeper's, or officer's charge, when the committing	1133
person furnishes a statement, signed by ~~him~~the committing person,	1134
of the offense charged against the prisoner;	1135

(2) Demand payment of any kind for housing prisoners under	1136
this code.	1137

(B) ~~Every commander of a guard, master at arms~~A sheriff,	1138
~~warden,~~ keeper, or officer of a ~~city or county jail or of any~~	1139
~~other jail or prison designated under section 5924.10 of the~~	1140
~~Revised Code,~~detention facility to whose charge a prisoner is	1141
committed, shall, within twenty-four hours after that commitment	1142
~~or as soon as he is relieved from guard,~~ report to the commanding	1143
officer of the prisoner the name of the prisoner, the offense	1144
charged against ~~him~~the prisoner, and the name of the person who	1145
ordered or authorized the commitment.	1146

Sec. 5924.13. ~~Subject to section 5924.57 of the Revised~~	1147
~~Code, no~~No person, while being held for or after trial ~~or the~~	1148
~~result of trial~~, may be subjected to punishment or penalty other	1149
than arrest or confinement upon the charges pending against ~~him,~~	1150
~~nor shall~~ the person. The arrest or confinement imposed upon ~~him~~	1151
the person shall not be any more rigorous than the circumstances	1152
require to insure ~~his~~the person's presence~~, but he~~. The person	1153
may be subjected to minor punishment during that period for	1154
infractions of discipline~~, and may be required to perform such~~	1155
~~labor as may be necessary for the policing and sanitation of his~~	1156
~~living quarters and messing facilities and the area immediately~~	1157
~~adjacent thereto~~.	1158

Sec. 5924.14. (A) Under such regulations as may be	1159
prescribed under this code, a person on ~~active~~ state active duty	1160
~~subject to this code~~or duty under Title 32 of the United States	1161
Code who is accused of an offense against civil authority may be	1162
delivered, upon request, to the civil authority for ~~trail~~trial.	1163

(B) When delivery under this section is made to any civil	1164
authority of a person undergoing sentence of a court-martial, the	1165
delivery, if followed by conviction in a civil tribunal,	1166
interrupts the execution of the sentence of the court-martial, and	1167
the offender after having answered to the civil authorities for	1168
~~his~~the offender's offense shall, upon the request of competent	1169
military authority, be returned to military custody for the	1170
completion of ~~his~~the offender's sentence.	1171

Sec. 5924.15. (A) Under such regulations as the ~~governor~~	1172
adjutant general may prescribe, ~~and under such additional~~	1173
~~regulations as may be prescribed by the adjutant general of Ohio,~~	1174
limitations may be placed on the powers granted by this section	1175
with respect to the kind and amount of punishment authorized, the	1176
categories of commanding officers and warrant officers exercising	1177
command authorized to exercise those powers, the applicability of	1178
this section to an accused who demands trial by court-martial, and	1179
the kinds of courts-martial to which the case may be referred upon	1180
such a demand. However, except in the case of a member attached	1181
to, or embarked in a vessel, punishment may not be imposed upon	1182
~~any person subject to this code under this section~~a member of the	1183
organized militia if ~~such person~~the member has, before the	1184
imposition of ~~such~~the punishment, demanded trial by court-martial	1185
in lieu of ~~such~~the punishment. Under similar regulations, rules	1186
may be prescribed with respect to the suspension of punishments	1187
authorized ~~hereunder~~under this section. If authorized by	1188
regulations prescribed under this section, the governor or a	1189
general officer or officer of flag rank in command may delegate	1190
the powers of the governor or general officer under this section	1191
to a principal assistant. In all proceedings, the accused shall be	1192
allowed a reasonable period of time, normally not exceeding	1193
forty-eight hours, to reply to the notification of intent to	1194
impose punishment under this section.	1195

(B) Subject to ~~the foregoing~~division (A) of this section,	1196
any commanding officer~~, and for the purposes of this section the~~	1197
~~adjutant general of Ohio,~~ may, in addition to or in lieu of	1198
admonition or reprimand, impose one or more of the following	1199
~~disciplinary~~ punishments for minor offenses without the	1200
intervention of a court-martial:	1201

~~(A)~~(1) Upon officers of the commanding officer's command, any	1202
of the following:	1203

~~(1)~~(a) Restriction to certain specified limits, with or	1204
without suspension from duty, for not more than thirty ~~consecutive~~	1205
days;	1206

~~(2)~~(b) If imposed by the governor, the adjutant general, ~~the~~	1207
~~commanding~~an officer ~~of a force of the organized militia~~	1208
exercising general court-martial jurisdiction, a general officer,	1209
or ~~the commanding general of~~ a ~~division~~flag officer, any of the	1210
following:	1211

~~(a)~~(i) Arrest in quarters for not more than thirty	1212
~~consecutive~~ days;	1213

~~(b) Fine or forfeiture~~(ii) Forfeiture of not more than	1214
one-half of one month's pay per month for two months, or ~~the sum~~a	1215
fine of ~~one~~not more than two hundred fifty dollars~~, whichever is~~	1216
~~greater~~;	1217

~~(c)~~(iii) Restriction to certain specified limits, with or	1218
without suspension from duty, for not more than sixty ~~consecutive~~	1219
days;	1220

~~(d) Detention of not more than one-half of one month's pay~~	1221
~~per month for three months, or the sum of two hundred twenty-five~~	1222
~~dollars, whichever is greater~~.	1223

~~(B)~~(2) Upon other military personnel of the commanding	1224
officer's command, any of the following:	1225

~~(1) If imposed upon a person attached to or embarked in a~~	1226
~~vessel, confinement on bread and water or diminished rations for~~	1227
~~not more than three consecutive days;~~	1228

~~(2)~~(a) Correctional custody in a detention facility in the	1229
offender's county of residence for not more than seven ~~consecutive~~	1230
days;	1231

~~(3) Fine or forfeiture~~(b) Forfeiture of not more than seven	1232
days' pay, or ~~the sum of twenty-five dollars, whichever is greater~~	1233
a fine of not more than one-quarter of one month's actual pay;	1234

~~(4)~~(c) Reduction to the next inferior pay grade, if the grade	1235
from which the service member demoted is within the promotion	1236
authority of the officer imposing the reduction or any officer	1237
subordinate to the one who imposes the reduction;	1238

~~(5)~~(d) Extra duties, including fatigue or other duties, for	1239
not more than fourteen consecutive days or for a total of thirty	1240
nonconsecutive days;	1241

~~(6)~~(e) Restriction to certain specified limits, with or	1242
without suspension from duty, for not more than fourteen	1243
~~consecutive~~ days;	1244

~~(7) Detention of not more than fourteen days' pay, or the sum~~	1245
~~of fifty dollars, whichever is greater;~~	1246

~~(8)~~(f) If imposed by an officer of the grade of major or	1247
~~lieutenant commander,~~ or above., any of the following:	1248

~~(a)~~(i) The punishment authorized under division (B)~~(1)~~(2)(a)	1249
of this section;	1250

~~(b)~~(ii) Correctional custody in a detention facility in the	1251
offender's county of residence for not more than thirty	1252
~~consecutive~~ days;	1253

~~(c) Fine or forfeiture~~(iii) Forfeiture of not more than	1254
one-half of one month's pay per month for two months, or ~~the sum~~	1255
~~of fifty dollars, whichever is greater~~a fine of not more than	1256
one-half of one month's actual pay for two months;	1257

~~(d)~~(iv) Reduction to the lowest or any intermediate pay	1258
grade, if the grade from which demoted is within the promotion	1259
authority of the officer imposing the reduction or any officer	1260
subordinate to the one who imposes the reduction, but an enlisted	1261
member in pay grade above E-4 may not be reduced more than ~~two~~	1262
one pay ~~grades~~grade;	1263

~~(e)~~(v) Extra duties, including fatigue or other duties, for	1264
not more than forty-five ~~consecutive~~ days, which need not be	1265
consecutive, and for not more than two hours per day;	1266

~~(f)~~(vi) Restriction to certain specified limits, with or	1267
without suspension from duty, for not more than sixty ~~consecutive~~	1268
days, which need not be consecutive;	1269

~~(g) Detention of not more than one-half of one month's pay~~	1270
~~per month for three months, or the sum of seventy-five dollars,~~	1271
~~whichever is greater.~~	1272

~~Detention of pay shall be for a stated period of not more~~	1273
~~than one year, but if the offender's term of service expires~~	1274
~~earlier, the detention shall terminate upon that expiration. No~~	1275
~~two or more of the punishments of arrest in quarters, confinement~~	1276
~~on bread and water or diminished rations, correctional custody,~~	1277
~~extra duties, and restriction may be combined to run consecutively~~	1278
~~in the maximum amount imposable for each. Whenever any of those~~	1279
~~punishments are combined to run consecutively, there must be an~~	1280
~~apportionment. In addition, forfeiture of pay may not be combined~~	1281
~~with detention of pay without an apportionment. For the purposes~~	1282
~~of this section "correctional custody" is the physical restraint~~	1283
~~of a person during duty or nonduty hours and may include extra~~	1284
~~duties, fatigue duties, or hard labor. If practicable,~~	1285
~~correctional custody will not be served in immediate association~~	1286
~~with persons awaiting trial or held in confinement pursuant to~~	1287
~~trial by court-martial or civilian court~~.	1288

(C) No two or more of the punishments of arrest in quarters,	1289
correctional custody, extra duties, and restriction may be	1290
combined to run consecutively in the maximum amount imposable for	1291
each. If any of those punishments are combined to run	1292
consecutively, there must be apportionment. For the purposes of	1293
this section, "correctional custody" means the physical restraint	1294
of a person during duty or nonduty hours and may include extra	1295
duties, fatigue duties, or hard labor. Correctional custody shall	1296
to the maximum extent practicable be served in a detention	1297
facility in the offender's county of residence.	1298

(D) An officer in charge may impose upon enlisted members	1299
assigned to the unit of which the officer is in charge ~~such~~any of	1300
the punishments authorized under divisions ~~(B)(1)~~(A)(2)(a) to	1301
~~(B)(7)~~(f) of this section~~, as~~that the governor or adjutant	1302
general may specifically prescribe by regulation.	1303

~~(D)~~(E) The officer who imposes the punishment authorized in	1304
~~divisions (A) or~~division (B) of this section, or the officer's	1305
successor in command, may, at any time, suspend probationally any	1306
part or amount of the unexecuted punishment imposed and may	1307
suspend probationally a reduction in grade or a forfeiture or fine	1308
imposed under ~~divisions (A) or~~division (B) of this section,	1309
whether or not executed. In addition, the officer who imposed the	1310
punishment may, at any time, remit or mitigate any part or amount	1311
of the unexecuted punishment imposed and may set aside in whole or	1312
in part the punishment, whether executed or unexecuted, and	1313
restore all rights, privileges, and property affected. The officer	1314
who imposed the punishment may also mitigate reduction in grade to	1315
forfeiture ~~or detention~~ of pay or a fine. When mitigating:	1316

~~(1) Arrest~~arrest in quarters to restriction;

1317

~~(2) Confinement on bread and water or diminished rations to~~	1318
~~correctional custody;~~	1319

~~(3) Correctional custody or confinement on bread and water or~~	1320
~~diminished rations to extra duties or restriction, or both;~~ or	1321

~~(4) Extra~~extra duties to restriction;

1322

~~the~~, the mitigated punishment shall not be for a greater period	1323
than the punishment mitigated. ~~When mitigating forfeiture of pay~~	1324
~~to detention of pay, the amount of the detention shall not be~~	1325
~~greater than the amount of the forfeiture.~~ When mitigating	1326
reduction in grade to fine or forfeiture ~~or detention~~ of pay, the	1327
amount of the fine or forfeiture ~~or detention~~ shall not be greater	1328
than the amount that could have been imposed initially under this	1329
section by the officer who imposed the punishment mitigated.	1330

~~(E)~~(F) A person punished under this section who considers the	1331
punishment unjust or disproportionate to the offense may, through	1332
the proper channel, appeal to the next superior authority within	1333
seven calendar days. The appeal shall be promptly forwarded and	1334
decided, but the person punished may in the meantime be required	1335
to undergo the punishment adjudged. The superior authority may	1336
exercise the same powers with respect to the punishment imposed as	1337
may be exercised under division ~~(D)~~(E) of this section by the	1338
officer who imposed the punishment. Before acting on an appeal	1339
from a punishment of:	1340

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

1341

~~(2) Correctional custody for more than seven days;~~

1342

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

1343

~~(4) Reduction of one or more pay grades from the fourth or a~~	1344
~~higher pay grade;~~	1345

~~(5) Extra duties for more than fourteen days;~~

1346

~~(6) Restriction for more than fourteen days; or~~

1347

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

1348

any of the following, the authority who is to act on the appeal	1349
shall refer the case to a judge advocate or legal officer of the	1350
Ohio organized militia for consideration and advice, and may so	1351
also refer the case upon appeal from any punishment imposed under	1352
~~divisions (A) or~~ division (B) of this section:	1353

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

1354

(2) Correctional custody for more than seven days;

1355

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

1356

(4) Reduction of one or more pay grades from the fourth or a	1357
higher pay grade;	1358

(5) Extra duties for more than fourteen days.

1359

~~(F)~~(G) The imposition and enforcement of ~~disciplinary~~	1360
punishment under this section for any act or omission is not a bar	1361
to trial by court-martial for a serious crime or offense growing	1362
out of the same act or omission, and not properly punishable under	1363
this section~~; but the~~. The fact that a ~~disciplinary~~ punishment has	1364
been enforced may be shown by the accused upon trial, and, when so	1365
shown, shall be considered in determining the measure of	1366
punishment to be adjudged in the event of a finding of guilty.	1367

~~(G)~~(H) The ~~governor or the~~ adjutant general may, by	1368
regulation, prescribe the form of records to be kept of	1369
proceedings under this section and may also prescribe that certain	1370
categories of those proceedings shall be in writing.	1371

~~(H) The punishments imposed pursuant to this section, except~~	1372
~~fine and forfeiture of pay, shall not extend beyond the~~	1373
~~termination of the duty status of the individual punished.~~	1374

(I) A commanding officer may delegate authority to make a	1375
reduction in pay grade under division (B)(2)(c) of this section to	1376
the commanding officer's executive officer, deputy commander, vice	1377
commander, or principal assistant.	1378

Sec. 5924.16. (A) In the organized militia ~~not in federal~~	1379
~~service~~, there are general, special, and summary courts-martial	1380
~~constituted like similar courts of the army and the air force.~~	1381
~~They have the jurisdiction and powers, except as to punishments,~~	1382
~~and shall follow the forms and procedures provided for those~~	1383
~~courts~~. General and special courts-martial are courts of record	1384
with original jurisdiction.	1385

(B) ~~The constitutions of the three kinds of courts-martial~~	1386
~~are:~~	1387

~~(1) General courts-martial, consisting~~A general	1388
court-martial consists of one of the following:	1389

~~(A)~~(1) A military judge and not ~~less~~fewer than five members;	1390
or	1391

~~(B)~~(2) Only a military judge, if, before the court is	1392
assembled, the accused, knowing the identity of the military judge	1393
and after consultation with defense counsel, requests in writing a	1394
court composed only of a military judge and the military judge	1395
approves;	1396

~~(2) Special courts-martial, consisting~~.

1397

1398

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

1399

~~(B)~~(2) A military judge and not ~~less~~fewer than three	1400
members; or	1401

~~(C)~~(3) Only a military judge, if one has been detailed to the	1402
court, and ~~the accused so requests in writing under the same~~	1403
~~conditions as those prescribed in division (B)(1)(b) of this~~	1404
~~section;~~	1405

~~(3) Summary courts-martial, consisting~~before the court is	1406
assembled the accused, knowing the identity of the military judge	1407
and after consultation with defense counsel, requests in writing a	1408
court composed only of a military judge and the military judge	1409
approves.	1410

(D) A summary court-martial consists of one commissioned	1411
officer in the grade of captain or above.	1412

Sec. 5924.17. ~~Each force of the organized militia~~The Ohio	1413
national guard has court-martial jurisdiction over all persons	1414
subject to this code. The exercise of jurisdiction by ~~one force~~	1415
the Ohio national guard over personnel of another ~~force~~element of	1416
the organized militia shall be in accordance with regulations	1417
prescribed by the ~~governor~~adjutant general.	1418

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1419
Code, general courts-martial have jurisdiction to try persons	1420
subject to this code for any offense made punishable by this code	1421
and may, under ~~such~~any limitations asthat the governor may	1422
prescribe, adjudge any ~~punishment not forbidden by this code,~~	1423
~~including the penalty of death when specifically authorized by~~	1424
~~this code. General courts-martial also have jurisdiction to try~~	1425
~~any person who by the law of war is subject to trial by a military~~	1426
~~tribunal and may adjudge any punishment permitted by the law of~~	1427
~~war. A general court-martial of the kind specified in division~~	1428
~~(B)(1)(b) of section 5924.16 of the Revised Code does not have~~	1429
~~jurisdiction to try any person for any offense for which the death~~	1430
~~penalty may be adjudged unless the case has been previously~~	1431
~~referred to trial as a noncapital case~~of the following	1432
punishments:	1433

(1) A fine of not more than two thousand five hundred dollars	1434
or confinement for not more than three hundred sixty-five days;	1435

(2) Forfeiture of all pay and allowances;

1436

(3) Reprimand;

1437

(4) Dismissal and dishonorable discharge or a bad conduct	1438
discharge;	1439

(5) Reduction of a noncommissioned officer to the lowest or	1440
any intermediate rank;	1441

(6) Any combination of the foregoing punishments.

