As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 288

Senator LaRose 

Cosponsors: Senators Seitz, Patton 

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A BILL

To amend sections 124.23, 124.26, 3319.085, 3737.881,

1

3781.10, 4123.022, 5321.04, 5903.10, 5903.11,

2

5911.07, 5923.12, 5924.01, 5924.02, 5924.03,

3

5924.06, 5924.07, 5924.08, 5924.09, 5924.10,

4

5924.11, 5924.13, 5924.14, 5924.15, 5924.16,

5

5924.17, 5924.18, 5924.19, 5924.20, 5924.22,

6

5924.23, 5924.24, 5924.25, 5924.26, 5924.27,

7

5924.28, 5924.29, 5924.30, 5924.31, 5924.32,

8

5924.33, 5924.34, 5924.35, 5924.36, 5924.37,

9

5924.38, 5924.39, 5924.41, 5924.42, 5924.43,

10

5924.44, 5924.45, 5924.46, 5924.47, 5924.48,

11

5924.49, 5924.50, 5924.51, 5924.52, 5924.54,

12

5924.56, 5924.57, 5924.58, 5924.59, 5924.60,

13

5924.63, 5924.72, 5924.73, 5924.74, 5924.75,

14

5924.76, 5924.77, 5924.78, 5924.82, 5924.83,

15

5924.84, 5924.85, 5924.86, 5924.87, 5924.88,

16

5924.89, 5924.90, 5924.91, 5924.92, 5924.93,

17

5924.94, 5924.95, 5924.96, 5924.97, 5924.98,

18

5924.103, 5924.108, 5924.109, 5924.111, 5924.113,

19

5924.115, 5924.128, 5924.131, 5924.132, 5924.133,

20

and 5924.146, to enact new sections 5924.21,

21

5924.61, 5924.62, 5924.64, 5924.65, 5924.66,

22

5924.70, 5924.71, and 5924.120 and sections

23

4743.04, 5924.501, 5924.502, 5924.503, 5924.504,

24

5924.505, 5924.506, 5924.581, 5924.582, 5924.67,

25

5924.68, 5924.69, 5924.761, and 5924.1121, and to

26

repeal sections 5924.04, 5924.12, 5924.21,

27

5924.61, 5924.62, 5924.64, 5924.65, 5924.66,

28

5924.70, 5924.71, 5924.99, 5924.100, 5924.101,

29

5924.102, 5924.104, 5924.105, 5924.106, 5924.110,

30

5924.114, 5924.118, 5924.119, 5924.120, 5924.122,

31

5924.1231, 5924.124, 5924.125, 5924.126, 5924.129,

32

5924.130, 5924.145, and 5924.147 of the Revised

33

Code to allow extra credit to military veterans

34

and reserve component members on state civil

35

service examinations, to provide for the

36

reemployment of nonteaching school employees

37

following military service in accordance with

38

federal law, to extend the period of time within

39

which persons serving in the Ohio National Guard

40

may meet continuing education requirements for

41

occupational licenses and renew their licenses, to

42

require that workers' compensation claims of

43

members of the organized militia be determined in

44

accordance with applicable line of duty

45

regulations, to require landlords to observe the

46

rights of tenants who are service members under

47

federal law, to recognize former members of the

48

Ohio National Guard as veterans with regard to

49

burial and related rights, to modify the order of

50

priority in which veterans may participate in job

51

training programs, to permit but not require the

52

use of armories by patriotic and national

53

organizations, to update references in the Revised

54

Code to federal statutes relating to the National

55

Guard, to conform the Ohio Code of Military

56

Justice to the United States Code of Military

57

Justice, and to make other changes to the Ohio

58

Code of Military Justice.

59

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

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

Sec. 124.23.  (A) All applicants for positions and places in	80
the classified service shall be subject to examination, except for	81
applicants for positions as professional or certified service and	82
paraprofessional employees of county boards of developmental	83
disabilities, who shall be hired in the manner provided in section	84
124.241 of the Revised Code.	85

(B) Any examination administered under this section shall be	86
public and be open to all citizens of the United States and those	87
persons who have legally declared their intentions of becoming	88
United States citizens. For examinations administered for	89
positions in the service of the state, the director of	90
administrative services or the director's designee may determine	91
certain limitations as to citizenship, age, experience, education,	92
health, habit, and moral character.	93

(C)(1) Any person who has completed service in the uniformed	94
services, who has been honorably discharged from the uniformed	95
services or transferred to the reserve with evidence of	96
satisfactory service, and who is a resident of this state and any	97
member of the national guard or a reserve component of the armed	98
forces of the United States, including the Ohio national guard,	99
who has completed more than one hundred eighty days of active duty	100
service pursuant to an executive order of the president of the	101
United States or an act of the congress of the United States may	102
file with the director a certificate of service or honorable	103
discharge, and, upon this filing, the person shall receive	104
additional credit of twenty per cent of the person's total grade	105
given in the examination in which the person receives a passing	106
grade.	107

(2) A member in good standing of a reserve component of the	108
armed forces of the United States, including the Ohio national	109
guard, who successfully completes the member's initial entry-level	110
training shall receive a credit of fifteen per cent of the	111
person's total grade given in the examination in which the person	112
receives a passing grade.	113

(3) As used in this division, "service in the uniformed	114
services" and "uniformed services" have the same meanings as in	115
the "Uniformed Services Employment and Reemployment Rights Act of	116
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	117

(D) An examination may include an evaluation of such factors	118
as education, training, capacity, knowledge, manual dexterity, and	119
physical or psychological fitness. An examination shall consist of	120
one or more tests in any combination. Tests may be written, oral,	121
physical, demonstration of skill, or an evaluation of training and	122
experiences and shall be designed to fairly test the relative	123
capacity of the persons examined to discharge the particular	124
duties of the position for which appointment is sought. Tests may	125
include structured interviews, assessment centers, work	126
simulations, examinations of knowledge, skills, and abilities, and	127
any other acceptable testing methods. If minimum or maximum	128
requirements are established for any examination, they shall be	129
specified in the examination announcement.	130

(E) Except as otherwise provided in sections 124.01 to 124.64	131
of the Revised Code, when a position in the classified service of	132
the state is to be filled, an examination shall be administered.	133
The director of administrative services shall have control of all	134
examinations administered for positions in the service of the	135
state and all other examinations the director administers as	136
provided in section 124.07 of the Revised Code, except as	137
otherwise provided in sections 124.01 to 124.64 of the Revised	138
Code. The director shall, by rule adopted under Chapter 119. of	139
the Revised Code, prescribe the notification method that is to be	140
used by an appointing authority to notify the director that a	141
position in the classified service of the state is to be filled.	142
In addition to the positions described in section 124.30 of the	143
Revised Code, the director may, with sufficient justification from	144
the appointing authority, allow the appointing authority to fill	145
the position by noncompetitive examination. The director shall	146
establish, by rule adopted under Chapter 119. of the Revised Code,	147
standards that the director shall use to determine what serves as	148
sufficient justification from an appointing authority to fill a	149
position by noncompetitive examination.	150

(F) No questions in any examination shall relate to political	151
or religious opinions or affiliations. No credit for seniority,	152
efficiency, or any other reason shall be added to an applicant's	153
examination grade unless the applicant achieves at least the	154
minimum passing grade on the examination without counting that	155
extra credit.	156

(G) Except as otherwise provided in sections 124.01 to 124.64	157
of the Revised Code, the director of administrative services or	158
the director's designee shall give reasonable notice of the time,	159
place, and general scope of every competitive examination for	160
appointment that the director or the director's designee	161
administers for positions in the classified service of the state.	162
The director or the director's designee shall post notices via	163
electronic media of every examination to be conducted for	164
positions in the classified civil service of the state. The	165
electronic notice shall be posted on the director's internet site	166
on the world wide web for a minimum of one week preceding any	167
examination involved.	168

Sec. 124.26.  From the returns of the examinations, the	169
director of administrative services or the director's designee	170
shall prepare an eligible list of the persons whose general	171
average standing upon examinations for the class or position is	172
not less than the minimum fixed by the rules of the director, and	173
who are otherwise eligible. Those persons shall take rank upon the	174
eligible list as candidates in the order of their relative	175
excellence as determined by the examination without reference to	176
priority of the time of examination. If two or more applicants	177
receive the same mark in an open competitive examination, priority	178
in the time of filing the application with the director or the	179
director's designee shall determine the order in which their names	180
shall be placed on the eligible list, except that applicants	181
eligible for the veteran's or the reserve component member's	182
preference under section 124.23 of the Revised Code shall receive	183
priority in rank on the eligible list over nonveterans and	184
nonmembers of the reserve component on the list with a rating	185
equal to that of the veteran or reserve component member. Ties	186
among veterans or among reserve component members shall be decided	187
by priority of filing the application. A tie between a veteran	188
and a reserve component member shall be decided in favor of the	189
veteran.	190

. An eligible list expires upon the filling or closing of the	191
position. An expired eligible list may be used to fill a position	192
of the same classification within the same appointing authority	193
for which the list was created. But, in no event shall an expired	194
list be used more than one year past its expiration date.	195

Sec. 3319.085.  Any nonteaching school employee who,	196
subsequent to September 1, 1962, has left, or leaves, the employ	197
of a board of education for the purpose of entering on extended	198
active duty in the armed services of the United States or the	199
auxiliaries thereof, and within eight weeks enters such service	200
performs service in the uniformed services or service under	201
section 5923.12 of the Revised Code and who has returned, or	202
returns, from suchthat service with an honorablea discharge	203
under honorable conditions or certificate ofis released from	204
service under section 5923.12 of the Revised Code shall be	205
re-employed by the board of education of the district in which he	206
the nonteaching school employee held suchthe nonteaching school	207
employee position, under the same type of contract as that which	208
he last held in such district, if such nonteaching school employee	209
applies, within ninety days after such discharge, to such board of	210
education for re-employment. Upon such application, such	211
nonteaching school employee shall be re-employed at the first of	212
the next school semester, if such application is made not less	213
than thirty days prior to the first of such next school semester,	214
in which case such nonteaching school employee shall be	215
re-employed the first of the following school semester, unless the	216
board of education waives the requirement for such thirty-day	217
period.	218

For the purposes of seniority and placement on the salary	219
schedule, years of absence on extended active duty in the armed	220
services of the United States or the auxiliaries thereof shall not	221
exceed four, and shall be counted as though school service had	222
been performed during such timeas required by the "Uniformed	223
Services Employment and Reemployment Rights Act of 1994," 108	224
Stat. 3149, 38 U.S.C. 4303.	225

The board of education of thisthe district in which suchthe	226
nonteaching school employee was employed and is re-employed under	227
this section may suspend the contract of the nonteaching school	228
employee whose services become unnecessary by reason of the return	229
of a nonteaching school employee from service in the armed	230
uniformed services or auxiliaries thereof.	231

As used in this section, "service in the uniformed services"	232
and "uniformed services" have the same meanings as in the	233
"Uniformed Services Employment and Reemployment Rights Act of	234
1994," 108 Stat. 3149, 38 U.S.C. 4303.	235

Sec. 3737.881.  (A) The fire marshal shall certify	236
underground storage tank systems installers who meet the standards	237
for certification established in rules adopted under division	238
(D)(1) of this section, pass the certification examination	239
required by this division, and pay the certificate fee established	240
in rules adopted under division (D)(5) of this section. Any	241
individual who wishes to obtain certification as an installer	242
shall apply to the fire marshal on a form prescribed by the fire	243
marshal. The application shall be accompanied by the application	244
and examination fees established in rules adopted under division	245
(D)(5) of this section.	246

The fire marshal shall prescribe an examination designed to	247
test the knowledge of applicants for certification as underground	248
storage tank system installers in the installation, repair,	249
abandonment, and removal of those systems. The examination shall	250
also test the applicants' knowledge and understanding of the	251
requirements and standards established in rules adopted under	252
sections 3737.88 and 3737.882 of the Revised Code pertaining to	253
the installation, repair, abandonment, and removal of those	254
systems.	255

Installer certifications issued under this division shall be	256
renewed annually, upon submission of a certification renewal form	257
prescribed by the fire marshal, provision of proof of successful	258
completion of continuing education requirements, and payment of	259
the certification renewal fee established in rules adopted under	260
division (D)(5) of this section. In addition, the fire marshal may	261
from time to time prescribe an examination for certification	262
renewal and may require applicants to pass the examination and pay	263
the fee established for it in rules adopted under division (D)(5)	264
of this section.	265

The fire marshal may, in accordance with Chapter 119. of the	266
Revised Code, deny, suspend, revoke, or refuse to renew an	267
installer's certification or renewal thereof if he findsafter	268
finding that any of the following applies:	269

(1) The applicant for certification or certificate holder	270
fails to meet the standards for certification or renewal thereof	271
under this section and rules adopted under it;	272

(2) The certification was obtained through fraud or	273
misrepresentation;	274

(3) The certificate holder recklessly caused or permitted a	275
person under histhe certificate holder's supervision to install,	276
perform major repairs on site to, abandon, or remove an	277
underground storage tank system in violation of the performance	278
standards set forth in rules adopted under section 3737.88 or	279
3737.882 of the Revised Code.	280

As used in division (A)(3) of this section, "recklessly" has	281
the same meaning as in section 2901.22 of the Revised Code.	282

(B) The fire marshal shall certify persons who sponsor	283
training programs for underground storage tank system installers	284
who meet the criteria for certification established in rules	285
adopted by the fire marshal under division (D)(4) of this section	286
and pay the certificate fee established in rules adopted under	287
division (D)(5) of this section. Any person who wishes to obtain	288
certification to sponsor such a training program shall apply to	289
the fire marshal on a form prescribed by himthe fire marshal.	290
Training program certificates issued under this division shall	291
expire annually. Upon submission of a certification renewal	292
application form prescribed by the fire marshal and payment of the	293
application and certification renewal fees established in rules	294
adopted under division (D)(5) of this section, the fire marshal	295
shall issue a training program renewal certificate to the	296
applicant.	297

The fire marshal may, in accordance with Chapter 119. of the	298
Revised Code, deny an application for, suspend, or revoke a	299
training program certificate or renewal thereof if he findsor	300
renewal of a training program certificate after finding that the	301
training program does not or will not meet the standards for	302
certification established in rules adopted under division (D)(4)	303
of this section.	304

(C) The fire marshal may conduct or cause to be conducted	305
training programs for underground storage tank systems installers	306
as hethe fire marshal considers to be necessary or appropriate.	307
The fire marshal is not subject to division (B) of this section	308
with respect to training programs conducted by employees of the	309
office of the fire marshal.	310

(D) The fire marshal shall adopt, and may amend and rescind,	311
rules doing all of the following:	312

(1) Defining the activities that constitute supervision over	313
the installation, performance of major repairs on site to,	314
abandonment of, and removal of underground storage tank systems;	315

(2) Establishing standards and procedures for certification	316
of underground storage tank systems installers;	317

(3) Establishing standards and procedures for continuing	318
education for certification renewal, subject to the provisions of	319
section 5903.12 of the Revised Code relating to active duty	320
military service;	321

(4) Establishing standards and procedures for certification	322
of training programs for installers;	323

(5) Establishing fees for applications for certifications	324
under this section, the examinations prescribed under division (A)	325
of this section, the issuance and renewal of certificates under	326
divisions (A) and (B) of this section, and attendance at training	327
programs conducted by the fire marshal under division (C) of this	328
section. Fees received under this section shall be credited to the	329
underground storage tank administration fund created in section	330
3737.02 of the Revised Code and shall be used to defray the costs	331
of implementing, administering, and enforcing this section and the	332
rules adopted thereunder, conducting training sessions, and	333
facilitating prevention of releases.	334

(6) That are necessary or appropriate for the implementation,	335
administration, and enforcement of this section.	336

(E) Nothing in this section or the rules adopted under it	337
prohibits an owner or operator of an underground storage tank	338
system from installing, making major repairs on site to,	339
abandoning, or removing an underground storage tank system under	340
the supervision of an installer certified under division (A) of	341
this section who is a full-time or part-time employee of the owner	342
or operator.	343

(F) On and after the date one hundred eighty days after the	344
effective date of this sectionJanuary 7, 1990, no person shall do	345
any of the following:	346

(1) Install, make major repairs on site to, abandon, or	347
remove an underground storage tank system unless the activity is	348
performed under the supervision of a qualified individual who	349
holds a valid installer certificate issued under division (A) of	350
this section;	351

(2) Act in the capacity of providing supervision for the	352
installation of, performance of major repairs on site to,	353
abandonment of, or removal of an underground storage tank system	354
unless the person holds a valid installer certificate issued under	355
division (A) of this section;	356

(3) Except as provided in division (C) of this section,	357
sponsor a training program for underground storage tank systems	358
installers unless the person holds a valid training program	359
certificate issued under division (B) of this section.	360

Sec. 3781.10. (A)(1) The board of building standards shall	361
formulate and adopt rules governing the erection, construction,	362
repair, alteration, and maintenance of all buildings or classes of	363
buildings specified in section 3781.06 of the Revised Code,	364
including land area incidental to those buildings, the	365
construction of industrialized units, the installation of	366
equipment, and the standards or requirements for materials used in	367
connection with those buildings. The board shall incorporate those	368
rules into separate residential and nonresidential building codes.	369
The standards shall relate to the conservation of energy and the	370
safety and sanitation of those buildings.	371

(2) The rules governing nonresidential buildings are the	372
lawful minimum requirements specified for those buildings and	373
industrialized units, except that no rule other than as provided	374
in division (C) of section 3781.108 of the Revised Code that	375
specifies a higher requirement than is imposed by any section of	376
the Revised Code is enforceable. The rules governing residential	377
buildings are uniform requirements for residential buildings in	378
any area with a building department certified to enforce the state	379
residential building code. In no case shall any local code or	380
regulation differ from the state residential building code unless	381
that code or regulation addresses subject matter not addressed by	382
the state residential building code or is adopted pursuant to	383
section 3781.01 of the Revised Code.	384

