As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Am. Sub. H. B. No. 490

Representatives Dovilla, Landis 

Cosponsors: Representatives Johnson, Pillich, Bubp, Martin, Milkovich, Rosenberger, Yuko, Adams, R., Amstutz, Anielski, Antonio, Baker, Barnes, Beck, Blair, Blessing, Boose, Boyd, Brenner, Buchy, Budish, Carney, Celebrezze, Celeste, Cera, Combs, Conditt, Damschroder, Derickson, DeVitis, Driehaus, Duffey, Fedor, Fende, Foley, Gardner, Garland, Gerberry, Gonzales, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Hill, Hottinger, Huffman, Kozlowski, Letson, Lundy, Lynch, Maag, McClain, Murray, Newbold, O'Brien, Patmon, Pelanda, Phillips, Ramos, Reece, Ruhl, Schuring, Sears, Slesnick, Smith, Sprague, Stebelton, Stinziano, Szollosi, Terhar, Thompson, Uecker, Williams, Young Speaker Batchelder 

Senators LaRose, Tavares, Brown, Bacon, Balderson, Beagle, Burke, Coley, Faber, Gentile, Hite, Hughes, Jones, Jordan, Kearney, Lehner, Manning, Niehaus, Obhof, Oelslager, Peterson, Sawyer, Schiavoni, Seitz, Turner, Wagoner, Widener, Patton 

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A BILL

To amend sections 124.23, 124.26, 149.01, 317.24,

1

3319.085, 3333.31, 3737.881, 3781.10, 5321.04,

2

5902.02, 5903.10, 5903.11, 5911.07, 5923.12,

3

5924.01, 5924.02, 5924.03, 5924.06, 5924.07,

4

5924.08, 5924.09, 5924.10, 5924.11, 5924.13,

5

5924.14, 5924.15, 5924.16, 5924.17, 5924.18,

6

5924.19, 5924.20, 5924.22, 5924.23, 5924.24,

7

5924.25, 5924.26, 5924.27, 5924.28, 5924.29,

8

5924.30, 5924.31, 5924.32, 5924.33, 5924.34,

9

5924.35, 5924.36, 5924.37, 5924.38, 5924.39,

10

5924.41, 5924.42, 5924.43, 5924.44, 5924.45,

11

5924.46, 5924.47, 5924.48, 5924.49, 5924.50,

12

5924.51, 5924.52, 5924.54, 5924.56, 5924.57,

13

5924.58, 5924.59, 5924.60, 5924.63, 5924.72,

14

5924.73, 5924.74, 5924.75, 5924.76, 5924.77,

15

5924.78, 5924.82, 5924.83, 5924.84, 5924.85,

16

5924.86, 5924.87, 5924.88, 5924.89, 5924.90,

17

5924.91, 5924.92, 5924.93, 5924.94, 5924.95,

18

5924.96, 5924.97, 5924.98, 5924.103, 5924.108,

19

5924.109, 5924.111, 5924.113, 5924.115, 5924.128,

20

5924.131, 5924.132, 5924.133, and 5924.146, to

21

enact new sections 5924.21, 5924.61, 5924.62,

22

5924.64, 5924.65, 5924.66, 5924.70, 5924.71, and

23

5924.120 and sections 4743.04, 5924.501, 5924.502,

24

5924.503, 5924.504, 5924.505, 5924.506, 5924.581,

25

5924.582, 5924.67, 5924.68, 5924.69, 5924.761, and

26

5924.1121, and to repeal sections 5924.04,

27

5924.12, 5924.21, 5924.61, 5924.62, 5924.64,

28

5924.65, 5924.66, 5924.70, 5924.71, 5924.99,

29

5924.100, 5924.101, 5924.102, 5924.104, 5924.105,

30

5924.106, 5924.110, 5924.114, 5924.118, 5924.119,

31

5924.120, 5924.122, 5924.1231, 5924.124, 5924.125,

32

5924.126, 5924.129, 5924.130, 5924.145, and

33

5924.147 of the Revised Code to change the law

34

regarding a County Recorder's release of a

35

veteran's record of discharge, to modify the

36

duties of the Director of Veterans Services with

37

respect to publishing information about Veterans

38

Services offices, to modify the composition of the

39

Veterans Advisory Committee, to grant in-state

40

tuition for nonresident spouses and dependents of

41

veterans who served on active duty and are

42

deceased, to allow extra credit to military

43

veterans and reserve component members on state

44

civil service examinations, to provide for the

45

reemployment of nonteaching school employees

46

following military service in accordance with

47

federal law, to extend the period of time within

48

which persons serving in the Ohio National Guard

49

may meet continuing education requirements for

50

occupational licenses and renew their licenses, to

51

require that workers' compensation claims of

52

members of the organized militia be determined in

53

accordance with applicable line of duty

54

regulations, to require landlords to observe the

55

rights of tenants who are service members under

56

federal law, to modify the order of priority in

57

which veterans may participate in job training

58

programs, to permit but not require the use of

59

armories by patriotic and national organizations,

60

to update references in the Revised Code to

61

federal statutes relating to the National Guard,

62

to conform the Ohio Code of Military Justice to

63

the United States Code of Military Justice, and to

64

make other changes to the Ohio Code of Military

65

Justice.

66

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

Section 1. That sections 124.23, 124.26, 149.01, 317.24,	67
3319.085, 3333.31, 3737.881, 3781.10, 5321.04, 5902.02, 5903.10,	68
5903.11, 5911.07, 5923.12, 5924.01, 5924.02, 5924.03, 5924.06,	69
5924.07, 5924.08, 5924.09, 5924.10, 5924.11, 5924.13, 5924.14,	70
5924.15, 5924.16, 5924.17, 5924.18, 5924.19, 5924.20, 5924.22,	71
5924.23, 5924.24, 5924.25, 5924.26, 5924.27, 5924.28, 5924.29,	72
5924.30, 5924.31, 5924.32, 5924.33, 5924.34, 5924.35, 5924.36,	73
5924.37, 5924.38, 5924.39, 5924.41, 5924.42, 5924.43, 5924.44,	74
5924.45, 5924.46, 5924.47, 5924.48, 5924.49, 5924.50, 5924.51,	75
5924.52, 5924.54, 5924.56, 5924.57, 5924.58, 5924.59, 5924.60,	76
5924.63, 5924.72, 5924.73, 5924.74, 5924.75, 5924.76, 5924.77,	77
5924.78, 5924.82, 5924.83, 5924.84, 5924.85, 5924.86, 5924.87,	78
5924.88, 5924.89, 5924.90, 5924.91, 5924.92, 5924.93, 5924.94,	79
5924.95, 5924.96, 5924.97, 5924.98, 5924.103, 5924.108, 5924.109,	80
5924.111, 5924.113, 5924.115, 5924.128, 5924.131, 5924.132,	81
5924.133, and 5924.146 be amended and new sections 5924.21,	82
5924.61, 5924.62, 5924.64, 5924.65, 5924.66, 5924.70, 5924.71, and	83
5924.120 and sections 4743.04, 5924.501, 5924.502, 5924.503,	84
5924.504, 5924.505, 5924.506, 5924.581, 5924.582, 5924.67,	85
5924.68, 5924.69, 5924.761, and 5924.1121 of the Revised Code be	86
enacted to read as follows:	87

Sec. 124.23.  (A) All applicants for positions and places in	88
the classified service shall be subject to examination, except for	89
applicants for positions as professional or certified service and	90
paraprofessional employees of county boards of developmental	91
disabilities, who shall be hired in the manner provided in section	92
124.241 of the Revised Code.	93

(B) Any examination administered under this section shall be	94
public and be open to all citizens of the United States and those	95
persons who have legally declared their intentions of becoming	96
United States citizens. For examinations administered for	97
positions in the service of the state, the director of	98
administrative services or the director's designee may determine	99
certain limitations as to citizenship, age, experience, education,	100
health, habit, and moral character.	101

(C)(1) Any person who has completed service in the uniformed	102
services, who has been honorably discharged from the uniformed	103
services or transferred to the reserve with evidence of	104
satisfactory service, and who is a resident of this state and any	105
member of the national guard or a reserve component of the armed	106
forces of the United States, including the Ohio national guard,	107
who has completed more than one hundred eighty days of active duty	108
service pursuant to an executive order of the president of the	109
United States or an act of the congress of the United States may	110
file with the director a certificate of service or honorable	111
discharge, and, upon this filing, the person shall receive	112
additional credit of twenty per cent of the person's total grade	113
given in the examination in which the person receives a passing	114
grade. A person who receives an additional credit under division	115
(C)(1) of this section shall not receive an additional credit	116
under division (C)(2) of this section.	117

(2) A member in good standing of a reserve component of the	118
armed forces of the United States, including the Ohio national	119
guard, who successfully completes the member's initial entry-level	120
training shall receive a credit of fifteen per cent of the	121
person's total grade given in the examination in which the person	122
receives a passing grade.	123

(3) As used in this division, "service in the uniformed	124
services" and "uniformed services" have the same meanings as in	125
the "Uniformed Services Employment and Reemployment Rights Act of	126
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	127

(D) An examination may include an evaluation of such factors	128
as education, training, capacity, knowledge, manual dexterity, and	129
physical or psychological fitness. An examination shall consist of	130
one or more tests in any combination. Tests may be written, oral,	131
physical, demonstration of skill, or an evaluation of training and	132
experiences and shall be designed to fairly test the relative	133
capacity of the persons examined to discharge the particular	134
duties of the position for which appointment is sought. Tests may	135
include structured interviews, assessment centers, work	136
simulations, examinations of knowledge, skills, and abilities, and	137
any other acceptable testing methods. If minimum or maximum	138
requirements are established for any examination, they shall be	139
specified in the examination announcement.	140

(E) Except as otherwise provided in sections 124.01 to 124.64	141
of the Revised Code, when a position in the classified service of	142
the state is to be filled, an examination shall be administered.	143
The director of administrative services shall have control of all	144
examinations administered for positions in the service of the	145
state and all other examinations the director administers as	146
provided in section 124.07 of the Revised Code, except as	147
otherwise provided in sections 124.01 to 124.64 of the Revised	148
Code. The director shall, by rule adopted under Chapter 119. of	149
the Revised Code, prescribe the notification method that is to be	150
used by an appointing authority to notify the director that a	151
position in the classified service of the state is to be filled.	152
In addition to the positions described in section 124.30 of the	153
Revised Code, the director may, with sufficient justification from	154
the appointing authority, allow the appointing authority to fill	155
the position by noncompetitive examination. The director shall	156
establish, by rule adopted under Chapter 119. of the Revised Code,	157
standards that the director shall use to determine what serves as	158
sufficient justification from an appointing authority to fill a	159
position by noncompetitive examination.	160

(F) No questions in any examination shall relate to political	161
or religious opinions or affiliations. No credit for seniority,	162
efficiency, or any other reason shall be added to an applicant's	163
examination grade unless the applicant achieves at least the	164
minimum passing grade on the examination without counting that	165
extra credit.	166

(G) Except as otherwise provided in sections 124.01 to 124.64	167
of the Revised Code, the director of administrative services or	168
the director's designee shall give reasonable notice of the time,	169
place, and general scope of every competitive examination for	170
appointment that the director or the director's designee	171
administers for positions in the classified service of the state.	172
The director or the director's designee shall post notices via	173
electronic media of every examination to be conducted for	174
positions in the classified civil service of the state. The	175
electronic notice shall be posted on the director's internet site	176
on the world wide web for a minimum of one week preceding any	177
examination involved.	178

Sec. 124.26.  From the returns of the examinations, the	179
director of administrative services or the director's designee	180
shall prepare an eligible list of the persons whose general	181
average standing upon examinations for the class or position is	182
not less than the minimum fixed by the rules of the director, and	183
who are otherwise eligible. Those persons shall take rank upon the	184
eligible list as candidates in the order of their relative	185
excellence as determined by the examination without reference to	186
priority of the time of examination. If two or more applicants	187
receive the same mark in an open competitive examination, priority	188
in the time of filing the application with the director or the	189
director's designee shall determine the order in which their names	190
shall be placed on the eligible list, except that applicants	191
eligible for the veteran's or the reserve component member's	192
preference under section 124.23 of the Revised Code shall receive	193
priority in rank on the eligible list over nonveterans and	194
nonmembers of the reserve component on the list with a rating	195
equal to that of the veteran or reserve component member. Ties	196
among veterans or among reserve component members shall be decided	197
by priority of filing the application. A tie between a veteran	198
and a reserve component member shall be decided in favor of the	199
veteran.	200

. An eligible list expires upon the filling or closing of the	201
position. An expired eligible list may be used to fill a position	202
of the same classification within the same appointing authority	203
for which the list was created. But, in no event shall an expired	204
list be used more than one year past its expiration date.	205

Sec. 149.01.  Each elective state officer, the adjutant	206
general, the adult parole authority, the department of	207
agriculture, the director of administrative services, the public	208
utilities commission, the superintendent of insurance, the	209
superintendent of financial institutions, the superintendent of	210
purchases and printing, the state commissioner of soldiers'	211
claims, the fire marshal, the industrial commission, the	212
administrator of workers' compensation, the state department of	213
transportation, the department of health, the state medical board,	214
the state dental board, the board of embalmers and funeral	215
directors, the Ohio commission for the blind, the accountancy	216
board of Ohio, the state council of uniform state laws, the board	217
of commissioners of the sinking fund, the department of taxation,	218
the board of tax appeals, the division of liquor control, the	219
director of state armories, the trustees of the Ohio state	220
university, and every private or quasi-public institution,	221
association, board, or corporation receiving state money for its	222
use and purpose shall make annually, at the end of each fiscal	223
year, in quadruplicate, a report of the transactions and	224
proceedings of that office or department for that fiscal year,	225
excepting receipts and disbursements unless otherwise specifically	226
required by law. The report shall contain a summary of the	227
official acts of the officer, board, council, commission,	228
institution, association, or corporation and any suggestions and	229
recommendations that are proper. On the first day of August of	230
each year, one of the reports shall be filed with the governor,	231
one with the secretary of state, and one with the state library,	232
and one shall be kept on file in the office of the officer, board,	233
council, commission, institution, association, or corporation.	234

Sec. 317.24.  (A) As used in this section:

235

(1) "Authorized party" means any of the following:

236

(a) The person who is the subject of the record of discharge;

237

(b) A county veterans service officer, or anwho is certified	238
by the department of veterans services;	239

(c) An attorney-in-fact, agent, or other representative of	240
the person who is the subject of the record of discharge, if	241
authorized to inspect or copy the record of discharge by that	242
person in a power of attorney or other document;	243

(c)(d) A person authorized, for good cause shown, by a court	244
of record to inspect or copy the record of discharge;	245

(d)(e) If the person who is the subject of the record of	246
discharge is deceased, the executor or administrator, or an heir,	247
legatee, or devisee, of the person's estate or a funeral director	248
who is to perform the funeral for the deceased person.	249

(2) "Separation code" or "separation program number" means	250
the coded number or numbers used to specify the reasons for a	251
person's separation from active duty, as contained in one of the	252
following:	253

(a) Regarding a separation code, as contained in line 23 or	254
26 of a veteran's discharge paper, United States department of	255
defense form DD-214;	256

(b) Regarding a separation program number, as contained in	257
line 9(c) or line 11(c) of a veteran's discharge paper, under	258
prior versions of United States department of defense form DD-214.	259

(3) "Service-related document" means any United States	260
department of defense form DD-215 or DD-220, or any National Guard	261
Bureau form NGB-22 or NGB-22A.	262

(B)(1) Upon request of any discharged member of the armed	263
forces of the United States and presentation of the member's	264
discharge, the county recorder shall record the discharge in a	265
book to be furnished by the board of county commissioners for that	266
purpose. There shall be no fee for the recording. The record of	267
discharge, or a certified copy of the record, shall be received in	268
evidence in all cases where the original discharge would be	269
received.	270

(2)(a) A discharge recorded under division (B)(1) or (D) of	271
this section is not a public record under section 149.43 of the	272
Revised Code for a period of seventy-five years after the date of	273
the recording. During that period, the county recorder's office	274
shall make the record of discharge available only to an authorized	275
party or to a person other than an authorized party as provided by	276
division (B)(2)(b) of this section. Except as provided in section	277
317.27 of the Revised Code, the authorized party shall pay the	278
reasonable costs of copying the record of discharge.	279

(b) A person other than an authorized party may request to	280
view or receive a copy of a discharge record recorded under	281
division (B)(1) or (D) of this section. Upon such a person's	282
request, the county recorder's office shall provide a copy of the	283
discharged record to the person that shall be redacted to contain	284
only the name, rank, date of birth, date of discharge, and type of	285
discharge of the person who is the subject of the discharge	286
record. Except as provided in section 317.27 of the Revised Code,	287
a person other than an authorized party shall pay the reasonable	288
costs of copying the record of discharge.	289

(3) A county veterans service officer, who is an authorized	290
party, may request to receive, from a county recorder's office, a	291
record of discharge if the veterans service officer has a need for	292
access to the record of discharge for the purpose of supporting a	293
veteran's claim for benefits, and the county recorder's office	294
shall make the record available to the county veterans service	295
officer.	296

(C) Upon application by a person whose discharge has been	297
recorded pursuant to this section, the county recorder shall,	298
without fee, expunge the person's record of discharge, expunge the	299
person's separation program number or separation code from the	300
person's record of discharge and from any of the person's other	301
service-related documents that have been recorded, or expunge the	302
person's social security number from the person's record of	303
discharge and from any of the person's other service-related	304
documents that have been recorded. The application shall be in the	305
following form:	306

"APPLICATION FOR EXPUNGEMENT	307

OF DISCHARGE RECORD OR OTHER INFORMATION	308

I, ................ (Name of Applicant), the undersigned,	309
hereby request the County Recorder of the County of ............	310
(Name of County), state of Ohio, to expunge my .......... (Insert	311
Record of Discharge, Separation Program Number or Separation Code	312
from my Record of Discharge and other service-related documents,	313
or Social Security Number from my Record of Discharge and other	314
service-related documents).	315

Dated this .......... day of .........., .....

316

.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	317
Applicant) on .........., .....	318

........................................

Notary	319
Public

My commission expires ..........,	320
....."

(D) Upon the request of any person who served during World	321
War I or World War II as a member of any armed force of the	322
government of Poland or Czechoslovakia and participated while so	323
serving in armed conflict with an enemy of the United States and	324
who has been a citizen of the United States for at least ten	325
years, and the presentation of the person's discharge, the county	326
recorder shall record the person's discharge in a book to be	327
furnished by the board of county commissioners for that purpose.	328
No fee shall be charged for the recording. The record, or a	329
certified copy of it, shall be received in evidence in all cases	330
where the original would be received.	331

Sec. 3319.085.  Any nonteaching school employee who,	332
subsequent to September 1, 1962, has left, or leaves, the employ	333
of a board of education for the purpose of entering on extended	334
active duty in the armed services of the United States or the	335
auxiliaries thereof, and within eight weeks enters such service	336
performs service in the uniformed services or service under	337
section 5923.12 of the Revised Code and who has returned, or	338
returns, from suchthat service with an honorablea discharge	339
under honorable conditions or certificate ofis released from	340
service under section 5923.12 of the Revised Code shall be	341
re-employed by the board of education of the district in which he	342
the nonteaching school employee held suchthe nonteaching school	343
employee position, under the same type of contract as that which	344
he last held in such district, if such nonteaching school employee	345
applies, within ninety days after such discharge, to such board of	346
education for re-employment. Upon such application, such	347
nonteaching school employee shall be re-employed at the first of	348
the next school semester, if such application is made not less	349
than thirty days prior to the first of such next school semester,	350
in which case such nonteaching school employee shall be	351
re-employed the first of the following school semester, unless the	352
board of education waives the requirement for such thirty-day	353
period.	354

For the purposes of seniority and placement on the salary	355
schedule, years of absence on extended active duty in the armed	356
services of the United States or the auxiliaries thereof shall not	357
exceed four, and shall be counted as though school service had	358
been performed during such timeas required by the "Uniformed	359
Services Employment and Reemployment Rights Act of 1994," 108	360
Stat. 3149, 38 U.S.C. 4303.	361

The board of education of thisthe district in which suchthe	362
nonteaching school employee was employed and is re-employed under	363
this section may suspend the contract of the nonteaching school	364
employee whose services become unnecessary by reason of the return	365
of a nonteaching school employee from service in the armed	366
uniformed services or auxiliaries thereof.	367

As used in this section, "service in the uniformed services"	368
and "uniformed services" have the same meanings as in the	369
"Uniformed Services Employment and Reemployment Rights Act of	370
1994," 108 Stat. 3149, 38 U.S.C. 4303.	371

Sec. 3333.31.  (A) For state subsidy and tuition surcharge	372
purposes, status as a resident of Ohio shall be defined by the	373
chancellor of the Ohio board of regents by rule promulgated	374
pursuant to Chapter 119. of the Revised Code. No adjudication as	375
to the status of any person under such rule, however, shall be	376
required to be made pursuant to Chapter 119. of the Revised Code.	377
The term "resident" for these purposes shall not be equated with	378
the definition of that term as it is employed elsewhere under the	379
laws of this state and other states, and shall not carry with it	380
any of the legal connotations appurtenant thereto. Rather, except	381
as provided in divisions (B) and (D) of this section, for such	382
purposes, the rule promulgated under this section shall have the	383
objective of excluding from treatment as residents those who are	384
present in the state primarily for the purpose of attending a	385
state-supported or state-assisted institution of higher education,	386
and may prescribe presumptive rules, rebuttable or conclusive, as	387
to such purpose based upon the source or sources of support of the	388
student, residence prior to first enrollment, evidence of	389
intention to remain in the state after completion of studies, or	390
such other factors as the chancellor deems relevant.	391

(B) The rules of the chancellor for determining student	392
residency shall grant residency status to a veteran and to the	393
veteran's spouse and any dependent of the veteran, if both of the	394
following conditions are met:	395

(1) The veteran either:

396

(a) Served one or more years on active military duty and was	397
honorably discharged or received a medical discharge that was	398
related to the military service;	399

(b) Was killed while serving on active military duty or has	400
been declared to be missing in action or a prisoner of war.	401

(2) If the veteran seeks residency status for tuition	402
surcharge purposes, the veteran has established domicile in this	403
state as of the first day of a term of enrollment in an	404
institution of higher education. If the spouse or a dependent of	405
the veteran seeks residency status for tuition surcharge purposes,	406
the veteran and the spouse or dependent seeking residency status	407
have established domicile in this state as of the first day of a	408
term of enrollment in an institution of higher education, except	409
that if the veteran was killed while serving on active military	410
duty or, has been declared to be missing in action or a prisoner	411
of war, or is deceased after discharge, only the spouse or	412
dependent seeking residency status shall be required to have	413
established domicile in accordance with this division.	414

(C) The rules of the chancellor for determining student	415
residency shall not deny residency status to a student who is	416
either a dependent child of a parent, or the spouse of a person	417
who, as of the first day of a term of enrollment in an institution	418
of higher education, has accepted full-time employment and	419
established domicile in this state for reasons other than gaining	420
the benefit of favorable tuition rates.	421

Documentation of full-time employment and domicile shall	422
include both of the following documents:	423

(1) A sworn statement from the employer or the employer's	424
representative on the letterhead of the employer or the employer's	425
representative certifying that the parent or spouse of the student	426
is employed full-time in Ohio;	427

(2) A copy of the lease under which the parent or spouse is	428
the lessee and occupant of rented residential property in the	429
state, a copy of the closing statement on residential real	430
property of which the parent or spouse is the owner and occupant	431
in this state or, if the parent or spouse is not the lessee or	432
owner of the residence in which the parent or spouse has	433
established domicile, a letter from the owner of the residence	434
certifying that the parent or spouse resides at that residence.	435

Residency officers may also evaluate, in accordance with the	436
chancellor's rule, requests for immediate residency status from	437
dependent students whose parents are not living and whose domicile	438
follows that of a legal guardian who has accepted full-time	439
employment and established domicile in the state for reasons other	440
than gaining the benefit of favorable tuition rates.	441

(D)(1) The rules of the chancellor for determining student	442
residency shall grant residency status to a person who, while a	443
resident of this state for state subsidy and tuition surcharge	444
purposes, graduated from a high school in this state or completed	445
the final year of instruction at home as authorized under section	446
3321.04 of the Revised Code, if the person enrolls in an	447
institution of higher education and establishes domicile in this	448
state, regardless of the student's residence prior to that	449
enrollment.	450

(2) The rules of the chancellor for determining student	451
residency shall not grant residency status to an alien if the	452
alien is not also an immigrant or a nonimmigrant.	453

(E) As used in this section:

454

(1) "Dependent," "domicile," "institution of higher	455
education," and "residency officer" have the meanings ascribed in	456
the chancellor's rules adopted under this section.	457

(2) "Alien" means a person who is not a United States citizen	458
or a United States national.	459

(3) "Immigrant" means an alien who has been granted the right	460
by the United States bureau of citizenship and immigration	461
services to reside permanently in the United States and to work	462
without restrictions in the United States.	463

(4) "Nonimmigrant" means an alien who has been granted the	464
right by the United States bureau of citizenship and immigration	465
services to reside temporarily in the United States.	466

Sec. 3737.881.  (A) The fire marshal shall certify	467
underground storage tank systems installers who meet the standards	468
for certification established in rules adopted under division	469
(D)(1) of this section, pass the certification examination	470
required by this division, and pay the certificate fee established	471
in rules adopted under division (D)(5) of this section. Any	472
individual who wishes to obtain certification as an installer	473
shall apply to the fire marshal on a form prescribed by the fire	474
marshal. The application shall be accompanied by the application	475
and examination fees established in rules adopted under division	476
(D)(5) of this section.	477

The fire marshal shall prescribe an examination designed to	478
test the knowledge of applicants for certification as underground	479
storage tank system installers in the installation, repair,	480
abandonment, and removal of those systems. The examination shall	481
also test the applicants' knowledge and understanding of the	482
requirements and standards established in rules adopted under	483
sections 3737.88 and 3737.882 of the Revised Code pertaining to	484
the installation, repair, abandonment, and removal of those	485
systems.	486

Installer certifications issued under this division shall be	487
renewed annually, upon submission of a certification renewal form	488
prescribed by the fire marshal, provision of proof of successful	489
completion of continuing education requirements, and payment of	490
the certification renewal fee established in rules adopted under	491
division (D)(5) of this section. In addition, the fire marshal may	492
from time to time prescribe an examination for certification	493
renewal and may require applicants to pass the examination and pay	494
the fee established for it in rules adopted under division (D)(5)	495
of this section.	496

The fire marshal may, in accordance with Chapter 119. of the	497
Revised Code, deny, suspend, revoke, or refuse to renew an	498
installer's certification or renewal thereof if he findsafter	499
finding that any of the following applies:	500

(1) The applicant for certification or certificate holder	501
fails to meet the standards for certification or renewal thereof	502
under this section and rules adopted under it;	503

(2) The certification was obtained through fraud or	504
misrepresentation;	505

(3) The certificate holder recklessly caused or permitted a	506
person under histhe certificate holder's supervision to install,	507
perform major repairs on site to, abandon, or remove an	508
underground storage tank system in violation of the performance	509
standards set forth in rules adopted under section 3737.88 or	510
3737.882 of the Revised Code.	511

As used in division (A)(3) of this section, "recklessly" has	512
the same meaning as in section 2901.22 of the Revised Code.	513

(B) The fire marshal shall certify persons who sponsor	514
training programs for underground storage tank system installers	515
who meet the criteria for certification established in rules	516
adopted by the fire marshal under division (D)(4) of this section	517
and pay the certificate fee established in rules adopted under	518
division (D)(5) of this section. Any person who wishes to obtain	519
certification to sponsor such a training program shall apply to	520
the fire marshal on a form prescribed by himthe fire marshal.	521
Training program certificates issued under this division shall	522
expire annually. Upon submission of a certification renewal	523
application form prescribed by the fire marshal and payment of the	524
application and certification renewal fees established in rules	525
adopted under division (D)(5) of this section, the fire marshal	526
shall issue a training program renewal certificate to the	527
applicant.	528

