As Re-referred to the Senate Rules Committee

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 

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A BILL

To amend sections 124.23, 124.26, 149.01, 317.24,

1

3319.085, 3333.31, 3737.881, 3781.10, 5321.04,

2

5747.98, 5902.02, 5903.10, 5903.11, 5911.07,

3

5923.12, 5924.01, 5924.02, 5924.03, 5924.06,

4

5924.07, 5924.08, 5924.09, 5924.10, 5924.11,

5

5924.13, 5924.14, 5924.15, 5924.16, 5924.17,

6

5924.18, 5924.19, 5924.20, 5924.22, 5924.23,

7

5924.24, 5924.25, 5924.26, 5924.27, 5924.28,

8

5924.29, 5924.30, 5924.31, 5924.32, 5924.33,

9

5924.34, 5924.35, 5924.36, 5924.37, 5924.38,

10

5924.39, 5924.41, 5924.42, 5924.43, 5924.44,

11

5924.45, 5924.46, 5924.47, 5924.48, 5924.49,

12

5924.50, 5924.51, 5924.52, 5924.54, 5924.56,

13

5924.57, 5924.58, 5924.59, 5924.60, 5924.63,

14

5924.72, 5924.73, 5924.74, 5924.75, 5924.76,

15

5924.77, 5924.78, 5924.82, 5924.83, 5924.84,

16

5924.85, 5924.86, 5924.87, 5924.88, 5924.89,

17

5924.90, 5924.91, 5924.92, 5924.93, 5924.94,

18

5924.95, 5924.96, 5924.97, 5924.98, 5924.103,

19

5924.108, 5924.109, 5924.111, 5924.113, 5924.115,

20

5924.128, 5924.131, 5924.132, 5924.133, and

21

5924.146, to enact new sections 5924.21, 5924.61,

22

5924.62, 5924.64, 5924.65, 5924.66, 5924.70,

23

5924.71, and 5924.120 and sections 4743.04,

24

5747.61, 5924.501, 5924.502, 5924.503, 5924.504,

25

5924.505, 5924.506, 5924.581, 5924.582, 5924.67,

26

5924.68, 5924.69, 5924.761, and 5924.1121, and to

27

repeal sections 5924.04, 5924.12, 5924.21,

28

5924.61, 5924.62, 5924.64, 5924.65, 5924.66,

29

5924.70, 5924.71, 5924.99, 5924.100, 5924.101,

30

5924.102, 5924.104, 5924.105, 5924.106, 5924.110,

31

5924.114, 5924.118, 5924.119, 5924.120, 5924.122,

32

5924.1231, 5924.124, 5924.125, 5924.126, 5924.129,

33

5924.130, 5924.145, and 5924.147 of the Revised

34

Code to change the law regarding a County

35

Recorder's release of a veteran's record of

36

discharge, to modify the duties of the Director of

37

Veterans Services with respect to publishing

38

information about Veterans Services offices, to

39

modify the composition of the Veterans Advisory

40

Committee, to grant in-state tuition for

41

nonresident spouses and dependents of veterans who

42

served on active duty and are deceased, to allow

43

extra credit to military veterans and reserve

44

component members on state civil service

45

examinations, to provide for the reemployment of

46

nonteaching school employees following military

47

service in accordance with federal law, to extend

48

the period of time within which persons serving in

49

the Ohio National Guard may meet continuing

50

education requirements for occupational licenses

51

and renew their licenses, to require that workers'

52

compensation claims of members of the organized

53

militia be determined in accordance with

54

applicable line of duty regulations, to provide a

55

nonrefundable tax credit for employers who hire

56

certain disabled, unemployed veterans, to require

57

landlords to observe the rights of tenants who are

58

service members under federal law, to modify the

59

order of priority in which veterans may

60

participate in job training programs, to permit

61

but not require the use of armories by patriotic

62

and national organizations, to update references

63

in the Revised Code to federal statutes relating

64

to the National Guard, to conform the Ohio Code of

65

Military Justice to the United States Code of

66

Military Justice, and to make other changes to the

67

Ohio Code of Military Justice.

68

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

Section 1. That sections 124.23, 124.26, 149.01, 317.24,	69
3319.085, 3333.31, 3737.881, 3781.10, 5321.04, 5747.98, 5902.02,	70
5903.10, 5903.11, 5911.07, 5923.12, 5924.01, 5924.02, 5924.03,	71
5924.06, 5924.07, 5924.08, 5924.09, 5924.10, 5924.11, 5924.13,	72
5924.14, 5924.15, 5924.16, 5924.17, 5924.18, 5924.19, 5924.20,	73
5924.22, 5924.23, 5924.24, 5924.25, 5924.26, 5924.27, 5924.28,	74
5924.29, 5924.30, 5924.31, 5924.32, 5924.33, 5924.34, 5924.35,	75
5924.36, 5924.37, 5924.38, 5924.39, 5924.41, 5924.42, 5924.43,	76
5924.44, 5924.45, 5924.46, 5924.47, 5924.48, 5924.49, 5924.50,	77
5924.51, 5924.52, 5924.54, 5924.56, 5924.57, 5924.58, 5924.59,	78
5924.60, 5924.63, 5924.72, 5924.73, 5924.74, 5924.75, 5924.76,	79
5924.77, 5924.78, 5924.82, 5924.83, 5924.84, 5924.85, 5924.86,	80
5924.87, 5924.88, 5924.89, 5924.90, 5924.91, 5924.92, 5924.93,	81
5924.94, 5924.95, 5924.96, 5924.97, 5924.98, 5924.103, 5924.108,	82
5924.109, 5924.111, 5924.113, 5924.115, 5924.128, 5924.131,	83
5924.132, 5924.133, and 5924.146 be amended and new sections	84
5924.21, 5924.61, 5924.62, 5924.64, 5924.65, 5924.66, 5924.70,	85
5924.71, and 5924.120 and sections 4743.04, 5747.61, 5924.501,	86
5924.502, 5924.503, 5924.504, 5924.505, 5924.506, 5924.581,	87
5924.582, 5924.67, 5924.68, 5924.69, 5924.761, and 5924.1121 of	88
the Revised Code be enacted to read as follows:	89

Sec. 124.23.  (A) All applicants for positions and places in	90
the classified service shall be subject to examination, except for	91
applicants for positions as professional or certified service and	92
paraprofessional employees of county boards of developmental	93
disabilities, who shall be hired in the manner provided in section	94
124.241 of the Revised Code.	95

(B) Any examination administered under this section shall be	96
public and be open to all citizens of the United States and those	97
persons who have legally declared their intentions of becoming	98
United States citizens. For examinations administered for	99
positions in the service of the state, the director of	100
administrative services or the director's designee may determine	101
certain limitations as to citizenship, age, experience, education,	102
health, habit, and moral character.	103

(C)(1) Any person who has completed service in the uniformed	104
services, who has been honorably discharged from the uniformed	105
services or transferred to the reserve with evidence of	106
satisfactory service, and who is a resident of this state and any	107
member of the national guard or a reserve component of the armed	108
forces of the United States, including the Ohio national guard,	109
who has completed more than one hundred eighty days of active duty	110
service pursuant to an executive order of the president of the	111
United States or an act of the congress of the United States may	112
file with the director a certificate of service or honorable	113
discharge, and, upon this filing, the person shall receive	114
additional credit of twenty per cent of the person's total grade	115
given in the examination in which the person receives a passing	116
grade. A person who receives an additional credit under division	117
(C)(1) of this section shall not receive an additional credit	118
under division (C)(2) of this section.	119

(2) A member in good standing of a reserve component of the	120
armed forces of the United States, including the Ohio national	121
guard, who successfully completes the member's initial entry-level	122
training shall receive a credit of fifteen per cent of the	123
person's total grade given in the examination in which the person	124
receives a passing grade.	125

(3) As used in this division, "service in the uniformed	126
services" and "uniformed services" have the same meanings as in	127
the "Uniformed Services Employment and Reemployment Rights Act of	128
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	129

(D) An examination may include an evaluation of such factors	130
as education, training, capacity, knowledge, manual dexterity, and	131
physical or psychological fitness. An examination shall consist of	132
one or more tests in any combination. Tests may be written, oral,	133
physical, demonstration of skill, or an evaluation of training and	134
experiences and shall be designed to fairly test the relative	135
capacity of the persons examined to discharge the particular	136
duties of the position for which appointment is sought. Tests may	137
include structured interviews, assessment centers, work	138
simulations, examinations of knowledge, skills, and abilities, and	139
any other acceptable testing methods. If minimum or maximum	140
requirements are established for any examination, they shall be	141
specified in the examination announcement.	142

(E) Except as otherwise provided in sections 124.01 to 124.64	143
of the Revised Code, when a position in the classified service of	144
the state is to be filled, an examination shall be administered.	145
The director of administrative services shall have control of all	146
examinations administered for positions in the service of the	147
state and all other examinations the director administers as	148
provided in section 124.07 of the Revised Code, except as	149
otherwise provided in sections 124.01 to 124.64 of the Revised	150
Code. The director shall, by rule adopted under Chapter 119. of	151
the Revised Code, prescribe the notification method that is to be	152
used by an appointing authority to notify the director that a	153
position in the classified service of the state is to be filled.	154
In addition to the positions described in section 124.30 of the	155
Revised Code, the director may, with sufficient justification from	156
the appointing authority, allow the appointing authority to fill	157
the position by noncompetitive examination. The director shall	158
establish, by rule adopted under Chapter 119. of the Revised Code,	159
standards that the director shall use to determine what serves as	160
sufficient justification from an appointing authority to fill a	161
position by noncompetitive examination.	162

(F) No questions in any examination shall relate to political	163
or religious opinions or affiliations. No credit for seniority,	164
efficiency, or any other reason shall be added to an applicant's	165
examination grade unless the applicant achieves at least the	166
minimum passing grade on the examination without counting that	167
extra credit.	168

(G) Except as otherwise provided in sections 124.01 to 124.64	169
of the Revised Code, the director of administrative services or	170
the director's designee shall give reasonable notice of the time,	171
place, and general scope of every competitive examination for	172
appointment that the director or the director's designee	173
administers for positions in the classified service of the state.	174
The director or the director's designee shall post notices via	175
electronic media of every examination to be conducted for	176
positions in the classified civil service of the state. The	177
electronic notice shall be posted on the director's internet site	178
on the world wide web for a minimum of one week preceding any	179
examination involved.	180

Sec. 124.26.  From the returns of the examinations, the	181
director of administrative services or the director's designee	182
shall prepare an eligible list of the persons whose general	183
average standing upon examinations for the class or position is	184
not less than the minimum fixed by the rules of the director, and	185
who are otherwise eligible. Those persons shall take rank upon the	186
eligible list as candidates in the order of their relative	187
excellence as determined by the examination without reference to	188
priority of the time of examination. If two or more applicants	189
receive the same mark in an open competitive examination, priority	190
in the time of filing the application with the director or the	191
director's designee shall determine the order in which their names	192
shall be placed on the eligible list, except that applicants	193
eligible for the veteran's or the reserve component member's	194
preference under section 124.23 of the Revised Code shall receive	195
priority in rank on the eligible list over nonveterans and	196
nonmembers of the reserve component on the list with a rating	197
equal to that of the veteran or reserve component member. Ties	198
among veterans or among reserve component members shall be decided	199
by priority of filing the application. A tie between a veteran	200
and a reserve component member shall be decided in favor of the	201
veteran.	202

. An eligible list expires upon the filling or closing of the	203
position. An expired eligible list may be used to fill a position	204
of the same classification within the same appointing authority	205
for which the list was created. But, in no event shall an expired	206
list be used more than one year past its expiration date.	207

Sec. 149.01.  Each elective state officer, the adjutant	208
general, the adult parole authority, the department of	209
agriculture, the director of administrative services, the public	210
utilities commission, the superintendent of insurance, the	211
superintendent of financial institutions, the superintendent of	212
purchases and printing, the state commissioner of soldiers'	213
claims, the fire marshal, the industrial commission, the	214
administrator of workers' compensation, the state department of	215
transportation, the department of health, the state medical board,	216
the state dental board, the board of embalmers and funeral	217
directors, the Ohio commission for the blind, the accountancy	218
board of Ohio, the state council of uniform state laws, the board	219
of commissioners of the sinking fund, the department of taxation,	220
the board of tax appeals, the division of liquor control, the	221
director of state armories, the trustees of the Ohio state	222
university, and every private or quasi-public institution,	223
association, board, or corporation receiving state money for its	224
use and purpose shall make annually, at the end of each fiscal	225
year, in quadruplicate, a report of the transactions and	226
proceedings of that office or department for that fiscal year,	227
excepting receipts and disbursements unless otherwise specifically	228
required by law. The report shall contain a summary of the	229
official acts of the officer, board, council, commission,	230
institution, association, or corporation and any suggestions and	231
recommendations that are proper. On the first day of August of	232
each year, one of the reports shall be filed with the governor,	233
one with the secretary of state, and one with the state library,	234
and one shall be kept on file in the office of the officer, board,	235
council, commission, institution, association, or corporation.	236

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

237

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

238

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

239

(b) A county veterans service officer, or anwho is certified	240
by the department of veterans services;	241

(c) An attorney-in-fact, agent, or other representative of	242
the person who is the subject of the record of discharge, if	243
authorized to inspect or copy the record of discharge by that	244
person in a power of attorney or other document;	245

(c)(d) A person authorized, for good cause shown, by a court	246
of record to inspect or copy the record of discharge;	247

(d)(e) If the person who is the subject of the record of	248
discharge is deceased, the executor or administrator, or an heir,	249
legatee, or devisee, of the person's estate or a funeral director	250
who is to perform the funeral for the deceased person.	251

(2) "Separation code" or "separation program number" means	252
the coded number or numbers used to specify the reasons for a	253
person's separation from active duty, as contained in one of the	254
following:	255

(a) Regarding a separation code, as contained in line 23 or	256
26 of a veteran's discharge paper, United States department of	257
defense form DD-214;	258

(b) Regarding a separation program number, as contained in	259
line 9(c) or line 11(c) of a veteran's discharge paper, under	260
prior versions of United States department of defense form DD-214.	261

(3) "Service-related document" means any United States	262
department of defense form DD-215 or DD-220, or any National Guard	263
Bureau form NGB-22 or NGB-22A.	264

(B)(1) Upon request of any discharged member of the armed	265
forces of the United States and presentation of the member's	266
discharge, the county recorder shall record the discharge in a	267
book to be furnished by the board of county commissioners for that	268
purpose. There shall be no fee for the recording. The record of	269
discharge, or a certified copy of the record, shall be received in	270
evidence in all cases where the original discharge would be	271
received.	272

(2)(a) A discharge recorded under division (B)(1) or (D) of	273
this section is not a public record under section 149.43 of the	274
Revised Code for a period of seventy-five years after the date of	275
the recording. During that period, the county recorder's office	276
shall make the record of discharge available only to an authorized	277
party or to a person other than an authorized party as provided by	278
division (B)(2)(b) of this section. Except as provided in section	279
317.27 of the Revised Code, the authorized party shall pay the	280
reasonable costs of copying the record of discharge.	281

(b) A person other than an authorized party may request to	282
view or receive a copy of a discharge record recorded under	283
division (B)(1) or (D) of this section. Upon such a person's	284
request, the county recorder's office shall provide a copy of the	285
discharged record to the person that shall be redacted to contain	286
only the name, rank, date of birth, date of discharge, and type of	287
discharge of the person who is the subject of the discharge	288
record. Except as provided in section 317.27 of the Revised Code,	289
a person other than an authorized party shall pay the reasonable	290
costs of copying the record of discharge.	291

(3) A county veterans service officer, who is an authorized	292
party, may request to receive, from a county recorder's office, a	293
record of discharge if the veterans service officer has a need for	294
access to the record of discharge for the purpose of supporting a	295
veteran's claim for benefits, and the county recorder's office	296
shall make the record available to the county veterans service	297
officer.	298

(C) Upon application by a person whose discharge has been	299
recorded pursuant to this section, the county recorder shall,	300
without fee, expunge the person's record of discharge, expunge the	301
person's separation program number or separation code from the	302
person's record of discharge and from any of the person's other	303
service-related documents that have been recorded, or expunge the	304
person's social security number from the person's record of	305
discharge and from any of the person's other service-related	306
documents that have been recorded. The application shall be in the	307
following form:	308

"APPLICATION FOR EXPUNGEMENT	309

OF DISCHARGE RECORD OR OTHER INFORMATION	310

I, ................ (Name of Applicant), the undersigned,	311
hereby request the County Recorder of the County of ............	312
(Name of County), state of Ohio, to expunge my .......... (Insert	313
Record of Discharge, Separation Program Number or Separation Code	314
from my Record of Discharge and other service-related documents,	315
or Social Security Number from my Record of Discharge and other	316
service-related documents).	317

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

318

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

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	319
Applicant) on .........., .....	320

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

Notary	321
Public

My commission expires ..........,	322
....."

(D) Upon the request of any person who served during World	323
War I or World War II as a member of any armed force of the	324
government of Poland or Czechoslovakia and participated while so	325
serving in armed conflict with an enemy of the United States and	326
who has been a citizen of the United States for at least ten	327
years, and the presentation of the person's discharge, the county	328
recorder shall record the person's discharge in a book to be	329
furnished by the board of county commissioners for that purpose.	330
No fee shall be charged for the recording. The record, or a	331
certified copy of it, shall be received in evidence in all cases	332
where the original would be received.	333

Sec. 3319.085.  Any nonteaching school employee who,	334
subsequent to September 1, 1962, has left, or leaves, the employ	335
of a board of education for the purpose of entering on extended	336
active duty in the armed services of the United States or the	337
auxiliaries thereof, and within eight weeks enters such service	338
performs service in the uniformed services or service under	339
section 5923.12 of the Revised Code and who has returned, or	340
returns, from suchthat service with an honorablea discharge	341
under honorable conditions or certificate ofis released from	342
service under section 5923.12 of the Revised Code shall be	343
re-employed by the board of education of the district in which he	344
the nonteaching school employee held suchthe nonteaching school	345
employee position, under the same type of contract as that which	346
he last held in such district, if such nonteaching school employee	347
applies, within ninety days after such discharge, to such board of	348
education for re-employment. Upon such application, such	349
nonteaching school employee shall be re-employed at the first of	350
the next school semester, if such application is made not less	351
than thirty days prior to the first of such next school semester,	352
in which case such nonteaching school employee shall be	353
re-employed the first of the following school semester, unless the	354
board of education waives the requirement for such thirty-day	355
period.	356

For the purposes of seniority and placement on the salary	357
schedule, years of absence on extended active duty in the armed	358
services of the United States or the auxiliaries thereof shall not	359
exceed four, and shall be counted as though school service had	360
been performed during such timeas required by the "Uniformed	361
Services Employment and Reemployment Rights Act of 1994," 108	362
Stat. 3149, 38 U.S.C. 4303.	363

The board of education of thisthe district in which suchthe	364
nonteaching school employee was employed and is re-employed under	365
this section may suspend the contract of the nonteaching school	366
employee whose services become unnecessary by reason of the return	367
of a nonteaching school employee from service in the armed	368
uniformed services or auxiliaries thereof.	369

As used in this section, "service in the uniformed services"	370
and "uniformed services" have the same meanings as in the	371
"Uniformed Services Employment and Reemployment Rights Act of	372
1994," 108 Stat. 3149, 38 U.S.C. 4303.	373

Sec. 3333.31.  (A) For state subsidy and tuition surcharge	374
purposes, status as a resident of Ohio shall be defined by the	375
chancellor of the Ohio board of regents by rule promulgated	376
pursuant to Chapter 119. of the Revised Code. No adjudication as	377
to the status of any person under such rule, however, shall be	378
required to be made pursuant to Chapter 119. of the Revised Code.	379
The term "resident" for these purposes shall not be equated with	380
the definition of that term as it is employed elsewhere under the	381
laws of this state and other states, and shall not carry with it	382
any of the legal connotations appurtenant thereto. Rather, except	383
as provided in divisions (B) and (D) of this section, for such	384
purposes, the rule promulgated under this section shall have the	385
objective of excluding from treatment as residents those who are	386
present in the state primarily for the purpose of attending a	387
state-supported or state-assisted institution of higher education,	388
and may prescribe presumptive rules, rebuttable or conclusive, as	389
to such purpose based upon the source or sources of support of the	390
student, residence prior to first enrollment, evidence of	391
intention to remain in the state after completion of studies, or	392
such other factors as the chancellor deems relevant.	393

(B) The rules of the chancellor for determining student	394
residency shall grant residency status to a veteran and to the	395
veteran's spouse and any dependent of the veteran, if both of the	396
following conditions are met:	397

(1) The veteran either:

398

(a) Served one or more years on active military duty and was	399
honorably discharged or received a medical discharge that was	400
related to the military service;	401

(b) Was killed while serving on active military duty or has	402
been declared to be missing in action or a prisoner of war.	403

(2) If the veteran seeks residency status for tuition	404
surcharge purposes, the veteran has established domicile in this	405
state as of the first day of a term of enrollment in an	406
institution of higher education. If the spouse or a dependent of	407
the veteran seeks residency status for tuition surcharge purposes,	408
the veteran and the spouse or dependent seeking residency status	409
have established domicile in this state as of the first day of a	410
term of enrollment in an institution of higher education, except	411
that if the veteran was killed while serving on active military	412
duty or, has been declared to be missing in action or a prisoner	413
of war, or is deceased after discharge, only the spouse or	414
dependent seeking residency status shall be required to have	415
established domicile in accordance with this division.	416

(C) The rules of the chancellor for determining student	417
residency shall not deny residency status to a student who is	418
either a dependent child of a parent, or the spouse of a person	419
who, as of the first day of a term of enrollment in an institution	420
of higher education, has accepted full-time employment and	421
established domicile in this state for reasons other than gaining	422
the benefit of favorable tuition rates.	423

Documentation of full-time employment and domicile shall	424
include both of the following documents:	425

(1) A sworn statement from the employer or the employer's	426
representative on the letterhead of the employer or the employer's	427
representative certifying that the parent or spouse of the student	428
is employed full-time in Ohio;	429

(2) A copy of the lease under which the parent or spouse is	430
the lessee and occupant of rented residential property in the	431
state, a copy of the closing statement on residential real	432
property of which the parent or spouse is the owner and occupant	433
in this state or, if the parent or spouse is not the lessee or	434
owner of the residence in which the parent or spouse has	435
established domicile, a letter from the owner of the residence	436
certifying that the parent or spouse resides at that residence.	437

Residency officers may also evaluate, in accordance with the	438
chancellor's rule, requests for immediate residency status from	439
dependent students whose parents are not living and whose domicile	440
follows that of a legal guardian who has accepted full-time	441
employment and established domicile in the state for reasons other	442
than gaining the benefit of favorable tuition rates.	443

(D)(1) The rules of the chancellor for determining student	444
residency shall grant residency status to a person who, while a	445
resident of this state for state subsidy and tuition surcharge	446
purposes, graduated from a high school in this state or completed	447
the final year of instruction at home as authorized under section	448
3321.04 of the Revised Code, if the person enrolls in an	449
institution of higher education and establishes domicile in this	450
state, regardless of the student's residence prior to that	451
enrollment.	452

(2) The rules of the chancellor for determining student	453
residency shall not grant residency status to an alien if the	454
alien is not also an immigrant or a nonimmigrant.	455

(E) As used in this section:

456

(1) "Dependent," "domicile," "institution of higher	457
education," and "residency officer" have the meanings ascribed in	458
the chancellor's rules adopted under this section.	459

(2) "Alien" means a person who is not a United States citizen	460
or a United States national.	461

(3) "Immigrant" means an alien who has been granted the right	462
by the United States bureau of citizenship and immigration	463
services to reside permanently in the United States and to work	464
without restrictions in the United States.	465

(4) "Nonimmigrant" means an alien who has been granted the	466
right by the United States bureau of citizenship and immigration	467
services to reside temporarily in the United States.	468

Sec. 3737.881.  (A) The fire marshal shall certify	469
underground storage tank systems installers who meet the standards	470
for certification established in rules adopted under division	471
(D)(1) of this section, pass the certification examination	472
required by this division, and pay the certificate fee established	473
in rules adopted under division (D)(5) of this section. Any	474
individual who wishes to obtain certification as an installer	475
shall apply to the fire marshal on a form prescribed by the fire	476
marshal. The application shall be accompanied by the application	477
and examination fees established in rules adopted under division	478
(D)(5) of this section.	479

The fire marshal shall prescribe an examination designed to	480
test the knowledge of applicants for certification as underground	481
storage tank system installers in the installation, repair,	482
abandonment, and removal of those systems. The examination shall	483
also test the applicants' knowledge and understanding of the	484
requirements and standards established in rules adopted under	485
sections 3737.88 and 3737.882 of the Revised Code pertaining to	486
the installation, repair, abandonment, and removal of those	487
systems.	488

Installer certifications issued under this division shall be	489
renewed annually, upon submission of a certification renewal form	490
prescribed by the fire marshal, provision of proof of successful	491
completion of continuing education requirements, and payment of	492
the certification renewal fee established in rules adopted under	493
division (D)(5) of this section. In addition, the fire marshal may	494
from time to time prescribe an examination for certification	495
renewal and may require applicants to pass the examination and pay	496
the fee established for it in rules adopted under division (D)(5)	497
of this section.	498

The fire marshal may, in accordance with Chapter 119. of the	499
Revised Code, deny, suspend, revoke, or refuse to renew an	500
installer's certification or renewal thereof if he findsafter	501
finding that any of the following applies:	502

(1) The applicant for certification or certificate holder	503
fails to meet the standards for certification or renewal thereof	504
under this section and rules adopted under it;	505

(2) The certification was obtained through fraud or	506
misrepresentation;	507

(3) The certificate holder recklessly caused or permitted a	508
person under histhe certificate holder's supervision to install,	509
perform major repairs on site to, abandon, or remove an	510
underground storage tank system in violation of the performance	511
standards set forth in rules adopted under section 3737.88 or	512
3737.882 of the Revised Code.	513

As used in division (A)(3) of this section, "recklessly" has	514
the same meaning as in section 2901.22 of the Revised Code.	515

(B) The fire marshal shall certify persons who sponsor	516
training programs for underground storage tank system installers	517
who meet the criteria for certification established in rules	518
adopted by the fire marshal under division (D)(4) of this section	519
and pay the certificate fee established in rules adopted under	520
division (D)(5) of this section. Any person who wishes to obtain	521
certification to sponsor such a training program shall apply to	522
the fire marshal on a form prescribed by himthe fire marshal.	523
Training program certificates issued under this division shall	524
expire annually. Upon submission of a certification renewal	525
application form prescribed by the fire marshal and payment of the	526
application and certification renewal fees established in rules	527
adopted under division (D)(5) of this section, the fire marshal	528
shall issue a training program renewal certificate to the	529
applicant.	530

The fire marshal may, in accordance with Chapter 119. of the	531
Revised Code, deny an application for, suspend, or revoke a	532
training program certificate or renewal thereof if he findsor	533
renewal of a training program certificate after finding that the	534
training program does not or will not meet the standards for	535
certification established in rules adopted under division (D)(4)	536
of this section.	537

(C) The fire marshal may conduct or cause to be conducted	538
training programs for underground storage tank systems installers	539
as hethe fire marshal considers to be necessary or appropriate.	540
The fire marshal is not subject to division (B) of this section	541
with respect to training programs conducted by employees of the	542
office of the fire marshal.	543

(D) The fire marshal shall adopt, and may amend and rescind,	544
rules doing all of the following:	545

(1) Defining the activities that constitute supervision over	546
the installation, performance of major repairs on site to,	547
abandonment of, and removal of underground storage tank systems;	548

(2) Establishing standards and procedures for certification	549
of underground storage tank systems installers;	550

(3) Establishing standards and procedures for continuing	551
education for certification renewal, subject to the provisions of	552
section 5903.12 of the Revised Code relating to active duty	553
military service;	554

(4) Establishing standards and procedures for certification	555
of training programs for installers;	556

(5) Establishing fees for applications for certifications	557
under this section, the examinations prescribed under division (A)	558
of this section, the issuance and renewal of certificates under	559
divisions (A) and (B) of this section, and attendance at training	560
programs conducted by the fire marshal under division (C) of this	561
section. Fees received under this section shall be credited to the	562
underground storage tank administration fund created in section	563
3737.02 of the Revised Code and shall be used to defray the costs	564
of implementing, administering, and enforcing this section and the	565
rules adopted thereunder, conducting training sessions, and	566
facilitating prevention of releases.	567

(6) That are necessary or appropriate for the implementation,	568
administration, and enforcement of this section.	569

(E) Nothing in this section or the rules adopted under it	570
prohibits an owner or operator of an underground storage tank	571
system from installing, making major repairs on site to,	572
abandoning, or removing an underground storage tank system under	573
the supervision of an installer certified under division (A) of	574
this section who is a full-time or part-time employee of the owner	575
or operator.	576