(3) The rules adopted pursuant to this section are complete,	385
lawful alternatives to any requirements specified for buildings or	386
industrialized units in any section of the Revised Code. Except as	387
otherwise provided in division (I) of this section, the board	388
shall, on its own motion or on application made under sections	389
3781.12 and 3781.13 of the Revised Code, formulate, propose,	390
adopt, modify, amend, or repeal the rules to the extent necessary	391
or desirable to effectuate the purposes of sections 3781.06 to	392
3781.18 of the Revised Code.	393

(B) The board shall report to the general assembly proposals	394
for amendments to existing statutes relating to the purposes	395
declared in section 3781.06 of the Revised Code that public health	396
and safety and the development of the arts require and shall	397
recommend any additional legislation to assist in carrying out	398
fully, in statutory form, the purposes declared in that section.	399
The board shall prepare and submit to the general assembly a	400
summary report of the number, nature, and disposition of the	401
petitions filed under sections 3781.13 and 3781.14 of the Revised	402
Code.	403

(C) On its own motion or on application made under sections	404
3781.12 and 3781.13 of the Revised Code, and after thorough	405
testing and evaluation, the board shall determine by rule that any	406
particular fixture, device, material, process of manufacture,	407
manufactured unit or component, method of manufacture, system, or	408
method of construction complies with performance standards adopted	409
pursuant to section 3781.11 of the Revised Code. The board shall	410
make its determination with regard to adaptability for safe and	411
sanitary erection, use, or construction, to that described in any	412
section of the Revised Code, wherever the use of a fixture,	413
device, material, method of manufacture, system, or method of	414
construction described in that section of the Revised Code is	415
permitted by law. The board shall amend or annul any rule or issue	416
an authorization for the use of a new material or manufactured	417
unit on any like application. No department, officer, board, or	418
commission of the state other than the board of building standards	419
or the board of building appeals shall permit the use of any	420
fixture, device, material, method of manufacture, newly designed	421
product, system, or method of construction at variance with what	422
is described in any rule the board of building standards adopts or	423
issues or that is authorized by any section of the Revised Code.	424
Nothing in this section shall be construed as requiring approval,	425
by rule, of plans for an industrialized unit that conforms with	426
the rules the board of building standards adopts pursuant to	427
section 3781.11 of the Revised Code.	428

(D) The board shall recommend rules, codes, and standards to	429
help carry out the purposes of section 3781.06 of the Revised Code	430
and to help secure uniformity of state administrative rulings and	431
local legislation and administrative action to the bureau of	432
workers' compensation, the director of commerce, any other	433
department, officer, board, or commission of the state, and to	434
legislative authorities and building departments of counties,	435
townships, and municipal corporations, and shall recommend that	436
they audit those recommended rules, codes, and standards by any	437
appropriate action that they are allowed pursuant to law or the	438
constitution.	439

(E)(1) The board shall certify municipal, township, and	440
county building departments and the personnel of those building	441
departments, and persons and employees of individuals, firms, or	442
corporations as described in division (E)(7) of this section to	443
exercise enforcement authority, to accept and approve plans and	444
specifications, and to make inspections, pursuant to sections	445
3781.03, 3791.04, and 4104.43 of the Revised Code.	446

(2) The board shall certify departments, personnel, and	447
persons to enforce the state residential building code, to enforce	448
the nonresidential building code, or to enforce both the	449
residential and the nonresidential building codes. Any department,	450
personnel, or person may enforce only the type of building code	451
for which certified.	452

(3) The board shall not require a building department, its	453
personnel, or any persons that it employs to be certified for	454
residential building code enforcement if that building department	455
does not enforce the state residential building code. The board	456
shall specify, in rules adopted pursuant to Chapter 119. of the	457
Revised Code, the requirements for certification for residential	458
and nonresidential building code enforcement, which shall be	459
consistent with this division. The requirements for residential	460
and nonresidential certification may differ. Except as otherwise	461
provided in this division, the requirements shall include, but are	462
not limited to, the satisfactory completion of an initial	463
examination and, to remain certified, the completion of a	464
specified number of hours of continuing building code education	465
within each three-year period following the date of certification	466
which shall be not less than thirty hours. The rules shall provide	467
that continuing education credits and certification issued by the	468
council of American building officials, national model code	469
organizations, and agencies or entities the board recognizes are	470
acceptable for purposes of this division. The rules shall specify	471
requirements that are consistent with the provisions of section	472
5903.12 of the Revised Code relating to active duty military	473
service and are compatible, to the extent possible, with	474
requirements the council of American building officials and	475
national model code organizations establish.	476

(4) The board shall establish and collect a certification and	477
renewal fee for building department personnel, and persons and	478
employees of persons, firms, or corporations as described in this	479
section, who are certified pursuant to this division.	480

(5) Any individual certified pursuant to this division shall	481
complete the number of hours of continuing building code education	482
that the board requires or, for failure to do so, forfeit	483
certification.	484

(6) This division does not require or authorize the board to	485
certify personnel of municipal, township, and county building	486
departments, and persons and employees of persons, firms, or	487
corporations as described in this section, whose responsibilities	488
do not include the exercise of enforcement authority, the approval	489
of plans and specifications, or making inspections under the state	490
residential and nonresidential building codes.	491

(7) Enforcement authority for approval of plans and	492
specifications and enforcement authority for inspections may be	493
exercised, and plans and specifications may be approved and	494
inspections may be made on behalf of a municipal corporation,	495
township, or county, by any of the following who the board of	496
building standards certifies:	497

(a) Officers or employees of the municipal corporation,	498
township, or county;	499

(b) Persons, or employees of persons, firms, or corporations,	500
pursuant to a contract to furnish architectural, engineering, or	501
other services to the municipal corporation, township, or county;	502

(c) Officers or employees of, and persons under contract	503
with, a municipal corporation, township, county, health district,	504
or other political subdivision, pursuant to a contract to furnish	505
architectural, engineering, or other services.	506

(8) Municipal, township, and county building departments have	507
jurisdiction within the meaning of sections 3781.03, 3791.04, and	508
4104.43 of the Revised Code, only with respect to the types of	509
buildings and subject matters for which they are certified under	510
this section.	511

(9) Certification shall be granted upon application by the	512
municipal corporation, the board of township trustees, or the	513
board of county commissioners and approval of that application by	514
the board of building standards. The application shall set forth:	515

(a) Whether the certification is requested for residential or	516
nonresidential buildings, or both;	517

(b) The number and qualifications of the staff composing the	518
building department;	519

(c) The names, addresses, and qualifications of persons,	520
firms, or corporations contracting to furnish work or services	521
pursuant to division (E)(7)(b) of this section;	522

(d) The names of any other municipal corporation, township,	523
county, health district, or political subdivision under contract	524
to furnish work or services pursuant to division (E)(7) of this	525
section;	526

(e) The proposed budget for the operation of the building	527
department.	528

(10) The board of building standards shall adopt rules	529
governing all of the following:	530

(a) The certification of building department personnel and	531
persons and employees of persons, firms, or corporations	532
exercising authority pursuant to division (E)(7) of this section.	533
The rules shall disqualify any employee of the department or	534
person who contracts for services with the department from	535
performing services for the department when that employee or	536
person would have to pass upon, inspect, or otherwise exercise	537
authority over any labor, material, or equipment the employee or	538
person furnishes for the construction, alteration, or maintenance	539
of a building or the preparation of working drawings or	540
specifications for work within the jurisdictional area of the	541
department. The department shall provide other similarly qualified	542
personnel to enforce the residential and nonresidential building	543
codes as they pertain to that work.	544

(b) The minimum services to be provided by a certified	545
building department.	546

(11) The board of building standards may revoke or suspend	547
certification to enforce the residential and nonresidential	548
building codes, on petition to the board by any person affected by	549
that enforcement or approval of plans, or by the board on its own	550
motion. Hearings shall be held and appeals permitted on any	551
proceedings for certification or revocation or suspension of	552
certification in the same manner as provided in section 3781.101	553
of the Revised Code for other proceedings of the board of building	554
standards.	555

(12) Upon certification, and until that authority is revoked,	556
any county or township building department shall enforce the	557
residential and nonresidential building codes for which it is	558
certified without regard to limitation upon the authority of	559
boards of county commissioners under Chapter 307. of the Revised	560
Code or boards of township trustees under Chapter 505. of the	561
Revised Code.	562

(F) In addition to hearings sections 3781.06 to 3781.18 and	563
3791.04 of the Revised Code require, the board of building	564
standards shall make investigations and tests, and require from	565
other state departments, officers, boards, and commissions	566
information the board considers necessary or desirable to assist	567
it in the discharge of any duty or the exercise of any power	568
mentioned in this section or in sections 3781.06 to 3781.18,	569
3791.04, and 4104.43 of the Revised Code.	570

(G) The board shall adopt rules and establish reasonable fees	571
for the review of all applications submitted where the applicant	572
applies for authority to use a new material, assembly, or product	573
of a manufacturing process. The fee shall bear some reasonable	574
relationship to the cost of the review or testing of the	575
materials, assembly, or products and for the notification of	576
approval or disapproval as provided in section 3781.12 of the	577
Revised Code.	578

(H) The residential construction advisory committee shall	579
provide the board with a proposal for a state residential building	580
code that the committee recommends pursuant to division (D)(1) of	581
section 4740.14 of the Revised Code. Upon receiving a	582
recommendation from the committee that is acceptable to the board,	583
the board shall adopt rules establishing that code as the state	584
residential building code.	585

(I)(1) The committee may provide the board with proposed	586
rules to update or amend the state residential building code that	587
the committee recommends pursuant to division (E) of section	588
4740.14 of the Revised Code.	589

(2) If the board receives a proposed rule to update or amend	590
the state residential building code as provided in division (I)(1)	591
of this section, the board either may accept or reject the	592
proposed rule for incorporation into the residential building	593
code. If the board does not act to either accept or reject the	594
proposed rule within ninety days after receiving the proposed rule	595
from the committee as described in division (I)(1) of this	596
section, the proposed rule shall become part of the residential	597
building code.	598

(J) The board shall cooperate with the director of job and	599
family services when the director promulgates rules pursuant to	600
section 5104.05 of the Revised Code regarding safety and	601
sanitation in type A family day-care homes.	602

(K) The board shall adopt rules to implement the requirements	603
of section 3781.108 of the Revised Code.	604

Sec. 4123.022.  Every member of the Ohio organized militia as	605
defined in section 5923.01 of the Revised Code shall, when called	606
to state active duty, be in the employment of the state for the	607
purposes of sections 4123.01 to 4123.94, inclusive, and 4123.99 of	608
the Revised Code. All claims of members of the organized militia	609
resulting from state active duty shall be determined in accordance	610
with applicable army or air force line of duty regulations.	611

Sec. 4743.04.  (A) The renewal of a license or other	612
authorization to practice a trade or profession issued under Title	613
XLVII of the Revised Code is subject to the provisions of section	614
5903.10 of the Revised Code relating to service in the armed	615
forces of the United States or the Ohio national guard.	616

(B) Continuing education requirements applicable to the	617
licensees under Title XLVII of the Revised Code are subject to the	618
provisions of section 5903.12 of the Revised Code relating to	619
active duty military service.	620

(C) A department, agency, or office of this state or of any	621
political subdivision of this state that issues a license or	622
certificate to practice a trade or profession may, pursuant to	623
rules adopted by the department, agency, or office, issue a	624
temporary license or certificate to practice the trade or	625
profession to a person whose spouse is on active military duty in	626
this state.	627

Sec. 5321.04.  (A) A landlord who is a party to a rental	628
agreement shall do all of the following:	629

(1) Comply with the requirements of all applicable building,	630
housing, health, and safety codes that materially affect health	631
and safety;	632

(2) Make all repairs and do whatever is reasonably necessary	633
to put and keep the premises in a fit and habitable condition;	634

(3) Keep all common areas of the premises in a safe and	635
sanitary condition;	636

(4) Maintain in good and safe working order and condition all	637
electrical, plumbing, sanitary, heating, ventilating, and air	638
conditioning fixtures and appliances, and elevators, supplied or	639
required to be supplied by himthe landlord;	640

(5) When hethe landlord is a party to any rental agreements	641
that cover four or more dwelling units in the same structure,	642
provide and maintain appropriate receptacles for the removal of	643
ashes, garbage, rubbish, and other waste incidental to the	644
occupancy of a dwelling unit, and arrange for their removal;	645

(6) Supply running water, reasonable amounts of hot water,	646
and reasonable heat at all times, except where the building that	647
includes the dwelling unit is not required by law to be equipped	648
for that purpose, or the dwelling unit is so constructed that heat	649
or hot water is generated by an installation within the exclusive	650
control of the tenant and supplied by a direct public utility	651
connection;	652

(7) Not abuse the right of access conferred by division (B)	653
of section 5321.05 of the Revised Code;	654

(8) Except in the case of emergency or if it is impracticable	655
to do so, give the tenant reasonable notice of histhe landlord's	656
intent to enter and enter only at reasonable times. Twenty-four	657
hours is presumed to be a reasonable notice in the absence of	658
evidence to the contrary.	659

(9) Promptly commence an action under Chapter 1923. of the	660
Revised Code, after complying with division (C) of section 5321.17	661
of the Revised Code, to remove a tenant from particular	662
residential premises, if the tenant fails to vacate the premises	663
within three days after the giving of the notice required by that	664
division and if the landlord has actual knowledge of or has	665
reasonable cause to believe that the tenant, any person in the	666
tenant's household, or any person on the premises with the consent	667
of the tenant previously has or presently is engaged in a	668
violation as described in division (A)(6)(a)(i) of section 1923.02	669
of the Revised Code, whether or not the tenant or other person has	670
been charged with, has pleaded guilty to or been convicted of, or	671
has been determined to be a delinquent child for an act that, if	672
committed by an adult, would be a violation as described in that	673
division. Such actual knowledge or reasonable cause to believe	674
shall be determined in accordance with that division.	675

(10) Comply with the rights of tenants under the	676
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	677
501.	678

(B) If the landlord makes an entry in violation of division	679
(A)(8) of this section, makes a lawful entry in an unreasonable	680
manner, or makes repeated demands for entry otherwise lawful that	681
have the effect of harassing the tenant, the tenant may recover	682
actual damages resulting from the entry or demands, obtain	683
injunctive relief to prevent the recurrence of the conduct, and	684
obtain a judgment for reasonable attorney's fees, or may terminate	685
the rental agreement.	686

Sec. 5903.10. Any(A) A holder of an expired license or	687
certificate from this state or any political subdivision or agency	688
of the state to practice a trade or profession, whose license or	689
certificate was not renewed because of the holder's service in the	690
armed forces of the United States, or in the national guard or in	691
a reserve component, shall, upon presentation of satisfactory	692
evidence of honorable discharge or separation under honorable	693
conditions therefrom within six months of such discharge or	694
separation, be granted a renewal of saidthe license or	695
certificate by the issuing board or authority at the usual cost	696
without penalty and without re-examination if not otherwise	697
disqualified because of mental or physical disability and if	698
either of the following applies:	699

(1) The license or certificate was not renewed because of the	700
holder's service in the armed forces of the United States or a	701
reserve component of the armed forces of the United States,	702
including the Ohio national guard.	703

(2) The license or certificate was not renewed because the	704
holder's spouse served in the armed forces of the United States or	705
a reserved component of the armed forces of the United States,	706
including the Ohio national guard, and the service resulted in the	707
holder's absence from this state.	708

(B) A renewal shall not be granted under division (A) of this	709
section unless the holder or the holder's spouse, whichever is	710
applicable, has presented satisfactory evidence of the service	711
member's discharge under honorable conditions or release under	712
honorable conditions from active duty or national guard duty	713
within six months after the discharge or release.	714

Sec. 5903.11.  (A) Any federally funded employment and	715
training program administered by any state agency including, but	716
not limited to, the "Job Training PartnershipWorkforce Investment	717
Act of 1998," 96112 Stat. 1322(1982)936, codified in scattered	718
sections of 29 U.S.C.A. 1501, as amended, shall include a veteran	719
priority system to provide maximum employment and training	720
opportunities to veterans and other eligible persons within each	721
targeted group as established by federal law and state and federal	722
policy in the service area. Disabled veterans, veterans of the	723
Vietnam era, other veterans, and other eligible persons shall	724
receive preference over nonveterans within each targeted group in	725
the provision of employment and training services available	726
through these programs as required by this section.	727

(B) Each state agency shall refer qualified applicants to job	728
openings and training opportunities in programs described in	729
division (A) of this section in the following order of priority:	730

(1) Special disabled veterans;

731

(2) Veterans of the Vietnam era;

732

(3) Disabled veterans;

733

(4) All other veterans;

734

(5) Other eligible persons;

735

(6) Nonveterans.