The fire marshal may, in accordance with Chapter 119. of the	529
Revised Code, deny an application for, suspend, or revoke a	530
training program certificate or renewal thereof if he findsor	531
renewal of a training program certificate after finding that the	532
training program does not or will not meet the standards for	533
certification established in rules adopted under division (D)(4)	534
of this section.	535

(C) The fire marshal may conduct or cause to be conducted	536
training programs for underground storage tank systems installers	537
as hethe fire marshal considers to be necessary or appropriate.	538
The fire marshal is not subject to division (B) of this section	539
with respect to training programs conducted by employees of the	540
office of the fire marshal.	541

(D) The fire marshal shall adopt, and may amend and rescind,	542
rules doing all of the following:	543

(1) Defining the activities that constitute supervision over	544
the installation, performance of major repairs on site to,	545
abandonment of, and removal of underground storage tank systems;	546

(2) Establishing standards and procedures for certification	547
of underground storage tank systems installers;	548

(3) Establishing standards and procedures for continuing	549
education for certification renewal, subject to the provisions of	550
section 5903.12 of the Revised Code relating to active duty	551
military service;	552

(4) Establishing standards and procedures for certification	553
of training programs for installers;	554

(5) Establishing fees for applications for certifications	555
under this section, the examinations prescribed under division (A)	556
of this section, the issuance and renewal of certificates under	557
divisions (A) and (B) of this section, and attendance at training	558
programs conducted by the fire marshal under division (C) of this	559
section. Fees received under this section shall be credited to the	560
underground storage tank administration fund created in section	561
3737.02 of the Revised Code and shall be used to defray the costs	562
of implementing, administering, and enforcing this section and the	563
rules adopted thereunder, conducting training sessions, and	564
facilitating prevention of releases.	565

(6) That are necessary or appropriate for the implementation,	566
administration, and enforcement of this section.	567

(E) Nothing in this section or the rules adopted under it	568
prohibits an owner or operator of an underground storage tank	569
system from installing, making major repairs on site to,	570
abandoning, or removing an underground storage tank system under	571
the supervision of an installer certified under division (A) of	572
this section who is a full-time or part-time employee of the owner	573
or operator.	574

(F) On and after the date one hundred eighty days after the	575
effective date of this sectionJanuary 7, 1990, no person shall do	576
any of the following:	577

(1) Install, make major repairs on site to, abandon, or	578
remove an underground storage tank system unless the activity is	579
performed under the supervision of a qualified individual who	580
holds a valid installer certificate issued under division (A) of	581
this section;	582

(2) Act in the capacity of providing supervision for the	583
installation of, performance of major repairs on site to,	584
abandonment of, or removal of an underground storage tank system	585
unless the person holds a valid installer certificate issued under	586
division (A) of this section;	587

(3) Except as provided in division (C) of this section,	588
sponsor a training program for underground storage tank systems	589
installers unless the person holds a valid training program	590
certificate issued under division (B) of this section.	591

Sec. 3781.10. (A)(1) The board of building standards shall	592
formulate and adopt rules governing the erection, construction,	593
repair, alteration, and maintenance of all buildings or classes of	594
buildings specified in section 3781.06 of the Revised Code,	595
including land area incidental to those buildings, the	596
construction of industrialized units, the installation of	597
equipment, and the standards or requirements for materials used in	598
connection with those buildings. The board shall incorporate those	599
rules into separate residential and nonresidential building codes.	600
The standards shall relate to the conservation of energy and the	601
safety and sanitation of those buildings.	602

(2) The rules governing nonresidential buildings are the	603
lawful minimum requirements specified for those buildings and	604
industrialized units, except that no rule other than as provided	605
in division (C) of section 3781.108 of the Revised Code that	606
specifies a higher requirement than is imposed by any section of	607
the Revised Code is enforceable. The rules governing residential	608
buildings are uniform requirements for residential buildings in	609
any area with a building department certified to enforce the state	610
residential building code. In no case shall any local code or	611
regulation differ from the state residential building code unless	612
that code or regulation addresses subject matter not addressed by	613
the state residential building code or is adopted pursuant to	614
section 3781.01 of the Revised Code.	615

(3) The rules adopted pursuant to this section are complete,	616
lawful alternatives to any requirements specified for buildings or	617
industrialized units in any section of the Revised Code. Except as	618
otherwise provided in division (I) of this section, the board	619
shall, on its own motion or on application made under sections	620
3781.12 and 3781.13 of the Revised Code, formulate, propose,	621
adopt, modify, amend, or repeal the rules to the extent necessary	622
or desirable to effectuate the purposes of sections 3781.06 to	623
3781.18 of the Revised Code.	624

(B) The board shall report to the general assembly proposals	625
for amendments to existing statutes relating to the purposes	626
declared in section 3781.06 of the Revised Code that public health	627
and safety and the development of the arts require and shall	628
recommend any additional legislation to assist in carrying out	629
fully, in statutory form, the purposes declared in that section.	630
The board shall prepare and submit to the general assembly a	631
summary report of the number, nature, and disposition of the	632
petitions filed under sections 3781.13 and 3781.14 of the Revised	633
Code.	634

(C) On its own motion or on application made under sections	635
3781.12 and 3781.13 of the Revised Code, and after thorough	636
testing and evaluation, the board shall determine by rule that any	637
particular fixture, device, material, process of manufacture,	638
manufactured unit or component, method of manufacture, system, or	639
method of construction complies with performance standards adopted	640
pursuant to section 3781.11 of the Revised Code. The board shall	641
make its determination with regard to adaptability for safe and	642
sanitary erection, use, or construction, to that described in any	643
section of the Revised Code, wherever the use of a fixture,	644
device, material, method of manufacture, system, or method of	645
construction described in that section of the Revised Code is	646
permitted by law. The board shall amend or annul any rule or issue	647
an authorization for the use of a new material or manufactured	648
unit on any like application. No department, officer, board, or	649
commission of the state other than the board of building standards	650
or the board of building appeals shall permit the use of any	651
fixture, device, material, method of manufacture, newly designed	652
product, system, or method of construction at variance with what	653
is described in any rule the board of building standards adopts or	654
issues or that is authorized by any section of the Revised Code.	655
Nothing in this section shall be construed as requiring approval,	656
by rule, of plans for an industrialized unit that conforms with	657
the rules the board of building standards adopts pursuant to	658
section 3781.11 of the Revised Code.	659

(D) The board shall recommend rules, codes, and standards to	660
help carry out the purposes of section 3781.06 of the Revised Code	661
and to help secure uniformity of state administrative rulings and	662
local legislation and administrative action to the bureau of	663
workers' compensation, the director of commerce, any other	664
department, officer, board, or commission of the state, and to	665
legislative authorities and building departments of counties,	666
townships, and municipal corporations, and shall recommend that	667
they audit those recommended rules, codes, and standards by any	668
appropriate action that they are allowed pursuant to law or the	669
constitution.	670

(E)(1) The board shall certify municipal, township, and	671
county building departments and the personnel of those building	672
departments, and persons and employees of individuals, firms, or	673
corporations as described in division (E)(7) of this section to	674
exercise enforcement authority, to accept and approve plans and	675
specifications, and to make inspections, pursuant to sections	676
3781.03, 3791.04, and 4104.43 of the Revised Code.	677

(2) The board shall certify departments, personnel, and	678
persons to enforce the state residential building code, to enforce	679
the nonresidential building code, or to enforce both the	680
residential and the nonresidential building codes. Any department,	681
personnel, or person may enforce only the type of building code	682
for which certified.	683

(3) The board shall not require a building department, its	684
personnel, or any persons that it employs to be certified for	685
residential building code enforcement if that building department	686
does not enforce the state residential building code. The board	687
shall specify, in rules adopted pursuant to Chapter 119. of the	688
Revised Code, the requirements for certification for residential	689
and nonresidential building code enforcement, which shall be	690
consistent with this division. The requirements for residential	691
and nonresidential certification may differ. Except as otherwise	692
provided in this division, the requirements shall include, but are	693
not limited to, the satisfactory completion of an initial	694
examination and, to remain certified, the completion of a	695
specified number of hours of continuing building code education	696
within each three-year period following the date of certification	697
which shall be not less than thirty hours. The rules shall provide	698
that continuing education credits and certification issued by the	699
council of American building officials, national model code	700
organizations, and agencies or entities the board recognizes are	701
acceptable for purposes of this division. The rules shall specify	702
requirements that are consistent with the provisions of section	703
5903.12 of the Revised Code relating to active duty military	704
service and are compatible, to the extent possible, with	705
requirements the council of American building officials and	706
national model code organizations establish.	707

(4) The board shall establish and collect a certification and	708
renewal fee for building department personnel, and persons and	709
employees of persons, firms, or corporations as described in this	710
section, who are certified pursuant to this division.	711

(5) Any individual certified pursuant to this division shall	712
complete the number of hours of continuing building code education	713
that the board requires or, for failure to do so, forfeit	714
certification.	715

(6) This division does not require or authorize the board to	716
certify personnel of municipal, township, and county building	717
departments, and persons and employees of persons, firms, or	718
corporations as described in this section, whose responsibilities	719
do not include the exercise of enforcement authority, the approval	720
of plans and specifications, or making inspections under the state	721
residential and nonresidential building codes.	722

(7) Enforcement authority for approval of plans and	723
specifications and enforcement authority for inspections may be	724
exercised, and plans and specifications may be approved and	725
inspections may be made on behalf of a municipal corporation,	726
township, or county, by any of the following who the board of	727
building standards certifies:	728

(a) Officers or employees of the municipal corporation,	729
township, or county;	730

(b) Persons, or employees of persons, firms, or corporations,	731
pursuant to a contract to furnish architectural, engineering, or	732
other services to the municipal corporation, township, or county;	733

(c) Officers or employees of, and persons under contract	734
with, a municipal corporation, township, county, health district,	735
or other political subdivision, pursuant to a contract to furnish	736
architectural, engineering, or other services.	737

(8) Municipal, township, and county building departments have	738
jurisdiction within the meaning of sections 3781.03, 3791.04, and	739
4104.43 of the Revised Code, only with respect to the types of	740
buildings and subject matters for which they are certified under	741
this section.	742

(9) Certification shall be granted upon application by the	743
municipal corporation, the board of township trustees, or the	744
board of county commissioners and approval of that application by	745
the board of building standards. The application shall set forth:	746

(a) Whether the certification is requested for residential or	747
nonresidential buildings, or both;	748

(b) The number and qualifications of the staff composing the	749
building department;	750

(c) The names, addresses, and qualifications of persons,	751
firms, or corporations contracting to furnish work or services	752
pursuant to division (E)(7)(b) of this section;	753

(d) The names of any other municipal corporation, township,	754
county, health district, or political subdivision under contract	755
to furnish work or services pursuant to division (E)(7) of this	756
section;	757

(e) The proposed budget for the operation of the building	758
department.	759

(10) The board of building standards shall adopt rules	760
governing all of the following:	761

(a) The certification of building department personnel and	762
persons and employees of persons, firms, or corporations	763
exercising authority pursuant to division (E)(7) of this section.	764
The rules shall disqualify any employee of the department or	765
person who contracts for services with the department from	766
performing services for the department when that employee or	767
person would have to pass upon, inspect, or otherwise exercise	768
authority over any labor, material, or equipment the employee or	769
person furnishes for the construction, alteration, or maintenance	770
of a building or the preparation of working drawings or	771
specifications for work within the jurisdictional area of the	772
department. The department shall provide other similarly qualified	773
personnel to enforce the residential and nonresidential building	774
codes as they pertain to that work.	775

(b) The minimum services to be provided by a certified	776
building department.	777

(11) The board of building standards may revoke or suspend	778
certification to enforce the residential and nonresidential	779
building codes, on petition to the board by any person affected by	780
that enforcement or approval of plans, or by the board on its own	781
motion. Hearings shall be held and appeals permitted on any	782
proceedings for certification or revocation or suspension of	783
certification in the same manner as provided in section 3781.101	784
of the Revised Code for other proceedings of the board of building	785
standards.	786

(12) Upon certification, and until that authority is revoked,	787
any county or township building department shall enforce the	788
residential and nonresidential building codes for which it is	789
certified without regard to limitation upon the authority of	790
boards of county commissioners under Chapter 307. of the Revised	791
Code or boards of township trustees under Chapter 505. of the	792
Revised Code.	793

(F) In addition to hearings sections 3781.06 to 3781.18 and	794
3791.04 of the Revised Code require, the board of building	795
standards shall make investigations and tests, and require from	796
other state departments, officers, boards, and commissions	797
information the board considers necessary or desirable to assist	798
it in the discharge of any duty or the exercise of any power	799
mentioned in this section or in sections 3781.06 to 3781.18,	800
3791.04, and 4104.43 of the Revised Code.	801

(G) The board shall adopt rules and establish reasonable fees	802
for the review of all applications submitted where the applicant	803
applies for authority to use a new material, assembly, or product	804
of a manufacturing process. The fee shall bear some reasonable	805
relationship to the cost of the review or testing of the	806
materials, assembly, or products and for the notification of	807
approval or disapproval as provided in section 3781.12 of the	808
Revised Code.	809

(H) The residential construction advisory committee shall	810
provide the board with a proposal for a state residential building	811
code that the committee recommends pursuant to division (D)(1) of	812
section 4740.14 of the Revised Code. Upon receiving a	813
recommendation from the committee that is acceptable to the board,	814
the board shall adopt rules establishing that code as the state	815
residential building code.	816

(I)(1) The committee may provide the board with proposed	817
rules to update or amend the state residential building code that	818
the committee recommends pursuant to division (E) of section	819
4740.14 of the Revised Code.	820

(2) If the board receives a proposed rule to update or amend	821
the state residential building code as provided in division (I)(1)	822
of this section, the board either may accept or reject the	823
proposed rule for incorporation into the residential building	824
code. If the board does not act to either accept or reject the	825
proposed rule within ninety days after receiving the proposed rule	826
from the committee as described in division (I)(1) of this	827
section, the proposed rule shall become part of the residential	828
building code.	829

(J) The board shall cooperate with the director of job and	830
family services when the director promulgates rules pursuant to	831
section 5104.05 of the Revised Code regarding safety and	832
sanitation in type A family day-care homes.	833

(K) The board shall adopt rules to implement the requirements	834
of section 3781.108 of the Revised Code.	835

Sec. 4743.04.  (A) The renewal of a license or other	836
authorization to practice a trade or profession issued under Title	837
XLVII of the Revised Code is subject to the provisions of section	838
5903.10 of the Revised Code relating to service in the armed	839
forces of the United States or the Ohio national guard.	840

(B) Continuing education requirements applicable to the	841
licensees under Title XLVII of the Revised Code are subject to the	842
provisions of section 5903.12 of the Revised Code relating to	843
active duty military service.	844

(C) A department, agency, or office of this state or of any	845
political subdivision of this state that issues a license or	846
certificate to practice a trade or profession may, pursuant to	847
rules adopted by the department, agency, or office, issue a	848
temporary license or certificate to practice the trade or	849
profession to a person whose spouse is on active military duty in	850
this state.	851

Sec. 5321.04.  (A) A landlord who is a party to a rental	852
agreement shall do all of the following:	853

(1) Comply with the requirements of all applicable building,	854
housing, health, and safety codes that materially affect health	855
and safety;	856

(2) Make all repairs and do whatever is reasonably necessary	857
to put and keep the premises in a fit and habitable condition;	858

(3) Keep all common areas of the premises in a safe and	859
sanitary condition;	860

(4) Maintain in good and safe working order and condition all	861
electrical, plumbing, sanitary, heating, ventilating, and air	862
conditioning fixtures and appliances, and elevators, supplied or	863
required to be supplied by himthe landlord;	864

(5) When hethe landlord is a party to any rental agreements	865
that cover four or more dwelling units in the same structure,	866
provide and maintain appropriate receptacles for the removal of	867
ashes, garbage, rubbish, and other waste incidental to the	868
occupancy of a dwelling unit, and arrange for their removal;	869

(6) Supply running water, reasonable amounts of hot water,	870
and reasonable heat at all times, except where the building that	871
includes the dwelling unit is not required by law to be equipped	872
for that purpose, or the dwelling unit is so constructed that heat	873
or hot water is generated by an installation within the exclusive	874
control of the tenant and supplied by a direct public utility	875
connection;	876

(7) Not abuse the right of access conferred by division (B)	877
of section 5321.05 of the Revised Code;	878

(8) Except in the case of emergency or if it is impracticable	879
to do so, give the tenant reasonable notice of histhe landlord's	880
intent to enter and enter only at reasonable times. Twenty-four	881
hours is presumed to be a reasonable notice in the absence of	882
evidence to the contrary.	883

(9) Promptly commence an action under Chapter 1923. of the	884
Revised Code, after complying with division (C) of section 5321.17	885
of the Revised Code, to remove a tenant from particular	886
residential premises, if the tenant fails to vacate the premises	887
within three days after the giving of the notice required by that	888
division and if the landlord has actual knowledge of or has	889
reasonable cause to believe that the tenant, any person in the	890
tenant's household, or any person on the premises with the consent	891
of the tenant previously has or presently is engaged in a	892
violation as described in division (A)(6)(a)(i) of section 1923.02	893
of the Revised Code, whether or not the tenant or other person has	894
been charged with, has pleaded guilty to or been convicted of, or	895
has been determined to be a delinquent child for an act that, if	896
committed by an adult, would be a violation as described in that	897
division. Such actual knowledge or reasonable cause to believe	898
shall be determined in accordance with that division.	899

(10) Comply with the rights of tenants under the	900
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	901
501.	902

(B) If the landlord makes an entry in violation of division	903
(A)(8) of this section, makes a lawful entry in an unreasonable	904
manner, or makes repeated demands for entry otherwise lawful that	905
have the effect of harassing the tenant, the tenant may recover	906
actual damages resulting from the entry or demands, obtain	907
injunctive relief to prevent the recurrence of the conduct, and	908
obtain a judgment for reasonable attorney's fees, or may terminate	909
the rental agreement.	910

Sec. 5902.02.  The duties of the director of veterans	911
services shall include the following:	912

(A) Furnishing the veterans service commissions of all	913
counties of the state copies of the state laws, rules, and	914
legislation relating to the operation of the commissions and their	915
offices;	916

(B) Upon application, assisting the general public in	917
obtaining records of vital statistics pertaining to veterans or	918
their dependents;	919

(C) Adopting rules pursuant to Chapter 119. of the Revised	920
Code pertaining to minimum qualifications for hiring, certifying,	921
and accrediting county veterans service officers, pertaining to	922
their required duties, and pertaining to revocation of the	923
certification of county veterans service officers;	924

(D) Adopting rules pursuant to Chapter 119. of the Revised	925
Code for the education, training, certification, and duties of	926
veterans service commissioners and for the revocation of the	927
certification of a veterans service commissioner;	928

(E) Developing and monitoring programs and agreements	929
enhancing employment and training for veterans in single or	930
multiple county areas;	931

(F) Developing and monitoring programs and agreements to	932
enable county veterans service commissions to address	933
homelessness, indigency, and other veteran-related issues	934
individually or jointly;	935

(G) Developing and monitoring programs and agreements to	936
enable state agencies, individually or jointly, that provide	937
services to veterans, including the veterans' homes operated under	938
Chapter 5907. of the Revised Code and the director of job and	939
family services, to address homelessness, indigency, employment,	940
and other veteran-related issues;	941

(H) Establishing and providing statistical reporting formats	942
and procedures for county veterans service commissions;	943

(I) Publishing annually, promulgating change notices for, and	944
distributingelectronically a listing of county veterans service	945
officers,offices and county veterans service commissioners, state	946
directors of veterans affairs, and national and state service	947
officers of accredited veterans organizations and their state	948
headquarters. The listing shall include the expiration dates of	949
commission members' terms of office and the organizations they	950
represent; the names, addresses, and telephone numbers of county	951
veterans service officers and state directors of veterans affairs	952
offices; and the addresses and telephone numbers of the Ohio	953
offices and headquarters of state and national veterans service	954
organizations.	955

(J) Establishing a veterans advisory committee to advise and	956
assist the department of veterans services in its duties. Members	957
shall include a member of the national guard association of the	958
United States who is a resident of this state, a member of the	959
military officers association of America who is a resident of this	960
state, a state representative of congressionally chartered	961
veterans organizations referred to in section 5901.02 of the	962
Revised Code, a representative of any other congressionally	963
chartered state veterans organization that has at least one	964
veterans service commissioner in the state, three representatives	965
of the Ohio state association of county veterans service	966
commissioners, who shall have a combined vote of one, three	967
representatives of the state association of county veterans	968
service officers, who shall have a combined vote of one, one	969
representative of the county commissioners association of Ohio,	970
who shall be a county commissioner not from the same county as any	971
of the other county representatives, a representative of the	972
advisory committee on women veterans, a representative of a labor	973
organization, and a representative of the office of the attorney	974
general. The department of veterans services shall submit to the	975
advisory committee proposed rules for the committee's operation.	976
The committee may review and revise these proposed rules prior to	977
submitting them to the joint committee on agency rule review.	978

(K) Adopting, with the advice and assistance of the veterans	979
advisory committee, policy and procedural guidelines that the	980
veterans service commissions shall adhere to in the development	981
and implementation of rules, policies, procedures, and guidelines	982
for the administration of Chapter 5901. of the Revised Code. The	983
department of veterans services shall adopt no guidelines or rules	984
regulating the purposes, scope, duration, or amounts of financial	985
assistance provided to applicants pursuant to sections 5901.01 to	986
5901.15 of the Revised Code. The director of veterans services may	987
obtain opinions from the office of the attorney general regarding	988
rules, policies, procedures, and guidelines of the veterans	989
service commissions and may enforce compliance with Chapter 5901.	990
of the Revised Code.	991

(L) Receiving copies of form DD214 filed in accordance with	992
the director's guidelines adopted under division (L) of this	993
section from members of veterans service commissions appointed	994
under section 5901.02 and from county veterans service officers	995
employed under section 5901.07 of the Revised Code;	996

(M) Developing and maintaining and improving a resource, such	997
as a telephone answering point or a web site, by means of which	998
veterans and their dependents, through a single portal, can access	999
multiple sources of information and interaction with regard to the	1000
rights of, and the benefits available to, veterans and their	1001
dependents. The director of veterans services may enter into	1002
agreements with state and federal agencies, with agencies of	1003
political subdivisions, with state and local instrumentalities,	1004
and with private entities as necessary to make the resource as	1005
complete as is possible.	1006

(N) Planning, organizing, advertising, and conducting	1007
outreach efforts, such as conferences and fairs, at which veterans	1008
and their dependents may meet, learn about the organization and	1009
operation of the department of veterans services and of veterans	1010
service commissions, and obtain information about the rights of,	1011
and the benefits and services available to, veterans and their	1012
dependents;	1013

(O) Advertising, in print, on radio and television, and	1014
otherwise, the rights of, and the benefits and services available	1015
to, veterans and their dependents;	1016

(P) Developing and advocating improved benefits and services	1017
for, and improved delivery of benefits and services to, veterans	1018
and their dependents;	1019

(Q) Searching for, identifying, and reviewing statutory and	1020
administrative policies that relate to veterans and their	1021
dependents and reporting to the general assembly statutory and	1022
administrative policies that should be consolidated in whole or in	1023
part within the organization of the department of veterans	1024
services to unify funding, delivery, and accounting of statutory	1025
and administrative policy expressions that relate particularly to	1026
veterans and their dependents;	1027

(R) Encouraging veterans service commissions to innovate and	1028
otherwise to improve efficiency in delivering benefits and	1029
services to veterans and their dependents and to report successful	1030
innovations and efficiencies to the director of veterans services;	1031

(S) Publishing and encouraging adoption of successful	1032
innovations and efficiencies veterans service commissions have	1033
achieved in delivering benefits and services to veterans and their	1034
dependents;	1035

(T) Establishing advisory committees, in addition to the	1036
veterans advisory committee established under division (K) of this	1037
section, on veterans issues;	1038

(U) Developing and maintaining a relationship with the United	1039
States department of veterans affairs, seeking optimal federal	1040
benefits and services for Ohio veterans and their dependents, and	1041
encouraging veterans service commissions to maximize the federal	1042
benefits and services to which veterans and their dependents are	1043
entitled;	1044

(V) Developing and maintaining relationships with the several	1045
veterans organizations, encouraging the organizations in their	1046
efforts at assisting veterans and their dependents, and advocating	1047
for adequate state subsidization of the organizations;	1048

(W) Requiring the several veterans organizations that receive	1049
funding from the state annually to report to the director of	1050
veterans services and prescribing the form and content of the	1051
report;	1052

(X) Investigating complaints against county veterans services	1053
commissioners and county veterans service officers if the director	1054
reasonably believes the investigation to be appropriate and	1055
necessary;	1056

(Y) Taking any other actions required by this chapter.

1057

Sec. 5903.10. Any(A) A holder of an expired license or	1058
certificate from this state or any political subdivision or agency	1059
of the state to practice a trade or profession, whose license or	1060
certificate was not renewed because of the holder's service in the	1061
armed forces of the United States, or in the national guard or in	1062
a reserve component, shall, upon presentation of satisfactory	1063
evidence of honorable discharge or separation under honorable	1064
conditions therefrom within six months of such discharge or	1065
separation, be granted a renewal of saidthe license or	1066
certificate by the issuing board or authority at the usual cost	1067
without penalty and without re-examination if not otherwise	1068
disqualified because of mental or physical disability and if	1069
either of the following applies:	1070

(1) The license or certificate was not renewed because of the	1071
holder's service in the armed forces of the United States or a	1072
reserve component of the armed forces of the United States,	1073
including the Ohio national guard.	1074

(2) The license or certificate was not renewed because the	1075
holder's spouse served in the armed forces of the United States or	1076
a reserved component of the armed forces of the United States,	1077
including the Ohio national guard, and the service resulted in the	1078
holder's absence from this state.	1079

(B) A renewal shall not be granted under division (A) of this	1080
section unless the holder or the holder's spouse, whichever is	1081
applicable, has presented satisfactory evidence of the service	1082
member's discharge under honorable conditions or release under	1083
honorable conditions from active duty or national guard duty	1084
within six months after the discharge or release.	1085

Sec. 5903.11.  (A) Any federally funded employment and	1086
training program administered by any state agency including, but	1087
not limited to, the "Job Training PartnershipWorkforce Investment	1088
Act of 1998," 96112 Stat. 1322(1982)936, codified in scattered	1089
sections of 29 U.S.C.A. 1501, as amended, shall include a veteran	1090
priority system to provide maximum employment and training	1091
opportunities to veterans and other eligible persons within each	1092
targeted group as established by federal law and state and federal	1093
policy in the service area. Disabled veterans, veterans of the	1094
Vietnam era, other veterans, and other eligible persons shall	1095
receive preference over nonveterans within each targeted group in	1096
the provision of employment and training services available	1097
through these programs as required by this section.	1098

(B) Each state agency shall refer qualified applicants to job	1099
openings and training opportunities in programs described in	1100
division (A) of this section in the following order of priority:	1101

(1) Special disabled veterans;

1102

(2) Veterans of the Vietnam era;

1103

(3) Disabled veterans;

1104

(4) All other veterans;

1105

(5) Other eligible persons;

1106

(6) Nonveterans.