(F) On and after the date one hundred eighty days after the	577
effective date of this sectionJanuary 7, 1990, no person shall do	578
any of the following:	579

(1) Install, make major repairs on site to, abandon, or	580
remove an underground storage tank system unless the activity is	581
performed under the supervision of a qualified individual who	582
holds a valid installer certificate issued under division (A) of	583
this section;	584

(2) Act in the capacity of providing supervision for the	585
installation of, performance of major repairs on site to,	586
abandonment of, or removal of an underground storage tank system	587
unless the person holds a valid installer certificate issued under	588
division (A) of this section;	589

(3) Except as provided in division (C) of this section,	590
sponsor a training program for underground storage tank systems	591
installers unless the person holds a valid training program	592
certificate issued under division (B) of this section.	593

Sec. 3781.10. (A)(1) The board of building standards shall	594
formulate and adopt rules governing the erection, construction,	595
repair, alteration, and maintenance of all buildings or classes of	596
buildings specified in section 3781.06 of the Revised Code,	597
including land area incidental to those buildings, the	598
construction of industrialized units, the installation of	599
equipment, and the standards or requirements for materials used in	600
connection with those buildings. The board shall incorporate those	601
rules into separate residential and nonresidential building codes.	602
The standards shall relate to the conservation of energy and the	603
safety and sanitation of those buildings.	604

(2) The rules governing nonresidential buildings are the	605
lawful minimum requirements specified for those buildings and	606
industrialized units, except that no rule other than as provided	607
in division (C) of section 3781.108 of the Revised Code that	608
specifies a higher requirement than is imposed by any section of	609
the Revised Code is enforceable. The rules governing residential	610
buildings are uniform requirements for residential buildings in	611
any area with a building department certified to enforce the state	612
residential building code. In no case shall any local code or	613
regulation differ from the state residential building code unless	614
that code or regulation addresses subject matter not addressed by	615
the state residential building code or is adopted pursuant to	616
section 3781.01 of the Revised Code.	617

(3) The rules adopted pursuant to this section are complete,	618
lawful alternatives to any requirements specified for buildings or	619
industrialized units in any section of the Revised Code. Except as	620
otherwise provided in division (I) of this section, the board	621
shall, on its own motion or on application made under sections	622
3781.12 and 3781.13 of the Revised Code, formulate, propose,	623
adopt, modify, amend, or repeal the rules to the extent necessary	624
or desirable to effectuate the purposes of sections 3781.06 to	625
3781.18 of the Revised Code.	626

(B) The board shall report to the general assembly proposals	627
for amendments to existing statutes relating to the purposes	628
declared in section 3781.06 of the Revised Code that public health	629
and safety and the development of the arts require and shall	630
recommend any additional legislation to assist in carrying out	631
fully, in statutory form, the purposes declared in that section.	632
The board shall prepare and submit to the general assembly a	633
summary report of the number, nature, and disposition of the	634
petitions filed under sections 3781.13 and 3781.14 of the Revised	635
Code.	636

(C) On its own motion or on application made under sections	637
3781.12 and 3781.13 of the Revised Code, and after thorough	638
testing and evaluation, the board shall determine by rule that any	639
particular fixture, device, material, process of manufacture,	640
manufactured unit or component, method of manufacture, system, or	641
method of construction complies with performance standards adopted	642
pursuant to section 3781.11 of the Revised Code. The board shall	643
make its determination with regard to adaptability for safe and	644
sanitary erection, use, or construction, to that described in any	645
section of the Revised Code, wherever the use of a fixture,	646
device, material, method of manufacture, system, or method of	647
construction described in that section of the Revised Code is	648
permitted by law. The board shall amend or annul any rule or issue	649
an authorization for the use of a new material or manufactured	650
unit on any like application. No department, officer, board, or	651
commission of the state other than the board of building standards	652
or the board of building appeals shall permit the use of any	653
fixture, device, material, method of manufacture, newly designed	654
product, system, or method of construction at variance with what	655
is described in any rule the board of building standards adopts or	656
issues or that is authorized by any section of the Revised Code.	657
Nothing in this section shall be construed as requiring approval,	658
by rule, of plans for an industrialized unit that conforms with	659
the rules the board of building standards adopts pursuant to	660
section 3781.11 of the Revised Code.	661

(D) The board shall recommend rules, codes, and standards to	662
help carry out the purposes of section 3781.06 of the Revised Code	663
and to help secure uniformity of state administrative rulings and	664
local legislation and administrative action to the bureau of	665
workers' compensation, the director of commerce, any other	666
department, officer, board, or commission of the state, and to	667
legislative authorities and building departments of counties,	668
townships, and municipal corporations, and shall recommend that	669
they audit those recommended rules, codes, and standards by any	670
appropriate action that they are allowed pursuant to law or the	671
constitution.	672

(E)(1) The board shall certify municipal, township, and	673
county building departments and the personnel of those building	674
departments, and persons and employees of individuals, firms, or	675
corporations as described in division (E)(7) of this section to	676
exercise enforcement authority, to accept and approve plans and	677
specifications, and to make inspections, pursuant to sections	678
3781.03, 3791.04, and 4104.43 of the Revised Code.	679

(2) The board shall certify departments, personnel, and	680
persons to enforce the state residential building code, to enforce	681
the nonresidential building code, or to enforce both the	682
residential and the nonresidential building codes. Any department,	683
personnel, or person may enforce only the type of building code	684
for which certified.	685

(3) The board shall not require a building department, its	686
personnel, or any persons that it employs to be certified for	687
residential building code enforcement if that building department	688
does not enforce the state residential building code. The board	689
shall specify, in rules adopted pursuant to Chapter 119. of the	690
Revised Code, the requirements for certification for residential	691
and nonresidential building code enforcement, which shall be	692
consistent with this division. The requirements for residential	693
and nonresidential certification may differ. Except as otherwise	694
provided in this division, the requirements shall include, but are	695
not limited to, the satisfactory completion of an initial	696
examination and, to remain certified, the completion of a	697
specified number of hours of continuing building code education	698
within each three-year period following the date of certification	699
which shall be not less than thirty hours. The rules shall provide	700
that continuing education credits and certification issued by the	701
council of American building officials, national model code	702
organizations, and agencies or entities the board recognizes are	703
acceptable for purposes of this division. The rules shall specify	704
requirements that are consistent with the provisions of section	705
5903.12 of the Revised Code relating to active duty military	706
service and are compatible, to the extent possible, with	707
requirements the council of American building officials and	708
national model code organizations establish.	709

(4) The board shall establish and collect a certification and	710
renewal fee for building department personnel, and persons and	711
employees of persons, firms, or corporations as described in this	712
section, who are certified pursuant to this division.	713

(5) Any individual certified pursuant to this division shall	714
complete the number of hours of continuing building code education	715
that the board requires or, for failure to do so, forfeit	716
certification.	717

(6) This division does not require or authorize the board to	718
certify personnel of municipal, township, and county building	719
departments, and persons and employees of persons, firms, or	720
corporations as described in this section, whose responsibilities	721
do not include the exercise of enforcement authority, the approval	722
of plans and specifications, or making inspections under the state	723
residential and nonresidential building codes.	724

(7) Enforcement authority for approval of plans and	725
specifications and enforcement authority for inspections may be	726
exercised, and plans and specifications may be approved and	727
inspections may be made on behalf of a municipal corporation,	728
township, or county, by any of the following who the board of	729
building standards certifies:	730

(a) Officers or employees of the municipal corporation,	731
township, or county;	732

(b) Persons, or employees of persons, firms, or corporations,	733
pursuant to a contract to furnish architectural, engineering, or	734
other services to the municipal corporation, township, or county;	735

(c) Officers or employees of, and persons under contract	736
with, a municipal corporation, township, county, health district,	737
or other political subdivision, pursuant to a contract to furnish	738
architectural, engineering, or other services.	739

(8) Municipal, township, and county building departments have	740
jurisdiction within the meaning of sections 3781.03, 3791.04, and	741
4104.43 of the Revised Code, only with respect to the types of	742
buildings and subject matters for which they are certified under	743
this section.	744

(9) Certification shall be granted upon application by the	745
municipal corporation, the board of township trustees, or the	746
board of county commissioners and approval of that application by	747
the board of building standards. The application shall set forth:	748

(a) Whether the certification is requested for residential or	749
nonresidential buildings, or both;	750

(b) The number and qualifications of the staff composing the	751
building department;	752

(c) The names, addresses, and qualifications of persons,	753
firms, or corporations contracting to furnish work or services	754
pursuant to division (E)(7)(b) of this section;	755

(d) The names of any other municipal corporation, township,	756
county, health district, or political subdivision under contract	757
to furnish work or services pursuant to division (E)(7) of this	758
section;	759

(e) The proposed budget for the operation of the building	760
department.	761

(10) The board of building standards shall adopt rules	762
governing all of the following:	763

(a) The certification of building department personnel and	764
persons and employees of persons, firms, or corporations	765
exercising authority pursuant to division (E)(7) of this section.	766
The rules shall disqualify any employee of the department or	767
person who contracts for services with the department from	768
performing services for the department when that employee or	769
person would have to pass upon, inspect, or otherwise exercise	770
authority over any labor, material, or equipment the employee or	771
person furnishes for the construction, alteration, or maintenance	772
of a building or the preparation of working drawings or	773
specifications for work within the jurisdictional area of the	774
department. The department shall provide other similarly qualified	775
personnel to enforce the residential and nonresidential building	776
codes as they pertain to that work.	777

(b) The minimum services to be provided by a certified	778
building department.	779

(11) The board of building standards may revoke or suspend	780
certification to enforce the residential and nonresidential	781
building codes, on petition to the board by any person affected by	782
that enforcement or approval of plans, or by the board on its own	783
motion. Hearings shall be held and appeals permitted on any	784
proceedings for certification or revocation or suspension of	785
certification in the same manner as provided in section 3781.101	786
of the Revised Code for other proceedings of the board of building	787
standards.	788

(12) Upon certification, and until that authority is revoked,	789
any county or township building department shall enforce the	790
residential and nonresidential building codes for which it is	791
certified without regard to limitation upon the authority of	792
boards of county commissioners under Chapter 307. of the Revised	793
Code or boards of township trustees under Chapter 505. of the	794
Revised Code.	795

(F) In addition to hearings sections 3781.06 to 3781.18 and	796
3791.04 of the Revised Code require, the board of building	797
standards shall make investigations and tests, and require from	798
other state departments, officers, boards, and commissions	799
information the board considers necessary or desirable to assist	800
it in the discharge of any duty or the exercise of any power	801
mentioned in this section or in sections 3781.06 to 3781.18,	802
3791.04, and 4104.43 of the Revised Code.	803

(G) The board shall adopt rules and establish reasonable fees	804
for the review of all applications submitted where the applicant	805
applies for authority to use a new material, assembly, or product	806
of a manufacturing process. The fee shall bear some reasonable	807
relationship to the cost of the review or testing of the	808
materials, assembly, or products and for the notification of	809
approval or disapproval as provided in section 3781.12 of the	810
Revised Code.	811

(H) The residential construction advisory committee shall	812
provide the board with a proposal for a state residential building	813
code that the committee recommends pursuant to division (D)(1) of	814
section 4740.14 of the Revised Code. Upon receiving a	815
recommendation from the committee that is acceptable to the board,	816
the board shall adopt rules establishing that code as the state	817
residential building code.	818

(I)(1) The committee may provide the board with proposed	819
rules to update or amend the state residential building code that	820
the committee recommends pursuant to division (E) of section	821
4740.14 of the Revised Code.	822

(2) If the board receives a proposed rule to update or amend	823
the state residential building code as provided in division (I)(1)	824
of this section, the board either may accept or reject the	825
proposed rule for incorporation into the residential building	826
code. If the board does not act to either accept or reject the	827
proposed rule within ninety days after receiving the proposed rule	828
from the committee as described in division (I)(1) of this	829
section, the proposed rule shall become part of the residential	830
building code.	831

(J) The board shall cooperate with the director of job and	832
family services when the director promulgates rules pursuant to	833
section 5104.05 of the Revised Code regarding safety and	834
sanitation in type A family day-care homes.	835

(K) The board shall adopt rules to implement the requirements	836
of section 3781.108 of the Revised Code.	837

Sec. 4743.04.  (A) The renewal of a license or other	838
authorization to practice a trade or profession issued under Title	839
XLVII of the Revised Code is subject to the provisions of section	840
5903.10 of the Revised Code relating to service in the armed	841
forces of the United States or the Ohio national guard.	842

(B) Continuing education requirements applicable to the	843
licensees under Title XLVII of the Revised Code are subject to the	844
provisions of section 5903.12 of the Revised Code relating to	845
active duty military service.	846

(C) A department, agency, or office of this state or of any	847
political subdivision of this state that issues a license or	848
certificate to practice a trade or profession may, pursuant to	849
rules adopted by the department, agency, or office, issue a	850
temporary license or certificate to practice the trade or	851
profession to a person whose spouse is on active military duty in	852
this state.	853

Sec. 5321.04.  (A) A landlord who is a party to a rental	854
agreement shall do all of the following:	855

(1) Comply with the requirements of all applicable building,	856
housing, health, and safety codes that materially affect health	857
and safety;	858

(2) Make all repairs and do whatever is reasonably necessary	859
to put and keep the premises in a fit and habitable condition;	860

(3) Keep all common areas of the premises in a safe and	861
sanitary condition;	862

(4) Maintain in good and safe working order and condition all	863
electrical, plumbing, sanitary, heating, ventilating, and air	864
conditioning fixtures and appliances, and elevators, supplied or	865
required to be supplied by himthe landlord;	866

(5) When hethe landlord is a party to any rental agreements	867
that cover four or more dwelling units in the same structure,	868
provide and maintain appropriate receptacles for the removal of	869
ashes, garbage, rubbish, and other waste incidental to the	870
occupancy of a dwelling unit, and arrange for their removal;	871

(6) Supply running water, reasonable amounts of hot water,	872
and reasonable heat at all times, except where the building that	873
includes the dwelling unit is not required by law to be equipped	874
for that purpose, or the dwelling unit is so constructed that heat	875
or hot water is generated by an installation within the exclusive	876
control of the tenant and supplied by a direct public utility	877
connection;	878

(7) Not abuse the right of access conferred by division (B)	879
of section 5321.05 of the Revised Code;	880

(8) Except in the case of emergency or if it is impracticable	881
to do so, give the tenant reasonable notice of histhe landlord's	882
intent to enter and enter only at reasonable times. Twenty-four	883
hours is presumed to be a reasonable notice in the absence of	884
evidence to the contrary.	885

(9) Promptly commence an action under Chapter 1923. of the	886
Revised Code, after complying with division (C) of section 5321.17	887
of the Revised Code, to remove a tenant from particular	888
residential premises, if the tenant fails to vacate the premises	889
within three days after the giving of the notice required by that	890
division and if the landlord has actual knowledge of or has	891
reasonable cause to believe that the tenant, any person in the	892
tenant's household, or any person on the premises with the consent	893
of the tenant previously has or presently is engaged in a	894
violation as described in division (A)(6)(a)(i) of section 1923.02	895
of the Revised Code, whether or not the tenant or other person has	896
been charged with, has pleaded guilty to or been convicted of, or	897
has been determined to be a delinquent child for an act that, if	898
committed by an adult, would be a violation as described in that	899
division. Such actual knowledge or reasonable cause to believe	900
shall be determined in accordance with that division.	901

(10) Comply with the rights of tenants under the	902
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	903
501.	904

(B) If the landlord makes an entry in violation of division	905
(A)(8) of this section, makes a lawful entry in an unreasonable	906
manner, or makes repeated demands for entry otherwise lawful that	907
have the effect of harassing the tenant, the tenant may recover	908
actual damages resulting from the entry or demands, obtain	909
injunctive relief to prevent the recurrence of the conduct, and	910
obtain a judgment for reasonable attorney's fees, or may terminate	911
the rental agreement.	912

Sec. 5747.61.  (A) As used in this section:

913

(1) "Qualified unemployed veteran" means a veteran who was	914
unemployed for at least six months during the one-year period	915
ending on the date the employer hired the veteran.	916

(2) "Qualified unemployed disabled veteran" means a disabled	917
veteran who was unemployed for at least six months during the	918
one-year period ending on the date the employer hired the disabled	919
veteran.	920

(3) "Veteran" means an individual who was not serving	921
extended active duty in the armed forces of the United States at	922
any time during the sixty-day period ending on the day the	923
individual was hired and who either (a) served on active military	924
duty in the armed forces for more than one hundred eighty days and	925
has not received a discharge or separation under dishonorable	926
conditions, or (b) is a former member of the armed forces who has	927
been discharged or released from active duty in the armed forces	928
for a service-connected disability.	929

(4) "Disabled veteran" means a veteran who is entitled to	930
compensation for a service-connected disability.	931

(5) "Extended active duty" has the same meaning as in section	932
51 of the Internal Revenue Code.	933

(6) "Compensation" means a monthly payment made by the United	934
States secretary of veterans affairs to a veteran.	935

(7) "Service-connected disability" means a disability that	936
was incurred or aggravated in line of duty in the active service	937
to the armed forces of the United States.	938

(B) There is hereby allowed a nonrefundable credit against	939
the tax imposed by section 5747.02 of the Revised Code for a	940
taxpayer who is an employer required to deduct and withhold income	941
tax from an employee's compensation and remit such amounts under	942
sections 5747.06 and 5747.07 of the Revised Code and who hires a	943
qualified unemployed veteran or a qualified unemployed disabled	944
veteran. The amount of the credit shall be as follows:	945

(1) For the hiring of a qualified unemployed veteran, five	946
thousand six hundred dollars.	947

(2) For the hiring of a qualified unemployed disabled	948
veteran, nine thousand six hundred dollars.	949

The credit shall be claimed for the taxable year in which the	950
qualified unemployed veteran or qualified unemployed disabled	951
veteran is hired. The credit shall be claimed in the order	952
required under section 5747.98 of the Revised Code. The amount of	953
credit claimed may not exceed the tax otherwise due after allowing	954
for all preceding credits in that order.	955

A credit may be claimed under this section only once for any	956
individual employee. A person that claims the credit under section	957
5751.55 of the Revised Code may not claim the credit under this	958
section for the same qualified unemployed veteran or qualified	959
unemployed disabled veteran.	960

Nothing in this section limits or disallows pass-through	961
treatment of the credit.	962

Sec. 5747.98.  (A) To provide a uniform procedure for	963
calculating the amount of tax due under section 5747.02 of the	964
Revised Code, a taxpayer shall claim any credits to which the	965
taxpayer is entitled in the following order:	966

(1) The retirement income credit under division (B) of	967
section 5747.055 of the Revised Code;	968

(2) The senior citizen credit under division (C) of section	969
5747.05 of the Revised Code;	970

(3) The lump sum distribution credit under division (D) of	971
section 5747.05 of the Revised Code;	972

(4) The dependent care credit under section 5747.054 of the	973
Revised Code;	974

(5) The lump sum retirement income credit under division (C)	975
of section 5747.055 of the Revised Code;	976

(6) The lump sum retirement income credit under division (D)	977
of section 5747.055 of the Revised Code;	978

(7) The lump sum retirement income credit under division (E)	979
of section 5747.055 of the Revised Code;	980

(8) The low-income credit under section 5747.056 of the	981
Revised Code;	982

(9) The credit for displaced workers who pay for job training	983
under section 5747.27 of the Revised Code;	984

(10) The campaign contribution credit under section 5747.29	985
of the Revised Code;	986

(11) The twenty-dollar personal exemption credit under	987
section 5747.022 of the Revised Code;	988

(12) The joint filing credit under division (G) of section	989
5747.05 of the Revised Code;	990

(13) The nonresident credit under division (A) of section	991
5747.05 of the Revised Code;	992

(14) The credit for a resident's out-of-state income under	993
division (B) of section 5747.05 of the Revised Code;	994

(15) The credit for employers that enter into agreements with	995
child day-care centers under section 5747.34 of the Revised Code;	996

(16) The credit for employers that reimburse employee child	997
care expenses under section 5747.36 of the Revised Code;	998

(17) The credit for adoption of a minor child under section	999
5747.37 of the Revised Code;	1000

(18) The credit for purchases of lights and reflectors under	1001
section 5747.38 of the Revised Code;	1002

(19) The nonrefundable job retention credit under division	1003
(B) of section 5747.058 of the Revised Code;	1004

(20) The credit for selling alternative fuel under section	1005
5747.77 of the Revised Code;	1006

(21) The nonrefundable credit for hiring a qualified	1007
unemployed veteran or a qualified unemployed disabled veteran	1008
under section 4757.61 of the Revised Code;	1009

(21)(22) The second credit for purchases of new manufacturing	1010
machinery and equipment and the credit for using Ohio coal under	1011
section 5747.31 of the Revised Code;	1012

(22)(23) The job training credit under section 5747.39 of the	1013
Revised Code;	1014

(23)(24) The enterprise zone credit under section 5709.66 of	1015
the Revised Code;	1016

(24)(25) The credit for the eligible costs associated with a	1017
voluntary action under section 5747.32 of the Revised Code;	1018

(25)(26) The credit for employers that establish on-site	1019
child day-care centers under section 5747.35 of the Revised Code;	1020

(26)(27) The ethanol plant investment credit under section	1021
5747.75 of the Revised Code;	1022

(27)(28) The credit for purchases of qualifying grape	1023
production property under section 5747.28 of the Revised Code;	1024

(28)(29) The small business investment credit under section	1025
5747.81 of the Revised Code;	1026

(29)(30) The credit for research and development and	1027
technology transfer investors under section 5747.33 of the Revised	1028
Code;	1029

(30)(31) The enterprise zone credits under section 5709.65 of	1030
the Revised Code;	1031

(31)(32) The research and development credit under section	1032
5747.331 of the Revised Code;	1033

(32)(33) The credit for rehabilitating a historic building	1034
under section 5747.76 of the Revised Code;	1035

(33)(34) The refundable credit for rehabilitating a historic	1036
building under section 5747.76 of the Revised Code;	1037

(34)(35) The refundable jobs creation credit or job retention	1038
credit under division (A) of section 5747.058 of the Revised Code;	1039

(35)(36) The refundable credit for taxes paid by a qualifying	1040
entity granted under section 5747.059 of the Revised Code;	1041

(36)(37) The refundable credits for taxes paid by a	1042
qualifying pass-through entity granted under division (J) of	1043
section 5747.08 of the Revised Code;	1044

(37)(38) The refundable credit for tax withheld under	1045
division (B)(1) of section 5747.062 of the Revised Code;	1046

(38)(39) The refundable credit for tax withheld under section	1047
5747.063 of the Revised Code;	1048

(39)(40) The refundable credit under section 5747.80 of the	1049
Revised Code for losses on loans made to the Ohio venture capital	1050
program under sections 150.01 to 150.10 of the Revised Code;	1051

(40)(41) The refundable motion picture production credit	1052
under section 5747.66 of the Revised Code.	1053

(B) For any credit, except the refundable credits enumerated	1054
in this section and the credit granted under division (I) of	1055
section 5747.08 of the Revised Code, the amount of the credit for	1056
a taxable year shall not exceed the tax due after allowing for any	1057
other credit that precedes it in the order required under this	1058
section. Any excess amount of a particular credit may be carried	1059
forward if authorized under the section creating that credit.	1060
Nothing in this chapter shall be construed to allow a taxpayer to	1061
claim, directly or indirectly, a credit more than once for a	1062
taxable year.	1063

Sec. 5902.02.  The duties of the director of veterans	1064
services shall include the following:	1065

(A) Furnishing the veterans service commissions of all	1066
counties of the state copies of the state laws, rules, and	1067
legislation relating to the operation of the commissions and their	1068
offices;	1069

(B) Upon application, assisting the general public in	1070
obtaining records of vital statistics pertaining to veterans or	1071
their dependents;	1072

(C) Adopting rules pursuant to Chapter 119. of the Revised	1073
Code pertaining to minimum qualifications for hiring, certifying,	1074
and accrediting county veterans service officers, pertaining to	1075
their required duties, and pertaining to revocation of the	1076
certification of county veterans service officers;	1077

(D) Adopting rules pursuant to Chapter 119. of the Revised	1078
Code for the education, training, certification, and duties of	1079
veterans service commissioners and for the revocation of the	1080
certification of a veterans service commissioner;	1081

(E) Developing and monitoring programs and agreements	1082
enhancing employment and training for veterans in single or	1083
multiple county areas;	1084

(F) Developing and monitoring programs and agreements to	1085
enable county veterans service commissions to address	1086
homelessness, indigency, and other veteran-related issues	1087
individually or jointly;	1088

(G) Developing and monitoring programs and agreements to	1089
enable state agencies, individually or jointly, that provide	1090
services to veterans, including the veterans' homes operated under	1091
Chapter 5907. of the Revised Code and the director of job and	1092
family services, to address homelessness, indigency, employment,	1093
and other veteran-related issues;	1094

(H) Establishing and providing statistical reporting formats	1095
and procedures for county veterans service commissions;	1096

(I) Publishing annually, promulgating change notices for, and	1097
distributingelectronically a listing of county veterans service	1098
officers,offices and county veterans service commissioners, state	1099
directors of veterans affairs, and national and state service	1100
officers of accredited veterans organizations and their state	1101
headquarters. The listing shall include the expiration dates of	1102
commission members' terms of office and the organizations they	1103
represent; the names, addresses, and telephone numbers of county	1104
veterans service officers and state directors of veterans affairs	1105
offices; and the addresses and telephone numbers of the Ohio	1106
offices and headquarters of state and national veterans service	1107
organizations.	1108

(J) Establishing a veterans advisory committee to advise and	1109
assist the department of veterans services in its duties. Members	1110
shall include a member of the national guard association of the	1111
United States who is a resident of this state, a member of the	1112
military officers association of America who is a resident of this	1113
state, a state representative of congressionally chartered	1114
veterans organizations referred to in section 5901.02 of the	1115
Revised Code, a representative of any other congressionally	1116
chartered state veterans organization that has at least one	1117
veterans service commissioner in the state, three representatives	1118
of the Ohio state association of county veterans service	1119
commissioners, who shall have a combined vote of one, three	1120
representatives of the state association of county veterans	1121
service officers, who shall have a combined vote of one, one	1122
representative of the county commissioners association of Ohio,	1123
who shall be a county commissioner not from the same county as any	1124
of the other county representatives, a representative of the	1125
advisory committee on women veterans, a representative of a labor	1126
organization, and a representative of the office of the attorney	1127
general. The department of veterans services shall submit to the	1128
advisory committee proposed rules for the committee's operation.	1129
The committee may review and revise these proposed rules prior to	1130
submitting them to the joint committee on agency rule review.	1131

(K) Adopting, with the advice and assistance of the veterans	1132
advisory committee, policy and procedural guidelines that the	1133
veterans service commissions shall adhere to in the development	1134
and implementation of rules, policies, procedures, and guidelines	1135
for the administration of Chapter 5901. of the Revised Code. The	1136
department of veterans services shall adopt no guidelines or rules	1137
regulating the purposes, scope, duration, or amounts of financial	1138
assistance provided to applicants pursuant to sections 5901.01 to	1139
5901.15 of the Revised Code. The director of veterans services may	1140
obtain opinions from the office of the attorney general regarding	1141
rules, policies, procedures, and guidelines of the veterans	1142
service commissions and may enforce compliance with Chapter 5901.	1143
of the Revised Code.	1144

(L) Receiving copies of form DD214 filed in accordance with	1145
the director's guidelines adopted under division (L) of this	1146
section from members of veterans service commissions appointed	1147
under section 5901.02 and from county veterans service officers	1148
employed under section 5901.07 of the Revised Code;	1149

(M) Developing and maintaining and improving a resource, such	1150
as a telephone answering point or a web site, by means of which	1151
veterans and their dependents, through a single portal, can access	1152
multiple sources of information and interaction with regard to the	1153
rights of, and the benefits available to, veterans and their	1154
dependents. The director of veterans services may enter into	1155
agreements with state and federal agencies, with agencies of	1156
political subdivisions, with state and local instrumentalities,	1157
and with private entities as necessary to make the resource as	1158
complete as is possible.	1159

(N) Planning, organizing, advertising, and conducting	1160
outreach efforts, such as conferences and fairs, at which veterans	1161
and their dependents may meet, learn about the organization and	1162
operation of the department of veterans services and of veterans	1163
service commissions, and obtain information about the rights of,	1164
and the benefits and services available to, veterans and their	1165
dependents;	1166

(O) Advertising, in print, on radio and television, and	1167
otherwise, the rights of, and the benefits and services available	1168
to, veterans and their dependents;	1169

(P) Developing and advocating improved benefits and services	1170
for, and improved delivery of benefits and services to, veterans	1171
and their dependents;	1172

(Q) Searching for, identifying, and reviewing statutory and	1173
administrative policies that relate to veterans and their	1174
dependents and reporting to the general assembly statutory and	1175
administrative policies that should be consolidated in whole or in	1176
part within the organization of the department of veterans	1177
services to unify funding, delivery, and accounting of statutory	1178
and administrative policy expressions that relate particularly to	1179
veterans and their dependents;	1180

(R) Encouraging veterans service commissions to innovate and	1181
otherwise to improve efficiency in delivering benefits and	1182
services to veterans and their dependents and to report successful	1183
innovations and efficiencies to the director of veterans services;	1184

(S) Publishing and encouraging adoption of successful	1185
innovations and efficiencies veterans service commissions have	1186
achieved in delivering benefits and services to veterans and their	1187
dependents;	1188

(T) Establishing advisory committees, in addition to the	1189
veterans advisory committee established under division (K) of this	1190
section, on veterans issues;	1191

(U) Developing and maintaining a relationship with the United	1192
States department of veterans affairs, seeking optimal federal	1193
benefits and services for Ohio veterans and their dependents, and	1194
encouraging veterans service commissions to maximize the federal	1195
benefits and services to which veterans and their dependents are	1196
entitled;	1197

(V) Developing and maintaining relationships with the several	1198
veterans organizations, encouraging the organizations in their	1199
efforts at assisting veterans and their dependents, and advocating	1200
for adequate state subsidization of the organizations;	1201

(W) Requiring the several veterans organizations that receive	1202
funding from the state annually to report to the director of	1203
veterans services and prescribing the form and content of the	1204
report;	1205

(X) Investigating complaints against county veterans services	1206
commissioners and county veterans service officers if the director	1207
reasonably believes the investigation to be appropriate and	1208
necessary;	1209

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

1210

Sec. 5903.10. Any(A) A holder of an expired license or	1211
certificate from this state or any political subdivision or agency	1212
of the state to practice a trade or profession, whose license or	1213
certificate was not renewed because of the holder's service in the	1214
armed forces of the United States, or in the national guard or in	1215
a reserve component, shall, upon presentation of satisfactory	1216
evidence of honorable discharge or separation under honorable	1217
conditions therefrom within six months of such discharge or	1218
separation, be granted a renewal of saidthe license or	1219
certificate by the issuing board or authority at the usual cost	1220
without penalty and without re-examination if not otherwise	1221
disqualified because of mental or physical disability and if	1222
either of the following applies:	1223

(1) The license or certificate was not renewed because of the	1224
holder's service in the armed forces of the United States or a	1225
reserve component of the armed forces of the United States,	1226
including the Ohio national guard.	1227

(2) The license or certificate was not renewed because the	1228
holder's spouse served in the armed forces of the United States or	1229
a reserved component of the armed forces of the United States,	1230
including the Ohio national guard, and the service resulted in the	1231
holder's absence from this state.	1232

(B) A renewal shall not be granted under division (A) of this	1233
section unless the holder or the holder's spouse, whichever is	1234
applicable, has presented satisfactory evidence of the service	1235
member's discharge under honorable conditions or release under	1236
honorable conditions from active duty or national guard duty	1237
within six months after the discharge or release.	1238

Sec. 5903.11.  (A) Any federally funded employment and	1239
training program administered by any state agency including, but	1240
not limited to, the "Job Training PartnershipWorkforce Investment	1241
Act of 1998," 96112 Stat. 1322(1982)936, codified in scattered	1242
sections of 29 U.S.C.A. 1501, as amended, shall include a veteran	1243
priority system to provide maximum employment and training	1244
opportunities to veterans and other eligible persons within each	1245
targeted group as established by federal law and state and federal	1246
policy in the service area. Disabled veterans, veterans of the	1247
Vietnam era, other veterans, and other eligible persons shall	1248
receive preference over nonveterans within each targeted group in	1249
the provision of employment and training services available	1250
through these programs as required by this section.	1251

(B) Each state agency shall refer qualified applicants to job	1252
openings and training opportunities in programs described in	1253
division (A) of this section in the following order of priority:	1254

(1) Special disabled veterans;

1255

(2) Veterans of the Vietnam era;

1256

(3) Disabled veterans;

1257

(4) All other veterans;

1258

(5) Other eligible persons;

1259

(6) Nonveterans.