1442

(B) A general court-martial may not adjudge dismissal or	1443
dishonorable discharge unless a complete record of the proceedings	1444
and testimony is made, counsel having the qualifications	1445
prescribed under division (B) of section 5924.27 of the Revised	1446
Code is detailed to represent the accused, and a military judge is	1447
detailed to the trial.	1448

Sec. 5924.19. Subject to section 5924.17 of the Revised	1449
Code, special courts-martial ~~shall~~ have jurisdiction to try	1450
persons subject to this code for any ~~non-capital~~ offense for which	1451
they may be punished under this code. A special court-martial may	1452
adjudge any punishment a general court-martial may adjudge, except	1453
~~death, dishonorable discharge, dismissal, confinement for~~that a	1454
special court-martial may not impose a fine of more than ~~six~~	1455
~~months, hard labor without~~one thousand dollars, confinement for	1456
more than ~~three months, forfeiture of pay exceeding two-thirds pay~~	1457
~~per month, or forfeiture of pay for more than six months~~one	1458
hundred eighty days for a single offense, or dismissal or	1459
dishonorable discharge. A ~~bad-conduct discharge~~special	1460
court-martial may not ~~be adjudged~~adjudge a bad-conduct discharge	1461
unless a complete record of the proceedings and testimony ~~has been~~	1462
is made, counsel having the qualifications prescribed under	1463
division (B) of section 5924.27 of the Revised Code ~~was~~is	1464
detailed to represent the accused, and a military judge ~~was~~is	1465
detailed to the trial. ~~In any case in which a military judge was~~	1466
~~not detailed to the trial, except when due to physical conditions~~	1467
~~or military exigencies, the convening authority shall make a~~	1468
~~written statement, to be appended to the record, stating the~~	1469
~~reason or reasons a military judge could not be detailed.~~	1470

Sec. 5924.20. (A) Subject to section 5924.17 of the Revised	1471
Code, summary courts-martial have jurisdiction to try persons	1472
subject to this code~~, except officers and warrant officers,~~ for	1473
any offense made punishable by this code.	1474

(B) No person with respect to whom summary courts-martial	1475
have jurisdiction may be brought to trial before a summary	1476
court-martial if hethe person objects ~~thereto~~to being brought to	1477
trial before a summary court-martial. If objection to trial by	1478
summary court-martial is made by an accused, trial may be ordered	1479
by special or general court-martial, as may be appropriate.	1480

(C) Summary courts-martial may~~, under such limitations as the~~	1481
~~governor may prescribe,~~ adjudge punishment of a fine not ~~forbidden~~	1482
~~by this code, except death, dismissal, dishonorable or bad conduct~~	1483
~~discharge,~~exceeding five hundred dollars, confinement for not	1484
more than ~~one month, hard labor without confinement for more than~~	1485
~~forty-five days, restriction to specified limits for more than two~~	1486
~~months, or~~thirty days, forfeiture of not more than two-thirds of	1487
one month's pay, and reduction to the lowest or any intermediate	1488
pay grade. For enlisted members in pay grade above E-4, summary	1489
courts-martial may not adjudge confinement or reduction except to	1490
the next inferior pay grade.	1491

Sec. 5924.21. The provisions of this code that confer	1492
jurisdiction on courts-martial do not deprive military	1493
commissions, provost courts, other military tribunals, or state or	1494
federal courts of concurrent jurisdiction with respect to	1495
offenders or offenses that by statute or by the law of war may be	1496
tried by military commissions, provost courts, other military	1497
tribunals, or state or federal courts.	1498

Sec. 5924.22. In the organized militia not in federal	1499
service, the governor, adjutant general, assistant adjutant	1500
general for army, or assistant adjutant general for air may	1501
convene general courts-martial ~~may be convened by the governor~~.	1502

Sec. 5924.23. In the organized militia not in federal	1503
service, ~~the commanding officer of a garrison, fort, post, camp,~~	1504
~~air base, auxiliary air base, or other place where troops are on~~	1505
~~duty, or of a division, brigade, regiment, battle group, wing,~~	1506
~~group, detached battalion, separate squadron, or other detached~~	1507
~~command,~~any commander authorized by regulation in the grade of	1508
colonel or a higher grade may convene special courts-martial.	1509
~~Special courts-martial may also be convened by superior authority.~~	1510
~~When any such officer is an accuser, the court shall be convened~~	1511
~~by superior competent authority.~~	1512

Sec. 5924.24. ~~(A)~~ In the organized militia not in federal	1513
service, ~~the commanding officer of a garrison, fort, post, camp,~~	1514
~~air base, auxiliary air base, or other place where troops are on~~	1515
~~duty, or of a division, brigade, regiment, battle group, wing,~~	1516
~~group, detached battalion, detached squadron, detached company, or~~	1517
~~other detachment,~~any commander authorized by regulation in the	1518
grade of lieutenant colonel or a higher grade may convene a	1519
summary court-martial ~~consisting of one commissioned officer. The~~	1520
~~proceedings shall be informal.~~	1521

~~(B) When only one commissioned officer is present with a~~	1522
~~command or detachment he shall be the summary court-martial of~~	1523
~~that command or detachment and shall hear and determine all~~	1524
~~summary court-martial cases brought before him. Summary~~	1525
~~courts-martial may, however, be convened in any case by superior~~	1526
~~competent authority when considered desirable by him~~.	1527

Sec. 5924.25. (A) Any commissioned officer ~~of or on~~in a	1528
duty ~~with the organized militia~~status is eligible to serve on all	1529
courts-martial for the trial of any person who may lawfully be	1530
brought before such courts for ~~trail~~trial.	1531

(B) Any warrant officer ~~of or on~~in a duty ~~with the organized~~	1532
~~militia~~status is eligible to serve on general and special	1533
courts-martial for the trial of any person, other than a	1534
commissioned officer, who may lawfully be brought before such	1535
courts for ~~trail~~trial.	1536

(C)(1) Any enlisted member of the organized militia in a duty	1537
status who is not a member of the same unit as the accused is	1538
eligible to serve on general and special courts-martial for the	1539
trial of any enlisted member of the organized militia who may	1540
lawfully be brought before such courts for trial~~, but he shall~~	1541
~~serve as a member of a court only~~ if, before the conclusion of a	1542
session called by the military judge ~~under division (A) of section~~	1543
~~5924.39 of the Revised Code~~ or, in the absence of ~~such~~ a session	1544
called by the military judge, before the court is assembled for	1545
the trial of the accused, the accused personally has requested in	1546
writing that enlisted members serve on it. After such a request,	1547
the accused may not be tried by a general or special	1548
court-martial, the membership of which does not include enlisted	1549
members in a number comprising at least one-third of the total	1550
membership of the court, unless eligible members cannot be	1551
obtained on account of physical conditions or military exigencies.	1552
If ~~such~~enough enlisted members cannot be obtained, the court may	1553
be assembled and trial held without them, but the convening	1554
authority shall make a detailed written statement, to be appended	1555
to the record, stating why they could not be obtained.	1556

(2) InAs used in division (C) of this section, ~~the word~~	1557
"unit" means any regularly organized body of the organized militia	1558
not larger than a company, a squadron, a division of the naval	1559
militia, or a body corresponding to one of them.	1560

(D)(1) ~~When~~If it can be avoided, noa person subject to this	1561
code shall not be tried by a court-martial, any member of which is	1562
junior to ~~him~~the person in rank or grade.	1563

(2) When convening a court-martial, the convening authority	1564
shall detail as members ~~thereof such~~of the court-martial members	1565
asof the organized militia who, in ~~his~~the convening authority's	1566
opinion, are best qualified for the duty by reason of age,	1567
education, training, experience, length of service, and judicial	1568
temperament. No member of the organized militia is eligible to	1569
serve as a member of a general or special court-martial ~~when he~~if	1570
the member of the organized militia is the accuser or a witness	1571
for the prosecution or has acted as investigating officer or as	1572
counsel in the same case. ~~If within the command of the convening~~	1573
~~authority there is present and not otherwise disqualified a~~	1574
~~commissioned officer who is a member of the bar of the state and~~	1575
~~of appropriate rank, the convening authority shall appoint him as~~	1576
~~president of a special court-martial. Although this requirement is~~	1577
~~binding on the convening authority, failure to meet it in any case~~	1578
~~does not divest a military court of jurisdiction.~~	1579

Sec. 5924.26. (A) ~~The authority convening a~~A military judge	1580
shall be detailed to each general ~~court-martial shall, and,~~	1581
~~subject to regulations promulgated by the governor, the authority~~	1582
~~convening a~~and special court-martial ~~may, detail a~~. A military	1583
judge toshall preside over each open session of the court-martial	1584
to which the judge has been detailed.	1585

(B) A military judge shall be a commissioned officer of the	1586
organized militia who is a member in good standing of the bar of	1587
this state~~, or a member of the bar of a federal court,~~ and who is	1588
certified to be qualified for ~~such~~ duty as a military judge by the	1589
state judge advocate.	1590

(C) The military judge of a general or special court-martial	1591
shall be designated by the state judge advocate ~~or his designee~~	1592
for detail by the convening authority. Unless the court-martial	1593
was convened by the governor or the adjutant general, neither the	1594
convening authority nor ~~his~~the convening authority's staff, other	1595
than the state judge advocate or deputy state judge advocate,	1596
shall prepare or review any report concerning the effectiveness,	1597
fitness, or efficiency of the military ~~judge so detailed which~~	1598
~~relates to his~~judge's performance of duty as a military judge. A	1599
~~commissioned officer who is certified as a military judge of a~~	1600
~~general court-martial may perform duties other than those relating~~	1601
~~to his being a military judge of a general court-martial when such~~	1602
~~duties are assigned to him by or with the approval of the state~~	1603
~~judge advocate or his designee.~~	1604

(D) No person is eligible to act as a military judge in a	1605
case if hethe person is the accuser, is a witness for the	1606
prosecution, has acted as investigating officer, or is a counsel	1607
in the same case.	1608

(E) The military judge of a court-martial may not consult	1609
with the members of the court, except in the presence of the	1610
accused, trial counsel, and defense counsel, nor may hethe	1611
military judge vote with the members of the court.	1612

(F) A trial counsel, defense counsel, military judge, legal	1613
officer, summary court officer, or any other person from any one	1614
component of the organized militia certified by the state judge	1615
advocate to perform legal functions under this code may perform	1616
those functions, as needed, for any other component of the	1617
organized militia.	1618

Sec. 5924.27. (A) ~~For each general and special court-martial~~	1619
~~the authority convening the court~~The state judge advocate shall	1620
detail trial counsel ~~and~~, defense counsel, and ~~such~~ assistants as	1621
hethat the state judge advocate considers appropriate. No person	1622
who has acted as investigating officer, military judge, or court	1623
member in any case may act later as trial counsel, assistant trial	1624
counsel, ~~or, unless expressly requested by the accused, as~~ defense	1625
counsel, or assistant defense counsel in the same case. No person	1626
who has acted for the prosecution may act later in the same case	1627
for the defense, nor may any person who has acted for the defense	1628
act later in the same case for the prosecution.	1629

(B) Trial counsel or defense counsel detailed for a general	1630
court-martial must be both of the following:	1631

(1) ~~Must be a person who is a~~A member in good standing of	1632
the bar of ~~the highest court of~~ this state~~, or a member of the bar~~	1633
~~of a federal court, or a law specialist~~; ~~and~~	1634

(2) ~~Must be certified~~Certified as competent to perform ~~such~~	1635
the duties of trial counsel or defense counsel in a general	1636
court-martial by the state judge advocate.	1637

~~(C) In the case of a special court-martial, the accused shall~~	1638
~~be afforded the opportunity to be represented at the trial by~~	1639
~~counsel having the qualifications prescribed by division (B) of~~	1640
~~this section. If counsel having such qualifications cannot be~~	1641
~~obtained because of physical conditions or military exigencies,~~	1642
~~the court may be convened and the trial held, but the convening~~	1643
~~authority shall make a detailed written statement explaining the~~	1644
~~reasons, which shall be appended to the record.~~	1645

Sec. 5924.28. Under such regulations as the ~~governor~~	1646
adjutant general may prescribe, the convening authority of a	1647
general or special court-martial ~~or court of inquiry~~ shall detail	1648
or employ qualified court reporters, who shall record the	1649
proceedings of and testimony taken before that court~~. Under like~~	1650
~~regulations the convening authority of a military court~~, and may	1651
detail or employ interpreters, who shall interpret for the court.	1652

Sec. 5924.29. (A) No member of a general or special	1653
court-martial shall be absent or excused after the court has been	1654
assembled for the trial of the accused except for physical	1655
disability, as a result of a challenge, or by order of the	1656
convening authority for good cause.	1657

(B) Whenever a general court-martial, other than a general	1658
court-martial composed of a military judge only, is reduced below	1659
five members, the trial may not proceed unless the convening	1660
authority details new members sufficient in number to provide not	1661
~~less~~fewer than five members. When the new members have been	1662
sworn, the trial may proceed with the new members present after	1663
the recorded evidence previously introduced before the members of	1664
the court has been read to the court in the presence of the	1665
military judge, the accused, and counsel for both sides.	1666

(C) Whenever a special court-martial, other than a special	1667
court-martial composed of a military judge only, is reduced below	1668
three members, the trial may not proceed unless the convening	1669
authority details new members sufficient in number to provide not	1670
~~less~~fewer than three members. When the new members have been	1671
sworn, the trial shall proceed with the new members present as if	1672
no evidence had previously been introduced at the trial, unless a	1673
verbatim record of the evidence previously introduced before the	1674
members of the court or a stipulation thereof is read to the court	1675
in the presence of the military judge, if any, the accused, and	1676
counsel for both sides.	1677

(D) If the military judge of a court-martial composed of a	1678
military judge only is unable to proceed with the trial because of	1679
physical disability, as a result of a challenge, or for other good	1680
cause, the trial shall proceed~~, subject to any applicable~~	1681
~~conditions of division (B)(1)(b) or division (B)(2)(c) of section~~	1682
~~5924.16 of the Revised Code,~~ after the detail of a new military	1683
judge as if no evidence had previously been introduced, unless a	1684
verbatim record of the evidence previously introduced or a	1685
stipulation thereof is read in court in the presence of the new	1686
military judge, the accused, and counsel for both sides.	1687

Sec. 5924.30. (A) Charges and specifications shall be signed	1688
by a person subject to this code under oath before a ~~person~~	1689
commissioned officer of the organized militia authorized ~~by this~~	1690
~~code~~ to administer oaths and shall state both of the following:	1691

(1) That the signer has personal knowledge of, or has	1692
investigated, the matters set forth ~~therein~~in the charges and	1693
specifications; ~~and~~	1694

(2) That ~~they~~those matters are true in fact to the best of	1695
~~his~~the person's knowledge and belief.	1696

(B) Upon the preferring of charges, the proper authority	1697
shall take immediate steps to determine ~~what~~the disposition that	1698
should be made ~~thereof~~of the charges in the interest of justice	1699
and discipline, and the person accused shall be informed of the	1700
charges ~~against him~~ as soon as practicable.	1701

Sec. 5924.31. (A) No person subject to this code may compel	1702
any other person to incriminate ~~himself~~the other person or to	1703
answer any question, the answer to which may tend to incriminate	1704
~~him~~the other person.	1705

(B) No person subject to this code may interrogate, or	1706
request any statement from an accused or a person suspected of an	1707
offense, without first informing ~~him~~the accused or person	1708
suspected of the nature of the accusation and advising ~~him~~the	1709
accused or person suspected that hethe accused or person	1710
suspected does not have to make any statement regarding the	1711
offense of which hethe accused or person suspected is accused or	1712
suspected and that any statement made by ~~him~~the accused or person	1713
suspected may be used as evidence against ~~him~~the accused or	1714
person suspected in a trial by court-martial.	1715

(C) No person subject to this code may compel any other	1716
person to make a statement or produce evidence before any ~~military~~	1717
~~tribunal~~court-martial if the statement or evidence is not	1718
material to the issue and may tend to degrade ~~him~~the other	1719
person.	1720

(D) No statement obtained from any person in violation of	1721
this section, or through the use of coercion, unlawful influence,	1722
or unlawful inducement may be received in evidence against ~~him~~the	1723
person in a trial by court-martial.	1724

Sec. 5924.32. (A) No charge or specification may be referred	1725
to a general court-martial for trial until a thorough and	1726
impartial investigation of all the matters set forth ~~therein~~in	1727
the charge or specification has been made. This investigation	1728
shall include inquiry as to the truth of the matter set forth in	1729
the charges, consideration of the form of charges, and a	1730
recommendation as to the disposition ~~which~~that should be made of	1731
the case in the interest of justice and discipline.	1732

(B) The accused shall be advised of the charges against ~~him~~	1733
the accused and of ~~his~~the accused's right to be represented at	1734
that investigation by counsel. Upon ~~his~~the accused's own request	1735
he, the accused shall be represented by civilian counsel if	1736
provided by ~~him~~the accused at the accused's own cost, or by	1737
military counsel of ~~his~~the accused's own selection if such	1738
counsel is reasonably available, or by counsel detailed by the	1739
officer exercising general court-martial jurisdiction over the	1740
command. At that investigation full opportunity shall be given to	1741
the accused to cross-examine witnesses against ~~him~~the accused if	1742
they are available and to present anything hethe accused may	1743
desire in ~~his~~the accused's own behalf, either in defense or	1744
mitigation, and the investigating officer shall examine reasonably	1745
available witnesses requested by the accused. If the charges are	1746
forwarded after the investigation, they shall be accompanied by a	1747
statement of the substance of the testimony taken on both sides,	1748
and a copy ~~thereof~~of that statement shall be given to the	1749
accused.	1750

(C) If an investigation of the subject matter of an offense	1751
has been conducted before the accused is charged with the offense,	1752
and if the accused was present at the investigation and afforded	1753
the opportunities for representation, cross-examination, and	1754
presentation prescribed in division (B) of this section, no	1755
further investigation of that charge is necessary under this	1756
section unless it is demanded by the accused after hethe accused	1757
is informed of the charge. A demand for further investigation	1758
entitles the accused to recall witnesses for further	1759
cross-examination and to offer any new evidence in ~~his~~the	1760
accused's own behalf.	1761

(D) The requirements of this section are binding on all	1762
persons administering this code but failure to follow them does	1763
not divest a military court of jurisdiction.	1764

Sec. 5924.33. When a person is held for trial by general	1765
court-martial, the commanding officer shall, ~~within eight days~~not	1766
later than the eighth day after the accused is ordered into arrest	1767
or confinement, ~~if practicable,~~ forward the charges, together with	1768
the investigation and allied papers, to the ~~governor~~general	1769
court-martial convening authority. If that is not practicable, he	1770
the commanding officer shall report in writing to the ~~governor~~	1771
convening authority the reasons for delay.	1772

Sec. 5924.34. (A) Before directing the trial of any charge	1774
by general court-martial, the convening authority shall refer it	1775
to the ~~state~~convening authority's staff judge advocate or legal	1776
officer for consideration and advice. The convening authority may	1777
not refer a charge to a general court-martial for trial unless he	1778
the convening authority has found that the charge alleges an	1779
offense under this code and is warranted by evidence indicated in	1780
the report of the investigation.	1781

(B) If the charges or specifications are not formally correct	1782
or do not conform to the substance of the evidence contained in	1783
the report of the investigating officer, formal corrections and	1784
such changes in the charges and specifications as are needed to	1785
make them conform to the evidence may be made.	1786

Sec. 5924.35. The trial counsel to whom court-martial	1787
charges are referred for trial shall cause to be served upon the	1788
accused a copy of the charges upon which trial is to be had. In	1789
Except in time of ~~peace~~declared war, no person may, against ~~his~~	1790
the person's objection, be brought to trial or be required to	1791
participate ~~by himself~~alone or with counsel in a session called	1792
by the military judge ~~under division (A) of section 5924.39 of the~~	1793
~~Revised Code,~~ in a general or special court-martial case within a	1794
~~period of five days~~twenty-four hours after the service of charges	1795
upon ~~him, or in a special court-martial within a period of three~~	1796
~~days after the service of the charges upon him~~the person.	1797

Sec. 5924.36. The procedure, including modes of proof, in	1798
cases before military courts ~~and other military tribunals~~ may be	1799
prescribed by the ~~governor~~adjutant general by regulations, ~~which~~	1800
that shall, so far as hethe adjutant general considers	1801
practicable, apply the principles of law and the rules of evidence	1802
generally recognized in the trial of criminal cases in the courts	1803
of ~~the~~this state, but ~~which~~that may not be contrary to or	1804
inconsistent with this code.	1805

Sec. 5924.37. (A) No authority convening a general, special,	1806
or summary court-martial, ~~nor any~~ other commanding officer, or	1807
officer serving on the staff ~~thereof,~~of a convening authority or	1808
other commanding officer may censure, reprimand, or admonish the	1809
court or any member, military judge, or counsel ~~thereof~~of the	1810
court, with respect to the findings or sentence adjudged by the	1811
court, or with respect to any other exercise of its or ~~his~~the	1812
member's, military judge's, or counsel's functions in the conduct	1813
of the proceeding. No person subject to this code may attempt to	1814
coerce or, by any unauthorized means, influence the action of the	1815
court-martial or any other military tribunal or any member ~~thereof~~	1816
of the court-martial or military tribunal in reaching the findings	1817
or sentence in any case, or the action of any convening,	1818
approving, or reviewing authority with respect to ~~his~~the	1819
authority's judicial acts. This division does not apply to:	1820

(1) General instructional or informational courses in	1821
military justice, if such courses are designed solely for the	1822
purpose of instructing members of a command in the substantive and	1823
procedural aspects of courts-martial;	1824

(2) Statements and instructions given in open court by the	1825
military judge, the president of a special court-martial, or	1826
counsel.	1827

(B) In the preparation of ~~an effectiveness,~~a fitness, or	1828
~~efficiency~~evaluation, or performance report, or any other report	1829
or document used in whole or in part for the purpose of	1830
determining whether a member of the organized militia is qualified	1831
to be advanced in grade, or in determining the assignment or	1832
transfer of a member of the organized militia, or in determining	1833
whether a member of the organized militia should be retained ~~in an~~	1834
~~active status~~on duty, no person subject to this code may~~, in~~	1835
~~preparing any such report~~do either of the following:	1836

(1) Consider or evaluate the performance of duty of ~~any such~~	1837
the member as a member of a court-martial;	1838

(2) Give a less favorable rating or evaluation of any member	1839
of the organized militia because of the zeal with which ~~such~~the	1840
member, as counsel, represented any accused before a	1841
court-martial.	1842

Sec. 5924.38. (A) The trial counsel of a general or special	1843
court-martial shall prosecute in the name of the state, and shall,	1844
under the direction of the court, prepare the record of the	1845
proceedings.	1846