1107

(C) Each state agency providing employment and training	1108
services to veterans and other eligible persons under programs	1109
described in division (A) of this section shall submit an annual	1110
written report to the speaker of the house of representatives and	1111
the president of the senate on the services that it provides to	1112
veterans and other eligible persons. Each such agency shall report	1113
separately on all entitlement programs, employment or training	1114
programs, and any other programs that it provides to each class of	1115
persons described in divisions (B)(1) to (6) of this section. Each	1116
such agency shall also report on action taken to ensure compliance	1117
with statutory requirements. Compliance and reporting procedures	1118
shall be in accordance with the reporting procedures then in	1119
effect for all employment and training programs described in	1120
division (A) of this section, with the addition of veterans as a	1121
separate reporting module.	1122

(D) All state agencies that administer federally funded	1123
employment and training programs described in division (A) of this	1124
section for veterans and other eligible persons shall do all of	1125
the following:	1126

(1) Ensure that veterans are treated with courtesy and	1127
respect at all state governmental facilities;	1128

(2) Give priority in referral to jobs to qualified veterans	1129
and other eligible persons;	1130

(3) Give priority in referral to and enrollment in training	1131
programs to qualified veterans and other eligible persons;	1132

(4) Give preferential treatment to special disabled veterans	1133
in the provision of all needed state services;	1134

(5) Provide information and effective referral assistance to	1135
veterans and other eligible persons regarding needed benefits and	1136
services that may be obtained through other agencies.	1137

(E) As used in this section:

1138

(1) "Special disabled veteran" means a veteran who is	1139
entitled to, or who but for the receipt of military pay would be	1140
entitled to, compensation under any law administered by the	1141
department of veterans affairs for a disability rated at thirty	1142
per cent or more or a person who was discharged or released from	1143
active duty because of a service-connected disability.	1144

(2) "Veteran of the Vietnam era" means an eligible veteran	1145
who served on active duty for a period of more than one hundred	1146
eighty days, any part of which occurred from August 5, 1964,	1147
through May 7, 1975, and was discharged or released therefrom with	1148
other than a dishonorable discharge or a person who was discharged	1149
or released from active duty for a service-connected disability if	1150
any part of the active duty was performed from August 5, 1964,	1151
through May 7, 1975.	1152

(3) "Disabled veteran" means a veteran who is entitled to, or	1153
who but for the receipt of military retirement pay would be	1154
entitled to compensation, under any law administered by the	1155
department of veterans affairs and who is not a special disabled	1156
veteran.	1157

(4) "Eligible veteran" means a person who served on active	1158
duty for more than one hundred eighty days and was discharged or	1159
released from active duty with other than a dishonorable discharge	1160
or a person who was discharged or released from active duty	1161
because of a service-connected disability.	1162

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

1163

(a) The spouse of any person who died of a service-connected	1164
disability;	1165

(b) The spouse of any member of the armed forces serving on	1166
active duty who at the time of the spouse's application for	1167
assistance under any program described in division (A) of this	1168
section is listed pursuant to the "Act of September 6, 1966," 80	1169
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	1170
thereto, as having been in one or more of the following categories	1171
for a total of ninety or more days:	1172

(i) Missing in action;

1173

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

1174

(iii) Forcibly detained or interned in line of duty by a	1175
foreign government or power.	1176

(c) The spouse of any person who has a total disability	1177
permanent in nature resulting from a service-connected disability	1178
or the spouse of a veteran who died while such a disability was in	1179
existence.	1180

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

1181

(a) Any person who was a member of the armed forces of the	1182
United States for a period of one hundred eighty days or more or a	1183
person who was discharged or released from active duty because of	1184
a service-connected disability;	1185

(b) A person who served as a member of the United States	1186
merchant marine and to whom either of the following applies:	1187

(i) The person has an honorable report of separation from	1188
active duty military service, form DD214 or DD215.	1189

(ii) The person served in the United States merchant marine	1190
between December 7, 1941, and December 31, 1946, and died on	1191
active duty while serving in a war zone during that period of	1192
service.	1193

(7) "Armed forces of the United States" means the army, air	1194
force, navy, marine corps, coast guard, and any other military	1195
service branch that is designated by congress as a part of the	1196
armed forces of the United States.	1197

(8) "Employment program" means a program which provides	1198
referral of individuals to employer job openings in the federal,	1199
state, or private sector.	1200

(9) "Training program" means any program that upgrades the	1201
employability of qualified applicants.	1202

(10) "Entitlement program" means any program that enlists	1203
specific criteria in determining eligibility, including but not	1204
limited to the existence in special segments of the general	1205
population of specific financial needs.	1206

(11) "Targeted group" means a group of persons designated by	1207
federal law or regulations or by state law to receive special	1208
assistance under an employment and training program described in	1209
division (A) of this section.	1210

(12) "United States merchant marine" includes the United	1211
States army transport service and the United States naval	1212
transport service.	1213

Sec. 5911.07.  The armories erected by the state are for the	1214
use of the organized militia; but in each armory there shallmay	1215
be provided and maintained, except as provided in this section, a	1216
suitable room including heating, lighting, and janitor services,	1217
for the free use of thepatriotic and national organizations known	1218
as the women's relief corps, sons of veterans, sons of veterans'	1219
auxiliary, daughters of veterans, united Spanish war veterans,	1220
auxiliary united Spanish war veterans, veterans of foreign wars of	1221
the United States, veteran organizations of World War I and World	1222
War II, army and navy union of the United States, and honorably	1223
retired officers of the Ohio national guard, Ohio military	1224
reserve, and Ohio naval militiachartered under part B of subtitle	1225
II of Title 36 of the United States Code, unless such rooms are	1226
already provided by the erection of a county memorial building or	1227
otherwise by the state, or by the county, township, or municipal	1228
corporation. This section does not require a separate room to be	1229
maintained for each organization. The room provided in this	1230
section may be used for military training when not in actual use	1231
by one of the aforenamed organizations. This section applies only	1232
during the time that such armory is being used by an active	1233
military organization ora unit of the organized militia.	1234

Sec. 5923.12.  When ordered to state active duty by the	1235
governor, for which duty federal basic pay and allowances are not	1236
authorized, members of the organized militia of Ohio shall receive	1237
the same pay and allowances for each day's service as is provided	1238
for commissioned officers, warrant officers, noncommissioned	1239
officers, and enlisted personnel of like grade and longevity in	1240
the armed forces of the United States, together with the necessary	1241
transportation, housing, and subsistence allowances as prescribed	1242
by the United States department of defense pay manual, or an	1243
amount not less than seventy-five dollars per day as base pay for	1244
each day's duty performed, whichever is greater.	1245

When ordered by the governor to perform training or duty	1246
under this section or section 5919.29 of the Revised Code, members	1247
of the Ohio national guard shall have the protections afforded to	1248
persons on federal active duty by "The Soldiers and Sailors	1249
Servicemembers Civil Relief Act of 1940," 54117 Stat. 11782835,	1250
50 App. U.S.C.A. App. 501-548 and 560-591.	1251

Sec. 5924.01.  As used in Chapter 5924. of the Revised Code	1252
unless the context otherwise requires:	1253

(A) "Organized militia" means the Ohio national guard, the	1254
Ohio naval militia, and the Ohio military reserve.	1255

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

1256

(C) "Commissioned officer" includes a commissioned warrant	1257
officer.	1258

(D) "Commanding officer" includes only commissioned or	1259
warrant officers in command of a unit.	1260

(E) "Superior commissioned officer" means a commissioned	1261
officer superior in rank or command.	1262

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

1263

(G) "Grade" means a step or degree, in a graduated scale of	1264
office or military rank, that is established and designated as a	1265
grade by law or regulation.	1266

(H) "Rank" means the order of precedence among members of the	1267
armed forces.	1268

(I) "Active stateState active duty" means full-time duty in	1269
the active military service of the state under an ordera	1270
proclamation of the governor issued pursuant to authority vested	1271
in himthe governor by law, and while going to and returning from	1272
such duty.	1273

(J) "Duty status other than active state active duty" means	1274
any other types of duty and while going to and returning from such	1275
duty.	1276

(K) "Military court" means a court-martial, a court of	1277
inquiry, or a provost court.	1278

(L) "Military judge" means an official of a general or	1279
special court-martial who is a commissioned officer, who has been	1280
duly certified to be qualified for duty as a military judge by the	1281
state judge advocate, and who has been properly detailed in	1282
accordance with section 5924.26 of the Revised Code.	1283

(M) "Law specialist" means a commissioned officer of the	1284
organized naval militia of the state designated for special duty.	1285

(N) "Legal officer" means any commissioned officer of the	1286
organized naval militia of the state designated to perform legal	1287
duties for a command.	1288

(O) "State judge advocate" means the commissioned officer	1289
responsible for supervising the administration of the military	1290
justice in the organized militia.	1291

(P) "Accuser" means a person who reports an offense subject	1292
to trial by court-martial and who signs and swears to charges, any	1293
person who directs that charges nominally be signed and sworn to	1294
by another, andor any other person who has an interest other than	1295
an official interest in the prosecution of the accused.	1296

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

1297

(R) "Convening authority" includes, in addition to the person	1298
who convened the court, a commissioned officer commanding for the	1299
time being, or a successor in command.	1300

(S) "May" is used in a permissive sense. The words "no person	1301
may ............" mean that no person is required, authorized, or	1302
permitted to do the act prescribed.	1303

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

1304

(U) "Code" means the Ohio code of military justice, as set	1305
forth in Chapter 5924. of the Revised Code.	1306

(V) "Trial counsel" means the prosecuting attorney in a	1307
general or special court-martial.	1308

(W) "Detention facility" means any place that is owned or	1309
operated by a municipal corporation, by a county, or by one or	1310
more municipal corporations, counties, or both and that is used	1311
for the confinement of persons charged with or convicted of any	1312
crime in this state or another state or under the laws of the	1313
United States.	1314

(X) "Examiner" has the same meaning as in division (A)(2)(a)	1315
of section 2945.37 of the Revised Code.	1316

(Y) "Nonsecured status," "unsupervised, off-grounds	1317
movement," "trial visit," "conditional release," and "licensed	1318
clinical psychologist" have the same meanings as in section	1319
2945.37 of the Revised Code.	1320

Sec. 5924.02.  The following persons who are not in federal	1321
service are subject to this code:	1322

(A) Members of the organized militia, including Ohio national	1323
guard dual-status technicians during their normal duty hours;	1324

(B) Persons who have been placed on the state reserve list or	1325
the state retired list pursuant to section 5913.07 or 5919.13 of	1326
the Revised Code;	1327

(C) All other persons lawfully ordered to duty in or with the	1328
organized militia, from the dates they are required by the terms	1329
of the order or other directive to obey the sameorder or	1330
directive, including any time during which they are going to or	1331
returning from duty in the organized militia.	1332

Sec. 5924.03.  (A) Each person discharged from the organized	1333
militia who is later charged with having fraudulently obtained his	1334
the discharge is, subject to section 5924.43 of the Revised Code,	1335
subject to trial by court-martial on that charge and is, after	1336
apprehension, subject to this code while in the custody of the	1337
military for that trial. Upon conviction of that charge hethe	1338
person is subject to trial by court-martial for all offenses under	1339
this code committed before the fraudulent charge.	1340

(B) No person who has deserted from the organized militia may	1341
be relieved from amenability to the jurisdiction of this code by	1342
virtue of a separation from any later period of service.	1343

Sec. 5924.06.  (A) The governor, on the recommendation of the	1344
adjutant general, shall appoint an officer of the organized	1345
militiaOhio national guard as state judge advocate, who. The	1346
officer shall be a member in good standing of the bar of the	1347
supreme court of this state and shall have been a member of the	1348
bar of the state and a member of the organized militia for at	1349
least five yearsbe eligible to be recognized as a colonel under	1350
regulations prescribed by the national guard bureau.	1351

(B) The adjutant general mayshall appoint as many assistant	1352
state judge advocates as he shall deem necessary, which assistant	1353
state judgeand legal officers on the recommendation of the state	1354
judge advocate. Judge advocates and legal officers shall be	1355
officers of the organized militia and members in good standing of	1356
the bar of thethis state.	1357

(C) The state judge advocate or his assistantssubordinate	1358
judge advocates shall make frequent inspections in the field in	1359
supervision of the administration of military justice.	1360

(D) The provisions of section 109.02 of the Revised Code	1361
shall not be a restriction upon the appointment and duties as	1362
provided in this section.	1363

(E) Convening authorities shall at all times communicate	1364
directly with their staff judge advocates or legal officers in	1365
matters relating to the administration of military justice; and	1366
the. A staff judge advocate or legal officer of anya command is	1367
entitled to communicate directly with theany staff judge advocate	1368
or legal officer of a superior or subordinate command, or with the	1369
state judge advocate.	1370

(F)(E) No person who has acted as member, military judge,	1371
trial counsel, assistant trial counsel, defense counsel, assistant	1372
defense counsel, or investigating officer, or who has been a	1373
witness for either the prosecution or defense, in any case may	1374
later act as staff judge advocate or legal officer to any	1375
reviewing authority upon the same case.	1376

Sec. 5924.07.  (A) Apprehension is the taking of a person	1377
into custody.	1378

(B) Any person authorized by this code, or by regulations	1379
issued pursuant theretoto this code, to apprehend persons subject	1380
to this code, any marshal of a court-martial appointed pursuant to	1381
the provisions of this code, and any peace officer authorized to	1382
do so by law may do so upon reasonable belief that an offense has	1383
been committed and that the person apprehended committed it.	1384

(C) Commissioned officers, warrant officers, petty officers,	1385
and noncommissioned officers have authoritymay take reasonable	1386
action to quell quarrels, frays, and disorders among persons	1387
subject to this code and to apprehend persons subject to this code	1388
who take part therein.	1389

(D) A person subject to this code may be apprehended in the	1390
person's home, with the assistance of a local law enforcement	1391
agency, only upon probable cause to believe that the person is	1392
legally subject to apprehension and that the person is or will be	1393
present to be apprehended.	1394

Sec. 5924.08. Any civilA peace officer having authority to	1395
apprehend offenders under the laws of the United States, or of a	1396
state, territory, commonwealth, or possession, or the District of	1397
Columbia may summarily apprehend a deserter from the organized	1398
militia and deliver himthe deserter into the custody of the	1399
organized militia. If an offender is apprehended outside the	1400
state, his return to the area must be in accordance with normal	1401
extradition procedures, or reciprocal agreement.	1402

Sec. 5924.09.  (A) Arrest is the restraint of a person by an	1403
oral or written order, not imposed as a punishment for an offense,	1404
directing himthe person to remain within certain specified	1405
limits. Confinement is the physical restraint of a person that is	1406
imposed by order of competent authority and deprives the person of	1407
freedom pending disposition of criminal charges.	1408

(B) An enlisted member may be ordered into arrest or	1409
confinement by any commissionedcommanding officer by an order,	1410
oral or written, delivered in person or through other persons	1411
subject to this code or through any person authorized by this code	1412
to apprehend persons. A commanding officer may authorize warrant	1413
officers, petty officers, or noncommissioned officers to order	1414
enlisted members of histhe commanding officer's command or	1415
enlisted members subject to histhe commanding officer's authority	1416
into arrest or confinement.	1417

(C) A commissioned officer or a warrant officer may be	1418
ordered apprehended or into arrest or confinement only by a	1419
commanding officer to whose authority hethe commissioned officer	1420
or warrant officer is subject, by an order, oral or written,	1421
delivered in person or by another commissioned officer. The	1422
authority to order such persons apprehended or into arrest or	1423
confinement may not be delegated.	1424

(D) No person may be ordered apprehended or into arrest or	1425
confinement except for probable cause.	1426

(E) Nothing in this section shall be construed to limit the	1427
authority of persons authorized to apprehend offenders to secure	1428
the custody of an alleged offender until proper authority may be	1429
notified.	1430

Sec. 5924.10.  (A) Any person subject to this code charged	1431
with an offense under this code shall be ordered into arrest or	1432
confinement, as circumstances may require; but when charged only	1433
with an offense normally tried by a summary court-martial, such	1434
person shall not ordinarily be placed into confinement. When any	1435
person subject to this code is placed into arrest or confinement	1436
prior to trial, immediate steps shall be taken to inform himthe	1437
person shall be informed within seventy-two hours of the specific	1438
wrong of which hethe person is accused and to try him or to	1439
dismiss the charges and release himof the person's rights under	1440
this code.	1441

(B) Confinement other than in a guard house, whether before,	1442
during, or after trial by a military court, shall be executed, to	1443
the maximum extent practicable, in civil jails or prisons	1444
designated by the governor or by such person as he may authorize	1445
to actlike facilities. An order that an accused person be placed	1446
in pretrial confinement shall be reviewed by a military judge	1447
within seven days and if confirmed may be reviewed after that	1448
confirmation only on motion.	1449

Sec. 5924.11.  (A) No provost marshal, commander of a guard,	1450
master at arms, wardensheriff, keeper, or officer of a city or	1451
county jail or any other jail or prison designated under section	1452
5924.10 of the Revised Code,detention facility may refuse to	1453
receive or keep any prisoner committed to histhe sheriff's,	1454
keeper's, or officer's charge, when the committing person	1455
furnishes a statement, signed by himthe committing person, of the	1456
offense charged against the prisoner.	1457

(B) Every commander of a guard, master at armsA sheriff,	1458
warden, keeper, or officer of a city or county jail or of any	1459
other jail or prison designated under section 5924.10 of the	1460
Revised Code,detention facility to whose charge a prisoner is	1461
committed, shall, within twenty-four hours after that commitment	1462
or as soon as he is relieved from guard, report to the commanding	1463
officer of the prisoner the name of the prisoner, the offense	1464
charged against himthe prisoner, and the name of the person who	1465
ordered or authorized the commitment.	1466

Sec. 5924.13. Subject to section 5924.57 of the Revised	1467
Code, noNo person, while being held for or after trial or the	1468
result of trial, may be subjected to punishment or penalty other	1469
than arrest or confinement upon the charges pending against him,	1470
nor shall the person. The arrest or confinement imposed upon him	1471
the person shall not be any more rigorous than the circumstances	1472
require to insure histhe person's presence, but he. The person	1473
may be subjected to minor punishment during that period for	1474
infractions of discipline, and may be required to perform such	1475
labor as may be necessary for the policing and sanitation of his	1476
living quarters and messing facilities and the area immediately	1477
adjacent thereto.	1478

Sec. 5924.14.  (A) Under such regulations as may be	1479
prescribed under this code, a person on active state active duty	1480
subject to this codeor duty under Title 32 of the United States	1481
Code who is accused of an offense against civil authority may be	1482
delivered, upon request, to the civil authority for trailtrial.	1483

(B) When delivery under this section is made to any civil	1484
authority of a person undergoing sentence of a court-martial, the	1485
delivery, if followed by conviction in a civil tribunal,	1486
interrupts the execution of the sentence of the court-martial, and	1487
the offender after having answered to the civil authorities for	1488
histhe offender's offense shall, upon the request of competent	1489
military authority, be returned to military custody for the	1490
completion of histhe offender's sentence.	1491

Sec. 5924.15. (A) Under such regulations as the governor	1492
adjutant general may prescribe, and under such additional	1493
regulations as may be prescribed by the adjutant general of Ohio,	1494
limitations may be placed on the powers granted by this section	1495
with respect to the kind and amount of punishment authorized, the	1496
categories of commanding officers and warrant officers exercising	1497
command authorized to exercise those powers, the applicability of	1498
this section to an accused who demands trial by court-martial, and	1499
the kinds of courts-martial to which the case may be referred upon	1500
such a demand. However, except in the case of a member attached	1501
to, or embarked in a vessel, punishment may not be imposed upon	1502
any person subject to this code under this sectiona member of the	1503
organized militia if such personthe member has, before the	1504
imposition of suchthe punishment, demanded trial by court-martial	1505
in lieu of suchthe punishment. Under similar regulations, rules	1506
may be prescribed with respect to the suspension of punishments	1507
authorized hereunderunder this section. If authorized by	1508
regulations prescribed under this section, the governor or a	1509
general officer or officer of flag rank in command may delegate	1510
the powers of the governor or general officer under this section	1511
to a principal assistant. In all proceedings, the accused shall be	1512
allowed a reasonable period of time, normally not exceeding	1513
forty-eight hours, to reply to the notification of intent to	1514
impose punishment under this section.	1515

(B) Subject to the foregoingdivision (A) of this section,	1516
any commanding officer, and for the purposes of this section the	1517
adjutant general of Ohio, may, in addition to or in lieu of	1518
admonition or reprimand, impose one or more of the following	1519
disciplinary punishments for minor offenses without the	1520
intervention of a court-martial:	1521

(A)(1) Upon officers of the commanding officer's command, any	1522
of the following:	1523

(1)(a) Restriction to certain specified limits, with or	1524
without suspension from duty, for not more than thirty consecutive	1525
days;	1526

(2)(b) If imposed by the governor, the adjutant general, the	1527
commandingan officer of a force of the organized militia	1528
exercising general court-martial jurisdiction, a general officer,	1529
or the commanding general of a divisionflag officer, any of the	1530
following:	1531

(a)(i) Arrest in quarters for not more than thirty	1532
consecutive days;	1533

(b) Fine or forfeiture(ii) Forfeiture of not more than	1534
one-half of one month's pay per month for two months, or the suma	1535
fine of onenot more than two hundred fifty dollars, whichever is	1536
greater;	1537

(c)(iii) Restriction to certain specified limits, with or	1538
without suspension from duty, for not more than sixty consecutive	1539
days;	1540

(d) Detention of not more than one-half of one month's pay	1541
per month for three months, or the sum of two hundred twenty-five	1542
dollars, whichever is greater.	1543

(B)(2) Upon other military personnel of the commanding	1544
officer's command, any of the following:	1545

(1) If imposed upon a person attached to or embarked in a	1546
vessel, confinement on bread and water or diminished rations for	1547
not more than three consecutive days;	1548

(2)(a) Correctional custody for not more than seven	1549
consecutive days;	1550

(3) Fine or forfeiture(b) Forfeiture of not more than seven	1551
days' pay, or the sum of twenty-five dollars, whichever is greater	1552
a fine of not more than one-quarter of one month's actual pay;	1553

(4)(c) Reduction to the next inferior pay grade, if the grade	1554
from which the service member demoted is within the promotion	1555
authority of the officer imposing the reduction or any officer	1556
subordinate to the one who imposes the reduction;	1557

(5)(d) Extra duties, including fatigue or other duties, for	1558
not more than fourteen consecutive days or for a total of thirty	1559
nonconsecutive days;	1560

(6)(e) Restriction to certain specified limits, with or	1561
without suspension from duty, for not more than fourteen	1562
consecutive days;	1563

(7) Detention of not more than fourteen days' pay, or the sum	1564
of fifty dollars, whichever is greater;	1565

(8)(f) If imposed by an officer of the grade of major or	1566
lieutenant commander, or above., any of the following:	1567

(a)(i) The punishment authorized under division (B)(1)(2)(a)	1568
of this section;	1569

(b)(ii) Correctional custody for not more than thirty	1570
consecutive days;	1571

(c) Fine or forfeiture(iii) Forfeiture of not more than	1572
one-half of one month's pay per month for two months, or the sum	1573
of fifty dollars, whichever is greatera fine of not more than	1574
one-half of one month's actual pay for two months;	1575

(d)(iv) Reduction to the lowest or any intermediate pay	1576
grade, if the grade from which demoted is within the promotion	1577
authority of the officer imposing the reduction or any officer	1578
subordinate to the one who imposes the reduction, but an enlisted	1579
member in pay grade above E-4 may not be reduced more than two	1580
one pay gradesgrade;	1581

(e)(v) Extra duties, including fatigue or other duties, for	1582
not more than forty-five consecutive days, which need not be	1583
consecutive, and for not more than two hours per day;	1584

(f)(vi) Restriction to certain specified limits, with or	1585
without suspension from duty, for not more than sixty consecutive	1586
days, which need not be consecutive;	1587

(g) Detention of not more than one-half of one month's pay	1588
per month for three months, or the sum of seventy-five dollars,	1589
whichever is greater.	1590

Detention of pay shall be for a stated period of not more	1591
than one year, but if the offender's term of service expires	1592
earlier, the detention shall terminate upon that expiration. No	1593
two or more of the punishments of arrest in quarters, confinement	1594
on bread and water or diminished rations, correctional custody,	1595
extra duties, and restriction may be combined to run consecutively	1596
in the maximum amount imposable for each. Whenever any of those	1597
punishments are combined to run consecutively, there must be an	1598
apportionment. In addition, forfeiture of pay may not be combined	1599
with detention of pay without an apportionment. For the purposes	1600
of this section "correctional custody" is the physical restraint	1601
of a person during duty or nonduty hours and may include extra	1602
duties, fatigue duties, or hard labor. If practicable,	1603
correctional custody will not be served in immediate association	1604
with persons awaiting trial or held in confinement pursuant to	1605
trial by court-martial or civilian court.	1606

(C) No two or more of the punishments of arrest in quarters,	1607
correctional custody, extra duties, and restriction may be	1608
combined to run consecutively in the maximum amount imposable for	1609
each. If any of those punishments are combined to run	1610
consecutively, there must be apportionment. For the purposes of	1611
this section, "correctional custody" means the physical restraint	1612
of a person during duty or nonduty hours and may include extra	1613
duties, fatigue duties, or hard labor.	1614

(D) An officer in charge may impose upon enlisted members	1615
assigned to the unit of which the officer is in charge suchany of	1616
the punishments authorized under divisions (B)(1)(A)(2)(a) to	1617
(B)(7)(f) of this section, asthat the governor or adjutant	1618
general may specifically prescribe by regulation.	1619

(D)(E) The officer who imposes the punishment authorized in	1620
divisions (A) ordivision (B) of this section, or the officer's	1621
successor in command, may, at any time, suspend probationally any	1622
part or amount of the unexecuted punishment imposed and may	1623
suspend probationally a reduction in grade or a forfeiture or fine	1624
imposed under divisions (A) ordivision (B) of this section,	1625
whether or not executed. In addition, the officer who imposed the	1626
punishment may, at any time, remit or mitigate any part or amount	1627
of the unexecuted punishment imposed and may set aside in whole or	1628
in part the punishment, whether executed or unexecuted, and	1629
restore all rights, privileges, and property affected. The officer	1630
who imposed the punishment may also mitigate reduction in grade to	1631
forfeiture or detention of pay or a fine. When mitigating:	1632

(1) Arrestarrest in quarters to restriction;

1633

(2) Confinement on bread and water or diminished rations to	1634
correctional custody;	1635

(3) Correctional custody or confinement on bread and water or	1636
diminished rations to extra duties or restriction, or both; or	1637

(4) Extraextra duties to restriction;

1638

the, the mitigated punishment shall not be for a greater period	1639
than the punishment mitigated. When mitigating forfeiture of pay	1640
to detention of pay, the amount of the detention shall not be	1641
greater than the amount of the forfeiture. When mitigating	1642
reduction in grade to fine or forfeiture or detention of pay, the	1643
amount of the fine or forfeiture or detention shall not be greater	1644
than the amount that could have been imposed initially under this	1645
section by the officer who imposed the punishment mitigated.	1646

(E)(F) A person punished under this section who considers the	1647
punishment unjust or disproportionate to the offense may, through	1648
the proper channel, appeal to the next superior authority within	1649
seven calendar days. The appeal shall be promptly forwarded and	1650
decided, but the person punished may in the meantime be required	1651
to undergo the punishment adjudged. The superior authority may	1652
exercise the same powers with respect to the punishment imposed as	1653
may be exercised under division (D)(E) of this section by the	1654
officer who imposed the punishment. Before acting on an appeal	1655
from a punishment of:	1656

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

1657

(2) Correctional custody for more than seven days;

1658

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

1659

(4) Reduction of one or more pay grades from the fourth or a	1660
higher pay grade;	1661

(5) Extra duties for more than fourteen days;

1662

(6) Restriction for more than fourteen days; or

1663

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

1664

any of the following, the authority who is to act on the appeal	1665
shall refer the case to a judge advocate or legal officer of the	1666
Ohio organized militia for consideration and advice, and may so	1667
also refer the case upon appeal from any punishment imposed under	1668
divisions (A) or division (B) of this section:	1669

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

1670

(2) Correctional custody for more than seven days;

1671

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

1672

(4) Reduction of one or more pay grades from the fourth or a	1673
higher pay grade;	1674

(5) Extra duties for more than fourteen days.