736

(C) Each state agency providing employment and training	737
services to veterans and other eligible persons under programs	738
described in division (A) of this section shall submit an annual	739
written report to the speaker of the house of representatives and	740
the president of the senate on the services that it provides to	741
veterans and other eligible persons. Each such agency shall report	742
separately on all entitlement programs, employment or training	743
programs, and any other programs that it provides to each class of	744
persons described in divisions (B)(1) to (6) of this section. Each	745
such agency shall also report on action taken to ensure compliance	746
with statutory requirements. Compliance and reporting procedures	747
shall be in accordance with the reporting procedures then in	748
effect for all employment and training programs described in	749
division (A) of this section, with the addition of veterans as a	750
separate reporting module.	751

(D) All state agencies that administer federally funded	752
employment and training programs described in division (A) of this	753
section for veterans and other eligible persons shall do all of	754
the following:	755

(1) Ensure that veterans are treated with courtesy and	756
respect at all state governmental facilities;	757

(2) Give priority in referral to jobs to qualified veterans	758
and other eligible persons;	759

(3) Give priority in referral to and enrollment in training	760
programs to qualified veterans and other eligible persons;	761

(4) Give preferential treatment to special disabled veterans	762
in the provision of all needed state services;	763

(5) Provide information and effective referral assistance to	764
veterans and other eligible persons regarding needed benefits and	765
services that may be obtained through other agencies.	766

(E) As used in this section:

767

(1) "Special disabled veteran" means a veteran who is	768
entitled to, or who but for the receipt of military pay would be	769
entitled to, compensation under any law administered by the	770
department of veterans affairs for a disability rated at thirty	771
per cent or more or a person who was discharged or released from	772
active duty because of a service-connected disability.	773

(2) "Veteran of the Vietnam era" means an eligible veteran	774
who served on active duty for a period of more than one hundred	775
eighty days, any part of which occurred from August 5, 1964,	776
through May 7, 1975, and was discharged or released therefrom with	777
other than a dishonorable discharge or a person who was discharged	778
or released from active duty for a service-connected disability if	779
any part of the active duty was performed from August 5, 1964,	780
through May 7, 1975.	781

(3) "Disabled veteran" means a veteran who is entitled to, or	782
who but for the receipt of military retirement pay would be	783
entitled to compensation, under any law administered by the	784
department of veterans affairs and who is not a special disabled	785
veteran.	786

(4) "Eligible veteran" means a person who served on active	787
duty for more than one hundred eighty days and was discharged or	788
released from active duty with other than a dishonorable discharge	789
or a person who was discharged or released from active duty	790
because of a service-connected disability.	791

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

792

(a) The spouse of any person who died of a service-connected	793
disability;	794

(b) The spouse of any member of the armed forces serving on	795
active duty who at the time of the spouse's application for	796
assistance under any program described in division (A) of this	797
section is listed pursuant to the "Act of September 6, 1966," 80	798
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	799
thereto, as having been in one or more of the following categories	800
for a total of ninety or more days:	801

(i) Missing in action;

802

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

803

(iii) Forcibly detained or interned in line of duty by a	804
foreign government or power.	805

(c) The spouse of any person who has a total disability	806
permanent in nature resulting from a service-connected disability	807
or the spouse of a veteran who died while such a disability was in	808
existence.	809

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

810

(a) Any person who was a member of the armed forces of the	811
United States for a period of one hundred eighty days or more or a	812
person who was discharged or released from active duty because of	813
a service-connected disability;	814

(b) A person who served as a member of the United States	815
merchant marine and to whom either of the following applies:	816

(i) The person has an honorable report of separation from	817
active duty military service, form DD214 or DD215.	818

(ii) The person served in the United States merchant marine	819
between December 7, 1941, and December 31, 1946, and died on	820
active duty while serving in a war zone during that period of	821
service.	822

(7) "Armed forces of the United States" means the army, air	823
force, navy, marine corps, coast guard, and any other military	824
service branch that is designated by congress as a part of the	825
armed forces of the United States.	826

(8) "Employment program" means a program which provides	827
referral of individuals to employer job openings in the federal,	828
state, or private sector.	829

(9) "Training program" means any program that upgrades the	830
employability of qualified applicants.	831

(10) "Entitlement program" means any program that enlists	832
specific criteria in determining eligibility, including but not	833
limited to the existence in special segments of the general	834
population of specific financial needs.	835

(11) "Targeted group" means a group of persons designated by	836
federal law or regulations or by state law to receive special	837
assistance under an employment and training program described in	838
division (A) of this section.	839

(12) "United States merchant marine" includes the United	840
States army transport service and the United States naval	841
transport service.	842

Sec. 5911.07.  The armories erected by the state are for the	843
use of the organized militia; but in each armory there shallmay	844
be provided and maintained, except as provided in this section, a	845
suitable room including heating, lighting, and janitor services,	846
for the free use of thepatriotic and national organizations known	847
as the women's relief corps, sons of veterans, sons of veterans'	848
auxiliary, daughters of veterans, united Spanish war veterans,	849
auxiliary united Spanish war veterans, veterans of foreign wars of	850
the United States, veteran organizations of World War I and World	851
War II, army and navy union of the United States, and honorably	852
retired officers of the Ohio national guard, Ohio military	853
reserve, and Ohio naval militiachartered under part B of subtitle	854
II of Title 36 of the United States Code, unless such rooms are	855
already provided by the erection of a county memorial building or	856
otherwise by the state, or by the county, township, or municipal	857
corporation. This section does not require a separate room to be	858
maintained for each organization. The room provided in this	859
section may be used for military training when not in actual use	860
by one of the aforenamed organizations. This section applies only	861
during the time that such armory is being used by an active	862
military organization ora unit of the organized militia.	863

Sec. 5923.12.  When ordered to state active duty by the	864
governor, for which duty federal basic pay and allowances are not	865
authorized, members of the organized militia of Ohio shall receive	866
the same pay and allowances for each day's service as is provided	867
for commissioned officers, warrant officers, noncommissioned	868
officers, and enlisted personnel of like grade and longevity in	869
the armed forces of the United States, together with the necessary	870
transportation, housing, and subsistence allowances as prescribed	871
by the United States department of defense pay manual, or an	872
amount not less than seventy-five dollars per day as base pay for	873
each day's duty performed, whichever is greater.	874

When ordered by the governor to perform training or duty	875
under this section or section 5919.29 of the Revised Code, members	876
of the Ohio national guard shall have the protections afforded to	877
persons on federal active duty by "The Soldiers and Sailors	878
Servicemembers Civil Relief Act of 1940," 54117 Stat. 11782835,	879
50 App. U.S.C.A. App. 501-548 and 560-591.	880

Sec. 5924.01.  As used in Chapter 5924. of the Revised Code	881
unless the context otherwise requires:	882

(A) "Organized militia" means the Ohio national guard, the	883
Ohio naval militia, and the Ohio military reserve.	884

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

885

(C) "Commissioned officer" includes a commissioned warrant	886
officer.	887

(D) "Commanding officer" includes only commissioned or	888
warrant officers in command of a unit.	889

(E) "Superior commissioned officer" means a commissioned	890
officer superior in rank or command.	891

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

892

(G) "Grade" means a step or degree, in a graduated scale of	893
office or military rank, that is established and designated as a	894
grade by law or regulation.	895

(H) "Rank" means the order of precedence among members of the	896
armed forces.	897

(I) "Active stateState active duty" means full-time duty in	898
the active military service of the state under an ordera	899
proclamation of the governor issued pursuant to authority vested	900
in himthe governor by law, and while going to and returning from	901
such duty.	902

(J) "Duty status other than active state active duty" means	903
any other types of duty and while going to and returning from such	904
duty.	905

(K) "Military court" means a court-martial, a court of	906
inquiry, or a provost court.	907

(L) "Military judge" means an official of a general or	908
special court-martial who is a commissioned officer, who has been	909
duly certified to be qualified for duty as a military judge by the	910
state judge advocate, and who has been properly detailed in	911
accordance with section 5924.26 of the Revised Code.	912

(M) "Law specialist" means a commissioned officer of the	913
organized naval militia of the state designated for special duty.	914

(N) "Legal officer" means any commissioned officer of the	915
organized naval militia of the state designated to perform legal	916
duties for a command.	917

(O) "State judge advocate" means the commissioned officer	918
responsible for supervising the administration of the military	919
justice in the organized militia.	920

(P) "Accuser" means a person who reports an offense subject	921
to trial by court-martial and who signs and swears to charges, any	922
person who directs that charges nominally be signed and sworn to	923
by another, andor any other person who has an interest other than	924
an official interest in the prosecution of the accused.	925

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

926

(R) "Convening authority" includes, in addition to the person	927
who convened the court, a commissioned officer commanding for the	928
time being, or a successor in command.	929

(S) "May" is used in a permissive sense. The words "no person	930
may ............" mean that no person is required, authorized, or	931
permitted to do the act prescribed.	932

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

933

(U) "Code" means the Ohio code of military justice, as set	934
forth in Chapter 5924. of the Revised Code.	935

(V) "Trial counsel" means the prosecuting attorney in a	936
general or special court-martial.	937

(W) "Detention facility" means any place that is owned or	938
operated by a municipal corporation, by a county, or by one or	939
more municipal corporations, counties, or both and that is used	940
for the confinement of persons charged with or convicted of any	941
crime in this state or another state or under the laws of the	942
United States.	943

(X) "Examiner" has the same meaning as in division (A)(2)(a)	944
of section 2945.37 of the Revised Code.	945

(Y) "Nonsecured status," "unsupervised, off-grounds	946
movement," "trial visit," "conditional release," and "licensed	947
clinical psychologist" have the same meanings as in section	948
2945.37 of the Revised Code.	949

Sec. 5924.02.  The following persons who are not in federal	950
service are subject to this code:	951

(A) Members of the organized militia, including Ohio national	952
guard dual-status technicians during their normal duty hours;	953

(B) Persons who have been placed on the state reserve list or	954
the state retired list pursuant to section 5913.07 or 5919.13 of	955
the Revised Code;	956

(C) All other persons lawfully ordered to duty in or with the	957
organized militia, from the dates they are required by the terms	958
of the order or other directive to obey the sameorder or	959
directive, including any time during which they are going to or	960
returning from duty in the organized militia.	961

Sec. 5924.03.  (A) Each person discharged from the organized	962
militia who is later charged with having fraudulently obtained his	963
the discharge is, subject to section 5924.43 of the Revised Code,	964
subject to trial by court-martial on that charge and is, after	965
apprehension, subject to this code while in the custody of the	966
military for that trial. Upon conviction of that charge hethe	967
person is subject to trial by court-martial for all offenses under	968
this code committed before the fraudulent charge.	969

(B) No person who has deserted from the organized militia may	970
be relieved from amenability to the jurisdiction of this code by	971
virtue of a separation from any later period of service.	972

Sec. 5924.06.  (A) The governor, on the recommendation of the	973
adjutant general, shall appoint an officer of the organized	974
militiaOhio national guard as state judge advocate, who. The	975
officer shall be a member in good standing of the bar of the	976
supreme court of this state and shall have been a member of the	977
bar of the state and a member of the organized militia for at	978
least five yearsbe eligible to be recognized as a colonel under	979
regulations prescribed by the national guard bureau.	980

(B) The adjutant general mayshall appoint as many assistant	981
state judge advocates as he shall deem necessary, which assistant	982
state judgeand legal officers on the recommendation of the state	983
judge advocate. Judge advocates and legal officers shall be	984
officers of the organized militia and members in good standing of	985
the bar of thethis state.	986

(C) The state judge advocate or his assistantssubordinate	987
judge advocates shall make frequent inspections in the field in	988
supervision of the administration of military justice.	989

(D) The provisions of section 109.02 of the Revised Code	990
shall not be a restriction upon the appointment and duties as	991
provided in this section.	992

(E) Convening authorities shall at all times communicate	993
directly with their staff judge advocates or legal officers in	994
matters relating to the administration of military justice; and	995
the. A staff judge advocate or legal officer of anya command is	996
entitled to communicate directly with theany staff judge advocate	997
or legal officer of a superior or subordinate command, or with the	998
state judge advocate.	999

(F)(E) No person who has acted as member, military judge,	1000
trial counsel, assistant trial counsel, defense counsel, assistant	1001
defense counsel, or investigating officer, or who has been a	1002
witness for either the prosecution or defense, in any case may	1003
later act as staff judge advocate or legal officer to any	1004
reviewing authority upon the same case.	1005

Sec. 5924.07.  (A) Apprehension is the taking of a person	1006
into custody.	1007

(B) Any person authorized by this code, or by regulations	1008
issued pursuant theretoto this code, to apprehend persons subject	1009
to this code, any marshal of a court-martial appointed pursuant to	1010
the provisions of this code, and any peace officer authorized to	1011
do so by law may do so upon reasonable belief that an offense has	1012
been committed and that the person apprehended committed it.	1013

(C) Commissioned officers, warrant officers, petty officers,	1014
and noncommissioned officers have authoritymay take reasonable	1015
action to quell quarrels, frays, and disorders among persons	1016
subject to this code and to apprehend persons subject to this code	1017
who take part therein.	1018

(D) A person subject to this code may be apprehended in the	1019
person's home, with the assistance of a local law enforcement	1020
agency, only upon probable cause to believe that the person is	1021
legally subject to apprehension and that the person is or will be	1022
present to be apprehended.	1023

Sec. 5924.08. Any civilA peace officer having authority to	1024
apprehend offenders under the laws of the United States, or of a	1025
state, territory, commonwealth, or possession, or the District of	1026
Columbia may summarily apprehend a deserter from the organized	1027
militia and deliver himthe deserter into the custody of the	1028
organized militia. If an offender is apprehended outside the	1029
state, his return to the area must be in accordance with normal	1030
extradition procedures, or reciprocal agreement.	1031

Sec. 5924.09.  (A) Arrest is the restraint of a person by an	1032
oral or written order, not imposed as a punishment for an offense,	1033
directing himthe person to remain within certain specified	1034
limits. Confinement is the physical restraint of a person that is	1035
imposed by order of competent authority and deprives the person of	1036
freedom pending disposition of criminal charges.	1037

(B) An enlisted member may be ordered into arrest or	1038
confinement by any commissionedcommanding officer by an order,	1039
oral or written, delivered in person or through other persons	1040
subject to this code or through any person authorized by this code	1041
to apprehend persons. A commanding officer may authorize warrant	1042
officers, petty officers, or noncommissioned officers to order	1043
enlisted members of histhe commanding officer's command or	1044
enlisted members subject to histhe commanding officer's authority	1045
into arrest or confinement.	1046

(C) A commissioned officer or a warrant officer may be	1047
ordered apprehended or into arrest or confinement only by a	1048
commanding officer to whose authority hethe commissioned officer	1049
or warrant officer is subject, by an order, oral or written,	1050
delivered in person or by another commissioned officer. The	1051
authority to order such persons apprehended or into arrest or	1052
confinement may not be delegated.	1053

(D) No person may be ordered apprehended or into arrest or	1054
confinement except for probable cause.	1055

(E) Nothing in this section shall be construed to limit the	1056
authority of persons authorized to apprehend offenders to secure	1057
the custody of an alleged offender until proper authority may be	1058
notified.	1059

Sec. 5924.10.  (A) Any person subject to this code charged	1060
with an offense under this code shall be ordered into arrest or	1061
confinement, as circumstances may require; but when charged only	1062
with an offense normally tried by a summary court-martial, such	1063
person shall not ordinarily be placed into confinement. When any	1064
person subject to this code is placed into arrest or confinement	1065
prior to trial, immediate steps shall be taken to inform himthe	1066
person shall be informed within seventy-two hours of the specific	1067
wrong of which hethe person is accused and to try him or to	1068
dismiss the charges and release himof the person's rights under	1069
this code.	1070

(B) Confinement other than in a guard house, whether before,	1071
during, or after trial by a military court, shall be executed, to	1072
the maximum extent practicable, in civil jails or prisons	1073
designated by the governor or by such person as he may authorize	1074
to actlike facilities. An order that an accused person be placed	1075
in pretrial confinement shall be reviewed by a military judge	1076
within seven days and if confirmed may be reviewed after that	1077
confirmation only on motion.	1078

Sec. 5924.11.  (A) No provost marshal, commander of a guard,	1079
master at arms, wardensheriff, keeper, or officer of a city or	1080
county jail or any other jail or prison designated under section	1081
5924.10 of the Revised Code,detention facility may refusedo	1082
either of the following:	1083

(1) Refuse to receive or keep any prisoner committed to his	1084
the sheriff's, keeper's, or officer's charge, when the committing	1085
person furnishes a statement, signed by himthe committing person,	1086
of the offense charged against the prisoner;	1087

(2) Demand payment of any kind for housing prisoners under	1088
this code.	1089

(B) Every commander of a guard, master at armsA sheriff,	1090
warden, keeper, or officer of a city or county jail or of any	1091
other jail or prison designated under section 5924.10 of the	1092
Revised Code,detention facility to whose charge a prisoner is	1093
committed, shall, within twenty-four hours after that commitment	1094
or as soon as he is relieved from guard, report to the commanding	1095
officer of the prisoner the name of the prisoner, the offense	1096
charged against himthe prisoner, and the name of the person who	1097
ordered or authorized the commitment.	1098

Sec. 5924.13. Subject to section 5924.57 of the Revised	1099
Code, noNo person, while being held for or after trial or the	1100
result of trial, may be subjected to punishment or penalty other	1101
than arrest or confinement upon the charges pending against him,	1102
nor shall the person. The arrest or confinement imposed upon him	1103
the person shall not be any more rigorous than the circumstances	1104
require to insure histhe person's presence, but he. The person	1105
may be subjected to minor punishment during that period for	1106
infractions of discipline, and may be required to perform such	1107
labor as may be necessary for the policing and sanitation of his	1108
living quarters and messing facilities and the area immediately	1109
adjacent thereto.	1110

Sec. 5924.14.  (A) Under such regulations as may be	1111
prescribed under this code, a person on active state active duty	1112
subject to this codeor duty under Title 32 of the United States	1113
Code who is accused of an offense against civil authority may be	1114
delivered, upon request, to the civil authority for trailtrial.	1115

(B) When delivery under this section is made to any civil	1116
authority of a person undergoing sentence of a court-martial, the	1117
delivery, if followed by conviction in a civil tribunal,	1118
interrupts the execution of the sentence of the court-martial, and	1119
the offender after having answered to the civil authorities for	1120
histhe offender's offense shall, upon the request of competent	1121
military authority, be returned to military custody for the	1122
completion of histhe offender's sentence.	1123

Sec. 5924.15. (A) Under such regulations as the governor	1124
adjutant general may prescribe, and under such additional	1125
regulations as may be prescribed by the adjutant general of Ohio,	1126
limitations may be placed on the powers granted by this section	1127
with respect to the kind and amount of punishment authorized, the	1128
categories of commanding officers and warrant officers exercising	1129
command authorized to exercise those powers, the applicability of	1130
this section to an accused who demands trial by court-martial, and	1131
the kinds of courts-martial to which the case may be referred upon	1132
such a demand. However, except in the case of a member attached	1133
to, or embarked in a vessel, punishment may not be imposed upon	1134
any person subject to this code under this sectiona member of the	1135
organized militia if such personthe member has, before the	1136
imposition of suchthe punishment, demanded trial by court-martial	1137
in lieu of suchthe punishment. Under similar regulations, rules	1138
may be prescribed with respect to the suspension of punishments	1139
authorized hereunderunder this section. If authorized by	1140
regulations prescribed under this section, the governor or a	1141
general officer or officer of flag rank in command may delegate	1142
the powers of the governor or general officer under this section	1143
to a principal assistant. In all proceedings, the accused shall be	1144
allowed a reasonable period of time, normally not exceeding	1145
forty-eight hours, to reply to the notification of intent to	1146
impose punishment under this section.	1147