(B) The accused has the right to be represented in ~~his~~the	1847
accused's defense before a general or special court-martial by	1848
civilian counsel if provided by ~~him~~the accused at the accused's	1849
own cost, or by military counsel of ~~his~~the accused's own	1850
selection if reasonably available, or by ~~the~~detailed military	1851
defense counsel ~~detailed under section 5924.27 of the Revised~~	1852
~~Code~~. Should the accused have civilian counsel of ~~his~~the	1853
accused's own selection, the defense counsel, and any assistant	1854
defense counsel~~, if any,~~ who were detailed, shall, if the accused	1855
so desires, act as ~~his~~the accused's associate counsel; otherwise	1856
they shall be excused by the military judge ~~or by the president of~~	1857
~~a court-martial without a military judge~~.	1858

(C) In every court-martial proceeding, the defense counsel	1859
may, in the event of conviction, forward for attachment to the	1860
record of proceedings a brief of such matters as hethe defense	1861
counsel feels should be considered in behalf of the accused on	1862
review, including any objection to the contents of the record	1863
which hethe defense counsel considers appropriate.	1864

(D) An assistant trial counsel of a ~~general~~ court-martial	1865
may, under the direction of the trial counsel or when hethe	1866
assistant trial counsel is qualified to be a trial counsel as	1867
~~required by section 5924.27 of the Revised Code~~, perform any duty	1868
imposed by law, regulation, or the custom of the service upon the	1869
trial counsel ~~of the court. An assistant trial counsel of a~~	1870
~~special court-martial may perform any duty of the trial counsel~~.	1871

(E) An assistant defense counsel of a general or special	1872
court-martial may, under the direction of the defense counsel or	1873
when hethe assistant defense counsel is qualified to be the	1874
defense counsel ~~as required by section 5924.27 of the Revised~~	1875
~~Code~~, perform any duty imposed by law, regulation, or the custom	1876
of the service upon counsel for the accused.	1877

Sec. 5924.39. (A) At any time after the service of charges	1878
~~which~~that have been referred for trial to a court-martial	1879
composed of a military judge and members, the military judge may,	1880
subject to section 5924.35 of the Revised Code, call the court	1881
into session without the presence of the members for the following	1882
purposes:	1883

(1) Hearing and determining motions raising defenses or	1884
objections ~~which~~that are capable of determination without trial	1885
of the issues raised by a plea of not guilty;	1886

(2) Hearing and ruling upon any matter ~~which~~that may be	1887
ruled upon by the military judge under this code, whether or not	1888
the matter is appropriate for later consideration or decision by	1889
the members of the court;	1890

(3) If permitted by regulations prescribed by the governor,	1891
holding the arraignment and receiving the pleas of the accused;	1892

(4) Performing any other procedural function ~~which~~that may	1893
be performed by the military judge under this code or under ~~rules~~	1894
regulations prescribed pursuant to section 5924.36 of the Revised	1895
Code and ~~which~~that does not require the presence of the members	1896
of the court.	1897

These proceedings shall be conducted in the presence of the	1898
accused, the defense counsel, and the trial counsel, and shall be	1899
made a part of the record.	1900

(B) When the members of a court-martial deliberate or vote,	1901
only the members may be present. All other proceedings, including	1902
any other consultation of the members of the court with counsel or	1903
the military judge, shall be made a part of the record and shall	1904
be in the presence of the accused, the defense counsel, the trial	1905
counsel, and, in cases in which a military judge has been detailed	1906
to the court, the military judge.	1907

Sec. 5924.41. (A) The military judge and members of a	1908
general or special court-martial may be challenged by the accused	1909
or the trial counsel for cause stated to the court. The military	1910
judge or, if none, the court, shall determine the relevancy and	1911
validity of challenges for cause, and may not receive a challenge	1912
to more than one person at a time. Challenges by the trial counsel	1913
shall ordinarily be presented and decided before those by the	1914
accused are offered.	1915

(B) Each accused and the trial counsel is entitled to one	1916
peremptory challenge, but the military judge may not be ~~challengd~~	1917
challenged except for cause.	1918

(C) If the exercise of a peremptory challenge reduces the	1919
number of members of a court-martial below the minimum required	1920
under section 5924.16 of the Revised Code, any remaining	1921
peremptory challenges shall be exercised or waived before	1922
additional members are detailed.	1923

(D) Additional members detailed to a court-martial may be	1924
challenged for cause as provided in division (A) of this section.	1925
After challenges for cause against the additional members are	1926
presented and decided, each accused and trial counsel is entitled	1927
to one peremptory challenge against members not previously	1928
challenged peremptorily.	1929

Sec. 5924.42. (A) Before performing their respective duties,	1930
military judges, interpreters, members of general and special	1931
courts-martial, the trial counsel, the assistant trial counsel,	1932
the defense counsel, the assistant defense counsel, and reporters	1933
shall take an oath or affirmation to perform their duties	1934
faithfully. The ~~form of the~~ oath or affirmation~~, the time and~~	1935
~~place of the taking thereof, the manner of recording, and whether~~	1936
~~the oath~~ shall be taken ~~for all cases in which these duties are to~~	1937
~~be performed or for a particular case, shall be as prescribed in~~	1938
~~regulations promulgated by the governor. These regulations may~~	1939
~~provide that an oath or affirmation to faithfully perform duties~~	1940
~~as a military judge, trial counsel, assistant trial counsel,~~	1941
~~defense counsel, or assistant defense counsel may be taken at any~~	1942
~~time by any judge advocate, law specialist, or other person~~	1943
~~certified to be qualified or competent for the duty, and if such~~	1944
~~oath is taken it need not again be taken at the time the judge~~	1945
~~advocate, law specialist, or other person is detailed to that duty~~	1946
in the presence of the accused and shall be substantially as	1947
follows:	1948

(1) For a member of the court:

1949

"You, .........., do swear (or affirm) that you will	1950
faithfully perform all the duties incumbent upon you as a member	1951
of this court; that you will faithfully and impartially try,	1952
according to the evidence, your conscience, and the laws and	1953
regulations provided for trials by courts-martial, the case of	1954
(the) (each) accused now before this court; and that if any doubt	1955
should arise not explained by the laws and regulations, then	1956
according to the best of your understanding and the customs of the	1957
service in like cases; that you will not divulge the findings or	1958
sentence in any case until they shall have been duly announced by	1959
the court; and that you will not disclose or discover the vote or	1960
opinion of any particular member of the court upon a challenge or	1961
upon the findings or sentence unless required to do so before a	1962
court of justice in due course of law. So help you God (or under	1963
penalty of perjury)."	1964

(2) For a military judge:

1965

"You, .........., do swear (or affirm) that you will	1966
faithfully and impartially perform, according to your conscience	1967
and the laws and regulations provided for trials by	1968
courts-martial, all the duties incumbent upon you as military	1969
judge of this court; that if any doubt should arise not explained	1970
by the laws and regulations, then according to the best of your	1971
understanding and the customs of the service in like cases; and	1972
that you will not divulge the findings or sentence in any case	1973
until they shall have been duly announced by the court. So help	1974
you God (or under penalty of perjury)."	1975

(3) For trial counsel and assistant trial counsel:

1976

"You, .........., do swear (or affirm) that you will	1977
faithfully perform the duties of trial counsel and will not	1978
divulge the findings or sentence of the court to any but the	1979
proper authority until they shall be duly disclosed. So help you	1980
God (or under penalty of perjury)."	1981

(4) For defense counsel and assistant defense counsel:

1982

"You, .........., do swear (or affirm) that you will	1983
faithfully perform the duties of defense counsel and will not	1984
divulge the findings or sentence of the court to any but the	1985
proper authority until they shall be duly disclosed. So help you	1986
God (or under penalty of perjury)."	1987

(5) For a reporter or interpreter:

1988

"You, ..........., do swear (or affirm) that you will	1989
faithfully perform the duties of reporter (or interpreter) to this	1990
court. So help you God (or under penalty of perjury)."	1991

(B) Each witness before a ~~military court~~court-marital shall	1992
be examined on oath or affirmation. The presiding officer shall	1993
administer an oath or affirmation in substantially the following	1994
form:	1995

"You, .........., do swear (or affirm) that the evidence you	1996
shall give in the case now in hearing shall be the truth, the	1997
whole truth, and nothing but the truth. So help you God (or under	1998
penalty of perjury)."	1999

Sec. 5924.43. (A) A ~~person charged with desertion or absence~~	2000
~~without leave in time of war, or with aiding the enemy or with~~	2001
~~mutiny, or with murder, may be tried and punished at any time~~	2002
~~without limitation.~~	2003

~~(B) Except as otherwise provided in this section, a person~~	2004
~~charged with desertion in time of peace or any of the offenses~~	2005
~~punishable under sections 5924.119 to 5924.132 of the Revised~~	2006
~~Code, is not liable to be tried by court-martial if the offense~~	2007
~~was committed more than three years before the receipt of sworn~~	2008
~~charges and specifications by an officer exercising summary~~	2009
~~court-martial jurisdiction over the command.~~	2010

~~(C) Except as otherwise provided in this section, a~~ person	2011
charged with ~~any~~an offense punishable under this code is not	2012
liable to be tried by court-martial or punished under section	2013
5924.15 of the Revised Code if the offense was committed more than	2014
~~two~~four years before the receipt of sworn charges and	2015
specifications by an officer exercising ~~summary~~ court-martial	2016
jurisdiction over the command ~~or before the imposition of~~	2017
~~punishment under section 5924.15 of the Revised Code~~.	2018

~~(D)~~(B) Periods in which the accused was absent from ~~territory~~	2019
~~in which~~ the state ~~has the authority to apprehend him~~, oris in	2020
the custody of civil authorities, or in the hands of the enemy,	2021
shall be excluded in computing the period of limitation prescribed	2022
in this section.	2023

Sec. 5924.44. (A) No person may~~, without his consent,~~ be	2024
tried a second time in any ~~military or civil court~~court-martial	2025
of ~~the~~this state for the same offense.	2026

(B) No proceeding in which an accused has been found guilty	2027
by a court-martial upon any charge or specification is a trial in	2028
~~the sense~~for purposes of this section until the finding of guilty	2029
has become final after review of the case has been fully	2030
completed.	2031

(C) A proceeding ~~which~~that, after the introduction of	2032
evidence but before a finding, is dismissed or terminated by the	2033
convening authority or on motion of the prosecution for ~~failure~~	2034
want of available evidence or witnesses without any fault of the	2035
accused is a trial ~~in the sense~~for purposes of this section.	2036

Sec. 5924.45. (A) ~~If an~~An accused ~~after arraignment makes~~	2037
~~an irregular pleading, or after a plea of guilty sets up matter~~	2038
~~inconsistent with the plea, or if it appears that he has entered~~	2039
~~the plea of guilty improvidently or through lack of understanding~~	2040
~~of its meaning and effect, or if he fails or refuses to~~may plead,	2041
~~a plea of~~ not guilty ~~shall be entered in the record, and the court~~	2042
~~shall proceed as though he had pleaded not guilty.~~	2043

~~(B) A plea of guilty by the accused may not be accepted to~~	2044
~~any charge or specification alleging an offense for which the~~	2045
~~death penalty may be adjudged. If a plea of guilty has been~~	2046
~~accepted by the military judge or by a court-martial without a~~	2047
~~military judge, a finding of guilty, if permitted by regulations~~	2048
~~promulgated by the governor, shall be entered immediately without~~	2049
~~vote and shall constitute the finding of the court. If the plea of~~	2050
~~guilty is withdrawn prior to announcement of the sentence, the~~	2051
~~proceedings shall continue as though the accused had pleaded~~, not	2052
guilty by reason of insanity, guilty, or, with the consent of the	2053
court, no contest. A plea of not guilty by reason of insanity	2054
shall be made in writing by either the accused or the accused's	2055
attorney. All other pleas may be made orally. The pleas of not	2056
guilty and not guilty by reason of insanity may be joined.	2057

(B) If an accused refuses to plead, the court shall enter a	2058
plea of not guilty on behalf of the accused.	2059

(C) Before accepting a plea of guilty, the military judge	2060
shall address the accused personally and inform the accused of,	2061
and determine that the accused understands, all of the following:	2062

(1) The nature of the offense to which the plea is offered	2063
and the maximum possible penalty provided by law;	2064

(2) In a general or special court-martial, if the accused is	2065
not represented by counsel, that the accused has the right to be	2066
represented by counsel at every stage of the proceedings;	2067

(3) That the accused has the right to plead not guilty or to	2068
persist in that plea if already made, that the accused has the	2069
right to be tried by a court-martial, and that at trial the	2070
accused has the right to confront and cross-examine witnesses	2071
against the accused and the right against self-incrimination.	2072

(4) That if the accused pleads guilty, there will not be a	2073
trial of any kind as to those offenses to which the accused has so	2074
pleaded and that by pleading guilty the accused waives the rights	2075
described in division (C)(3) of this section;	2076

(5) That, if the accused pleads guilty, the military judge	2077
will question the accused about the offenses to which the accused	2078
has pleaded guilty, and that, if the accused answers the questions	2079
under oath, on the record, and in the presence of counsel, the	2080
accused's answers may later be used against the accused in a	2081
prosecution for perjury or false statement.	2082

(D) The military judge shall not accept a plea of guilty	2083
without first addressing the accused personally and determining	2084
that the plea is voluntary and not the result of fear, threats, or	2085
promises. The military judge shall also inquire as to whether the	2086
accused's willingness to plead guilty results from prior	2087
discussions between the convening authority, a representative of	2088
the convening authority, or trial counsel and the accused or	2089
defense counsel.	2090

(E) The military judge shall not accept a plea of guilty	2091
without making an inquiry of the accused that satisfies the	2092
military judge that there is a factual basis for the plea. The	2093
accused shall be questioned under oath about the offenses charged.	2094

(F) When a negotiated plea of guilty or no contest to one or	2095
more offenses charged or to one or more other or lesser offenses	2096
is offered, the underlying agreement upon which the plea is based	2097
shall be stated on the record in open court.	2098

(G) If the court refuses to accept a plea of guilty or no	2099
contest, the court shall enter a plea of not guilty on behalf of	2100
the accused, and neither plea shall be admissible in evidence or	2101
be the subject of comment by the trial counsel or court.	2102

(H) The defense of not guilty by reason of insanity must be	2103
pleaded at the time of arraignment, except that the court for good	2104
cause shown shall permit a plea of not guilty by reason of	2105
insanity to be entered at any time before trial.	2106

(I) A motion to withdraw a plea of guilty or no contest may	2107
be made only before sentence is imposed, but to correct manifest	2108
injustice the court after sentence may set aside the judgment of	2109
conviction and permit the accused to withdraw the plea.	2110

(J) An accused who is found guilty after pleading guilty	2111
waives any objection, whether or not previously raised, relating	2112
to the factual issue of guilt of the offense to which the plea was	2113
made.	2114

Sec. 5924.46. (A) The trial counsel, the defense counsel,	2115
and the court-martial shall have equal opportunity to obtain	2116
witnesses and other evidence in accordance with such regulations	2117
as the ~~governor~~adjutant general may prescribe.	2118

(B) ~~The president of a court-martial or a summary court~~	2119
~~officer may:~~	2120

~~(1) Issue a warrant for the arrest of any accused person who,~~	2121
~~having been served with a warrant and a copy of the charges,~~	2122
~~disobeys a written order by the convening authority to appear~~	2123
~~before the court;~~	2124

~~(2) Issue subpoenas duces tecum and other subpoenas;~~

2125

~~(3) Enforce by attachment the attendance of witnesses and the~~	2126
~~production of books and papers; and~~	2127

~~(4) Sentence for refusal to be sworn or to answer, as~~	2128
~~provided in actions before civil courts of the state.~~	2129

~~(C)~~ Process issued in court-martial cases to compel witnesses	2130
to appear and testify and to compel the production of other	2131
evidence shall be substantially similar to process that may be	2132
issued by the courts of this state in criminal cases and shall run	2133
to any part of the state.	2134

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

2135

~~(1) Has~~has been duly subpoenaed to appear as a witness or to	2136
produce books and records before a military court or before any	2137
military or civil officer designated to take a deposition to be	2138
read in evidence before ~~such~~ a military court;	2139

~~(2) Has~~or has been duly paid or tendered the fees and	2140
mileage of a witness at the rates provided for under section	2141
119.094 of the Revised Code; and	2142

~~(3) Willfully~~who willfully neglects or refuses to appear, or	2143
refuses to qualify as a witness or to testify or to produce any	2144
evidence ~~which~~ that the person may have been legally subpoenaed	2145
to produce~~; is guilty of an offense against the state and~~, may be	2146
punished for contempt in the ~~same~~ manner ~~as if committed before~~	2147
~~civil courts of the state~~provided for in Chapter 2705. of the	2148
Revised Code.	2149

Sec. 5924.48. A military court, in the manner provided for	2150
in Chapter 2705. of the Revised Code, may punish for contempt any	2151
person who ~~uses any menacing word, sign, or gesture in its~~	2152
~~presence, or who disturbs its proceedings by any riot or disorder.~~	2153
~~The punishment may not exceed confinement for thirty days or a~~	2154
~~fine of one hundred dollars, or both~~is guilty of any act	2155
described in section 2705.02 of the Revised Code.	2156

Sec. 5924.49. ~~(A)~~ At any time after charges have been signed	2157
as provided in section 5924.30 of the Revised Code, any party may	2158
take oral or written depositions ~~unless the military judge or~~	2159
~~court-martial without a military judge hearing the case or, if the~~	2160
~~case is not being heard, an authority competent to convene a~~	2161
~~court-martial for the trial of those charges forbids it for good~~	2162
~~cause. If a deposition is to be taken before charges are referred~~	2163
~~for trial, such an authority may designate commissioned officers~~	2164
~~to represent the prosecution and the defense and may authorize~~	2165
~~those officers to take the deposition of any witness.~~	2166

~~(B) The party at whose instance a deposition is to be taken~~	2167
~~shall give to every other party reasonable written notice of the~~	2168
~~time and place for taking the deposition.~~	2169

~~(C) Depositions may be taken before and authenticated by any~~	2170
~~military or civil officer authorized by the laws of the state or~~	2171
~~by the laws of the place where the deposition is taken to~~	2172
~~administer oaths.~~	2173

~~(D) A duly authenticated deposition, taken upon reasonable~~	2174
~~notice to the other parties, so far as otherwise admissible under~~	2175
~~the rules of evidence, may be read in evidence before any~~	2176
~~court-martial or in any proceeding before a court of inquiry, if~~	2177
~~it appears:~~	2178

~~(1) That the witness resides or is beyond the state in which~~	2179
~~the court-martial or court of inquiry is ordered to sit, or beyond~~	2180
~~the distance of one hundred miles from the place of trial or~~	2181
~~hearing;~~	2182

~~(2) That the witness by reason of death, age, sickness,~~	2183
~~bodily infirmity, imprisonment, military necessity, nonamenability~~	2184
~~to process, or other reasonable cause, is unable or refused to~~	2185
~~appear and testify in person at the place of trial or hearing;~~	2186

~~(3) That the present whereabouts of the witness is unknown;~~	2187
or	2188

~~(4) That the deposition was taken in the physical presence of~~	2189
~~the accused~~in the manner and for the purposes provided in the	2190
Ohio Rules of Criminal Procedure.	2191

Sec. 5924.50. (A) In any case ~~not capital and not extending~~	2192
~~to the dismissal of a commissioned officer~~, the sworn testimony,	2193
contained in the duly authenticated record of proceedings of a	2194
~~court~~board of ~~inquiry,~~officers of a person whose oral testimony	2195
cannot be obtained, may, if otherwise admissible under the rules	2196
of evidence, be read in evidence by any party before a	2197
court-martial if the accused was a party before the ~~court~~board of	2198
~~inquiry~~officers and if the same issue was involved or if the	2199
accused consents to the introduction of such evidence~~, and if the~~	2200
~~accused was physically present when the testimony was taken~~.	2201

(B) Such testimony may be read in evidence only by the	2202
defense in cases extending to the dismissal of a commissioned	2203
officer.	2204