1675

(F)(G) The imposition and enforcement of disciplinary	1676
punishment under this section for any act or omission is not a bar	1677
to trial by court-martial for a serious crime or offense growing	1678
out of the same act or omission, and not properly punishable under	1679
this section; but the. The fact that a disciplinary punishment has	1680
been enforced may be shown by the accused upon trial, and, when so	1681
shown, shall be considered in determining the measure of	1682
punishment to be adjudged in the event of a finding of guilty.	1683

(G)(H) The governor or the adjutant general may, by	1684
regulation, prescribe the form of records to be kept of	1685
proceedings under this section and may also prescribe that certain	1686
categories of those proceedings shall be in writing.	1687

(H) The punishments imposed pursuant to this section, except	1688
fine and forfeiture of pay, shall not extend beyond the	1689
termination of the duty status of the individual punished.	1690

(I) A commanding officer may delegate authority to make a	1691
reduction in pay grade under division (B)(2)(c) of this section to	1692
the commanding officer's executive officer, deputy commander, vice	1693
commander, or principal assistant.	1694

Sec. 5924.16.  (A) In the organized militia not in federal	1695
service, there are general, special, and summary courts-martial	1696
constituted like similar courts of the army and the air force.	1697
They have the jurisdiction and powers, except as to punishments,	1698
and shall follow the forms and procedures provided for those	1699
courts. General and special courts-martial are courts of record	1700
with original jurisdiction.	1701

(B) The constitutions of the three kinds of courts-martial	1702
are:	1703

(1) General courts-martial, consistingA general	1704
court-martial consists of one of the following:	1705

(A)(1) A military judge and not lessfewer than five members;	1706
or	1707

(B)(2) Only a military judge, if, before the court is	1708
assembled, the accused, knowing the identity of the military judge	1709
and after consultation with defense counsel, requests in writing a	1710
court composed only of a military judge and the military judge	1711
approves;	1712

(2) Special courts-martial, consisting.

1713

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

1714

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

1715

(B)(2) A military judge and not lessfewer than three	1716
members; or	1717

(C)(3) Only a military judge, if one has been detailed to the	1718
court, and the accused so requests in writing under the same	1719
conditions as those prescribed in division (B)(1)(b) of this	1720
section;	1721

(3) Summary courts-martial, consistingbefore the court is	1722
assembled the accused, knowing the identity of the military judge	1723
and after consultation with defense counsel, requests in writing a	1724
court composed only of a military judge and the military judge	1725
approves.	1726

(D) A summary court-martial consists of one commissioned	1727
officer in the grade of captain or above.	1728

Sec. 5924.17. Each force of the organized militiaThe Ohio	1729
national guard has court-martial jurisdiction over all persons	1730
subject to this code. The exercise of jurisdiction by one force	1731
the Ohio national guard over personnel of another forceelement of	1732
the organized militia shall be in accordance with regulations	1733
prescribed by the governoradjutant general.	1734

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1735
Code, general courts-martial have jurisdiction to try persons	1736
subject to this code for any offense made punishable by this code	1737
and may, under suchany limitations asthat the governor may	1738
prescribe, adjudge any punishment not forbidden by this code,	1739
including the penalty of death when specifically authorized by	1740
this code. General courts-martial also have jurisdiction to try	1741
any person who by the law of war is subject to trial by a military	1742
tribunal and may adjudge any punishment permitted by the law of	1743
war. A general court-martial of the kind specified in division	1744
(B)(1)(b) of section 5924.16 of the Revised Code does not have	1745
jurisdiction to try any person for any offense for which the death	1746
penalty may be adjudged unless the case has been previously	1747
referred to trial as a noncapital caseof the following	1748
punishments:	1749

(1) A fine of not more than two thousand five hundred dollars	1750
or confinement for not more than three hundred sixty-five days;	1751

(2) Forfeiture of all pay and allowances;

1752

(3) Reprimand;

1753

(4) Dismissal and dishonorable discharge or a bad conduct	1754
discharge;	1755

(5) Reduction of a noncommissioned officer to the lowest or	1756
any intermediate rank;	1757

(6) Any combination of the foregoing punishments.

1758

(B) A general court-martial may not adjudge dismissal or	1759
dishonorable discharge unless a complete record of the proceedings	1760
and testimony is made, counsel having the qualifications	1761
prescribed under division (B) of section 5924.27 of the Revised	1762
Code is detailed to represent the accused, and a military judge is	1763
detailed to the trial.	1764

Sec. 5924.19.  Subject to section 5924.17 of the Revised	1765
Code, special courts-martial shall have jurisdiction to try	1766
persons subject to this code for any non-capital offense for which	1767
they may be punished under this code. A special court-martial may	1768
adjudge any punishment a general court-martial may adjudge, except	1769
death, dishonorable discharge, dismissal, confinement forthat a	1770
special court-martial may not impose a fine of more than six	1771
months, hard labor withoutone thousand dollars, confinement for	1772
more than three months, forfeiture of pay exceeding two-thirds pay	1773
per month, or forfeiture of pay for more than six monthsone	1774
hundred eighty days for a single offense, or dismissal or	1775
dishonorable discharge. A bad-conduct dischargespecial	1776
court-martial may not be adjudgedadjudge a bad-conduct discharge	1777
unless a complete record of the proceedings and testimony has been	1778
is made, counsel having the qualifications prescribed under	1779
division (B) of section 5924.27 of the Revised Code wasis	1780
detailed to represent the accused, and a military judge wasis	1781
detailed to the trial. In any case in which a military judge was	1782
not detailed to the trial, except when due to physical conditions	1783
or military exigencies, the convening authority shall make a	1784
written statement, to be appended to the record, stating the	1785
reason or reasons a military judge could not be detailed.	1786

Sec. 5924.20.  (A) Subject to section 5924.17 of the Revised	1787
Code, summary courts-martial have jurisdiction to try persons	1788
subject to this code, except officers and warrant officers, for	1789
any offense made punishable by this code.	1790

(B) No person with respect to whom summary courts-martial	1791
have jurisdiction may be brought to trial before a summary	1792
court-martial if hethe person objects theretoto being brought to	1793
trial before a summary court-martial. If objection to trial by	1794
summary court-martial is made by an accused, trial may be ordered	1795
by special or general court-martial, as may be appropriate.	1796

(C) Summary courts-martial may, under such limitations as the	1797
governor may prescribe, adjudge punishment of a fine not forbidden	1798
by this code, except death, dismissal, dishonorable or bad conduct	1799
discharge,exceeding five hundred dollars, confinement for not	1800
more than one month, hard labor without confinement for more than	1801
forty-five days, restriction to specified limits for more than two	1802
months, orthirty days, forfeiture of not more than two-thirds of	1803
one month's pay, and reduction to the lowest or any intermediate	1804
pay grade. For enlisted members in pay grade above E-4, summary	1805
courts-martial may not adjudge confinement or reduction except to	1806
the next inferior pay grade.	1807

Sec. 5924.21. The provisions of this code that confer	1808
jurisdiction on courts-martial do not deprive military	1809
commissions, provost courts, other military tribunals, or state or	1810
federal courts of concurrent jurisdiction with respect to	1811
offenders or offenses that by statute or by the law of war may be	1812
tried by military commissions, provost courts, other military	1813
tribunals, or state or federal courts.	1814

Sec. 5924.22.  In the organized militia not in federal	1815
service, the governor, adjutant general, assistant adjutant	1816
general for army, or assistant adjutant general for air may	1817
convene general courts-martial may be convened by the governor.	1818

Sec. 5924.23.  In the organized militia not in federal	1819
service, the commanding officer of a garrison, fort, post, camp,	1820
air base, auxiliary air base, or other place where troops are on	1821
duty, or of a division, brigade, regiment, battle group, wing,	1822
group, detached battalion, separate squadron, or other detached	1823
command,any commander authorized by regulation in the grade of	1824
colonel or a higher grade may convene special courts-martial.	1825
Special courts-martial may also be convened by superior authority.	1826
When any such officer is an accuser, the court shall be convened	1827
by superior competent authority.	1828

Sec. 5924.24. (A) In the organized militia not in federal	1829
service, the commanding officer of a garrison, fort, post, camp,	1830
air base, auxiliary air base, or other place where troops are on	1831
duty, or of a division, brigade, regiment, battle group, wing,	1832
group, detached battalion, detached squadron, detached company, or	1833
other detachment,any commander authorized by regulation in the	1834
grade of lieutenant colonel or a higher grade may convene a	1835
summary court-martial consisting of one commissioned officer. The	1836
proceedings shall be informal.	1837

(B) When only one commissioned officer is present with a	1838
command or detachment he shall be the summary court-martial of	1839
that command or detachment and shall hear and determine all	1840
summary court-martial cases brought before him. Summary	1841
courts-martial may, however, be convened in any case by superior	1842
competent authority when considered desirable by him.	1843

Sec. 5924.25.  (A) Any commissioned officer of or onin a	1844
duty with the organized militiastatus is eligible to serve on all	1845
courts-martial for the trial of any person who may lawfully be	1846
brought before such courts for trailtrial.	1847

(B) Any warrant officer of or onin a duty with the organized	1848
militiastatus is eligible to serve on general and special	1849
courts-martial for the trial of any person, other than a	1850
commissioned officer, who may lawfully be brought before such	1851
courts for trailtrial.	1852

(C)(1) Any enlisted member of the organized militia in a duty	1853
status who is not a member of the same unit as the accused is	1854
eligible to serve on general and special courts-martial for the	1855
trial of any enlisted member of the organized militia who may	1856
lawfully be brought before such courts for trial, but he shall	1857
serve as a member of a court only if, before the conclusion of a	1858
session called by the military judge under division (A) of section	1859
5924.39 of the Revised Code or, in the absence of such a session	1860
called by the military judge, before the court is assembled for	1861
the trial of the accused, the accused personally has requested in	1862
writing that enlisted members serve on it. After such a request,	1863
the accused may not be tried by a general or special	1864
court-martial, the membership of which does not include enlisted	1865
members in a number comprising at least one-third of the total	1866
membership of the court, unless eligible members cannot be	1867
obtained on account of physical conditions or military exigencies.	1868
If suchenough enlisted members cannot be obtained, the court may	1869
be assembled and trial held without them, but the convening	1870
authority shall make a detailed written statement, to be appended	1871
to the record, stating why they could not be obtained.	1872

(2) InAs used in division (C) of this section, the word	1873
"unit" means any regularly organized body of the organized militia	1874
not larger than a company, a squadron, a division of the naval	1875
militia, or a body corresponding to one of them.	1876

(D)(1) WhenIf it can be avoided, noa person subject to this	1877
code shall not be tried by a court-martial, any member of which is	1878
junior to himthe person in rank or grade.	1879

(2) When convening a court-martial, the convening authority	1880
shall detail as members thereof suchof the court-martial members	1881
asof the organized militia who, in histhe convening authority's	1882
opinion, are best qualified for the duty by reason of age,	1883
education, training, experience, length of service, and judicial	1884
temperament. No member of the organized militia is eligible to	1885
serve as a member of a general or special court-martial when heif	1886
the member of the organized militia is the accuser or a witness	1887
for the prosecution or has acted as investigating officer or as	1888
counsel in the same case. If within the command of the convening	1889
authority there is present and not otherwise disqualified a	1890
commissioned officer who is a member of the bar of the state and	1891
of appropriate rank, the convening authority shall appoint him as	1892
president of a special court-martial. Although this requirement is	1893
binding on the convening authority, failure to meet it in any case	1894
does not divest a military court of jurisdiction.	1895

Sec. 5924.26.  (A) The authority convening aA military judge	1896
shall be detailed to each general court-martial shall, and,	1897
subject to regulations promulgated by the governor, the authority	1898
convening aand special court-martial may, detail a. A military	1899
judge toshall preside over each open session of the court-martial	1900
to which the judge has been detailed.	1901

(B) A military judge shall be a commissioned officer of the	1902
organized militia who is a member in good standing of the bar of	1903
this state, or a member of the bar of a federal court, and who is	1904
certified to be qualified for such duty as a military judge by the	1905
state judge advocate.	1906

(C) The military judge of a general or special court-martial	1907
shall be designated by the state judge advocate or his designee	1908
for detail by the convening authority. Unless the court-martial	1909
was convened by the governor or the adjutant general, neither the	1910
convening authority nor histhe convening authority's staff, other	1911
than the state judge advocate or deputy state judge advocate,	1912
shall prepare or review any report concerning the effectiveness,	1913
fitness, or efficiency of the military judge so detailed which	1914
relates to hisjudge's performance of duty as a military judge. A	1915
commissioned officer who is certified as a military judge of a	1916
general court-martial may perform duties other than those relating	1917
to his being a military judge of a general court-martial when such	1918
duties are assigned to him by or with the approval of the state	1919
judge advocate or his designee.	1920

(D) No person is eligible to act as a military judge in a	1921
case if hethe person is the accuser, is a witness for the	1922
prosecution, has acted as investigating officer, or is a counsel	1923
in the same case.	1924

(E) The military judge of a court-martial may not consult	1925
with the members of the court, except in the presence of the	1926
accused, trial counsel, and defense counsel, nor may hethe	1927
military judge vote with the members of the court.	1928

(F) A trial counsel, defense counsel, military judge, legal	1929
officer, summary court officer, or any other person from any one	1930
component of the organized militia certified by the state judge	1931
advocate to perform legal functions under this code may perform	1932
those functions, as needed, for any other component of the	1933
organized militia.	1934

Sec. 5924.27.  (A) For each general and special court-martial	1935
the authority convening the courtThe state judge advocate shall	1936
detail trial counsel and, defense counsel, and such assistants as	1937
hethat the state judge advocate considers appropriate. No person	1938
who has acted as investigating officer, military judge, or court	1939
member in any case may act later as trial counsel, assistant trial	1940
counsel, or, unless expressly requested by the accused, as defense	1941
counsel, or assistant defense counsel in the same case. No person	1942
who has acted for the prosecution may act later in the same case	1943
for the defense, nor may any person who has acted for the defense	1944
act later in the same case for the prosecution.	1945

(B) Trial counsel or defense counsel detailed for a general	1946
court-martial must be both of the following:	1947

(1) Must be a person who is aA member in good standing of	1948
the bar of the highest court of this state, or a member of the bar	1949
of a federal court, or a law specialist; and	1950

(2) Must be certifiedCertified as competent to perform such	1951
the duties of trial counsel or defense counsel in a general	1952
court-martial by the state judge advocate.	1953

(C) In the case of a special court-martial, the accused shall	1954
be afforded the opportunity to be represented at the trial by	1955
counsel having the qualifications prescribed by division (B) of	1956
this section. If counsel having such qualifications cannot be	1957
obtained because of physical conditions or military exigencies,	1958
the court may be convened and the trial held, but the convening	1959
authority shall make a detailed written statement explaining the	1960
reasons, which shall be appended to the record.	1961

Sec. 5924.28.  Under such regulations as the governor	1962
adjutant general may prescribe, the convening authority of a	1963
general or special court-martial or court of inquiry shall detail	1964
or employ qualified court reporters, who shall record the	1965
proceedings of and testimony taken before that court. Under like	1966
regulations the convening authority of a military court, and may	1967
detail or employ interpreters, who shall interpret for the court.	1968

Sec. 5924.29.  (A) No member of a general or special	1969
court-martial shall be absent or excused after the court has been	1970
assembled for the trial of the accused except for physical	1971
disability, as a result of a challenge, or by order of the	1972
convening authority for good cause.	1973

(B) Whenever a general court-martial, other than a general	1974
court-martial composed of a military judge only, is reduced below	1975
five members, the trial may not proceed unless the convening	1976
authority details new members sufficient in number to provide not	1977
lessfewer than five members. When the new members have been	1978
sworn, the trial may proceed with the new members present after	1979
the recorded evidence previously introduced before the members of	1980
the court has been read to the court in the presence of the	1981
military judge, the accused, and counsel for both sides.	1982

(C) Whenever a special court-martial, other than a special	1983
court-martial composed of a military judge only, is reduced below	1984
three members, the trial may not proceed unless the convening	1985
authority details new members sufficient in number to provide not	1986
lessfewer than three members. When the new members have been	1987
sworn, the trial shall proceed with the new members present as if	1988
no evidence had previously been introduced at the trial, unless a	1989
verbatim record of the evidence previously introduced before the	1990
members of the court or a stipulation thereof is read to the court	1991
in the presence of the military judge, if any, the accused, and	1992
counsel for both sides.	1993

(D) If the military judge of a court-martial composed of a	1994
military judge only is unable to proceed with the trial because of	1995
physical disability, as a result of a challenge, or for other good	1996
cause, the trial shall proceed, subject to any applicable	1997
conditions of division (B)(1)(b) or division (B)(2)(c) of section	1998
5924.16 of the Revised Code, after the detail of a new military	1999
judge as if no evidence had previously been introduced, unless a	2000
verbatim record of the evidence previously introduced or a	2001
stipulation thereof is read in court in the presence of the new	2002
military judge, the accused, and counsel for both sides.	2003

Sec. 5924.30.  (A) Charges and specifications shall be signed	2004
by a person subject to this code under oath before a person	2005
commissioned officer of the organized militia authorized by this	2006
code to administer oaths and shall state both of the following:	2007

(1) That the signer has personal knowledge of, or has	2008
investigated, the matters set forth thereinin the charges and	2009
specifications; and	2010

(2) That theythose matters are true in fact to the best of	2011
histhe person's knowledge and belief.	2012

(B) Upon the preferring of charges, the proper authority	2013
shall take immediate steps to determine whatthe disposition that	2014
should be made thereofof the charges in the interest of justice	2015
and discipline, and the person accused shall be informed of the	2016
charges against him as soon as practicable.	2017

Sec. 5924.31.  (A) No person subject to this code may compel	2018
any other person to incriminate himselfthe other person or to	2019
answer any question, the answer to which may tend to incriminate	2020
himthe other person.	2021

(B) No person subject to this code may interrogate, or	2022
request any statement from an accused or a person suspected of an	2023
offense, without first informing himthe accused or person	2024
suspected of the nature of the accusation and advising himthe	2025
accused or person suspected that hethe accused or person	2026
suspected does not have to make any statement regarding the	2027
offense of which hethe accused or person suspected is accused or	2028
suspected and that any statement made by himthe accused or person	2029
suspected may be used as evidence against himthe accused or	2030
person suspected in a trial by court-martial.	2031

(C) No person subject to this code may compel any other	2032
person to make a statement or produce evidence before any military	2033
tribunalcourt-martial if the statement or evidence is not	2034
material to the issue and may tend to degrade himthe other	2035
person.	2036

(D) No statement obtained from any person in violation of	2037
this section, or through the use of coercion, unlawful influence,	2038
or unlawful inducement may be received in evidence against himthe	2039
person in a trial by court-martial.	2040

Sec. 5924.32.  (A) No charge or specification may be referred	2041
to a general court-martial for trial until a thorough and	2042
impartial investigation of all the matters set forth thereinin	2043
the charge or specification has been made. This investigation	2044
shall include inquiry as to the truth of the matter set forth in	2045
the charges, consideration of the form of charges, and a	2046
recommendation as to the disposition whichthat should be made of	2047
the case in the interest of justice and discipline.	2048

(B) The accused shall be advised of the charges against him	2049
the accused and of histhe accused's right to be represented at	2050
that investigation by counsel. Upon histhe accused's own request	2051
he, the accused shall be represented by civilian counsel if	2052
provided by himthe accused at the accused's own cost, or by	2053
military counsel of histhe accused's own selection if such	2054
counsel is reasonably available, or by counsel detailed by the	2055
officer exercising general court-martial jurisdiction over the	2056
command. At that investigation full opportunity shall be given to	2057
the accused to cross-examine witnesses against himthe accused if	2058
they are available and to present anything hethe accused may	2059
desire in histhe accused's own behalf, either in defense or	2060
mitigation, and the investigating officer shall examine reasonably	2061
available witnesses requested by the accused. If the charges are	2062
forwarded after the investigation, they shall be accompanied by a	2063
statement of the substance of the testimony taken on both sides,	2064
and a copy thereofof that statement shall be given to the	2065
accused.	2066

(C) If an investigation of the subject matter of an offense	2067
has been conducted before the accused is charged with the offense,	2068
and if the accused was present at the investigation and afforded	2069
the opportunities for representation, cross-examination, and	2070
presentation prescribed in division (B) of this section, no	2071
further investigation of that charge is necessary under this	2072
section unless it is demanded by the accused after hethe accused	2073
is informed of the charge. A demand for further investigation	2074
entitles the accused to recall witnesses for further	2075
cross-examination and to offer any new evidence in histhe	2076
accused's own behalf.	2077

(D) The requirements of this section are binding on all	2078
persons administering this code but failure to follow them does	2079
not divest a military court of jurisdiction.	2080

Sec. 5924.33.  When a person is held for trial by general	2081
court-martial, the commanding officer shall, within eight daysnot	2082
later than the eighth day after the accused is ordered into arrest	2083
or confinement, if practicable, forward the charges, together with	2084
the investigation and allied papers, to the governorgeneral	2085
court-martial convening authority. If that is not practicable, he	2086
the commanding officer shall report in writing to the governor	2087
convening authority the reasons for delay.	2088

Sec. 5924.34.  (A) Before directing the trial of any charge	2090
by general court-martial, the convening authority shall refer it	2091
to the stateconvening authority's staff judge advocate or legal	2092
officer for consideration and advice. The convening authority may	2093
not refer a charge to a general court-martial for trial unless he	2094
the convening authority has found that the charge alleges an	2095
offense under this code and is warranted by evidence indicated in	2096
the report of the investigation.	2097

(B) If the charges or specifications are not formally correct	2098
or do not conform to the substance of the evidence contained in	2099
the report of the investigating officer, formal corrections and	2100
such changes in the charges and specifications as are needed to	2101
make them conform to the evidence may be made.	2102

Sec. 5924.35.  The trial counsel to whom court-martial	2103
charges are referred for trial shall cause to be served upon the	2104
accused a copy of the charges upon which trial is to be had. In	2105
Except in time of peacedeclared war, no person may, against his	2106
the person's objection, be brought to trial or be required to	2107
participate by himselfalone or with counsel in a session called	2108
by the military judge under division (A) of section 5924.39 of the	2109
Revised Code, in a general or special court-martial case within a	2110
period of five daystwenty-four hours after the service of charges	2111
upon him, or in a special court-martial within a period of three	2112
days after the service of the charges upon himthe person.	2113

Sec. 5924.36.  The procedure, including modes of proof, in	2114
cases before military courts and other military tribunals may be	2115
prescribed by the governoradjutant general by regulations, which	2116
that shall, so far as hethe adjutant general considers	2117
practicable, apply the principles of law and the rules of evidence	2118
generally recognized in the trial of criminal cases in the courts	2119
of thethis state, but whichthat may not be contrary to or	2120
inconsistent with this code.	2121

Sec. 5924.37.  (A) No authority convening a general, special,	2122
or summary court-martial, nor any other commanding officer, or	2123
officer serving on the staff thereof,of a convening authority or	2124
other commanding officer may censure, reprimand, or admonish the	2125
court or any member, military judge, or counsel thereofof the	2126
court, with respect to the findings or sentence adjudged by the	2127
court, or with respect to any other exercise of its or histhe	2128
member's, military judge's, or counsel's functions in the conduct	2129
of the proceeding. No person subject to this code may attempt to	2130
coerce or, by any unauthorized means, influence the action of the	2131
court-martial or any other military tribunal or any member thereof	2132
of the court-martial or military tribunal in reaching the findings	2133
or sentence in any case, or the action of any convening,	2134
approving, or reviewing authority with respect to histhe	2135
authority's judicial acts. This division does not apply to:	2136

(1) General instructional or informational courses in	2137
military justice, if such courses are designed solely for the	2138
purpose of instructing members of a command in the substantive and	2139
procedural aspects of courts-martial;	2140

(2) Statements and instructions given in open court by the	2141
military judge, the president of a special court-martial, or	2142
counsel.	2143

(B) In the preparation of an effectiveness,a fitness, or	2144
efficiencyevaluation, or performance report, or any other report	2145
or document used in whole or in part for the purpose of	2146
determining whether a member of the organized militia is qualified	2147
to be advanced in grade, or in determining the assignment or	2148
transfer of a member of the organized militia, or in determining	2149
whether a member of the organized militia should be retained in an	2150
active statuson duty, no person subject to this code may, in	2151
preparing any such reportdo either of the following:	2152

(1) Consider or evaluate the performance of duty of any such	2153
the member as a member of a court-martial;	2154

(2) Give a less favorable rating or evaluation of any member	2155
of the organized militia because of the zeal with which suchthe	2156
member, as counsel, represented any accused before a	2157
court-martial.	2158

Sec. 5924.38.  (A) The trial counsel of a general or special	2159
court-martial shall prosecute in the name of the state, and shall,	2160
under the direction of the court, prepare the record of the	2161
proceedings.	2162

(B) The accused has the right to be represented in histhe	2163
accused's defense before a general or special court-martial by	2164
civilian counsel if provided by himthe accused at the accused's	2165
own cost, or by military counsel of histhe accused's own	2166
selection if reasonably available, or by thedetailed military	2167
defense counsel detailed under section 5924.27 of the Revised	2168
Code. Should the accused have civilian counsel of histhe	2169
accused's own selection, the defense counsel, and any assistant	2170
defense counsel, if any, who were detailed, shall, if the accused	2171
so desires, act as histhe accused's associate counsel; otherwise	2172
they shall be excused by the military judge or by the president of	2173
a court-martial without a military judge.	2174

(C) In every court-martial proceeding, the defense counsel	2175
may, in the event of conviction, forward for attachment to the	2176
record of proceedings a brief of such matters as hethe defense	2177
counsel feels should be considered in behalf of the accused on	2178
review, including any objection to the contents of the record	2179
which hethe defense counsel considers appropriate.	2180

(D) An assistant trial counsel of a general court-martial	2181
may, under the direction of the trial counsel or when hethe	2182
assistant trial counsel is qualified to be a trial counsel as	2183
required by section 5924.27 of the Revised Code, perform any duty	2184
imposed by law, regulation, or the custom of the service upon the	2185
trial counsel of the court. An assistant trial counsel of a	2186
special court-martial may perform any duty of the trial counsel.	2187

(E) An assistant defense counsel of a general or special	2188
court-martial may, under the direction of the defense counsel or	2189
when hethe assistant defense counsel is qualified to be the	2190
defense counsel as required by section 5924.27 of the Revised	2191
Code, perform any duty imposed by law, regulation, or the custom	2192
of the service upon counsel for the accused.	2193

Sec. 5924.39.  (A) At any time after the service of charges	2194
whichthat have been referred for trial to a court-martial	2195
composed of a military judge and members, the military judge may,	2196
subject to section 5924.35 of the Revised Code, call the court	2197
into session without the presence of the members for the following	2198
purposes:	2199

(1) Hearing and determining motions raising defenses or	2200
objections whichthat are capable of determination without trial	2201
of the issues raised by a plea of not guilty;	2202

(2) Hearing and ruling upon any matter whichthat may be	2203
ruled upon by the military judge under this code, whether or not	2204
the matter is appropriate for later consideration or decision by	2205
the members of the court;	2206

(3) If permitted by regulations prescribed by the governor,	2207
holding the arraignment and receiving the pleas of the accused;	2208

(4) Performing any other procedural function whichthat may	2209
be performed by the military judge under this code or under rules	2210
regulations prescribed pursuant to section 5924.36 of the Revised	2211
Code and whichthat does not require the presence of the members	2212
of the court.	2213

These proceedings shall be conducted in the presence of the	2214
accused, the defense counsel, and the trial counsel, and shall be	2215
made a part of the record.	2216

(B) When the members of a court-martial deliberate or vote,	2217
only the members may be present. All other proceedings, including	2218
any other consultation of the members of the court with counsel or	2219
the military judge, shall be made a part of the record and shall	2220
be in the presence of the accused, the defense counsel, the trial	2221
counsel, and, in cases in which a military judge has been detailed	2222
to the court, the military judge.	2223

Sec. 5924.41.  (A) The military judge and members of a	2224
general or special court-martial may be challenged by the accused	2225
or the trial counsel for cause stated to the court. The military	2226
judge or, if none, the court, shall determine the relevancy and	2227
validity of challenges for cause, and may not receive a challenge	2228
to more than one person at a time. Challenges by the trial counsel	2229
shall ordinarily be presented and decided before those by the	2230
accused are offered.	2231

(B) Each accused and the trial counsel is entitled to one	2232
peremptory challenge, but the military judge may not be challengd	2233
challenged except for cause.	2234

(C) If the exercise of a peremptory challenge reduces the	2235
number of members of a court-martial below the minimum required	2236
under section 5924.16 of the Revised Code, any remaining	2237
peremptory challenges shall be exercised or waived before	2238
additional members are detailed.	2239