1260

(C) Each state agency providing employment and training	1261
services to veterans and other eligible persons under programs	1262
described in division (A) of this section shall submit an annual	1263
written report to the speaker of the house of representatives and	1264
the president of the senate on the services that it provides to	1265
veterans and other eligible persons. Each such agency shall report	1266
separately on all entitlement programs, employment or training	1267
programs, and any other programs that it provides to each class of	1268
persons described in divisions (B)(1) to (6) of this section. Each	1269
such agency shall also report on action taken to ensure compliance	1270
with statutory requirements. Compliance and reporting procedures	1271
shall be in accordance with the reporting procedures then in	1272
effect for all employment and training programs described in	1273
division (A) of this section, with the addition of veterans as a	1274
separate reporting module.	1275

(D) All state agencies that administer federally funded	1276
employment and training programs described in division (A) of this	1277
section for veterans and other eligible persons shall do all of	1278
the following:	1279

(1) Ensure that veterans are treated with courtesy and	1280
respect at all state governmental facilities;	1281

(2) Give priority in referral to jobs to qualified veterans	1282
and other eligible persons;	1283

(3) Give priority in referral to and enrollment in training	1284
programs to qualified veterans and other eligible persons;	1285

(4) Give preferential treatment to special disabled veterans	1286
in the provision of all needed state services;	1287

(5) Provide information and effective referral assistance to	1288
veterans and other eligible persons regarding needed benefits and	1289
services that may be obtained through other agencies.	1290

(E) As used in this section:

1291

(1) "Special disabled veteran" means a veteran who is	1292
entitled to, or who but for the receipt of military pay would be	1293
entitled to, compensation under any law administered by the	1294
department of veterans affairs for a disability rated at thirty	1295
per cent or more or a person who was discharged or released from	1296
active duty because of a service-connected disability.	1297

(2) "Veteran of the Vietnam era" means an eligible veteran	1298
who served on active duty for a period of more than one hundred	1299
eighty days, any part of which occurred from August 5, 1964,	1300
through May 7, 1975, and was discharged or released therefrom with	1301
other than a dishonorable discharge or a person who was discharged	1302
or released from active duty for a service-connected disability if	1303
any part of the active duty was performed from August 5, 1964,	1304
through May 7, 1975.	1305

(3) "Disabled veteran" means a veteran who is entitled to, or	1306
who but for the receipt of military retirement pay would be	1307
entitled to compensation, under any law administered by the	1308
department of veterans affairs and who is not a special disabled	1309
veteran.	1310

(4) "Eligible veteran" means a person who served on active	1311
duty for more than one hundred eighty days and was discharged or	1312
released from active duty with other than a dishonorable discharge	1313
or a person who was discharged or released from active duty	1314
because of a service-connected disability.	1315

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

1316

(a) The spouse of any person who died of a service-connected	1317
disability;	1318

(b) The spouse of any member of the armed forces serving on	1319
active duty who at the time of the spouse's application for	1320
assistance under any program described in division (A) of this	1321
section is listed pursuant to the "Act of September 6, 1966," 80	1322
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	1323
thereto, as having been in one or more of the following categories	1324
for a total of ninety or more days:	1325

(i) Missing in action;

1326

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

1327

(iii) Forcibly detained or interned in line of duty by a	1328
foreign government or power.	1329

(c) The spouse of any person who has a total disability	1330
permanent in nature resulting from a service-connected disability	1331
or the spouse of a veteran who died while such a disability was in	1332
existence.	1333

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

1334

(a) Any person who was a member of the armed forces of the	1335
United States for a period of one hundred eighty days or more or a	1336
person who was discharged or released from active duty because of	1337
a service-connected disability;	1338

(b) A person who served as a member of the United States	1339
merchant marine and to whom either of the following applies:	1340

(i) The person has an honorable report of separation from	1341
active duty military service, form DD214 or DD215.	1342

(ii) The person served in the United States merchant marine	1343
between December 7, 1941, and December 31, 1946, and died on	1344
active duty while serving in a war zone during that period of	1345
service.	1346

(7) "Armed forces of the United States" means the army, air	1347
force, navy, marine corps, coast guard, and any other military	1348
service branch that is designated by congress as a part of the	1349
armed forces of the United States.	1350

(8) "Employment program" means a program which provides	1351
referral of individuals to employer job openings in the federal,	1352
state, or private sector.	1353

(9) "Training program" means any program that upgrades the	1354
employability of qualified applicants.	1355

(10) "Entitlement program" means any program that enlists	1356
specific criteria in determining eligibility, including but not	1357
limited to the existence in special segments of the general	1358
population of specific financial needs.	1359

(11) "Targeted group" means a group of persons designated by	1360
federal law or regulations or by state law to receive special	1361
assistance under an employment and training program described in	1362
division (A) of this section.	1363

(12) "United States merchant marine" includes the United	1364
States army transport service and the United States naval	1365
transport service.	1366

Sec. 5911.07.  The armories erected by the state are for the	1367
use of the organized militia; but in each armory there shallmay	1368
be provided and maintained, except as provided in this section, a	1369
suitable room including heating, lighting, and janitor services,	1370
for the free use of thepatriotic and national organizations known	1371
as the women's relief corps, sons of veterans, sons of veterans'	1372
auxiliary, daughters of veterans, united Spanish war veterans,	1373
auxiliary united Spanish war veterans, veterans of foreign wars of	1374
the United States, veteran organizations of World War I and World	1375
War II, army and navy union of the United States, and honorably	1376
retired officers of the Ohio national guard, Ohio military	1377
reserve, and Ohio naval militiachartered under part B of subtitle	1378
II of Title 36 of the United States Code, unless such rooms are	1379
already provided by the erection of a county memorial building or	1380
otherwise by the state, or by the county, township, or municipal	1381
corporation. This section does not require a separate room to be	1382
maintained for each organization. The room provided in this	1383
section may be used for military training when not in actual use	1384
by one of the aforenamed organizations. This section applies only	1385
during the time that such armory is being used by an active	1386
military organization ora unit of the organized militia.	1387

Sec. 5923.12.  When ordered to state active duty by the	1388
governor, for which duty federal basic pay and allowances are not	1389
authorized, members of the organized militia of Ohio shall receive	1390
the same pay and allowances for each day's service as is provided	1391
for commissioned officers, warrant officers, noncommissioned	1392
officers, and enlisted personnel of like grade and longevity in	1393
the armed forces of the United States, together with the necessary	1394
transportation, housing, and subsistence allowances as prescribed	1395
by the United States department of defense pay manual, or an	1396
amount not less than seventy-five dollars per day as base pay for	1397
each day's duty performed, whichever is greater.	1398

When ordered by the governor to perform training or duty	1399
under this section or section 5919.29 of the Revised Code, members	1400
of the Ohio national guard shall have the protections afforded to	1401
persons on federal active duty by "The Soldiers and Sailors	1402
Servicemembers Civil Relief Act of 1940," 54117 Stat. 11782835,	1403
50 App. U.S.C.A. App. 501-548 and 560-591.	1404

Sec. 5924.01.  As used in Chapter 5924. of the Revised Code	1405
unless the context otherwise requires:	1406

(A) "Organized militia" means the Ohio national guard, the	1407
Ohio naval militia, and the Ohio military reserve.	1408

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

1409

(C) "Commissioned officer" includes a commissioned warrant	1410
officer.	1411

(D) "Commanding officer" includes only commissioned or	1412
warrant officers in command of a unit.	1413

(E) "Superior commissioned officer" means a commissioned	1414
officer superior in rank or command.	1415

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

1416

(G) "Grade" means a step or degree, in a graduated scale of	1417
office or military rank, that is established and designated as a	1418
grade by law or regulation.	1419

(H) "Rank" means the order of precedence among members of the	1420
armed forces.	1421

(I) "Active stateState active duty" means full-time duty in	1422
the active military service of the state under an ordera	1423
proclamation of the governor issued pursuant to authority vested	1424
in himthe governor by law, and while going to and returning from	1425
such duty.	1426

(J) "Duty status other than active state active duty" means	1427
any other types of duty and while going to and returning from such	1428
duty.	1429

(K) "Military court" means a court-martial, a court of	1430
inquiry, or a provost court.	1431

(L) "Military judge" means an official of a general or	1432
special court-martial who is a commissioned officer, who has been	1433
duly certified to be qualified for duty as a military judge by the	1434
state judge advocate, and who has been properly detailed in	1435
accordance with section 5924.26 of the Revised Code.	1436

(M) "Law specialist" means a commissioned officer of the	1437
organized naval militia of the state designated for special duty.	1438

(N) "Legal officer" means any commissioned officer of the	1439
organized naval militia of the state designated to perform legal	1440
duties for a command.	1441

(O) "State judge advocate" means the commissioned officer	1442
responsible for supervising the administration of the military	1443
justice in the organized militia.	1444

(P) "Accuser" means a person who reports an offense subject	1445
to trial by court-martial and who signs and swears to charges, any	1446
person who directs that charges nominally be signed and sworn to	1447
by another, andor any other person who has an interest other than	1448
an official interest in the prosecution of the accused.	1449

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

1450

(R) "Convening authority" includes, in addition to the person	1451
who convened the court, a commissioned officer commanding for the	1452
time being, or a successor in command.	1453

(S) "May" is used in a permissive sense. The words "no person	1454
may ............" mean that no person is required, authorized, or	1455
permitted to do the act prescribed.	1456

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

1457

(U) "Code" means the Ohio code of military justice, as set	1458
forth in Chapter 5924. of the Revised Code.	1459

(V) "Trial counsel" means the prosecuting attorney in a	1460
general or special court-martial.	1461

(W) "Detention facility" means any place that is owned or	1462
operated by a municipal corporation, by a county, or by one or	1463
more municipal corporations, counties, or both and that is used	1464
for the confinement of persons charged with or convicted of any	1465
crime in this state or another state or under the laws of the	1466
United States.	1467

(X) "Examiner" has the same meaning as in division (A)(2)(a)	1468
of section 2945.37 of the Revised Code.	1469

(Y) "Nonsecured status," "unsupervised, off-grounds	1470
movement," "trial visit," "conditional release," and "licensed	1471
clinical psychologist" have the same meanings as in section	1472
2945.37 of the Revised Code.	1473

Sec. 5924.02.  The following persons who are not in federal	1474
service are subject to this code:	1475

(A) Members of the organized militia, including Ohio national	1476
guard dual-status technicians during their normal duty hours;	1477

(B) Persons who have been placed on the state reserve list or	1478
the state retired list pursuant to section 5913.07 or 5919.13 of	1479
the Revised Code;	1480

(C) All other persons lawfully ordered to duty in or with the	1481
organized militia, from the dates they are required by the terms	1482
of the order or other directive to obey the sameorder or	1483
directive, including any time during which they are going to or	1484
returning from duty in the organized militia.	1485

Sec. 5924.03.  (A) Each person discharged from the organized	1486
militia who is later charged with having fraudulently obtained his	1487
the discharge is, subject to section 5924.43 of the Revised Code,	1488
subject to trial by court-martial on that charge and is, after	1489
apprehension, subject to this code while in the custody of the	1490
military for that trial. Upon conviction of that charge hethe	1491
person is subject to trial by court-martial for all offenses under	1492
this code committed before the fraudulent charge.	1493

(B) No person who has deserted from the organized militia may	1494
be relieved from amenability to the jurisdiction of this code by	1495
virtue of a separation from any later period of service.	1496

Sec. 5924.06.  (A) The governor, on the recommendation of the	1497
adjutant general, shall appoint an officer of the organized	1498
militiaOhio national guard as state judge advocate, who. The	1499
officer shall be a member in good standing of the bar of the	1500
supreme court of this state and shall have been a member of the	1501
bar of the state and a member of the organized militia for at	1502
least five yearsbe eligible to be recognized as a colonel under	1503
regulations prescribed by the national guard bureau.	1504

(B) The adjutant general mayshall appoint as many assistant	1505
state judge advocates as he shall deem necessary, which assistant	1506
state judgeand legal officers on the recommendation of the state	1507
judge advocate. Judge advocates and legal officers shall be	1508
officers of the organized militia and members in good standing of	1509
the bar of thethis state.	1510

(C) The state judge advocate or his assistantssubordinate	1511
judge advocates shall make frequent inspections in the field in	1512
supervision of the administration of military justice.	1513

(D) The provisions of section 109.02 of the Revised Code	1514
shall not be a restriction upon the appointment and duties as	1515
provided in this section.	1516

(E) Convening authorities shall at all times communicate	1517
directly with their staff judge advocates or legal officers in	1518
matters relating to the administration of military justice; and	1519
the. A staff judge advocate or legal officer of anya command is	1520
entitled to communicate directly with theany staff judge advocate	1521
or legal officer of a superior or subordinate command, or with the	1522
state judge advocate.	1523

(F)(E) No person who has acted as member, military judge,	1524
trial counsel, assistant trial counsel, defense counsel, assistant	1525
defense counsel, or investigating officer, or who has been a	1526
witness for either the prosecution or defense, in any case may	1527
later act as staff judge advocate or legal officer to any	1528
reviewing authority upon the same case.	1529

Sec. 5924.07.  (A) Apprehension is the taking of a person	1530
into custody.	1531

(B) Any person authorized by this code, or by regulations	1532
issued pursuant theretoto this code, to apprehend persons subject	1533
to this code, any marshal of a court-martial appointed pursuant to	1534
the provisions of this code, and any peace officer authorized to	1535
do so by law may do so upon reasonable belief that an offense has	1536
been committed and that the person apprehended committed it.	1537

(C) Commissioned officers, warrant officers, petty officers,	1538
and noncommissioned officers have authoritymay take reasonable	1539
action to quell quarrels, frays, and disorders among persons	1540
subject to this code and to apprehend persons subject to this code	1541
who take part therein.	1542

(D) A person subject to this code may be apprehended in the	1543
person's home, with the assistance of a local law enforcement	1544
agency, only upon probable cause to believe that the person is	1545
legally subject to apprehension and that the person is or will be	1546
present to be apprehended.	1547

Sec. 5924.08. Any civilA peace officer having authority to	1548
apprehend offenders under the laws of the United States, or of a	1549
state, territory, commonwealth, or possession, or the District of	1550
Columbia may summarily apprehend a deserter from the organized	1551
militia and deliver himthe deserter into the custody of the	1552
organized militia. If an offender is apprehended outside the	1553
state, his return to the area must be in accordance with normal	1554
extradition procedures, or reciprocal agreement.	1555

Sec. 5924.09.  (A) Arrest is the restraint of a person by an	1556
oral or written order, not imposed as a punishment for an offense,	1557
directing himthe person to remain within certain specified	1558
limits. Confinement is the physical restraint of a person that is	1559
imposed by order of competent authority and deprives the person of	1560
freedom pending disposition of criminal charges.	1561

(B) An enlisted member may be ordered into arrest or	1562
confinement by any commissionedcommanding officer by an order,	1563
oral or written, delivered in person or through other persons	1564
subject to this code or through any person authorized by this code	1565
to apprehend persons. A commanding officer may authorize warrant	1566
officers, petty officers, or noncommissioned officers to order	1567
enlisted members of histhe commanding officer's command or	1568
enlisted members subject to histhe commanding officer's authority	1569
into arrest or confinement.	1570

(C) A commissioned officer or a warrant officer may be	1571
ordered apprehended or into arrest or confinement only by a	1572
commanding officer to whose authority hethe commissioned officer	1573
or warrant officer is subject, by an order, oral or written,	1574
delivered in person or by another commissioned officer. The	1575
authority to order such persons apprehended or into arrest or	1576
confinement may not be delegated.	1577

(D) No person may be ordered apprehended or into arrest or	1578
confinement except for probable cause.	1579

(E) Nothing in this section shall be construed to limit the	1580
authority of persons authorized to apprehend offenders to secure	1581
the custody of an alleged offender until proper authority may be	1582
notified.	1583

Sec. 5924.10.  (A) Any person subject to this code charged	1584
with an offense under this code shall be ordered into arrest or	1585
confinement, as circumstances may require; but when charged only	1586
with an offense normally tried by a summary court-martial, such	1587
person shall not ordinarily be placed into confinement. When any	1588
person subject to this code is placed into arrest or confinement	1589
prior to trial, immediate steps shall be taken to inform himthe	1590
person shall be informed within seventy-two hours of the specific	1591
wrong of which hethe person is accused and to try him or to	1592
dismiss the charges and release himof the person's rights under	1593
this code.	1594

(B) Confinement other than in a guard house, whether before,	1595
during, or after trial by a military court, shall be executed, to	1596
the maximum extent practicable, in civil jails or prisons	1597
designated by the governor or by such person as he may authorize	1598
to actlike facilities. An order that an accused person be placed	1599
in pretrial confinement shall be reviewed by a military judge	1600
within seven days and if confirmed may be reviewed after that	1601
confirmation only on motion.	1602

Sec. 5924.11.  (A) No provost marshal, commander of a guard,	1603
master at arms, wardensheriff, keeper, or officer of a city or	1604
county jail or any other jail or prison designated under section	1605
5924.10 of the Revised Code,detention facility may refuse to	1606
receive or keep any prisoner committed to histhe sheriff's,	1607
keeper's, or officer's charge, when the committing person	1608
furnishes a statement, signed by himthe committing person, of the	1609
offense charged against the prisoner.	1610

(B) Every commander of a guard, master at armsA sheriff,	1611
warden, keeper, or officer of a city or county jail or of any	1612
other jail or prison designated under section 5924.10 of the	1613
Revised Code,detention facility to whose charge a prisoner is	1614
committed, shall, within twenty-four hours after that commitment	1615
or as soon as he is relieved from guard, report to the commanding	1616
officer of the prisoner the name of the prisoner, the offense	1617
charged against himthe prisoner, and the name of the person who	1618
ordered or authorized the commitment.	1619

Sec. 5924.13. Subject to section 5924.57 of the Revised	1620
Code, noNo person, while being held for or after trial or the	1621
result of trial, may be subjected to punishment or penalty other	1622
than arrest or confinement upon the charges pending against him,	1623
nor shall the person. The arrest or confinement imposed upon him	1624
the person shall not be any more rigorous than the circumstances	1625
require to insure histhe person's presence, but he. The person	1626
may be subjected to minor punishment during that period for	1627
infractions of discipline, and may be required to perform such	1628
labor as may be necessary for the policing and sanitation of his	1629
living quarters and messing facilities and the area immediately	1630
adjacent thereto.	1631

Sec. 5924.14.  (A) Under such regulations as may be	1632
prescribed under this code, a person on active state active duty	1633
subject to this codeor duty under Title 32 of the United States	1634
Code who is accused of an offense against civil authority may be	1635
delivered, upon request, to the civil authority for trailtrial.	1636

(B) When delivery under this section is made to any civil	1637
authority of a person undergoing sentence of a court-martial, the	1638
delivery, if followed by conviction in a civil tribunal,	1639
interrupts the execution of the sentence of the court-martial, and	1640
the offender after having answered to the civil authorities for	1641
histhe offender's offense shall, upon the request of competent	1642
military authority, be returned to military custody for the	1643
completion of histhe offender's sentence.	1644

Sec. 5924.15. (A) Under such regulations as the governor	1645
adjutant general may prescribe, and under such additional	1646
regulations as may be prescribed by the adjutant general of Ohio,	1647
limitations may be placed on the powers granted by this section	1648
with respect to the kind and amount of punishment authorized, the	1649
categories of commanding officers and warrant officers exercising	1650
command authorized to exercise those powers, the applicability of	1651
this section to an accused who demands trial by court-martial, and	1652
the kinds of courts-martial to which the case may be referred upon	1653
such a demand. However, except in the case of a member attached	1654
to, or embarked in a vessel, punishment may not be imposed upon	1655
any person subject to this code under this sectiona member of the	1656
organized militia if such personthe member has, before the	1657
imposition of suchthe punishment, demanded trial by court-martial	1658
in lieu of suchthe punishment. Under similar regulations, rules	1659
may be prescribed with respect to the suspension of punishments	1660
authorized hereunderunder this section. If authorized by	1661
regulations prescribed under this section, the governor or a	1662
general officer or officer of flag rank in command may delegate	1663
the powers of the governor or general officer under this section	1664
to a principal assistant. In all proceedings, the accused shall be	1665
allowed a reasonable period of time, normally not exceeding	1666
forty-eight hours, to reply to the notification of intent to	1667
impose punishment under this section.	1668

(B) Subject to the foregoingdivision (A) of this section,	1669
any commanding officer, and for the purposes of this section the	1670
adjutant general of Ohio, may, in addition to or in lieu of	1671
admonition or reprimand, impose one or more of the following	1672
disciplinary punishments for minor offenses without the	1673
intervention of a court-martial:	1674

(A)(1) Upon officers of the commanding officer's command, any	1675
of the following:	1676

(1)(a) Restriction to certain specified limits, with or	1677
without suspension from duty, for not more than thirty consecutive	1678
days;	1679

(2)(b) If imposed by the governor, the adjutant general, the	1680
commandingan officer of a force of the organized militia	1681
exercising general court-martial jurisdiction, a general officer,	1682
or the commanding general of a divisionflag officer, any of the	1683
following:	1684

(a)(i) Arrest in quarters for not more than thirty	1685
consecutive days;	1686

(b) Fine or forfeiture(ii) Forfeiture of not more than	1687
one-half of one month's pay per month for two months, or the suma	1688
fine of onenot more than two hundred fifty dollars, whichever is	1689
greater;	1690

(c)(iii) Restriction to certain specified limits, with or	1691
without suspension from duty, for not more than sixty consecutive	1692
days;	1693

(d) Detention of not more than one-half of one month's pay	1694
per month for three months, or the sum of two hundred twenty-five	1695
dollars, whichever is greater.	1696

(B)(2) Upon other military personnel of the commanding	1697
officer's command, any of the following:	1698

(1) If imposed upon a person attached to or embarked in a	1699
vessel, confinement on bread and water or diminished rations for	1700
not more than three consecutive days;	1701

(2)(a) Correctional custody for not more than seven	1702
consecutive days;	1703

(3) Fine or forfeiture(b) Forfeiture of not more than seven	1704
days' pay, or the sum of twenty-five dollars, whichever is greater	1705
a fine of not more than one-quarter of one month's actual pay;	1706

(4)(c) Reduction to the next inferior pay grade, if the grade	1707
from which the service member demoted is within the promotion	1708
authority of the officer imposing the reduction or any officer	1709
subordinate to the one who imposes the reduction;	1710

(5)(d) Extra duties, including fatigue or other duties, for	1711
not more than fourteen consecutive days or for a total of thirty	1712
nonconsecutive days;	1713

(6)(e) Restriction to certain specified limits, with or	1714
without suspension from duty, for not more than fourteen	1715
consecutive days;	1716

(7) Detention of not more than fourteen days' pay, or the sum	1717
of fifty dollars, whichever is greater;	1718

(8)(f) If imposed by an officer of the grade of major or	1719
lieutenant commander, or above., any of the following:	1720

(a)(i) The punishment authorized under division (B)(1)(2)(a)	1721
of this section;	1722

(b)(ii) Correctional custody for not more than thirty	1723
consecutive days;	1724

(c) Fine or forfeiture(iii) Forfeiture of not more than	1725
one-half of one month's pay per month for two months, or the sum	1726
of fifty dollars, whichever is greatera fine of not more than	1727
one-half of one month's actual pay for two months;	1728

(d)(iv) Reduction to the lowest or any intermediate pay	1729
grade, if the grade from which demoted is within the promotion	1730
authority of the officer imposing the reduction or any officer	1731
subordinate to the one who imposes the reduction, but an enlisted	1732
member in pay grade above E-4 may not be reduced more than two	1733
one pay gradesgrade;	1734

(e)(v) Extra duties, including fatigue or other duties, for	1735
not more than forty-five consecutive days, which need not be	1736
consecutive, and for not more than two hours per day;	1737

(f)(vi) Restriction to certain specified limits, with or	1738
without suspension from duty, for not more than sixty consecutive	1739
days, which need not be consecutive;	1740

(g) Detention of not more than one-half of one month's pay	1741
per month for three months, or the sum of seventy-five dollars,	1742
whichever is greater.	1743

Detention of pay shall be for a stated period of not more	1744
than one year, but if the offender's term of service expires	1745
earlier, the detention shall terminate upon that expiration. No	1746
two or more of the punishments of arrest in quarters, confinement	1747
on bread and water or diminished rations, correctional custody,	1748
extra duties, and restriction may be combined to run consecutively	1749
in the maximum amount imposable for each. Whenever any of those	1750
punishments are combined to run consecutively, there must be an	1751
apportionment. In addition, forfeiture of pay may not be combined	1752
with detention of pay without an apportionment. For the purposes	1753
of this section "correctional custody" is the physical restraint	1754
of a person during duty or nonduty hours and may include extra	1755
duties, fatigue duties, or hard labor. If practicable,	1756
correctional custody will not be served in immediate association	1757
with persons awaiting trial or held in confinement pursuant to	1758
trial by court-martial or civilian court.	1759

(C) No two or more of the punishments of arrest in quarters,	1760
correctional custody, extra duties, and restriction may be	1761
combined to run consecutively in the maximum amount imposable for	1762
each. If any of those punishments are combined to run	1763
consecutively, there must be apportionment. For the purposes of	1764
this section, "correctional custody" means the physical restraint	1765
of a person during duty or nonduty hours and may include extra	1766
duties, fatigue duties, or hard labor.	1767

(D) An officer in charge may impose upon enlisted members	1768
assigned to the unit of which the officer is in charge suchany of	1769
the punishments authorized under divisions (B)(1)(A)(2)(a) to	1770
(B)(7)(f) of this section, asthat the governor or adjutant	1771
general may specifically prescribe by regulation.	1772

(D)(E) The officer who imposes the punishment authorized in	1773
divisions (A) ordivision (B) of this section, or the officer's	1774
successor in command, may, at any time, suspend probationally any	1775
part or amount of the unexecuted punishment imposed and may	1776
suspend probationally a reduction in grade or a forfeiture or fine	1777
imposed under divisions (A) ordivision (B) of this section,	1778
whether or not executed. In addition, the officer who imposed the	1779
punishment may, at any time, remit or mitigate any part or amount	1780
of the unexecuted punishment imposed and may set aside in whole or	1781
in part the punishment, whether executed or unexecuted, and	1782
restore all rights, privileges, and property affected. The officer	1783
who imposed the punishment may also mitigate reduction in grade to	1784
forfeiture or detention of pay or a fine. When mitigating:	1785

(1) Arrestarrest in quarters to restriction;

1786

(2) Confinement on bread and water or diminished rations to	1787
correctional custody;	1788

(3) Correctional custody or confinement on bread and water or	1789
diminished rations to extra duties or restriction, or both; or	1790

(4) Extraextra duties to restriction;

1791

the, the mitigated punishment shall not be for a greater period	1792
than the punishment mitigated. When mitigating forfeiture of pay	1793
to detention of pay, the amount of the detention shall not be	1794
greater than the amount of the forfeiture. When mitigating	1795
reduction in grade to fine or forfeiture or detention of pay, the	1796
amount of the fine or forfeiture or detention shall not be greater	1797
than the amount that could have been imposed initially under this	1798
section by the officer who imposed the punishment mitigated.	1799

(E)(F) A person punished under this section who considers the	1800
punishment unjust or disproportionate to the offense may, through	1801
the proper channel, appeal to the next superior authority within	1802
seven calendar days. The appeal shall be promptly forwarded and	1803
decided, but the person punished may in the meantime be required	1804
to undergo the punishment adjudged. The superior authority may	1805
exercise the same powers with respect to the punishment imposed as	1806
may be exercised under division (D)(E) of this section by the	1807
officer who imposed the punishment. Before acting on an appeal	1808
from a punishment of:	1809

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

1810

(2) Correctional custody for more than seven days;

1811

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

1812

(4) Reduction of one or more pay grades from the fourth or a	1813
higher pay grade;	1814

(5) Extra duties for more than fourteen days;

1815

(6) Restriction for more than fourteen days; or

1816

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

1817

any of the following, the authority who is to act on the appeal	1818
shall refer the case to a judge advocate or legal officer of the	1819
Ohio organized militia for consideration and advice, and may so	1820
also refer the case upon appeal from any punishment imposed under	1821
divisions (A) or division (B) of this section:	1822

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

1823

(2) Correctional custody for more than seven days;

1824

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

1825

(4) Reduction of one or more pay grades from the fourth or a	1826
higher pay grade;	1827

(5) Extra duties for more than fourteen days.