(C) Such testimony may also be read in evidence before a	2205
court of inquiry or a ~~military~~ board of officers.	2206

Sec. 5924.501. (A) In an action under this code, the	2207
military judge, trial counsel, defense counsel, or civilian	2208
counsel may raise the issue of the accused's competence to stand	2209
trial. If the issue is raised before the trial has commenced, the	2210
court shall hold a hearing on the issue as provided in this	2211
section. If the issue is raised after the trial has commenced, the	2212
court shall hold a hearing on the issue only for good cause shown	2213
or on the court's own motion.	2214

(B) The court shall conduct the hearing required or	2215
authorized under division (A) of this section within thirty days	2216
after the issue is raised unless the accused has been referred for	2217
evaluation in which case the court shall conduct the hearing	2218
within ten days after the filing of the report of the evaluation.	2219
A hearing may be continued for good cause.	2220

(C) The accused shall be represented by counsel at the	2221
hearing conducted under division (B) of this section.	2222

(D) The trial counsel and defense counsel may submit evidence	2223
on the issue of the accused's competence to stand trial. A written	2224
report of the evaluation of the accused may be admitted into	2225
evidence at the hearing by stipulation, but, if either the	2226
government or defense objects to its admission, the report may be	2227
admitted under seal of court in camera to the military judge.	2228

(E) The court shall not find an accused incompetent to stand	2229
trial solely because the accused is receiving or has received	2230
treatment as a voluntary or involuntary mentally ill patient under	2231
Chapter 5122. of the Revised Code or because the accused is	2232
receiving or has received psychotropic drugs or other medication,	2233
even if the accused might become incompetent to stand trial	2234
without the drugs or medication.	2235

(F) An accused is presumed to be competent to stand trial.	2236
If, after a hearing, the court finds by a preponderance of the	2237
evidence that, because of the accused's present mental condition,	2238
the accused is incapable of understanding the nature and objective	2239
of the proceedings against the accused or of assisting in the	2240
accused's defense, the court shall find the accused incompetent to	2241
stand trial and shall enter an order authorized by section	2242
5924.503 of the Revised Code.	2243

Sec. 5924.502. (A) If the issue of an accused's competence	2244
to stand trial is raised or if an accused enters a plea of not	2245
guilty by reason of insanity, the court may order one or more	2246
evaluations of the accused's present mental condition or, in the	2247
case of a plea of not guilty by reason of insanity, of the	2248
accused's mental condition at the time of the offense charged. An	2249
examiner shall conduct the evaluation.	2250

(B) If the court orders more than one evaluation under	2251
division (A) of this section, the trial counsel and the defense	2252
counsel may recommend to the court an examiner whom each prefers	2253
to perform one of the evaluations. If an accused enters a plea of	2254
not guilty by reason of insanity and if the court does not	2255
designate an examiner recommended by the defense counsel, the	2256
court shall inform the accused that the accused may have	2257
independent expert evaluation and that it will be obtained for the	2258
accused at public expense.	2259

(C) If the court orders an evaluation under division (A) of	2260
this section, the accused shall be available at the times and	2261
places established by the examiners who are to conduct the	2262
evaluation. The court may order an accused who is not being held	2263
in pretrial confinement to submit to an evaluation under this	2264
section. If an accused who is not being held in pretrial	2265
confinement refuses to submit to a complete evaluation, the court	2266
may order the sheriff to take the accused into custody and deliver	2267
the accused to a center, program, or facility operated or	2268
certified by the department of mental health where the accused may	2269
be held for evaluation for a reasonable period of time not to	2270
exceed twenty days.	2271

(D) An accused who is being held in pretrial confinement may	2272
be evaluated at the accused's place of detention. Upon the request	2273
of the examiner, the court may order the sheriff to transport the	2274
accused to a program or facility operated or certified by the	2275
department of mental health, where the accused may be held for	2276
evaluation for a reasonable period of time not to exceed twenty	2277
days, and to return the accused to the place of detention after	2278
the evaluation.	2279

(E) If a court orders the evaluation to determine an	2280
accused's mental condition at the time of the offense charged, the	2281
court shall inform the examiner of the offense with which the	2282
accused is charged.	2283

(F) In conducting an evaluation of an accused's mental	2284
condition at the time of the offense charged, the examiner shall	2285
consider all relevant evidence. If the offense charged involves	2286
the use of force against another person, the relevant evidence to	2287
be considered includes, but is not limited to, any evidence that	2288
the accused suffered at the time of the commission of the offense	2289
from the "battered woman syndrome."	2290

(G) The examiner shall file a written report with the court	2291
within thirty days after entry of a court order for evaluation,	2292
and the court shall provide copies of the report to the trial	2293
counsel and defense counsel. The report shall include all of the	2294
following:	2295

(1) The examiner's findings;

2296

(2) The facts in reasonable detail on which the findings are	2297
based;	2298

(3) If the evaluation was ordered to determine the accused's	2299
competence to stand trial, all of the following findings or	2300
recommendations that are applicable:	2301

(a) Whether the accused is capable of understanding the	2302
nature and objective of the proceedings against the accused or of	2303
assisting in the accused's defense;	2304

(b) If the examiner's opinion is that the accused is	2305
incapable of understanding the nature and objective of the	2306
proceedings against the accused or of assisting in the accused's	2307
defense, whether the accused presently is mentally ill;	2308

(c) If the examiner's opinion is that the accused is	2309
incapable of understanding the nature and objective of the	2310
proceedings against the accused or of assisting in the accused's	2311
defense, the examiner's opinion as to the likelihood of the	2312
accused becoming capable of understanding the nature and objective	2313
of the proceedings against the accused and of assisting in the	2314
accused's defense within one year if the accused is provided with	2315
a course of treatment;	2316

(d) If the examiner's opinion is that the accused is	2317
incapable of understanding the nature and objective of the	2318
proceedings against the accused or of assisting in the accused's	2319
defense and that the accused presently is mentally ill, the	2320
examiner's recommendation as to the least restrictive placement or	2321
commitment alternative, consistent with the accused's treatment	2322
needs for restoration to competency and with the safety of the	2323
community;	2324

(e) If the accused is charged before a special or summary	2325
court-martial with an offense that is not a violation of section	2326
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2327
examiner's opinion is that the accused is incapable of	2328
understanding the nature and objective of the proceedings against	2329
the accused or of assisting in the accused's defense and that the	2330
accused is presently mentally ill, the examiner's recommendation	2331
as to whether the accused is amenable to engagement in mental	2332
health treatment.	2333

(4) If the evaluation was ordered to determine the accused's	2334
mental condition at the time of the offense charged, the	2335
examiner's findings as to whether the accused at the time of the	2336
offense charged did not know, as a result of a severe mental	2337
disease or defect, the wrongfulness of the accused's acts charged.	2338

(H) An examiner appointed under divisions (A) and (B) of this	2339
section to evaluate an accused to determine the accused's	2340
competence to stand trial also may be appointed to evaluate an	2341
accused who has entered a plea of not guilty by reason of	2342
insanity, but an examiner of that nature shall prepare separate	2343
reports on the issue of competence to stand trial and the defense	2344
of not guilty by reason of insanity.	2345

(I) No statement that an accused makes in an evaluation or	2346
hearing under divisions (A) to (H) of this section relating to the	2347
accused's competence to stand trial or to the accused's mental	2348
condition at the time of the offense charged may be used against	2349
the accused on the issue of guilt in any criminal action or	2350
proceeding, but, in a criminal action or proceeding, the trial	2351
counsel or defense counsel may call as a witness any person who	2352
evaluated the accused or prepared a report pursuant to a referral	2353
under this section. Neither the appointment nor the testimony of	2354
an examiner appointed under this section precludes the trial	2355
counsel or defense counsel from calling other witnesses or	2356
presenting other evidence on competency or insanity issues.	2357

(J) Persons appointed as examiners under divisions (A) and	2358
(B) of this section or under division (H) of this section shall be	2359
paid a reasonable amount for their services and expenses, as	2360
certified by the court.	2361

Sec. 5924.503. (A) If the issue of an accused's competence	2362
to stand trial is raised and if the court, upon conducting the	2363
hearing provided for in section 5924.502 of the Revised Code,	2364
finds that the accused is competent to stand trial, the accused	2365
shall be proceeded against as provided by law. If the court finds	2366
the accused competent to stand trial and the accused is receiving	2367
psychotropic drugs or other medication, the court may authorize	2368
the continued administration of the drugs or medication or other	2369
appropriate treatment in order to maintain the accused's	2370
competence to stand trial unless the accused's attending physician	2371
advises the court against continuation of the drugs, other	2372
medication, or treatment.	2373

(B)(1)(a) If, after taking into consideration all relevant	2374
reports, information, and other evidence, the court finds that the	2375
accused is incompetent to stand trial and that there is a	2376
substantial probability that the accused will become competent to	2377
stand trial within one year if the accused is provided with a	2378
course of treatment, the court shall order the accused to undergo	2379
treatment. If the accused is being tried by a general	2380
court-martial and if, after taking into consideration all relevant	2381
reports, information, and other evidence, the court finds that the	2382
accused is incompetent to stand trial, but the court is unable at	2383
that time to determine whether there is a substantial probability	2384
that the accused will become competent to stand trial within one	2385
year if the accused is provided with a course of treatment, the	2386
court shall order continuing evaluation and treatment of the	2387
accused for a period not to exceed four months to determine	2388
whether there is a substantial probability that the accused will	2389
become competent to stand trial within one year if the accused is	2390
provided with a course of treatment.	2391

(b) The court order for the accused to undergo treatment or	2392
continuing evaluation and treatment under division (B)(1)(a) of	2393
this section shall specify that the accused, if determined to	2394
require mental health treatment or continuing evaluation and	2395
treatment, shall be committed to the department of mental health	2396
for treatment or continuing evaluation and treatment at a	2397
hospital, facility, or agency determined to be clinically	2398
appropriate by the department of mental health. The order may	2399
restrict the accused's freedom of movement as the court considers	2400
necessary. The trial counsel in the accused's case shall send to	2401
the chief clinical officer of the hospital, facility, or agency	2402
where the accused is placed by the department of mental health or	2403
to the managing officer of the institution, the director of the	2404
facility, or the person to which the accused is committed copies	2405
of relevant investigative reports and other background information	2406
that pertains to the accused and is available to the trial counsel	2407
unless the trial counsel determines that the release of any of the	2408
information in the investigative reports or any of the other	2409
background information to unauthorized persons would interfere	2410
with the effective prosecution of any person or would create a	2411
substantial risk of harm to any person.	2412

In committing the accused to the department of mental health,	2413
the court shall consider the extent to which the person is a	2414
danger to the person and to others, the need for security, and the	2415
type of crime involved and, if the court finds that restrictions	2416
on the accused's freedom of movement are necessary, shall specify	2417
the least restrictive limitations on the person's freedom of	2418
movement determined to be necessary to protect public safety. In	2419
weighing these factors, the court shall give preference to	2420
protecting public safety.	2421

(c) If the accused is found incompetent to stand trial, if	2422
the chief clinical officer of the hospital, facility, or agency	2423
where the accused is placed, or the managing officer of the	2424
institution, the director of the facility, or the person to which	2425
the accused is committed for treatment or continuing evaluation	2426
and treatment under division (B)(1)(b) of this section determines	2427
that medication is necessary to restore the accused's competency	2428
to stand trial, and if the accused lacks the capacity to give	2429
informed consent or refuses medication, the chief clinical officer	2430
of the hospital, facility, or agency where the accused is placed	2431
or the managing officer of the institution, the director of the	2432
facility, or the person to which the accused is committed for	2433
treatment or continuing evaluation and treatment may petition the	2434
court for authorization for the involuntary administration of	2435
medication. The court shall hold a hearing on the petition within	2436
five days of the filing of the petition. Following the hearing,	2437
the court may authorize the involuntary administration of	2438
medication or may dismiss the petition.	2439

(d) If the accused is charged before a special or summary	2440
court-martial with an offense that is not a violation of section	2441
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2442
counsel may hold the charges in abeyance while the accused engages	2443
in mental health treatment.	2444

(2) If the court finds that the accused is incompetent to	2445
stand trial and that, even if the accused is provided with a	2446
course of treatment, there is not a substantial probability that	2447
the accused will become competent to stand trial within one year,	2448
the court shall order the discharge of the accused, unless upon	2449
motion of the trial counsel or on its own motion, the court either	2450
seeks to retain jurisdiction over the accused pursuant to division	2451
(A)(2) of section 5924.504 of the Revised Code or files an	2452
affidavit in the probate court for the civil commitment of the	2453
accused pursuant to Chapter 5122. of the Revised Code alleging	2454
that the accused is a mentally ill person subject to	2455
hospitalization by court order. If an affidavit is filed in the	2456
probate court, the trial court shall send to the probate court	2457
copies of all written reports of the accused's mental condition	2458
that were prepared pursuant to section 5924.502 of the Revised	2459
Code.	2460

The trial court may issue the temporary order of detention	2461
that a probate court may issue under section 5122.11 of the	2462
Revised Code, to remain in effect until the probable cause or	2463
initial hearing in the probate court. Further proceedings in the	2464
probate court are civil proceedings governed by Chapter 5122. of	2465
the Revised Code.	2466

(C) No accused shall be required to undergo treatment,	2467
including any continuing evaluation and treatment, under division	2468
(B)(1) of this section for longer than whichever of the following	2469
periods is applicable:	2470

(1) One year, if the accused is being tried by a general	2471
court-martial;	2472

(2) Six months, if the accused is being tried before a	2473
special court-martial;	2474

(3) Sixty days, if the accused is being tried before a	2475
summary court-martial.	2476

(D) Any accused who is committed pursuant to this section	2477
shall not voluntarily admit the accused or be voluntarily admitted	2478
to a hospital or institution pursuant to section 5122.02 or	2479
5122.15 of the Revised Code.	2480

(E) Except as otherwise provided in this division, an accused	2481
who is charged with an offense and is committed by the court under	2482
this section to the department of mental health with restrictions	2483
on the accused's freedom of movement shall not be granted	2484
unsupervised on-grounds movement, supervised off-grounds movement,	2485
or nonsecured status except in accordance with the court order.	2486
The court may grant an accused supervised off-grounds movement to	2487
obtain medical treatment or specialized habilitation treatment	2488
services if the person who supervises the treatment or the	2489
continuing evaluation and treatment of the accused ordered under	2490
division (B)(1)(a) of this section informs the court that the	2491
treatment or continuing evaluation and treatment cannot be	2492
provided at the hospital or facility where the accused is placed	2493
by the department of mental health. The chief clinical officer of	2494
the hospital or facility where the accused is placed by the	2495
department of mental health or the managing officer of the	2496
institution or director of the facility to which the accused is	2497
committed or a designee of any of those persons may grant an	2498
accused movement to a medical facility for an emergency medical	2499
situation with appropriate supervision to ensure the safety of the	2500
accused, staff, and community during that emergency medical	2501
situation. The chief clinical officer of the hospital or facility	2502
where the accused is placed by the department of mental health or	2503
the managing officer of the institution or director of the	2504
facility to which the accused is committed shall notify the court	2505
within twenty-four hours of the accused's movement to the medical	2506
facility for an emergency medical situation under this division.	2507

(F) The person who supervises the treatment or continuing	2508
evaluation and treatment of an accused ordered to undergo	2509
treatment or continuing evaluation and treatment under division	2510
(B)(1)(a) of this section shall file a written report with the	2511
court at the following times:	2512

(1) Whenever the person believes the accused is capable of	2513
understanding the nature and objective of the proceedings against	2514
the accused and of assisting in the accused's defense;	2515

(2) Fourteen days before expiration of the maximum time for	2516
treatment as specified in division (C) of this section and	2517
fourteen days before the expiration of the maximum time for	2518
continuing evaluation and treatment as specified in division	2519
(B)(1)(a) of this section;	2520

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

2521

(4) Whenever the person who supervises the treatment or	2522
continuing evaluation and treatment of an accused ordered under	2523
division (B)(1)(a) of this section believes that there is not a	2524
substantial probability that the accused will become capable of	2525
understanding the nature and objective of the proceedings against	2526
the accused or of assisting in the accused's defense even if the	2527
accused is provided with a course of treatment.	2528

(G) A report under division (F) of this section shall contain	2529
the examiner's findings, the facts in reasonable detail on which	2530
the findings are based, and the examiner's opinion as to the	2531
accused's capability of understanding the nature and objective of	2532
the proceedings against the accused and of assisting in the	2533
accused's defense. If, in the examiner's opinion, the accused	2534
remains incapable of understanding the nature and objective of the	2535
proceedings against the accused and of assisting in the accused's	2536
defense and there is a substantial probability that the accused	2537
will become capable of understanding the nature and objective of	2538
the proceedings against the accused and of assisting in the	2539
accused's defense if the accused is provided with a course of	2540
treatment, if in the examiner's opinion the accused remains	2541
mentally ill, and if the maximum time for treatment as specified	2542
in division (C) of this section has not expired, the report also	2543
shall contain the examiner's recommendation as to the least	2544
restrictive placement or commitment alternative that is consistent	2545
with the accused's treatment needs for restoration to competency	2546
and with the safety of the community. The court shall provide	2547
copies of the report to the trial counsel and defense counsel.	2548

(H) If an accused is committed pursuant to division (B)(1) of	2549
this section, within ten days after the treating physician of the	2550
accused or the examiner of the accused who is employed or retained	2551
by the treating facility advises that there is not a substantial	2552
probability that the accused will become capable of understanding	2553
the nature and objective of the proceedings against the accused or	2554
of assisting in the accused's defense even if the accused is	2555
provided with a course of treatment, within ten days after the	2556
expiration of the maximum time for treatment as specified in	2557
division (C) of this section, within ten days after the expiration	2558
of the maximum time for continuing evaluation and treatment as	2559
specified in division (B)(1)(a) of this section, within thirty	2560
days after an accused's request for a hearing that is made after	2561
six months of treatment, or within thirty days after being advised	2562
by the treating physician or examiner that the accused is	2563
competent to stand trial, whichever is the earliest, the court	2564
shall conduct another hearing to determine if the accused is	2565
competent to stand trial and shall do whichever of the following	2566
is applicable:	2567

(1) If the court finds that the accused is competent to stand	2568
trial, the accused shall be proceeded against as provided by law.	2569

(2) If the court finds that the accused is incompetent to	2570
stand trial, but that there is a substantial probability that the	2571
accused will become competent to stand trial if the accused is	2572
provided with a course of treatment, and the maximum time for	2573
treatment as specified in division (C) of this section has not	2574
expired, the court, after consideration of the examiner's	2575
recommendation, shall order that treatment be continued, may	2576
change least restrictive limitations on the accused's freedom of	2577
movement.	2578

(3) If the court finds that the accused is incompetent to	2579
stand trial, if the accused is being tried by a general	2580
court-martial, and if the court finds that there is not a	2581
substantial probability that the accused will become competent to	2582
stand trial even if the accused is provided with a course of	2583
treatment, or if the maximum time for treatment as specified in	2584
division (C) of this section has expired, further proceedings	2585
shall be as provided in sections 5924.504 to 5924.506 of the	2586
Revised Code.	2587

(4) If the court finds that the accused is incompetent to	2588
stand trial, if the accused is being tried before a special	2589
court-martial, and if the court finds that there is not a	2590
substantial probability that the accused will become competent to	2591
stand trial even if the accused is provided with a course of	2592
treatment, or if the maximum time for treatment as specified in	2593
division (C) of this section has expired, the court shall dismiss	2594
the charge against the accused. A dismissal under this division is	2595
not a bar to further prosecution based on the same conduct. The	2596
court shall discharge the accused unless the court or trial	2597
counsel files an affidavit in probate court for civil commitment	2598
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	2599
civil commitment is filed, the court may detain the accused for	2600
ten days pending civil commitment. All of the following provisions	2601
apply to persons being tried by a special court-martial who are	2602
committed by the probate court subsequent to the court's or trial	2603
counsel's filing of an affidavit for civil commitment under	2604
authority of this division:	2605

(a) The chief clinical officer of the entity, hospital, or	2606
facility, the managing officer of the institution, or the person	2607
to which the accused is committed or admitted shall do all of the	2608
following:	2609