(D) Additional members detailed to a court-martial may be	2240
challenged for cause as provided in division (A) of this section.	2241
After challenges for cause against the additional members are	2242
presented and decided, each accused and trial counsel is entitled	2243
to one peremptory challenge against members not previously	2244
challenged peremptorily.	2245

Sec. 5924.42.  (A) Before performing their respective duties,	2246
military judges, interpreters, members of general and special	2247
courts-martial, the trial counsel, the assistant trial counsel,	2248
the defense counsel, the assistant defense counsel, and reporters	2249
shall take an oath or affirmation to perform their duties	2250
faithfully. The form of the oath or affirmation, the time and	2251
place of the taking thereof, the manner of recording, and whether	2252
the oath shall be taken for all cases in which these duties are to	2253
be performed or for a particular case, shall be as prescribed in	2254
regulations promulgated by the governor. These regulations may	2255
provide that an oath or affirmation to faithfully perform duties	2256
as a military judge, trial counsel, assistant trial counsel,	2257
defense counsel, or assistant defense counsel may be taken at any	2258
time by any judge advocate, law specialist, or other person	2259
certified to be qualified or competent for the duty, and if such	2260
oath is taken it need not again be taken at the time the judge	2261
advocate, law specialist, or other person is detailed to that duty	2262
in the presence of the accused and shall be substantially as	2263
follows:	2264

(1) For a member of the court:

2265

"You, .........., do swear (or affirm) that you will	2266
faithfully perform all the duties incumbent upon you as a member	2267
of this court; that you will faithfully and impartially try,	2268
according to the evidence, your conscience, and the laws and	2269
regulations provided for trials by courts-martial, the case of	2270
(the) (each) accused now before this court; and that if any doubt	2271
should arise not explained by the laws and regulations, then	2272
according to the best of your understanding and the customs of the	2273
service in like cases; that you will not divulge the findings or	2274
sentence in any case until they shall have been duly announced by	2275
the court; and that you will not disclose or discover the vote or	2276
opinion of any particular member of the court upon a challenge or	2277
upon the findings or sentence unless required to do so before a	2278
court of justice in due course of law. So help you God (or under	2279
penalty of perjury)."	2280

(2) For a military judge:

2281

"You, .........., do swear (or affirm) that you will	2282
faithfully and impartially perform, according to your conscience	2283
and the laws and regulations provided for trials by	2284
courts-martial, all the duties incumbent upon you as military	2285
judge of this court; that if any doubt should arise not explained	2286
by the laws and regulations, then according to the best of your	2287
understanding and the customs of the service in like cases; and	2288
that you will not divulge the findings or sentence in any case	2289
until they shall have been duly announced by the court. So help	2290
you God (or under penalty of perjury)."	2291

(3) For trial counsel and assistant trial counsel:

2292

"You, .........., do swear (or affirm) that you will	2293
faithfully perform the duties of trial counsel and will not	2294
divulge the findings or sentence of the court to any but the	2295
proper authority until they shall be duly disclosed. So help you	2296
God (or under penalty of perjury)."	2297

(4) For defense counsel and assistant defense counsel:

2298

"You, .........., do swear (or affirm) that you will	2299
faithfully perform the duties of defense counsel and will not	2300
divulge the findings or sentence of the court to any but the	2301
proper authority until they shall be duly disclosed. So help you	2302
God (or under penalty of perjury)."	2303

(5) For a reporter or interpreter:

2304

"You, ..........., do swear (or affirm) that you will	2305
faithfully perform the duties of reporter (or interpreter) to this	2306
court. So help you God (or under penalty of perjury)."	2307

(B) Each witness before a military courtcourt-martial shall	2308
be examined on oath or affirmation. The presiding officer shall	2309
administer an oath or affirmation in substantially the following	2310
form:	2311

"You, .........., do swear (or affirm) that the evidence you	2312
shall give in the case now in hearing shall be the truth, the	2313
whole truth, and nothing but the truth. So help you God (or under	2314
penalty of perjury)."	2315

Sec. 5924.43.  (A) A person charged with desertion or absence	2316
without leave in time of war, or with aiding the enemy or with	2317
mutiny, or with murder, may be tried and punished at any time	2318
without limitation.	2319

(B) Except as otherwise provided in this section, a person	2320
charged with desertion in time of peace or any of the offenses	2321
punishable under sections 5924.119 to 5924.132 of the Revised	2322
Code, is not liable to be tried by court-martial if the offense	2323
was committed more than three years before the receipt of sworn	2324
charges and specifications by an officer exercising summary	2325
court-martial jurisdiction over the command.	2326

(C) Except as otherwise provided in this section, a person	2327
charged with anyan offense punishable under this code is not	2328
liable to be tried by court-martial or punished under section	2329
5924.15 of the Revised Code if the offense was committed more than	2330
twofour years before the receipt of sworn charges and	2331
specifications by an officer exercising summary court-martial	2332
jurisdiction over the command or before the imposition of	2333
punishment under section 5924.15 of the Revised Code.	2334

(D)(B) Periods in which the accused was absent from territory	2335
in which the state has the authority to apprehend him, oris in	2336
the custody of civil authorities, or in the hands of the enemy,	2337
shall be excluded in computing the period of limitation prescribed	2338
in this section.	2339

Sec. 5924.44.  (A) No person may, without his consent, be	2340
tried a second time in any military or civil courtcourt-martial	2341
of thethis state for the same offense.	2342

(B) No proceeding in which an accused has been found guilty	2343
by a court-martial upon any charge or specification is a trial in	2344
the sensefor purposes of this section until the finding of guilty	2345
has become final after review of the case has been fully	2346
completed.	2347

(C) A proceeding whichthat, after the introduction of	2348
evidence but before a finding, is dismissed or terminated by the	2349
convening authority or on motion of the prosecution for failure	2350
want of available evidence or witnesses without any fault of the	2351
accused is a trial in the sensefor purposes of this section.	2352

Sec. 5924.45.  (A) If anAn accused after arraignment makes	2353
an irregular pleading, or after a plea of guilty sets up matter	2354
inconsistent with the plea, or if it appears that he has entered	2355
the plea of guilty improvidently or through lack of understanding	2356
of its meaning and effect, or if he fails or refuses tomay plead,	2357
a plea of not guilty shall be entered in the record, and the court	2358
shall proceed as though he had pleaded not guilty.	2359

(B) A plea of guilty by the accused may not be accepted to	2360
any charge or specification alleging an offense for which the	2361
death penalty may be adjudged. If a plea of guilty has been	2362
accepted by the military judge or by a court-martial without a	2363
military judge, a finding of guilty, if permitted by regulations	2364
promulgated by the governor, shall be entered immediately without	2365
vote and shall constitute the finding of the court. If the plea of	2366
guilty is withdrawn prior to announcement of the sentence, the	2367
proceedings shall continue as though the accused had pleaded, not	2368
guilty by reason of insanity, guilty, or, with the consent of the	2369
court, no contest. A plea of not guilty by reason of insanity	2370
shall be made in writing by either the accused or the accused's	2371
attorney. All other pleas may be made orally. The pleas of not	2372
guilty and not guilty by reason of insanity may be joined.	2373

(B) If an accused refuses to plead, the court shall enter a	2374
plea of not guilty on behalf of the accused.	2375

(C) Before accepting a plea of guilty, the military judge	2376
shall address the accused personally and inform the accused of,	2377
and determine that the accused understands, all of the following:	2378

(1) The nature of the offense to which the plea is offered	2379
and the maximum possible penalty provided by law;	2380

(2) In a general or special court-martial, if the accused is	2381
not represented by counsel, that the accused has the right to be	2382
represented by counsel at every stage of the proceedings;	2383

(3) That the accused has the right to plead not guilty or to	2384
persist in that plea if already made, that the accused has the	2385
right to be tried by a court-martial, and that at trial the	2386
accused has the right to confront and cross-examine witnesses	2387
against the accused and the right against self-incrimination.	2388

(4) That if the accused pleads guilty, there will not be a	2389
trial of any kind as to those offenses to which the accused has so	2390
pleaded and that by pleading guilty the accused waives the rights	2391
described in division (C)(3) of this section;	2392

(5) That, if the accused pleads guilty, the military judge	2393
will question the accused about the offenses to which the accused	2394
has pleaded guilty, and that, if the accused answers the questions	2395
under oath, on the record, and in the presence of counsel, the	2396
accused's answers may later be used against the accused in a	2397
prosecution for perjury or false statement.	2398

(D) The military judge shall not accept a plea of guilty	2399
without first addressing the accused personally and determining	2400
that the plea is voluntary and not the result of fear, threats, or	2401
promises. The military judge shall also inquire as to whether the	2402
accused's willingness to plead guilty results from prior	2403
discussions between the convening authority, a representative of	2404
the convening authority, or trial counsel and the accused or	2405
defense counsel.	2406

(E) The military judge shall not accept a plea of guilty	2407
without making an inquiry of the accused that satisfies the	2408
military judge that there is a factual basis for the plea. The	2409
accused shall be questioned under oath about the offenses charged.	2410

(F) When a negotiated plea of guilty or no contest to one or	2411
more offenses charged or to one or more other or lesser offenses	2412
is offered, the underlying agreement upon which the plea is based	2413
shall be stated on the record in open court.	2414

(G) If the court refuses to accept a plea of guilty or no	2415
contest, the court shall enter a plea of not guilty on behalf of	2416
the accused, and neither plea shall be admissible in evidence or	2417
be the subject of comment by the trial counsel or court.	2418

(H) The defense of not guilty by reason of insanity must be	2419
pleaded at the time of arraignment, except that the court for good	2420
cause shown shall permit a plea of not guilty by reason of	2421
insanity to be entered at any time before trial.	2422

(I) A motion to withdraw a plea of guilty or no contest may	2423
be made only before sentence is imposed, but to correct manifest	2424
injustice the court after sentence may set aside the judgment of	2425
conviction and permit the accused to withdraw the plea.	2426

(J) An accused who is found guilty after pleading guilty	2427
waives any objection, whether or not previously raised, relating	2428
to the factual issue of guilt of the offense to which the plea was	2429
made.	2430

Sec. 5924.46.  (A) The trial counsel, the defense counsel,	2431
and the court-martial shall have equal opportunity to obtain	2432
witnesses and other evidence in accordance with such regulations	2433
as the governoradjutant general may prescribe.	2434

(B) The president of a court-martial or a summary court	2435
officer may:	2436

(1) Issue a warrant for the arrest of any accused person who,	2437
having been served with a warrant and a copy of the charges,	2438
disobeys a written order by the convening authority to appear	2439
before the court;	2440

(2) Issue subpoenas duces tecum and other subpoenas;

2441

(3) Enforce by attachment the attendance of witnesses and the	2442
production of books and papers; and	2443

(4) Sentence for refusal to be sworn or to answer, as	2444
provided in actions before civil courts of the state.	2445

(C) Process issued in court-martial cases to compel witnesses	2446
to appear and testify and to compel the production of other	2447
evidence shall be substantially similar to process that may be	2448
issued by the courts of this state in criminal cases and shall run	2449
to any part of the state.	2450

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

2451

(1) Hashas been duly subpoenaed to appear as a witness or to	2452
produce books and records before a military court or before any	2453
military or civil officer designated to take a deposition to be	2454
read in evidence before such a military court;	2455

(2) Hasor has been duly paid or tendered the fees and	2456
mileage of a witness at the rates provided for under section	2457
119.094 of the Revised Code; and	2458

(3) Willfullywho willfully neglects or refuses to appear, or	2459
refuses to qualify as a witness or to testify or to produce any	2460
evidence which that the person may have been legally subpoenaed	2461
to produce; is guilty of an offense against the state and, may be	2462
punished for contempt in the same manner as if committed before	2463
civil courts of the stateprovided for in Chapter 2705. of the	2464
Revised Code.	2465

Sec. 5924.48.  A military court, in the manner provided for	2466
in Chapter 2705. of the Revised Code, may punish for contempt any	2467
person who uses any menacing word, sign, or gesture in its	2468
presence, or who disturbs its proceedings by any riot or disorder.	2469
The punishment may not exceed confinement for thirty days or a	2470
fine of one hundred dollars, or bothis guilty of any act	2471
described in section 2705.02 of the Revised Code.	2472

Sec. 5924.49. (A) At any time after charges have been signed	2473
as provided in section 5924.30 of the Revised Code, any party may	2474
take oral or written depositions unless the military judge or	2475
court-martial without a military judge hearing the case or, if the	2476
case is not being heard, an authority competent to convene a	2477
court-martial for the trial of those charges forbids it for good	2478
cause. If a deposition is to be taken before charges are referred	2479
for trial, such an authority may designate commissioned officers	2480
to represent the prosecution and the defense and may authorize	2481
those officers to take the deposition of any witness.	2482

(B) The party at whose instance a deposition is to be taken	2483
shall give to every other party reasonable written notice of the	2484
time and place for taking the deposition.	2485

(C) Depositions may be taken before and authenticated by any	2486
military or civil officer authorized by the laws of the state or	2487
by the laws of the place where the deposition is taken to	2488
administer oaths.	2489

(D) A duly authenticated deposition, taken upon reasonable	2490
notice to the other parties, so far as otherwise admissible under	2491
the rules of evidence, may be read in evidence before any	2492
court-martial or in any proceeding before a court of inquiry, if	2493
it appears:	2494

(1) That the witness resides or is beyond the state in which	2495
the court-martial or court of inquiry is ordered to sit, or beyond	2496
the distance of one hundred miles from the place of trial or	2497
hearing;	2498

(2) That the witness by reason of death, age, sickness,	2499
bodily infirmity, imprisonment, military necessity, nonamenability	2500
to process, or other reasonable cause, is unable or refused to	2501
appear and testify in person at the place of trial or hearing;	2502

(3) That the present whereabouts of the witness is unknown;	2503
or	2504

(4) That the deposition was taken in the physical presence of	2505
the accusedin the manner and for the purposes provided in the	2506
Ohio Rules of Criminal Procedure.	2507

Sec. 5924.50.  (A) In any case not capital and not extending	2508
to the dismissal of a commissioned officer, the sworn testimony,	2509
contained in the duly authenticated record of proceedings of a	2510
courtboard of inquiry,officers of a person whose oral testimony	2511
cannot be obtained, may, if otherwise admissible under the rules	2512
of evidence, be read in evidence by any party before a	2513
court-martial if the accused was a party before the courtboard of	2514
inquiryofficers and if the same issue was involved or if the	2515
accused consents to the introduction of such evidence, and if the	2516
accused was physically present when the testimony was taken.	2517

(B) Such testimony may be read in evidence only by the	2518
defense in cases extending to the dismissal of a commissioned	2519
officer.	2520

(C) Such testimony may also be read in evidence before a	2521
court of inquiry or a military board of officers.	2522

Sec. 5924.501.  (A) In an action under this code, the	2523
military judge, trial counsel, defense counsel, or civilian	2524
counsel may raise the issue of the accused's competence to stand	2525
trial. If the issue is raised before the trial has commenced, the	2526
court shall hold a hearing on the issue as provided in this	2527
section. If the issue is raised after the trial has commenced, the	2528
court shall hold a hearing on the issue only for good cause shown	2529
or on the court's own motion.	2530

(B) The court shall conduct the hearing required or	2531
authorized under division (A) of this section within thirty days	2532
after the issue is raised unless the accused has been referred for	2533
evaluation in which case the court shall conduct the hearing	2534
within ten days after the filing of the report of the evaluation.	2535
A hearing may be continued for good cause.	2536

(C) The accused shall be represented by counsel at the	2537
hearing conducted under division (B) of this section.	2538

(D) The trial counsel and defense counsel may submit evidence	2539
on the issue of the accused's competence to stand trial. A written	2540
report of the evaluation of the accused may be admitted into	2541
evidence at the hearing by stipulation, but, if either the	2542
government or defense objects to its admission, the report may be	2543
admitted under seal of court in camera to the military judge.	2544

(E) The court shall not find an accused incompetent to stand	2545
trial solely because the accused is receiving or has received	2546
treatment as a voluntary or involuntary mentally ill patient under	2547
Chapter 5122. of the Revised Code or because the accused is	2548
receiving or has received psychotropic drugs or other medication,	2549
even if the accused might become incompetent to stand trial	2550
without the drugs or medication.	2551

(F) An accused is presumed to be competent to stand trial.	2552
If, after a hearing, the court finds by a preponderance of the	2553
evidence that, because of the accused's present mental condition,	2554
the accused is incapable of understanding the nature and objective	2555
of the proceedings against the accused or of assisting in the	2556
accused's defense, the court shall find the accused incompetent to	2557
stand trial and shall enter an order authorized by section	2558
5924.503 of the Revised Code.	2559

Sec. 5924.502.  (A) If the issue of an accused's competence	2560
to stand trial is raised or if an accused enters a plea of not	2561
guilty by reason of insanity, the court may order one or more	2562
evaluations of the accused's present mental condition or, in the	2563
case of a plea of not guilty by reason of insanity, of the	2564
accused's mental condition at the time of the offense charged. An	2565
examiner shall conduct the evaluation.	2566

(B) If the court orders more than one evaluation under	2567
division (A) of this section, the trial counsel and the defense	2568
counsel may recommend to the court an examiner whom each prefers	2569
to perform one of the evaluations. If an accused enters a plea of	2570
not guilty by reason of insanity and if the court does not	2571
designate an examiner recommended by the defense counsel, the	2572
court shall inform the accused that the accused may have	2573
independent expert evaluation and that it will be obtained for the	2574
accused at public expense.	2575

(C) If the court orders an evaluation under division (A) of	2576
this section, the accused shall be available at the times and	2577
places established by the examiners who are to conduct the	2578
evaluation. The court may order an accused who is not being held	2579
in pretrial confinement to submit to an evaluation under this	2580
section. If an accused who is not being held in pretrial	2581
confinement refuses to submit to a complete evaluation, the court	2582
may order the sheriff to take the accused into custody and deliver	2583
the accused to a center, program, or facility operated or	2584
certified by the department of mental health where the accused may	2585
be held for evaluation for a reasonable period of time not to	2586
exceed twenty days.	2587

(D) An accused who is being held in pretrial confinement may	2588
be evaluated at the accused's place of detention. Upon the request	2589
of the examiner, the court may order the sheriff to transport the	2590
accused to a program or facility operated or certified by the	2591
department of mental health, where the accused may be held for	2592
evaluation for a reasonable period of time not to exceed twenty	2593
days, and to return the accused to the place of detention after	2594
the evaluation.	2595

(E) If a court orders the evaluation to determine an	2596
accused's mental condition at the time of the offense charged, the	2597
court shall inform the examiner of the offense with which the	2598
accused is charged.	2599

(F) In conducting an evaluation of an accused's mental	2600
condition at the time of the offense charged, the examiner shall	2601
consider all relevant evidence. If the offense charged involves	2602
the use of force against another person, the relevant evidence to	2603
be considered includes, but is not limited to, any evidence that	2604
the accused suffered at the time of the commission of the offense	2605
from the "battered woman syndrome."	2606

(G) The examiner shall file a written report with the court	2607
within thirty days after entry of a court order for evaluation,	2608
and the court shall provide copies of the report to the trial	2609
counsel and defense counsel. The report shall include all of the	2610
following:	2611

(1) The examiner's findings;

2612

(2) The facts in reasonable detail on which the findings are	2613
based;	2614

(3) If the evaluation was ordered to determine the accused's	2615
competence to stand trial, all of the following findings or	2616
recommendations that are applicable:	2617

(a) Whether the accused is capable of understanding the	2618
nature and objective of the proceedings against the accused or of	2619
assisting in the accused's defense;	2620

(b) If the examiner's opinion is that the accused is	2621
incapable of understanding the nature and objective of the	2622
proceedings against the accused or of assisting in the accused's	2623
defense, whether the accused presently is mentally ill;	2624

(c) If the examiner's opinion is that the accused is	2625
incapable of understanding the nature and objective of the	2626
proceedings against the accused or of assisting in the accused's	2627
defense, the examiner's opinion as to the likelihood of the	2628
accused becoming capable of understanding the nature and objective	2629
of the proceedings against the accused and of assisting in the	2630
accused's defense within one year if the accused is provided with	2631
a course of treatment;	2632

(d) If the examiner's opinion is that the accused is	2633
incapable of understanding the nature and objective of the	2634
proceedings against the accused or of assisting in the accused's	2635
defense and that the accused presently is mentally ill, the	2636
examiner's recommendation as to the least restrictive placement or	2637
commitment alternative, consistent with the accused's treatment	2638
needs for restoration to competency and with the safety of the	2639
community;	2640

(e) If the accused is charged before a special or summary	2641
court-martial with an offense that is not a violation of section	2642
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2643
examiner's opinion is that the accused is incapable of	2644
understanding the nature and objective of the proceedings against	2645
the accused or of assisting in the accused's defense and that the	2646
accused is presently mentally ill, the examiner's recommendation	2647
as to whether the accused is amenable to engagement in mental	2648
health treatment.	2649

(4) If the evaluation was ordered to determine the accused's	2650
mental condition at the time of the offense charged, the	2651
examiner's findings as to whether the accused at the time of the	2652
offense charged did not know, as a result of a severe mental	2653
disease or defect, the wrongfulness of the accused's acts charged.	2654

(H) An examiner appointed under divisions (A) and (B) of this	2655
section to evaluate an accused to determine the accused's	2656
competence to stand trial also may be appointed to evaluate an	2657
accused who has entered a plea of not guilty by reason of	2658
insanity, but an examiner of that nature shall prepare separate	2659
reports on the issue of competence to stand trial and the defense	2660
of not guilty by reason of insanity.	2661

(I) No statement that an accused makes in an evaluation or	2662
hearing under divisions (A) to (H) of this section relating to the	2663
accused's competence to stand trial or to the accused's mental	2664
condition at the time of the offense charged may be used against	2665
the accused on the issue of guilt in any criminal action or	2666
proceeding, but, in a criminal action or proceeding, the trial	2667
counsel or defense counsel may call as a witness any person who	2668
evaluated the accused or prepared a report pursuant to a referral	2669
under this section. Neither the appointment nor the testimony of	2670
an examiner appointed under this section precludes the trial	2671
counsel or defense counsel from calling other witnesses or	2672
presenting other evidence on competency or insanity issues.	2673

(J) Persons appointed as examiners under divisions (A) and	2674
(B) of this section or under division (H) of this section shall be	2675
paid a reasonable amount for their services and expenses, as	2676
certified by the court.	2677

Sec. 5924.503.  (A) If the issue of an accused's competence	2678
to stand trial is raised and if the court, upon conducting the	2679
hearing provided for in section 5924.502 of the Revised Code,	2680
finds that the accused is competent to stand trial, the accused	2681
shall be proceeded against as provided by law. If the court finds	2682
the accused competent to stand trial and the accused is receiving	2683
psychotropic drugs or other medication, the court may authorize	2684
the continued administration of the drugs or medication or other	2685
appropriate treatment in order to maintain the accused's	2686
competence to stand trial unless the accused's attending physician	2687
advises the court against continuation of the drugs, other	2688
medication, or treatment.	2689

(B)(1)(a) If, after taking into consideration all relevant	2690
reports, information, and other evidence, the court finds that the	2691
accused is incompetent to stand trial and that there is a	2692
substantial probability that the accused will become competent to	2693
stand trial within one year if the accused is provided with a	2694
course of treatment, the court shall order the accused to undergo	2695
treatment. If the accused is being tried by a general	2696
court-martial and if, after taking into consideration all relevant	2697
reports, information, and other evidence, the court finds that the	2698
accused is incompetent to stand trial, but the court is unable at	2699
that time to determine whether there is a substantial probability	2700
that the accused will become competent to stand trial within one	2701
year if the accused is provided with a course of treatment, the	2702
court shall order continuing evaluation and treatment of the	2703
accused for a period not to exceed four months to determine	2704
whether there is a substantial probability that the accused will	2705
become competent to stand trial within one year if the accused is	2706
provided with a course of treatment.	2707

(b) The court order for the accused to undergo treatment or	2708
continuing evaluation and treatment under division (B)(1)(a) of	2709
this section shall specify that the accused, if determined to	2710
require mental health treatment or continuing evaluation and	2711
treatment, shall be committed to the department of mental health	2712
for treatment or continuing evaluation and treatment at a	2713
hospital, facility, or agency determined to be clinically	2714
appropriate by the department of mental health. The order may	2715
restrict the accused's freedom of movement as the court considers	2716
necessary. The trial counsel in the accused's case shall send to	2717
the chief clinical officer of the hospital, facility, or agency	2718
where the accused is placed by the department of mental health or	2719
to the managing officer of the institution, the director of the	2720
facility, or the person to which the accused is committed copies	2721
of relevant investigative reports and other background information	2722
that pertains to the accused and is available to the trial counsel	2723
unless the trial counsel determines that the release of any of the	2724
information in the investigative reports or any of the other	2725
background information to unauthorized persons would interfere	2726
with the effective prosecution of any person or would create a	2727
substantial risk of harm to any person.	2728

In committing the accused to the department of mental health,	2729
the court shall consider the extent to which the person is a	2730
danger to the person and to others, the need for security, and the	2731
type of crime involved and, if the court finds that restrictions	2732
on the accused's freedom of movement are necessary, shall specify	2733
the least restrictive limitations on the person's freedom of	2734
movement determined to be necessary to protect public safety. In	2735
weighing these factors, the court shall give preference to	2736
protecting public safety.	2737

(c) If the accused is found incompetent to stand trial, if	2738
the chief clinical officer of the hospital, facility, or agency	2739
where the accused is placed, or the managing officer of the	2740
institution, the director of the facility, or the person to which	2741
the accused is committed for treatment or continuing evaluation	2742
and treatment under division (B)(1)(b) of this section determines	2743
that medication is necessary to restore the accused's competency	2744
to stand trial, and if the accused lacks the capacity to give	2745
informed consent or refuses medication, the chief clinical officer	2746
of the hospital, facility, or agency where the accused is placed	2747
or the managing officer of the institution, the director of the	2748
facility, or the person to which the accused is committed for	2749
treatment or continuing evaluation and treatment may petition the	2750
court for authorization for the involuntary administration of	2751
medication. The court shall hold a hearing on the petition within	2752
five days of the filing of the petition. Following the hearing,	2753
the court may authorize the involuntary administration of	2754
medication or may dismiss the petition.	2755

(d) If the accused is charged before a special or summary	2756
court-martial with an offense that is not a violation of section	2757
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2758
counsel may hold the charges in abeyance while the accused engages	2759
in mental health treatment.	2760

(2) If the court finds that the accused is incompetent to	2761
stand trial and that, even if the accused is provided with a	2762
course of treatment, there is not a substantial probability that	2763
the accused will become competent to stand trial within one year,	2764
the court shall order the discharge of the accused, unless upon	2765
motion of the trial counsel or on its own motion, the court either	2766
seeks to retain jurisdiction over the accused pursuant to division	2767
(A)(2) of section 5924.504 of the Revised Code or files an	2768
affidavit in the probate court for the civil commitment of the	2769
accused pursuant to Chapter 5122. of the Revised Code alleging	2770
that the accused is a mentally ill person subject to	2771
hospitalization by court order. If an affidavit is filed in the	2772
probate court, the trial court shall send to the probate court	2773
copies of all written reports of the accused's mental condition	2774
that were prepared pursuant to section 5924.502 of the Revised	2775
Code.	2776

The trial court may issue the temporary order of detention	2777
that a probate court may issue under section 5122.11 of the	2778
Revised Code, to remain in effect until the probable cause or	2779
initial hearing in the probate court. Further proceedings in the	2780
probate court are civil proceedings governed by Chapter 5122. of	2781
the Revised Code.	2782

(C) No accused shall be required to undergo treatment,	2783
including any continuing evaluation and treatment, under division	2784
(B)(1) of this section for longer than whichever of the following	2785
periods is applicable:	2786

(1) One year, if the accused is being tried by a general	2787
court-martial;	2788

(2) Six months, if the accused is being tried before a	2789
special court-martial;	2790

(3) Sixty days, if the accused is being tried before a	2791
summary court-martial.	2792