1828

(F)(G) The imposition and enforcement of disciplinary	1829
punishment under this section for any act or omission is not a bar	1830
to trial by court-martial for a serious crime or offense growing	1831
out of the same act or omission, and not properly punishable under	1832
this section; but the. The fact that a disciplinary punishment has	1833
been enforced may be shown by the accused upon trial, and, when so	1834
shown, shall be considered in determining the measure of	1835
punishment to be adjudged in the event of a finding of guilty.	1836

(G)(H) The governor or the adjutant general may, by	1837
regulation, prescribe the form of records to be kept of	1838
proceedings under this section and may also prescribe that certain	1839
categories of those proceedings shall be in writing.	1840

(H) The punishments imposed pursuant to this section, except	1841
fine and forfeiture of pay, shall not extend beyond the	1842
termination of the duty status of the individual punished.	1843

(I) A commanding officer may delegate authority to make a	1844
reduction in pay grade under division (B)(2)(c) of this section to	1845
the commanding officer's executive officer, deputy commander, vice	1846
commander, or principal assistant.	1847

Sec. 5924.16.  (A) In the organized militia not in federal	1848
service, there are general, special, and summary courts-martial	1849
constituted like similar courts of the army and the air force.	1850
They have the jurisdiction and powers, except as to punishments,	1851
and shall follow the forms and procedures provided for those	1852
courts. General and special courts-martial are courts of record	1853
with original jurisdiction.	1854

(B) The constitutions of the three kinds of courts-martial	1855
are:	1856

(1) General courts-martial, consistingA general	1857
court-martial consists of one of the following:	1858

(A)(1) A military judge and not lessfewer than five members;	1859
or	1860

(B)(2) Only a military judge, if, before the court is	1861
assembled, the accused, knowing the identity of the military judge	1862
and after consultation with defense counsel, requests in writing a	1863
court composed only of a military judge and the military judge	1864
approves;	1865

(2) Special courts-martial, consisting.

1866

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

1867

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

1868

(B)(2) A military judge and not lessfewer than three	1869
members; or	1870

(C)(3) Only a military judge, if one has been detailed to the	1871
court, and the accused so requests in writing under the same	1872
conditions as those prescribed in division (B)(1)(b) of this	1873
section;	1874

(3) Summary courts-martial, consistingbefore the court is	1875
assembled the accused, knowing the identity of the military judge	1876
and after consultation with defense counsel, requests in writing a	1877
court composed only of a military judge and the military judge	1878
approves.	1879

(D) A summary court-martial consists of one commissioned	1880
officer in the grade of captain or above.	1881

Sec. 5924.17. Each force of the organized militiaThe Ohio	1882
national guard has court-martial jurisdiction over all persons	1883
subject to this code. The exercise of jurisdiction by one force	1884
the Ohio national guard over personnel of another forceelement of	1885
the organized militia shall be in accordance with regulations	1886
prescribed by the governoradjutant general.	1887

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1888
Code, general courts-martial have jurisdiction to try persons	1889
subject to this code for any offense made punishable by this code	1890
and may, under suchany limitations asthat the governor may	1891
prescribe, adjudge any punishment not forbidden by this code,	1892
including the penalty of death when specifically authorized by	1893
this code. General courts-martial also have jurisdiction to try	1894
any person who by the law of war is subject to trial by a military	1895
tribunal and may adjudge any punishment permitted by the law of	1896
war. A general court-martial of the kind specified in division	1897
(B)(1)(b) of section 5924.16 of the Revised Code does not have	1898
jurisdiction to try any person for any offense for which the death	1899
penalty may be adjudged unless the case has been previously	1900
referred to trial as a noncapital caseof the following	1901
punishments:	1902

(1) A fine of not more than two thousand five hundred dollars	1903
or confinement for not more than three hundred sixty-five days;	1904

(2) Forfeiture of all pay and allowances;

1905

(3) Reprimand;

1906

(4) Dismissal and dishonorable discharge or a bad conduct	1907
discharge;	1908

(5) Reduction of a noncommissioned officer to the lowest or	1909
any intermediate rank;	1910

(6) Any combination of the foregoing punishments.

1911

(B) A general court-martial may not adjudge dismissal or	1912
dishonorable discharge unless a complete record of the proceedings	1913
and testimony is made, counsel having the qualifications	1914
prescribed under division (B) of section 5924.27 of the Revised	1915
Code is detailed to represent the accused, and a military judge is	1916
detailed to the trial.	1917

Sec. 5924.19.  Subject to section 5924.17 of the Revised	1918
Code, special courts-martial shall have jurisdiction to try	1919
persons subject to this code for any non-capital offense for which	1920
they may be punished under this code. A special court-martial may	1921
adjudge any punishment a general court-martial may adjudge, except	1922
death, dishonorable discharge, dismissal, confinement forthat a	1923
special court-martial may not impose a fine of more than six	1924
months, hard labor withoutone thousand dollars, confinement for	1925
more than three months, forfeiture of pay exceeding two-thirds pay	1926
per month, or forfeiture of pay for more than six monthsone	1927
hundred eighty days for a single offense, or dismissal or	1928
dishonorable discharge. A bad-conduct dischargespecial	1929
court-martial may not be adjudgedadjudge a bad-conduct discharge	1930
unless a complete record of the proceedings and testimony has been	1931
is made, counsel having the qualifications prescribed under	1932
division (B) of section 5924.27 of the Revised Code wasis	1933
detailed to represent the accused, and a military judge wasis	1934
detailed to the trial. In any case in which a military judge was	1935
not detailed to the trial, except when due to physical conditions	1936
or military exigencies, the convening authority shall make a	1937
written statement, to be appended to the record, stating the	1938
reason or reasons a military judge could not be detailed.	1939

Sec. 5924.20.  (A) Subject to section 5924.17 of the Revised	1940
Code, summary courts-martial have jurisdiction to try persons	1941
subject to this code, except officers and warrant officers, for	1942
any offense made punishable by this code.	1943

(B) No person with respect to whom summary courts-martial	1944
have jurisdiction may be brought to trial before a summary	1945
court-martial if hethe person objects theretoto being brought to	1946
trial before a summary court-martial. If objection to trial by	1947
summary court-martial is made by an accused, trial may be ordered	1948
by special or general court-martial, as may be appropriate.	1949

(C) Summary courts-martial may, under such limitations as the	1950
governor may prescribe, adjudge punishment of a fine not forbidden	1951
by this code, except death, dismissal, dishonorable or bad conduct	1952
discharge,exceeding five hundred dollars, confinement for not	1953
more than one month, hard labor without confinement for more than	1954
forty-five days, restriction to specified limits for more than two	1955
months, orthirty days, forfeiture of not more than two-thirds of	1956
one month's pay, and reduction to the lowest or any intermediate	1957
pay grade. For enlisted members in pay grade above E-4, summary	1958
courts-martial may not adjudge confinement or reduction except to	1959
the next inferior pay grade.	1960

Sec. 5924.21. The provisions of this code that confer	1961
jurisdiction on courts-martial do not deprive military	1962
commissions, provost courts, other military tribunals, or state or	1963
federal courts of concurrent jurisdiction with respect to	1964
offenders or offenses that by statute or by the law of war may be	1965
tried by military commissions, provost courts, other military	1966
tribunals, or state or federal courts.	1967

Sec. 5924.22.  In the organized militia not in federal	1968
service, the governor, adjutant general, assistant adjutant	1969
general for army, or assistant adjutant general for air may	1970
convene general courts-martial may be convened by the governor.	1971

Sec. 5924.23.  In the organized militia not in federal	1972
service, the commanding officer of a garrison, fort, post, camp,	1973
air base, auxiliary air base, or other place where troops are on	1974
duty, or of a division, brigade, regiment, battle group, wing,	1975
group, detached battalion, separate squadron, or other detached	1976
command,any commander authorized by regulation in the grade of	1977
colonel or a higher grade may convene special courts-martial.	1978
Special courts-martial may also be convened by superior authority.	1979
When any such officer is an accuser, the court shall be convened	1980
by superior competent authority.	1981

Sec. 5924.24. (A) In the organized militia not in federal	1982
service, the commanding officer of a garrison, fort, post, camp,	1983
air base, auxiliary air base, or other place where troops are on	1984
duty, or of a division, brigade, regiment, battle group, wing,	1985
group, detached battalion, detached squadron, detached company, or	1986
other detachment,any commander authorized by regulation in the	1987
grade of lieutenant colonel or a higher grade may convene a	1988
summary court-martial consisting of one commissioned officer. The	1989
proceedings shall be informal.	1990

(B) When only one commissioned officer is present with a	1991
command or detachment he shall be the summary court-martial of	1992
that command or detachment and shall hear and determine all	1993
summary court-martial cases brought before him. Summary	1994
courts-martial may, however, be convened in any case by superior	1995
competent authority when considered desirable by him.	1996

Sec. 5924.25.  (A) Any commissioned officer of or onin a	1997
duty with the organized militiastatus is eligible to serve on all	1998
courts-martial for the trial of any person who may lawfully be	1999
brought before such courts for trailtrial.	2000

(B) Any warrant officer of or onin a duty with the organized	2001
militiastatus is eligible to serve on general and special	2002
courts-martial for the trial of any person, other than a	2003
commissioned officer, who may lawfully be brought before such	2004
courts for trailtrial.	2005

(C)(1) Any enlisted member of the organized militia in a duty	2006
status who is not a member of the same unit as the accused is	2007
eligible to serve on general and special courts-martial for the	2008
trial of any enlisted member of the organized militia who may	2009
lawfully be brought before such courts for trial, but he shall	2010
serve as a member of a court only if, before the conclusion of a	2011
session called by the military judge under division (A) of section	2012
5924.39 of the Revised Code or, in the absence of such a session	2013
called by the military judge, before the court is assembled for	2014
the trial of the accused, the accused personally has requested in	2015
writing that enlisted members serve on it. After such a request,	2016
the accused may not be tried by a general or special	2017
court-martial, the membership of which does not include enlisted	2018
members in a number comprising at least one-third of the total	2019
membership of the court, unless eligible members cannot be	2020
obtained on account of physical conditions or military exigencies.	2021
If suchenough enlisted members cannot be obtained, the court may	2022
be assembled and trial held without them, but the convening	2023
authority shall make a detailed written statement, to be appended	2024
to the record, stating why they could not be obtained.	2025

(2) InAs used in division (C) of this section, the word	2026
"unit" means any regularly organized body of the organized militia	2027
not larger than a company, a squadron, a division of the naval	2028
militia, or a body corresponding to one of them.	2029

(D)(1) WhenIf it can be avoided, noa person subject to this	2030
code shall not be tried by a court-martial, any member of which is	2031
junior to himthe person in rank or grade.	2032

(2) When convening a court-martial, the convening authority	2033
shall detail as members thereof suchof the court-martial members	2034
asof the organized militia who, in histhe convening authority's	2035
opinion, are best qualified for the duty by reason of age,	2036
education, training, experience, length of service, and judicial	2037
temperament. No member of the organized militia is eligible to	2038
serve as a member of a general or special court-martial when heif	2039
the member of the organized militia is the accuser or a witness	2040
for the prosecution or has acted as investigating officer or as	2041
counsel in the same case. If within the command of the convening	2042
authority there is present and not otherwise disqualified a	2043
commissioned officer who is a member of the bar of the state and	2044
of appropriate rank, the convening authority shall appoint him as	2045
president of a special court-martial. Although this requirement is	2046
binding on the convening authority, failure to meet it in any case	2047
does not divest a military court of jurisdiction.	2048

Sec. 5924.26.  (A) The authority convening aA military judge	2049
shall be detailed to each general court-martial shall, and,	2050
subject to regulations promulgated by the governor, the authority	2051
convening aand special court-martial may, detail a. A military	2052
judge toshall preside over each open session of the court-martial	2053
to which the judge has been detailed.	2054

(B) A military judge shall be a commissioned officer of the	2055
organized militia who is a member in good standing of the bar of	2056
this state, or a member of the bar of a federal court, and who is	2057
certified to be qualified for such duty as a military judge by the	2058
state judge advocate.	2059

(C) The military judge of a general or special court-martial	2060
shall be designated by the state judge advocate or his designee	2061
for detail by the convening authority. Unless the court-martial	2062
was convened by the governor or the adjutant general, neither the	2063
convening authority nor histhe convening authority's staff, other	2064
than the state judge advocate or deputy state judge advocate,	2065
shall prepare or review any report concerning the effectiveness,	2066
fitness, or efficiency of the military judge so detailed which	2067
relates to hisjudge's performance of duty as a military judge. A	2068
commissioned officer who is certified as a military judge of a	2069
general court-martial may perform duties other than those relating	2070
to his being a military judge of a general court-martial when such	2071
duties are assigned to him by or with the approval of the state	2072
judge advocate or his designee.	2073

(D) No person is eligible to act as a military judge in a	2074
case if hethe person is the accuser, is a witness for the	2075
prosecution, has acted as investigating officer, or is a counsel	2076
in the same case.	2077

(E) The military judge of a court-martial may not consult	2078
with the members of the court, except in the presence of the	2079
accused, trial counsel, and defense counsel, nor may hethe	2080
military judge vote with the members of the court.	2081

(F) A trial counsel, defense counsel, military judge, legal	2082
officer, summary court officer, or any other person from any one	2083
component of the organized militia certified by the state judge	2084
advocate to perform legal functions under this code may perform	2085
those functions, as needed, for any other component of the	2086
organized militia.	2087

Sec. 5924.27.  (A) For each general and special court-martial	2088
the authority convening the courtThe state judge advocate shall	2089
detail trial counsel and, defense counsel, and such assistants as	2090
hethat the state judge advocate considers appropriate. No person	2091
who has acted as investigating officer, military judge, or court	2092
member in any case may act later as trial counsel, assistant trial	2093
counsel, or, unless expressly requested by the accused, as defense	2094
counsel, or assistant defense counsel in the same case. No person	2095
who has acted for the prosecution may act later in the same case	2096
for the defense, nor may any person who has acted for the defense	2097
act later in the same case for the prosecution.	2098

(B) Trial counsel or defense counsel detailed for a general	2099
court-martial must be both of the following:	2100

(1) Must be a person who is aA member in good standing of	2101
the bar of the highest court of this state, or a member of the bar	2102
of a federal court, or a law specialist; and	2103

(2) Must be certifiedCertified as competent to perform such	2104
the duties of trial counsel or defense counsel in a general	2105
court-martial by the state judge advocate.	2106

(C) In the case of a special court-martial, the accused shall	2107
be afforded the opportunity to be represented at the trial by	2108
counsel having the qualifications prescribed by division (B) of	2109
this section. If counsel having such qualifications cannot be	2110
obtained because of physical conditions or military exigencies,	2111
the court may be convened and the trial held, but the convening	2112
authority shall make a detailed written statement explaining the	2113
reasons, which shall be appended to the record.	2114

Sec. 5924.28.  Under such regulations as the governor	2115
adjutant general may prescribe, the convening authority of a	2116
general or special court-martial or court of inquiry shall detail	2117
or employ qualified court reporters, who shall record the	2118
proceedings of and testimony taken before that court. Under like	2119
regulations the convening authority of a military court, and may	2120
detail or employ interpreters, who shall interpret for the court.	2121

Sec. 5924.29.  (A) No member of a general or special	2122
court-martial shall be absent or excused after the court has been	2123
assembled for the trial of the accused except for physical	2124
disability, as a result of a challenge, or by order of the	2125
convening authority for good cause.	2126

(B) Whenever a general court-martial, other than a general	2127
court-martial composed of a military judge only, is reduced below	2128
five members, the trial may not proceed unless the convening	2129
authority details new members sufficient in number to provide not	2130
lessfewer than five members. When the new members have been	2131
sworn, the trial may proceed with the new members present after	2132
the recorded evidence previously introduced before the members of	2133
the court has been read to the court in the presence of the	2134
military judge, the accused, and counsel for both sides.	2135

(C) Whenever a special court-martial, other than a special	2136
court-martial composed of a military judge only, is reduced below	2137
three members, the trial may not proceed unless the convening	2138
authority details new members sufficient in number to provide not	2139
lessfewer than three members. When the new members have been	2140
sworn, the trial shall proceed with the new members present as if	2141
no evidence had previously been introduced at the trial, unless a	2142
verbatim record of the evidence previously introduced before the	2143
members of the court or a stipulation thereof is read to the court	2144
in the presence of the military judge, if any, the accused, and	2145
counsel for both sides.	2146

(D) If the military judge of a court-martial composed of a	2147
military judge only is unable to proceed with the trial because of	2148
physical disability, as a result of a challenge, or for other good	2149
cause, the trial shall proceed, subject to any applicable	2150
conditions of division (B)(1)(b) or division (B)(2)(c) of section	2151
5924.16 of the Revised Code, after the detail of a new military	2152
judge as if no evidence had previously been introduced, unless a	2153
verbatim record of the evidence previously introduced or a	2154
stipulation thereof is read in court in the presence of the new	2155
military judge, the accused, and counsel for both sides.	2156

Sec. 5924.30.  (A) Charges and specifications shall be signed	2157
by a person subject to this code under oath before a person	2158
commissioned officer of the organized militia authorized by this	2159
code to administer oaths and shall state both of the following:	2160

(1) That the signer has personal knowledge of, or has	2161
investigated, the matters set forth thereinin the charges and	2162
specifications; and	2163

(2) That theythose matters are true in fact to the best of	2164
histhe person's knowledge and belief.	2165

(B) Upon the preferring of charges, the proper authority	2166
shall take immediate steps to determine whatthe disposition that	2167
should be made thereofof the charges in the interest of justice	2168
and discipline, and the person accused shall be informed of the	2169
charges against him as soon as practicable.	2170

Sec. 5924.31.  (A) No person subject to this code may compel	2171
any other person to incriminate himselfthe other person or to	2172
answer any question, the answer to which may tend to incriminate	2173
himthe other person.	2174

(B) No person subject to this code may interrogate, or	2175
request any statement from an accused or a person suspected of an	2176
offense, without first informing himthe accused or person	2177
suspected of the nature of the accusation and advising himthe	2178
accused or person suspected that hethe accused or person	2179
suspected does not have to make any statement regarding the	2180
offense of which hethe accused or person suspected is accused or	2181
suspected and that any statement made by himthe accused or person	2182
suspected may be used as evidence against himthe accused or	2183
person suspected in a trial by court-martial.	2184

(C) No person subject to this code may compel any other	2185
person to make a statement or produce evidence before any military	2186
tribunalcourt-martial if the statement or evidence is not	2187
material to the issue and may tend to degrade himthe other	2188
person.	2189

(D) No statement obtained from any person in violation of	2190
this section, or through the use of coercion, unlawful influence,	2191
or unlawful inducement may be received in evidence against himthe	2192
person in a trial by court-martial.	2193

Sec. 5924.32.  (A) No charge or specification may be referred	2194
to a general court-martial for trial until a thorough and	2195
impartial investigation of all the matters set forth thereinin	2196
the charge or specification has been made. This investigation	2197
shall include inquiry as to the truth of the matter set forth in	2198
the charges, consideration of the form of charges, and a	2199
recommendation as to the disposition whichthat should be made of	2200
the case in the interest of justice and discipline.	2201

(B) The accused shall be advised of the charges against him	2202
the accused and of histhe accused's right to be represented at	2203
that investigation by counsel. Upon histhe accused's own request	2204
he, the accused shall be represented by civilian counsel if	2205
provided by himthe accused at the accused's own cost, or by	2206
military counsel of histhe accused's own selection if such	2207
counsel is reasonably available, or by counsel detailed by the	2208
officer exercising general court-martial jurisdiction over the	2209
command. At that investigation full opportunity shall be given to	2210
the accused to cross-examine witnesses against himthe accused if	2211
they are available and to present anything hethe accused may	2212
desire in histhe accused's own behalf, either in defense or	2213
mitigation, and the investigating officer shall examine reasonably	2214
available witnesses requested by the accused. If the charges are	2215
forwarded after the investigation, they shall be accompanied by a	2216
statement of the substance of the testimony taken on both sides,	2217
and a copy thereofof that statement shall be given to the	2218
accused.	2219

(C) If an investigation of the subject matter of an offense	2220
has been conducted before the accused is charged with the offense,	2221
and if the accused was present at the investigation and afforded	2222
the opportunities for representation, cross-examination, and	2223
presentation prescribed in division (B) of this section, no	2224
further investigation of that charge is necessary under this	2225
section unless it is demanded by the accused after hethe accused	2226
is informed of the charge. A demand for further investigation	2227
entitles the accused to recall witnesses for further	2228
cross-examination and to offer any new evidence in histhe	2229
accused's own behalf.	2230

(D) The requirements of this section are binding on all	2231
persons administering this code but failure to follow them does	2232
not divest a military court of jurisdiction.	2233

Sec. 5924.33.  When a person is held for trial by general	2234
court-martial, the commanding officer shall, within eight daysnot	2235
later than the eighth day after the accused is ordered into arrest	2236
or confinement, if practicable, forward the charges, together with	2237
the investigation and allied papers, to the governorgeneral	2238
court-martial convening authority. If that is not practicable, he	2239
the commanding officer shall report in writing to the governor	2240
convening authority the reasons for delay.	2241

Sec. 5924.34.  (A) Before directing the trial of any charge	2243
by general court-martial, the convening authority shall refer it	2244
to the stateconvening authority's staff judge advocate or legal	2245
officer for consideration and advice. The convening authority may	2246
not refer a charge to a general court-martial for trial unless he	2247
the convening authority has found that the charge alleges an	2248
offense under this code and is warranted by evidence indicated in	2249
the report of the investigation.	2250

(B) If the charges or specifications are not formally correct	2251
or do not conform to the substance of the evidence contained in	2252
the report of the investigating officer, formal corrections and	2253
such changes in the charges and specifications as are needed to	2254
make them conform to the evidence may be made.	2255

Sec. 5924.35.  The trial counsel to whom court-martial	2256
charges are referred for trial shall cause to be served upon the	2257
accused a copy of the charges upon which trial is to be had. In	2258
Except in time of peacedeclared war, no person may, against his	2259
the person's objection, be brought to trial or be required to	2260
participate by himselfalone or with counsel in a session called	2261
by the military judge under division (A) of section 5924.39 of the	2262
Revised Code, in a general or special court-martial case within a	2263
period of five daystwenty-four hours after the service of charges	2264
upon him, or in a special court-martial within a period of three	2265
days after the service of the charges upon himthe person.	2266

Sec. 5924.36.  The procedure, including modes of proof, in	2267
cases before military courts and other military tribunals may be	2268
prescribed by the governoradjutant general by regulations, which	2269
that shall, so far as hethe adjutant general considers	2270
practicable, apply the principles of law and the rules of evidence	2271
generally recognized in the trial of criminal cases in the courts	2272
of thethis state, but whichthat may not be contrary to or	2273
inconsistent with this code.	2274

Sec. 5924.37.  (A) No authority convening a general, special,	2275
or summary court-martial, nor any other commanding officer, or	2276
officer serving on the staff thereof,of a convening authority or	2277
other commanding officer may censure, reprimand, or admonish the	2278
court or any member, military judge, or counsel thereofof the	2279
court, with respect to the findings or sentence adjudged by the	2280
court, or with respect to any other exercise of its or histhe	2281
member's, military judge's, or counsel's functions in the conduct	2282
of the proceeding. No person subject to this code may attempt to	2283
coerce or, by any unauthorized means, influence the action of the	2284
court-martial or any other military tribunal or any member thereof	2285
of the court-martial or military tribunal in reaching the findings	2286
or sentence in any case, or the action of any convening,	2287
approving, or reviewing authority with respect to histhe	2288
authority's judicial acts. This division does not apply to:	2289

(1) General instructional or informational courses in	2290
military justice, if such courses are designed solely for the	2291
purpose of instructing members of a command in the substantive and	2292
procedural aspects of courts-martial;	2293

(2) Statements and instructions given in open court by the	2294
military judge, the president of a special court-martial, or	2295
counsel.	2296

(B) In the preparation of an effectiveness,a fitness, or	2297
efficiencyevaluation, or performance report, or any other report	2298
or document used in whole or in part for the purpose of	2299
determining whether a member of the organized militia is qualified	2300
to be advanced in grade, or in determining the assignment or	2301
transfer of a member of the organized militia, or in determining	2302
whether a member of the organized militia should be retained in an	2303
active statuson duty, no person subject to this code may, in	2304
preparing any such reportdo either of the following:	2305

(1) Consider or evaluate the performance of duty of any such	2306
the member as a member of a court-martial;	2307

(2) Give a less favorable rating or evaluation of any member	2308
of the organized militia because of the zeal with which suchthe	2309
member, as counsel, represented any accused before a	2310
court-martial.	2311

Sec. 5924.38.  (A) The trial counsel of a general or special	2312
court-martial shall prosecute in the name of the state, and shall,	2313
under the direction of the court, prepare the record of the	2314
proceedings.	2315

(B) The accused has the right to be represented in histhe	2316
accused's defense before a general or special court-martial by	2317
civilian counsel if provided by himthe accused at the accused's	2318
own cost, or by military counsel of histhe accused's own	2319
selection if reasonably available, or by thedetailed military	2320
defense counsel detailed under section 5924.27 of the Revised	2321
Code. Should the accused have civilian counsel of histhe	2322
accused's own selection, the defense counsel, and any assistant	2323
defense counsel, if any, who were detailed, shall, if the accused	2324
so desires, act as histhe accused's associate counsel; otherwise	2325
they shall be excused by the military judge or by the president of	2326
a court-martial without a military judge.	2327