(B) Subject to the foregoingdivision (A) of this section,	1148
any commanding officer, and for the purposes of this section the	1149
adjutant general of Ohio, may, in addition to or in lieu of	1150
admonition or reprimand, impose one or more of the following	1151
disciplinary punishments for minor offenses without the	1152
intervention of a court-martial:	1153

(A)(1) Upon officers of the commanding officer's command, any	1154
of the following:	1155

(1)(a) Restriction to certain specified limits, with or	1156
without suspension from duty, for not more than thirty consecutive	1157
days;	1158

(2)(b) If imposed by the governor, the adjutant general, the	1159
commandingan officer of a force of the organized militia	1160
exercising general court-martial jurisdiction, a general officer,	1161
or the commanding general of a divisionflag officer, any of the	1162
following:	1163

(a)(i) Arrest in quarters for not more than thirty	1164
consecutive days;	1165

(b) Fine or forfeiture(ii) Forfeiture of not more than	1166
one-half of one month's pay per month for two months, or the suma	1167
fine of onenot more than two hundred fifty dollars, whichever is	1168
greater;	1169

(c)(iii) Restriction to certain specified limits, with or	1170
without suspension from duty, for not more than sixty consecutive	1171
days;	1172

(d) Detention of not more than one-half of one month's pay	1173
per month for three months, or the sum of two hundred twenty-five	1174
dollars, whichever is greater.	1175

(B)(2) Upon other military personnel of the commanding	1176
officer's command, any of the following:	1177

(1) If imposed upon a person attached to or embarked in a	1178
vessel, confinement on bread and water or diminished rations for	1179
not more than three consecutive days;	1180

(2)(a) Correctional custody in a detention facility in the	1181
offender's county of residence for not more than seven consecutive	1182
days;	1183

(3) Fine or forfeiture(b) Forfeiture of not more than seven	1184
days' pay, or the sum of twenty-five dollars, whichever is greater	1185
a fine of not more than one-quarter of one month's actual pay;	1186

(4)(c) Reduction to the next inferior pay grade, if the grade	1187
from which the service member demoted is within the promotion	1188
authority of the officer imposing the reduction or any officer	1189
subordinate to the one who imposes the reduction;	1190

(5)(d) Extra duties, including fatigue or other duties, for	1191
not more than fourteen consecutive days or for a total of thirty	1192
nonconsecutive days;	1193

(6)(e) Restriction to certain specified limits, with or	1194
without suspension from duty, for not more than fourteen	1195
consecutive days;	1196

(7) Detention of not more than fourteen days' pay, or the sum	1197
of fifty dollars, whichever is greater;	1198

(8)(f) If imposed by an officer of the grade of major or	1199
lieutenant commander, or above., any of the following:	1200

(a)(i) The punishment authorized under division (B)(1)(2)(a)	1201
of this section;	1202

(b)(ii) Correctional custody in a detention facility in the	1203
offender's county of residence for not more than thirty	1204
consecutive days;	1205

(c) Fine or forfeiture(iii) Forfeiture of not more than	1206
one-half of one month's pay per month for two months, or the sum	1207
of fifty dollars, whichever is greatera fine of not more than	1208
one-half of one month's actual pay for two months;	1209

(d)(iv) Reduction to the lowest or any intermediate pay	1210
grade, if the grade from which demoted is within the promotion	1211
authority of the officer imposing the reduction or any officer	1212
subordinate to the one who imposes the reduction, but an enlisted	1213
member in pay grade above E-4 may not be reduced more than two	1214
one pay gradesgrade;	1215

(e)(v) Extra duties, including fatigue or other duties, for	1216
not more than forty-five consecutive days, which need not be	1217
consecutive, and for not more than two hours per day;	1218

(f)(vi) Restriction to certain specified limits, with or	1219
without suspension from duty, for not more than sixty consecutive	1220
days, which need not be consecutive;	1221

(g) Detention of not more than one-half of one month's pay	1222
per month for three months, or the sum of seventy-five dollars,	1223
whichever is greater.	1224

Detention of pay shall be for a stated period of not more	1225
than one year, but if the offender's term of service expires	1226
earlier, the detention shall terminate upon that expiration. No	1227
two or more of the punishments of arrest in quarters, confinement	1228
on bread and water or diminished rations, correctional custody,	1229
extra duties, and restriction may be combined to run consecutively	1230
in the maximum amount imposable for each. Whenever any of those	1231
punishments are combined to run consecutively, there must be an	1232
apportionment. In addition, forfeiture of pay may not be combined	1233
with detention of pay without an apportionment. For the purposes	1234
of this section "correctional custody" is the physical restraint	1235
of a person during duty or nonduty hours and may include extra	1236
duties, fatigue duties, or hard labor. If practicable,	1237
correctional custody will not be served in immediate association	1238
with persons awaiting trial or held in confinement pursuant to	1239
trial by court-martial or civilian court.	1240

(C) No two or more of the punishments of arrest in quarters,	1241
correctional custody, extra duties, and restriction may be	1242
combined to run consecutively in the maximum amount imposable for	1243
each. If any of those punishments are combined to run	1244
consecutively, there must be apportionment. For the purposes of	1245
this section, "correctional custody" means the physical restraint	1246
of a person during duty or nonduty hours and may include extra	1247
duties, fatigue duties, or hard labor. Correctional custody shall	1248
to the maximum extent practicable be served in a detention	1249
facility in the offender's county of residence.	1250

(D) An officer in charge may impose upon enlisted members	1251
assigned to the unit of which the officer is in charge suchany of	1252
the punishments authorized under divisions (B)(1)(A)(2)(a) to	1253
(B)(7)(f) of this section, asthat the governor or adjutant	1254
general may specifically prescribe by regulation.	1255

(D)(E) The officer who imposes the punishment authorized in	1256
divisions (A) ordivision (B) of this section, or the officer's	1257
successor in command, may, at any time, suspend probationally any	1258
part or amount of the unexecuted punishment imposed and may	1259
suspend probationally a reduction in grade or a forfeiture or fine	1260
imposed under divisions (A) ordivision (B) of this section,	1261
whether or not executed. In addition, the officer who imposed the	1262
punishment may, at any time, remit or mitigate any part or amount	1263
of the unexecuted punishment imposed and may set aside in whole or	1264
in part the punishment, whether executed or unexecuted, and	1265
restore all rights, privileges, and property affected. The officer	1266
who imposed the punishment may also mitigate reduction in grade to	1267
forfeiture or detention of pay or a fine. When mitigating:	1268

(1) Arrestarrest in quarters to restriction;

1269

(2) Confinement on bread and water or diminished rations to	1270
correctional custody;	1271

(3) Correctional custody or confinement on bread and water or	1272
diminished rations to extra duties or restriction, or both; or	1273

(4) Extraextra duties to restriction;

1274

the, the mitigated punishment shall not be for a greater period	1275
than the punishment mitigated. When mitigating forfeiture of pay	1276
to detention of pay, the amount of the detention shall not be	1277
greater than the amount of the forfeiture. When mitigating	1278
reduction in grade to fine or forfeiture or detention of pay, the	1279
amount of the fine or forfeiture or detention shall not be greater	1280
than the amount that could have been imposed initially under this	1281
section by the officer who imposed the punishment mitigated.	1282

(E)(F) A person punished under this section who considers the	1283
punishment unjust or disproportionate to the offense may, through	1284
the proper channel, appeal to the next superior authority within	1285
seven calendar days. The appeal shall be promptly forwarded and	1286
decided, but the person punished may in the meantime be required	1287
to undergo the punishment adjudged. The superior authority may	1288
exercise the same powers with respect to the punishment imposed as	1289
may be exercised under division (D)(E) of this section by the	1290
officer who imposed the punishment. Before acting on an appeal	1291
from a punishment of:	1292

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

1293

(2) Correctional custody for more than seven days;

1294

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

1295

(4) Reduction of one or more pay grades from the fourth or a	1296
higher pay grade;	1297

(5) Extra duties for more than fourteen days;

1298

(6) Restriction for more than fourteen days; or

1299

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

1300

any of the following, the authority who is to act on the appeal	1301
shall refer the case to a judge advocate or legal officer of the	1302
Ohio organized militia for consideration and advice, and may so	1303
also refer the case upon appeal from any punishment imposed under	1304
divisions (A) or division (B) of this section:	1305

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

1306

(2) Correctional custody for more than seven days;

1307

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

1308

(4) Reduction of one or more pay grades from the fourth or a	1309
higher pay grade;	1310

(5) Extra duties for more than fourteen days.

1311

(F)(G) The imposition and enforcement of disciplinary	1312
punishment under this section for any act or omission is not a bar	1313
to trial by court-martial for a serious crime or offense growing	1314
out of the same act or omission, and not properly punishable under	1315
this section; but the. The fact that a disciplinary punishment has	1316
been enforced may be shown by the accused upon trial, and, when so	1317
shown, shall be considered in determining the measure of	1318
punishment to be adjudged in the event of a finding of guilty.	1319

(G)(H) The governor or the adjutant general may, by	1320
regulation, prescribe the form of records to be kept of	1321
proceedings under this section and may also prescribe that certain	1322
categories of those proceedings shall be in writing.	1323

(H) The punishments imposed pursuant to this section, except	1324
fine and forfeiture of pay, shall not extend beyond the	1325
termination of the duty status of the individual punished.	1326

(I) A commanding officer may delegate authority to make a	1327
reduction in pay grade under division (B)(2)(c) of this section to	1328
the commanding officer's executive officer, deputy commander, vice	1329
commander, or principal assistant.	1330

Sec. 5924.16.  (A) In the organized militia not in federal	1331
service, there are general, special, and summary courts-martial	1332
constituted like similar courts of the army and the air force.	1333
They have the jurisdiction and powers, except as to punishments,	1334
and shall follow the forms and procedures provided for those	1335
courts. General and special courts-martial are courts of record	1336
with original jurisdiction.	1337

(B) The constitutions of the three kinds of courts-martial	1338
are:	1339

(1) General courts-martial, consistingA general	1340
court-martial consists of one of the following:	1341

(A)(1) A military judge and not lessfewer than five members;	1342
or	1343

(B)(2) Only a military judge, if, before the court is	1344
assembled, the accused, knowing the identity of the military judge	1345
and after consultation with defense counsel, requests in writing a	1346
court composed only of a military judge and the military judge	1347
approves;	1348

(2) Special courts-martial, consisting.

1349

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

1350

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

1351

(B)(2) A military judge and not lessfewer than three	1352
members; or	1353

(C)(3) Only a military judge, if one has been detailed to the	1354
court, and the accused so requests in writing under the same	1355
conditions as those prescribed in division (B)(1)(b) of this	1356
section;	1357

(3) Summary courts-martial, consistingbefore the court is	1358
assembled the accused, knowing the identity of the military judge	1359
and after consultation with defense counsel, requests in writing a	1360
court composed only of a military judge and the military judge	1361
approves.	1362

(D) A summary court-martial consists of one commissioned	1363
officer in the grade of captain or above.	1364

Sec. 5924.17. Each force of the organized militiaThe Ohio	1365
national guard has court-martial jurisdiction over all persons	1366
subject to this code. The exercise of jurisdiction by one force	1367
the Ohio national guard over personnel of another forceelement of	1368
the organized militia shall be in accordance with regulations	1369
prescribed by the governoradjutant general.	1370

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1371
Code, general courts-martial have jurisdiction to try persons	1372
subject to this code for any offense made punishable by this code	1373
and may, under suchany limitations asthat the governor may	1374
prescribe, adjudge any punishment not forbidden by this code,	1375
including the penalty of death when specifically authorized by	1376
this code. General courts-martial also have jurisdiction to try	1377
any person who by the law of war is subject to trial by a military	1378
tribunal and may adjudge any punishment permitted by the law of	1379
war. A general court-martial of the kind specified in division	1380
(B)(1)(b) of section 5924.16 of the Revised Code does not have	1381
jurisdiction to try any person for any offense for which the death	1382
penalty may be adjudged unless the case has been previously	1383
referred to trial as a noncapital caseof the following	1384
punishments:	1385

(1) A fine of not more than two thousand five hundred dollars	1386
or confinement for not more than three hundred sixty-five days;	1387

(2) Forfeiture of all pay and allowances;

1388

(3) Reprimand;

1389

(4) Dismissal and dishonorable discharge or a bad conduct	1390
discharge;	1391

(5) Reduction of a noncommissioned officer to the lowest or	1392
any intermediate rank;	1393

(6) Any combination of the foregoing punishments.

1394

(B) A general court-martial may not adjudge dismissal or	1395
dishonorable discharge unless a complete record of the proceedings	1396
and testimony is made, counsel having the qualifications	1397
prescribed under division (B) of section 5924.27 of the Revised	1398
Code is detailed to represent the accused, and a military judge is	1399
detailed to the trial.	1400

Sec. 5924.19.  Subject to section 5924.17 of the Revised	1401
Code, special courts-martial shall have jurisdiction to try	1402
persons subject to this code for any non-capital offense for which	1403
they may be punished under this code. A special court-martial may	1404
adjudge any punishment a general court-martial may adjudge, except	1405
death, dishonorable discharge, dismissal, confinement forthat a	1406
special court-martial may not impose a fine of more than six	1407
months, hard labor withoutone thousand dollars, confinement for	1408
more than three months, forfeiture of pay exceeding two-thirds pay	1409
per month, or forfeiture of pay for more than six monthsone	1410
hundred eighty days for a single offense, or dismissal or	1411
dishonorable discharge. A bad-conduct dischargespecial	1412
court-martial may not be adjudgedadjudge a bad-conduct discharge	1413
unless a complete record of the proceedings and testimony has been	1414
is made, counsel having the qualifications prescribed under	1415
division (B) of section 5924.27 of the Revised Code wasis	1416
detailed to represent the accused, and a military judge wasis	1417
detailed to the trial. In any case in which a military judge was	1418
not detailed to the trial, except when due to physical conditions	1419
or military exigencies, the convening authority shall make a	1420
written statement, to be appended to the record, stating the	1421
reason or reasons a military judge could not be detailed.	1422

Sec. 5924.20.  (A) Subject to section 5924.17 of the Revised	1423
Code, summary courts-martial have jurisdiction to try persons	1424
subject to this code, except officers and warrant officers, for	1425
any offense made punishable by this code.	1426

(B) No person with respect to whom summary courts-martial	1427
have jurisdiction may be brought to trial before a summary	1428
court-martial if hethe person objects theretoto being brought to	1429
trial before a summary court-martial. If objection to trial by	1430
summary court-martial is made by an accused, trial may be ordered	1431
by special or general court-martial, as may be appropriate.	1432

(C) Summary courts-martial may, under such limitations as the	1433
governor may prescribe, adjudge punishment of a fine not forbidden	1434
by this code, except death, dismissal, dishonorable or bad conduct	1435
discharge,exceeding five hundred dollars, confinement for not	1436
more than one month, hard labor without confinement for more than	1437
forty-five days, restriction to specified limits for more than two	1438
months, orthirty days, forfeiture of not more than two-thirds of	1439
one month's pay, and reduction to the lowest or any intermediate	1440
pay grade. For enlisted members in pay grade above E-4, summary	1441
courts-martial may not adjudge confinement or reduction except to	1442
the next inferior pay grade.	1443

Sec. 5924.21. The provisions of this code that confer	1444
jurisdiction on courts-martial do not deprive military	1445
commissions, provost courts, other military tribunals, or state or	1446
federal courts of concurrent jurisdiction with respect to	1447
offenders or offenses that by statute or by the law of war may be	1448
tried by military commissions, provost courts, other military	1449
tribunals, or state or federal courts.	1450

Sec. 5924.22.  In the organized militia not in federal	1451
service, the governor, adjutant general, assistant adjutant	1452
general for army, or assistant adjutant general for air may	1453
convene general courts-martial may be convened by the governor.	1454

Sec. 5924.23.  In the organized militia not in federal	1455
service, the commanding officer of a garrison, fort, post, camp,	1456
air base, auxiliary air base, or other place where troops are on	1457
duty, or of a division, brigade, regiment, battle group, wing,	1458
group, detached battalion, separate squadron, or other detached	1459
command,any commander authorized by regulation in the grade of	1460
colonel or a higher grade may convene special courts-martial.	1461
Special courts-martial may also be convened by superior authority.	1462
When any such officer is an accuser, the court shall be convened	1463
by superior competent authority.	1464

Sec. 5924.24. (A) In the organized militia not in federal	1465
service, the commanding officer of a garrison, fort, post, camp,	1466
air base, auxiliary air base, or other place where troops are on	1467
duty, or of a division, brigade, regiment, battle group, wing,	1468
group, detached battalion, detached squadron, detached company, or	1469
other detachment,any commander authorized by regulation in the	1470
grade of lieutenant colonel or a higher grade may convene a	1471
summary court-martial consisting of one commissioned officer. The	1472
proceedings shall be informal.	1473

(B) When only one commissioned officer is present with a	1474
command or detachment he shall be the summary court-martial of	1475
that command or detachment and shall hear and determine all	1476
summary court-martial cases brought before him. Summary	1477
courts-martial may, however, be convened in any case by superior	1478
competent authority when considered desirable by him.	1479

Sec. 5924.25.  (A) Any commissioned officer of or onin a	1480
duty with the organized militiastatus is eligible to serve on all	1481
courts-martial for the trial of any person who may lawfully be	1482
brought before such courts for trailtrial.	1483