(i) Notify the trial counsel in writing of the discharge of	2610
the accused, send the notice at least ten days prior to the	2611
discharge unless the discharge is by the probate court and state	2612
in the notice the date on which the accused will be discharged;	2613

(ii) Notify the trial counsel in writing when the accused is	2614
absent without leave or is granted unsupervised, off-grounds	2615
movement and send this notice promptly after the discovery of the	2616
absence without leave or prior to the granting of the	2617
unsupervised, off-grounds movement, whichever is applicable;	2618

(iii) Notify the trial counsel in writing of the change of	2619
the accused's commitment or admission to voluntary status, send	2620
the notice promptly upon learning of the change to voluntary	2621
status, and state in the notice the date on which the accused was	2622
committed or admitted on a voluntary status.	2623

(b) The trial counsel shall promptly inform the convening	2624
authority of any notification received under division (H)(4)(a) of	2625
this section. Upon receiving notice that the accused will be	2626
granted unsupervised, off-grounds movement, the convening	2627
authority either shall refer the charges against the accused to an	2628
investigating officer again or promptly notify the court that the	2629
convening authority does not intend to refer the charges against	2630
the accused again.	2631

(I) If an accused is convicted of a crime and sentenced to	2632
confinement, the accused's sentence shall be reduced by the total	2633
number of days the accused is confined for evaluation to determine	2634
the accused's competence to stand trial or treatment under this	2635
section and sections 5924.502 and 5924.504 of the Revised Code or	2636
by the total number of days the accused is confined for evaluation	2637
to determine the accused's mental condition at the time of the	2638
offense charged.	2639

Sec. 5924.504. (A) If an accused being tried by a general	2640
court-martial is found incompetent to stand trial, after the	2641
expiration of the maximum time for treatment as specified in	2642
division (C) of section 5924.503 of the Revised Code or after the	2643
court finds that there is not a substantial probability that the	2644
accused will become competent to stand trial even if the accused	2645
is provided with a course of treatment, one of the following	2646
applies:	2647

(1) The court or the trial counsel may file an affidavit in	2648
probate court for civil commitment of the accused in the manner	2649
provided in Chapter 5122. of the Revised Code. If the court or	2650
trial counsel files an affidavit for civil commitment, the court	2651
may detain the accused for ten days pending civil commitment. If	2652
the probate court commits the accused subsequent to the court's or	2653
trial counsel's filing of an affidavit for civil commitment, the	2654
chief clinical officer of the entity, hospital, or facility, the	2655
managing officer of the institution, or the person to which the	2656
accused is committed or admitted shall send to the trial counsel	2657
the notices described in divisions (H)(4)(a)(i) to (iii) of	2658
section 5924.503 of the Revised Code within the periods of time	2659
and under the circumstances specified in those divisions.	2660

(2) On the motion of the trial counsel or on its own motion,	2661
the court may retain jurisdiction over the accused if at a hearing	2662
the court finds both of the following by clear and convincing	2663
evidence:	2664

(a) The accused committed the offense with which the accused	2665
is charged.	2666

(b) The accused is a mentally ill person subject to	2667
hospitalization by court order.	2668

(B) In making its determination under division (A)(2) of this	2669
section as to whether to retain jurisdiction over the accused, the	2670
court may consider all relevant evidence, including, but not	2671
limited to, any relevant psychiatric, psychological, or medical	2672
testimony or reports, the acts constituting the offense charged,	2673
and any history of the accused that is relevant to the accused's	2674
ability to conform to the law.	2675

(C) If the court conducts a hearing as described in division	2676
(A)(2) of this section and if the court does not make both	2677
findings described in divisions (A)(2)(a) and (b) of this section	2678
by clear and convincing evidence, the court shall dismiss the	2679
charges against the accused. Upon the dismissal, the court shall	2680
discharge the accused unless the court or trial counsel files an	2681
affidavit in probate court for civil commitment of the accused	2682
pursuant to Chapter 5122. of the Revised Code. If the court or	2683
trial counsel files an affidavit for civil commitment, the court	2684
may order that the accused be detained for up to ten days pending	2685
the civil commitment. If the probate court commits the accused	2686
subsequent to the court's or trial counsel's filing of an	2687
affidavit for civil commitment, the chief clinical officer of the	2688
entity, hospital, or facility, the managing officer of the	2689
institution, or the person to which the accused is committed or	2690
admitted shall send to the trial counsel the notices described in	2691
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	2692
Code within the periods of time and under the circumstances	2693
specified in those divisions. A dismissal of charges under this	2694
division is not a bar to further criminal proceedings based on the	2695
same conduct.	2696

(D)(1) If the court conducts a hearing as described in	2697
division (A)(2) of this section and if the court makes the	2698
findings described in divisions (A)(2)(a) and (b) of this section	2699
by clear and convincing evidence, the court shall commit the	2700
accused, if determined to require mental health treatment, to the	2701
department of mental health for treatment at a hospital, facility,	2702
or agency as determined clinically appropriate by the department	2703
of mental health. In committing the accused to the department of	2704
mental health, the court shall specify the least restrictive	2705
limitations on the accused's freedom of movement determined to be	2706
necessary to protect public safety.	2707

(2) If a court makes a commitment of an accused under	2708
division (D)(1) of this section, the trial counsel shall send to	2709
the hospital, facility, or agency where the accused is placed by	2710
the department of mental health or to the accused's place of	2711
commitment all reports of the accused's current mental condition	2712
and, except as otherwise provided in this division, any other	2713
relevant information, including, but not limited to, a transcript	2714
of the hearing held pursuant to division (A)(2) of this section,	2715
copies of relevant investigative reports, and copies of any prior	2716
arrest and conviction records that pertain to the accused and that	2717
the trial counsel possesses. The trial counsel shall send the	2718
reports of the accused's current mental condition in every case of	2719
commitment, and, unless the trial counsel determines that the	2720
release of any of the other relevant information to unauthorized	2721
persons would interfere with the effective prosecution of any	2722
person or would create a substantial risk of harm to any person,	2723
the trial counsel also shall send the other relevant information.	2724

(3) If a court makes a commitment under division (D)(1) of	2725
this section, all further proceedings shall be in accordance with	2726
Chapter 5122. of the Revised Code.	2727

Sec. 5924.505. For purposes of sections 5924.502 and	2728
5924.506 of the Revised Code, a person is "not guilty by reason of	2729
insanity" relative to a charge of an offense only as described in	2730
division (A)(14) of section 2901.01 of the Revised Code. Proof	2731
that a person's reason, at the time of the commission of an	2732
offense, was so impaired that the person did not have the ability	2733
to refrain from doing the person's act or acts, does not	2734
constitute a defense.	2735

Sec. 5924.506. (A) If an accused person is found not guilty	2736
by reason of insanity, the verdict shall state that finding, and	2737
the trial court shall conduct a full hearing to determine whether	2738
the person is a mentally ill person subject to hospitalization by	2739
court order. Prior to the hearing, if the military judge believes	2740
that there is probable cause that the person found not guilty by	2741
reason of insanity is a mentally ill person subject to	2742
hospitalization by court order, the military judge may issue a	2743
temporary order of detention for that person to remain in effect	2744
for ten court days or until the hearing, whichever occurs first.	2745

Any person detained pursuant to a temporary order of	2746
detention issued under this division shall be held in a suitable	2747
facility, taking into consideration the place and type of	2748
confinement prior to and during trial.	2749

(B) The court shall hold the hearing under division (A) of	2750
this section to determine whether the person found not guilty by	2751
reason of insanity is a mentally ill person subject to	2752
hospitalization by court order within ten court days after the	2753
finding of not guilty by reason of insanity. Failure to conduct	2754
the hearing within the ten-day period shall cause the immediate	2755
discharge of the respondent, unless the judge grants a continuance	2756
for not longer than ten court days for good cause shown or for any	2757
period of time upon motion of the respondent.	2758

(C) If a person is found not guilty by reason of insanity,	2759
the person has the right to attend a hearing conducted pursuant to	2760
this section. At the hearing, the court shall inform the person	2761
that the person has all of the following rights:	2762

(1) The right to be represented by defense counsel or to	2763
retain civilian counsel, if the person so chooses;	2764

(2) The right to have independent expert evaluation;

2765

(3) The right to subpoena witnesses and documents, to present	2766
evidence on the person's behalf, and to cross-examine witnesses	2767
against the person;	2768

(4) The right to testify in the person's own behalf and to	2769
not be compelled to testify;	2770

(5) The right to have copies of any relevant medical or	2771
mental health document in the custody of the state or of any place	2772
of commitment other than a document for which the court finds that	2773
the release to the person of information contained in the document	2774
would create a substantial risk of harm to any person.	2775

(D) The hearing under division (A) of this section shall be	2776
open to the public, and the court shall conduct the hearing in	2777
accordance with regulations prescribed by the adjutant general.	2778
The court shall make and maintain a full transcript and record of	2779
the hearing proceedings. The court may consider all relevant	2780
evidence, including, but not limited to, any relevant psychiatric,	2781
psychological, or medical testimony or reports, the acts	2782
constituting the offense in relation to which the person was found	2783
not guilty by reason of insanity, and any history of the person	2784
that is relevant to the person's ability to conform to the law.	2785

(E) Upon completion of the hearing under division (A) of this	2786
section, if the court finds there is not clear and convincing	2787
evidence that the person is a mentally ill person subject to	2788
hospitalization by court order, the court shall discharge the	2789
person, unless a detainer has been placed upon the person by the	2790
department of rehabilitation and correction, in which case the	2791
person shall be returned to that department.	2792

(F) If, at the hearing under division (A) of this section,	2793
the court finds by clear and convincing evidence that the person	2794
is a mentally ill person subject to hospitalization by court	2795
order, it shall commit the person to the department of mental	2796
health for placement in a hospital, facility, or agency as	2797
determined clinically appropriate by the department of mental	2798
health. Further proceedings shall be in accordance with Chapter	2799
5122. or 5123. of the Revised Code. In committing the accused to	2800
the department of mental health, the court shall specify the least	2801
restrictive limitations on the accused's freedom of movement	2802
determined to be necessary to protect public safety.	2803

(G) If a court makes a commitment of a person under division	2804
(F) of this section, the trial counsel shall send to the hospital,	2805
facility, or agency where the defendant is placed by the	2806
department of mental health or to the accused's place of	2807
commitment all reports of the person's current mental condition,	2808
and, except as otherwise provided in this division, any other	2809
relevant information, including, but not limited to, a transcript	2810
of the hearing held pursuant to division (A) of this section,	2811
copies of relevant investigative reports, and copies of any prior	2812
arrest and conviction records that pertain to the person and that	2813
the trial counsel possesses. The trial counsel shall send the	2814
reports of the person's current mental condition in every case of	2815
commitment, and, unless the trial counsel determines that the	2816
release of any of the other relevant information to unauthorized	2817
persons would interfere with the effective prosecution of any	2818
person or would create a substantial risk of harm to any person,	2819
the trial counsel also shall send the other relevant information.	2820

(H) A person who is committed pursuant to this section shall	2821
not voluntarily admit the person or be voluntarily admitted to a	2822
hospital or institution pursuant to sections 5122.02 and 5122.15	2823
of the Revised Code.	2824

Sec. 5924.51. (A) Voting by members of a general or special	2825
court-martial on the findings and on the sentence, and by members	2826
of a court-martial without a military judge upon questions of	2827
challenge, shall be by secret written ballot. The junior member of	2828
the court shall in each case count the votes. The count shall be	2829
checked by the president, who shall forthwith announce the result	2830
of the ballot to the members of the court.	2831

(B) The military judge and, except for questions of	2832
challenge, the president of a court-martial without a military	2833
judge shall rule upon all questions of law and all interlocutory	2834
questions arising during the proceedings. Any such ruling made by	2835
the military judge upon any question of law or any interlocutory	2836
question other than the factual issue of mental responsibility of	2837
the accused, or by the president of a special court-martial,	2838
without a military judge upon any question of law other than a	2839
motion for a finding of not guilty, is final and constitutes the	2840
ruling of the court. However, the military judge or the president	2841
of a court-martial without a military judge may change the ruling	2842
at any time during the trial. Unless the ruling is final, if any	2843
member objects thereto, the court shall be cleared and closed and	2844
the question decided by a voice vote as provided in section	2845
5924.52 of the Revised Code, beginning with the junior in rank.	2846

(C) Before a vote is taken on the findings, the military	2847
judge or the president of a court-martial without a military judge	2848
shall, in the presence of the accused and counsel, instruct the	2849
members of the court as to the elements of the offense and charge	2850
~~the court~~them:	2851

(1) That the accused must be presumed to be innocent until	2852
~~his~~ guilt is established by legal and competent evidence beyond	2853
reasonable doubt;	2854

(2) That in the case being considered, if there is a	2855
reasonable doubt as to the guilt of the accused, the doubt must be	2856
resolved in favor of the accused, and hethe accused must be	2857
acquitted;	2858

(3) That, if there is a reasonable doubt as to the degree of	2859
guilt, the finding must be in a lower degree as to which there is	2860
no reasonable doubt; and	2861

(4) That the burden of proof to establish the guilt of the	2862
accused beyond reasonable doubt is upon the state.	2863

(D) Divisions (A), (B), and (C) of this section do not apply	2864
to a court-martial composed of a military judge only. The military	2865
judge of such a court-martial shall determine all questions of law	2866
and fact arising during the proceedings and, if the accused is	2867
convicted, adjudge an appropriate sentence. The military judge of	2868
such a court-martial shall make a general finding and shall in	2869
addition on request ~~find the facts specially~~make specific	2870
findings of fact. If an opinion or memorandum of decision is	2871
filed, it will be sufficient if the findings of fact appear	2872
therein.	2873

Sec. 5924.52. (A)~~(1) No person may be convicted of an~~	2874
~~offense for which the death penalty is made mandatory by law,~~	2875
~~except by the concurrence of all members of the court-martial~~	2876
~~present at the time the vote is taken.~~	2877

~~(2)~~ No person may be convicted of any ~~other~~ offense, except	2878
~~as provided in division (B) of section 5924.45 of the Revised Code~~	2879
or by the concurrence of two-thirds of the members of the	2880
court-martial present at the time the vote is taken.	2881

(B)~~(1) No person may be sentenced to suffer death, except by~~	2882
~~the concurrence of all members of the court-martial present at the~~	2883
~~time the vote is taken and for an offense in this chapter~~	2884
~~expressly made punishable by death.~~	2885

~~(2) No person may be sentenced to life imprisonment or to~~	2886
~~confinement for more than ten years, except by the concurrence of~~	2887
~~three-fourths of the members present at the time the vote is~~	2888
~~taken.~~	2889

~~(3) All other sentences shall be determined by the~~	2890
~~concurrence of two-thirds of the members present at the time the~~	2891
~~vote is taken.~~	2892

~~(C)~~ All other questions to be decided by the members of a	2893
general or special court-martial shall be determined by a majority	2894
vote, but a determination to reconsider a finding of guilty or to	2895
reconsider a sentence, to decrease or lessen it, may be made by	2896
any lesser vote ~~which~~that indicates that the reconsideration is	2897
not opposed by the number of votes required for that finding or	2898
sentence. A tie vote on a challenge disqualifies the member	2899
challenged. A tie vote on a motion for a finding of not guilty or	2900
on a motion relating to the question of the accused's sanity is a	2901
determination against the accused. A tie vote on any other	2902
question is a determination in favor of the accused.	2903

Sec. 5924.54. (A) Each general court-martial shall keep a	2904
separate record of the proceedings in each case brought before it,	2905
and the record shall be authenticated by the signature of the	2906
military judge. If the record cannot be authenticated by the	2907
military judge by reason of ~~his~~ death, disability, or absence, it	2908
shall be authenticated by the signature of the trial counsel or by	2909
that of a member if the trial counsel is unable to authenticate it	2910
by reason of ~~his~~ death, disability, or absence. In a court-martial	2911
consisting of only a military judge, the record shall be	2912
authenticated by the court reporter under the same conditions	2913
~~which~~that would impose such a duty on a member under this	2914
division ~~if the proceedings have resulted in an acquittal of all~~	2915
~~charges and specifications or, if not affecting a general or flag~~	2916
~~officer, in a sentence not including discharge and not in excess~~	2917
~~of that which may otherwise be adjudged by a special~~	2918
~~court-martial. The record shall contain matters as may be~~	2919
~~prescribed by regulations of the governor~~.	2920

(B) Each special and summary court-martial shall keep a	2921
separate record of the proceedings in each case, ~~which~~and the	2922
record shall ~~contain such matter and~~ be authenticated in ~~such~~the	2923
manner ~~as may be~~ required by regulations ~~which the governor may~~	2924
~~prescribe~~prescribed by the adjutant general.	2925

(C)(1) A complete record of the proceedings and testimony	2926
shall be prepared in the following cases:	2927

(a) Each case tried before a general court-martial in which	2928
the sentence adjudged includes a dismissal, a discharge, or any	2929
punishment that exceeds the punishment that may otherwise be	2930
adjudged by a special court-martial;	2931

(b) Each case tried before a special court-martial in which	2932
the sentence adjudged includes a bad-conduct discharge,	2933
confinement for more than six months, or forfeiture of pay for	2934
more than six months.	2935

(2) In all other cases tried before a court-martial, the	2936
record shall contain any matters that are required by regulations	2937
of the adjutant general. A copy of the record of the proceedings	2938
of each general and special court-martial shall be given to the	2939
accused as soon as it is authenticated. ~~If a verbatim record of~~	2940
~~trial by general or special court-martial is not required under~~	2941
~~divisions (A) and (B) of this section, the accused may buy such a~~	2942
~~record under such regulations as the governor may prescribe.~~	2943

Sec. 5924.56. The punishment ~~which~~that a court-martial may	2944
direct for an offense may not exceed limits prescribed by ~~this~~	2945
~~code or such lesser limits as~~ the ~~governor may prescribe~~adjutant	2946
general for the offense.	2947

Sec. 5924.57. (A) ~~Whenever a sentence of a court-martial as~~	2948
~~lawfully adjudged and approved includes a forfeitures~~(1) A	2949
forfeiture of pay or allowances ~~in addition to confinement not~~	2950
~~suspended or deferred, the forfeiture may apply to pay or~~	2951
~~allowances becoming due on or after the date the sentence is~~	2952
~~approved by the convening authority. No forfeiture may extend to~~	2953
~~any pay or allowances accrued before that date~~or reduction in	2954
grade that is included in a sentence of a court-martial takes	2955
effect on the earlier of the date that is fourteen days after the	2956
date on which the sentence is adjudged or the date on which the	2957
sentence is approved by the convening authority.	2958

(2) On application of an accused, the convening authority may	2959
defer a forfeiture of pay or allowances or reduction in grade that	2960
would otherwise become effective on the date that is fourteen days	2961
after the date on which the sentence is adjudged until the date on	2962
which the sentence is approved by the convening authority. The	2963
convening authority may at any time rescind a deferment granted	2964
under this division.	2965

(3) A forfeiture of pay or allowances applies to pay or	2966
allowances accruing on and after the date on which the sentence	2967
takes effect.	2968

(B) Any period of confinement included in a sentence of a	2969
court-martial begins to run from the date the sentence is adjudged	2970
by the court-martial, but periods during which the sentence to	2971
confinement is suspended or deferred shall be excluded in	2972
computing the service of the term of confinement. ~~Regulations~~	2973
~~prescribed by the governor may provide that sentences of~~	2974
~~confinement may not be executed until approved by designated~~	2975
~~officers.~~	2976

(C) All other sentences of courts-martial are effective on	2977
the date ordered executed.	2978

(D)(1) On application by an accused who is under sentence to	2979
confinement that has not been ordered executed, the convening	2980
authority or, if the accused is no longer under ~~his~~the convening	2981
authority's jurisdiction, the ~~governor,~~officer exercising general	2982
court-martial jurisdiction over the command to which the accused	2983
is currently assigned may in ~~his~~the officer's sole discretion	2984
defer service of the sentence to confinement. The deferment shall	2985
terminate when the sentence is ordered executed. The deferment may	2986
be rescinded at any time by the officer who granted it or, if the	2987
accused is no longer under ~~his~~the officer's jurisdiction, by the	2988
~~governor~~officer exercising general court-martial jurisdiction	2989
over the command to which the accused is currently assigned.	2990