(C) In every court-martial proceeding, the defense counsel	2328
may, in the event of conviction, forward for attachment to the	2329
record of proceedings a brief of such matters as hethe defense	2330
counsel feels should be considered in behalf of the accused on	2331
review, including any objection to the contents of the record	2332
which hethe defense counsel considers appropriate.	2333

(D) An assistant trial counsel of a general court-martial	2334
may, under the direction of the trial counsel or when hethe	2335
assistant trial counsel is qualified to be a trial counsel as	2336
required by section 5924.27 of the Revised Code, perform any duty	2337
imposed by law, regulation, or the custom of the service upon the	2338
trial counsel of the court. An assistant trial counsel of a	2339
special court-martial may perform any duty of the trial counsel.	2340

(E) An assistant defense counsel of a general or special	2341
court-martial may, under the direction of the defense counsel or	2342
when hethe assistant defense counsel is qualified to be the	2343
defense counsel as required by section 5924.27 of the Revised	2344
Code, perform any duty imposed by law, regulation, or the custom	2345
of the service upon counsel for the accused.	2346

Sec. 5924.39.  (A) At any time after the service of charges	2347
whichthat have been referred for trial to a court-martial	2348
composed of a military judge and members, the military judge may,	2349
subject to section 5924.35 of the Revised Code, call the court	2350
into session without the presence of the members for the following	2351
purposes:	2352

(1) Hearing and determining motions raising defenses or	2353
objections whichthat are capable of determination without trial	2354
of the issues raised by a plea of not guilty;	2355

(2) Hearing and ruling upon any matter whichthat may be	2356
ruled upon by the military judge under this code, whether or not	2357
the matter is appropriate for later consideration or decision by	2358
the members of the court;	2359

(3) If permitted by regulations prescribed by the governor,	2360
holding the arraignment and receiving the pleas of the accused;	2361

(4) Performing any other procedural function whichthat may	2362
be performed by the military judge under this code or under rules	2363
regulations prescribed pursuant to section 5924.36 of the Revised	2364
Code and whichthat does not require the presence of the members	2365
of the court.	2366

These proceedings shall be conducted in the presence of the	2367
accused, the defense counsel, and the trial counsel, and shall be	2368
made a part of the record.	2369

(B) When the members of a court-martial deliberate or vote,	2370
only the members may be present. All other proceedings, including	2371
any other consultation of the members of the court with counsel or	2372
the military judge, shall be made a part of the record and shall	2373
be in the presence of the accused, the defense counsel, the trial	2374
counsel, and, in cases in which a military judge has been detailed	2375
to the court, the military judge.	2376

Sec. 5924.41.  (A) The military judge and members of a	2377
general or special court-martial may be challenged by the accused	2378
or the trial counsel for cause stated to the court. The military	2379
judge or, if none, the court, shall determine the relevancy and	2380
validity of challenges for cause, and may not receive a challenge	2381
to more than one person at a time. Challenges by the trial counsel	2382
shall ordinarily be presented and decided before those by the	2383
accused are offered.	2384

(B) Each accused and the trial counsel is entitled to one	2385
peremptory challenge, but the military judge may not be challengd	2386
challenged except for cause.	2387

(C) If the exercise of a peremptory challenge reduces the	2388
number of members of a court-martial below the minimum required	2389
under section 5924.16 of the Revised Code, any remaining	2390
peremptory challenges shall be exercised or waived before	2391
additional members are detailed.	2392

(D) Additional members detailed to a court-martial may be	2393
challenged for cause as provided in division (A) of this section.	2394
After challenges for cause against the additional members are	2395
presented and decided, each accused and trial counsel is entitled	2396
to one peremptory challenge against members not previously	2397
challenged peremptorily.	2398

Sec. 5924.42.  (A) Before performing their respective duties,	2399
military judges, interpreters, members of general and special	2400
courts-martial, the trial counsel, the assistant trial counsel,	2401
the defense counsel, the assistant defense counsel, and reporters	2402
shall take an oath or affirmation to perform their duties	2403
faithfully. The form of the oath or affirmation, the time and	2404
place of the taking thereof, the manner of recording, and whether	2405
the oath shall be taken for all cases in which these duties are to	2406
be performed or for a particular case, shall be as prescribed in	2407
regulations promulgated by the governor. These regulations may	2408
provide that an oath or affirmation to faithfully perform duties	2409
as a military judge, trial counsel, assistant trial counsel,	2410
defense counsel, or assistant defense counsel may be taken at any	2411
time by any judge advocate, law specialist, or other person	2412
certified to be qualified or competent for the duty, and if such	2413
oath is taken it need not again be taken at the time the judge	2414
advocate, law specialist, or other person is detailed to that duty	2415
in the presence of the accused and shall be substantially as	2416
follows:	2417

(1) For a member of the court:

2418

"You, .........., do swear (or affirm) that you will	2419
faithfully perform all the duties incumbent upon you as a member	2420
of this court; that you will faithfully and impartially try,	2421
according to the evidence, your conscience, and the laws and	2422
regulations provided for trials by courts-martial, the case of	2423
(the) (each) accused now before this court; and that if any doubt	2424
should arise not explained by the laws and regulations, then	2425
according to the best of your understanding and the customs of the	2426
service in like cases; that you will not divulge the findings or	2427
sentence in any case until they shall have been duly announced by	2428
the court; and that you will not disclose or discover the vote or	2429
opinion of any particular member of the court upon a challenge or	2430
upon the findings or sentence unless required to do so before a	2431
court of justice in due course of law. So help you God (or under	2432
penalty of perjury)."	2433

(2) For a military judge:

2434

"You, .........., do swear (or affirm) that you will	2435
faithfully and impartially perform, according to your conscience	2436
and the laws and regulations provided for trials by	2437
courts-martial, all the duties incumbent upon you as military	2438
judge of this court; that if any doubt should arise not explained	2439
by the laws and regulations, then according to the best of your	2440
understanding and the customs of the service in like cases; and	2441
that you will not divulge the findings or sentence in any case	2442
until they shall have been duly announced by the court. So help	2443
you God (or under penalty of perjury)."	2444

(3) For trial counsel and assistant trial counsel:

2445

"You, .........., do swear (or affirm) that you will	2446
faithfully perform the duties of trial counsel and will not	2447
divulge the findings or sentence of the court to any but the	2448
proper authority until they shall be duly disclosed. So help you	2449
God (or under penalty of perjury)."	2450

(4) For defense counsel and assistant defense counsel:

2451

"You, .........., do swear (or affirm) that you will	2452
faithfully perform the duties of defense counsel and will not	2453
divulge the findings or sentence of the court to any but the	2454
proper authority until they shall be duly disclosed. So help you	2455
God (or under penalty of perjury)."	2456

(5) For a reporter or interpreter:

2457

"You, ..........., do swear (or affirm) that you will	2458
faithfully perform the duties of reporter (or interpreter) to this	2459
court. So help you God (or under penalty of perjury)."	2460

(B) Each witness before a military courtcourt-martial shall	2461
be examined on oath or affirmation. The presiding officer shall	2462
administer an oath or affirmation in substantially the following	2463
form:	2464

"You, .........., do swear (or affirm) that the evidence you	2465
shall give in the case now in hearing shall be the truth, the	2466
whole truth, and nothing but the truth. So help you God (or under	2467
penalty of perjury)."	2468

Sec. 5924.43.  (A) A person charged with desertion or absence	2469
without leave in time of war, or with aiding the enemy or with	2470
mutiny, or with murder, may be tried and punished at any time	2471
without limitation.	2472

(B) Except as otherwise provided in this section, a person	2473
charged with desertion in time of peace or any of the offenses	2474
punishable under sections 5924.119 to 5924.132 of the Revised	2475
Code, is not liable to be tried by court-martial if the offense	2476
was committed more than three years before the receipt of sworn	2477
charges and specifications by an officer exercising summary	2478
court-martial jurisdiction over the command.	2479

(C) Except as otherwise provided in this section, a person	2480
charged with anyan offense punishable under this code is not	2481
liable to be tried by court-martial or punished under section	2482
5924.15 of the Revised Code if the offense was committed more than	2483
twofour years before the receipt of sworn charges and	2484
specifications by an officer exercising summary court-martial	2485
jurisdiction over the command or before the imposition of	2486
punishment under section 5924.15 of the Revised Code.	2487

(D)(B) Periods in which the accused was absent from territory	2488
in which the state has the authority to apprehend him, oris in	2489
the custody of civil authorities, or in the hands of the enemy,	2490
shall be excluded in computing the period of limitation prescribed	2491
in this section.	2492

Sec. 5924.44.  (A) No person may, without his consent, be	2493
tried a second time in any military or civil courtcourt-martial	2494
of thethis state for the same offense.	2495

(B) No proceeding in which an accused has been found guilty	2496
by a court-martial upon any charge or specification is a trial in	2497
the sensefor purposes of this section until the finding of guilty	2498
has become final after review of the case has been fully	2499
completed.	2500

(C) A proceeding whichthat, after the introduction of	2501
evidence but before a finding, is dismissed or terminated by the	2502
convening authority or on motion of the prosecution for failure	2503
want of available evidence or witnesses without any fault of the	2504
accused is a trial in the sensefor purposes of this section.	2505

Sec. 5924.45.  (A) If anAn accused after arraignment makes	2506
an irregular pleading, or after a plea of guilty sets up matter	2507
inconsistent with the plea, or if it appears that he has entered	2508
the plea of guilty improvidently or through lack of understanding	2509
of its meaning and effect, or if he fails or refuses tomay plead,	2510
a plea of not guilty shall be entered in the record, and the court	2511
shall proceed as though he had pleaded not guilty.	2512

(B) A plea of guilty by the accused may not be accepted to	2513
any charge or specification alleging an offense for which the	2514
death penalty may be adjudged. If a plea of guilty has been	2515
accepted by the military judge or by a court-martial without a	2516
military judge, a finding of guilty, if permitted by regulations	2517
promulgated by the governor, shall be entered immediately without	2518
vote and shall constitute the finding of the court. If the plea of	2519
guilty is withdrawn prior to announcement of the sentence, the	2520
proceedings shall continue as though the accused had pleaded, not	2521
guilty by reason of insanity, guilty, or, with the consent of the	2522
court, no contest. A plea of not guilty by reason of insanity	2523
shall be made in writing by either the accused or the accused's	2524
attorney. All other pleas may be made orally. The pleas of not	2525
guilty and not guilty by reason of insanity may be joined.	2526

(B) If an accused refuses to plead, the court shall enter a	2527
plea of not guilty on behalf of the accused.	2528

(C) Before accepting a plea of guilty, the military judge	2529
shall address the accused personally and inform the accused of,	2530
and determine that the accused understands, all of the following:	2531

(1) The nature of the offense to which the plea is offered	2532
and the maximum possible penalty provided by law;	2533

(2) In a general or special court-martial, if the accused is	2534
not represented by counsel, that the accused has the right to be	2535
represented by counsel at every stage of the proceedings;	2536

(3) That the accused has the right to plead not guilty or to	2537
persist in that plea if already made, that the accused has the	2538
right to be tried by a court-martial, and that at trial the	2539
accused has the right to confront and cross-examine witnesses	2540
against the accused and the right against self-incrimination.	2541

(4) That if the accused pleads guilty, there will not be a	2542
trial of any kind as to those offenses to which the accused has so	2543
pleaded and that by pleading guilty the accused waives the rights	2544
described in division (C)(3) of this section;	2545

(5) That, if the accused pleads guilty, the military judge	2546
will question the accused about the offenses to which the accused	2547
has pleaded guilty, and that, if the accused answers the questions	2548
under oath, on the record, and in the presence of counsel, the	2549
accused's answers may later be used against the accused in a	2550
prosecution for perjury or false statement.	2551

(D) The military judge shall not accept a plea of guilty	2552
without first addressing the accused personally and determining	2553
that the plea is voluntary and not the result of fear, threats, or	2554
promises. The military judge shall also inquire as to whether the	2555
accused's willingness to plead guilty results from prior	2556
discussions between the convening authority, a representative of	2557
the convening authority, or trial counsel and the accused or	2558
defense counsel.	2559

(E) The military judge shall not accept a plea of guilty	2560
without making an inquiry of the accused that satisfies the	2561
military judge that there is a factual basis for the plea. The	2562
accused shall be questioned under oath about the offenses charged.	2563

(F) When a negotiated plea of guilty or no contest to one or	2564
more offenses charged or to one or more other or lesser offenses	2565
is offered, the underlying agreement upon which the plea is based	2566
shall be stated on the record in open court.	2567

(G) If the court refuses to accept a plea of guilty or no	2568
contest, the court shall enter a plea of not guilty on behalf of	2569
the accused, and neither plea shall be admissible in evidence or	2570
be the subject of comment by the trial counsel or court.	2571

(H) The defense of not guilty by reason of insanity must be	2572
pleaded at the time of arraignment, except that the court for good	2573
cause shown shall permit a plea of not guilty by reason of	2574
insanity to be entered at any time before trial.	2575

(I) A motion to withdraw a plea of guilty or no contest may	2576
be made only before sentence is imposed, but to correct manifest	2577
injustice the court after sentence may set aside the judgment of	2578
conviction and permit the accused to withdraw the plea.	2579

(J) An accused who is found guilty after pleading guilty	2580
waives any objection, whether or not previously raised, relating	2581
to the factual issue of guilt of the offense to which the plea was	2582
made.	2583

Sec. 5924.46.  (A) The trial counsel, the defense counsel,	2584
and the court-martial shall have equal opportunity to obtain	2585
witnesses and other evidence in accordance with such regulations	2586
as the governoradjutant general may prescribe.	2587

(B) The president of a court-martial or a summary court	2588
officer may:	2589

(1) Issue a warrant for the arrest of any accused person who,	2590
having been served with a warrant and a copy of the charges,	2591
disobeys a written order by the convening authority to appear	2592
before the court;	2593

(2) Issue subpoenas duces tecum and other subpoenas;

2594

(3) Enforce by attachment the attendance of witnesses and the	2595
production of books and papers; and	2596

(4) Sentence for refusal to be sworn or to answer, as	2597
provided in actions before civil courts of the state.	2598

(C) Process issued in court-martial cases to compel witnesses	2599
to appear and testify and to compel the production of other	2600
evidence shall be substantially similar to process that may be	2601
issued by the courts of this state in criminal cases and shall run	2602
to any part of the state.	2603

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

2604

(1) Hashas been duly subpoenaed to appear as a witness or to	2605
produce books and records before a military court or before any	2606
military or civil officer designated to take a deposition to be	2607
read in evidence before such a military court;	2608

(2) Hasor has been duly paid or tendered the fees and	2609
mileage of a witness at the rates provided for under section	2610
119.094 of the Revised Code; and	2611

(3) Willfullywho willfully neglects or refuses to appear, or	2612
refuses to qualify as a witness or to testify or to produce any	2613
evidence which that the person may have been legally subpoenaed	2614
to produce; is guilty of an offense against the state and, may be	2615
punished for contempt in the same manner as if committed before	2616
civil courts of the stateprovided for in Chapter 2705. of the	2617
Revised Code.	2618

Sec. 5924.48.  A military court, in the manner provided for	2619
in Chapter 2705. of the Revised Code, may punish for contempt any	2620
person who uses any menacing word, sign, or gesture in its	2621
presence, or who disturbs its proceedings by any riot or disorder.	2622
The punishment may not exceed confinement for thirty days or a	2623
fine of one hundred dollars, or bothis guilty of any act	2624
described in section 2705.02 of the Revised Code.	2625

Sec. 5924.49. (A) At any time after charges have been signed	2626
as provided in section 5924.30 of the Revised Code, any party may	2627
take oral or written depositions unless the military judge or	2628
court-martial without a military judge hearing the case or, if the	2629
case is not being heard, an authority competent to convene a	2630
court-martial for the trial of those charges forbids it for good	2631
cause. If a deposition is to be taken before charges are referred	2632
for trial, such an authority may designate commissioned officers	2633
to represent the prosecution and the defense and may authorize	2634
those officers to take the deposition of any witness.	2635

(B) The party at whose instance a deposition is to be taken	2636
shall give to every other party reasonable written notice of the	2637
time and place for taking the deposition.	2638

(C) Depositions may be taken before and authenticated by any	2639
military or civil officer authorized by the laws of the state or	2640
by the laws of the place where the deposition is taken to	2641
administer oaths.	2642

(D) A duly authenticated deposition, taken upon reasonable	2643
notice to the other parties, so far as otherwise admissible under	2644
the rules of evidence, may be read in evidence before any	2645
court-martial or in any proceeding before a court of inquiry, if	2646
it appears:	2647

(1) That the witness resides or is beyond the state in which	2648
the court-martial or court of inquiry is ordered to sit, or beyond	2649
the distance of one hundred miles from the place of trial or	2650
hearing;	2651

(2) That the witness by reason of death, age, sickness,	2652
bodily infirmity, imprisonment, military necessity, nonamenability	2653
to process, or other reasonable cause, is unable or refused to	2654
appear and testify in person at the place of trial or hearing;	2655

(3) That the present whereabouts of the witness is unknown;	2656
or	2657

(4) That the deposition was taken in the physical presence of	2658
the accusedin the manner and for the purposes provided in the	2659
Ohio Rules of Criminal Procedure.	2660

Sec. 5924.50.  (A) In any case not capital and not extending	2661
to the dismissal of a commissioned officer, the sworn testimony,	2662
contained in the duly authenticated record of proceedings of a	2663
courtboard of inquiry,officers of a person whose oral testimony	2664
cannot be obtained, may, if otherwise admissible under the rules	2665
of evidence, be read in evidence by any party before a	2666
court-martial if the accused was a party before the courtboard of	2667
inquiryofficers and if the same issue was involved or if the	2668
accused consents to the introduction of such evidence, and if the	2669
accused was physically present when the testimony was taken.	2670

(B) Such testimony may be read in evidence only by the	2671
defense in cases extending to the dismissal of a commissioned	2672
officer.	2673

(C) Such testimony may also be read in evidence before a	2674
court of inquiry or a military board of officers.	2675

Sec. 5924.501.  (A) In an action under this code, the	2676
military judge, trial counsel, defense counsel, or civilian	2677
counsel may raise the issue of the accused's competence to stand	2678
trial. If the issue is raised before the trial has commenced, the	2679
court shall hold a hearing on the issue as provided in this	2680
section. If the issue is raised after the trial has commenced, the	2681
court shall hold a hearing on the issue only for good cause shown	2682
or on the court's own motion.	2683

(B) The court shall conduct the hearing required or	2684
authorized under division (A) of this section within thirty days	2685
after the issue is raised unless the accused has been referred for	2686
evaluation in which case the court shall conduct the hearing	2687
within ten days after the filing of the report of the evaluation.	2688
A hearing may be continued for good cause.	2689

(C) The accused shall be represented by counsel at the	2690
hearing conducted under division (B) of this section.	2691

(D) The trial counsel and defense counsel may submit evidence	2692
on the issue of the accused's competence to stand trial. A written	2693
report of the evaluation of the accused may be admitted into	2694
evidence at the hearing by stipulation, but, if either the	2695
government or defense objects to its admission, the report may be	2696
admitted under seal of court in camera to the military judge.	2697

(E) The court shall not find an accused incompetent to stand	2698
trial solely because the accused is receiving or has received	2699
treatment as a voluntary or involuntary mentally ill patient under	2700
Chapter 5122. of the Revised Code or because the accused is	2701
receiving or has received psychotropic drugs or other medication,	2702
even if the accused might become incompetent to stand trial	2703
without the drugs or medication.	2704

(F) An accused is presumed to be competent to stand trial.	2705
If, after a hearing, the court finds by a preponderance of the	2706
evidence that, because of the accused's present mental condition,	2707
the accused is incapable of understanding the nature and objective	2708
of the proceedings against the accused or of assisting in the	2709
accused's defense, the court shall find the accused incompetent to	2710
stand trial and shall enter an order authorized by section	2711
5924.503 of the Revised Code.	2712

Sec. 5924.502.  (A) If the issue of an accused's competence	2713
to stand trial is raised or if an accused enters a plea of not	2714
guilty by reason of insanity, the court may order one or more	2715
evaluations of the accused's present mental condition or, in the	2716
case of a plea of not guilty by reason of insanity, of the	2717
accused's mental condition at the time of the offense charged. An	2718
examiner shall conduct the evaluation.	2719

(B) If the court orders more than one evaluation under	2720
division (A) of this section, the trial counsel and the defense	2721
counsel may recommend to the court an examiner whom each prefers	2722
to perform one of the evaluations. If an accused enters a plea of	2723
not guilty by reason of insanity and if the court does not	2724
designate an examiner recommended by the defense counsel, the	2725
court shall inform the accused that the accused may have	2726
independent expert evaluation and that it will be obtained for the	2727
accused at public expense.	2728

(C) If the court orders an evaluation under division (A) of	2729
this section, the accused shall be available at the times and	2730
places established by the examiners who are to conduct the	2731
evaluation. The court may order an accused who is not being held	2732
in pretrial confinement to submit to an evaluation under this	2733
section. If an accused who is not being held in pretrial	2734
confinement refuses to submit to a complete evaluation, the court	2735
may order the sheriff to take the accused into custody and deliver	2736
the accused to a center, program, or facility operated or	2737
certified by the department of mental health where the accused may	2738
be held for evaluation for a reasonable period of time not to	2739
exceed twenty days.	2740

(D) An accused who is being held in pretrial confinement may	2741
be evaluated at the accused's place of detention. Upon the request	2742
of the examiner, the court may order the sheriff to transport the	2743
accused to a program or facility operated or certified by the	2744
department of mental health, where the accused may be held for	2745
evaluation for a reasonable period of time not to exceed twenty	2746
days, and to return the accused to the place of detention after	2747
the evaluation.	2748

(E) If a court orders the evaluation to determine an	2749
accused's mental condition at the time of the offense charged, the	2750
court shall inform the examiner of the offense with which the	2751
accused is charged.	2752

(F) In conducting an evaluation of an accused's mental	2753
condition at the time of the offense charged, the examiner shall	2754
consider all relevant evidence. If the offense charged involves	2755
the use of force against another person, the relevant evidence to	2756
be considered includes, but is not limited to, any evidence that	2757
the accused suffered at the time of the commission of the offense	2758
from the "battered woman syndrome."	2759

(G) The examiner shall file a written report with the court	2760
within thirty days after entry of a court order for evaluation,	2761
and the court shall provide copies of the report to the trial	2762
counsel and defense counsel. The report shall include all of the	2763
following:	2764

(1) The examiner's findings;

2765

(2) The facts in reasonable detail on which the findings are	2766
based;	2767

(3) If the evaluation was ordered to determine the accused's	2768
competence to stand trial, all of the following findings or	2769
recommendations that are applicable:	2770

(a) Whether the accused is capable of understanding the	2771
nature and objective of the proceedings against the accused or of	2772
assisting in the accused's defense;	2773

(b) If the examiner's opinion is that the accused is	2774
incapable of understanding the nature and objective of the	2775
proceedings against the accused or of assisting in the accused's	2776
defense, whether the accused presently is mentally ill;	2777

(c) If the examiner's opinion is that the accused is	2778
incapable of understanding the nature and objective of the	2779
proceedings against the accused or of assisting in the accused's	2780
defense, the examiner's opinion as to the likelihood of the	2781
accused becoming capable of understanding the nature and objective	2782
of the proceedings against the accused and of assisting in the	2783
accused's defense within one year if the accused is provided with	2784
a course of treatment;	2785

(d) If the examiner's opinion is that the accused is	2786
incapable of understanding the nature and objective of the	2787
proceedings against the accused or of assisting in the accused's	2788
defense and that the accused presently is mentally ill, the	2789
examiner's recommendation as to the least restrictive placement or	2790
commitment alternative, consistent with the accused's treatment	2791
needs for restoration to competency and with the safety of the	2792
community;	2793

(e) If the accused is charged before a special or summary	2794
court-martial with an offense that is not a violation of section	2795
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2796
examiner's opinion is that the accused is incapable of	2797
understanding the nature and objective of the proceedings against	2798
the accused or of assisting in the accused's defense and that the	2799
accused is presently mentally ill, the examiner's recommendation	2800
as to whether the accused is amenable to engagement in mental	2801
health treatment.	2802

(4) If the evaluation was ordered to determine the accused's	2803
mental condition at the time of the offense charged, the	2804
examiner's findings as to whether the accused at the time of the	2805
offense charged did not know, as a result of a severe mental	2806
disease or defect, the wrongfulness of the accused's acts charged.	2807

(H) An examiner appointed under divisions (A) and (B) of this	2808
section to evaluate an accused to determine the accused's	2809
competence to stand trial also may be appointed to evaluate an	2810
accused who has entered a plea of not guilty by reason of	2811
insanity, but an examiner of that nature shall prepare separate	2812
reports on the issue of competence to stand trial and the defense	2813
of not guilty by reason of insanity.	2814

(I) No statement that an accused makes in an evaluation or	2815
hearing under divisions (A) to (H) of this section relating to the	2816
accused's competence to stand trial or to the accused's mental	2817
condition at the time of the offense charged may be used against	2818
the accused on the issue of guilt in any criminal action or	2819
proceeding, but, in a criminal action or proceeding, the trial	2820
counsel or defense counsel may call as a witness any person who	2821
evaluated the accused or prepared a report pursuant to a referral	2822
under this section. Neither the appointment nor the testimony of	2823
an examiner appointed under this section precludes the trial	2824
counsel or defense counsel from calling other witnesses or	2825
presenting other evidence on competency or insanity issues.	2826

(J) Persons appointed as examiners under divisions (A) and	2827
(B) of this section or under division (H) of this section shall be	2828
paid a reasonable amount for their services and expenses, as	2829
certified by the court.	2830

Sec. 5924.503.  (A) If the issue of an accused's competence	2831
to stand trial is raised and if the court, upon conducting the	2832
hearing provided for in section 5924.502 of the Revised Code,	2833
finds that the accused is competent to stand trial, the accused	2834
shall be proceeded against as provided by law. If the court finds	2835
the accused competent to stand trial and the accused is receiving	2836
psychotropic drugs or other medication, the court may authorize	2837
the continued administration of the drugs or medication or other	2838
appropriate treatment in order to maintain the accused's	2839
competence to stand trial unless the accused's attending physician	2840
advises the court against continuation of the drugs, other	2841
medication, or treatment.	2842

(B)(1)(a) If, after taking into consideration all relevant	2843
reports, information, and other evidence, the court finds that the	2844
accused is incompetent to stand trial and that there is a	2845
substantial probability that the accused will become competent to	2846
stand trial within one year if the accused is provided with a	2847
course of treatment, the court shall order the accused to undergo	2848
treatment. If the accused is being tried by a general	2849
court-martial and if, after taking into consideration all relevant	2850
reports, information, and other evidence, the court finds that the	2851
accused is incompetent to stand trial, but the court is unable at	2852
that time to determine whether there is a substantial probability	2853
that the accused will become competent to stand trial within one	2854
year if the accused is provided with a course of treatment, the	2855
court shall order continuing evaluation and treatment of the	2856
accused for a period not to exceed four months to determine	2857
whether there is a substantial probability that the accused will	2858
become competent to stand trial within one year if the accused is	2859
provided with a course of treatment.	2860

(b) The court order for the accused to undergo treatment or	2861
continuing evaluation and treatment under division (B)(1)(a) of	2862
this section shall specify that the accused, if determined to	2863
require mental health treatment or continuing evaluation and	2864
treatment, shall be committed to the department of mental health	2865
for treatment or continuing evaluation and treatment at a	2866
hospital, facility, or agency determined to be clinically	2867
appropriate by the department of mental health. The order may	2868
restrict the accused's freedom of movement as the court considers	2869
necessary. The trial counsel in the accused's case shall send to	2870
the chief clinical officer of the hospital, facility, or agency	2871
where the accused is placed by the department of mental health or	2872
to the managing officer of the institution, the director of the	2873
facility, or the person to which the accused is committed copies	2874
of relevant investigative reports and other background information	2875
that pertains to the accused and is available to the trial counsel	2876
unless the trial counsel determines that the release of any of the	2877
information in the investigative reports or any of the other	2878
background information to unauthorized persons would interfere	2879
with the effective prosecution of any person or would create a	2880
substantial risk of harm to any person.	2881

In committing the accused to the department of mental health,	2882
the court shall consider the extent to which the person is a	2883
danger to the person and to others, the need for security, and the	2884
type of crime involved and, if the court finds that restrictions	2885
on the accused's freedom of movement are necessary, shall specify	2886
the least restrictive limitations on the person's freedom of	2887
movement determined to be necessary to protect public safety. In	2888
weighing these factors, the court shall give preference to	2889
protecting public safety.	2890