(B) Any warrant officer of or onin a duty with the organized	1484
militiastatus is eligible to serve on general and special	1485
courts-martial for the trial of any person, other than a	1486
commissioned officer, who may lawfully be brought before such	1487
courts for trailtrial.	1488

(C)(1) Any enlisted member of the organized militia in a duty	1489
status who is not a member of the same unit as the accused is	1490
eligible to serve on general and special courts-martial for the	1491
trial of any enlisted member of the organized militia who may	1492
lawfully be brought before such courts for trial, but he shall	1493
serve as a member of a court only if, before the conclusion of a	1494
session called by the military judge under division (A) of section	1495
5924.39 of the Revised Code or, in the absence of such a session	1496
called by the military judge, before the court is assembled for	1497
the trial of the accused, the accused personally has requested in	1498
writing that enlisted members serve on it. After such a request,	1499
the accused may not be tried by a general or special	1500
court-martial, the membership of which does not include enlisted	1501
members in a number comprising at least one-third of the total	1502
membership of the court, unless eligible members cannot be	1503
obtained on account of physical conditions or military exigencies.	1504
If suchenough enlisted members cannot be obtained, the court may	1505
be assembled and trial held without them, but the convening	1506
authority shall make a detailed written statement, to be appended	1507
to the record, stating why they could not be obtained.	1508

(2) InAs used in division (C) of this section, the word	1509
"unit" means any regularly organized body of the organized militia	1510
not larger than a company, a squadron, a division of the naval	1511
militia, or a body corresponding to one of them.	1512

(D)(1) WhenIf it can be avoided, noa person subject to this	1513
code shall not be tried by a court-martial, any member of which is	1514
junior to himthe person in rank or grade.	1515

(2) When convening a court-martial, the convening authority	1516
shall detail as members thereof suchof the court-martial members	1517
asof the organized militia who, in histhe convening authority's	1518
opinion, are best qualified for the duty by reason of age,	1519
education, training, experience, length of service, and judicial	1520
temperament. No member of the organized militia is eligible to	1521
serve as a member of a general or special court-martial when heif	1522
the member of the organized militia is the accuser or a witness	1523
for the prosecution or has acted as investigating officer or as	1524
counsel in the same case. If within the command of the convening	1525
authority there is present and not otherwise disqualified a	1526
commissioned officer who is a member of the bar of the state and	1527
of appropriate rank, the convening authority shall appoint him as	1528
president of a special court-martial. Although this requirement is	1529
binding on the convening authority, failure to meet it in any case	1530
does not divest a military court of jurisdiction.	1531

Sec. 5924.26.  (A) The authority convening aA military judge	1532
shall be detailed to each general court-martial shall, and,	1533
subject to regulations promulgated by the governor, the authority	1534
convening aand special court-martial may, detail a. A military	1535
judge toshall preside over each open session of the court-martial	1536
to which the judge has been detailed.	1537

(B) A military judge shall be a commissioned officer of the	1538
organized militia who is a member in good standing of the bar of	1539
this state, or a member of the bar of a federal court, and who is	1540
certified to be qualified for such duty as a military judge by the	1541
state judge advocate.	1542

(C) The military judge of a general or special court-martial	1543
shall be designated by the state judge advocate or his designee	1544
for detail by the convening authority. Unless the court-martial	1545
was convened by the governor or the adjutant general, neither the	1546
convening authority nor histhe convening authority's staff, other	1547
than the state judge advocate or deputy state judge advocate,	1548
shall prepare or review any report concerning the effectiveness,	1549
fitness, or efficiency of the military judge so detailed which	1550
relates to hisjudge's performance of duty as a military judge. A	1551
commissioned officer who is certified as a military judge of a	1552
general court-martial may perform duties other than those relating	1553
to his being a military judge of a general court-martial when such	1554
duties are assigned to him by or with the approval of the state	1555
judge advocate or his designee.	1556

(D) No person is eligible to act as a military judge in a	1557
case if hethe person is the accuser, is a witness for the	1558
prosecution, has acted as investigating officer, or is a counsel	1559
in the same case.	1560

(E) The military judge of a court-martial may not consult	1561
with the members of the court, except in the presence of the	1562
accused, trial counsel, and defense counsel, nor may hethe	1563
military judge vote with the members of the court.	1564

(F) A trial counsel, defense counsel, military judge, legal	1565
officer, summary court officer, or any other person from any one	1566
component of the organized militia certified by the state judge	1567
advocate to perform legal functions under this code may perform	1568
those functions, as needed, for any other component of the	1569
organized militia.	1570

Sec. 5924.27.  (A) For each general and special court-martial	1571
the authority convening the courtThe state judge advocate shall	1572
detail trial counsel and, defense counsel, and such assistants as	1573
hethat the state judge advocate considers appropriate. No person	1574
who has acted as investigating officer, military judge, or court	1575
member in any case may act later as trial counsel, assistant trial	1576
counsel, or, unless expressly requested by the accused, as defense	1577
counsel, or assistant defense counsel in the same case. No person	1578
who has acted for the prosecution may act later in the same case	1579
for the defense, nor may any person who has acted for the defense	1580
act later in the same case for the prosecution.	1581

(B) Trial counsel or defense counsel detailed for a general	1582
court-martial must be both of the following:	1583

(1) Must be a person who is aA member in good standing of	1584
the bar of the highest court of this state, or a member of the bar	1585
of a federal court, or a law specialist; and	1586

(2) Must be certifiedCertified as competent to perform such	1587
the duties of trial counsel or defense counsel in a general	1588
court-martial by the state judge advocate.	1589

(C) In the case of a special court-martial, the accused shall	1590
be afforded the opportunity to be represented at the trial by	1591
counsel having the qualifications prescribed by division (B) of	1592
this section. If counsel having such qualifications cannot be	1593
obtained because of physical conditions or military exigencies,	1594
the court may be convened and the trial held, but the convening	1595
authority shall make a detailed written statement explaining the	1596
reasons, which shall be appended to the record.	1597

Sec. 5924.28.  Under such regulations as the governor	1598
adjutant general may prescribe, the convening authority of a	1599
general or special court-martial or court of inquiry shall detail	1600
or employ qualified court reporters, who shall record the	1601
proceedings of and testimony taken before that court. Under like	1602
regulations the convening authority of a military court, and may	1603
detail or employ interpreters, who shall interpret for the court.	1604

Sec. 5924.29.  (A) No member of a general or special	1605
court-martial shall be absent or excused after the court has been	1606
assembled for the trial of the accused except for physical	1607
disability, as a result of a challenge, or by order of the	1608
convening authority for good cause.	1609

(B) Whenever a general court-martial, other than a general	1610
court-martial composed of a military judge only, is reduced below	1611
five members, the trial may not proceed unless the convening	1612
authority details new members sufficient in number to provide not	1613
lessfewer than five members. When the new members have been	1614
sworn, the trial may proceed with the new members present after	1615
the recorded evidence previously introduced before the members of	1616
the court has been read to the court in the presence of the	1617
military judge, the accused, and counsel for both sides.	1618

(C) Whenever a special court-martial, other than a special	1619
court-martial composed of a military judge only, is reduced below	1620
three members, the trial may not proceed unless the convening	1621
authority details new members sufficient in number to provide not	1622
lessfewer than three members. When the new members have been	1623
sworn, the trial shall proceed with the new members present as if	1624
no evidence had previously been introduced at the trial, unless a	1625
verbatim record of the evidence previously introduced before the	1626
members of the court or a stipulation thereof is read to the court	1627
in the presence of the military judge, if any, the accused, and	1628
counsel for both sides.	1629

(D) If the military judge of a court-martial composed of a	1630
military judge only is unable to proceed with the trial because of	1631
physical disability, as a result of a challenge, or for other good	1632
cause, the trial shall proceed, subject to any applicable	1633
conditions of division (B)(1)(b) or division (B)(2)(c) of section	1634
5924.16 of the Revised Code, after the detail of a new military	1635
judge as if no evidence had previously been introduced, unless a	1636
verbatim record of the evidence previously introduced or a	1637
stipulation thereof is read in court in the presence of the new	1638
military judge, the accused, and counsel for both sides.	1639

Sec. 5924.30.  (A) Charges and specifications shall be signed	1640
by a person subject to this code under oath before a person	1641
commissioned officer of the organized militia authorized by this	1642
code to administer oaths and shall state both of the following:	1643

(1) That the signer has personal knowledge of, or has	1644
investigated, the matters set forth thereinin the charges and	1645
specifications; and	1646

(2) That theythose matters are true in fact to the best of	1647
histhe person's knowledge and belief.	1648

(B) Upon the preferring of charges, the proper authority	1649
shall take immediate steps to determine whatthe disposition that	1650
should be made thereofof the charges in the interest of justice	1651
and discipline, and the person accused shall be informed of the	1652
charges against him as soon as practicable.	1653

Sec. 5924.31.  (A) No person subject to this code may compel	1654
any other person to incriminate himselfthe other person or to	1655
answer any question, the answer to which may tend to incriminate	1656
himthe other person.	1657

(B) No person subject to this code may interrogate, or	1658
request any statement from an accused or a person suspected of an	1659
offense, without first informing himthe accused or person	1660
suspected of the nature of the accusation and advising himthe	1661
accused or person suspected that hethe accused or person	1662
suspected does not have to make any statement regarding the	1663
offense of which hethe accused or person suspected is accused or	1664
suspected and that any statement made by himthe accused or person	1665
suspected may be used as evidence against himthe accused or	1666
person suspected in a trial by court-martial.	1667

(C) No person subject to this code may compel any other	1668
person to make a statement or produce evidence before any military	1669
tribunalcourt-martial if the statement or evidence is not	1670
material to the issue and may tend to degrade himthe other	1671
person.	1672

(D) No statement obtained from any person in violation of	1673
this section, or through the use of coercion, unlawful influence,	1674
or unlawful inducement may be received in evidence against himthe	1675
person in a trial by court-martial.	1676

Sec. 5924.32.  (A) No charge or specification may be referred	1677
to a general court-martial for trial until a thorough and	1678
impartial investigation of all the matters set forth thereinin	1679
the charge or specification has been made. This investigation	1680
shall include inquiry as to the truth of the matter set forth in	1681
the charges, consideration of the form of charges, and a	1682
recommendation as to the disposition whichthat should be made of	1683
the case in the interest of justice and discipline.	1684

(B) The accused shall be advised of the charges against him	1685
the accused and of histhe accused's right to be represented at	1686
that investigation by counsel. Upon histhe accused's own request	1687
he, the accused shall be represented by civilian counsel if	1688
provided by himthe accused at the accused's own cost, or by	1689
military counsel of histhe accused's own selection if such	1690
counsel is reasonably available, or by counsel detailed by the	1691
officer exercising general court-martial jurisdiction over the	1692
command. At that investigation full opportunity shall be given to	1693
the accused to cross-examine witnesses against himthe accused if	1694
they are available and to present anything hethe accused may	1695
desire in histhe accused's own behalf, either in defense or	1696
mitigation, and the investigating officer shall examine reasonably	1697
available witnesses requested by the accused. If the charges are	1698
forwarded after the investigation, they shall be accompanied by a	1699
statement of the substance of the testimony taken on both sides,	1700
and a copy thereofof that statement shall be given to the	1701
accused.	1702

(C) If an investigation of the subject matter of an offense	1703
has been conducted before the accused is charged with the offense,	1704
and if the accused was present at the investigation and afforded	1705
the opportunities for representation, cross-examination, and	1706
presentation prescribed in division (B) of this section, no	1707
further investigation of that charge is necessary under this	1708
section unless it is demanded by the accused after hethe accused	1709
is informed of the charge. A demand for further investigation	1710
entitles the accused to recall witnesses for further	1711
cross-examination and to offer any new evidence in histhe	1712
accused's own behalf.	1713

(D) The requirements of this section are binding on all	1714
persons administering this code but failure to follow them does	1715
not divest a military court of jurisdiction.	1716

Sec. 5924.33.  When a person is held for trial by general	1717
court-martial, the commanding officer shall, within eight daysnot	1718
later than the eighth day after the accused is ordered into arrest	1719
or confinement, if practicable, forward the charges, together with	1720
the investigation and allied papers, to the governorgeneral	1721
court-martial convening authority. If that is not practicable, he	1722
the commanding officer shall report in writing to the governor	1723
convening authority the reasons for delay.	1724

Sec. 5924.34.  (A) Before directing the trial of any charge	1726
by general court-martial, the convening authority shall refer it	1727
to the stateconvening authority's staff judge advocate or legal	1728
officer for consideration and advice. The convening authority may	1729
not refer a charge to a general court-martial for trial unless he	1730
the convening authority has found that the charge alleges an	1731
offense under this code and is warranted by evidence indicated in	1732
the report of the investigation.	1733

(B) If the charges or specifications are not formally correct	1734
or do not conform to the substance of the evidence contained in	1735
the report of the investigating officer, formal corrections and	1736
such changes in the charges and specifications as are needed to	1737
make them conform to the evidence may be made.	1738

Sec. 5924.35.  The trial counsel to whom court-martial	1739
charges are referred for trial shall cause to be served upon the	1740
accused a copy of the charges upon which trial is to be had. In	1741
Except in time of peacedeclared war, no person may, against his	1742
the person's objection, be brought to trial or be required to	1743
participate by himselfalone or with counsel in a session called	1744
by the military judge under division (A) of section 5924.39 of the	1745
Revised Code, in a general or special court-martial case within a	1746
period of five daystwenty-four hours after the service of charges	1747
upon him, or in a special court-martial within a period of three	1748
days after the service of the charges upon himthe person.	1749

Sec. 5924.36.  The procedure, including modes of proof, in	1750
cases before military courts and other military tribunals may be	1751
prescribed by the governoradjutant general by regulations, which	1752
that shall, so far as hethe adjutant general considers	1753
practicable, apply the principles of law and the rules of evidence	1754
generally recognized in the trial of criminal cases in the courts	1755
of thethis state, but whichthat may not be contrary to or	1756
inconsistent with this code.	1757

Sec. 5924.37.  (A) No authority convening a general, special,	1758
or summary court-martial, nor any other commanding officer, or	1759
officer serving on the staff thereof,of a convening authority or	1760
other commanding officer may censure, reprimand, or admonish the	1761
court or any member, military judge, or counsel thereofof the	1762
court, with respect to the findings or sentence adjudged by the	1763
court, or with respect to any other exercise of its or histhe	1764
member's, military judge's, or counsel's functions in the conduct	1765
of the proceeding. No person subject to this code may attempt to	1766
coerce or, by any unauthorized means, influence the action of the	1767
court-martial or any other military tribunal or any member thereof	1768
of the court-martial or military tribunal in reaching the findings	1769
or sentence in any case, or the action of any convening,	1770
approving, or reviewing authority with respect to histhe	1771
authority's judicial acts. This division does not apply to:	1772

(1) General instructional or informational courses in	1773
military justice, if such courses are designed solely for the	1774
purpose of instructing members of a command in the substantive and	1775
procedural aspects of courts-martial;	1776

(2) Statements and instructions given in open court by the	1777
military judge, the president of a special court-martial, or	1778
counsel.	1779

(B) In the preparation of an effectiveness,a fitness, or	1780
efficiencyevaluation, or performance report, or any other report	1781
or document used in whole or in part for the purpose of	1782
determining whether a member of the organized militia is qualified	1783
to be advanced in grade, or in determining the assignment or	1784
transfer of a member of the organized militia, or in determining	1785
whether a member of the organized militia should be retained in an	1786
active statuson duty, no person subject to this code may, in	1787
preparing any such reportdo either of the following:	1788

(1) Consider or evaluate the performance of duty of any such	1789
the member as a member of a court-martial;	1790

(2) Give a less favorable rating or evaluation of any member	1791
of the organized militia because of the zeal with which suchthe	1792
member, as counsel, represented any accused before a	1793
court-martial.	1794

Sec. 5924.38.  (A) The trial counsel of a general or special	1795
court-martial shall prosecute in the name of the state, and shall,	1796
under the direction of the court, prepare the record of the	1797
proceedings.	1798

(B) The accused has the right to be represented in histhe	1799
accused's defense before a general or special court-martial by	1800
civilian counsel if provided by himthe accused at the accused's	1801
own cost, or by military counsel of histhe accused's own	1802
selection if reasonably available, or by thedetailed military	1803
defense counsel detailed under section 5924.27 of the Revised	1804
Code. Should the accused have civilian counsel of histhe	1805
accused's own selection, the defense counsel, and any assistant	1806
defense counsel, if any, who were detailed, shall, if the accused	1807
so desires, act as histhe accused's associate counsel; otherwise	1808
they shall be excused by the military judge or by the president of	1809
a court-martial without a military judge.	1810

(C) In every court-martial proceeding, the defense counsel	1811
may, in the event of conviction, forward for attachment to the	1812
record of proceedings a brief of such matters as hethe defense	1813
counsel feels should be considered in behalf of the accused on	1814
review, including any objection to the contents of the record	1815
which hethe defense counsel considers appropriate.	1816

(D) An assistant trial counsel of a general court-martial	1817
may, under the direction of the trial counsel or when hethe	1818
assistant trial counsel is qualified to be a trial counsel as	1819
required by section 5924.27 of the Revised Code, perform any duty	1820
imposed by law, regulation, or the custom of the service upon the	1821
trial counsel of the court. An assistant trial counsel of a	1822
special court-martial may perform any duty of the trial counsel.	1823

(E) An assistant defense counsel of a general or special	1824
court-martial may, under the direction of the defense counsel or	1825
when hethe assistant defense counsel is qualified to be the	1826
defense counsel as required by section 5924.27 of the Revised	1827
Code, perform any duty imposed by law, regulation, or the custom	1828
of the service upon counsel for the accused.	1829

Sec. 5924.39.  (A) At any time after the service of charges	1830
whichthat have been referred for trial to a court-martial	1831
composed of a military judge and members, the military judge may,	1832
subject to section 5924.35 of the Revised Code, call the court	1833
into session without the presence of the members for the following	1834
purposes:	1835