(D) Any accused who is committed pursuant to this section	2793
shall not voluntarily admit the accused or be voluntarily admitted	2794
to a hospital or institution pursuant to section 5122.02 or	2795
5122.15 of the Revised Code.	2796

(E) Except as otherwise provided in this division, an accused	2797
who is charged with an offense and is committed by the court under	2798
this section to the department of mental health with restrictions	2799
on the accused's freedom of movement shall not be granted	2800
unsupervised on-grounds movement, supervised off-grounds movement,	2801
or nonsecured status except in accordance with the court order.	2802
The court may grant an accused supervised off-grounds movement to	2803
obtain medical treatment or specialized habilitation treatment	2804
services if the person who supervises the treatment or the	2805
continuing evaluation and treatment of the accused ordered under	2806
division (B)(1)(a) of this section informs the court that the	2807
treatment or continuing evaluation and treatment cannot be	2808
provided at the hospital or facility where the accused is placed	2809
by the department of mental health. The chief clinical officer of	2810
the hospital or facility where the accused is placed by the	2811
department of mental health or the managing officer of the	2812
institution or director of the facility to which the accused is	2813
committed or a designee of any of those persons may grant an	2814
accused movement to a medical facility for an emergency medical	2815
situation with appropriate supervision to ensure the safety of the	2816
accused, staff, and community during that emergency medical	2817
situation. The chief clinical officer of the hospital or facility	2818
where the accused is placed by the department of mental health or	2819
the managing officer of the institution or director of the	2820
facility to which the accused is committed shall notify the court	2821
within twenty-four hours of the accused's movement to the medical	2822
facility for an emergency medical situation under this division.	2823

(F) The person who supervises the treatment or continuing	2824
evaluation and treatment of an accused ordered to undergo	2825
treatment or continuing evaluation and treatment under division	2826
(B)(1)(a) of this section shall file a written report with the	2827
court at the following times:	2828

(1) Whenever the person believes the accused is capable of	2829
understanding the nature and objective of the proceedings against	2830
the accused and of assisting in the accused's defense;	2831

(2) Fourteen days before expiration of the maximum time for	2832
treatment as specified in division (C) of this section and	2833
fourteen days before the expiration of the maximum time for	2834
continuing evaluation and treatment as specified in division	2835
(B)(1)(a) of this section;	2836

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

2837

(4) Whenever the person who supervises the treatment or	2838
continuing evaluation and treatment of an accused ordered under	2839
division (B)(1)(a) of this section believes that there is not a	2840
substantial probability that the accused will become capable of	2841
understanding the nature and objective of the proceedings against	2842
the accused or of assisting in the accused's defense even if the	2843
accused is provided with a course of treatment.	2844

(G) A report under division (F) of this section shall contain	2845
the examiner's findings, the facts in reasonable detail on which	2846
the findings are based, and the examiner's opinion as to the	2847
accused's capability of understanding the nature and objective of	2848
the proceedings against the accused and of assisting in the	2849
accused's defense. If, in the examiner's opinion, the accused	2850
remains incapable of understanding the nature and objective of the	2851
proceedings against the accused and of assisting in the accused's	2852
defense and there is a substantial probability that the accused	2853
will become capable of understanding the nature and objective of	2854
the proceedings against the accused and of assisting in the	2855
accused's defense if the accused is provided with a course of	2856
treatment, if in the examiner's opinion the accused remains	2857
mentally ill, and if the maximum time for treatment as specified	2858
in division (C) of this section has not expired, the report also	2859
shall contain the examiner's recommendation as to the least	2860
restrictive placement or commitment alternative that is consistent	2861
with the accused's treatment needs for restoration to competency	2862
and with the safety of the community. The court shall provide	2863
copies of the report to the trial counsel and defense counsel.	2864

(H) If an accused is committed pursuant to division (B)(1) of	2865
this section, within ten days after the treating physician of the	2866
accused or the examiner of the accused who is employed or retained	2867
by the treating facility advises that there is not a substantial	2868
probability that the accused will become capable of understanding	2869
the nature and objective of the proceedings against the accused or	2870
of assisting in the accused's defense even if the accused is	2871
provided with a course of treatment, within ten days after the	2872
expiration of the maximum time for treatment as specified in	2873
division (C) of this section, within ten days after the expiration	2874
of the maximum time for continuing evaluation and treatment as	2875
specified in division (B)(1)(a) of this section, within thirty	2876
days after an accused's request for a hearing that is made after	2877
six months of treatment, or within thirty days after being advised	2878
by the treating physician or examiner that the accused is	2879
competent to stand trial, whichever is the earliest, the court	2880
shall conduct another hearing to determine if the accused is	2881
competent to stand trial and shall do whichever of the following	2882
is applicable:	2883

(1) If the court finds that the accused is competent to stand	2884
trial, the accused shall be proceeded against as provided by law.	2885

(2) If the court finds that the accused is incompetent to	2886
stand trial, but that there is a substantial probability that the	2887
accused will become competent to stand trial if the accused is	2888
provided with a course of treatment, and the maximum time for	2889
treatment as specified in division (C) of this section has not	2890
expired, the court, after consideration of the examiner's	2891
recommendation, shall order that treatment be continued, may	2892
change least restrictive limitations on the accused's freedom of	2893
movement.	2894

(3) If the court finds that the accused is incompetent to	2895
stand trial, if the accused is being tried by a general	2896
court-martial, and if the court finds that there is not a	2897
substantial probability that the accused will become competent to	2898
stand trial even if the accused is provided with a course of	2899
treatment, or if the maximum time for treatment as specified in	2900
division (C) of this section has expired, further proceedings	2901
shall be as provided in sections 5924.504 to 5924.506 of the	2902
Revised Code.	2903

(4) If the court finds that the accused is incompetent to	2904
stand trial, if the accused is being tried before a special	2905
court-martial, and if the court finds that there is not a	2906
substantial probability that the accused will become competent to	2907
stand trial even if the accused is provided with a course of	2908
treatment, or if the maximum time for treatment as specified in	2909
division (C) of this section has expired, the court shall dismiss	2910
the charge against the accused. A dismissal under this division is	2911
not a bar to further prosecution based on the same conduct. The	2912
court shall discharge the accused unless the court or trial	2913
counsel files an affidavit in probate court for civil commitment	2914
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	2915
civil commitment is filed, the court may detain the accused for	2916
ten days pending civil commitment. All of the following provisions	2917
apply to persons being tried by a special court-martial who are	2918
committed by the probate court subsequent to the court's or trial	2919
counsel's filing of an affidavit for civil commitment under	2920
authority of this division:	2921

(a) The chief clinical officer of the entity, hospital, or	2922
facility, the managing officer of the institution, or the person	2923
to which the accused is committed or admitted shall do all of the	2924
following:	2925

(i) Notify the trial counsel in writing of the discharge of	2926
the accused, send the notice at least ten days prior to the	2927
discharge unless the discharge is by the probate court and state	2928
in the notice the date on which the accused will be discharged;	2929

(ii) Notify the trial counsel in writing when the accused is	2930
absent without leave or is granted unsupervised, off-grounds	2931
movement and send this notice promptly after the discovery of the	2932
absence without leave or prior to the granting of the	2933
unsupervised, off-grounds movement, whichever is applicable;	2934

(iii) Notify the trial counsel in writing of the change of	2935
the accused's commitment or admission to voluntary status, send	2936
the notice promptly upon learning of the change to voluntary	2937
status, and state in the notice the date on which the accused was	2938
committed or admitted on a voluntary status.	2939

(b) The trial counsel shall promptly inform the convening	2940
authority of any notification received under division (H)(4)(a) of	2941
this section. Upon receiving notice that the accused will be	2942
granted unsupervised, off-grounds movement, the convening	2943
authority either shall refer the charges against the accused to an	2944
investigating officer again or promptly notify the court that the	2945
convening authority does not intend to refer the charges against	2946
the accused again.	2947

(I) If an accused is convicted of a crime and sentenced to	2948
confinement, the accused's sentence shall be reduced by the total	2949
number of days the accused is confined for evaluation to determine	2950
the accused's competence to stand trial or treatment under this	2951
section and sections 5924.502 and 5924.504 of the Revised Code or	2952
by the total number of days the accused is confined for evaluation	2953
to determine the accused's mental condition at the time of the	2954
offense charged.	2955

Sec. 5924.504.  (A) If an accused being tried by a general	2956
court-martial is found incompetent to stand trial, after the	2957
expiration of the maximum time for treatment as specified in	2958
division (C) of section 5924.503 of the Revised Code or after the	2959
court finds that there is not a substantial probability that the	2960
accused will become competent to stand trial even if the accused	2961
is provided with a course of treatment, one of the following	2962
applies:	2963

(1) The court or the trial counsel may file an affidavit in	2964
probate court for civil commitment of the accused in the manner	2965
provided in Chapter 5122. of the Revised Code. If the court or	2966
trial counsel files an affidavit for civil commitment, the court	2967
may detain the accused for ten days pending civil commitment. If	2968
the probate court commits the accused subsequent to the court's or	2969
trial counsel's filing of an affidavit for civil commitment, the	2970
chief clinical officer of the entity, hospital, or facility, the	2971
managing officer of the institution, or the person to which the	2972
accused is committed or admitted shall send to the trial counsel	2973
the notices described in divisions (H)(4)(a)(i) to (iii) of	2974
section 5924.503 of the Revised Code within the periods of time	2975
and under the circumstances specified in those divisions.	2976

(2) On the motion of the trial counsel or on its own motion,	2977
the court may retain jurisdiction over the accused if at a hearing	2978
the court finds both of the following by clear and convincing	2979
evidence:	2980

(a) The accused committed the offense with which the accused	2981
is charged.	2982

(b) The accused is a mentally ill person subject to	2983
hospitalization by court order.	2984

(B) In making its determination under division (A)(2) of this	2985
section as to whether to retain jurisdiction over the accused, the	2986
court may consider all relevant evidence, including, but not	2987
limited to, any relevant psychiatric, psychological, or medical	2988
testimony or reports, the acts constituting the offense charged,	2989
and any history of the accused that is relevant to the accused's	2990
ability to conform to the law.	2991

(C) If the court conducts a hearing as described in division	2992
(A)(2) of this section and if the court does not make both	2993
findings described in divisions (A)(2)(a) and (b) of this section	2994
by clear and convincing evidence, the court shall dismiss the	2995
charges against the accused. Upon the dismissal, the court shall	2996
discharge the accused unless the court or trial counsel files an	2997
affidavit in probate court for civil commitment of the accused	2998
pursuant to Chapter 5122. of the Revised Code. If the court or	2999
trial counsel files an affidavit for civil commitment, the court	3000
may order that the accused be detained for up to ten days pending	3001
the civil commitment. If the probate court commits the accused	3002
subsequent to the court's or trial counsel's filing of an	3003
affidavit for civil commitment, the chief clinical officer of the	3004
entity, hospital, or facility, the managing officer of the	3005
institution, or the person to which the accused is committed or	3006
admitted shall send to the trial counsel the notices described in	3007
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	3008
Code within the periods of time and under the circumstances	3009
specified in those divisions. A dismissal of charges under this	3010
division is not a bar to further criminal proceedings based on the	3011
same conduct.	3012

(D)(1) If the court conducts a hearing as described in	3013
division (A)(2) of this section and if the court makes the	3014
findings described in divisions (A)(2)(a) and (b) of this section	3015
by clear and convincing evidence, the court shall commit the	3016
accused, if determined to require mental health treatment, to the	3017
department of mental health for treatment at a hospital, facility,	3018
or agency as determined clinically appropriate by the department	3019
of mental health. In committing the accused to the department of	3020
mental health, the court shall specify the least restrictive	3021
limitations on the accused's freedom of movement determined to be	3022
necessary to protect public safety.	3023

(2) If a court makes a commitment of an accused under	3024
division (D)(1) of this section, the trial counsel shall send to	3025
the hospital, facility, or agency where the accused is placed by	3026
the department of mental health or to the accused's place of	3027
commitment all reports of the accused's current mental condition	3028
and, except as otherwise provided in this division, any other	3029
relevant information, including, but not limited to, a transcript	3030
of the hearing held pursuant to division (A)(2) of this section,	3031
copies of relevant investigative reports, and copies of any prior	3032
arrest and conviction records that pertain to the accused and that	3033
the trial counsel possesses. The trial counsel shall send the	3034
reports of the accused's current mental condition in every case of	3035
commitment, and, unless the trial counsel determines that the	3036
release of any of the other relevant information to unauthorized	3037
persons would interfere with the effective prosecution of any	3038
person or would create a substantial risk of harm to any person,	3039
the trial counsel also shall send the other relevant information.	3040

(3) If a court makes a commitment under division (D)(1) of	3041
this section, all further proceedings shall be in accordance with	3042
Chapter 5122. of the Revised Code.	3043

Sec. 5924.505.  For purposes of sections 5924.502 and	3044
5924.506 of the Revised Code, a person is "not guilty by reason of	3045
insanity" relative to a charge of an offense only as described in	3046
division (A)(14) of section 2901.01 of the Revised Code. Proof	3047
that a person's reason, at the time of the commission of an	3048
offense, was so impaired that the person did not have the ability	3049
to refrain from doing the person's act or acts, does not	3050
constitute a defense.	3051

Sec. 5924.506.  (A) If an accused person is found not guilty	3052
by reason of insanity, the verdict shall state that finding, and	3053
the trial court shall conduct a full hearing to determine whether	3054
the person is a mentally ill person subject to hospitalization by	3055
court order. Prior to the hearing, if the military judge believes	3056
that there is probable cause that the person found not guilty by	3057
reason of insanity is a mentally ill person subject to	3058
hospitalization by court order, the military judge may issue a	3059
temporary order of detention for that person to remain in effect	3060
for ten court days or until the hearing, whichever occurs first.	3061

Any person detained pursuant to a temporary order of	3062
detention issued under this division shall be held in a suitable	3063
facility, taking into consideration the place and type of	3064
confinement prior to and during trial.	3065

(B) The court shall hold the hearing under division (A) of	3066
this section to determine whether the person found not guilty by	3067
reason of insanity is a mentally ill person subject to	3068
hospitalization by court order within ten court days after the	3069
finding of not guilty by reason of insanity. Failure to conduct	3070
the hearing within the ten-day period shall cause the immediate	3071
discharge of the respondent, unless the judge grants a continuance	3072
for not longer than ten court days for good cause shown or for any	3073
period of time upon motion of the respondent.	3074

(C) If a person is found not guilty by reason of insanity,	3075
the person has the right to attend a hearing conducted pursuant to	3076
this section. At the hearing, the court shall inform the person	3077
that the person has all of the following rights:	3078

(1) The right to be represented by defense counsel or to	3079
retain civilian counsel, if the person so chooses;	3080

(2) The right to have independent expert evaluation;

3081

(3) The right to subpoena witnesses and documents, to present	3082
evidence on the person's behalf, and to cross-examine witnesses	3083
against the person;	3084

(4) The right to testify in the person's own behalf and to	3085
not be compelled to testify;	3086

(5) The right to have copies of any relevant medical or	3087
mental health document in the custody of the state or of any place	3088
of commitment other than a document for which the court finds that	3089
the release to the person of information contained in the document	3090
would create a substantial risk of harm to any person.	3091

(D) The hearing under division (A) of this section shall be	3092
open to the public, and the court shall conduct the hearing in	3093
accordance with regulations prescribed by the adjutant general.	3094
The court shall make and maintain a full transcript and record of	3095
the hearing proceedings. The court may consider all relevant	3096
evidence, including, but not limited to, any relevant psychiatric,	3097
psychological, or medical testimony or reports, the acts	3098
constituting the offense in relation to which the person was found	3099
not guilty by reason of insanity, and any history of the person	3100
that is relevant to the person's ability to conform to the law.	3101

(E) Upon completion of the hearing under division (A) of this	3102
section, if the court finds there is not clear and convincing	3103
evidence that the person is a mentally ill person subject to	3104
hospitalization by court order, the court shall discharge the	3105
person, unless a detainer has been placed upon the person by the	3106
department of rehabilitation and correction, in which case the	3107
person shall be returned to that department.	3108

(F) If, at the hearing under division (A) of this section,	3109
the court finds by clear and convincing evidence that the person	3110
is a mentally ill person subject to hospitalization by court	3111
order, it shall commit the person to the department of mental	3112
health for placement in a hospital, facility, or agency as	3113
determined clinically appropriate by the department of mental	3114
health. Further proceedings shall be in accordance with Chapter	3115
5122. or 5123. of the Revised Code. In committing the accused to	3116
the department of mental health, the court shall specify the least	3117
restrictive limitations on the accused's freedom of movement	3118
determined to be necessary to protect public safety.	3119

(G) If a court makes a commitment of a person under division	3120
(F) of this section, the trial counsel shall send to the hospital,	3121
facility, or agency where the defendant is placed by the	3122
department of mental health or to the accused's place of	3123
commitment all reports of the person's current mental condition,	3124
and, except as otherwise provided in this division, any other	3125
relevant information, including, but not limited to, a transcript	3126
of the hearing held pursuant to division (A) of this section,	3127
copies of relevant investigative reports, and copies of any prior	3128
arrest and conviction records that pertain to the person and that	3129
the trial counsel possesses. The trial counsel shall send the	3130
reports of the person's current mental condition in every case of	3131
commitment, and, unless the trial counsel determines that the	3132
release of any of the other relevant information to unauthorized	3133
persons would interfere with the effective prosecution of any	3134
person or would create a substantial risk of harm to any person,	3135
the trial counsel also shall send the other relevant information.	3136

(H) A person who is committed pursuant to this section shall	3137
not voluntarily admit the person or be voluntarily admitted to a	3138
hospital or institution pursuant to sections 5122.02 and 5122.15	3139
of the Revised Code.	3140

Sec. 5924.51.  (A) Voting by members of a general or special	3141
court-martial on the findings and on the sentence, and by members	3142
of a court-martial without a military judge upon questions of	3143
challenge, shall be by secret written ballot. The junior member of	3144
the court shall in each case count the votes. The count shall be	3145
checked by the president, who shall forthwith announce the result	3146
of the ballot to the members of the court.	3147

(B) The military judge and, except for questions of	3148
challenge, the president of a court-martial without a military	3149
judge shall rule upon all questions of law and all interlocutory	3150
questions arising during the proceedings. Any such ruling made by	3151
the military judge upon any question of law or any interlocutory	3152
question other than the factual issue of mental responsibility of	3153
the accused, or by the president of a special court-martial,	3154
without a military judge upon any question of law other than a	3155
motion for a finding of not guilty, is final and constitutes the	3156
ruling of the court. However, the military judge or the president	3157
of a court-martial without a military judge may change the ruling	3158
at any time during the trial. Unless the ruling is final, if any	3159
member objects thereto, the court shall be cleared and closed and	3160
the question decided by a voice vote as provided in section	3161
5924.52 of the Revised Code, beginning with the junior in rank.	3162

(C) Before a vote is taken on the findings, the military	3163
judge or the president of a court-martial without a military judge	3164
shall, in the presence of the accused and counsel, instruct the	3165
members of the court as to the elements of the offense and charge	3166
the courtthem:	3167

(1) That the accused must be presumed to be innocent until	3168
his guilt is established by legal and competent evidence beyond	3169
reasonable doubt;	3170

(2) That in the case being considered, if there is a	3171
reasonable doubt as to the guilt of the accused, the doubt must be	3172
resolved in favor of the accused, and hethe accused must be	3173
acquitted;	3174

(3) That, if there is a reasonable doubt as to the degree of	3175
guilt, the finding must be in a lower degree as to which there is	3176
no reasonable doubt; and	3177

(4) That the burden of proof to establish the guilt of the	3178
accused beyond reasonable doubt is upon the state.	3179

(D) Divisions (A), (B), and (C) of this section do not apply	3180
to a court-martial composed of a military judge only. The military	3181
judge of such a court-martial shall determine all questions of law	3182
and fact arising during the proceedings and, if the accused is	3183
convicted, adjudge an appropriate sentence. The military judge of	3184
such a court-martial shall make a general finding and shall in	3185
addition on request find the facts speciallymake specific	3186
findings of fact. If an opinion or memorandum of decision is	3187
filed, it will be sufficient if the findings of fact appear	3188
therein.	3189

Sec. 5924.52.  (A)(1) No person may be convicted of an	3190
offense for which the death penalty is made mandatory by law,	3191
except by the concurrence of all members of the court-martial	3192
present at the time the vote is taken.	3193

(2) No person may be convicted of any other offense, except	3194
as provided in division (B) of section 5924.45 of the Revised Code	3195
or by the concurrence of two-thirds of the members of the	3196
court-martial present at the time the vote is taken.	3197

(B)(1) No person may be sentenced to suffer death, except by	3198
the concurrence of all members of the court-martial present at the	3199
time the vote is taken and for an offense in this chapter	3200
expressly made punishable by death.	3201

(2) No person may be sentenced to life imprisonment or to	3202
confinement for more than ten years, except by the concurrence of	3203
three-fourths of the members present at the time the vote is	3204
taken.	3205

(3) All other sentences shall be determined by the	3206
concurrence of two-thirds of the members present at the time the	3207
vote is taken.	3208

(C) All other questions to be decided by the members of a	3209
general or special court-martial shall be determined by a majority	3210
vote, but a determination to reconsider a finding of guilty or to	3211
reconsider a sentence, to decrease or lessen it, may be made by	3212
any lesser vote whichthat indicates that the reconsideration is	3213
not opposed by the number of votes required for that finding or	3214
sentence. A tie vote on a challenge disqualifies the member	3215
challenged. A tie vote on a motion for a finding of not guilty or	3216
on a motion relating to the question of the accused's sanity is a	3217
determination against the accused. A tie vote on any other	3218
question is a determination in favor of the accused.	3219

Sec. 5924.54.  (A) Each general court-martial shall keep a	3220
separate record of the proceedings in each case brought before it,	3221
and the record shall be authenticated by the signature of the	3222
military judge. If the record cannot be authenticated by the	3223
military judge by reason of his death, disability, or absence, it	3224
shall be authenticated by the signature of the trial counsel or by	3225
that of a member if the trial counsel is unable to authenticate it	3226
by reason of his death, disability, or absence. In a court-martial	3227
consisting of only a military judge, the record shall be	3228
authenticated by the court reporter under the same conditions	3229
whichthat would impose such a duty on a member under this	3230
division if the proceedings have resulted in an acquittal of all	3231
charges and specifications or, if not affecting a general or flag	3232
officer, in a sentence not including discharge and not in excess	3233
of that which may otherwise be adjudged by a special	3234
court-martial. The record shall contain matters as may be	3235
prescribed by regulations of the governor.	3236

(B) Each special and summary court-martial shall keep a	3237
separate record of the proceedings in each case, whichand the	3238
record shall contain such matter and be authenticated in suchthe	3239
manner as may be required by regulations which the governor may	3240
prescribeprescribed by the adjutant general.	3241

(C)(1) A complete record of the proceedings and testimony	3242
shall be prepared in the following cases:	3243

(a) Each case tried before a general court-martial in which	3244
the sentence adjudged includes a dismissal, a discharge, or any	3245
punishment that exceeds the punishment that may otherwise be	3246
adjudged by a special court-martial;	3247

(b) Each case tried before a special court-martial in which	3248
the sentence adjudged includes a bad-conduct discharge or	3249
confinement for more than six months.	3250

(2) In all other cases tried before a court-martial, the	3251
record shall contain any matters that are required by regulations	3252
of the adjutant general. A copy of the record of the proceedings	3253
of each general and special court-martial shall be given to the	3254
accused as soon as it is authenticated. If a verbatim record of	3255
trial by general or special court-martial is not required under	3256
divisions (A) and (B) of this section, the accused may buy such a	3257
record under such regulations as the governor may prescribe.	3258

Sec. 5924.56.  The punishment whichthat a court-martial may	3259
direct for an offense may not exceed limits prescribed by this	3260
code or such lesser limits as the governor may prescribeadjutant	3261
general for the offense.	3262

Sec. 5924.57.  (A) Whenever a sentence of a court-martial as	3263
lawfully adjudged and approved includes a forfeitures(1) A	3264
forfeiture of pay or allowances in addition to confinement not	3265
suspended or deferred, the forfeiture may apply to pay or	3266
allowances becoming due on or after the date the sentence is	3267
approved by the convening authority. No forfeiture may extend to	3268
any pay or allowances accrued before that dateor reduction in	3269
grade that is included in a sentence of a court-martial takes	3270
effect on the earlier of the date that is fourteen days after the	3271
date on which the sentence is adjudged or the date on which the	3272
sentence is approved by the convening authority.	3273

(2) On application of an accused, the convening authority may	3274
defer a forfeiture of pay or allowances or reduction in grade that	3275
would otherwise become effective on the date that is fourteen days	3276
after the date on which the sentence is adjudged until the date on	3277
which the sentence is approved by the convening authority. The	3278
convening authority may at any time rescind a deferment granted	3279
under this division.	3280

(3) A forfeiture of pay or allowances applies to pay or	3281
allowances accruing on and after the date on which the sentence	3282
takes effect.	3283

(B) Any period of confinement included in a sentence of a	3284
court-martial begins to run from the date the sentence is adjudged	3285
by the court-martial, but periods during which the sentence to	3286
confinement is suspended or deferred shall be excluded in	3287
computing the service of the term of confinement. Regulations	3288
prescribed by the governor may provide that sentences of	3289
confinement may not be executed until approved by designated	3290
officers.	3291

(C) All other sentences of courts-martial are effective on	3292
the date ordered executed.	3293

(D)(1) On application by an accused who is under sentence to	3294
confinement that has not been ordered executed, the convening	3295
authority or, if the accused is no longer under histhe convening	3296
authority's jurisdiction, the governor,officer exercising general	3297
court-martial jurisdiction over the command to which the accused	3298
is currently assigned may in histhe officer's sole discretion	3299
defer service of the sentence to confinement. The deferment shall	3300
terminate when the sentence is ordered executed. The deferment may	3301
be rescinded at any time by the officer who granted it or, if the	3302
accused is no longer under histhe officer's jurisdiction, by the	3303
governorofficer exercising general court-martial jurisdiction	3304
over the command to which the accused is currently assigned.	3305

(2) In any case in which a court-martial sentences a person	3306
described in division (D)(3) of this section to confinement, the	3307
convening authority may defer the service of the sentence to	3308
confinement, without the consent of that person, until after the	3309
person has been permanently released to the armed forces by a	3310
state or foreign country referred to in that division.	3311

(3) Division (D)(2) of this section applies to a person	3312
subject to this chapter who, while in the custody of a state or	3313
foreign country, is temporarily returned by that state or foreign	3314
country to the armed forces for trial by court-martial and after	3315
the court-martial is returned to that state or foreign country	3316
under the authority of a mutual agreement or treaty.	3317

(4) As used in division (D)(3) of this section, "state"	3318
includes the District of Columbia and any state, commonwealth,	3319
territory, or possession of the United States having a national	3320
guard.	3321

(E) In any case in which a sentence to confinement has been	3322
ordered executed but in which review of the case under section	3323
5924.64 of the Revised Code is pending, the adjutant general may	3324
defer further service of the sentence while the review is pending.	3325

Sec. 5924.58.  (A) ASubject to regulations prescribed by the	3326
adjutant general, a sentence of confinement adjudged by a	3327
court-martial or other military courttribunal, whether or not the	3328
sentence includes discharge or dismissal, and whether or not the	3329
discharge or dismissal has been executed, may be carried into	3330
execution by confinement in any place of confinement under the	3331
control of any of the forces of the organized militia or in any	3332
jail or prison designated for that purposejail or correctional	3333
facility in this state. Persons so confined in a jail or prison	3334
are subject to the same discipline and treatment as persons	3335
confined or committed to the jail or prisoncorrectional facility	3336
by the courts of the state or of any political subdivision	3337
thereofof the state.	3338

(B) The omission of the words "hard labor" from any sentence	3339
or punishment of a court-martial adjudging confinement does not	3340
deprive the authority executing that sentence or punishment of the	3341
power to require hard labor as a part of the punishment.	3342