(c) If the accused is found incompetent to stand trial, if	2891
the chief clinical officer of the hospital, facility, or agency	2892
where the accused is placed, or the managing officer of the	2893
institution, the director of the facility, or the person to which	2894
the accused is committed for treatment or continuing evaluation	2895
and treatment under division (B)(1)(b) of this section determines	2896
that medication is necessary to restore the accused's competency	2897
to stand trial, and if the accused lacks the capacity to give	2898
informed consent or refuses medication, the chief clinical officer	2899
of the hospital, facility, or agency where the accused is placed	2900
or the managing officer of the institution, the director of the	2901
facility, or the person to which the accused is committed for	2902
treatment or continuing evaluation and treatment may petition the	2903
court for authorization for the involuntary administration of	2904
medication. The court shall hold a hearing on the petition within	2905
five days of the filing of the petition. Following the hearing,	2906
the court may authorize the involuntary administration of	2907
medication or may dismiss the petition.	2908

(d) If the accused is charged before a special or summary	2909
court-martial with an offense that is not a violation of section	2910
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2911
counsel may hold the charges in abeyance while the accused engages	2912
in mental health treatment.	2913

(2) If the court finds that the accused is incompetent to	2914
stand trial and that, even if the accused is provided with a	2915
course of treatment, there is not a substantial probability that	2916
the accused will become competent to stand trial within one year,	2917
the court shall order the discharge of the accused, unless upon	2918
motion of the trial counsel or on its own motion, the court either	2919
seeks to retain jurisdiction over the accused pursuant to division	2920
(A)(2) of section 5924.504 of the Revised Code or files an	2921
affidavit in the probate court for the civil commitment of the	2922
accused pursuant to Chapter 5122. of the Revised Code alleging	2923
that the accused is a mentally ill person subject to	2924
hospitalization by court order. If an affidavit is filed in the	2925
probate court, the trial court shall send to the probate court	2926
copies of all written reports of the accused's mental condition	2927
that were prepared pursuant to section 5924.502 of the Revised	2928
Code.	2929

The trial court may issue the temporary order of detention	2930
that a probate court may issue under section 5122.11 of the	2931
Revised Code, to remain in effect until the probable cause or	2932
initial hearing in the probate court. Further proceedings in the	2933
probate court are civil proceedings governed by Chapter 5122. of	2934
the Revised Code.	2935

(C) No accused shall be required to undergo treatment,	2936
including any continuing evaluation and treatment, under division	2937
(B)(1) of this section for longer than whichever of the following	2938
periods is applicable:	2939

(1) One year, if the accused is being tried by a general	2940
court-martial;	2941

(2) Six months, if the accused is being tried before a	2942
special court-martial;	2943

(3) Sixty days, if the accused is being tried before a	2944
summary court-martial.	2945

(D) Any accused who is committed pursuant to this section	2946
shall not voluntarily admit the accused or be voluntarily admitted	2947
to a hospital or institution pursuant to section 5122.02 or	2948
5122.15 of the Revised Code.	2949

(E) Except as otherwise provided in this division, an accused	2950
who is charged with an offense and is committed by the court under	2951
this section to the department of mental health with restrictions	2952
on the accused's freedom of movement shall not be granted	2953
unsupervised on-grounds movement, supervised off-grounds movement,	2954
or nonsecured status except in accordance with the court order.	2955
The court may grant an accused supervised off-grounds movement to	2956
obtain medical treatment or specialized habilitation treatment	2957
services if the person who supervises the treatment or the	2958
continuing evaluation and treatment of the accused ordered under	2959
division (B)(1)(a) of this section informs the court that the	2960
treatment or continuing evaluation and treatment cannot be	2961
provided at the hospital or facility where the accused is placed	2962
by the department of mental health. The chief clinical officer of	2963
the hospital or facility where the accused is placed by the	2964
department of mental health or the managing officer of the	2965
institution or director of the facility to which the accused is	2966
committed or a designee of any of those persons may grant an	2967
accused movement to a medical facility for an emergency medical	2968
situation with appropriate supervision to ensure the safety of the	2969
accused, staff, and community during that emergency medical	2970
situation. The chief clinical officer of the hospital or facility	2971
where the accused is placed by the department of mental health or	2972
the managing officer of the institution or director of the	2973
facility to which the accused is committed shall notify the court	2974
within twenty-four hours of the accused's movement to the medical	2975
facility for an emergency medical situation under this division.	2976

(F) The person who supervises the treatment or continuing	2977
evaluation and treatment of an accused ordered to undergo	2978
treatment or continuing evaluation and treatment under division	2979
(B)(1)(a) of this section shall file a written report with the	2980
court at the following times:	2981

(1) Whenever the person believes the accused is capable of	2982
understanding the nature and objective of the proceedings against	2983
the accused and of assisting in the accused's defense;	2984

(2) Fourteen days before expiration of the maximum time for	2985
treatment as specified in division (C) of this section and	2986
fourteen days before the expiration of the maximum time for	2987
continuing evaluation and treatment as specified in division	2988
(B)(1)(a) of this section;	2989

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

2990

(4) Whenever the person who supervises the treatment or	2991
continuing evaluation and treatment of an accused ordered under	2992
division (B)(1)(a) of this section believes that there is not a	2993
substantial probability that the accused will become capable of	2994
understanding the nature and objective of the proceedings against	2995
the accused or of assisting in the accused's defense even if the	2996
accused is provided with a course of treatment.	2997

(G) A report under division (F) of this section shall contain	2998
the examiner's findings, the facts in reasonable detail on which	2999
the findings are based, and the examiner's opinion as to the	3000
accused's capability of understanding the nature and objective of	3001
the proceedings against the accused and of assisting in the	3002
accused's defense. If, in the examiner's opinion, the accused	3003
remains incapable of understanding the nature and objective of the	3004
proceedings against the accused and of assisting in the accused's	3005
defense and there is a substantial probability that the accused	3006
will become capable of understanding the nature and objective of	3007
the proceedings against the accused and of assisting in the	3008
accused's defense if the accused is provided with a course of	3009
treatment, if in the examiner's opinion the accused remains	3010
mentally ill, and if the maximum time for treatment as specified	3011
in division (C) of this section has not expired, the report also	3012
shall contain the examiner's recommendation as to the least	3013
restrictive placement or commitment alternative that is consistent	3014
with the accused's treatment needs for restoration to competency	3015
and with the safety of the community. The court shall provide	3016
copies of the report to the trial counsel and defense counsel.	3017

(H) If an accused is committed pursuant to division (B)(1) of	3018
this section, within ten days after the treating physician of the	3019
accused or the examiner of the accused who is employed or retained	3020
by the treating facility advises that there is not a substantial	3021
probability that the accused will become capable of understanding	3022
the nature and objective of the proceedings against the accused or	3023
of assisting in the accused's defense even if the accused is	3024
provided with a course of treatment, within ten days after the	3025
expiration of the maximum time for treatment as specified in	3026
division (C) of this section, within ten days after the expiration	3027
of the maximum time for continuing evaluation and treatment as	3028
specified in division (B)(1)(a) of this section, within thirty	3029
days after an accused's request for a hearing that is made after	3030
six months of treatment, or within thirty days after being advised	3031
by the treating physician or examiner that the accused is	3032
competent to stand trial, whichever is the earliest, the court	3033
shall conduct another hearing to determine if the accused is	3034
competent to stand trial and shall do whichever of the following	3035
is applicable:	3036

(1) If the court finds that the accused is competent to stand	3037
trial, the accused shall be proceeded against as provided by law.	3038

(2) If the court finds that the accused is incompetent to	3039
stand trial, but that there is a substantial probability that the	3040
accused will become competent to stand trial if the accused is	3041
provided with a course of treatment, and the maximum time for	3042
treatment as specified in division (C) of this section has not	3043
expired, the court, after consideration of the examiner's	3044
recommendation, shall order that treatment be continued, may	3045
change least restrictive limitations on the accused's freedom of	3046
movement.	3047

(3) If the court finds that the accused is incompetent to	3048
stand trial, if the accused is being tried by a general	3049
court-martial, and if the court finds that there is not a	3050
substantial probability that the accused will become competent to	3051
stand trial even if the accused is provided with a course of	3052
treatment, or if the maximum time for treatment as specified in	3053
division (C) of this section has expired, further proceedings	3054
shall be as provided in sections 5924.504 to 5924.506 of the	3055
Revised Code.	3056

(4) If the court finds that the accused is incompetent to	3057
stand trial, if the accused is being tried before a special	3058
court-martial, and if the court finds that there is not a	3059
substantial probability that the accused will become competent to	3060
stand trial even if the accused is provided with a course of	3061
treatment, or if the maximum time for treatment as specified in	3062
division (C) of this section has expired, the court shall dismiss	3063
the charge against the accused. A dismissal under this division is	3064
not a bar to further prosecution based on the same conduct. The	3065
court shall discharge the accused unless the court or trial	3066
counsel files an affidavit in probate court for civil commitment	3067
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	3068
civil commitment is filed, the court may detain the accused for	3069
ten days pending civil commitment. All of the following provisions	3070
apply to persons being tried by a special court-martial who are	3071
committed by the probate court subsequent to the court's or trial	3072
counsel's filing of an affidavit for civil commitment under	3073
authority of this division:	3074

(a) The chief clinical officer of the entity, hospital, or	3075
facility, the managing officer of the institution, or the person	3076
to which the accused is committed or admitted shall do all of the	3077
following:	3078

(i) Notify the trial counsel in writing of the discharge of	3079
the accused, send the notice at least ten days prior to the	3080
discharge unless the discharge is by the probate court and state	3081
in the notice the date on which the accused will be discharged;	3082

(ii) Notify the trial counsel in writing when the accused is	3083
absent without leave or is granted unsupervised, off-grounds	3084
movement and send this notice promptly after the discovery of the	3085
absence without leave or prior to the granting of the	3086
unsupervised, off-grounds movement, whichever is applicable;	3087

(iii) Notify the trial counsel in writing of the change of	3088
the accused's commitment or admission to voluntary status, send	3089
the notice promptly upon learning of the change to voluntary	3090
status, and state in the notice the date on which the accused was	3091
committed or admitted on a voluntary status.	3092

(b) The trial counsel shall promptly inform the convening	3093
authority of any notification received under division (H)(4)(a) of	3094
this section. Upon receiving notice that the accused will be	3095
granted unsupervised, off-grounds movement, the convening	3096
authority either shall refer the charges against the accused to an	3097
investigating officer again or promptly notify the court that the	3098
convening authority does not intend to refer the charges against	3099
the accused again.	3100

(I) If an accused is convicted of a crime and sentenced to	3101
confinement, the accused's sentence shall be reduced by the total	3102
number of days the accused is confined for evaluation to determine	3103
the accused's competence to stand trial or treatment under this	3104
section and sections 5924.502 and 5924.504 of the Revised Code or	3105
by the total number of days the accused is confined for evaluation	3106
to determine the accused's mental condition at the time of the	3107
offense charged.	3108

Sec. 5924.504.  (A) If an accused being tried by a general	3109
court-martial is found incompetent to stand trial, after the	3110
expiration of the maximum time for treatment as specified in	3111
division (C) of section 5924.503 of the Revised Code or after the	3112
court finds that there is not a substantial probability that the	3113
accused will become competent to stand trial even if the accused	3114
is provided with a course of treatment, one of the following	3115
applies:	3116

(1) The court or the trial counsel may file an affidavit in	3117
probate court for civil commitment of the accused in the manner	3118
provided in Chapter 5122. of the Revised Code. If the court or	3119
trial counsel files an affidavit for civil commitment, the court	3120
may detain the accused for ten days pending civil commitment. If	3121
the probate court commits the accused subsequent to the court's or	3122
trial counsel's filing of an affidavit for civil commitment, the	3123
chief clinical officer of the entity, hospital, or facility, the	3124
managing officer of the institution, or the person to which the	3125
accused is committed or admitted shall send to the trial counsel	3126
the notices described in divisions (H)(4)(a)(i) to (iii) of	3127
section 5924.503 of the Revised Code within the periods of time	3128
and under the circumstances specified in those divisions.	3129

(2) On the motion of the trial counsel or on its own motion,	3130
the court may retain jurisdiction over the accused if at a hearing	3131
the court finds both of the following by clear and convincing	3132
evidence:	3133

(a) The accused committed the offense with which the accused	3134
is charged.	3135

(b) The accused is a mentally ill person subject to	3136
hospitalization by court order.	3137

(B) In making its determination under division (A)(2) of this	3138
section as to whether to retain jurisdiction over the accused, the	3139
court may consider all relevant evidence, including, but not	3140
limited to, any relevant psychiatric, psychological, or medical	3141
testimony or reports, the acts constituting the offense charged,	3142
and any history of the accused that is relevant to the accused's	3143
ability to conform to the law.	3144

(C) If the court conducts a hearing as described in division	3145
(A)(2) of this section and if the court does not make both	3146
findings described in divisions (A)(2)(a) and (b) of this section	3147
by clear and convincing evidence, the court shall dismiss the	3148
charges against the accused. Upon the dismissal, the court shall	3149
discharge the accused unless the court or trial counsel files an	3150
affidavit in probate court for civil commitment of the accused	3151
pursuant to Chapter 5122. of the Revised Code. If the court or	3152
trial counsel files an affidavit for civil commitment, the court	3153
may order that the accused be detained for up to ten days pending	3154
the civil commitment. If the probate court commits the accused	3155
subsequent to the court's or trial counsel's filing of an	3156
affidavit for civil commitment, the chief clinical officer of the	3157
entity, hospital, or facility, the managing officer of the	3158
institution, or the person to which the accused is committed or	3159
admitted shall send to the trial counsel the notices described in	3160
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	3161
Code within the periods of time and under the circumstances	3162
specified in those divisions. A dismissal of charges under this	3163
division is not a bar to further criminal proceedings based on the	3164
same conduct.	3165

(D)(1) If the court conducts a hearing as described in	3166
division (A)(2) of this section and if the court makes the	3167
findings described in divisions (A)(2)(a) and (b) of this section	3168
by clear and convincing evidence, the court shall commit the	3169
accused, if determined to require mental health treatment, to the	3170
department of mental health for treatment at a hospital, facility,	3171
or agency as determined clinically appropriate by the department	3172
of mental health. In committing the accused to the department of	3173
mental health, the court shall specify the least restrictive	3174
limitations on the accused's freedom of movement determined to be	3175
necessary to protect public safety.	3176

(2) If a court makes a commitment of an accused under	3177
division (D)(1) of this section, the trial counsel shall send to	3178
the hospital, facility, or agency where the accused is placed by	3179
the department of mental health or to the accused's place of	3180
commitment all reports of the accused's current mental condition	3181
and, except as otherwise provided in this division, any other	3182
relevant information, including, but not limited to, a transcript	3183
of the hearing held pursuant to division (A)(2) of this section,	3184
copies of relevant investigative reports, and copies of any prior	3185
arrest and conviction records that pertain to the accused and that	3186
the trial counsel possesses. The trial counsel shall send the	3187
reports of the accused's current mental condition in every case of	3188
commitment, and, unless the trial counsel determines that the	3189
release of any of the other relevant information to unauthorized	3190
persons would interfere with the effective prosecution of any	3191
person or would create a substantial risk of harm to any person,	3192
the trial counsel also shall send the other relevant information.	3193

(3) If a court makes a commitment under division (D)(1) of	3194
this section, all further proceedings shall be in accordance with	3195
Chapter 5122. of the Revised Code.	3196

Sec. 5924.505.  For purposes of sections 5924.502 and	3197
5924.506 of the Revised Code, a person is "not guilty by reason of	3198
insanity" relative to a charge of an offense only as described in	3199
division (A)(14) of section 2901.01 of the Revised Code. Proof	3200
that a person's reason, at the time of the commission of an	3201
offense, was so impaired that the person did not have the ability	3202
to refrain from doing the person's act or acts, does not	3203
constitute a defense.	3204

Sec. 5924.506.  (A) If an accused person is found not guilty	3205
by reason of insanity, the verdict shall state that finding, and	3206
the trial court shall conduct a full hearing to determine whether	3207
the person is a mentally ill person subject to hospitalization by	3208
court order. Prior to the hearing, if the military judge believes	3209
that there is probable cause that the person found not guilty by	3210
reason of insanity is a mentally ill person subject to	3211
hospitalization by court order, the military judge may issue a	3212
temporary order of detention for that person to remain in effect	3213
for ten court days or until the hearing, whichever occurs first.	3214

Any person detained pursuant to a temporary order of	3215
detention issued under this division shall be held in a suitable	3216
facility, taking into consideration the place and type of	3217
confinement prior to and during trial.	3218

(B) The court shall hold the hearing under division (A) of	3219
this section to determine whether the person found not guilty by	3220
reason of insanity is a mentally ill person subject to	3221
hospitalization by court order within ten court days after the	3222
finding of not guilty by reason of insanity. Failure to conduct	3223
the hearing within the ten-day period shall cause the immediate	3224
discharge of the respondent, unless the judge grants a continuance	3225
for not longer than ten court days for good cause shown or for any	3226
period of time upon motion of the respondent.	3227

(C) If a person is found not guilty by reason of insanity,	3228
the person has the right to attend a hearing conducted pursuant to	3229
this section. At the hearing, the court shall inform the person	3230
that the person has all of the following rights:	3231

(1) The right to be represented by defense counsel or to	3232
retain civilian counsel, if the person so chooses;	3233

(2) The right to have independent expert evaluation;

3234

(3) The right to subpoena witnesses and documents, to present	3235
evidence on the person's behalf, and to cross-examine witnesses	3236
against the person;	3237

(4) The right to testify in the person's own behalf and to	3238
not be compelled to testify;	3239

(5) The right to have copies of any relevant medical or	3240
mental health document in the custody of the state or of any place	3241
of commitment other than a document for which the court finds that	3242
the release to the person of information contained in the document	3243
would create a substantial risk of harm to any person.	3244

(D) The hearing under division (A) of this section shall be	3245
open to the public, and the court shall conduct the hearing in	3246
accordance with regulations prescribed by the adjutant general.	3247
The court shall make and maintain a full transcript and record of	3248
the hearing proceedings. The court may consider all relevant	3249
evidence, including, but not limited to, any relevant psychiatric,	3250
psychological, or medical testimony or reports, the acts	3251
constituting the offense in relation to which the person was found	3252
not guilty by reason of insanity, and any history of the person	3253
that is relevant to the person's ability to conform to the law.	3254

(E) Upon completion of the hearing under division (A) of this	3255
section, if the court finds there is not clear and convincing	3256
evidence that the person is a mentally ill person subject to	3257
hospitalization by court order, the court shall discharge the	3258
person, unless a detainer has been placed upon the person by the	3259
department of rehabilitation and correction, in which case the	3260
person shall be returned to that department.	3261

(F) If, at the hearing under division (A) of this section,	3262
the court finds by clear and convincing evidence that the person	3263
is a mentally ill person subject to hospitalization by court	3264
order, it shall commit the person to the department of mental	3265
health for placement in a hospital, facility, or agency as	3266
determined clinically appropriate by the department of mental	3267
health. Further proceedings shall be in accordance with Chapter	3268
5122. or 5123. of the Revised Code. In committing the accused to	3269
the department of mental health, the court shall specify the least	3270
restrictive limitations on the accused's freedom of movement	3271
determined to be necessary to protect public safety.	3272

(G) If a court makes a commitment of a person under division	3273
(F) of this section, the trial counsel shall send to the hospital,	3274
facility, or agency where the defendant is placed by the	3275
department of mental health or to the accused's place of	3276
commitment all reports of the person's current mental condition,	3277
and, except as otherwise provided in this division, any other	3278
relevant information, including, but not limited to, a transcript	3279
of the hearing held pursuant to division (A) of this section,	3280
copies of relevant investigative reports, and copies of any prior	3281
arrest and conviction records that pertain to the person and that	3282
the trial counsel possesses. The trial counsel shall send the	3283
reports of the person's current mental condition in every case of	3284
commitment, and, unless the trial counsel determines that the	3285
release of any of the other relevant information to unauthorized	3286
persons would interfere with the effective prosecution of any	3287
person or would create a substantial risk of harm to any person,	3288
the trial counsel also shall send the other relevant information.	3289

(H) A person who is committed pursuant to this section shall	3290
not voluntarily admit the person or be voluntarily admitted to a	3291
hospital or institution pursuant to sections 5122.02 and 5122.15	3292
of the Revised Code.	3293

Sec. 5924.51.  (A) Voting by members of a general or special	3294
court-martial on the findings and on the sentence, and by members	3295
of a court-martial without a military judge upon questions of	3296
challenge, shall be by secret written ballot. The junior member of	3297
the court shall in each case count the votes. The count shall be	3298
checked by the president, who shall forthwith announce the result	3299
of the ballot to the members of the court.	3300

(B) The military judge and, except for questions of	3301
challenge, the president of a court-martial without a military	3302
judge shall rule upon all questions of law and all interlocutory	3303
questions arising during the proceedings. Any such ruling made by	3304
the military judge upon any question of law or any interlocutory	3305
question other than the factual issue of mental responsibility of	3306
the accused, or by the president of a special court-martial,	3307
without a military judge upon any question of law other than a	3308
motion for a finding of not guilty, is final and constitutes the	3309
ruling of the court. However, the military judge or the president	3310
of a court-martial without a military judge may change the ruling	3311
at any time during the trial. Unless the ruling is final, if any	3312
member objects thereto, the court shall be cleared and closed and	3313
the question decided by a voice vote as provided in section	3314
5924.52 of the Revised Code, beginning with the junior in rank.	3315

(C) Before a vote is taken on the findings, the military	3316
judge or the president of a court-martial without a military judge	3317
shall, in the presence of the accused and counsel, instruct the	3318
members of the court as to the elements of the offense and charge	3319
the courtthem:	3320

(1) That the accused must be presumed to be innocent until	3321
his guilt is established by legal and competent evidence beyond	3322
reasonable doubt;	3323

(2) That in the case being considered, if there is a	3324
reasonable doubt as to the guilt of the accused, the doubt must be	3325
resolved in favor of the accused, and hethe accused must be	3326
acquitted;	3327

(3) That, if there is a reasonable doubt as to the degree of	3328
guilt, the finding must be in a lower degree as to which there is	3329
no reasonable doubt; and	3330

(4) That the burden of proof to establish the guilt of the	3331
accused beyond reasonable doubt is upon the state.	3332

(D) Divisions (A), (B), and (C) of this section do not apply	3333
to a court-martial composed of a military judge only. The military	3334
judge of such a court-martial shall determine all questions of law	3335
and fact arising during the proceedings and, if the accused is	3336
convicted, adjudge an appropriate sentence. The military judge of	3337
such a court-martial shall make a general finding and shall in	3338
addition on request find the facts speciallymake specific	3339
findings of fact. If an opinion or memorandum of decision is	3340
filed, it will be sufficient if the findings of fact appear	3341
therein.	3342

Sec. 5924.52.  (A)(1) No person may be convicted of an	3343
offense for which the death penalty is made mandatory by law,	3344
except by the concurrence of all members of the court-martial	3345
present at the time the vote is taken.	3346

(2) No person may be convicted of any other offense, except	3347
as provided in division (B) of section 5924.45 of the Revised Code	3348
or by the concurrence of two-thirds of the members of the	3349
court-martial present at the time the vote is taken.	3350

(B)(1) No person may be sentenced to suffer death, except by	3351
the concurrence of all members of the court-martial present at the	3352
time the vote is taken and for an offense in this chapter	3353
expressly made punishable by death.	3354

(2) No person may be sentenced to life imprisonment or to	3355
confinement for more than ten years, except by the concurrence of	3356
three-fourths of the members present at the time the vote is	3357
taken.	3358

(3) All other sentences shall be determined by the	3359
concurrence of two-thirds of the members present at the time the	3360
vote is taken.	3361

(C) All other questions to be decided by the members of a	3362
general or special court-martial shall be determined by a majority	3363
vote, but a determination to reconsider a finding of guilty or to	3364
reconsider a sentence, to decrease or lessen it, may be made by	3365
any lesser vote whichthat indicates that the reconsideration is	3366
not opposed by the number of votes required for that finding or	3367
sentence. A tie vote on a challenge disqualifies the member	3368
challenged. A tie vote on a motion for a finding of not guilty or	3369
on a motion relating to the question of the accused's sanity is a	3370
determination against the accused. A tie vote on any other	3371
question is a determination in favor of the accused.	3372

Sec. 5924.54.  (A) Each general court-martial shall keep a	3373
separate record of the proceedings in each case brought before it,	3374
and the record shall be authenticated by the signature of the	3375
military judge. If the record cannot be authenticated by the	3376
military judge by reason of his death, disability, or absence, it	3377
shall be authenticated by the signature of the trial counsel or by	3378
that of a member if the trial counsel is unable to authenticate it	3379
by reason of his death, disability, or absence. In a court-martial	3380
consisting of only a military judge, the record shall be	3381
authenticated by the court reporter under the same conditions	3382
whichthat would impose such a duty on a member under this	3383
division if the proceedings have resulted in an acquittal of all	3384
charges and specifications or, if not affecting a general or flag	3385
officer, in a sentence not including discharge and not in excess	3386
of that which may otherwise be adjudged by a special	3387
court-martial. The record shall contain matters as may be	3388
prescribed by regulations of the governor.	3389

(B) Each special and summary court-martial shall keep a	3390
separate record of the proceedings in each case, whichand the	3391
record shall contain such matter and be authenticated in suchthe	3392
manner as may be required by regulations which the governor may	3393
prescribeprescribed by the adjutant general.	3394

(C)(1) A complete record of the proceedings and testimony	3395
shall be prepared in the following cases:	3396

(a) Each case tried before a general court-martial in which	3397
the sentence adjudged includes a dismissal, a discharge, or any	3398
punishment that exceeds the punishment that may otherwise be	3399
adjudged by a special court-martial;	3400

(b) Each case tried before a special court-martial in which	3401
the sentence adjudged includes a bad-conduct discharge or	3402
confinement for more than six months.	3403

(2) In all other cases tried before a court-martial, the	3404
record shall contain any matters that are required by regulations	3405
of the adjutant general. A copy of the record of the proceedings	3406
of each general and special court-martial shall be given to the	3407
accused as soon as it is authenticated. If a verbatim record of	3408
trial by general or special court-martial is not required under	3409
divisions (A) and (B) of this section, the accused may buy such a	3410
record under such regulations as the governor may prescribe.	3411

Sec. 5924.56.  The punishment whichthat a court-martial may	3412
direct for an offense may not exceed limits prescribed by this	3413
code or such lesser limits as the governor may prescribeadjutant	3414
general for the offense.	3415

Sec. 5924.57.  (A) Whenever a sentence of a court-martial as	3416
lawfully adjudged and approved includes a forfeitures(1) A	3417
forfeiture of pay or allowances in addition to confinement not	3418
suspended or deferred, the forfeiture may apply to pay or	3419
allowances becoming due on or after the date the sentence is	3420
approved by the convening authority. No forfeiture may extend to	3421
any pay or allowances accrued before that dateor reduction in	3422
grade that is included in a sentence of a court-martial takes	3423
effect on the earlier of the date that is fourteen days after the	3424
date on which the sentence is adjudged or the date on which the	3425
sentence is approved by the convening authority.	3426

(2) On application of an accused, the convening authority may	3427
defer a forfeiture of pay or allowances or reduction in grade that	3428
would otherwise become effective on the date that is fourteen days	3429
after the date on which the sentence is adjudged until the date on	3430
which the sentence is approved by the convening authority. The	3431
convening authority may at any time rescind a deferment granted	3432
under this division.	3433

(3) A forfeiture of pay or allowances applies to pay or	3434
allowances accruing on and after the date on which the sentence	3435
takes effect.	3436

(B) Any period of confinement included in a sentence of a	3437
court-martial begins to run from the date the sentence is adjudged	3438
by the court-martial, but periods during which the sentence to	3439
confinement is suspended or deferred shall be excluded in	3440
computing the service of the term of confinement. Regulations	3441
prescribed by the governor may provide that sentences of	3442
confinement may not be executed until approved by designated	3443
officers.	3444

(C) All other sentences of courts-martial are effective on	3445
the date ordered executed.	3446

(D)(1) On application by an accused who is under sentence to	3447
confinement that has not been ordered executed, the convening	3448
authority or, if the accused is no longer under histhe convening	3449
authority's jurisdiction, the governor,officer exercising general	3450
court-martial jurisdiction over the command to which the accused	3451
is currently assigned may in histhe officer's sole discretion	3452
defer service of the sentence to confinement. The deferment shall	3453
terminate when the sentence is ordered executed. The deferment may	3454
be rescinded at any time by the officer who granted it or, if the	3455
accused is no longer under histhe officer's jurisdiction, by the	3456
governorofficer exercising general court-martial jurisdiction	3457
over the command to which the accused is currently assigned.	3458

(2) In any case in which a court-martial sentences a person	3459
described in division (D)(3) of this section to confinement, the	3460
convening authority may defer the service of the sentence to	3461
confinement, without the consent of that person, until after the	3462
person has been permanently released to the armed forces by a	3463
state or foreign country referred to in that division.	3464