(1) Hearing and determining motions raising defenses or	1836
objections whichthat are capable of determination without trial	1837
of the issues raised by a plea of not guilty;	1838

(2) Hearing and ruling upon any matter whichthat may be	1839
ruled upon by the military judge under this code, whether or not	1840
the matter is appropriate for later consideration or decision by	1841
the members of the court;	1842

(3) If permitted by regulations prescribed by the governor,	1843
holding the arraignment and receiving the pleas of the accused;	1844

(4) Performing any other procedural function whichthat may	1845
be performed by the military judge under this code or under rules	1846
regulations prescribed pursuant to section 5924.36 of the Revised	1847
Code and whichthat does not require the presence of the members	1848
of the court.	1849

These proceedings shall be conducted in the presence of the	1850
accused, the defense counsel, and the trial counsel, and shall be	1851
made a part of the record.	1852

(B) When the members of a court-martial deliberate or vote,	1853
only the members may be present. All other proceedings, including	1854
any other consultation of the members of the court with counsel or	1855
the military judge, shall be made a part of the record and shall	1856
be in the presence of the accused, the defense counsel, the trial	1857
counsel, and, in cases in which a military judge has been detailed	1858
to the court, the military judge.	1859

Sec. 5924.41.  (A) The military judge and members of a	1860
general or special court-martial may be challenged by the accused	1861
or the trial counsel for cause stated to the court. The military	1862
judge or, if none, the court, shall determine the relevancy and	1863
validity of challenges for cause, and may not receive a challenge	1864
to more than one person at a time. Challenges by the trial counsel	1865
shall ordinarily be presented and decided before those by the	1866
accused are offered.	1867

(B) Each accused and the trial counsel is entitled to one	1868
peremptory challenge, but the military judge may not be challengd	1869
challenged except for cause.	1870

(C) If the exercise of a peremptory challenge reduces the	1871
number of members of a court-martial below the minimum required	1872
under section 5924.16 of the Revised Code, any remaining	1873
peremptory challenges shall be exercised or waived before	1874
additional members are detailed.	1875

(D) Additional members detailed to a court-martial may be	1876
challenged for cause as provided in division (A) of this section.	1877
After challenges for cause against the additional members are	1878
presented and decided, each accused and trial counsel is entitled	1879
to one peremptory challenge against members not previously	1880
challenged peremptorily.	1881

Sec. 5924.42.  (A) Before performing their respective duties,	1882
military judges, interpreters, members of general and special	1883
courts-martial, the trial counsel, the assistant trial counsel,	1884
the defense counsel, the assistant defense counsel, and reporters	1885
shall take an oath or affirmation to perform their duties	1886
faithfully. The form of the oath or affirmation, the time and	1887
place of the taking thereof, the manner of recording, and whether	1888
the oath shall be taken for all cases in which these duties are to	1889
be performed or for a particular case, shall be as prescribed in	1890
regulations promulgated by the governor. These regulations may	1891
provide that an oath or affirmation to faithfully perform duties	1892
as a military judge, trial counsel, assistant trial counsel,	1893
defense counsel, or assistant defense counsel may be taken at any	1894
time by any judge advocate, law specialist, or other person	1895
certified to be qualified or competent for the duty, and if such	1896
oath is taken it need not again be taken at the time the judge	1897
advocate, law specialist, or other person is detailed to that duty	1898
in the presence of the accused and shall be substantially as	1899
follows:	1900

(1) For a member of the court:

1901

"You, .........., do swear (or affirm) that you will	1902
faithfully perform all the duties incumbent upon you as a member	1903
of this court; that you will faithfully and impartially try,	1904
according to the evidence, your conscience, and the laws and	1905
regulations provided for trials by courts-martial, the case of	1906
(the) (each) accused now before this court; and that if any doubt	1907
should arise not explained by the laws and regulations, then	1908
according to the best of your understanding and the customs of the	1909
service in like cases; that you will not divulge the findings or	1910
sentence in any case until they shall have been duly announced by	1911
the court; and that you will not disclose or discover the vote or	1912
opinion of any particular member of the court upon a challenge or	1913
upon the findings or sentence unless required to do so before a	1914
court of justice in due course of law. So help you God (or under	1915
penalty of perjury)."	1916

(2) For a military judge:

1917

"You, .........., do swear (or affirm) that you will	1918
faithfully and impartially perform, according to your conscience	1919
and the laws and regulations provided for trials by	1920
courts-martial, all the duties incumbent upon you as military	1921
judge of this court; that if any doubt should arise not explained	1922
by the laws and regulations, then according to the best of your	1923
understanding and the customs of the service in like cases; and	1924
that you will not divulge the findings or sentence in any case	1925
until they shall have been duly announced by the court. So help	1926
you God (or under penalty of perjury)."	1927

(3) For trial counsel and assistant trial counsel:

1928

"You, .........., do swear (or affirm) that you will	1929
faithfully perform the duties of trial counsel and will not	1930
divulge the findings or sentence of the court to any but the	1931
proper authority until they shall be duly disclosed. So help you	1932
God (or under penalty of perjury)."	1933

(4) For defense counsel and assistant defense counsel:

1934

"You, .........., do swear (or affirm) that you will	1935
faithfully perform the duties of defense counsel and will not	1936
divulge the findings or sentence of the court to any but the	1937
proper authority until they shall be duly disclosed. So help you	1938
God (or under penalty of perjury)."	1939

(5) For a reporter or interpreter:

1940

"You, ..........., do swear (or affirm) that you will	1941
faithfully perform the duties of reporter (or interpreter) to this	1942
court. So help you God (or under penalty of perjury)."	1943

(B) Each witness before a military courtcourt-marital shall	1944
be examined on oath or affirmation. The presiding officer shall	1945
administer an oath or affirmation in substantially the following	1946
form:	1947

"You, .........., do swear (or affirm) that the evidence you	1948
shall give in the case now in hearing shall be the truth, the	1949
whole truth, and nothing but the truth. So help you God (or under	1950
penalty of perjury)."	1951

Sec. 5924.43.  (A) A person charged with desertion or absence	1952
without leave in time of war, or with aiding the enemy or with	1953
mutiny, or with murder, may be tried and punished at any time	1954
without limitation.	1955

(B) Except as otherwise provided in this section, a person	1956
charged with desertion in time of peace or any of the offenses	1957
punishable under sections 5924.119 to 5924.132 of the Revised	1958
Code, is not liable to be tried by court-martial if the offense	1959
was committed more than three years before the receipt of sworn	1960
charges and specifications by an officer exercising summary	1961
court-martial jurisdiction over the command.	1962

(C) Except as otherwise provided in this section, a person	1963
charged with anyan offense punishable under this code is not	1964
liable to be tried by court-martial or punished under section	1965
5924.15 of the Revised Code if the offense was committed more than	1966
twofour years before the receipt of sworn charges and	1967
specifications by an officer exercising summary court-martial	1968
jurisdiction over the command or before the imposition of	1969
punishment under section 5924.15 of the Revised Code.	1970

(D)(B) Periods in which the accused was absent from territory	1971
in which the state has the authority to apprehend him, oris in	1972
the custody of civil authorities, or in the hands of the enemy,	1973
shall be excluded in computing the period of limitation prescribed	1974
in this section.	1975

Sec. 5924.44.  (A) No person may, without his consent, be	1976
tried a second time in any military or civil courtcourt-martial	1977
of thethis state for the same offense.	1978

(B) No proceeding in which an accused has been found guilty	1979
by a court-martial upon any charge or specification is a trial in	1980
the sensefor purposes of this section until the finding of guilty	1981
has become final after review of the case has been fully	1982
completed.	1983

(C) A proceeding whichthat, after the introduction of	1984
evidence but before a finding, is dismissed or terminated by the	1985
convening authority or on motion of the prosecution for failure	1986
want of available evidence or witnesses without any fault of the	1987
accused is a trial in the sensefor purposes of this section.	1988

Sec. 5924.45.  (A) If anAn accused after arraignment makes	1989
an irregular pleading, or after a plea of guilty sets up matter	1990
inconsistent with the plea, or if it appears that he has entered	1991
the plea of guilty improvidently or through lack of understanding	1992
of its meaning and effect, or if he fails or refuses tomay plead,	1993
a plea of not guilty shall be entered in the record, and the court	1994
shall proceed as though he had pleaded not guilty.	1995

(B) A plea of guilty by the accused may not be accepted to	1996
any charge or specification alleging an offense for which the	1997
death penalty may be adjudged. If a plea of guilty has been	1998
accepted by the military judge or by a court-martial without a	1999
military judge, a finding of guilty, if permitted by regulations	2000
promulgated by the governor, shall be entered immediately without	2001
vote and shall constitute the finding of the court. If the plea of	2002
guilty is withdrawn prior to announcement of the sentence, the	2003
proceedings shall continue as though the accused had pleaded, not	2004
guilty by reason of insanity, guilty, or, with the consent of the	2005
court, no contest. A plea of not guilty by reason of insanity	2006
shall be made in writing by either the accused or the accused's	2007
attorney. All other pleas may be made orally. The pleas of not	2008
guilty and not guilty by reason of insanity may be joined.	2009

(B) If an accused refuses to plead, the court shall enter a	2010
plea of not guilty on behalf of the accused.	2011

(C) Before accepting a plea of guilty, the military judge	2012
shall address the accused personally and inform the accused of,	2013
and determine that the accused understands, all of the following:	2014

(1) The nature of the offense to which the plea is offered	2015
and the maximum possible penalty provided by law;	2016

(2) In a general or special court-martial, if the accused is	2017
not represented by counsel, that the accused has the right to be	2018
represented by counsel at every stage of the proceedings;	2019

(3) That the accused has the right to plead not guilty or to	2020
persist in that plea if already made, that the accused has the	2021
right to be tried by a court-martial, and that at trial the	2022
accused has the right to confront and cross-examine witnesses	2023
against the accused and the right against self-incrimination.	2024

(4) That if the accused pleads guilty, there will not be a	2025
trial of any kind as to those offenses to which the accused has so	2026
pleaded and that by pleading guilty the accused waives the rights	2027
described in division (C)(3) of this section;	2028

(5) That, if the accused pleads guilty, the military judge	2029
will question the accused about the offenses to which the accused	2030
has pleaded guilty, and that, if the accused answers the questions	2031
under oath, on the record, and in the presence of counsel, the	2032
accused's answers may later be used against the accused in a	2033
prosecution for perjury or false statement.	2034

(D) The military judge shall not accept a plea of guilty	2035
without first addressing the accused personally and determining	2036
that the plea is voluntary and not the result of fear, threats, or	2037
promises. The military judge shall also inquire as to whether the	2038
accused's willingness to plead guilty results from prior	2039
discussions between the convening authority, a representative of	2040
the convening authority, or trial counsel and the accused or	2041
defense counsel.	2042

(E) The military judge shall not accept a plea of guilty	2043
without making an inquiry of the accused that satisfies the	2044
military judge that there is a factual basis for the plea. The	2045
accused shall be questioned under oath about the offenses charged.	2046

(F) When a negotiated plea of guilty or no contest to one or	2047
more offenses charged or to one or more other or lesser offenses	2048
is offered, the underlying agreement upon which the plea is based	2049
shall be stated on the record in open court.	2050

(G) If the court refuses to accept a plea of guilty or no	2051
contest, the court shall enter a plea of not guilty on behalf of	2052
the accused, and neither plea shall be admissible in evidence or	2053
be the subject of comment by the trial counsel or court.	2054

(H) The defense of not guilty by reason of insanity must be	2055
pleaded at the time of arraignment, except that the court for good	2056
cause shown shall permit a plea of not guilty by reason of	2057
insanity to be entered at any time before trial.	2058

(I) A motion to withdraw a plea of guilty or no contest may	2059
be made only before sentence is imposed, but to correct manifest	2060
injustice the court after sentence may set aside the judgment of	2061
conviction and permit the accused to withdraw the plea.	2062

(J) An accused who is found guilty after pleading guilty	2063
waives any objection, whether or not previously raised, relating	2064
to the factual issue of guilt of the offense to which the plea was	2065
made.	2066

Sec. 5924.46.  (A) The trial counsel, the defense counsel,	2067
and the court-martial shall have equal opportunity to obtain	2068
witnesses and other evidence in accordance with such regulations	2069
as the governoradjutant general may prescribe.	2070

(B) The president of a court-martial or a summary court	2071
officer may:	2072

(1) Issue a warrant for the arrest of any accused person who,	2073
having been served with a warrant and a copy of the charges,	2074
disobeys a written order by the convening authority to appear	2075
before the court;	2076

(2) Issue subpoenas duces tecum and other subpoenas;

2077

(3) Enforce by attachment the attendance of witnesses and the	2078
production of books and papers; and	2079

(4) Sentence for refusal to be sworn or to answer, as	2080
provided in actions before civil courts of the state.	2081

(C) Process issued in court-martial cases to compel witnesses	2082
to appear and testify and to compel the production of other	2083
evidence shall be substantially similar to process that may be	2084
issued by the courts of this state in criminal cases and shall run	2085
to any part of the state.	2086

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

2087

(1) Hashas been duly subpoenaed to appear as a witness or to	2088
produce books and records before a military court or before any	2089
military or civil officer designated to take a deposition to be	2090
read in evidence before such a military court;	2091

(2) Hasor has been duly paid or tendered the fees and	2092
mileage of a witness at the rates provided for under section	2093
119.094 of the Revised Code; and	2094

(3) Willfullywho willfully neglects or refuses to appear, or	2095
refuses to qualify as a witness or to testify or to produce any	2096
evidence which that the person may have been legally subpoenaed	2097
to produce; is guilty of an offense against the state and, may be	2098
punished for contempt in the same manner as if committed before	2099
civil courts of the stateprovided for in Chapter 2705. of the	2100
Revised Code.	2101

Sec. 5924.48.  A military court, in the manner provided for	2102
in Chapter 2705. of the Revised Code, may punish for contempt any	2103
person who uses any menacing word, sign, or gesture in its	2104
presence, or who disturbs its proceedings by any riot or disorder.	2105
The punishment may not exceed confinement for thirty days or a	2106
fine of one hundred dollars, or bothis guilty of any act	2107
described in section 2705.02 of the Revised Code.	2108

Sec. 5924.49. (A) At any time after charges have been signed	2109
as provided in section 5924.30 of the Revised Code, any party may	2110
take oral or written depositions unless the military judge or	2111
court-martial without a military judge hearing the case or, if the	2112
case is not being heard, an authority competent to convene a	2113
court-martial for the trial of those charges forbids it for good	2114
cause. If a deposition is to be taken before charges are referred	2115
for trial, such an authority may designate commissioned officers	2116
to represent the prosecution and the defense and may authorize	2117
those officers to take the deposition of any witness.	2118

(B) The party at whose instance a deposition is to be taken	2119
shall give to every other party reasonable written notice of the	2120
time and place for taking the deposition.	2121

(C) Depositions may be taken before and authenticated by any	2122
military or civil officer authorized by the laws of the state or	2123
by the laws of the place where the deposition is taken to	2124
administer oaths.	2125

(D) A duly authenticated deposition, taken upon reasonable	2126
notice to the other parties, so far as otherwise admissible under	2127
the rules of evidence, may be read in evidence before any	2128
court-martial or in any proceeding before a court of inquiry, if	2129
it appears:	2130

(1) That the witness resides or is beyond the state in which	2131
the court-martial or court of inquiry is ordered to sit, or beyond	2132
the distance of one hundred miles from the place of trial or	2133
hearing;	2134

(2) That the witness by reason of death, age, sickness,	2135
bodily infirmity, imprisonment, military necessity, nonamenability	2136
to process, or other reasonable cause, is unable or refused to	2137
appear and testify in person at the place of trial or hearing;	2138

(3) That the present whereabouts of the witness is unknown;	2139
or	2140

(4) That the deposition was taken in the physical presence of	2141
the accusedin the manner and for the purposes provided in the	2142
Ohio Rules of Criminal Procedure.	2143

Sec. 5924.50.  (A) In any case not capital and not extending	2144
to the dismissal of a commissioned officer, the sworn testimony,	2145
contained in the duly authenticated record of proceedings of a	2146
courtboard of inquiry,officers of a person whose oral testimony	2147
cannot be obtained, may, if otherwise admissible under the rules	2148
of evidence, be read in evidence by any party before a	2149
court-martial if the accused was a party before the courtboard of	2150
inquiryofficers and if the same issue was involved or if the	2151
accused consents to the introduction of such evidence, and if the	2152
accused was physically present when the testimony was taken.	2153

(B) Such testimony may be read in evidence only by the	2154
defense in cases extending to the dismissal of a commissioned	2155
officer.	2156

(C) Such testimony may also be read in evidence before a	2157
court of inquiry or a military board of officers.	2158

Sec. 5924.501.  (A) In an action under this code, the	2159
military judge, trial counsel, defense counsel, or civilian	2160
counsel may raise the issue of the accused's competence to stand	2161
trial. If the issue is raised before the trial has commenced, the	2162
court shall hold a hearing on the issue as provided in this	2163
section. If the issue is raised after the trial has commenced, the	2164
court shall hold a hearing on the issue only for good cause shown	2165
or on the court's own motion.	2166

(B) The court shall conduct the hearing required or	2167
authorized under division (A) of this section within thirty days	2168
after the issue is raised unless the accused has been referred for	2169
evaluation in which case the court shall conduct the hearing	2170
within ten days after the filing of the report of the evaluation.	2171
A hearing may be continued for good cause.	2172

(C) The accused shall be represented by counsel at the	2173
hearing conducted under division (B) of this section.	2174

(D) The trial counsel and defense counsel may submit evidence	2175
on the issue of the accused's competence to stand trial. A written	2176
report of the evaluation of the accused may be admitted into	2177
evidence at the hearing by stipulation, but, if either the	2178
government or defense objects to its admission, the report may be	2179
admitted under seal of court in camera to the military judge.	2180