(C) The keepers, officers, and wardens of city or county	3343
jails and of other jails or prisons designated by the governor, or	3344
by such person as he may authorize to act under section 5924.11 of	3345
the Revised Code and of this code, shall receive persons ordered	3346
into confinement before trial and persons committed to confinement	3347
by a military court and shall confine them according to law. No	3348
such keeper, officer, or warden may require payment of any fee or	3349
chargekind may be required for so receiving or confining a person	3350
housing a prisoner under this code.	3351

Sec. 5924.581.  (A) Except as otherwise provided in	3352
regulations made by the adjutant general, a court-martial sentence	3353
of an enlisted member in a pay grade above E-1 that includes a	3354
dishonorable or bad-conduct discharge, confinement, or hard labor	3355
without confinement reduces the member to pay grade E-1, effective	3356
on the date the convening authority approves the sentence.	3357

(B) If the sentence of a member who is reduced in pay grade	3358
under division (A) of this section is set aside or disapproved, or	3359
as finally approved does not include a dishonorable or bad-conduct	3360
discharge, confinement, or hard labor without confinement, the	3361
rights and privileges of which the member was deprived because of	3362
the reduction in pay are restored, and the member shall be paid	3363
the pay and allowances that the member would have been paid for	3364
the period the reduction was in effect had the member not been	3365
reduced in pay.	3366

Sec. 5924.582.  (A) A member who receives a court-martial	3367
sentence that includes confinement for more than six months or	3368
confinement for six months or less and a dishonorable or	3369
bad-conduct discharge or dismissal forfeits pay, or pay and	3370
allowances, during any period of confinement or parole. The	3371
forfeiture takes effect on the date determined under section	3372
5924.57 of the Revised Code and may be deferred as provided by	3373
that section. The pay and allowances forfeited as a result of a	3374
sentence imposed by a general court-martial shall be all pay and	3375
allowances due during any period of confinement or parole. The pay	3376
and allowances forfeited as a result of a sentence imposed by a	3377
special court-martial shall be two-thirds of all pay and	3378
allowances due during any period of confinement or parole.	3379

(B) If a member subject to forfeiture of pay or pay and	3380
allowances under division (A) of this section has dependents, the	3381
convening authority or other person acting under section 5924.60	3382
of the Revised Code may waive all or part of the forfeiture of pay	3383
and allowances for a period not exceeding six months. Any pay or	3384
allowances paid as a result of a waiver shall be paid, as the	3385
convening authority or other person taking action directs, to the	3386
dependents of the accused member.	3387

(C) If the sentence of a member who forfeits pay and	3388
allowances under division (A) of this section is set aside or	3389
disapproved or, as finally approved, does not provide for a	3390
punishment that includes confinement for more than six months or	3391
confinement for six months or less and a dishonorable or	3392
bad-conduct discharge or dismissal, the member shall be paid the	3393
pay and allowances that the member would have been paid for the	3394
period the forfeiture was in effect had the member's pay and	3395
allowances not been forfeited.	3396

Sec. 5924.59.  (A) A finding or sentence of a court-martial	3397
may not be held incorrect on the ground of an error of law unless	3398
the error materially prejudices the substantial rights of the	3399
accused.	3400

(B) Any reviewing authority with the power to approve or	3401
affirm a finding of guilty may instead approve or affirm so much	3402
of the finding as includes a lesser included offense.	3403

Sec. 5924.60. After a trial by(A) A court-martial, the	3404
record shall be forwardedreport its findings and sentence to the	3405
convening authority, as reviewing authority, and action thereon	3406
may be taken byafter announcing the person who convened the	3407
court, a commissioned officer commanding for the time being, a	3408
successor in command, or by the governorsentence.	3409

(B)(1) The accused may submit to the convening authority	3410
matters relating to the findings and sentence to the convening	3411
authority for its consideration. A submission shall be in writing.	3412
A submission shall be made within ten days after the accused has	3413
been given an authenticated record of trial and, if applicable,	3414
the recommendation of the staff judge advocate or legal officer	3415
under division (D) of this section or, in a summary court-martial	3416
case, within seven days after the sentence is announced.	3417

(2) The convening authority or other person taking action	3418
under this section, for good cause shown by the accused, may	3419
extend the period for submission of matters under division (B)(1)	3420
of this section for not more than twenty days.	3421

(3) In a summary court-martial case, the summary court	3422
officer shall promptly provide the accused with a copy of the	3423
record of trial for use in preparing a submission authorized by	3424
division (B)(1) of this section.	3425

(4) The accused may waive the right to make a submission	3426
under division (B)(1) of this section. A waiver shall be made in	3427
writing and may not be revoked. The time within which the accused	3428
may make a submission under this subsection expires upon the	3429
submission of a waiver to the convening authority.	3430

(C)(1) The authority under this section to act on the	3431
findings and sentence of a court-martial is a matter of command	3432
prerogative involving the sole discretion of the convening	3433
authority. Pursuant to regulations prescribed by the adjutant	3434
general, a commissioned officer commanding for the time being, a	3435
successor in command, or any person exercising general	3436
court-martial jurisdiction may act under this section in place of	3437
the convening authority.	3438

(2) The convening authority or another person authorized to	3439
act under this section may act on the sentence of a court-martial	3440
pursuant to division (B)(3) of this section. Subject to	3441
regulations prescribed by the adjutant general, the convening	3442
authority or other authorized person may act only after the	3443
accused submits matters under division (B) of this section or the	3444
time for submitting matters expires, whichever is earlier. If the	3445
accused makes a submission, the convening authority or other	3446
authorized person shall take the submission into consideration	3447
before acting.	3448

(3) The convening authority or other authorized person, in	3449
the convening authority's or other authorized person's sole	3450
discretion, may approve, disapprove, commute, or suspend the	3451
sentence of a court-martial in whole or in part. The convening	3452
authority or other authorized person acting on a sentence may but	3453
is not required to take action on the findings of the	3454
court-martial. A convening authority or other authorized person	3455
that chooses to act on the findings may dismiss any charge or	3456
specification by setting aside a finding of guilt with regard to	3457
that charge or specification or may change a finding of guilty	3458
with regard to a charge or specification to a finding of guilty to	3459
an offense that is a lesser included offense of the offense stated	3460
in the charge or specification.	3461

(D) Before acting under this section on any general	3462
court-martial case or on any special court-martial case that	3463
includes a bad-conduct discharge, the convening authority or other	3464
authorized person shall obtain and consider the written	3465
recommendation of the convening authority's or other authorized	3466
person's staff judge advocate or legal officer. The convening	3467
authority or other authorized person shall refer the record of	3468
trial to the staff judge advocate or legal officer. The staff	3469
judge advocate or legal officer shall use the record in the	3470
preparation of a recommendation. The recommendation shall include	3471
any matters that the adjutant general may require by regulation	3472
and shall be served on the accused. The accused may submit any	3473
matter in response under division (B) of this section. If in the	3474
accused's response, the accused does not object to one or more	3475
matters contained in the recommendation, the accused waives the	3476
right to object to those matters.	3477

(E)(1) The convening authority or other authorized person, in	3478
the convening authority's or other authorized person's sole	3479
discretion, may order a proceeding in revision or a rehearing.	3480

(2) The convening authority or other authorized person may	3481
order a proceeding in revision if there is an apparent error or	3482
omission in the record of a court-martial or if the record shows	3483
improper or inconsistent action by a court-martial with respect to	3484
the findings or sentence that can be rectified without material	3485
prejudice to the substantial rights of the accused. In a	3486
proceeding in revision, the convening authority or other	3487
authorized person may not do any of the following:	3488

(a) Reconsider a finding of not guilty of any specification	3489
or a ruling that amounts to a finding of not guilty;	3490

(b) Reconsider a finding of not guilty of any charge, unless	3491
there has been a finding of guilty under a specification laid	3492
under that charge that sufficiently alleges a violation of any	3493
provision of this chapter;	3494

(c) Increase the severity of the sentence.

3495

(3) The convening authority or other authorized person may	3496
order a rehearing if the convening authority or other authorized	3497
person disapproves the findings or sentence and states the reasons	3498
for disapproval of the findings or sentence. If the convening	3499
authority or other authorized person disapproves the findings or	3500
sentence and does not order a rehearing, the convening authority	3501
or other authorized person shall dismiss the charges. A convening	3502
authority or other authorized person may not order a rehearing as	3503
to the findings if the record does not contain sufficient evidence	3504
to support the findings. A convening authority or other authorized	3505
person may order a rehearing as to the sentence if the convening	3506
authority or other authorized person disapproves the sentence.	3507

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3508
or the sentence of a court-martial to the court of military	3509
appeals. The court shall hear an appeal if the convening authority	3510
or other authorized person approved a sentence of dismissal of a	3511
commissioned officer, dishonorable or bad conduct discharge, or	3512
confinement for one year or more and if the appeal was timely	3513
filed. The court may hear any other appeals that the court, in its	3514
sole discretion, allows.	3515

(B) An accused who is found guilty may appeal under this	3516
section by filing a notice of appeal with the convening authority	3517
that ordered the court-martial within thirty calendar days after	3518
the convening authority serves a copy of the approved findings and	3519
sentence on the trial attorney of record for the accused or, if	3520
the accused waived the right to counsel, on the accused in	3521
accordance with regulations prescribed by the adjutant general.	3522
The notice of appeal shall state the name of the party taking the	3523
appeal, the findings, sentence, or parts of the findings or	3524
sentence appealed from, and the grounds for the appeal. Failure to	3525
file a notice of appeal in a timely manner constitutes a waiver of	3526
the right to appeal.	3527

(C) Upon receiving a notice of appeal, the convening	3528
authority shall serve a copy of the notice on the trial counsel	3529
and on the trial attorney of record for any codefendant or, if a	3530
codefendant waived the right to counsel, on the codefendant in	3531
accordance with regulations prescribed by the adjutant general.	3532
The convening authority shall note on each copy served the date on	3533
which the notice of appeal was filed. Failure of the convening	3534
authority to serve a copy of the notice of appeal does not affect	3535
the validity of the appeal. Service in accordance with division	3536
(C) of this section is sufficient notwithstanding the death of a	3537
party or a party's counsel. The convening authority shall note on	3538
its docket the names of the parties served, the dates on which	3539
they were served, and the method of service.	3540

(D) An accused may waive appellate review by filing with the	3541
convening authority, within ten days after the action under	3542
section 5924.60 of the Revised Code is served on the accused or on	3543
defense counsel, a written waiver signed by the accused and by	3544
defense counsel. The convening authority or other person taking	3545
such action, for good cause, may extend the period for filing by	3546
not more than thirty days.	3547

(E) An accused may voluntarily withdraw an appeal at any time	3548
by filing a notice of withdrawal with the convening authority.	3549

(F) A waiver of the right to appellate review or the	3550
withdrawal of an appeal bars any further review under this section	3551
or section 5924.69 of the Revised Code.	3552

Sec. 5924.62. (A) In a trial by court-martial in which a	3553
military judge presides and in which a punitive discharge may be	3554
adjudged, the state may appeal any of the following, except an	3555
order or ruling that is, or that amounts to, a finding of not	3556
guilty with respect to the charge or specification:	3557

(1) An order or ruling that terminates the proceedings with	3558
respect to a charge or specification;	3559

(2) An order or ruling that excludes evidence that is of	3560
substantial consequence to the determination of the material	3561
issues in the proceeding;	3562

(3) An order or ruling that directs the disclosure of	3563
classified information;	3564

(4) An order or ruling that imposes sanctions for	3565
nondisclosure of classified information;	3566

(5) A refusal by the military judge to issue a protective	3567
order sought by the state to prevent the disclosure of classified	3568
information;	3569

(6) A refusal by the military judge to enforce a protective	3570
order that has previously been issued by appropriate authority to	3571
prevent the disclosure of classified information.	3572

(B) The state may not appeal an order or ruling unless within	3573
seventy-two hours after the military judge serves the order or	3574
ruling the trial counsel files with the military judge a written	3575
notice of appeal from the order or ruling. The notice shall	3576
include a certification by the trial counsel that the appeal is	3577
not taken for the purpose of delay and, if the order or ruling	3578
appealed is one that excludes evidence, that the evidence excluded	3579
is substantial proof of a fact material in the proceeding.	3580

(C) Appellate government counsel shall diligently prosecute	3581
an appeal under this section to the court of military appeals	3582
created by section 5924.66 of the Revised Code.	3583

(D) Any period of delay resulting from an appeal under this	3584
section shall be excluded in deciding any issue regarding denial	3585
of a speedy trial unless an appropriate authority determines that	3586
the appeal was filed solely for the purpose of delay with the	3587
knowledge that it was totally frivolous and without merit.	3588

Sec. 5924.63. (A) If the convening authority disapproves the	3589
findings and sentence of a court-martial he may, except where	3590
there is lack of sufficient evidence in the record to support the	3591
findings, order a rehearing. In such a case he shall state the	3592
reasons for disapproval. If he disapproves the findings and	3593
sentence and does not order a rehearing, he shall dismiss the	3594
charges.	3595

(B) Each rehearing ordered pursuant to section 5924.60 of the	3596
Revised Code or by the court of military appeals shall take place	3597
before a court-martial composed of members who were not members of	3598
the court-martial whichthat first heard the case. Upon a	3599
rehearing the accused may not be tried for any offense of which he	3600
the accused was found not guilty by the first court-martial, and	3601
no sentence in excess of or more severe than the original sentence	3602
may be imposed,approved unless the sentence is based upon a	3603
finding of guilty of an offense not considered upon the merits in	3604
the original proceedings, or unless the sentence prescribed for	3605
the offense is mandatory. If the sentence approved after the first	3606
court-martial was in accordance with a pretrial agreement and the	3607
accused at the rehearing changes the accused's plea with respect	3608
to the charges or specifications upon which the pretrial agreement	3609
was based or otherwise does not comply with the pretrial	3610
agreement, the approved sentence as to those charges or	3611
specifications may include any punishment not in excess of the	3612
punishment lawfully adjudged at the first court-martial.	3613

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3614
regulations prescribed by the adjutant general each case in which	3615
there has been a finding of guilty and in which no appeal is	3616
taken. A judge advocate may not review a case under this section	3617
if the judge advocate has acted in the same case as an accuser,	3618
investigating officer, member of the court, military judge, or	3619
counsel or has otherwise acted on behalf of the prosecution or	3620
defense. For each case reviewed under this section, the judge	3621
advocate shall issue written findings and recommendations that	3622
contain all of the following:	3623

(1) Conclusions as to whether the court had jurisdiction over	3624
the accused and the offense;	3625

(2) Conclusions as to whether the charge and specification	3626
stated an offense;	3627

(3) Conclusions as to whether the sentence was within the	3628
limits prescribed by law;	3629

(4) A response to each allegation of error made in writing by	3630
the accused;	3631

(5) If the case is sent for action under division (B) of this	3632
section, a recommendation as to the appropriate action to be taken	3633
and an opinion as to whether corrective action is required as a	3634
matter of law.	3635

(B) The record of trial and related documents in each case	3636
reviewed under division (A) of this section shall be sent for	3637
further action under division (C) of this section to the person	3638
exercising general court-martial jurisdiction over the accused at	3639
the time the court was convened or that person's successor in	3640
command if any of the following applies:	3641

(1) The judge advocate who reviewed the case recommends	3642
corrective action.	3643

(2) The sentence approved under division (C) of section	3644
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3645
dishonorable discharge, or confinement for more than six months.	3646

(3) Regulations prescribed by the adjutant general require	3647
further review.	3648

(C) The person to whom the record of trial and related	3649
documents are sent under division (B) of this section may do any	3650
of the following:	3651

(1) Approve or disapprove the findings or sentence in whole	3652
or in part;	3653

(2) Remit, commute, or suspend the sentence in whole or in	3654
part;	3655

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

3656

(4) Dismiss the charges.

3657

(D) If a rehearing is ordered but the convening authority	3658
finds that a rehearing is impracticable, the convening authority	3659
shall dismiss the charges.	3660

(E) If the opinion of the judge advocate who reviews a case	3661
under division (A) of this section finds that corrective action is	3662
required as a matter of law and the person required to take action	3663
under division (B) of this section does not take action that is at	3664
least as favorable to the accused as that recommended by the judge	3665
advocate, the convening authority shall transmit the record of	3666
trial and action on that record to the state judge advocate for	3667
review.	3668

(F) The judge advocate who under this section reviews a case	3669
conducted by a general court-martial shall be the state judge	3670
advocate.	3671

Sec. 5924.65. If an accused files a notice of appeal, the	3672
convening authority shall transmit the record of trial and	3673
post-trial proceedings in the case to the state judge advocate for	3674
appropriate action. If the accused does not file a notice of	3675
appeal or files a notice of appeal and withdraws the appeal, then	3676
following completion of all post-trial review, the record of trial	3677
and related documents shall be transmitted and disposed of as the	3678
adjutant general may prescribe by regulation.	3679

Sec. 5924.66. (A) There is hereby created the court of	3680
military appeals. The court is a court of record and has exclusive	3681
jurisdiction of all appeals from courts-martial convened pursuant	3682
to this code. The court shall sit in Franklin county. All hearings	3683
conducted by the court shall be public.	3684

(B) The judges of the court of military appeals shall be	3685
military appellate judges appointed by the adjutant general. Each	3686
judge shall be a retired judge advocate officer who has previously	3687
served in the rank of colonel or above in either the Ohio army	3688
national guard or the Ohio air national guard. The judges shall	3689
sit in panels of not less than three members.	3690

(C) The adjutant general may make rules governing practice	3691
and procedure in the court of military appeals. The Rules of	3692
Appellate Procedure apply in proceedings in the court to the	3693
extent that they are not inconsistent with this code or with rules	3694
made by the adjutant general under this division.	3695

Sec. 5924.67.  A judge of the court of military appeals shall	3696
receive as compensation for each day of attendance on the business	3697
of the court an amount equal to the annual compensation of a judge	3698
of a court of appeals divided by the number of days in the	3699
calendar year. A judge who resides more than fifty miles from the	3700
location of the court also shall be reimbursed for the judge's	3701
actual and necessary expenses of traveling to and from the court	3702
to attend the business of the court.	3703

Sec. 5924.68.  The court of military appeals may subpoena	3704
witnesses, require the production of evidence, and punish for	3705
contempt in the same manner and to the same extent as a common	3706
pleas court.	3707

Sec. 5924.69.  Appeals from orders and judgments of the court	3708
of military appeals may be taken to the supreme court in the same	3709
manner and to the same extent as criminal appeals from orders and	3710
judgments of a court of appeals.	3711

Sec. 5924.70. (A) The state judge advocate shall detail one	3712
or more judge advocates as appellate government counsel and one or	3713
more judge advocates assigned to the United States army trial	3714
defense service or the United States air force area defense	3715
counsel as appellate defense counsel. Appellate counsel shall be	3716
members in good standing of the bar of this state and certified by	3717
the state judge advocate to be competent to act as appellate	3718
counsel.	3719

(B) Appellate government counsel shall represent the state in	3720
the court of military appeals. In a case arising under this code	3721
that is heard in the supreme court, appellate government counsel	3722
shall represent the state in the supreme court unless the attorney	3723
general elects to represent the state.	3724

(C) Appellate defense counsel shall represent the accused in	3725
the court of military appeals and the supreme court unless the	3726
accused elects to be represented by civilian counsel at the	3727
accused's own expense.	3728

(D) Appellate government and defense counsel shall perform	3729
any additional functions in connection with post-trial proceedings	3730
in court-martial cases that the state judge advocate directs.	3731

Sec. 5924.71. (A) If the sentence of a court-martial of a	3732
commissioned officer or cadet includes dismissal, that part of the	3733
sentence providing for dismissal may not be executed until it is	3734
approved by the adjutant general. The adjutant general may	3735
commute, remit, or suspend the sentence or any part of the	3736
sentence as the adjutant general sees fit. In time of war or	3737
national emergency, the adjutant general may commute a sentence of	3738
dismissal to reduction to any enlisted grade. A person so reduced	3739
may be required to serve for the duration of the war or emergency	3740
and for six months after the end of the war or emergency.	3741

(B)(1) If the sentence of a court-martial includes dismissal	3742
or dishonorable or bad-conduct discharge and the accused appeals	3743
to the court of military appeals, the dismissal or discharge part	3744
of the sentence may not be executed until the appellate process	3745
has been completed and, in case of dismissal, approval of the	3746
sentence by the adjutant general. The appellate process is	3747
completed when any of the following occurs:	3748

(a) The accused withdraws the appeal.

3749

(b) The court of military appeals renders a decision, and the	3750
time for filing a notice of appeal to the supreme court elapses	3751
without the accused having filed a notice of appeal.	3752

(c) The supreme court issues an order dismissing the appeal	3753
or entering judgment on the leave to appeal.	3754

(2) If the sentence of a court-martial includes dismissal or	3755
dishonorable or bad-conduct discharge and the accused fails to	3756
appeal to the court of military appeals, waives appellate review,	3757
or withdraws an appeal, the dismissal or discharge part of the	3758
sentence may not be executed until a judge advocate has reviewed	3759
the case and the convening authority has completed action in the	3760
review pursuant to section 5924.64 of the Revised Code. Any other	3761
part of a court-martial sentence may be ordered executed by the	3762
convening authority or other person acting on the case under	3763
section 5924.60 of the Revised Code.	3764

(C) The convening authority or other person taking action on	3765
a court-martial case under section 5924.60 of the Revised Code may	3766
suspend at any time the execution of any sentence or part of a	3767
sentence.	3768

Sec. 5924.72.  (A) An officer having special court-martial	3769
jurisdiction over a person whose sentence has been suspended may	3770
recommend vacation of the suspension of an approved sentence or	3771
part of a sentence that was imposed by a special court-martial and	3772
includes a bad-conduct discharge or that was imposed by a general	3773
court-martial.	3774

(B) Before the vacation ofvacating the suspension of a	3775
special court-martial sentence which as approved includes a bad	3776
conduct discharge, or of any general court-martialor part of a	3777
sentence under division (A) of this section, thean officer having	3778
special court-martial jurisdiction over the probationera person	3779
whose sentence has been suspended shall hold a hearing on the	3780
alleged violation of probationthe terms of suspension. The	3781
probationer shallperson has the right to be represented at the	3782
hearing by counsel if he so desires.	3783

(B)(C) The record of the hearing and the recommendation of	3784
the officer having special court-martial jurisdiction shall be	3785
sent for action to the governor in cases involving aofficer	3786
exercising general court-martial sentence and to the commanding	3787
officer of the force of the organized militia of which	3788
jurisdiction over the probationer is a member in all other cases	3789
covered by division (A) of this sectionperson whose sentence has	3790
been suspended. If the governor or commandingthat officer vacates	3791
the suspension, any unexecuted part of the sentence except a	3792
dismissal shall be executed, subject to applicable restrictions	3793
set forth in section 5924.71 of the Revised Code. A vacation of	3794
the suspension of a dismissal is not effective until it is	3795
approved by the adjutant general.	3796

(C)(D) The suspension of any other sentence may be vacated by	3797
any authority competent to convene, for the command in which the	3798
accused is serving or assigned, a court of the kind that imposed	3799
the sentence.	3800

Sec. 5924.73.  At any time within two years after approval by	3801
the convening authority of a court-martial sentence, the accused	3802
may petition the governoradjutant general for a new trial on the	3803
ground of newly discovered evidence or fraud on the court-martial.	3804
The adjutant general shall act upon the petition unless the case	3805
is pending before the court of military appeals or the supreme	3806
court, in which case the adjutant general shall refer the petition	3807
to the court in which the appeal is pending.	3808

Sec. 5924.74.  (A) AThe adjutant general, the state judge	3809
advocate when authorized by the adjutant general, or a convening	3810
authority may remit or suspend any part or amount of the	3811
unexecuted part of any sentence, including all uncollected	3812
forfeitures, other than a sentence approved by the governor or a	3813
superior convening authority.	3814

(B) The governoradjutant general may, for good cause,	3815
substitute an administrative form of discharge for a discharge or	3816
dismissal executed in accordance with the sentence of a	3817
court-martial.	3818

Sec. 5924.75.  (A) Under suchany regulations asthat the	3819
governoradjutant general may prescribe, all rights, privileges,	3820
and property affected by an executed part of a court-martial	3821
sentence whichthat has been set aside or disapproved, except an	3822
executed dismissal or discharge, shall be restored unless a new	3823
trial or rehearing is ordered and suchthe executed part of the	3824
sentence is included in a sentence imposed upon the new trial or	3825
rehearing.	3826

(B) If a previously executed sentence of dishonorable or bad	3827
conduct discharge is not imposed on a new trial, the governor	3828
adjutant general shall substitute therefor a form of discharge	3829
authorized for administrative issuance unless the accused is to	3830
serve out the remainder of histhe accused's enlistment.	3831

(C) If a previously executed sentence of dismissal is not	3832
imposed on a new trial, the governoradjutant general shall	3833
substitute therefor a form of discharge authorized for	3834
administrative issue, and the commissioned officer dismissed by	3835
that sentence may be reappointed by the governoradjutant general	3836
alone to such commissioned grade and with such rank as in the	3837
opinion of the governoradjutant general that former officer would	3838
have attained had hethe former officer not been dismissed. The	3839
reappointment of such a former officer mayshall be made if	3840
without regard to the existence of a position vacancy is available	3841
under applicable tablesand shall affect the promotion status of	3842
organizationother officers only to the extent directed by the	3843
adjutant general. All time between the dismissal and the	3844
reappointment shall be considered as service for all purposes	3845
including the right to pay and allowances.	3846

(D) Pursuant to regulations prescribed by the adjutant	3847
general, an accused who has been sentenced by a court-martial may	3848
be required to take leave pending completion of action under this	3849
code if the sentence, as approved under section 5924.60 of the	3850
Revised Code, includes an unsuspended dismissal or an unsuspended	3851
dishonorable or bad-conduct discharge. The accused may be required	3852
to begin leave on the date on which the sentence is approved or at	3853
any time after that date. Leave may be continued until the date on	3854
which action is completed or may be terminated at any earlier	3855
time.	3856

Sec. 5924.76.  The appellate review of records of trial	3857
pursuant to this code, the proceedings, findings, and sentences of	3858
courts-martial as reviewed and approved, as required byreviewed,	3859
or affirmed pursuant to this code, and all dismissals and	3860
discharges carried into execution under sentences by	3861
courts-martial following review and approval, as required by	3862
review, or affirmation pursuant to this code, are final and	3863
conclusive. Orders publishing the proceedings of courts-martial	3864
and all action taken pursuant to those proceedings are binding	3865
upon all departments, courts, agencies, and officers of the state,	3866
subject only to action upon a petition for a new trial as provided	3867
in section 5924.73 of the Revised Code and to action by the	3868
adjutant general under section 5924.74 of this codethe Revised	3869
Code.	3870

Sec. 5924.761.  Pursuant to regulations prescribed by the	3871
adjutant general, an accused who has been sentenced by a	3872
court-martial may be required to take leave pending completion of	3873
action under sections 5924.59 to 5924.761 of the Revised Code if	3874
the sentence, as approved under section 5924.60 of the Revised	3875
Code, includes an unsuspended dismissal or an unsuspended	3876
dishonorable or bad-conduct discharge. The accused may be required	3877
to begin the leave on the date on which the sentence is approved	3878
under section 5924.60 of the Revised Code or at any time after	3879
that date, and the leave may be continued until the date on which	3880
action under sections 5924.59 to 5924.761 of the Revised Code is	3881
terminated or completed.	3882

Sec. 5924.77.  Any person subject to this code is a principal	3883
whoif the person does either of the following:	3884

(A) Commits an offense punishable by this code, or aids,	3885
abets, counsels, commands, or procures its commission;	3886

(B) Causes an act to be done which if directly performed by	3887
himthe person would be punishable by this code.	3888

Sec. 5924.78.  Any person subject to this code who, knowing	3889
that an offense punishable by this code has been committed,	3890
receives, comforts, or assists the offender in order to hinder or	3891
prevent histhe offender's apprehension, trial, or punishment	3892
shall be punished as a court-martial may direct.	3893