(2) In any case in which a court-martial sentences a person	2991
described in division (D)(3) of this section to confinement, the	2992
convening authority may defer the service of the sentence to	2993
confinement, without the consent of that person, until after the	2994
person has been permanently released to the armed forces by a	2995
state or foreign country referred to in that division.	2996

(3) Division (D)(2) of this section applies to a person	2997
subject to this chapter who, while in the custody of a state or	2998
foreign country, is temporarily returned by that state or foreign	2999
country to the armed forces for trial by court-martial and after	3000
the court-martial is returned to that state or foreign country	3001
under the authority of a mutual agreement or treaty.	3002

(4) As used in division (D)(3) of this section, "state"	3003
includes the District of Columbia and any state, commonwealth,	3004
territory, or possession of the United States having a national	3005
guard.	3006

(E) In any case in which a sentence to confinement has been	3007
ordered executed but in which review of the case under section	3008
5924.64 of the Revised Code is pending, the adjutant general may	3009
defer further service of the sentence while the review is pending.	3010

Sec. 5924.58. (A) ASubject to regulations prescribed by the	3011
adjutant general, a sentence of confinement adjudged by a	3012
court-martial or other military ~~court~~tribunal, whether or not the	3013
sentence includes discharge or dismissal, and whether or not the	3014
discharge or dismissal has been executed, may be carried into	3015
execution by confinement in any ~~place of confinement under the~~	3016
~~control of any of the forces of the organized militia or in any~~	3017
~~jail or prison designated for that purpose~~jail or correctional	3018
facility in this state. Persons so confined ~~in a jail or prison~~	3019
are subject to the same discipline and treatment as persons	3020
confined or committed to the jail or ~~prison~~correctional facility	3021
by the courts of the state or of any political subdivision	3022
~~thereof~~of the state.	3023

(B) ~~The omission of the words "hard labor" from any sentence~~	3024
~~or punishment of a court-martial adjudging confinement does not~~	3025
~~deprive the authority executing that sentence or punishment of the~~	3026
~~power to require hard labor as a part of the punishment.~~	3027

~~(C) The keepers, officers, and wardens of city or county~~	3028
~~jails and of other jails or prisons designated by the governor, or~~	3029
~~by such person as he may authorize to act under section 5924.11 of~~	3030
~~the Revised Code and of this code, shall receive persons ordered~~	3031
~~into confinement before trial and persons committed to confinement~~	3032
~~by a military court and shall confine them according to law.~~ No	3033
~~such keeper, officer, or warden may require~~ payment of any ~~fee or~~	3034
~~charge~~kind may be required for so ~~receiving or confining a person~~	3035
housing a prisoner under this code.	3036

Sec. 5924.581. (A) Except as otherwise provided in	3037
regulations made by the adjutant general, a court-martial sentence	3038
of an enlisted member in a pay grade above E-1 that includes a	3039
dishonorable or bad-conduct discharge, confinement, or hard labor	3040
without confinement reduces the member to pay grade E-1, effective	3041
on the date the convening authority approves the sentence.	3042

(B) If the sentence of a member who is reduced in pay grade	3043
under division (A) of this section is set aside or disapproved, or	3044
as finally approved does not include a dishonorable or bad-conduct	3045
discharge, confinement, or hard labor without confinement, the	3046
rights and privileges of which the member was deprived because of	3047
the reduction in pay are restored, and the member shall be paid	3048
the pay and allowances that the member would have been paid for	3049
the period the reduction was in effect had the member not been	3050
reduced in pay.	3051

Sec. 5924.582. (A) A member who receives a court-martial	3052
sentence that includes confinement for more than six months or	3053
confinement for six months or less and a dishonorable or	3054
bad-conduct discharge or dismissal forfeits pay, or pay and	3055
allowances, during any period of confinement or parole. The	3056
forfeiture takes effect on the date determined under section	3057
5924.57 of the Revised Code and may be deferred as provided by	3058
that section. The pay and allowances forfeited as a result of a	3059
sentence imposed by a general court-martial shall be all pay and	3060
allowances due during any period of confinement or parole. The pay	3061
and allowances forfeited as a result of a sentence imposed by a	3062
special court-martial shall be two-thirds of all pay and	3063
allowances due during any period of confinement or parole.	3064

(B) If a member subject to forfeiture of pay or pay and	3065
allowances under division (A) of this section has dependents, the	3066
convening authority or other person acting under section 5924.60	3067
of the Revised Code may waive all or part of the forfeiture of pay	3068
and allowances for a period not exceeding six months. Any pay or	3069
allowances paid as a result of a waiver shall be paid, as the	3070
convening authority or other person taking action directs, to the	3071
dependents of the accused member.	3072

(C) If the sentence of a member who forfeits pay and	3073
allowances under division (A) of this section is set aside or	3074
disapproved or, as finally approved, does not provide for a	3075
punishment that includes confinement for more than six months or	3076
confinement for six months or less and a dishonorable or	3077
bad-conduct discharge or dismissal, the member shall be paid the	3078
pay and allowances that the member would have been paid for the	3079
period the forfeiture was in effect had the member's pay and	3080
allowances not been forfeited.	3081

Sec. 5924.59. (A) A finding or sentence of a court-martial	3082
may not be held incorrect on the ground of an error of law unless	3083
the error materially prejudices the substantial rights of the	3084
accused.	3085

(B) Any reviewing authority with the power to approve or	3086
affirm a finding of guilty may instead approve or affirm so much	3087
of the finding as includes a lesser included offense.	3088

Sec. 5924.60. ~~After a trial by~~(A) A court-martial~~, the~~	3089
~~record~~ shall ~~be forwarded~~report its findings and sentence to the	3090
convening authority~~, as reviewing authority, and action thereon~~	3091
~~may be taken by~~after announcing the ~~person who convened the~~	3092
~~court, a commissioned officer commanding for the time being, a~~	3093
~~successor in command, or by the governor~~sentence.	3094

(B)(1) The accused may submit to the convening authority	3095
matters relating to the findings and sentence to the convening	3096
authority for its consideration. A submission shall be in writing.	3097
A submission shall be made within ten days after the accused has	3098
been given an authenticated record of trial and, if applicable,	3099
the recommendation of the staff judge advocate or legal officer	3100
under division (D) of this section or, in a summary court-martial	3101
case, within seven days after the sentence is announced.	3102

(2) The convening authority or other person taking action	3103
under this section, for good cause shown by the accused, may	3104
extend the period for submission of matters under division (B)(1)	3105
of this section for not more than twenty days.	3106

(3) In a summary court-martial case, the summary court	3107
officer shall promptly provide the accused with a copy of the	3108
record of trial for use in preparing a submission authorized by	3109
division (B)(1) of this section.	3110

(4) The accused may waive the right to make a submission	3111
under division (B)(1) of this section. A waiver shall be made in	3112
writing and may not be revoked. The time within which the accused	3113
may make a submission under this subsection expires upon the	3114
submission of a waiver to the convening authority.	3115

(C)(1) The authority under this section to act on the	3116
findings and sentence of a court-martial is a matter of command	3117
prerogative involving the sole discretion of the convening	3118
authority. Pursuant to regulations prescribed by the adjutant	3119
general, a commissioned officer commanding for the time being, a	3120
successor in command, or any person exercising general	3121
court-martial jurisdiction may act under this section in place of	3122
the convening authority.	3123

(2) The convening authority or another person authorized to	3124
act under this section may act on the sentence of a court-martial	3125
pursuant to division (B)(3) of this section. Subject to	3126
regulations prescribed by the adjutant general, the convening	3127
authority or other authorized person may act only after the	3128
accused submits matters under division (B) of this section or the	3129
time for submitting matters expires, whichever is earlier. If the	3130
accused makes a submission, the convening authority or other	3131
authorized person shall take the submission into consideration	3132
before acting.	3133

(3) The convening authority or other authorized person, in	3134
the convening authority's or other authorized person's sole	3135
discretion, may approve, disapprove, commute, or suspend the	3136
sentence of a court-martial in whole or in part. The convening	3137
authority or other authorized person acting on a sentence may but	3138
is not required to take action on the findings of the	3139
court-martial. A convening authority or other authorized person	3140
that chooses to act on the findings may dismiss any charge or	3141
specification by setting aside a finding of guilt with regard to	3142
that charge or specification or may change a finding of guilty	3143
with regard to a charge or specification to a finding of guilty to	3144
an offense that is a lesser included offense of the offense stated	3145
in the charge or specification.	3146

(D) Before acting under this section on any general	3147
court-martial case or on any special court-martial case that	3148
includes a bad-conduct discharge, the convening authority or other	3149
authorized person shall obtain and consider the written	3150
recommendation of the convening authority's or other authorized	3151
person's staff judge advocate or legal officer. The convening	3152
authority or other authorized person shall refer the record of	3153
trial to the staff judge advocate or legal officer. The staff	3154
judge advocate or legal officer shall use the record in the	3155
preparation of a recommendation. The recommendation shall include	3156
any matters that the adjutant general may require by regulation	3157
and shall be served on the accused. The accused may submit any	3158
matter in response under division (B) of this section. If in the	3159
accused's response, the accused does not object to one or more	3160
matters contained in the recommendation, the accused waives the	3161
right to object to those matters.	3162

(E)(1) The convening authority or other authorized person, in	3163
the convening authority's or other authorized person's sole	3164
discretion, may order a proceeding in revision or a rehearing.	3165

(2) The convening authority or other authorized person may	3166
order a proceeding in revision if there is an apparent error or	3167
omission in the record of a court-martial or if the record shows	3168
improper or inconsistent action by a court-martial with respect to	3169
the findings or sentence that can be rectified without material	3170
prejudice to the substantial rights of the accused. In a	3171
proceeding in revision, the convening authority or other	3172
authorized person may not do any of the following:	3173

(a) Reconsider a finding of not guilty of any specification	3174
or a ruling that amounts to a finding of not guilty;	3175

(b) Reconsider a finding of not guilty of any charge, unless	3176
there has been a finding of guilty under a specification laid	3177
under that charge that sufficiently alleges a violation of any	3178
provision of this chapter;	3179

3180

(3) The convening authority or other authorized person may	3181
order a rehearing if the convening authority or other authorized	3182
person disapproves the findings or sentence and states the reasons	3183
for disapproval of the findings or sentence. If the convening	3184
authority or other authorized person disapproves the findings or	3185
sentence and does not order a rehearing, the convening authority	3186
or other authorized person shall dismiss the charges. A convening	3187
authority or other authorized person may not order a rehearing as	3188
to the findings if the record does not contain sufficient evidence	3189
to support the findings. A convening authority or other authorized	3190
person may order a rehearing as to the sentence if the convening	3191
authority or other authorized person disapproves the sentence.	3192

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3193
or the sentence of a court-martial to the court of military	3194
appeals. The court shall hear an appeal if the convening authority	3195
or other authorized person approved a sentence of dismissal of a	3196
commissioned officer, dishonorable or bad conduct discharge, or	3197
confinement for one year or more and if the appeal was timely	3198
filed. The court may hear any other appeals that the court, in its	3199
sole discretion, allows.	3200

(B) An accused who is found guilty may appeal under this	3201
section by filing a notice of appeal with the convening authority	3202
that ordered the court-martial within thirty calendar days after	3203
the convening authority serves a copy of the approved findings and	3204
sentence on the trial attorney of record for the accused or, if	3205
the accused waived the right to counsel, on the accused in	3206
accordance with regulations prescribed by the adjutant general.	3207
The notice of appeal shall state the name of the party taking the	3208
appeal, the findings, sentence, or parts of the findings or	3209
sentence appealed from, and the grounds for the appeal. Failure to	3210
file a notice of appeal in a timely manner constitutes a waiver of	3211
the right to appeal.	3212

(C) Upon receiving a notice of appeal, the convening	3213
authority shall serve a copy of the notice on the trial counsel	3214
and on the trial attorney of record for any codefendant or, if a	3215
codefendant waived the right to counsel, on the codefendant in	3216
accordance with regulations prescribed by the adjutant general.	3217
The convening authority shall note on each copy served the date on	3218
which the notice of appeal was filed. Failure of the convening	3219
authority to serve a copy of the notice of appeal does not affect	3220
the validity of the appeal. Service in accordance with division	3221
(C) of this section is sufficient notwithstanding the death of a	3222
party or a party's counsel. The convening authority shall note on	3223
its docket the names of the parties served, the dates on which	3224
they were served, and the method of service.	3225

(D) An accused may waive appellate review by filing with the	3226
convening authority, within ten days after the action under	3227
section 5924.60 of the Revised Code is served on the accused or on	3228
defense counsel, a written waiver signed by the accused and by	3229
defense counsel. The convening authority or other person taking	3230
such action, for good cause, may extend the period for filing by	3231
not more than thirty days.	3232

(E) An accused may voluntarily withdraw an appeal at any time	3233
by filing a notice of withdrawal with the convening authority.	3234

(F) A waiver of the right to appellate review or the	3235
withdrawal of an appeal bars any further review under this section	3236
or section 5924.69 of the Revised Code.	3237

Sec. 5924.62. (A) In a trial by court-martial in which a	3238
military judge presides and in which a punitive discharge may be	3239
adjudged, the state may appeal any of the following, except an	3240
order or ruling that is, or that amounts to, a finding of not	3241
guilty with respect to the charge or specification:	3242

(1) An order or ruling that terminates the proceedings with	3243
respect to a charge or specification;	3244

(2) An order or ruling that excludes evidence that is of	3245
substantial consequence to the determination of the material	3246
issues in the proceeding;	3247

(3) An order or ruling that directs the disclosure of	3248
classified information;	3249

(4) An order or ruling that imposes sanctions for	3250
nondisclosure of classified information;	3251

(5) A refusal by the military judge to issue a protective	3252
order sought by the state to prevent the disclosure of classified	3253
information;	3254

(6) A refusal by the military judge to enforce a protective	3255
order that has previously been issued by appropriate authority to	3256
prevent the disclosure of classified information.	3257

(B) The state may not appeal an order or ruling unless within	3258
seventy-two hours after the military judge serves the order or	3259
ruling the trial counsel files with the military judge a written	3260
notice of appeal from the order or ruling. The notice shall	3261
include a certification by the trial counsel that the appeal is	3262
not taken for the purpose of delay and, if the order or ruling	3263
appealed is one that excludes evidence, that the evidence excluded	3264
is substantial proof of a fact material in the proceeding.	3265

(C) Appellate government counsel shall diligently prosecute	3266
an appeal under this section to the court of military appeals	3267
created by section 5924.66 of the Revised Code.	3268

(D) Any period of delay resulting from an appeal under this	3269
section shall be excluded in deciding any issue regarding denial	3270
of a speedy trial unless an appropriate authority determines that	3271
the appeal was filed solely for the purpose of delay with the	3272
knowledge that it was totally frivolous and without merit.	3273

Sec. 5924.63. ~~(A) If the convening authority disapproves the~~	3274
~~findings and sentence of a court-martial he may, except where~~	3275
~~there is lack of sufficient evidence in the record to support the~~	3276
~~findings, order a rehearing. In such a case he shall state the~~	3277
~~reasons for disapproval. If he disapproves the findings and~~	3278
~~sentence and does not order a rehearing, he shall dismiss the~~	3279
~~charges.~~	3280

~~(B)~~ Each rehearing ordered pursuant to section 5924.60 of the	3281
Revised Code or by the court of military appeals shall take place	3282
before a court-martial composed of members who were not members of	3283
the court-martial ~~which~~that first heard the case. Upon a	3284
rehearing the accused may not be tried for any offense of which he	3285
the accused was found not guilty by the first court-martial, and	3286
no sentence in excess of or more severe than the original sentence	3287
may be ~~imposed,~~approved unless the sentence is based upon a	3288
finding of guilty of an offense not considered upon the merits in	3289
the original proceedings, or unless the sentence prescribed for	3290
the offense is mandatory. If the sentence approved after the first	3291
court-martial was in accordance with a pretrial agreement and the	3292
accused at the rehearing changes the accused's plea with respect	3293
to the charges or specifications upon which the pretrial agreement	3294
was based or otherwise does not comply with the pretrial	3295
agreement, the approved sentence as to those charges or	3296
specifications may include any punishment not in excess of the	3297
punishment lawfully adjudged at the first court-martial.	3298

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3299
regulations prescribed by the adjutant general each case in which	3300
there has been a finding of guilty and in which no appeal is	3301
taken. A judge advocate may not review a case under this section	3302
if the judge advocate has acted in the same case as an accuser,	3303
investigating officer, member of the court, military judge, or	3304
counsel or has otherwise acted on behalf of the prosecution or	3305
defense. For each case reviewed under this section, the judge	3306
advocate shall issue written findings and recommendations that	3307
contain all of the following:	3308

(1) Conclusions as to whether the court had jurisdiction over	3309
the accused and the offense;	3310

(2) Conclusions as to whether the charge and specification	3311
stated an offense;	3312

(3) Conclusions as to whether the sentence was within the	3313
limits prescribed by law;	3314

(4) A response to each allegation of error made in writing by	3315
the accused;	3316

(5) If the case is sent for action under division (B) of this	3317
section, a recommendation as to the appropriate action to be taken	3318
and an opinion as to whether corrective action is required as a	3319
matter of law.	3320

(B) The record of trial and related documents in each case	3321
reviewed under division (A) of this section shall be sent for	3322
further action under division (C) of this section to the person	3323
exercising general court-martial jurisdiction over the accused at	3324
the time the court was convened or that person's successor in	3325
command if any of the following applies:	3326

(1) The judge advocate who reviewed the case recommends	3327
corrective action.	3328

(2) The sentence approved under division (C) of section	3329
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3330
dishonorable discharge, or confinement for more than six months.	3331

(3) Regulations prescribed by the adjutant general require	3332
further review.	3333

(C) The person to whom the record of trial and related	3334
documents are sent under division (B) of this section may do any	3335
of the following:	3336

(1) Approve or disapprove the findings or sentence in whole	3337
or in part;	3338

(2) Remit, commute, or suspend the sentence in whole or in	3339
part;	3340

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

3341

(4) Dismiss the charges.