(E) The court shall not find an accused incompetent to stand	2181
trial solely because the accused is receiving or has received	2182
treatment as a voluntary or involuntary mentally ill patient under	2183
Chapter 5122. of the Revised Code or because the accused is	2184
receiving or has received psychotropic drugs or other medication,	2185
even if the accused might become incompetent to stand trial	2186
without the drugs or medication.	2187

(F) An accused is presumed to be competent to stand trial.	2188
If, after a hearing, the court finds by a preponderance of the	2189
evidence that, because of the accused's present mental condition,	2190
the accused is incapable of understanding the nature and objective	2191
of the proceedings against the accused or of assisting in the	2192
accused's defense, the court shall find the accused incompetent to	2193
stand trial and shall enter an order authorized by section	2194
5924.503 of the Revised Code.	2195

Sec. 5924.502.  (A) If the issue of an accused's competence	2196
to stand trial is raised or if an accused enters a plea of not	2197
guilty by reason of insanity, the court may order one or more	2198
evaluations of the accused's present mental condition or, in the	2199
case of a plea of not guilty by reason of insanity, of the	2200
accused's mental condition at the time of the offense charged. An	2201
examiner shall conduct the evaluation.	2202

(B) If the court orders more than one evaluation under	2203
division (A) of this section, the trial counsel and the defense	2204
counsel may recommend to the court an examiner whom each prefers	2205
to perform one of the evaluations. If an accused enters a plea of	2206
not guilty by reason of insanity and if the court does not	2207
designate an examiner recommended by the defense counsel, the	2208
court shall inform the accused that the accused may have	2209
independent expert evaluation and that it will be obtained for the	2210
accused at public expense.	2211

(C) If the court orders an evaluation under division (A) of	2212
this section, the accused shall be available at the times and	2213
places established by the examiners who are to conduct the	2214
evaluation. The court may order an accused who is not being held	2215
in pretrial confinement to submit to an evaluation under this	2216
section. If an accused who is not being held in pretrial	2217
confinement refuses to submit to a complete evaluation, the court	2218
may order the sheriff to take the accused into custody and deliver	2219
the accused to a center, program, or facility operated or	2220
certified by the department of mental health where the accused may	2221
be held for evaluation for a reasonable period of time not to	2222
exceed twenty days.	2223

(D) An accused who is being held in pretrial confinement may	2224
be evaluated at the accused's place of detention. Upon the request	2225
of the examiner, the court may order the sheriff to transport the	2226
accused to a program or facility operated or certified by the	2227
department of mental health, where the accused may be held for	2228
evaluation for a reasonable period of time not to exceed twenty	2229
days, and to return the accused to the place of detention after	2230
the evaluation.	2231

(E) If a court orders the evaluation to determine an	2232
accused's mental condition at the time of the offense charged, the	2233
court shall inform the examiner of the offense with which the	2234
accused is charged.	2235

(F) In conducting an evaluation of an accused's mental	2236
condition at the time of the offense charged, the examiner shall	2237
consider all relevant evidence. If the offense charged involves	2238
the use of force against another person, the relevant evidence to	2239
be considered includes, but is not limited to, any evidence that	2240
the accused suffered at the time of the commission of the offense	2241
from the "battered woman syndrome."	2242

(G) The examiner shall file a written report with the court	2243
within thirty days after entry of a court order for evaluation,	2244
and the court shall provide copies of the report to the trial	2245
counsel and defense counsel. The report shall include all of the	2246
following:	2247

(1) The examiner's findings;

2248

(2) The facts in reasonable detail on which the findings are	2249
based;	2250

(3) If the evaluation was ordered to determine the accused's	2251
competence to stand trial, all of the following findings or	2252
recommendations that are applicable:	2253

(a) Whether the accused is capable of understanding the	2254
nature and objective of the proceedings against the accused or of	2255
assisting in the accused's defense;	2256

(b) If the examiner's opinion is that the accused is	2257
incapable of understanding the nature and objective of the	2258
proceedings against the accused or of assisting in the accused's	2259
defense, whether the accused presently is mentally ill;	2260

(c) If the examiner's opinion is that the accused is	2261
incapable of understanding the nature and objective of the	2262
proceedings against the accused or of assisting in the accused's	2263
defense, the examiner's opinion as to the likelihood of the	2264
accused becoming capable of understanding the nature and objective	2265
of the proceedings against the accused and of assisting in the	2266
accused's defense within one year if the accused is provided with	2267
a course of treatment;	2268

(d) If the examiner's opinion is that the accused is	2269
incapable of understanding the nature and objective of the	2270
proceedings against the accused or of assisting in the accused's	2271
defense and that the accused presently is mentally ill, the	2272
examiner's recommendation as to the least restrictive placement or	2273
commitment alternative, consistent with the accused's treatment	2274
needs for restoration to competency and with the safety of the	2275
community;	2276

(e) If the accused is charged before a special or summary	2277
court-martial with an offense that is not a violation of section	2278
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2279
examiner's opinion is that the accused is incapable of	2280
understanding the nature and objective of the proceedings against	2281
the accused or of assisting in the accused's defense and that the	2282
accused is presently mentally ill, the examiner's recommendation	2283
as to whether the accused is amenable to engagement in mental	2284
health treatment.	2285

(4) If the evaluation was ordered to determine the accused's	2286
mental condition at the time of the offense charged, the	2287
examiner's findings as to whether the accused at the time of the	2288
offense charged did not know, as a result of a severe mental	2289
disease or defect, the wrongfulness of the accused's acts charged.	2290

(H) An examiner appointed under divisions (A) and (B) of this	2291
section to evaluate an accused to determine the accused's	2292
competence to stand trial also may be appointed to evaluate an	2293
accused who has entered a plea of not guilty by reason of	2294
insanity, but an examiner of that nature shall prepare separate	2295
reports on the issue of competence to stand trial and the defense	2296
of not guilty by reason of insanity.	2297

(I) No statement that an accused makes in an evaluation or	2298
hearing under divisions (A) to (H) of this section relating to the	2299
accused's competence to stand trial or to the accused's mental	2300
condition at the time of the offense charged may be used against	2301
the accused on the issue of guilt in any criminal action or	2302
proceeding, but, in a criminal action or proceeding, the trial	2303
counsel or defense counsel may call as a witness any person who	2304
evaluated the accused or prepared a report pursuant to a referral	2305
under this section. Neither the appointment nor the testimony of	2306
an examiner appointed under this section precludes the trial	2307
counsel or defense counsel from calling other witnesses or	2308
presenting other evidence on competency or insanity issues.	2309

(J) Persons appointed as examiners under divisions (A) and	2310
(B) of this section or under division (H) of this section shall be	2311
paid a reasonable amount for their services and expenses, as	2312
certified by the court.	2313

Sec. 5924.503.  (A) If the issue of an accused's competence	2314
to stand trial is raised and if the court, upon conducting the	2315
hearing provided for in section 5924.502 of the Revised Code,	2316
finds that the accused is competent to stand trial, the accused	2317
shall be proceeded against as provided by law. If the court finds	2318
the accused competent to stand trial and the accused is receiving	2319
psychotropic drugs or other medication, the court may authorize	2320
the continued administration of the drugs or medication or other	2321
appropriate treatment in order to maintain the accused's	2322
competence to stand trial unless the accused's attending physician	2323
advises the court against continuation of the drugs, other	2324
medication, or treatment.	2325

(B)(1)(a) If, after taking into consideration all relevant	2326
reports, information, and other evidence, the court finds that the	2327
accused is incompetent to stand trial and that there is a	2328
substantial probability that the accused will become competent to	2329
stand trial within one year if the accused is provided with a	2330
course of treatment, the court shall order the accused to undergo	2331
treatment. If the accused is being tried by a general	2332
court-martial and if, after taking into consideration all relevant	2333
reports, information, and other evidence, the court finds that the	2334
accused is incompetent to stand trial, but the court is unable at	2335
that time to determine whether there is a substantial probability	2336
that the accused will become competent to stand trial within one	2337
year if the accused is provided with a course of treatment, the	2338
court shall order continuing evaluation and treatment of the	2339
accused for a period not to exceed four months to determine	2340
whether there is a substantial probability that the accused will	2341
become competent to stand trial within one year if the accused is	2342
provided with a course of treatment.	2343

(b) The court order for the accused to undergo treatment or	2344
continuing evaluation and treatment under division (B)(1)(a) of	2345
this section shall specify that the accused, if determined to	2346
require mental health treatment or continuing evaluation and	2347
treatment, shall be committed to the department of mental health	2348
for treatment or continuing evaluation and treatment at a	2349
hospital, facility, or agency determined to be clinically	2350
appropriate by the department of mental health. The order may	2351
restrict the accused's freedom of movement as the court considers	2352
necessary. The trial counsel in the accused's case shall send to	2353
the chief clinical officer of the hospital, facility, or agency	2354
where the accused is placed by the department of mental health or	2355
to the managing officer of the institution, the director of the	2356
facility, or the person to which the accused is committed copies	2357
of relevant investigative reports and other background information	2358
that pertains to the accused and is available to the trial counsel	2359
unless the trial counsel determines that the release of any of the	2360
information in the investigative reports or any of the other	2361
background information to unauthorized persons would interfere	2362
with the effective prosecution of any person or would create a	2363
substantial risk of harm to any person.	2364

In committing the accused to the department of mental health,	2365
the court shall consider the extent to which the person is a	2366
danger to the person and to others, the need for security, and the	2367
type of crime involved and, if the court finds that restrictions	2368
on the accused's freedom of movement are necessary, shall specify	2369
the least restrictive limitations on the person's freedom of	2370
movement determined to be necessary to protect public safety. In	2371
weighing these factors, the court shall give preference to	2372
protecting public safety.	2373

(c) If the accused is found incompetent to stand trial, if	2374
the chief clinical officer of the hospital, facility, or agency	2375
where the accused is placed, or the managing officer of the	2376
institution, the director of the facility, or the person to which	2377
the accused is committed for treatment or continuing evaluation	2378
and treatment under division (B)(1)(b) of this section determines	2379
that medication is necessary to restore the accused's competency	2380
to stand trial, and if the accused lacks the capacity to give	2381
informed consent or refuses medication, the chief clinical officer	2382
of the hospital, facility, or agency where the accused is placed	2383
or the managing officer of the institution, the director of the	2384
facility, or the person to which the accused is committed for	2385
treatment or continuing evaluation and treatment may petition the	2386
court for authorization for the involuntary administration of	2387
medication. The court shall hold a hearing on the petition within	2388
five days of the filing of the petition. Following the hearing,	2389
the court may authorize the involuntary administration of	2390
medication or may dismiss the petition.	2391

(d) If the accused is charged before a special or summary	2392
court-martial with an offense that is not a violation of section	2393
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2394
counsel may hold the charges in abeyance while the accused engages	2395
in mental health treatment.	2396

(2) If the court finds that the accused is incompetent to	2397
stand trial and that, even if the accused is provided with a	2398
course of treatment, there is not a substantial probability that	2399
the accused will become competent to stand trial within one year,	2400
the court shall order the discharge of the accused, unless upon	2401
motion of the trial counsel or on its own motion, the court either	2402
seeks to retain jurisdiction over the accused pursuant to division	2403
(A)(2) of section 5924.504 of the Revised Code or files an	2404
affidavit in the probate court for the civil commitment of the	2405
accused pursuant to Chapter 5122. of the Revised Code alleging	2406
that the accused is a mentally ill person subject to	2407
hospitalization by court order. If an affidavit is filed in the	2408
probate court, the trial court shall send to the probate court	2409
copies of all written reports of the accused's mental condition	2410
that were prepared pursuant to section 5924.502 of the Revised	2411
Code.	2412

The trial court may issue the temporary order of detention	2413
that a probate court may issue under section 5122.11 of the	2414
Revised Code, to remain in effect until the probable cause or	2415
initial hearing in the probate court. Further proceedings in the	2416
probate court are civil proceedings governed by Chapter 5122. of	2417
the Revised Code.	2418

(C) No accused shall be required to undergo treatment,	2419
including any continuing evaluation and treatment, under division	2420
(B)(1) of this section for longer than whichever of the following	2421
periods is applicable:	2422

(1) One year, if the accused is being tried by a general	2423
court-martial;	2424

(2) Six months, if the accused is being tried before a	2425
special court-martial;	2426

(3) Sixty days, if the accused is being tried before a	2427
summary court-martial.	2428

(D) Any accused who is committed pursuant to this section	2429
shall not voluntarily admit the accused or be voluntarily admitted	2430
to a hospital or institution pursuant to section 5122.02 or	2431
5122.15 of the Revised Code.	2432

(E) Except as otherwise provided in this division, an accused	2433
who is charged with an offense and is committed by the court under	2434
this section to the department of mental health with restrictions	2435
on the accused's freedom of movement shall not be granted	2436
unsupervised on-grounds movement, supervised off-grounds movement,	2437
or nonsecured status except in accordance with the court order.	2438
The court may grant an accused supervised off-grounds movement to	2439
obtain medical treatment or specialized habilitation treatment	2440
services if the person who supervises the treatment or the	2441
continuing evaluation and treatment of the accused ordered under	2442
division (B)(1)(a) of this section informs the court that the	2443
treatment or continuing evaluation and treatment cannot be	2444
provided at the hospital or facility where the accused is placed	2445
by the department of mental health. The chief clinical officer of	2446
the hospital or facility where the accused is placed by the	2447
department of mental health or the managing officer of the	2448
institution or director of the facility to which the accused is	2449
committed or a designee of any of those persons may grant an	2450
accused movement to a medical facility for an emergency medical	2451
situation with appropriate supervision to ensure the safety of the	2452
accused, staff, and community during that emergency medical	2453
situation. The chief clinical officer of the hospital or facility	2454
where the accused is placed by the department of mental health or	2455
the managing officer of the institution or director of the	2456
facility to which the accused is committed shall notify the court	2457
within twenty-four hours of the accused's movement to the medical	2458
facility for an emergency medical situation under this division.	2459

(F) The person who supervises the treatment or continuing	2460
evaluation and treatment of an accused ordered to undergo	2461
treatment or continuing evaluation and treatment under division	2462
(B)(1)(a) of this section shall file a written report with the	2463
court at the following times:	2464

(1) Whenever the person believes the accused is capable of	2465
understanding the nature and objective of the proceedings against	2466
the accused and of assisting in the accused's defense;	2467

(2) Fourteen days before expiration of the maximum time for	2468
treatment as specified in division (C) of this section and	2469
fourteen days before the expiration of the maximum time for	2470
continuing evaluation and treatment as specified in division	2471
(B)(1)(a) of this section;	2472

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

2473

(4) Whenever the person who supervises the treatment or	2474
continuing evaluation and treatment of an accused ordered under	2475
division (B)(1)(a) of this section believes that there is not a	2476
substantial probability that the accused will become capable of	2477
understanding the nature and objective of the proceedings against	2478
the accused or of assisting in the accused's defense even if the	2479
accused is provided with a course of treatment.	2480

(G) A report under division (F) of this section shall contain	2481
the examiner's findings, the facts in reasonable detail on which	2482
the findings are based, and the examiner's opinion as to the	2483
accused's capability of understanding the nature and objective of	2484
the proceedings against the accused and of assisting in the	2485
accused's defense. If, in the examiner's opinion, the accused	2486
remains incapable of understanding the nature and objective of the	2487
proceedings against the accused and of assisting in the accused's	2488
defense and there is a substantial probability that the accused	2489
will become capable of understanding the nature and objective of	2490
the proceedings against the accused and of assisting in the	2491
accused's defense if the accused is provided with a course of	2492
treatment, if in the examiner's opinion the accused remains	2493
mentally ill, and if the maximum time for treatment as specified	2494
in division (C) of this section has not expired, the report also	2495
shall contain the examiner's recommendation as to the least	2496
restrictive placement or commitment alternative that is consistent	2497
with the accused's treatment needs for restoration to competency	2498
and with the safety of the community. The court shall provide	2499
copies of the report to the trial counsel and defense counsel.	2500

(H) If an accused is committed pursuant to division (B)(1) of	2501
this section, within ten days after the treating physician of the	2502
accused or the examiner of the accused who is employed or retained	2503
by the treating facility advises that there is not a substantial	2504
probability that the accused will become capable of understanding	2505
the nature and objective of the proceedings against the accused or	2506
of assisting in the accused's defense even if the accused is	2507
provided with a course of treatment, within ten days after the	2508
expiration of the maximum time for treatment as specified in	2509
division (C) of this section, within ten days after the expiration	2510
of the maximum time for continuing evaluation and treatment as	2511
specified in division (B)(1)(a) of this section, within thirty	2512
days after an accused's request for a hearing that is made after	2513
six months of treatment, or within thirty days after being advised	2514
by the treating physician or examiner that the accused is	2515
competent to stand trial, whichever is the earliest, the court	2516
shall conduct another hearing to determine if the accused is	2517
competent to stand trial and shall do whichever of the following	2518
is applicable:	2519

(1) If the court finds that the accused is competent to stand	2520
trial, the accused shall be proceeded against as provided by law.	2521

(2) If the court finds that the accused is incompetent to	2522
stand trial, but that there is a substantial probability that the	2523
accused will become competent to stand trial if the accused is	2524
provided with a course of treatment, and the maximum time for	2525
treatment as specified in division (C) of this section has not	2526
expired, the court, after consideration of the examiner's	2527
recommendation, shall order that treatment be continued, may	2528
change least restrictive limitations on the accused's freedom of	2529
movement.	2530

(3) If the court finds that the accused is incompetent to	2531
stand trial, if the accused is being tried by a general	2532
court-martial, and if the court finds that there is not a	2533
substantial probability that the accused will become competent to	2534
stand trial even if the accused is provided with a course of	2535
treatment, or if the maximum time for treatment as specified in	2536
division (C) of this section has expired, further proceedings	2537
shall be as provided in sections 5924.504 to 5924.506 of the	2538
Revised Code.	2539