Sec. 5924.82.  (A) Any person subject to this code who	3894
solicits or advises another or others to desert in violation of	3895
section 5924.85 of the Revised Code and of this code or mutiny in	3896
violation of section 5924.94 of the Revised Code and of this code	3897
shall, if the offense solicited or advised is attempted or	3898
committed, be punished with the punishment provided for the	3899
commission of the offense, but, if the offense solicited or	3900
advised is not committed or attempted, hethe person shall be	3901
punished as a court-martial may direct.	3902

(B) Any person subject to this code who solicits or advises	3903
another or others to commit an act of misbehavior before the enemy	3904
in violation of section 5924.99 of the Revised Code and of this	3905
code or sedition in violation of section 5924.94 of the Revised	3906
Code and of this code shall, if the offense solicited or advised	3907
is committed, be punished with the punishment provided for the	3908
commission of the offense, but, if the offense solicited or	3909
advised is not committed, hethe person shall be punished as a	3910
court-martial may direct.	3911

Sec. 5924.83.  Any person who does either of the following	3912
shall be punished as a court-martial may direct:	3913

(A) Procures histhe person's own enlistment or appointment	3914
in the organized militia by knowingly false representation or	3915
deliberate concealment as to histhe person's qualifications for	3916
that enlistment or appointment and receives pay or allowances	3917
thereunder; or	3918

(B) Procures histhe person's own separation from the	3919
organized militia by knowingly false representation or deliberate	3920
concealment as to histhe person's eligibility for that	3921
separation;	3922

shall be punished as a court-martial may direct.	3923

Sec. 5924.84.  Any person subject to this code who effects an	3924
enlistment or appointment in or a separation from the organized	3925
militia of any person who is known to himthe person to be	3926
ineligible for that enlistment, appointment, or separation because	3927
it is prohibited by law, regulation, or order shall be punished as	3928
a court-martial may direct.	3929

Sec. 5924.85.  (A) Any member of the organized militia who	3930
does any of the following is guilty of desertion:	3931

(1) Without authority goes or remains absent from histhe	3932
member's unit, organization, or place of duty with intent to	3933
remain away therefromfrom the unit, organization, or place of	3934
duty permanently;	3935

(2) Quits histhe member's unit, organization, or place of	3936
duty with intent to avoid hazardous duty or to shirk important	3937
service; or	3938

(3) Without being regularly separated from one of the forces	3939
of the organized militia enlists or accepts an appointment in the	3940
same or another one of the forces of the organized militia without	3941
fully disclosing the fact that hethe member has not been	3942
regularly separated;	3943

is guilty of desertion	3944

(4) Without being regularly separated from one of the forces	3945
of the organized militia enters any foreign armed services without	3946
the authorization of the United States.	3947

(B) Any commissioned officer of the organized militia who,	3948
after tender of histhe commissioned officer's resignation and	3949
before notice of its acceptance, quits histhe commissioned	3950
officer's post or proper duties without leave and with intent to	3951
remain away therefrom permanently is guilty of desertion.	3952

(C) Any person found guilty of desertion or attempt to desert	3953
shall be punished, if the offense is committed in time of war, by	3954
death or such other punishment as a court-martial may direct, but	3955
if the desertion or attempt to desert occurs at any other time, by	3956
such punishment, other than death, as a court-martial may direct.	3957

Sec. 5924.86.  Any person subject to this code who, without	3958
authority, does any of the following shall be punished as a	3959
court-martial may direct:	3960

(A) Fails to go to histhe person's appointed place of duty	3961
at the time prescribed;	3962

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

3963

(C) Absents himselfself or remains absent from histhe	3964
person's unit, organization, or place of duty at which hethe	3965
person is required to be at the time prescribed; shall be punished	3966
as a court-martial may direct.	3967

Sec. 5924.87.  Any person subject to this code who through	3968
neglect or design misses the movement of a ship, aircraft, or unit	3969
with which hethe person is required in the course of duty to move	3970
shall be punished as a court-martial may direct.	3971

Sec. 5924.88.  Any person subject to this codecommissioned	3972
officer who uses contemptuous words against the president, the	3973
governor, or the legislature, or the governor or legislature of	3974
anythis state, territory, commonwealth, or possession wherein	3975
that person may be serving, shall be punished as a court-martial	3976
may direct.	3977

Sec. 5924.89.  Any person subject to this code who behaves	3978
with disrespect toward histhe person's superior commissioned	3979
officer shall be punished as a court-martial may direct.	3980

Sec. 5924.90.  Any person subject to this code who does	3981
either of the following shall be punished as a court-martial may	3982
direct:	3983

(A) Strikes histhe person's superior commissioned officer or	3984
draws or lifts up any weapon or offers any violence against him	3985
the person's superior commissioned officer while hethat officer	3986
is in the execution of his officeofficial duties; or	3987

(B) Willfully disobeys a lawful command of histhe person's	3988
superior commissioned officer;	3989

shall be punished as a court-martial may direct.	3990

Sec. 5924.91.  Any warrant officer or enlisted member who	3991
does any of the following shall be punished as a court-martial may	3992
direct:	3993

(A) Strikes or assaults a warrant officer,or noncommissioned	3994
officer, or petty officer, while that officer is in the execution	3995
of his officeofficial duties;	3996

(B) Willfully disobeys the lawful order of a warrant officer,	3997
or noncommissioned officer, or petty officer; or	3998

(C) Treats with contempt or is disrespectful in language or	3999
deportment toward a warrant officer,or noncommissioned officer,	4000
or petty officer, while that officer is in the execution of his	4001
office;	4002

shall be punished as a court-martial may direct official duties.	4003

Sec. 5924.92.  Any person subject to this code who does any	4004
of the following shall be punished as a court-martial may direct:	4005

(A) Violates or fails to obey any lawful general order or	4006
regulation;	4007

(B) Having knowledge of any other lawful order issued by a	4008
member of the organized militia, which itthat is histhe person's	4009
duty to obey, fails to obey the order; or	4010

(C) Is derelict in the performance of histhe person's	4011
duties;	4012

shall be punished as a court-martial may direct.	4013

Sec. 5924.93.  Any person subject to this code who is guilty	4014
of cruelty toward, or oppression or maltreatment of, any other	4015
person subject to histhe person's orders shall be punished as a	4016
court-martial may direct.	4017

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

4018

(1) With, with intent to usurp or override lawful military	4019
authority, refuses, in concert with any other person, to obey	4020
orders or otherwise do histhe person's duty or creates any	4021
violence or disturbance is guilty of mutiny;.	4022

(2) WithAny person subject to this code who, with intent to	4023
cause the overthrow or destruction of lawful civil authority,	4024
creates, in concert with any other person, revolt, violence, or	4025
other disturbance against that authority is guilty of sedition;.	4026

(3) FailsAny person subject to this code who fails to do his	4027
the person's utmost to prevent and suppress a mutiny or sedition	4028
being committed in histhe person's presence, or fails to take all	4029
reasonable means to inform histhe person's superior commissioned	4030
officer or commanding officer of a mutiny or sedition which he	4031
that the person knows or has reason to believe is taking place, is	4032
guilty of a failure to suppress or report a mutiny or sedition.	4033

(B) A person who is found guilty of attempted mutiny, mutiny,	4034
sedition, or failure to suppress or report a mutiny or sedition	4035
shall be punished by death or such other punishment as a	4036
court-martial may direct.	4037

Sec. 5924.95.  Any person subject to this code who resists	4038
apprehension or, flees from apprehension, breaks arrest, or who	4039
escapes from physical restraint lawfully imposedcustody or	4040
confinement shall be punished as a court-martial may direct.	4041

Sec. 5924.96.  Any person subject to this code who, without	4042
proper authority, releases any prisoner committed to histhe	4043
person's charge, or who through neglect or design suffers any such	4044
prisoner committed to the person's charge to escape, shall be	4045
punished as a court-martial may direct, whether or not the	4046
prisoner was committed in strict compliance with law.	4047

Sec. 5924.97.  Any person subject to this code, who, except	4048
as provided by law or regulation, apprehends, arrests, or confines	4049
any person shall be punished as a court-martial may direct.	4050

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

4051

(A) Isis responsible for unnecessary delay in the	4052
disposition of any case of a person accused of an offense under	4053
this code; or	4054

(B) Knowinglywho knowingly and intentionally fails to	4055
enforce or comply with any provision of this code regulating the	4056
proceedings before, during, or after trial of an accused;	4057

shall be punished as a court-martial may direct.	4058

Sec. 5924.103.  (A) All persons subject to this code shall	4059
secure all public property taken from the enemy for the service of	4060
the United States,and this state and shall give notice and turn	4061
over to the proper authority without delay all captured or	4062
abandoned property in their possession, custody, or control.	4063

(B) Any person subject to this code who does any of the	4064
following shall be punished as a court-martial may direct:	4065

(1) Fails to carry out the duties prescribed in division (A)	4066
of this section;	4067

(2) Buys, sells, trades, or in any way deals in or disposes	4068
of captured or abandoned property, whereby hethe person receives	4069
or expects any profit, benefit, or advantage to himselfself or	4070
another directly or indirectly connected with himselfself; or	4071

(3) Engages in looting or pillaging;

4072

shall be punished as a court-martial may direct.	4073

Sec. 5924.108.  Any person subject to this code who, without	4074
proper authority, does any of the following with regard to any	4075
military property of the United States or of this state shall be	4076
punished as a court-martial may direct:	4077

(A) Sells or otherwise disposes of the property;

4078

(B) Willfully or through neglect damages, destroys, or loses	4079
the property; or	4080

(C) Willfully or through neglect suffers to be lost, damaged,	4081
destroyed, sold, or wrongfully disposed of;	4082

any military property of the United States or of the state, shall	4083
be punished as a court-martial may direct the property.	4084

Sec. 5924.109.  Any person subject to this code who, while in	4085
a duty status, willfully or recklessly wastes, spoils, or	4086
otherwise willfully and wrongfully destroys or damages any	4087
property other than military property of the United States or of	4088
the state shall be punished as a court-martial may direct.	4089

Sec. 5924.111. Any(A) Subject to division (B) of this	4090
section, any person subject to this code who operatesdoes any of	4091
the following shall be punished as a court-martial may direct:	4092

(1) Operates or physically controls any vehicle while drunk,	4093
or, aircraft, or vessel in a reckless or wanton manner, shall be	4094
punished as a court-martial may direct;	4095

(2) Operates or physically controls any vehicle, aircraft, or	4096
vessel while under the influence of alcohol, a drug of abuse, or a	4097
combination of them;	4098

(3) Operates or physically controls any vehicle, aircraft, or	4099
vessel while having in the person's whole blood, blood serum or	4100
plasma, breath, or urine the minimum concentrations of alcohol set	4101
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	4102
the Revised Code;	4103

(4) Operates or physically controls any vehicle, aircraft, or	4104
vessel while having in the person's whole blood, blood serum or	4105
plasma, or urine the concentrations of controlled substances or	4106
metabolites of a controlled substance set forth in division	4107
(A)(1)(j) of section 4511.19 of the Revised Code.	4108

(B) If a military installation is located partially in this	4109
state and partially in one or more other states, the adjutant	4110
general may select the alcohol and controlled substance levels set	4111
forth in the impaired operating laws of one of the other states to	4112
apply on the installation in place of the levels set forth in	4113
division (A) of this section.	4114

Sec. 5924.1121.  (A) As used in this section, "prohibited	4115
substance" means any of the following:	4116

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	4117
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	4118
marihuana or any compound or derivative of any of those	4119
substances;	4120

(2) Any substance not specified in division (A)(1) of this	4121
section that the adjutant general lists on a schedule of	4122
controlled substances or that is listed on a schedule established	4123
under section 202 of the Federal Controlled Substances Act, 21	4124
U.S.C. 812, 84 Stat. 1247, as amended.	4125

(B) A person subject to this code who wrongfully uses,	4126
possesses, manufactures, distributes, imports into the customs	4127
territory of the United States, exports from the United States, or	4128
introduces into an installation, vessel, vehicle, or aircraft used	4129
by or under the control of the armed forces of the United States	4130
or of the organized militia a prohibited substance shall be	4131
punished as a court-martial may direct.	4132

Sec. 5924.113.  Any sentinel or lookout who is found drunk or	4133
sleeping on histhe sentinel's or lookout's post, or leaves it	4134
before hethe sentinel or lookout is regularly relieved, shall be	4135
punished, if the offense is committed in time of war, by death or	4136
such other punishment as a court-martial may direct, but if the	4137
offense is committed at any other time, by such punishment other	4138
than death as a court-martial may direct.	4139

Sec. 5924.115.  Any person subject to this code who for the	4140
purpose of avoiding work, duty, or service in the organized	4141
militia does either of the following shall be punished as a	4142
court-martial may direct:	4143

(A) Feigns illness, physical disablement, mental lapse, or	4144
derangement; or	4145

(B) Intentionally inflicts self-injury;

4146

shall be punished as a court-martial may direct.	4147

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

4148

(1) "Affirmative defense" means any special defense that,	4149
although not denying that the accused committed the objective acts	4150
constituting the offense charged, denies, in whole or in part,	4151
criminal responsibility for those acts.	4152

(2) "Bodily harm" means any offensive touching of another,	4153
however slight, that does not result in grievous bodily harm.	4154

(3) "Consent" means words or overt acts indicating a freely	4155
given agreement to the sexual conduct at issue by a competent	4156
person.	4157

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

4158

(a) Any firearm, whether loaded or not and whether operable	4159
or not;	4160

(b) Any other weapon, device, instrument, material, or	4161
substance, whether animate or inanimate, that as used or intended	4162
to be used is known to be capable of producing death or grievous	4163
bodily harm;	4164

(c) Any object fashioned or used in such a manner as to lead	4165
a person on whom the object is used or threatened to be used to	4166
reasonably believe under the circumstances that the object is	4167
capable of producing death or grievous bodily harm.	4168

(5) "Force" means action to compel submission of another or	4169
to overcome or prevent another's resistance by either of the	4170
following:	4171

(a) The use, display, or suggestion of possession of a	4172
dangerous weapon or object;	4173

(b) Physical violence, strength, power, or restraint applied	4174
to another person sufficient to prevent the other person from	4175
avoiding or escaping sexual contact.	4176

(6) "Grievous bodily harm" means serious bodily injury,	4177
including but not limited to fractured or dislocated bones, deep	4178
cuts, torn members of the body, and serious damage to internal	4179
organs.	4180

(7) "Indecent conduct" means that form of immorality relating	4181
to sexual impurity that is grossly vulgar, obscene, and repugnant	4182
to common propriety and tends to excite sexual desire or deprave	4183
morals with respect to sexual relations. Indecent conduct includes	4184
observing or making a videotape, photograph, motion picture,	4185
print, negative, slide, or other mechanically, electronically, or	4186
chemically reproduced visual material, without another person's	4187
consent and contrary to that other person's reasonable expectation	4188
of privacy, of either of the following:	4189

(a) That other person's genitalia, anus, or buttocks, or, if	4190
that other person is female, that person's areola or nipple;	4191

(b) That other person while that other person is engaged in a	4192
sexual act, sexual contact, or sodomy.	4193

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

4194

(a) Physical injury to the person or property of a person	4195
other than the victim of the offense;	4196

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

4197

(i) Accuse any person of a crime;

4198

(ii) Expose a secret or publicize an asserted fact, whether	4199
true or false, tending to subject some person to hatred, contempt,	4200
or ridicule;	4201

(iii) Through the use or abuse of military position, rank, or	4202
authority, to affect or threaten to affect, either positively or	4203
negatively, the military career of some person.	4204

(9) "Mistake of fact as to consent" means a belief that is	4205
incorrect, as a result of ignorance or mistake, that a person	4206
engaging in sexual conduct consented to engage in that conduct, if	4207
both of the following apply:	4208

(a) The ignorance or mistake existed in the mind of the	4209
accused at the time the sexual conduct in issue occurred and was	4210
based on information or lack of information that would have	4211
indicated to a reasonable person that the other person consented;	4212

(b) The ignorance or mistake was not based on the accused's	4213
failure to discover facts that a reasonably careful person would	4214
have discovered under the same or similar circumstances.	4215

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

4216

(a) Contact between the penis and the vulva, including any	4217
penetration, however slight;	4218

(b) Anal intercourse, fellatio, and cunnilingus between	4219
persons, regardless of sex;	4220

(c) The penetration, however slight, of the genital opening	4221
of another by a hand or finger or any object with an intent to	4222
abuse, humiliate, harass, or degrade any person or to arouse or	4223
gratify the sexual desire of any person.	4224

(11) "Sexual contact" means the intentional touching, either	4225
directly or through clothing, of the genitalia, anus, groin,	4226
breast, inner thigh, or buttocks of another person with an intent	4227
to abuse, humiliate, or degrade any person or to arouse or gratify	4228
the sexual desire of any person.	4229

(12) "Sexual conduct" means any act that is prohibited by	4230
this section.	4231

(13)(a) For purposes of divisions (B) and (D) of this	4232
section, "threatening or placing that other person in fear" means	4233
making a communication or performing an action of sufficient	4234
consequence to cause that other person to reasonably fear that	4235
noncompliance will result in that person or another being	4236
subjected to death, grievous bodily harm, or kidnapping.	4237

(b) For purposes of divisions (C) and (E) of this section,	4238
"threatening or placing that other person in fear" means making a	4239
communication or performing an action of sufficient consequence to	4240
cause a victim of the offense to reasonably fear that	4241
noncompliance will result in the victim or another being subjected	4242
to a lesser degree of harm than death, grievous bodily harm, or	4243
kidnapping.	4244

(B) Any person subject to this chapter who causes another	4245
person of any age to engage in a sexual act by doing any of the	4246
following is guilty of rape and shall be punished as a	4247
court-martial may direct:	4248

(1) Using force against that other person;

4249

(2) Causing grievous bodily harm to any person;

4250

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

4251

(4) Rendering another person unconscious;

4252

(5) Administering to another person by force or threat of	4253
force, or without the knowledge or permission of that person, a	4254
drug, intoxicant, or other similar substance that substantially	4255
impairs the ability of that other person to appraise or control	4256
conduct.	4257

(C) Any person subject to this chapter who does either of the	4258
following is guilty of aggravated sexual assault and shall be	4259
punished as a court-martial may direct:	4260

(1) Causes another person of any age to engage in a sexual	4261
act by doing either of the following:	4262

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

4263

(b) Causing bodily harm.

4264

(2) Engages in a sexual act with another person of any age if	4265
that other person is substantially incapable of doing any of the	4266
following:	4267

(a) Appraising the nature of the sexual act;

4268

(b) Declining to participate in the sexual act;

4269

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

4270

(D) Any person subject to this chapter who engages in sexual	4271
contact or causes sexual contact with or by another person by	4272
doing any of the following is guilty of aggravated sexual contact	4273
and shall be punished as a court-martial may direct:	4274

(1) Using force against that other person;

4275

(2) Causing grievous bodily harm to any person;

4276

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

4277

(4) Rendering another person unconscious;

4278

(5) Administering to another person by force or threat of	4279
force, or without the knowledge or permission of that person, a	4280
drug, intoxicant, or other similar substance that substantially	4281
impairs the ability of that other person to appraise or control	4282
conduct.	4283

(E) Any person subject to this chapter who does either of the	4284
following is guilty of abusive sexual contact and shall be	4285
punished as a court-martial may direct:	4286

(1) Engages in or causes sexual contact with or by another	4287
person by doing either of the following:	4288

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

4289

(b) Causing bodily harm.

4290

(2) Engages in sexual contact with another person of any age	4291
if that other person is substantially incapable of doing any of	4292
the following:	4293

(a) Appraising the nature of the sexual contact;

4294

(b) Declining to participate in the sexual contact;

4295

(c) Communicating unwillingness to engage in the sexual	4296
contact.	4297

(F) Any person subject to this chapter who engages in	4298
indecent conduct is guilty of an indecent act and shall be	4299
punished as a court-martial may direct.	4300

(G) Any person subject to this chapter who, without legal	4301
justification or lawful authorization, engages in sexual contact	4302
with another person without that other person's permission is	4303
guilty of wrongful sexual contact and shall be punished as a	4304
court-martial may direct.	4305

(H) Any person subject to this chapter who intentionally	4306
exposes, in an indecent manner, in any place where the conduct	4307
involved may reasonably be expected to be viewed by people other	4308
than members of the person's family or household, the person's	4309
genitalia, anus, buttock, or female areola or nipple is guilty of	4310
indecent exposure and shall be punished as a court-martial may	4311
direct.	4312

(I)In a prosecution under this section, in proving that the	4313
accused made a threat, it need not be proven that the accused	4314
actually intended to carry out the threat.	4315

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	4316
this section, it is an affirmative defense that the accused and	4317
the other person, when they engaged in the sexual conduct were	4318
married to each other.	4319

(2) Division (J)(1) of this section does not apply if the	4320
accused's intent at the time of the sexual conduct is to abuse,	4321
humiliate, or degrade any person.	4322

(K)(1) Lack of permission is an element of the offense under	4323
division (G) of this section. Consent and mistake of fact as to	4324
consent are affirmative defenses only to the sexual conduct in	4325
issue in a prosecution under division (B), (C), (D), or (E) of	4326
this section.	4327

(2) The enumeration in this section of some affirmative	4328
defenses shall not be construed as excluding the existence of	4329
other affirmative defenses.	4330

(3) The accused has the burden of proving an affirmative	4331
defense by a preponderance of evidence. After the defense meets	4332
this burden, the prosecution has the burden of proving beyond a	4333
reasonable doubt that the affirmative defense did not exist.	4334

(L)(1) An expression of lack of consent through words or	4335
conduct means there is no consent. Lack of verbal or physical	4336
resistance or submission resulting from an accused's use of force,	4337
threat of force, or placing another person in fear does not	4338
constitute consent. A current or previous dating relationship by	4339
itself or the manner of dress of a person involved with the	4340
accused in the sexual conduct does not constitute consent.	4341

(2) A person cannot consent to sexual conduct if the person	4342
is substantially incapable of any of the following:	4343

(a) Appraising the nature of the sexual conduct due to mental	4344
impairment or unconsciousness resulting from consumption of	4345
alcohol, drugs, or a similar substance or any other cause or to	4346
mental disease or defect that renders the person unable to	4347
understand the nature of the sexual conduct;	4348

(b) Physically declining to participate in the sexual	4349
conduct;	4350

(c) Physically communicating unwillingness to engage in the	4351
sexual conduct.	4352

(M) An accused's state of intoxication, if any, at the time	4353
of an offense under this section occurs is not relevant to the	4354
existence of a mistake of fact as to consent.	4355

Sec. 5924.128.  (A) Any person subject to this code who	4356
attempts or offers with unlawful force or violence to do bodily	4357
harm to another person, whether or not the attempt or offer is	4358
consummated, is guilty of assault and shall be punished as a	4359
court-martial may direct.	4360

(B) Any person subject to this code who does either of the	4361
following is guilty of aggravated assault and shall be punished as	4362
a court-martial may direct:	4363

(1) Commits an assault with a dangerous weapon or other means	4364
or force likely to produce death or grievous bodily harm; or	4365

(2) Commits an assault and intentionally inflicts grievous	4366
bodily harm with or without a weapon;	4367

is guilty of aggravated assault and shall be punished as a	4368
court-martial may direct.	4369

Sec. 5924.131.  Any person subject to this code who, in a	4370
judicial proceeding or in a course of justice conducted under this	4371
code, willfully and corruptly gives, upondoes either of the	4372
following is guilty of perjury and shall be punished as a	4373
court-martial may direct:	4374

(A) Upon a lawful oath or in any form allowed by law to be	4375
substituted for an oath, gives any false testimony material to the	4376
issue or matter of inquiry is guilty of perjury and shall be	4377
punished as a court-martial may direct;	4378

(B) In any declaration, certification, verification, or	4379
statement made under penalty of perjury subscribes any false	4380
statement material to the issue or matter of inquiry.	4381

Sec. 5924.132.  Any person subject to this code who does any	4382
of the following shall be punished as a court-martial may direct:	4383

(A) Who, knowing itKnowing a claim to be false or fraudulent	4384
does either of the following:	4385

(1) Makes any claim against the United States, the state, or	4386
any officer thereofof the United States or the state; or	4387

(2) Presents to any person in the civil or military service	4388
thereofof the United States or the state, for approval or	4389
payment, any claim against the United States, the state, or any	4390
officer thereofof the United States or the state;	4391

(B) Who, forFor the purpose of obtaining the approval,	4392
allowance, or payment of any claim against the United States, the	4393
state, or any officer thereofof the United States or the state	4394
does any of the following:	4395

(1) Makes or uses any writing or other paper knowing it to	4396
contain any false or fraudulent statements;	4397

(2) Makes any oath to any fact or to any writing or other	4398
paper knowing the oath to be false; or	4399

(3) Forges or counterfeits any signature upon any writing or	4400
other paper, or uses any suchforged or counterfeit signature	4401
knowing it to be forged or counterfeited;	4402

(C) Who, havingHaving charge, possession, custody, or	4403
control of any money, or other property of the United States or	4404
the state, furnished or intended for the armed forces of the	4405
United States or the organized militia or any force thereof,	4406
knowingly delivers to any person having authority to receive it,	4407
any amount thereof less than that for which hethe person making	4408
the delivery receives a certificate or receipt; or	4409

(D) Who, beingBeing authorized to make or deliver any paper	4410
certifying the receipt of any property of the United States or the	4411
state, furnished or intended for the armed forces of the United	4412
States or the organized militia or any force thereof, makes or	4413
delivers to any person such writing without having full knowledge	4414
of the truth of the statements therein contained and with intent	4415
to defraud the United States or the state;	4416

shall, upon conviction, be punished as a court-martial may direct.	4417

Sec. 5924.133.  Any commissioned officer who is convicted of	4418
conduct unbecoming an officer and a lady or gentleman shall be	4419
punished as a court-martial may direct.	4420

Sec. 5924.146.  No person may be tried or punished for any	4421
offense provided for in sections 5924.77 to 5924.134, inclusive,	4422
of the Revised Code and of this code, unless it was committed	4423
while hethe person was in a military or national guard technician	4424
duty status.	4425

Section 2. That existing sections 124.23, 124.26, 149.01,	4426
317.24, 3319.085, 3333.31, 3737.881, 3781.10, 5321.04, 5902.02,	4427
5903.10, 5903.11, 5911.07, 5923.12, 5924.01, 5924.02, 5924.03,	4428
5924.06, 5924.07, 5924.08, 5924.09, 5924.10, 5924.11, 5924.13,	4429
5924.14, 5924.15, 5924.16, 5924.17, 5924.18, 5924.19, 5924.20,	4430
5924.22, 5924.23, 5924.24, 5924.25, 5924.26, 5924.27, 5924.28,	4431
5924.29, 5924.30, 5924.31, 5924.32, 5924.33, 5924.34, 5924.35,	4432
5924.36, 5924.37, 5924.38, 5924.39, 5924.41, 5924.42, 5924.43,	4433
5924.44, 5924.45, 5924.46, 5924.47, 5924.48, 5924.49, 5924.50,	4434
5924.51, 5924.52, 5924.54, 5924.56, 5924.57, 5924.58, 5924.59,	4435
5924.60, 5924.63, 5924.72, 5924.73, 5924.74, 5924.75, 5924.76,	4436
5924.77, 5924.78, 5924.82, 5924.83, 5924.84, 5924.85, 5924.86,	4437
5924.87, 5924.88, 5924.89, 5924.90, 5924.91, 5924.92, 5924.93,	4438
5924.94, 5924.95, 5924.96, 5924.97, 5924.98, 5924.103, 5924.108,	4439
5924.109, 5924.111, 5924.113, 5924.115, 5924.128, 5924.131,	4440
5924.132, 5924.133, and 5924.146 and sections 5924.04, 5924.12,	4441
5924.21, 5924.61, 5924.62, 5924.64, 5924.65, 5924.66, 5924.70,	4442
5924.71, 5924.99, 5924.100, 5924.101, 5924.102, 5924.104,	4443
5924.105, 5924.106, 5924.110, 5924.114, 5924.118, 5924.119,	4444
5924.120, 5924.122, 5924.1231, 5924.124, 5924.125, 5924.126,	4445
5924.129, 5924.130, 5924.145, and 5924.147 of the Revised Code	4446
are hereby repealed.	4447