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 



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's192
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 service336
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 from340
service under section 5923.12 of the Revised Code shall be 341
re-employed by the board of education of the district in which he342
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 suchthe362
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 armed366
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's880
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 affairs952
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 Investment1088
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 shallmay1215
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 Sailors1249
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 his1334
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 the1344
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 him1471
the person shall not be any more rigorous than the circumstances 1472
require to insure histhe person's presence, but he. The person1473
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 governor1492
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 upon1502
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 consecutive1525
days;1526

       (2)(b) If imposed by the governor, the adjutant general, the 1527
commandingan officer of a force of the organized militia1528
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 consecutive1539
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 greater1552
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 two1580
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 consecutive1586
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 fine1624
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; or1637

       (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; or1663

       (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 disciplinary1676
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
or1707

       (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; or1715

       (B)(2) A military judge and not lessfewer than three 1716
members; or1717

       (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 force1731
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 discharge1777
unless a complete record of the proceedings and testimony has been1778
is made, counsel having the qualifications prescribed under 1779
division (B) of section 5924.27 of the Revised Code wasis1780
detailed to represent the accused, and a military judge wasis1781
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 not1800
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 a1844
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 word1873
"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's1882
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 designee1908
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; and1950

       (2) Must be certifiedCertified as competent to perform such1951
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 governor1962
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 person2005
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; and2010

       (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 that2014
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 other2032
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 him2049
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 by2053
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 reasonably2061
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 accused2073
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, he2086
the commanding officer shall report in writing to the governor2087
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 he2094
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. In2105
Except in time of peacedeclared war, no person may, against his2106
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, which2116
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 thereof2132
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 such2153
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 suchthe2156
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 military2167
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 rules2210
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 challengd2233
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 duty2262
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-martial2341
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 failure2350
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; and2443

       (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; and2458

       (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
or2504

       (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; and3177

       (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 the3238
record shall contain such matter and be authenticated in suchthe3239
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 prison3334
are subject to the same discipline and treatment as persons 3335
confined or committed to the jail or prisoncorrectional facility3336
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 person3350
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 he3600
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 a3777
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 which3788
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 governor3828
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 general3836
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 if3840
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 by3862
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; or3918

       (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; or3938

       (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 desertion3944

       (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; or3963

       (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 him3985
the person's superior commissioned officer while hethat officer3986
is in the execution of his officeofficial duties; or3987

       (B) Willfully disobeys a lawful command of histhe person's3988
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; or3998

       (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's4009
duty to obey, fails to obey the order; or4010

       (C) Is derelict in the performance of histhe person's4011
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 other4015
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 his4027
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 he4031
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 who4039
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 such4044
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; or4054

       (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; or4071

       (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; or4080

       (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; or4145

       (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; or4365

       (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; or4387

       (2) Presents to any person in the civil or military service4388
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; or4399

       (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; or4409

       (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 technician4424
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