(3) Division (D)(2) of this section applies to a person	3465
subject to this chapter who, while in the custody of a state or	3466
foreign country, is temporarily returned by that state or foreign	3467
country to the armed forces for trial by court-martial and after	3468
the court-martial is returned to that state or foreign country	3469
under the authority of a mutual agreement or treaty.	3470

(4) As used in division (D)(3) of this section, "state"	3471
includes the District of Columbia and any state, commonwealth,	3472
territory, or possession of the United States having a national	3473
guard.	3474

(E) In any case in which a sentence to confinement has been	3475
ordered executed but in which review of the case under section	3476
5924.64 of the Revised Code is pending, the adjutant general may	3477
defer further service of the sentence while the review is pending.	3478

Sec. 5924.58.  (A) ASubject to regulations prescribed by the	3479
adjutant general, a sentence of confinement adjudged by a	3480
court-martial or other military courttribunal, whether or not the	3481
sentence includes discharge or dismissal, and whether or not the	3482
discharge or dismissal has been executed, may be carried into	3483
execution by confinement in any place of confinement under the	3484
control of any of the forces of the organized militia or in any	3485
jail or prison designated for that purposejail or correctional	3486
facility in this state. Persons so confined in a jail or prison	3487
are subject to the same discipline and treatment as persons	3488
confined or committed to the jail or prisoncorrectional facility	3489
by the courts of the state or of any political subdivision	3490
thereofof the state.	3491

(B) The omission of the words "hard labor" from any sentence	3492
or punishment of a court-martial adjudging confinement does not	3493
deprive the authority executing that sentence or punishment of the	3494
power to require hard labor as a part of the punishment.	3495

(C) The keepers, officers, and wardens of city or county	3496
jails and of other jails or prisons designated by the governor, or	3497
by such person as he may authorize to act under section 5924.11 of	3498
the Revised Code and of this code, shall receive persons ordered	3499
into confinement before trial and persons committed to confinement	3500
by a military court and shall confine them according to law. No	3501
such keeper, officer, or warden may require payment of any fee or	3502
chargekind may be required for so receiving or confining a person	3503
housing a prisoner under this code.	3504

Sec. 5924.581.  (A) Except as otherwise provided in	3505
regulations made by the adjutant general, a court-martial sentence	3506
of an enlisted member in a pay grade above E-1 that includes a	3507
dishonorable or bad-conduct discharge, confinement, or hard labor	3508
without confinement reduces the member to pay grade E-1, effective	3509
on the date the convening authority approves the sentence.	3510

(B) If the sentence of a member who is reduced in pay grade	3511
under division (A) of this section is set aside or disapproved, or	3512
as finally approved does not include a dishonorable or bad-conduct	3513
discharge, confinement, or hard labor without confinement, the	3514
rights and privileges of which the member was deprived because of	3515
the reduction in pay are restored, and the member shall be paid	3516
the pay and allowances that the member would have been paid for	3517
the period the reduction was in effect had the member not been	3518
reduced in pay.	3519

Sec. 5924.582.  (A) A member who receives a court-martial	3520
sentence that includes confinement for more than six months or	3521
confinement for six months or less and a dishonorable or	3522
bad-conduct discharge or dismissal forfeits pay, or pay and	3523
allowances, during any period of confinement or parole. The	3524
forfeiture takes effect on the date determined under section	3525
5924.57 of the Revised Code and may be deferred as provided by	3526
that section. The pay and allowances forfeited as a result of a	3527
sentence imposed by a general court-martial shall be all pay and	3528
allowances due during any period of confinement or parole. The pay	3529
and allowances forfeited as a result of a sentence imposed by a	3530
special court-martial shall be two-thirds of all pay and	3531
allowances due during any period of confinement or parole.	3532

(B) If a member subject to forfeiture of pay or pay and	3533
allowances under division (A) of this section has dependents, the	3534
convening authority or other person acting under section 5924.60	3535
of the Revised Code may waive all or part of the forfeiture of pay	3536
and allowances for a period not exceeding six months. Any pay or	3537
allowances paid as a result of a waiver shall be paid, as the	3538
convening authority or other person taking action directs, to the	3539
dependents of the accused member.	3540

(C) If the sentence of a member who forfeits pay and	3541
allowances under division (A) of this section is set aside or	3542
disapproved or, as finally approved, does not provide for a	3543
punishment that includes confinement for more than six months or	3544
confinement for six months or less and a dishonorable or	3545
bad-conduct discharge or dismissal, the member shall be paid the	3546
pay and allowances that the member would have been paid for the	3547
period the forfeiture was in effect had the member's pay and	3548
allowances not been forfeited.	3549

Sec. 5924.59.  (A) A finding or sentence of a court-martial	3550
may not be held incorrect on the ground of an error of law unless	3551
the error materially prejudices the substantial rights of the	3552
accused.	3553

(B) Any reviewing authority with the power to approve or	3554
affirm a finding of guilty may instead approve or affirm so much	3555
of the finding as includes a lesser included offense.	3556

Sec. 5924.60. After a trial by(A) A court-martial, the	3557
record shall be forwardedreport its findings and sentence to the	3558
convening authority, as reviewing authority, and action thereon	3559
may be taken byafter announcing the person who convened the	3560
court, a commissioned officer commanding for the time being, a	3561
successor in command, or by the governorsentence.	3562

(B)(1) The accused may submit to the convening authority	3563
matters relating to the findings and sentence to the convening	3564
authority for its consideration. A submission shall be in writing.	3565
A submission shall be made within ten days after the accused has	3566
been given an authenticated record of trial and, if applicable,	3567
the recommendation of the staff judge advocate or legal officer	3568
under division (D) of this section or, in a summary court-martial	3569
case, within seven days after the sentence is announced.	3570

(2) The convening authority or other person taking action	3571
under this section, for good cause shown by the accused, may	3572
extend the period for submission of matters under division (B)(1)	3573
of this section for not more than twenty days.	3574

(3) In a summary court-martial case, the summary court	3575
officer shall promptly provide the accused with a copy of the	3576
record of trial for use in preparing a submission authorized by	3577
division (B)(1) of this section.	3578

(4) The accused may waive the right to make a submission	3579
under division (B)(1) of this section. A waiver shall be made in	3580
writing and may not be revoked. The time within which the accused	3581
may make a submission under this subsection expires upon the	3582
submission of a waiver to the convening authority.	3583

(C)(1) The authority under this section to act on the	3584
findings and sentence of a court-martial is a matter of command	3585
prerogative involving the sole discretion of the convening	3586
authority. Pursuant to regulations prescribed by the adjutant	3587
general, a commissioned officer commanding for the time being, a	3588
successor in command, or any person exercising general	3589
court-martial jurisdiction may act under this section in place of	3590
the convening authority.	3591

(2) The convening authority or another person authorized to	3592
act under this section may act on the sentence of a court-martial	3593
pursuant to division (B)(3) of this section. Subject to	3594
regulations prescribed by the adjutant general, the convening	3595
authority or other authorized person may act only after the	3596
accused submits matters under division (B) of this section or the	3597
time for submitting matters expires, whichever is earlier. If the	3598
accused makes a submission, the convening authority or other	3599
authorized person shall take the submission into consideration	3600
before acting.	3601

(3) The convening authority or other authorized person, in	3602
the convening authority's or other authorized person's sole	3603
discretion, may approve, disapprove, commute, or suspend the	3604
sentence of a court-martial in whole or in part. The convening	3605
authority or other authorized person acting on a sentence may but	3606
is not required to take action on the findings of the	3607
court-martial. A convening authority or other authorized person	3608
that chooses to act on the findings may dismiss any charge or	3609
specification by setting aside a finding of guilt with regard to	3610
that charge or specification or may change a finding of guilty	3611
with regard to a charge or specification to a finding of guilty to	3612
an offense that is a lesser included offense of the offense stated	3613
in the charge or specification.	3614

(D) Before acting under this section on any general	3615
court-martial case or on any special court-martial case that	3616
includes a bad-conduct discharge, the convening authority or other	3617
authorized person shall obtain and consider the written	3618
recommendation of the convening authority's or other authorized	3619
person's staff judge advocate or legal officer. The convening	3620
authority or other authorized person shall refer the record of	3621
trial to the staff judge advocate or legal officer. The staff	3622
judge advocate or legal officer shall use the record in the	3623
preparation of a recommendation. The recommendation shall include	3624
any matters that the adjutant general may require by regulation	3625
and shall be served on the accused. The accused may submit any	3626
matter in response under division (B) of this section. If in the	3627
accused's response, the accused does not object to one or more	3628
matters contained in the recommendation, the accused waives the	3629
right to object to those matters.	3630

(E)(1) The convening authority or other authorized person, in	3631
the convening authority's or other authorized person's sole	3632
discretion, may order a proceeding in revision or a rehearing.	3633

(2) The convening authority or other authorized person may	3634
order a proceeding in revision if there is an apparent error or	3635
omission in the record of a court-martial or if the record shows	3636
improper or inconsistent action by a court-martial with respect to	3637
the findings or sentence that can be rectified without material	3638
prejudice to the substantial rights of the accused. In a	3639
proceeding in revision, the convening authority or other	3640
authorized person may not do any of the following:	3641

(a) Reconsider a finding of not guilty of any specification	3642
or a ruling that amounts to a finding of not guilty;	3643

(b) Reconsider a finding of not guilty of any charge, unless	3644
there has been a finding of guilty under a specification laid	3645
under that charge that sufficiently alleges a violation of any	3646
provision of this chapter;	3647

(c) Increase the severity of the sentence.

3648

(3) The convening authority or other authorized person may	3649
order a rehearing if the convening authority or other authorized	3650
person disapproves the findings or sentence and states the reasons	3651
for disapproval of the findings or sentence. If the convening	3652
authority or other authorized person disapproves the findings or	3653
sentence and does not order a rehearing, the convening authority	3654
or other authorized person shall dismiss the charges. A convening	3655
authority or other authorized person may not order a rehearing as	3656
to the findings if the record does not contain sufficient evidence	3657
to support the findings. A convening authority or other authorized	3658
person may order a rehearing as to the sentence if the convening	3659
authority or other authorized person disapproves the sentence.	3660

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3661
or the sentence of a court-martial to the court of military	3662
appeals. The court shall hear an appeal if the convening authority	3663
or other authorized person approved a sentence of dismissal of a	3664
commissioned officer, dishonorable or bad conduct discharge, or	3665
confinement for one year or more and if the appeal was timely	3666
filed. The court may hear any other appeals that the court, in its	3667
sole discretion, allows.	3668

(B) An accused who is found guilty may appeal under this	3669
section by filing a notice of appeal with the convening authority	3670
that ordered the court-martial within thirty calendar days after	3671
the convening authority serves a copy of the approved findings and	3672
sentence on the trial attorney of record for the accused or, if	3673
the accused waived the right to counsel, on the accused in	3674
accordance with regulations prescribed by the adjutant general.	3675
The notice of appeal shall state the name of the party taking the	3676
appeal, the findings, sentence, or parts of the findings or	3677
sentence appealed from, and the grounds for the appeal. Failure to	3678
file a notice of appeal in a timely manner constitutes a waiver of	3679
the right to appeal.	3680

(C) Upon receiving a notice of appeal, the convening	3681
authority shall serve a copy of the notice on the trial counsel	3682
and on the trial attorney of record for any codefendant or, if a	3683
codefendant waived the right to counsel, on the codefendant in	3684
accordance with regulations prescribed by the adjutant general.	3685
The convening authority shall note on each copy served the date on	3686
which the notice of appeal was filed. Failure of the convening	3687
authority to serve a copy of the notice of appeal does not affect	3688
the validity of the appeal. Service in accordance with division	3689
(C) of this section is sufficient notwithstanding the death of a	3690
party or a party's counsel. The convening authority shall note on	3691
its docket the names of the parties served, the dates on which	3692
they were served, and the method of service.	3693

(D) An accused may waive appellate review by filing with the	3694
convening authority, within ten days after the action under	3695
section 5924.60 of the Revised Code is served on the accused or on	3696
defense counsel, a written waiver signed by the accused and by	3697
defense counsel. The convening authority or other person taking	3698
such action, for good cause, may extend the period for filing by	3699
not more than thirty days.	3700

(E) An accused may voluntarily withdraw an appeal at any time	3701
by filing a notice of withdrawal with the convening authority.	3702

(F) A waiver of the right to appellate review or the	3703
withdrawal of an appeal bars any further review under this section	3704
or section 5924.69 of the Revised Code.	3705

Sec. 5924.62. (A) In a trial by court-martial in which a	3706
military judge presides and in which a punitive discharge may be	3707
adjudged, the state may appeal any of the following, except an	3708
order or ruling that is, or that amounts to, a finding of not	3709
guilty with respect to the charge or specification:	3710

(1) An order or ruling that terminates the proceedings with	3711
respect to a charge or specification;	3712

(2) An order or ruling that excludes evidence that is of	3713
substantial consequence to the determination of the material	3714
issues in the proceeding;	3715

(3) An order or ruling that directs the disclosure of	3716
classified information;	3717

(4) An order or ruling that imposes sanctions for	3718
nondisclosure of classified information;	3719

(5) A refusal by the military judge to issue a protective	3720
order sought by the state to prevent the disclosure of classified	3721
information;	3722

(6) A refusal by the military judge to enforce a protective	3723
order that has previously been issued by appropriate authority to	3724
prevent the disclosure of classified information.	3725

(B) The state may not appeal an order or ruling unless within	3726
seventy-two hours after the military judge serves the order or	3727
ruling the trial counsel files with the military judge a written	3728
notice of appeal from the order or ruling. The notice shall	3729
include a certification by the trial counsel that the appeal is	3730
not taken for the purpose of delay and, if the order or ruling	3731
appealed is one that excludes evidence, that the evidence excluded	3732
is substantial proof of a fact material in the proceeding.	3733

(C) Appellate government counsel shall diligently prosecute	3734
an appeal under this section to the court of military appeals	3735
created by section 5924.66 of the Revised Code.	3736

(D) Any period of delay resulting from an appeal under this	3737
section shall be excluded in deciding any issue regarding denial	3738
of a speedy trial unless an appropriate authority determines that	3739
the appeal was filed solely for the purpose of delay with the	3740
knowledge that it was totally frivolous and without merit.	3741

Sec. 5924.63. (A) If the convening authority disapproves the	3742
findings and sentence of a court-martial he may, except where	3743
there is lack of sufficient evidence in the record to support the	3744
findings, order a rehearing. In such a case he shall state the	3745
reasons for disapproval. If he disapproves the findings and	3746
sentence and does not order a rehearing, he shall dismiss the	3747
charges.	3748

(B) Each rehearing ordered pursuant to section 5924.60 of the	3749
Revised Code or by the court of military appeals shall take place	3750
before a court-martial composed of members who were not members of	3751
the court-martial whichthat first heard the case. Upon a	3752
rehearing the accused may not be tried for any offense of which he	3753
the accused was found not guilty by the first court-martial, and	3754
no sentence in excess of or more severe than the original sentence	3755
may be imposed,approved unless the sentence is based upon a	3756
finding of guilty of an offense not considered upon the merits in	3757
the original proceedings, or unless the sentence prescribed for	3758
the offense is mandatory. If the sentence approved after the first	3759
court-martial was in accordance with a pretrial agreement and the	3760
accused at the rehearing changes the accused's plea with respect	3761
to the charges or specifications upon which the pretrial agreement	3762
was based or otherwise does not comply with the pretrial	3763
agreement, the approved sentence as to those charges or	3764
specifications may include any punishment not in excess of the	3765
punishment lawfully adjudged at the first court-martial.	3766

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3767
regulations prescribed by the adjutant general each case in which	3768
there has been a finding of guilty and in which no appeal is	3769
taken. A judge advocate may not review a case under this section	3770
if the judge advocate has acted in the same case as an accuser,	3771
investigating officer, member of the court, military judge, or	3772
counsel or has otherwise acted on behalf of the prosecution or	3773
defense. For each case reviewed under this section, the judge	3774
advocate shall issue written findings and recommendations that	3775
contain all of the following:	3776

(1) Conclusions as to whether the court had jurisdiction over	3777
the accused and the offense;	3778

(2) Conclusions as to whether the charge and specification	3779
stated an offense;	3780

(3) Conclusions as to whether the sentence was within the	3781
limits prescribed by law;	3782

(4) A response to each allegation of error made in writing by	3783
the accused;	3784

(5) If the case is sent for action under division (B) of this	3785
section, a recommendation as to the appropriate action to be taken	3786
and an opinion as to whether corrective action is required as a	3787
matter of law.	3788

(B) The record of trial and related documents in each case	3789
reviewed under division (A) of this section shall be sent for	3790
further action under division (C) of this section to the person	3791
exercising general court-martial jurisdiction over the accused at	3792
the time the court was convened or that person's successor in	3793
command if any of the following applies:	3794

(1) The judge advocate who reviewed the case recommends	3795
corrective action.	3796

(2) The sentence approved under division (C) of section	3797
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3798
dishonorable discharge, or confinement for more than six months.	3799

(3) Regulations prescribed by the adjutant general require	3800
further review.	3801

(C) The person to whom the record of trial and related	3802
documents are sent under division (B) of this section may do any	3803
of the following:	3804

(1) Approve or disapprove the findings or sentence in whole	3805
or in part;	3806

(2) Remit, commute, or suspend the sentence in whole or in	3807
part;	3808

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

3809

(4) Dismiss the charges.

3810

(D) If a rehearing is ordered but the convening authority	3811
finds that a rehearing is impracticable, the convening authority	3812
shall dismiss the charges.	3813

(E) If the opinion of the judge advocate who reviews a case	3814
under division (A) of this section finds that corrective action is	3815
required as a matter of law and the person required to take action	3816
under division (B) of this section does not take action that is at	3817
least as favorable to the accused as that recommended by the judge	3818
advocate, the convening authority shall transmit the record of	3819
trial and action on that record to the state judge advocate for	3820
review.	3821

(F) The judge advocate who under this section reviews a case	3822
conducted by a general court-martial shall be the state judge	3823
advocate.	3824

Sec. 5924.65. If an accused files a notice of appeal, the	3825
convening authority shall transmit the record of trial and	3826
post-trial proceedings in the case to the state judge advocate for	3827
appropriate action. If the accused does not file a notice of	3828
appeal or files a notice of appeal and withdraws the appeal, then	3829
following completion of all post-trial review, the record of trial	3830
and related documents shall be transmitted and disposed of as the	3831
adjutant general may prescribe by regulation.	3832

Sec. 5924.66. (A) There is hereby created the court of	3833
military appeals. The court is a court of record and has exclusive	3834
jurisdiction of all appeals from courts-martial convened pursuant	3835
to this code. The court shall sit in Franklin county. All hearings	3836
conducted by the court shall be public.	3837

(B) The judges of the court of military appeals shall be	3838
military appellate judges appointed by the adjutant general. Each	3839
judge shall be a retired judge advocate officer who has previously	3840
served in the rank of colonel or above in either the Ohio army	3841
national guard or the Ohio air national guard. The judges shall	3842
sit in panels of not less than three members.	3843

(C) The adjutant general may make rules governing practice	3844
and procedure in the court of military appeals. The Rules of	3845
Appellate Procedure apply in proceedings in the court to the	3846
extent that they are not inconsistent with this code or with rules	3847
made by the adjutant general under this division.	3848

Sec. 5924.67.  A judge of the court of military appeals shall	3849
receive as compensation for each day of attendance on the business	3850
of the court an amount equal to the annual compensation of a judge	3851
of a court of appeals divided by the number of days in the	3852
calendar year. A judge who resides more than fifty miles from the	3853
location of the court also shall be reimbursed for the judge's	3854
actual and necessary expenses of traveling to and from the court	3855
to attend the business of the court.	3856

Sec. 5924.68.  The court of military appeals may subpoena	3857
witnesses, require the production of evidence, and punish for	3858
contempt in the same manner and to the same extent as a common	3859
pleas court.	3860

Sec. 5924.69.  Appeals from orders and judgments of the court	3861
of military appeals may be taken to the supreme court in the same	3862
manner and to the same extent as criminal appeals from orders and	3863
judgments of a court of appeals.	3864

Sec. 5924.70. (A) The state judge advocate shall detail one	3865
or more judge advocates as appellate government counsel and one or	3866
more judge advocates assigned to the United States army trial	3867
defense service or the United States air force area defense	3868
counsel as appellate defense counsel. Appellate counsel shall be	3869
members in good standing of the bar of this state and certified by	3870
the state judge advocate to be competent to act as appellate	3871
counsel.	3872

(B) Appellate government counsel shall represent the state in	3873
the court of military appeals. In a case arising under this code	3874
that is heard in the supreme court, appellate government counsel	3875
shall represent the state in the supreme court unless the attorney	3876
general elects to represent the state.	3877

(C) Appellate defense counsel shall represent the accused in	3878
the court of military appeals and the supreme court unless the	3879
accused elects to be represented by civilian counsel at the	3880
accused's own expense.	3881

(D) Appellate government and defense counsel shall perform	3882
any additional functions in connection with post-trial proceedings	3883
in court-martial cases that the state judge advocate directs.	3884

Sec. 5924.71. (A) If the sentence of a court-martial of a	3885
commissioned officer or cadet includes dismissal, that part of the	3886
sentence providing for dismissal may not be executed until it is	3887
approved by the adjutant general. The adjutant general may	3888
commute, remit, or suspend the sentence or any part of the	3889
sentence as the adjutant general sees fit. In time of war or	3890
national emergency, the adjutant general may commute a sentence of	3891
dismissal to reduction to any enlisted grade. A person so reduced	3892
may be required to serve for the duration of the war or emergency	3893
and for six months after the end of the war or emergency.	3894

(B)(1) If the sentence of a court-martial includes dismissal	3895
or dishonorable or bad-conduct discharge and the accused appeals	3896
to the court of military appeals, the dismissal or discharge part	3897
of the sentence may not be executed until the appellate process	3898
has been completed and, in case of dismissal, approval of the	3899
sentence by the adjutant general. The appellate process is	3900
completed when any of the following occurs:	3901

(a) The accused withdraws the appeal.

3902

(b) The court of military appeals renders a decision, and the	3903
time for filing a notice of appeal to the supreme court elapses	3904
without the accused having filed a notice of appeal.	3905

(c) The supreme court issues an order dismissing the appeal	3906
or entering judgment on the leave to appeal.	3907

(2) If the sentence of a court-martial includes dismissal or	3908
dishonorable or bad-conduct discharge and the accused fails to	3909
appeal to the court of military appeals, waives appellate review,	3910
or withdraws an appeal, the dismissal or discharge part of the	3911
sentence may not be executed until a judge advocate has reviewed	3912
the case and the convening authority has completed action in the	3913
review pursuant to section 5924.64 of the Revised Code. Any other	3914
part of a court-martial sentence may be ordered executed by the	3915
convening authority or other person acting on the case under	3916
section 5924.60 of the Revised Code.	3917

(C) The convening authority or other person taking action on	3918
a court-martial case under section 5924.60 of the Revised Code may	3919
suspend at any time the execution of any sentence or part of a	3920
sentence.	3921

Sec. 5924.72.  (A) An officer having special court-martial	3922
jurisdiction over a person whose sentence has been suspended may	3923
recommend vacation of the suspension of an approved sentence or	3924
part of a sentence that was imposed by a special court-martial and	3925
includes a bad-conduct discharge or that was imposed by a general	3926
court-martial.	3927

(B) Before the vacation ofvacating the suspension of a	3928
special court-martial sentence which as approved includes a bad	3929
conduct discharge, or of any general court-martialor part of a	3930
sentence under division (A) of this section, thean officer having	3931
special court-martial jurisdiction over the probationera person	3932
whose sentence has been suspended shall hold a hearing on the	3933
alleged violation of probationthe terms of suspension. The	3934
probationer shallperson has the right to be represented at the	3935
hearing by counsel if he so desires.	3936

(B)(C) The record of the hearing and the recommendation of	3937
the officer having special court-martial jurisdiction shall be	3938
sent for action to the governor in cases involving aofficer	3939
exercising general court-martial sentence and to the commanding	3940
officer of the force of the organized militia of which	3941
jurisdiction over the probationer is a member in all other cases	3942
covered by division (A) of this sectionperson whose sentence has	3943
been suspended. If the governor or commandingthat officer vacates	3944
the suspension, any unexecuted part of the sentence except a	3945
dismissal shall be executed, subject to applicable restrictions	3946
set forth in section 5924.71 of the Revised Code. A vacation of	3947
the suspension of a dismissal is not effective until it is	3948
approved by the adjutant general.	3949

(C)(D) The suspension of any other sentence may be vacated by	3950
any authority competent to convene, for the command in which the	3951
accused is serving or assigned, a court of the kind that imposed	3952
the sentence.	3953

Sec. 5924.73.  At any time within two years after approval by	3954
the convening authority of a court-martial sentence, the accused	3955
may petition the governoradjutant general for a new trial on the	3956
ground of newly discovered evidence or fraud on the court-martial.	3957
The adjutant general shall act upon the petition unless the case	3958
is pending before the court of military appeals or the supreme	3959
court, in which case the adjutant general shall refer the petition	3960
to the court in which the appeal is pending.	3961

Sec. 5924.74.  (A) AThe adjutant general, the state judge	3962
advocate when authorized by the adjutant general, or a convening	3963
authority may remit or suspend any part or amount of the	3964
unexecuted part of any sentence, including all uncollected	3965
forfeitures, other than a sentence approved by the governor or a	3966
superior convening authority.	3967

(B) The governoradjutant general may, for good cause,	3968
substitute an administrative form of discharge for a discharge or	3969
dismissal executed in accordance with the sentence of a	3970
court-martial.	3971

Sec. 5924.75.  (A) Under suchany regulations asthat the	3972
governoradjutant general may prescribe, all rights, privileges,	3973
and property affected by an executed part of a court-martial	3974
sentence whichthat has been set aside or disapproved, except an	3975
executed dismissal or discharge, shall be restored unless a new	3976
trial or rehearing is ordered and suchthe executed part of the	3977
sentence is included in a sentence imposed upon the new trial or	3978
rehearing.	3979

(B) If a previously executed sentence of dishonorable or bad	3980
conduct discharge is not imposed on a new trial, the governor	3981
adjutant general shall substitute therefor a form of discharge	3982
authorized for administrative issuance unless the accused is to	3983
serve out the remainder of histhe accused's enlistment.	3984

(C) If a previously executed sentence of dismissal is not	3985
imposed on a new trial, the governoradjutant general shall	3986
substitute therefor a form of discharge authorized for	3987
administrative issue, and the commissioned officer dismissed by	3988
that sentence may be reappointed by the governoradjutant general	3989
alone to such commissioned grade and with such rank as in the	3990
opinion of the governoradjutant general that former officer would	3991
have attained had hethe former officer not been dismissed. The	3992
reappointment of such a former officer mayshall be made if	3993
without regard to the existence of a position vacancy is available	3994
under applicable tablesand shall affect the promotion status of	3995
organizationother officers only to the extent directed by the	3996
adjutant general. All time between the dismissal and the	3997
reappointment shall be considered as service for all purposes	3998
including the right to pay and allowances.	3999

(D) Pursuant to regulations prescribed by the adjutant	4000
general, an accused who has been sentenced by a court-martial may	4001
be required to take leave pending completion of action under this	4002
code if the sentence, as approved under section 5924.60 of the	4003
Revised Code, includes an unsuspended dismissal or an unsuspended	4004
dishonorable or bad-conduct discharge. The accused may be required	4005
to begin leave on the date on which the sentence is approved or at	4006
any time after that date. Leave may be continued until the date on	4007
which action is completed or may be terminated at any earlier	4008
time.	4009

Sec. 5924.76.  The appellate review of records of trial	4010
pursuant to this code, the proceedings, findings, and sentences of	4011
courts-martial as reviewed and approved, as required byreviewed,	4012
or affirmed pursuant to this code, and all dismissals and	4013
discharges carried into execution under sentences by	4014
courts-martial following review and approval, as required by	4015
review, or affirmation pursuant to this code, are final and	4016
conclusive. Orders publishing the proceedings of courts-martial	4017
and all action taken pursuant to those proceedings are binding	4018
upon all departments, courts, agencies, and officers of the state,	4019
subject only to action upon a petition for a new trial as provided	4020
in section 5924.73 of the Revised Code and to action by the	4021
adjutant general under section 5924.74 of this codethe Revised	4022
Code.	4023

Sec. 5924.761.  Pursuant to regulations prescribed by the	4024
adjutant general, an accused who has been sentenced by a	4025
court-martial may be required to take leave pending completion of	4026
action under sections 5924.59 to 5924.761 of the Revised Code if	4027
the sentence, as approved under section 5924.60 of the Revised	4028
Code, includes an unsuspended dismissal or an unsuspended	4029
dishonorable or bad-conduct discharge. The accused may be required	4030
to begin the leave on the date on which the sentence is approved	4031
under section 5924.60 of the Revised Code or at any time after	4032
that date, and the leave may be continued until the date on which	4033
action under sections 5924.59 to 5924.761 of the Revised Code is	4034
terminated or completed.	4035