3342

(D) If a rehearing is ordered but the convening authority	3343
finds that a rehearing is impracticable, the convening authority	3344
shall dismiss the charges.	3345

(E) If the opinion of the judge advocate who reviews a case	3346
under division (A) of this section finds that corrective action is	3347
required as a matter of law and the person required to take action	3348
under division (B) of this section does not take action that is at	3349
least as favorable to the accused as that recommended by the judge	3350
advocate, the convening authority shall transmit the record of	3351
trial and action on that record to the state judge advocate for	3352
review.	3353

(F) The judge advocate who under this section reviews a case	3354
conducted by a general court-martial shall be the state judge	3355
advocate.	3356

Sec. 5924.65. If an accused files a notice of appeal, the	3357
convening authority shall transmit the record of trial and	3358
post-trial proceedings in the case to the state judge advocate for	3359
appropriate action. If the accused does not file a notice of	3360
appeal or files a notice of appeal and withdraws the appeal, then	3361
following completion of all post-trial review, the record of trial	3362
and related documents shall be transmitted and disposed of as the	3363
adjutant general may prescribe by regulation.	3364

Sec. 5924.66. (A) There is hereby created the court of	3365
military appeals. The court is a court of record and has exclusive	3366
jurisdiction of all appeals from courts-martial convened pursuant	3367
to this code. The court shall sit in Franklin county. All hearings	3368
conducted by the court shall be public.	3369

(B) The judges of the court of military appeals shall be	3370
military appellate judges appointed by the adjutant general. Each	3371
judge shall be a retired judge advocate officer who has previously	3372
served in the rank of colonel or above in either the Ohio army	3373
national guard or the Ohio air national guard. The judges shall	3374
sit in panels of not less than three members.	3375

(C) The adjutant general may make rules governing practice	3376
and procedure in the court of military appeals. The Rules of	3377
Appellate Procedure apply in proceedings in the court to the	3378
extent that they are not inconsistent with this code or with rules	3379
made by the adjutant general under this division.	3380

Sec. 5924.67. A judge of the court of military appeals shall	3381
receive as compensation for each day of attendance on the business	3382
of the court an amount equal to the annual compensation of a judge	3383
of a court of appeals divided by the number of days in the	3384
calendar year. A judge who does not reside in Franklin county	3385
shall be reimbursed for the judge's actual and necessary expenses	3386
of traveling to and from Franklin county to attend the business of	3387
the court.	3388

Sec. 5924.68. The court of military appeals may subpoena	3389
witnesses, require the production of evidence, and punish for	3390
contempt in the same manner and to the same extent as a common	3391
pleas court.	3392

Sec. 5924.69. Appeals from orders and judgments of the court	3393
of military appeals may be taken to the supreme court in the same	3394
manner and to the same extent as criminal appeals from orders and	3395
judgments of a court of appeals.	3396

Sec. 5924.70. (A) The state judge advocate shall detail one	3397
or more judge advocates as appellate government counsel and one or	3398
more judge advocates assigned to the United States army trial	3399
defense service or the United States air force area defense	3400
counsel as appellate defense counsel. Appellate counsel shall be	3401
members in good standing of the bar of this state and certified by	3402
the state judge advocate to be competent to act as appellate	3403
counsel.	3404

(B) Appellate government counsel shall represent the state in	3405
the court of military appeals. In a case arising under this code	3406
that is heard in the supreme court, appellate government counsel	3407
shall represent the state in the supreme court unless the attorney	3408
general elects to represent the state.	3409

(C) Appellate defense counsel shall represent the accused in	3410
the court of military appeals and the supreme court unless the	3411
accused elects to be represented by civilian counsel at the	3412
accused's own expense.	3413

(D) Appellate government and defense counsel shall perform	3414
any additional functions in connection with post-trial proceedings	3415
in court-martial cases that the state judge advocate directs.	3416

Sec. 5924.71. (A) If the sentence of a court-martial of a	3417
commissioned officer or cadet includes dismissal, that part of the	3418
sentence providing for dismissal may not be executed until it is	3419
approved by the adjutant general. The adjutant general may	3420
commute, remit, or suspend the sentence or any part of the	3421
sentence as the adjutant general sees fit. In time of war or	3422
national emergency, the adjutant general may commute a sentence of	3423
dismissal to reduction to any enlisted grade. A person so reduced	3424
may be required to serve for the duration of the war or emergency	3425
and for six months after the end of the war or emergency.	3426

(B)(1) If the sentence of a court-martial includes dismissal	3427
or dishonorable or bad-conduct discharge and the accused appeals	3428
to the court of military appeals, the dismissal or discharge part	3429
of the sentence may not be executed until the appellate process	3430
has been completed and, in case of dismissal, approval of the	3431
sentence by the adjutant general. The appellate process is	3432
completed when any of the following occurs:	3433

(a) The accused withdraws the appeal.

3434

(b) The court of military appeals renders a decision, and the	3435
time for filing a notice of appeal to the supreme court elapses	3436
without the accused having filed a notice of appeal.	3437

(c) The supreme court issues an order dismissing the appeal	3438
or entering judgment on the leave to appeal.	3439

(2) If the sentence of a court-martial includes dismissal or	3440
dishonorable or bad-conduct discharge and the accused fails to	3441
appeal to the court of military appeals, waives appellate review,	3442
or withdraws an appeal, the dismissal or discharge part of the	3443
sentence may not be executed until a judge advocate has reviewed	3444
the case and the convening authority has completed action in the	3445
review pursuant to section 5924.64 of the Revised Code. Any other	3446
part of a court-martial sentence may be ordered executed by the	3447
convening authority or other person acting on the case under	3448
section 5924.60 of the Revised Code.	3449

(C) The convening authority or other person taking action on	3450
a court-martial case under section 5924.60 of the Revised Code may	3451
suspend at any time the execution of any sentence or part of a	3452
sentence.	3453

Sec. 5924.72. (A) An officer having special court-martial	3454
jurisdiction over a person whose sentence has been suspended may	3455
recommend vacation of the suspension of an approved sentence or	3456
part of a sentence that was imposed by a special court-martial and	3457
includes a bad-conduct discharge or that was imposed by a general	3458
court-martial.	3459

(B) Before ~~the vacation of~~vacating the suspension of a	3460
~~special court-martial~~ sentence ~~which as approved includes a bad~~	3461
~~conduct discharge, or of any general court-martial~~or part of a	3462
sentence under division (A) of this section, ~~the~~an officer having	3463
special court-martial jurisdiction over ~~the probationer~~a person	3464
whose sentence has been suspended shall hold a hearing on the	3465
alleged violation of ~~probation~~the terms of suspension. The	3466
~~probationer shall~~person has the right to be represented at the	3467
hearing by counsel ~~if he so desires~~.	3468

~~(B)~~(C) The record of the hearing and the recommendation of	3469
the officer having special court-martial jurisdiction shall be	3470
sent for action to the ~~governor in cases involving a~~officer	3471
exercising general court-martial ~~sentence and to the commanding~~	3472
~~officer of the force of the organized militia of which~~	3473
jurisdiction over the ~~probationer is a member in all other cases~~	3474
~~covered by division (A) of this section~~person whose sentence has	3475
been suspended. If ~~the governor or commanding~~that officer vacates	3476
the suspension, any unexecuted part of the sentence except a	3477
dismissal shall be executed, subject to applicable restrictions	3478
set forth in section 5924.71 of the Revised Code. A vacation of	3479
the suspension of a dismissal is not effective until it is	3480
approved by the adjutant general.	3481

~~(C)~~(D) The suspension of any other sentence may be vacated by	3482
any authority competent to convene, for the command in which the	3483
accused is serving or assigned, a court of the kind that imposed	3484
the sentence.	3485

Sec. 5924.73. At any time within two years after approval by	3486
the convening authority of a court-martial sentence, the accused	3487
may petition the ~~governor~~adjutant general for a new trial on the	3488
ground of newly discovered evidence or fraud on the court~~-martial~~.	3489
The adjutant general shall act upon the petition unless the case	3490
is pending before the court of military appeals or the supreme	3491
court, in which case the adjutant general shall refer the petition	3492
to the court in which the appeal is pending.	3493

Sec. 5924.74. (A) AThe adjutant general, the state judge	3494
advocate when authorized by the adjutant general, or a convening	3495
authority may remit or suspend any part or amount of the	3496
unexecuted part of any sentence, including all uncollected	3497
forfeitures, other than a sentence approved by the governor or a	3498
superior convening authority.	3499

(B) The ~~governor~~adjutant general may, for good cause,	3500
substitute an administrative form of discharge for a discharge or	3501
dismissal executed in accordance with the sentence of a	3502
court-martial.	3503

Sec. 5924.75. (A) Under ~~such~~any regulations asthat the	3504
~~governor~~adjutant general may prescribe, all rights, privileges,	3505
and property affected by an executed part of a court-martial	3506
sentence ~~which~~that has been set aside or disapproved, except an	3507
executed dismissal or discharge, shall be restored unless a new	3508
trial or rehearing is ordered and ~~such~~the executed part of the	3509
sentence is included in a sentence imposed upon the new trial or	3510
rehearing.	3511

(B) If a previously executed sentence of dishonorable or bad	3512
conduct discharge is not imposed on a new trial, the ~~governor~~	3513
adjutant general shall substitute therefor a form of discharge	3514
authorized for administrative issuance unless the accused is to	3515
serve out the remainder of ~~his~~the accused's enlistment.	3516

(C) If a previously executed sentence of dismissal is not	3517
imposed on a new trial, the ~~governor~~adjutant general shall	3518
substitute therefor a form of discharge authorized for	3519
administrative issue, and the commissioned officer dismissed by	3520
that sentence may be reappointed by the ~~governor~~adjutant general	3521
alone to such commissioned grade and with such rank as in the	3522
opinion of the ~~governor~~adjutant general that former officer would	3523
have attained had hethe former officer not been dismissed. The	3524
reappointment of such a former officer ~~may~~shall be made if	3525
without regard to the existence of a ~~position~~ vacancy ~~is available~~	3526
~~under applicable tables~~and shall affect the promotion status of	3527
~~organization~~other officers only to the extent directed by the	3528
adjutant general. All time between the dismissal and the	3529
reappointment shall be considered as service for all purposes	3530
including the right to pay and allowances.	3531

(D) Pursuant to regulations prescribed by the adjutant	3532
general, an accused who has been sentenced by a court-martial may	3533
be required to take leave pending completion of action under this	3534
code if the sentence, as approved under section 5924.60 of the	3535
Revised Code, includes an unsuspended dismissal or an unsuspended	3536
dishonorable or bad-conduct discharge. The accused may be required	3537
to begin leave on the date on which the sentence is approved or at	3538
any time after that date. Leave may be continued until the date on	3539
which action is completed or may be terminated at any earlier	3540
time.	3541

Sec. 5924.76. The appellate review of records of trial	3542
pursuant to this code, the proceedings, findings, and sentences of	3543
courts-martial as ~~reviewed and~~ approved, ~~as required by~~reviewed,	3544
or affirmed pursuant to this code, and all dismissals and	3545
discharges carried into execution under sentences by	3546
courts-martial following ~~review and~~ approval, ~~as required by~~	3547
review, or affirmation pursuant to this code, are final and	3548
conclusive. Orders publishing the proceedings of courts-martial	3549
and all action taken pursuant to those proceedings are binding	3550
upon all departments, courts, agencies, and officers of the state,	3551
subject only to action upon a petition for a new trial as provided	3552
in section 5924.73 of the Revised Code and to action by the	3553
adjutant general under section 5924.74 of ~~this code~~the Revised	3554
Code.	3555

Sec. 5924.761. Pursuant to regulations prescribed by the	3556
adjutant general, an accused who has been sentenced by a	3557
court-martial may be required to take leave pending completion of	3558
action under sections 5924.59 to 5924.761 of the Revised Code if	3559
the sentence, as approved under section 5924.60 of the Revised	3560
Code, includes an unsuspended dismissal or an unsuspended	3561
dishonorable or bad-conduct discharge. The accused may be required	3562
to begin the leave on the date on which the sentence is approved	3563
under section 5924.60 of the Revised Code or at any time after	3564
that date, and the leave may be continued until the date on which	3565
action under sections 5924.59 to 5924.761 of the Revised Code is	3566
terminated or completed.	3567

Sec. 5924.77. Any person subject to this code is a principal	3568
~~who~~if the person does either of the following:	3569

(A) Commits an offense punishable by this code, or aids,	3570
abets, counsels, commands, or procures its commission;	3571

(B) Causes an act to be done which if directly performed by	3572
~~him~~the person would be punishable by this code.	3573

Sec. 5924.78. Any person subject to this code who, knowing	3574
that an offense punishable by this code has been committed,	3575
receives, comforts, or assists the offender in order to hinder or	3576
prevent ~~his~~the offender's apprehension, trial, or punishment	3577
shall be punished as a court-martial may direct.	3578

Sec. 5924.82. (A) Any person subject to this code who	3579
solicits or advises another or others to desert in violation of	3580
section 5924.85 of the Revised Code and of this code or mutiny in	3581
violation of section 5924.94 of the Revised Code and of this code	3582
shall, if the offense solicited or advised is attempted or	3583
committed, be punished with the punishment provided for the	3584
commission of the offense, but, if the offense solicited or	3585
advised is not committed or attempted, hethe person shall be	3586
punished as a court-martial may direct.	3587

(B) Any person subject to this code who solicits or advises	3588
another or others to commit an act of ~~misbehavior before the enemy~~	3589
~~in violation of section 5924.99 of the Revised Code and of this~~	3590
~~code or~~ sedition in violation of section 5924.94 of the Revised	3591
Code and of this code shall, if the offense solicited or advised	3592
is committed, be punished with the punishment provided for the	3593
commission of the offense, but, if the offense solicited or	3594
advised is not committed, hethe person shall be punished as a	3595
court-martial may direct.	3596

Sec. 5924.83. Any person who does either of the following	3597
shall be punished as a court-martial may direct:	3598

(A) Procures ~~his~~the person's own enlistment or appointment	3599
in the organized militia by knowingly false representation or	3600
deliberate concealment as to ~~his~~the person's qualifications for	3601
that enlistment or appointment and receives pay or allowances	3602
thereunder; or	3603

(B) Procures ~~his~~the person's own separation from the	3604
organized militia by knowingly false representation or deliberate	3605
concealment as to ~~his~~the person's eligibility for that	3606
separation;	3607

~~shall be punished as a court-martial may direct~~.	3608

Sec. 5924.84. Any person subject to this code who effects an	3609
enlistment or appointment in or a separation from the organized	3610
militia of any person who is known to ~~him~~the person to be	3611
ineligible for that enlistment, appointment, or separation because	3612
it is prohibited by law, regulation, or order shall be punished as	3613
a court-martial may direct.	3614

Sec. 5924.85. (A) Any member of the organized militia who	3615
does any of the following is guilty of desertion:	3616

(1) Without authority goes or remains absent from ~~his~~the	3617
member's unit, organization, or place of duty with intent to	3618
remain away ~~therefrom~~from the unit, organization, or place of	3619
duty permanently;	3620

(2) Quits ~~his~~the member's unit, organization, or place of	3621
duty with intent to avoid hazardous duty or to shirk important	3622
service; or	3623

(3) Without being regularly separated from one of the forces	3624
of the organized militia enlists or accepts an appointment in the	3625
same or another one of the forces of the organized militia without	3626
fully disclosing the fact that hethe member has not been	3627
regularly separated;	3628

~~is guilty of desertion~~	3629

(4) Without being regularly separated from one of the forces	3630
of the organized militia enters any foreign armed services without	3631
the authorization of the United States.	3632

(B) Any commissioned officer of the organized militia who,	3633
after tender of ~~his~~the commissioned officer's resignation and	3634
before notice of its acceptance, quits ~~his~~the commissioned	3635
officer's post or proper duties without leave and with intent to	3636
remain away therefrom permanently is guilty of desertion.	3637

(C) Any person found guilty of desertion or attempt to desert	3638
shall be punished~~, if the offense is committed in time of war, by~~	3639
~~death or such other punishment as a court-martial may direct, but~~	3640
~~if the desertion or attempt to desert occurs at any other time, by~~	3641
~~such punishment, other than death,~~ as a court-martial may direct.	3642

Sec. 5924.86. Any person subject to this code who, without	3643
authority, does any of the following shall be punished as a	3644
court-martial may direct:	3645

(A) Fails to go to ~~his~~the person's appointed place of duty	3646
at the time prescribed;	3647

(B) Goes from ~~his~~the person's appointed place of duty; or

3648

(C) Absents ~~himself~~self or remains absent from ~~his~~the	3649
person's unit, organization, or place of duty at which hethe	3650
person is required to be at the time prescribed~~; shall be punished~~	3651
~~as a court-martial may direct~~.	3652

Sec. 5924.87. Any person subject to this code who through	3653
neglect or design misses the movement of a ship, aircraft, or unit	3654
with which hethe person is required in the course of duty to move	3655
shall be punished as a court-martial may direct.	3656

Sec. 5924.88. Any ~~person subject to this code~~commissioned	3657
officer who uses contemptuous words against ~~the president,~~ the	3658
governor, or the legislature~~, or the governor or legislature~~ of	3659
~~any~~this state~~, territory, commonwealth, or possession wherein~~	3660
~~that person may be serving,~~ shall be punished as a court-martial	3661
may direct.	3662

Sec. 5924.89. Any person subject to this code who behaves	3663
with disrespect toward ~~his~~the person's superior commissioned	3664
officer shall be punished as a court-martial may direct.	3665

Sec. 5924.90. Any person subject to this code who does	3666
either of the following shall be punished as a court-martial may	3667
direct:	3668

(A) Strikes ~~his~~the person's superior commissioned officer or	3669
draws or lifts up any weapon or offers any violence against ~~him~~	3670
the person's superior commissioned officer while hethat officer	3671
is in the execution of ~~his office~~official duties; or	3672

(B) Willfully disobeys a lawful command of ~~his~~the person's	3673
superior commissioned officer;	3674

~~shall be punished as a court-martial may direct~~.	3675

Sec. 5924.91. Any warrant officer or enlisted member who	3676
does any of the following shall be punished as a court-martial may	3677
direct:	3678

(A) Strikes or assaults a warrant officer,or noncommissioned	3679
officer~~, or petty officer,~~ while that officer is in the execution	3680
of ~~his office~~official duties;	3681

(B) Willfully disobeys the lawful order of a warrant officer,	3682
or noncommissioned officer~~, or petty officer~~; or	3683

(C) Treats with contempt or is disrespectful in language or	3684
deportment toward a warrant officer,or noncommissioned officer,	3685
~~or petty officer,~~ while that officer is in the execution of ~~his~~	3686
~~office;~~	3687

~~shall be punished as a court-martial may direct~~ official duties.	3688

Sec. 5924.92. Any person subject to this code who does any	3689
of the following shall be punished as a court-martial may direct:	3690

(A) Violates or fails to obey any lawful general order or	3691
regulation;	3692

(B) Having knowledge of any other lawful order issued by a	3693
member of the organized militia~~, which it~~that is ~~his~~the person's	3694
duty to obey, fails to obey the order; or	3695

(C) Is derelict in the performance of ~~his~~the person's	3696
duties;	3697

~~shall be punished as a court-martial may direct~~.	3698

Sec. 5924.93. Any person subject to this code who is guilty	3699
of cruelty toward, or oppression or maltreatment of, any other	3700
person subject to ~~his~~the person's orders shall be punished as a	3701
court-martial may direct.	3702

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

3703

~~(1) With~~, with intent to usurp or override lawful military	3704
authority, refuses, in concert with any other person, to obey	3705
orders or otherwise do ~~his~~the person's duty or creates any	3706
violence or disturbance is guilty of mutiny;.	3707

(2) ~~With~~Any person subject to this code who, with intent to	3708
cause the overthrow or destruction of lawful civil authority,	3709
creates, in concert with any other person, revolt, violence, or	3710
other disturbance against that authority is guilty of sedition;.	3711

(3) ~~Fails~~Any person subject to this code who fails to do ~~his~~	3712
the person's utmost to prevent and suppress a mutiny or sedition	3713
being committed in ~~his~~the person's presence, or fails to take all	3714
reasonable means to inform ~~his~~the person's superior commissioned	3715
officer or commanding officer of a mutiny or sedition ~~which he~~	3716
that the person knows or has reason to believe is taking place, is	3717
guilty of a failure to suppress or report a mutiny or sedition.	3718

(B) A person who is found guilty of attempted mutiny, mutiny,	3719
sedition, or failure to suppress or report a mutiny or sedition	3720
shall be punished ~~by death or such other punishment~~ as a	3721
court-martial may direct.	3722

Sec. 5924.95. Any person subject to this code who resists	3723
apprehension or, flees from apprehension, breaks arrest, or ~~who~~	3724
escapes from ~~physical restraint lawfully imposed~~custody or	3725
confinement shall be punished as a court-martial may direct.	3726

Sec. 5924.96. Any person subject to this code who, without	3727
proper authority, releases any prisoner committed to ~~his~~the	3728
person's charge, or who through neglect or design suffers any ~~such~~	3729
prisoner committed to the person's charge to escape, shall be	3730
punished as a court-martial may direct, whether or not the	3731
prisoner was committed in strict compliance with law.	3732

Sec. 5924.97. Any person subject to this code, who, except	3733
as provided by law ~~or regulation~~, apprehends, arrests, or confines	3734
any person shall be punished as a court-martial may direct.	3735

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

3736

~~(A) Is~~is responsible for unnecessary delay in the	3737
disposition of any case of a person accused of an offense under	3738
this code; or	3739

~~(B) Knowingly~~who knowingly and intentionally fails to	3740
enforce or comply with any provision of this code regulating the	3741
proceedings before, during, or after trial of an accused;	3742

shall be punished as a court-martial may direct.	3743

Sec. 5924.103. (A) All persons subject to this code shall	3744
secure all ~~public~~ property taken from the enemy for the service of	3745
the United States,and this state and shall give notice and turn	3746
over to the proper authority without delay all captured or	3747
abandoned property in their possession, custody, or control.	3748