Sec. 5924.77.  Any person subject to this code is a principal	4036
whoif the person does either of the following:	4037

(A) Commits an offense punishable by this code, or aids,	4038
abets, counsels, commands, or procures its commission;	4039

(B) Causes an act to be done which if directly performed by	4040
himthe person would be punishable by this code.	4041

Sec. 5924.78.  Any person subject to this code who, knowing	4042
that an offense punishable by this code has been committed,	4043
receives, comforts, or assists the offender in order to hinder or	4044
prevent histhe offender's apprehension, trial, or punishment	4045
shall be punished as a court-martial may direct.	4046

Sec. 5924.82.  (A) Any person subject to this code who	4047
solicits or advises another or others to desert in violation of	4048
section 5924.85 of the Revised Code and of this code or mutiny in	4049
violation of section 5924.94 of the Revised Code and of this code	4050
shall, if the offense solicited or advised is attempted or	4051
committed, be punished with the punishment provided for the	4052
commission of the offense, but, if the offense solicited or	4053
advised is not committed or attempted, hethe person shall be	4054
punished as a court-martial may direct.	4055

(B) Any person subject to this code who solicits or advises	4056
another or others to commit an act of misbehavior before the enemy	4057
in violation of section 5924.99 of the Revised Code and of this	4058
code or sedition in violation of section 5924.94 of the Revised	4059
Code and of this code shall, if the offense solicited or advised	4060
is committed, be punished with the punishment provided for the	4061
commission of the offense, but, if the offense solicited or	4062
advised is not committed, hethe person shall be punished as a	4063
court-martial may direct.	4064

Sec. 5924.83.  Any person who does either of the following	4065
shall be punished as a court-martial may direct:	4066

(A) Procures histhe person's own enlistment or appointment	4067
in the organized militia by knowingly false representation or	4068
deliberate concealment as to histhe person's qualifications for	4069
that enlistment or appointment and receives pay or allowances	4070
thereunder; or	4071

(B) Procures histhe person's own separation from the	4072
organized militia by knowingly false representation or deliberate	4073
concealment as to histhe person's eligibility for that	4074
separation;	4075

shall be punished as a court-martial may direct.	4076

Sec. 5924.84.  Any person subject to this code who effects an	4077
enlistment or appointment in or a separation from the organized	4078
militia of any person who is known to himthe person to be	4079
ineligible for that enlistment, appointment, or separation because	4080
it is prohibited by law, regulation, or order shall be punished as	4081
a court-martial may direct.	4082

Sec. 5924.85.  (A) Any member of the organized militia who	4083
does any of the following is guilty of desertion:	4084

(1) Without authority goes or remains absent from histhe	4085
member's unit, organization, or place of duty with intent to	4086
remain away therefromfrom the unit, organization, or place of	4087
duty permanently;	4088

(2) Quits histhe member's unit, organization, or place of	4089
duty with intent to avoid hazardous duty or to shirk important	4090
service; or	4091

(3) Without being regularly separated from one of the forces	4092
of the organized militia enlists or accepts an appointment in the	4093
same or another one of the forces of the organized militia without	4094
fully disclosing the fact that hethe member has not been	4095
regularly separated;	4096

is guilty of desertion	4097

(4) Without being regularly separated from one of the forces	4098
of the organized militia enters any foreign armed services without	4099
the authorization of the United States.	4100

(B) Any commissioned officer of the organized militia who,	4101
after tender of histhe commissioned officer's resignation and	4102
before notice of its acceptance, quits histhe commissioned	4103
officer's post or proper duties without leave and with intent to	4104
remain away therefrom permanently is guilty of desertion.	4105

(C) Any person found guilty of desertion or attempt to desert	4106
shall be punished, if the offense is committed in time of war, by	4107
death or such other punishment as a court-martial may direct, but	4108
if the desertion or attempt to desert occurs at any other time, by	4109
such punishment, other than death, as a court-martial may direct.	4110

Sec. 5924.86.  Any person subject to this code who, without	4111
authority, does any of the following shall be punished as a	4112
court-martial may direct:	4113

(A) Fails to go to histhe person's appointed place of duty	4114
at the time prescribed;	4115

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

4116

(C) Absents himselfself or remains absent from histhe	4117
person's unit, organization, or place of duty at which hethe	4118
person is required to be at the time prescribed; shall be punished	4119
as a court-martial may direct.	4120

Sec. 5924.87.  Any person subject to this code who through	4121
neglect or design misses the movement of a ship, aircraft, or unit	4122
with which hethe person is required in the course of duty to move	4123
shall be punished as a court-martial may direct.	4124

Sec. 5924.88.  Any person subject to this codecommissioned	4125
officer who uses contemptuous words against the president, the	4126
governor, or the legislature, or the governor or legislature of	4127
anythis state, territory, commonwealth, or possession wherein	4128
that person may be serving, shall be punished as a court-martial	4129
may direct.	4130

Sec. 5924.89.  Any person subject to this code who behaves	4131
with disrespect toward histhe person's superior commissioned	4132
officer shall be punished as a court-martial may direct.	4133

Sec. 5924.90.  Any person subject to this code who does	4134
either of the following shall be punished as a court-martial may	4135
direct:	4136

(A) Strikes histhe person's superior commissioned officer or	4137
draws or lifts up any weapon or offers any violence against him	4138
the person's superior commissioned officer while hethat officer	4139
is in the execution of his officeofficial duties; or	4140

(B) Willfully disobeys a lawful command of histhe person's	4141
superior commissioned officer;	4142

shall be punished as a court-martial may direct.	4143

Sec. 5924.91.  Any warrant officer or enlisted member who	4144
does any of the following shall be punished as a court-martial may	4145
direct:	4146

(A) Strikes or assaults a warrant officer,or noncommissioned	4147
officer, or petty officer, while that officer is in the execution	4148
of his officeofficial duties;	4149

(B) Willfully disobeys the lawful order of a warrant officer,	4150
or noncommissioned officer, or petty officer; or	4151

(C) Treats with contempt or is disrespectful in language or	4152
deportment toward a warrant officer,or noncommissioned officer,	4153
or petty officer, while that officer is in the execution of his	4154
office;	4155

shall be punished as a court-martial may direct official duties.	4156

Sec. 5924.92.  Any person subject to this code who does any	4157
of the following shall be punished as a court-martial may direct:	4158

(A) Violates or fails to obey any lawful general order or	4159
regulation;	4160

(B) Having knowledge of any other lawful order issued by a	4161
member of the organized militia, which itthat is histhe person's	4162
duty to obey, fails to obey the order; or	4163

(C) Is derelict in the performance of histhe person's	4164
duties;	4165

shall be punished as a court-martial may direct.	4166

Sec. 5924.93.  Any person subject to this code who is guilty	4167
of cruelty toward, or oppression or maltreatment of, any other	4168
person subject to histhe person's orders shall be punished as a	4169
court-martial may direct.	4170

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

4171

(1) With, with intent to usurp or override lawful military	4172
authority, refuses, in concert with any other person, to obey	4173
orders or otherwise do histhe person's duty or creates any	4174
violence or disturbance is guilty of mutiny;.	4175

(2) WithAny person subject to this code who, with intent to	4176
cause the overthrow or destruction of lawful civil authority,	4177
creates, in concert with any other person, revolt, violence, or	4178
other disturbance against that authority is guilty of sedition;.	4179

(3) FailsAny person subject to this code who fails to do his	4180
the person's utmost to prevent and suppress a mutiny or sedition	4181
being committed in histhe person's presence, or fails to take all	4182
reasonable means to inform histhe person's superior commissioned	4183
officer or commanding officer of a mutiny or sedition which he	4184
that the person knows or has reason to believe is taking place, is	4185
guilty of a failure to suppress or report a mutiny or sedition.	4186

(B) A person who is found guilty of attempted mutiny, mutiny,	4187
sedition, or failure to suppress or report a mutiny or sedition	4188
shall be punished by death or such other punishment as a	4189
court-martial may direct.	4190

Sec. 5924.95.  Any person subject to this code who resists	4191
apprehension or, flees from apprehension, breaks arrest, or who	4192
escapes from physical restraint lawfully imposedcustody or	4193
confinement shall be punished as a court-martial may direct.	4194

Sec. 5924.96.  Any person subject to this code who, without	4195
proper authority, releases any prisoner committed to histhe	4196
person's charge, or who through neglect or design suffers any such	4197
prisoner committed to the person's charge to escape, shall be	4198
punished as a court-martial may direct, whether or not the	4199
prisoner was committed in strict compliance with law.	4200

Sec. 5924.97.  Any person subject to this code, who, except	4201
as provided by law or regulation, apprehends, arrests, or confines	4202
any person shall be punished as a court-martial may direct.	4203

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

4204

(A) Isis responsible for unnecessary delay in the	4205
disposition of any case of a person accused of an offense under	4206
this code; or	4207

(B) Knowinglywho knowingly and intentionally fails to	4208
enforce or comply with any provision of this code regulating the	4209
proceedings before, during, or after trial of an accused;	4210

shall be punished as a court-martial may direct.	4211

Sec. 5924.103.  (A) All persons subject to this code shall	4212
secure all public property taken from the enemy for the service of	4213
the United States,and this state and shall give notice and turn	4214
over to the proper authority without delay all captured or	4215
abandoned property in their possession, custody, or control.	4216

(B) Any person subject to this code who does any of the	4217
following shall be punished as a court-martial may direct:	4218

(1) Fails to carry out the duties prescribed in division (A)	4219
of this section;	4220

(2) Buys, sells, trades, or in any way deals in or disposes	4221
of captured or abandoned property, whereby hethe person receives	4222
or expects any profit, benefit, or advantage to himselfself or	4223
another directly or indirectly connected with himselfself; or	4224

(3) Engages in looting or pillaging;

4225

shall be punished as a court-martial may direct.	4226

Sec. 5924.108.  Any person subject to this code who, without	4227
proper authority, does any of the following with regard to any	4228
military property of the United States or of this state shall be	4229
punished as a court-martial may direct:	4230

(A) Sells or otherwise disposes of the property;

4231

(B) Willfully or through neglect damages, destroys, or loses	4232
the property; or	4233

(C) Willfully or through neglect suffers to be lost, damaged,	4234
destroyed, sold, or wrongfully disposed of;	4235

any military property of the United States or of the state, shall	4236
be punished as a court-martial may direct the property.	4237

Sec. 5924.109.  Any person subject to this code who, while in	4238
a duty status, willfully or recklessly wastes, spoils, or	4239
otherwise willfully and wrongfully destroys or damages any	4240
property other than military property of the United States or of	4241
the state shall be punished as a court-martial may direct.	4242

Sec. 5924.111. Any(A) Subject to division (B) of this	4243
section, any person subject to this code who operatesdoes any of	4244
the following shall be punished as a court-martial may direct:	4245

(1) Operates or physically controls any vehicle while drunk,	4246
or, aircraft, or vessel in a reckless or wanton manner, shall be	4247
punished as a court-martial may direct;	4248

(2) Operates or physically controls any vehicle, aircraft, or	4249
vessel while under the influence of alcohol, a drug of abuse, or a	4250
combination of them;	4251

(3) Operates or physically controls any vehicle, aircraft, or	4252
vessel while having in the person's whole blood, blood serum or	4253
plasma, breath, or urine the minimum concentrations of alcohol set	4254
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	4255
the Revised Code;	4256

(4) Operates or physically controls any vehicle, aircraft, or	4257
vessel while having in the person's whole blood, blood serum or	4258
plasma, or urine the concentrations of controlled substances or	4259
metabolites of a controlled substance set forth in division	4260
(A)(1)(j) of section 4511.19 of the Revised Code.	4261

(B) If a military installation is located partially in this	4262
state and partially in one or more other states, the adjutant	4263
general may select the alcohol and controlled substance levels set	4264
forth in the impaired operating laws of one of the other states to	4265
apply on the installation in place of the levels set forth in	4266
division (A) of this section.	4267

Sec. 5924.1121.  (A) As used in this section, "prohibited	4268
substance" means any of the following:	4269

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	4270
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	4271
marihuana or any compound or derivative of any of those	4272
substances;	4273

(2) Any substance not specified in division (A)(1) of this	4274
section that the adjutant general lists on a schedule of	4275
controlled substances or that is listed on a schedule established	4276
under section 202 of the Federal Controlled Substances Act, 21	4277
U.S.C. 812, 84 Stat. 1247, as amended.	4278

(B) A person subject to this code who wrongfully uses,	4279
possesses, manufactures, distributes, imports into the customs	4280
territory of the United States, exports from the United States, or	4281
introduces into an installation, vessel, vehicle, or aircraft used	4282
by or under the control of the armed forces of the United States	4283
or of the organized militia a prohibited substance shall be	4284
punished as a court-martial may direct.	4285

Sec. 5924.113.  Any sentinel or lookout who is found drunk or	4286
sleeping on histhe sentinel's or lookout's post, or leaves it	4287
before hethe sentinel or lookout is regularly relieved, shall be	4288
punished, if the offense is committed in time of war, by death or	4289
such other punishment as a court-martial may direct, but if the	4290
offense is committed at any other time, by such punishment other	4291
than death as a court-martial may direct.	4292

Sec. 5924.115.  Any person subject to this code who for the	4293
purpose of avoiding work, duty, or service in the organized	4294
militia does either of the following shall be punished as a	4295
court-martial may direct:	4296

(A) Feigns illness, physical disablement, mental lapse, or	4297
derangement; or	4298

(B) Intentionally inflicts self-injury;

4299

shall be punished as a court-martial may direct.	4300

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

4301

(1) "Affirmative defense" means any special defense that,	4302
although not denying that the accused committed the objective acts	4303
constituting the offense charged, denies, in whole or in part,	4304
criminal responsibility for those acts.	4305

(2) "Bodily harm" means any offensive touching of another,	4306
however slight, that does not result in grievous bodily harm.	4307

(3) "Consent" means words or overt acts indicating a freely	4308
given agreement to the sexual conduct at issue by a competent	4309
person.	4310

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

4311

(a) Any firearm, whether loaded or not and whether operable	4312
or not;	4313

(b) Any other weapon, device, instrument, material, or	4314
substance, whether animate or inanimate, that as used or intended	4315
to be used is known to be capable of producing death or grievous	4316
bodily harm;	4317

(c) Any object fashioned or used in such a manner as to lead	4318
a person on whom the object is used or threatened to be used to	4319
reasonably believe under the circumstances that the object is	4320
capable of producing death or grievous bodily harm.	4321

(5) "Force" means action to compel submission of another or	4322
to overcome or prevent another's resistance by either of the	4323
following:	4324

(a) The use, display, or suggestion of possession of a	4325
dangerous weapon or object;	4326

(b) Physical violence, strength, power, or restraint applied	4327
to another person sufficient to prevent the other person from	4328
avoiding or escaping sexual contact.	4329

(6) "Grievous bodily harm" means serious bodily injury,	4330
including but not limited to fractured or dislocated bones, deep	4331
cuts, torn members of the body, and serious damage to internal	4332
organs.	4333

(7) "Indecent conduct" means that form of immorality relating	4334
to sexual impurity that is grossly vulgar, obscene, and repugnant	4335
to common propriety and tends to excite sexual desire or deprave	4336
morals with respect to sexual relations. Indecent conduct includes	4337
observing or making a videotape, photograph, motion picture,	4338
print, negative, slide, or other mechanically, electronically, or	4339
chemically reproduced visual material, without another person's	4340
consent and contrary to that other person's reasonable expectation	4341
of privacy, of either of the following:	4342

(a) That other person's genitalia, anus, or buttocks, or, if	4343
that other person is female, that person's areola or nipple;	4344

(b) That other person while that other person is engaged in a	4345
sexual act, sexual contact, or sodomy.	4346

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

4347

(a) Physical injury to the person or property of a person	4348
other than the victim of the offense;	4349

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

4350

(i) Accuse any person of a crime;

4351

(ii) Expose a secret or publicize an asserted fact, whether	4352
true or false, tending to subject some person to hatred, contempt,	4353
or ridicule;	4354

(iii) Through the use or abuse of military position, rank, or	4355
authority, to affect or threaten to affect, either positively or	4356
negatively, the military career of some person.	4357

(9) "Mistake of fact as to consent" means a belief that is	4358
incorrect, as a result of ignorance or mistake, that a person	4359
engaging in sexual conduct consented to engage in that conduct, if	4360
both of the following apply:	4361

(a) The ignorance or mistake existed in the mind of the	4362
accused at the time the sexual conduct in issue occurred and was	4363
based on information or lack of information that would have	4364
indicated to a reasonable person that the other person consented;	4365

(b) The ignorance or mistake was not based on the accused's	4366
failure to discover facts that a reasonably careful person would	4367
have discovered under the same or similar circumstances.	4368

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

4369

(a) Contact between the penis and the vulva, including any	4370
penetration, however slight;	4371

(b) Anal intercourse, fellatio, and cunnilingus between	4372
persons, regardless of sex;	4373

(c) The penetration, however slight, of the genital opening	4374
of another by a hand or finger or any object with an intent to	4375
abuse, humiliate, harass, or degrade any person or to arouse or	4376
gratify the sexual desire of any person.	4377

(11) "Sexual contact" means the intentional touching, either	4378
directly or through clothing, of the genitalia, anus, groin,	4379
breast, inner thigh, or buttocks of another person with an intent	4380
to abuse, humiliate, or degrade any person or to arouse or gratify	4381
the sexual desire of any person.	4382

(12) "Sexual conduct" means any act that is prohibited by	4383
this section.	4384

(13)(a) For purposes of divisions (B) and (D) of this	4385
section, "threatening or placing that other person in fear" means	4386
making a communication or performing an action of sufficient	4387
consequence to cause that other person to reasonably fear that	4388
noncompliance will result in that person or another being	4389
subjected to death, grievous bodily harm, or kidnapping.	4390

(b) For purposes of divisions (C) and (E) of this section,	4391
"threatening or placing that other person in fear" means making a	4392
communication or performing an action of sufficient consequence to	4393
cause a victim of the offense to reasonably fear that	4394
noncompliance will result in the victim or another being subjected	4395
to a lesser degree of harm than death, grievous bodily harm, or	4396
kidnapping.	4397

(B) Any person subject to this chapter who causes another	4398
person of any age to engage in a sexual act by doing any of the	4399
following is guilty of rape and shall be punished as a	4400
court-martial may direct:	4401

(1) Using force against that other person;

4402

(2) Causing grievous bodily harm to any person;

4403

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

4404

(4) Rendering another person unconscious;

4405

(5) Administering to another person by force or threat of	4406
force, or without the knowledge or permission of that person, a	4407
drug, intoxicant, or other similar substance that substantially	4408
impairs the ability of that other person to appraise or control	4409
conduct.	4410

(C) Any person subject to this chapter who does either of the	4411
following is guilty of aggravated sexual assault and shall be	4412
punished as a court-martial may direct:	4413

(1) Causes another person of any age to engage in a sexual	4414
act by doing either of the following:	4415

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

4416

(b) Causing bodily harm.

4417

(2) Engages in a sexual act with another person of any age if	4418
that other person is substantially incapable of doing any of the	4419
following:	4420

(a) Appraising the nature of the sexual act;

4421

(b) Declining to participate in the sexual act;

4422

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

4423

(D) Any person subject to this chapter who engages in sexual	4424
contact or causes sexual contact with or by another person by	4425
doing any of the following is guilty of aggravated sexual contact	4426
and shall be punished as a court-martial may direct:	4427

(1) Using force against that other person;

4428

(2) Causing grievous bodily harm to any person;

4429

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

4430

(4) Rendering another person unconscious;

4431

(5) Administering to another person by force or threat of	4432
force, or without the knowledge or permission of that person, a	4433
drug, intoxicant, or other similar substance that substantially	4434
impairs the ability of that other person to appraise or control	4435
conduct.	4436

(E) Any person subject to this chapter who does either of the	4437
following is guilty of abusive sexual contact and shall be	4438
punished as a court-martial may direct:	4439

(1) Engages in or causes sexual contact with or by another	4440
person by doing either of the following:	4441

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

4442

(b) Causing bodily harm.

4443

(2) Engages in sexual contact with another person of any age	4444
if that other person is substantially incapable of doing any of	4445
the following:	4446

(a) Appraising the nature of the sexual contact;

4447

(b) Declining to participate in the sexual contact;

4448

(c) Communicating unwillingness to engage in the sexual	4449
contact.	4450

(F) Any person subject to this chapter who engages in	4451
indecent conduct is guilty of an indecent act and shall be	4452
punished as a court-martial may direct.	4453

(G) Any person subject to this chapter who, without legal	4454
justification or lawful authorization, engages in sexual contact	4455
with another person without that other person's permission is	4456
guilty of wrongful sexual contact and shall be punished as a	4457
court-martial may direct.	4458

(H) Any person subject to this chapter who intentionally	4459
exposes, in an indecent manner, in any place where the conduct	4460
involved may reasonably be expected to be viewed by people other	4461
than members of the person's family or household, the person's	4462
genitalia, anus, buttock, or female areola or nipple is guilty of	4463
indecent exposure and shall be punished as a court-martial may	4464
direct.	4465

(I)In a prosecution under this section, in proving that the	4466
accused made a threat, it need not be proven that the accused	4467
actually intended to carry out the threat.	4468

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	4469
this section, it is an affirmative defense that the accused and	4470
the other person, when they engaged in the sexual conduct were	4471
married to each other.	4472

(2) Division (J)(1) of this section does not apply if the	4473
accused's intent at the time of the sexual conduct is to abuse,	4474
humiliate, or degrade any person.	4475

(K)(1) Lack of permission is an element of the offense under	4476
division (G) of this section. Consent and mistake of fact as to	4477
consent are affirmative defenses only to the sexual conduct in	4478
issue in a prosecution under division (B), (C), (D), or (E) of	4479
this section.	4480

(2) The enumeration in this section of some affirmative	4481
defenses shall not be construed as excluding the existence of	4482
other affirmative defenses.	4483

(3) The accused has the burden of proving an affirmative	4484
defense by a preponderance of evidence. After the defense meets	4485
this burden, the prosecution has the burden of proving beyond a	4486
reasonable doubt that the affirmative defense did not exist.	4487

(L)(1) An expression of lack of consent through words or	4488
conduct means there is no consent. Lack of verbal or physical	4489
resistance or submission resulting from an accused's use of force,	4490
threat of force, or placing another person in fear does not	4491
constitute consent. A current or previous dating relationship by	4492
itself or the manner of dress of a person involved with the	4493
accused in the sexual conduct does not constitute consent.	4494

(2) A person cannot consent to sexual conduct if the person	4495
is substantially incapable of any of the following:	4496

(a) Appraising the nature of the sexual conduct due to mental	4497
impairment or unconsciousness resulting from consumption of	4498
alcohol, drugs, or a similar substance or any other cause or to	4499
mental disease or defect that renders the person unable to	4500
understand the nature of the sexual conduct;	4501

(b) Physically declining to participate in the sexual	4502
conduct;	4503

(c) Physically communicating unwillingness to engage in the	4504
sexual conduct.	4505

(M) An accused's state of intoxication, if any, at the time	4506
of an offense under this section occurs is not relevant to the	4507
existence of a mistake of fact as to consent.	4508

Sec. 5924.128.  (A) Any person subject to this code who	4509
attempts or offers with unlawful force or violence to do bodily	4510
harm to another person, whether or not the attempt or offer is	4511
consummated, is guilty of assault and shall be punished as a	4512
court-martial may direct.	4513

(B) Any person subject to this code who does either of the	4514
following is guilty of aggravated assault and shall be punished as	4515
a court-martial may direct:	4516

(1) Commits an assault with a dangerous weapon or other means	4517
or force likely to produce death or grievous bodily harm; or	4518

(2) Commits an assault and intentionally inflicts grievous	4519
bodily harm with or without a weapon;	4520

is guilty of aggravated assault and shall be punished as a	4521
court-martial may direct.	4522

Sec. 5924.131.  Any person subject to this code who, in a	4523
judicial proceeding or in a course of justice conducted under this	4524
code, willfully and corruptly gives, upondoes either of the	4525
following is guilty of perjury and shall be punished as a	4526
court-martial may direct:	4527

(A) Upon a lawful oath or in any form allowed by law to be	4528
substituted for an oath, gives any false testimony material to the	4529
issue or matter of inquiry is guilty of perjury and shall be	4530
punished as a court-martial may direct;	4531

(B) In any declaration, certification, verification, or	4532
statement made under penalty of perjury subscribes any false	4533
statement material to the issue or matter of inquiry.	4534

Sec. 5924.132.  Any person subject to this code who does any	4535
of the following shall be punished as a court-martial may direct:	4536

(A) Who, knowing itKnowing a claim to be false or fraudulent	4537
does either of the following:	4538

(1) Makes any claim against the United States, the state, or	4539
any officer thereofof the United States or the state; or	4540

(2) Presents to any person in the civil or military service	4541
thereofof the United States or the state, for approval or	4542
payment, any claim against the United States, the state, or any	4543
officer thereofof the United States or the state;	4544

(B) Who, forFor the purpose of obtaining the approval,	4545
allowance, or payment of any claim against the United States, the	4546
state, or any officer thereofof the United States or the state	4547
does any of the following:	4548

(1) Makes or uses any writing or other paper knowing it to	4549
contain any false or fraudulent statements;	4550

(2) Makes any oath to any fact or to any writing or other	4551
paper knowing the oath to be false; or	4552

(3) Forges or counterfeits any signature upon any writing or	4553
other paper, or uses any suchforged or counterfeit signature	4554
knowing it to be forged or counterfeited;	4555

(C) Who, havingHaving charge, possession, custody, or	4556
control of any money, or other property of the United States or	4557
the state, furnished or intended for the armed forces of the	4558
United States or the organized militia or any force thereof,	4559
knowingly delivers to any person having authority to receive it,	4560
any amount thereof less than that for which hethe person making	4561
the delivery receives a certificate or receipt; or	4562

(D) Who, beingBeing authorized to make or deliver any paper	4563
certifying the receipt of any property of the United States or the	4564
state, furnished or intended for the armed forces of the United	4565
States or the organized militia or any force thereof, makes or	4566
delivers to any person such writing without having full knowledge	4567
of the truth of the statements therein contained and with intent	4568
to defraud the United States or the state;	4569

shall, upon conviction, be punished as a court-martial may direct.	4570

Sec. 5924.133.  Any commissioned officer who is convicted of	4571
conduct unbecoming an officer and a lady or gentleman shall be	4572
punished as a court-martial may direct.	4573

Sec. 5924.146.  No person may be tried or punished for any	4574
offense provided for in sections 5924.77 to 5924.134, inclusive,	4575
of the Revised Code and of this code, unless it was committed	4576
while hethe person was in a military or national guard technician	4577
duty status.	4578

Section 2. That existing sections 124.23, 124.26, 149.01,	4579
317.24, 3319.085, 3333.31, 3737.881, 3781.10, 5321.04, 5747.98,	4580
5902.02, 5903.10, 5903.11, 5911.07, 5923.12, 5924.01, 5924.02,	4581
5924.03, 5924.06, 5924.07, 5924.08, 5924.09, 5924.10, 5924.11,	4582
5924.13, 5924.14, 5924.15, 5924.16, 5924.17, 5924.18, 5924.19,	4583
5924.20, 5924.22, 5924.23, 5924.24, 5924.25, 5924.26, 5924.27,	4584
5924.28, 5924.29, 5924.30, 5924.31, 5924.32, 5924.33, 5924.34,	4585
5924.35, 5924.36, 5924.37, 5924.38, 5924.39, 5924.41, 5924.42,	4586
5924.43, 5924.44, 5924.45, 5924.46, 5924.47, 5924.48, 5924.49,	4587
5924.50, 5924.51, 5924.52, 5924.54, 5924.56, 5924.57, 5924.58,	4588
5924.59, 5924.60, 5924.63, 5924.72, 5924.73, 5924.74, 5924.75,	4589
5924.76, 5924.77, 5924.78, 5924.82, 5924.83, 5924.84, 5924.85,	4590
5924.86, 5924.87, 5924.88, 5924.89, 5924.90, 5924.91, 5924.92,	4591
5924.93, 5924.94, 5924.95, 5924.96, 5924.97, 5924.98, 5924.103,	4592
5924.108, 5924.109, 5924.111, 5924.113, 5924.115, 5924.128,	4593
5924.131, 5924.132, 5924.133, and 5924.146 and sections 5924.04,	4594
5924.12, 5924.21, 5924.61, 5924.62, 5924.64, 5924.65, 5924.66,	4595
5924.70, 5924.71, 5924.99, 5924.100, 5924.101, 5924.102,	4596
5924.104, 5924.105, 5924.106, 5924.110, 5924.114, 5924.118,	4597
5924.119, 5924.120, 5924.122, 5924.1231, 5924.124, 5924.125,	4598
5924.126, 5924.129, 5924.130, 5924.145, and 5924.147 of the	4599
Revised Code are hereby repealed.	4600