(B) Any person subject to this code who does any of the	3749
following shall be punished as a court-martial may direct:	3750

(1) Fails to carry out the duties prescribed in division (A)	3751
of this section;	3752

(2) Buys, sells, trades, or in any way deals in or disposes	3753
of captured or abandoned property, whereby hethe person receives	3754
or expects any profit, benefit, or advantage to ~~himself~~self or	3755
another directly or indirectly connected with ~~himself~~self; or	3756

(3) Engages in looting or pillaging;

3757

~~shall be punished as a court-martial may direct~~.	3758

Sec. 5924.108. Any person subject to this code who, without	3759
proper authority, does any of the following with regard to any	3760
military property of the United States or of this state shall be	3761
punished as a court-martial may direct:	3762

(A) Sells or otherwise disposes of the property;

3763

(B) Willfully or through neglect damages, destroys, or loses	3764
the property; or	3765

(C) Willfully or through neglect suffers to be lost, damaged,	3766
destroyed, sold, or wrongfully disposed of;	3767

~~any military property of the United States or of the state, shall~~	3768
~~be punished as a court-martial may direct~~ the property.	3769

Sec. 5924.109. Any person subject to this code who~~, while in~~	3770
~~a duty status,~~ willfully or recklessly wastes, spoils, or	3771
otherwise willfully and wrongfully destroys or damages any	3772
property other than military property of the United States or of	3773
the state shall be punished as a court-martial may direct.	3774

Sec. 5924.111. ~~Any~~(A) Subject to division (B) of this	3775
section, any person subject to this code who ~~operates~~does any of	3776
the following shall be punished as a court-martial may direct:	3777

(1) Operates or physically controls any vehicle ~~while drunk,~~	3778
or, aircraft, or vessel in a reckless or wanton manner~~, shall be~~	3779
~~punished as a court-martial may direct~~;	3780

(2) Operates or physically controls any vehicle, aircraft, or	3781
vessel while under the influence of alcohol, a drug of abuse, or a	3782
combination of them;	3783

(3) Operates or physically controls any vehicle, aircraft, or	3784
vessel while having in the person's whole blood, blood serum or	3785
plasma, breath, or urine the minimum concentrations of alcohol set	3786
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	3787
the Revised Code;	3788

(4) Operates or physically controls any vehicle, aircraft, or	3789
vessel while having in the person's whole blood, blood serum or	3790
plasma, or urine the concentrations of controlled substances or	3791
metabolites of a controlled substance set forth in division	3792
(A)(1)(j) of section 4511.19 of the Revised Code.	3793

(B) If a military installation is located partially in this	3794
state and partially in one or more other states, the adjutant	3795
general may select the alcohol and controlled substance levels set	3796
forth in the impaired operating laws of one of the other states to	3797
apply on the installation in place of the levels set forth in	3798
division (A) of this section.	3799

Sec. 5924.1121. (A) As used in this section, "prohibited	3800
substance" means any of the following:	3801

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	3802
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	3803
marihuana or any compound or derivative of any of those	3804
substances;	3805

(2) Any substance not specified in division (A)(1) of this	3806
section that the adjutant general lists on a schedule of	3807
controlled substances or that is listed on a schedule established	3808
under section 202 of the Federal Controlled Substances Act, 21	3809
U.S.C. 812, 84 Stat. 1247, as amended.	3810

(B) A person subject to this code who wrongfully uses,	3811
possesses, manufactures, distributes, imports into the customs	3812
territory of the United States, exports from the United States, or	3813
introduces into an installation, vessel, vehicle, or aircraft used	3814
by or under the control of the armed forces of the United States	3815
or of the organized militia a prohibited substance shall be	3816
punished as a court-martial may direct.	3817

Sec. 5924.113. Any sentinel or lookout who is found drunk or	3818
sleeping on ~~his~~the sentinel's or lookout's post, or leaves it	3819
before hethe sentinel or lookout is regularly relieved, shall be	3820
punished~~, if the offense is committed in time of war, by death or~~	3821
~~such other punishment as a court-martial may direct, but if the~~	3822
~~offense is committed at any other time, by such punishment other~~	3823
~~than death~~ as a court-martial may direct.	3824

Sec. 5924.115. Any person subject to this code who for the	3825
purpose of avoiding work, duty, or service in the organized	3826
militia does either of the following shall be punished as a	3827
court-martial may direct:	3828

(A) Feigns illness, physical disablement, mental lapse, or	3829
derangement; or	3830

(B) Intentionally inflicts self-injury;

3831

~~shall be punished as a court-martial may direct~~.	3832

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

3833

(1) "Affirmative defense" means any special defense that,	3834
although not denying that the accused committed the objective acts	3835
constituting the offense charged, denies, in whole or in part,	3836
criminal responsibility for those acts.	3837

(2) "Bodily harm" means any offensive touching of another,	3838
however slight, that does not result in grievous bodily harm.	3839

(3) "Consent" means words or overt acts indicating a freely	3840
given agreement to the sexual conduct at issue by a competent	3841
person.	3842

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

3843

(a) Any firearm, whether loaded or not and whether operable	3844
or not;	3845

(b) Any other weapon, device, instrument, material, or	3846
substance, whether animate or inanimate, that as used or intended	3847
to be used is known to be capable of producing death or grievous	3848
bodily harm;	3849

(c) Any object fashioned or used in such a manner as to lead	3850
a person on whom the object is used or threatened to be used to	3851
reasonably believe under the circumstances that the object is	3852
capable of producing death or grievous bodily harm.	3853

(5) "Force" means action to compel submission of another or	3854
to overcome or prevent another's resistance by either of the	3855
following:	3856

(a) The use, display, or suggestion of possession of a	3857
dangerous weapon or object;	3858

(b) Physical violence, strength, power, or restraint applied	3859
to another person sufficient to prevent the other person from	3860
avoiding or escaping sexual contact.	3861

(6) "Grievous bodily harm" means serious bodily injury,	3862
including but not limited to fractured or dislocated bones, deep	3863
cuts, torn members of the body, and serious damage to internal	3864
organs.	3865

(7) "Indecent conduct" means that form of immorality relating	3866
to sexual impurity that is grossly vulgar, obscene, and repugnant	3867
to common propriety and tends to excite sexual desire or deprave	3868
morals with respect to sexual relations. Indecent conduct includes	3869
observing or making a videotape, photograph, motion picture,	3870
print, negative, slide, or other mechanically, electronically, or	3871
chemically reproduced visual material, without another person's	3872
consent and contrary to that other person's reasonable expectation	3873
of privacy, of either of the following:	3874

(a) That other person's genitalia, anus, or buttocks, or, if	3875
that other person is female, that person's areola or nipple;	3876

(b) That other person while that other person is engaged in a	3877
sexual act, sexual contact, or sodomy.	3878

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

3879

(a) Physical injury to the person or property of a person	3880
other than the victim of the offense;	3881

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

3882

(i) Accuse any person of a crime;

3883

(ii) Expose a secret or publicize an asserted fact, whether	3884
true or false, tending to subject some person to hatred, contempt,	3885
or ridicule;	3886

(iii) Through the use or abuse of military position, rank, or	3887
authority, to affect or threaten to affect, either positively or	3888
negatively, the military career of some person.	3889

(9) "Mistake of fact as to consent" means a belief that is	3890
incorrect, as a result of ignorance or mistake, that a person	3891
engaging in sexual conduct consented to engage in that conduct, if	3892
both of the following apply:	3893

(a) The ignorance or mistake existed in the mind of the	3894
accused at the time the sexual conduct in issue occurred and was	3895
based on information or lack of information that would have	3896
indicated to a reasonable person that the other person consented;	3897

(b) The ignorance or mistake was not based on the accused's	3898
failure to discover facts that a reasonably careful person would	3899
have discovered under the same or similar circumstances.	3900

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

3901

(a) Contact between the penis and the vulva, including any	3902
penetration, however slight;	3903

(b) Anal intercourse, fellatio, and cunnilingus between	3904
persons, regardless of sex;	3905

(c) The penetration, however slight, of the genital opening	3906
of another by a hand or finger or any object with an intent to	3907
abuse, humiliate, harass, or degrade any person or to arouse or	3908
gratify the sexual desire of any person.	3909

(11) "Sexual contact" means the intentional touching, either	3910
directly or through clothing, of the genitalia, anus, groin,	3911
breast, inner thigh, or buttocks of another person with an intent	3912
to abuse, humiliate, or degrade any person or to arouse or gratify	3913
the sexual desire of any person.	3914

(12) "Sexual conduct" means any act that is prohibited by	3915
this section.	3916

(13)(a) For purposes of divisions (B) and (D) of this	3917
section, "threatening or placing that other person in fear" means	3918
making a communication or performing an action of sufficient	3919
consequence to cause that other person to reasonably fear that	3920
noncompliance will result in that person or another being	3921
subjected to death, grievous bodily harm, or kidnapping.	3922

(b) For purposes of divisions (C) and (E) of this section,	3923
"threatening or placing that other person in fear" means making a	3924
communication or performing an action of sufficient consequence to	3925
cause a victim of the offense to reasonably fear that	3926
noncompliance will result in the victim or another being subjected	3927
to a lesser degree of harm than death, grievous bodily harm, or	3928
kidnapping.	3929

(B) Any person subject to this chapter who causes another	3930
person of any age to engage in a sexual act by doing any of the	3931
following is guilty of rape and shall be punished as a	3932
court-martial may direct:	3933

(1) Using force against that other person;

3934

(2) Causing grievous bodily harm to any person;

3935

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

3936

(4) Rendering another person unconscious;

3937

(5) Administering to another person by force or threat of	3938
force, or without the knowledge or permission of that person, a	3939
drug, intoxicant, or other similar substance that substantially	3940
impairs the ability of that other person to appraise or control	3941
conduct.	3942

(C) Any person subject to this chapter who does either of the	3943
following is guilty of aggravated sexual assault and shall be	3944
punished as a court-martial may direct:	3945

(1) Causes another person of any age to engage in a sexual	3946
act by doing either of the following:	3947

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

3948

(b) Causing bodily harm.

3949

(2) Engages in a sexual act with another person of any age if	3950
that other person is substantially incapable of doing any of the	3951
following:	3952

(a) Appraising the nature of the sexual act;

3953

(b) Declining to participate in the sexual act;

3954

3955

(D) Any person subject to this chapter who engages in sexual	3956
contact or causes sexual contact with or by another person by	3957
doing any of the following is guilty of aggravated sexual contact	3958
and shall be punished as a court-martial may direct:	3959

(1) Using force against that other person;

3960

(2) Causing grievous bodily harm to any person;

3961

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

3962

(4) Rendering another person unconscious;

3963

(5) Administering to another person by force or threat of	3964
force, or without the knowledge or permission of that person, a	3965
drug, intoxicant, or other similar substance that substantially	3966
impairs the ability of that other person to appraise or control	3967
conduct.	3968

(E) Any person subject to this chapter who does either of the	3969
following is guilty of abusive sexual contact and shall be	3970
punished as a court-martial may direct:	3971

(1) Engages in or causes sexual contact with or by another	3972
person by doing either of the following:	3973

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

3974

(b) Causing bodily harm.

3975

(2) Engages in sexual contact with another person of any age	3976
if that other person is substantially incapable of doing any of	3977
the following:	3978

(a) Appraising the nature of the sexual contact;

3979

(b) Declining to participate in the sexual contact;

3980

(c) Communicating unwillingness to engage in the sexual	3981
contact.	3982

(F) Any person subject to this chapter who engages in	3983
indecent conduct is guilty of an indecent act and shall be	3984
punished as a court-martial may direct.	3985

(G) Any person subject to this chapter who, without legal	3986
justification or lawful authorization, engages in sexual contact	3987
with another person without that other person's permission is	3988
guilty of wrongful sexual contact and shall be punished as a	3989
court-martial may direct.	3990

(H) Any person subject to this chapter who intentionally	3991
exposes, in an indecent manner, in any place where the conduct	3992
involved may reasonably be expected to be viewed by people other	3993
than members of the person's family or household, the person's	3994
genitalia, anus, buttock, or female areola or nipple is guilty of	3995
indecent exposure and shall be punished as a court-martial may	3996
direct.	3997

(I)In a prosecution under this section, in proving that the	3998
accused made a threat, it need not be proven that the accused	3999
actually intended to carry out the threat.	4000

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	4001
this section, it is an affirmative defense that the accused and	4002
the other person, when they engaged in the sexual conduct were	4003
married to each other.	4004

(2) Division (J)(1) of this section does not apply if the	4005
accused's intent at the time of the sexual conduct is to abuse,	4006
humiliate, or degrade any person.	4007

(K)(1) Lack of permission is an element of the offense under	4008
division (G) of this section. Consent and mistake of fact as to	4009
consent are affirmative defenses only to the sexual conduct in	4010
issue in a prosecution under division (B), (C), (D), or (E) of	4011
this section.	4012

(2) The enumeration in this section of some affirmative	4013
defenses shall not be construed as excluding the existence of	4014
other affirmative defenses.	4015

(3) The accused has the burden of proving an affirmative	4016
defense by a preponderance of evidence. After the defense meets	4017
this burden, the prosecution has the burden of proving beyond a	4018
reasonable doubt that the affirmative defense did not exist.	4019

(L)(1) An expression of lack of consent through words or	4020
conduct means there is no consent. Lack of verbal or physical	4021
resistance or submission resulting from an accused's use of force,	4022
threat of force, or placing another person in fear does not	4023
constitute consent. A current or previous dating relationship by	4024
itself or the manner of dress of a person involved with the	4025
accused in the sexual conduct does not constitute consent.	4026

(2) A person cannot consent to sexual conduct if the person	4027
is substantially incapable of any of the following:	4028

(a) Appraising the nature of the sexual conduct due to mental	4029
impairment or unconsciousness resulting from consumption of	4030
alcohol, drugs, or a similar substance or any other cause or to	4031
mental disease or defect that renders the person unable to	4032
understand the nature of the sexual conduct;	4033

(b) Physically declining to participate in the sexual	4034
conduct;	4035

(c) Physically communicating unwillingness to engage in the	4036
sexual conduct.	4037

(M) An accused's state of intoxication, if any, at the time	4038
of an offense under this section occurs is not relevant to the	4039
existence of a mistake of fact as to consent.	4040

Sec. 5924.128. (A) Any person subject to this code who	4041
attempts or offers with unlawful force or violence to do bodily	4042
harm to another person, whether or not the attempt or offer is	4043
consummated, is guilty of assault and shall be punished as a	4044
court-martial may direct.	4045

(B) Any person subject to this code who does either of the	4046
following is guilty of aggravated assault and shall be punished as	4047
a court-martial may direct:	4048

(1) Commits an assault with a dangerous weapon or other means	4049
or force likely to produce death or grievous bodily harm; or	4050

(2) Commits an assault and intentionally inflicts grievous	4051
bodily harm with or without a weapon;	4052

~~is guilty of aggravated assault and shall be punished as a~~	4053
~~court-martial may direct~~.	4054

Sec. 5924.131. Any person subject to this code who, in a	4055
judicial proceeding or in a course of justice conducted under this	4056
code, willfully and corruptly ~~gives, upon~~does either of the	4057
following is guilty of perjury and shall be punished as a	4058
court-martial may direct:	4059

(A) Upon a lawful oath or in any form allowed by law to be	4060
substituted for an oath, gives any false testimony material to the	4061
issue or matter of inquiry ~~is guilty of perjury and shall be~~	4062
~~punished as a court-martial may direct~~;	4063

(B) In any declaration, certification, verification, or	4064
statement made under penalty of perjury subscribes any false	4065
statement material to the issue or matter of inquiry.	4066

Sec. 5924.132. Any person subject to this code who does any	4067
of the following shall be punished as a court-martial may direct:	4068

(A) ~~Who, knowing it~~Knowing a claim to be false or fraudulent	4069
does either of the following:	4070

(1) Makes any claim against the United States, the state, or	4071
any officer ~~thereof~~of the United States or the state; or	4072

(2) Presents to any person in the civil or military service	4073
~~thereof~~of the United States or the state, for approval or	4074
payment, any claim against the United States, the state, or any	4075
officer ~~thereof~~of the United States or the state;	4076

(B) ~~Who, for~~For the purpose of obtaining the approval,	4077
allowance, or payment of any claim against the United States, the	4078
state, or any officer ~~thereof~~of the United States or the state	4079
does any of the following:	4080

(1) Makes or uses any writing or other paper knowing it to	4081
contain any false or fraudulent statements;	4082

(2) Makes any oath to any fact or to any writing or other	4083
paper knowing the oath to be false; or	4084

(3) Forges or counterfeits any signature upon any writing or	4085
other paper, or uses any ~~such~~forged or counterfeit signature	4086
knowing it to be forged or counterfeited;	4087

(C) ~~Who, having~~Having charge, possession, custody, or	4088
control of any money, or other property of the United States or	4089
the state, furnished or intended for the armed forces of the	4090
United States or the organized militia or any force thereof,	4091
knowingly delivers to any person having authority to receive it,	4092
any amount thereof less than that for which hethe person making	4093
the delivery receives a certificate or receipt; or	4094

(D) ~~Who, being~~Being authorized to make or deliver any paper	4095
certifying the receipt of any property of the United States or the	4096
state, furnished or intended for the armed forces of the United	4097
States or the organized militia or any force thereof, makes or	4098
delivers to any person such writing without having full knowledge	4099
of the truth of the statements therein contained and with intent	4100
to defraud the United States or the state;	4101

~~shall, upon conviction, be punished as a court-martial may direct~~.	4102

Sec. 5924.133. Any commissioned officer who is convicted of	4103
conduct unbecoming an officer and a lady or gentleman shall be	4104
punished as a court-martial may direct.	4105

Sec. 5924.146. No person may be tried or punished for any	4106
offense provided for in sections 5924.77 to 5924.134~~, inclusive,~~	4107
of the Revised Code and of this code, unless it was committed	4108
while hethe person was in a military or national guard technician	4109
duty status.	4110

Section 2. That existing sections 124.23, 124.26, 3319.085,	4111
3737.881, 3781.10, 4123.022, 5321.04, 5901.01, 5903.10, 5903.11,	4112
5911.07, 5923.12, 5924.01, 5924.02, 5924.03, 5924.06, 5924.07,	4113
5924.08, 5924.09, 5924.10, 5924.11, 5924.13, 5924.14, 5924.15,	4114
5924.16, 5924.17, 5924.18, 5924.19, 5924.20, 5924.22, 5924.23,	4115
5924.24, 5924.25, 5924.26, 5924.27, 5924.28, 5924.29, 5924.30,	4116
5924.31, 5924.32, 5924.33, 5924.34, 5924.35, 5924.36, 5924.37,	4117
5924.38, 5924.39, 5924.41, 5924.42, 5924.43, 5924.44, 5924.45,	4118
5924.46, 5924.47, 5924.48, 5924.49, 5924.50, 5924.51, 5924.52,	4119
5924.54, 5924.56, 5924.57, 5924.58, 5924.59, 5924.60, 5924.63,	4120
5924.72, 5924.73, 5924.74, 5924.75, 5924.76, 5924.77, 5924.78,	4121
5924.82, 5924.83, 5924.84, 5924.85, 5924.86, 5924.87, 5924.88,	4122
5924.89, 5924.90, 5924.91, 5924.92, 5924.93, 5924.94, 5924.95,	4123
5924.96, 5924.97, 5924.98, 5924.103, 5924.108, 5924.109, 5924.111,	4124
5924.113, 5924.115, 5924.128, 5924.131, 5924.132, 5924.133, and	4125
5924.146 and sections 5924.04, 5924.12, 5924.21, 5924.61,	4126
5924.62, 5924.64, 5924.65, 5924.66, 5924.70, 5924.71, 5924.99,	4127
5924.100, 5924.101, 5924.102, 5924.104, 5924.105, 5924.106,	4128
5924.110, 5924.114, 5924.118, 5924.119, 5924.120, 5924.122,	4129
5924.1231, 5924.124, 5924.125, 5924.126, 5924.129, 5924.130,	4130
5924.145, and 5924.147 of the Revised Code are hereby repealed.	4131