(4) If the court finds that the accused is incompetent to	2540
stand trial, if the accused is being tried before a special	2541
court-martial, and if the court finds that there is not a	2542
substantial probability that the accused will become competent to	2543
stand trial even if the accused is provided with a course of	2544
treatment, or if the maximum time for treatment as specified in	2545
division (C) of this section has expired, the court shall dismiss	2546
the charge against the accused. A dismissal under this division is	2547
not a bar to further prosecution based on the same conduct. The	2548
court shall discharge the accused unless the court or trial	2549
counsel files an affidavit in probate court for civil commitment	2550
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	2551
civil commitment is filed, the court may detain the accused for	2552
ten days pending civil commitment. All of the following provisions	2553
apply to persons being tried by a special court-martial who are	2554
committed by the probate court subsequent to the court's or trial	2555
counsel's filing of an affidavit for civil commitment under	2556
authority of this division:	2557

(a) The chief clinical officer of the entity, hospital, or	2558
facility, the managing officer of the institution, or the person	2559
to which the accused is committed or admitted shall do all of the	2560
following:	2561

(i) Notify the trial counsel in writing of the discharge of	2562
the accused, send the notice at least ten days prior to the	2563
discharge unless the discharge is by the probate court and state	2564
in the notice the date on which the accused will be discharged;	2565

(ii) Notify the trial counsel in writing when the accused is	2566
absent without leave or is granted unsupervised, off-grounds	2567
movement and send this notice promptly after the discovery of the	2568
absence without leave or prior to the granting of the	2569
unsupervised, off-grounds movement, whichever is applicable;	2570

(iii) Notify the trial counsel in writing of the change of	2571
the accused's commitment or admission to voluntary status, send	2572
the notice promptly upon learning of the change to voluntary	2573
status, and state in the notice the date on which the accused was	2574
committed or admitted on a voluntary status.	2575

(b) The trial counsel shall promptly inform the convening	2576
authority of any notification received under division (H)(4)(a) of	2577
this section. Upon receiving notice that the accused will be	2578
granted unsupervised, off-grounds movement, the convening	2579
authority either shall refer the charges against the accused to an	2580
investigating officer again or promptly notify the court that the	2581
convening authority does not intend to refer the charges against	2582
the accused again.	2583

(I) If an accused is convicted of a crime and sentenced to	2584
confinement, the accused's sentence shall be reduced by the total	2585
number of days the accused is confined for evaluation to determine	2586
the accused's competence to stand trial or treatment under this	2587
section and sections 5924.502 and 5924.504 of the Revised Code or	2588
by the total number of days the accused is confined for evaluation	2589
to determine the accused's mental condition at the time of the	2590
offense charged.	2591

Sec. 5924.504.  (A) If an accused being tried by a general	2592
court-martial is found incompetent to stand trial, after the	2593
expiration of the maximum time for treatment as specified in	2594
division (C) of section 5924.503 of the Revised Code or after the	2595
court finds that there is not a substantial probability that the	2596
accused will become competent to stand trial even if the accused	2597
is provided with a course of treatment, one of the following	2598
applies:	2599

(1) The court or the trial counsel may file an affidavit in	2600
probate court for civil commitment of the accused in the manner	2601
provided in Chapter 5122. of the Revised Code. If the court or	2602
trial counsel files an affidavit for civil commitment, the court	2603
may detain the accused for ten days pending civil commitment. If	2604
the probate court commits the accused subsequent to the court's or	2605
trial counsel's filing of an affidavit for civil commitment, the	2606
chief clinical officer of the entity, hospital, or facility, the	2607
managing officer of the institution, or the person to which the	2608
accused is committed or admitted shall send to the trial counsel	2609
the notices described in divisions (H)(4)(a)(i) to (iii) of	2610
section 5924.503 of the Revised Code within the periods of time	2611
and under the circumstances specified in those divisions.	2612

(2) On the motion of the trial counsel or on its own motion,	2613
the court may retain jurisdiction over the accused if at a hearing	2614
the court finds both of the following by clear and convincing	2615
evidence:	2616

(a) The accused committed the offense with which the accused	2617
is charged.	2618

(b) The accused is a mentally ill person subject to	2619
hospitalization by court order.	2620

(B) In making its determination under division (A)(2) of this	2621
section as to whether to retain jurisdiction over the accused, the	2622
court may consider all relevant evidence, including, but not	2623
limited to, any relevant psychiatric, psychological, or medical	2624
testimony or reports, the acts constituting the offense charged,	2625
and any history of the accused that is relevant to the accused's	2626
ability to conform to the law.	2627

(C) If the court conducts a hearing as described in division	2628
(A)(2) of this section and if the court does not make both	2629
findings described in divisions (A)(2)(a) and (b) of this section	2630
by clear and convincing evidence, the court shall dismiss the	2631
charges against the accused. Upon the dismissal, the court shall	2632
discharge the accused unless the court or trial counsel files an	2633
affidavit in probate court for civil commitment of the accused	2634
pursuant to Chapter 5122. of the Revised Code. If the court or	2635
trial counsel files an affidavit for civil commitment, the court	2636
may order that the accused be detained for up to ten days pending	2637
the civil commitment. If the probate court commits the accused	2638
subsequent to the court's or trial counsel's filing of an	2639
affidavit for civil commitment, the chief clinical officer of the	2640
entity, hospital, or facility, the managing officer of the	2641
institution, or the person to which the accused is committed or	2642
admitted shall send to the trial counsel the notices described in	2643
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	2644
Code within the periods of time and under the circumstances	2645
specified in those divisions. A dismissal of charges under this	2646
division is not a bar to further criminal proceedings based on the	2647
same conduct.	2648

(D)(1) If the court conducts a hearing as described in	2649
division (A)(2) of this section and if the court makes the	2650
findings described in divisions (A)(2)(a) and (b) of this section	2651
by clear and convincing evidence, the court shall commit the	2652
accused, if determined to require mental health treatment, to the	2653
department of mental health for treatment at a hospital, facility,	2654
or agency as determined clinically appropriate by the department	2655
of mental health. In committing the accused to the department of	2656
mental health, the court shall specify the least restrictive	2657
limitations on the accused's freedom of movement determined to be	2658
necessary to protect public safety.	2659

(2) If a court makes a commitment of an accused under	2660
division (D)(1) of this section, the trial counsel shall send to	2661
the hospital, facility, or agency where the accused is placed by	2662
the department of mental health or to the accused's place of	2663
commitment all reports of the accused's current mental condition	2664
and, except as otherwise provided in this division, any other	2665
relevant information, including, but not limited to, a transcript	2666
of the hearing held pursuant to division (A)(2) of this section,	2667
copies of relevant investigative reports, and copies of any prior	2668
arrest and conviction records that pertain to the accused and that	2669
the trial counsel possesses. The trial counsel shall send the	2670
reports of the accused's current mental condition in every case of	2671
commitment, and, unless the trial counsel determines that the	2672
release of any of the other relevant information to unauthorized	2673
persons would interfere with the effective prosecution of any	2674
person or would create a substantial risk of harm to any person,	2675
the trial counsel also shall send the other relevant information.	2676

(3) If a court makes a commitment under division (D)(1) of	2677
this section, all further proceedings shall be in accordance with	2678
Chapter 5122. of the Revised Code.	2679

Sec. 5924.505.  For purposes of sections 5924.502 and	2680
5924.506 of the Revised Code, a person is "not guilty by reason of	2681
insanity" relative to a charge of an offense only as described in	2682
division (A)(14) of section 2901.01 of the Revised Code. Proof	2683
that a person's reason, at the time of the commission of an	2684
offense, was so impaired that the person did not have the ability	2685
to refrain from doing the person's act or acts, does not	2686
constitute a defense.	2687

Sec. 5924.506.  (A) If an accused person is found not guilty	2688
by reason of insanity, the verdict shall state that finding, and	2689
the trial court shall conduct a full hearing to determine whether	2690
the person is a mentally ill person subject to hospitalization by	2691
court order. Prior to the hearing, if the military judge believes	2692
that there is probable cause that the person found not guilty by	2693
reason of insanity is a mentally ill person subject to	2694
hospitalization by court order, the military judge may issue a	2695
temporary order of detention for that person to remain in effect	2696
for ten court days or until the hearing, whichever occurs first.	2697

Any person detained pursuant to a temporary order of	2698
detention issued under this division shall be held in a suitable	2699
facility, taking into consideration the place and type of	2700
confinement prior to and during trial.	2701

(B) The court shall hold the hearing under division (A) of	2702
this section to determine whether the person found not guilty by	2703
reason of insanity is a mentally ill person subject to	2704
hospitalization by court order within ten court days after the	2705
finding of not guilty by reason of insanity. Failure to conduct	2706
the hearing within the ten-day period shall cause the immediate	2707
discharge of the respondent, unless the judge grants a continuance	2708
for not longer than ten court days for good cause shown or for any	2709
period of time upon motion of the respondent.	2710

(C) If a person is found not guilty by reason of insanity,	2711
the person has the right to attend a hearing conducted pursuant to	2712
this section. At the hearing, the court shall inform the person	2713
that the person has all of the following rights:	2714

(1) The right to be represented by defense counsel or to	2715
retain civilian counsel, if the person so chooses;	2716

(2) The right to have independent expert evaluation;

2717

(3) The right to subpoena witnesses and documents, to present	2718
evidence on the person's behalf, and to cross-examine witnesses	2719
against the person;	2720

(4) The right to testify in the person's own behalf and to	2721
not be compelled to testify;	2722

(5) The right to have copies of any relevant medical or	2723
mental health document in the custody of the state or of any place	2724
of commitment other than a document for which the court finds that	2725
the release to the person of information contained in the document	2726
would create a substantial risk of harm to any person.	2727

(D) The hearing under division (A) of this section shall be	2728
open to the public, and the court shall conduct the hearing in	2729
accordance with regulations prescribed by the adjutant general.	2730
The court shall make and maintain a full transcript and record of	2731
the hearing proceedings. The court may consider all relevant	2732
evidence, including, but not limited to, any relevant psychiatric,	2733
psychological, or medical testimony or reports, the acts	2734
constituting the offense in relation to which the person was found	2735
not guilty by reason of insanity, and any history of the person	2736
that is relevant to the person's ability to conform to the law.	2737

(E) Upon completion of the hearing under division (A) of this	2738
section, if the court finds there is not clear and convincing	2739
evidence that the person is a mentally ill person subject to	2740
hospitalization by court order, the court shall discharge the	2741
person, unless a detainer has been placed upon the person by the	2742
department of rehabilitation and correction, in which case the	2743
person shall be returned to that department.	2744

(F) If, at the hearing under division (A) of this section,	2745
the court finds by clear and convincing evidence that the person	2746
is a mentally ill person subject to hospitalization by court	2747
order, it shall commit the person to the department of mental	2748
health for placement in a hospital, facility, or agency as	2749
determined clinically appropriate by the department of mental	2750
health. Further proceedings shall be in accordance with Chapter	2751
5122. or 5123. of the Revised Code. In committing the accused to	2752
the department of mental health, the court shall specify the least	2753
restrictive limitations on the accused's freedom of movement	2754
determined to be necessary to protect public safety.	2755

(G) If a court makes a commitment of a person under division	2756
(F) of this section, the trial counsel shall send to the hospital,	2757
facility, or agency where the defendant is placed by the	2758
department of mental health or to the accused's place of	2759
commitment all reports of the person's current mental condition,	2760
and, except as otherwise provided in this division, any other	2761
relevant information, including, but not limited to, a transcript	2762
of the hearing held pursuant to division (A) of this section,	2763
copies of relevant investigative reports, and copies of any prior	2764
arrest and conviction records that pertain to the person and that	2765
the trial counsel possesses. The trial counsel shall send the	2766
reports of the person's current mental condition in every case of	2767
commitment, and, unless the trial counsel determines that the	2768
release of any of the other relevant information to unauthorized	2769
persons would interfere with the effective prosecution of any	2770
person or would create a substantial risk of harm to any person,	2771
the trial counsel also shall send the other relevant information.	2772

(H) A person who is committed pursuant to this section shall	2773
not voluntarily admit the person or be voluntarily admitted to a	2774
hospital or institution pursuant to sections 5122.02 and 5122.15	2775
of the Revised Code.	2776

Sec. 5924.51.  (A) Voting by members of a general or special	2777
court-martial on the findings and on the sentence, and by members	2778
of a court-martial without a military judge upon questions of	2779
challenge, shall be by secret written ballot. The junior member of	2780
the court shall in each case count the votes. The count shall be	2781
checked by the president, who shall forthwith announce the result	2782
of the ballot to the members of the court.	2783

(B) The military judge and, except for questions of	2784
challenge, the president of a court-martial without a military	2785
judge shall rule upon all questions of law and all interlocutory	2786
questions arising during the proceedings. Any such ruling made by	2787
the military judge upon any question of law or any interlocutory	2788
question other than the factual issue of mental responsibility of	2789
the accused, or by the president of a special court-martial,	2790
without a military judge upon any question of law other than a	2791
motion for a finding of not guilty, is final and constitutes the	2792
ruling of the court. However, the military judge or the president	2793
of a court-martial without a military judge may change the ruling	2794
at any time during the trial. Unless the ruling is final, if any	2795
member objects thereto, the court shall be cleared and closed and	2796
the question decided by a voice vote as provided in section	2797
5924.52 of the Revised Code, beginning with the junior in rank.	2798

(C) Before a vote is taken on the findings, the military	2799
judge or the president of a court-martial without a military judge	2800
shall, in the presence of the accused and counsel, instruct the	2801
members of the court as to the elements of the offense and charge	2802
the courtthem:	2803

(1) That the accused must be presumed to be innocent until	2804
his guilt is established by legal and competent evidence beyond	2805
reasonable doubt;	2806

(2) That in the case being considered, if there is a	2807
reasonable doubt as to the guilt of the accused, the doubt must be	2808
resolved in favor of the accused, and hethe accused must be	2809
acquitted;	2810

(3) That, if there is a reasonable doubt as to the degree of	2811
guilt, the finding must be in a lower degree as to which there is	2812
no reasonable doubt; and	2813

(4) That the burden of proof to establish the guilt of the	2814
accused beyond reasonable doubt is upon the state.	2815

(D) Divisions (A), (B), and (C) of this section do not apply	2816
to a court-martial composed of a military judge only. The military	2817
judge of such a court-martial shall determine all questions of law	2818
and fact arising during the proceedings and, if the accused is	2819
convicted, adjudge an appropriate sentence. The military judge of	2820
such a court-martial shall make a general finding and shall in	2821
addition on request find the facts speciallymake specific	2822
findings of fact. If an opinion or memorandum of decision is	2823
filed, it will be sufficient if the findings of fact appear	2824
therein.	2825

Sec. 5924.52.  (A)(1) No person may be convicted of an	2826
offense for which the death penalty is made mandatory by law,	2827
except by the concurrence of all members of the court-martial	2828
present at the time the vote is taken.	2829

(2) No person may be convicted of any other offense, except	2830
as provided in division (B) of section 5924.45 of the Revised Code	2831
or by the concurrence of two-thirds of the members of the	2832
court-martial present at the time the vote is taken.	2833

(B)(1) No person may be sentenced to suffer death, except by	2834
the concurrence of all members of the court-martial present at the	2835
time the vote is taken and for an offense in this chapter	2836
expressly made punishable by death.	2837

(2) No person may be sentenced to life imprisonment or to	2838
confinement for more than ten years, except by the concurrence of	2839
three-fourths of the members present at the time the vote is	2840
taken.	2841

(3) All other sentences shall be determined by the	2842
concurrence of two-thirds of the members present at the time the	2843
vote is taken.	2844

(C) All other questions to be decided by the members of a	2845
general or special court-martial shall be determined by a majority	2846
vote, but a determination to reconsider a finding of guilty or to	2847
reconsider a sentence, to decrease or lessen it, may be made by	2848
any lesser vote whichthat indicates that the reconsideration is	2849
not opposed by the number of votes required for that finding or	2850
sentence. A tie vote on a challenge disqualifies the member	2851
challenged. A tie vote on a motion for a finding of not guilty or	2852
on a motion relating to the question of the accused's sanity is a	2853
determination against the accused. A tie vote on any other	2854
question is a determination in favor of the accused.	2855

Sec. 5924.54.  (A) Each general court-martial shall keep a	2856
separate record of the proceedings in each case brought before it,	2857
and the record shall be authenticated by the signature of the	2858
military judge. If the record cannot be authenticated by the	2859
military judge by reason of his death, disability, or absence, it	2860
shall be authenticated by the signature of the trial counsel or by	2861
that of a member if the trial counsel is unable to authenticate it	2862
by reason of his death, disability, or absence. In a court-martial	2863
consisting of only a military judge, the record shall be	2864
authenticated by the court reporter under the same conditions	2865
whichthat would impose such a duty on a member under this	2866
division if the proceedings have resulted in an acquittal of all	2867
charges and specifications or, if not affecting a general or flag	2868
officer, in a sentence not including discharge and not in excess	2869
of that which may otherwise be adjudged by a special	2870
court-martial. The record shall contain matters as may be	2871
prescribed by regulations of the governor.	2872

(B) Each special and summary court-martial shall keep a	2873
separate record of the proceedings in each case, whichand the	2874
record shall contain such matter and be authenticated in suchthe	2875
manner as may be required by regulations which the governor may	2876
prescribeprescribed by the adjutant general.	2877

(C)(1) A complete record of the proceedings and testimony	2878
shall be prepared in the following cases:	2879

(a) Each case tried before a general court-martial in which	2880
the sentence adjudged includes a dismissal, a discharge, or any	2881
punishment that exceeds the punishment that may otherwise be	2882
adjudged by a special court-martial;	2883

(b) Each case tried before a special court-martial in which	2884
the sentence adjudged includes a bad-conduct discharge or	2885
confinement for more than six months.	2886

(2) In all other cases tried before a court-martial, the	2887
record shall contain any matters that are required by regulations	2888
of the adjutant general. A copy of the record of the proceedings	2889
of each general and special court-martial shall be given to the	2890
accused as soon as it is authenticated. If a verbatim record of	2891
trial by general or special court-martial is not required under	2892
divisions (A) and (B) of this section, the accused may buy such a	2893
record under such regulations as the governor may prescribe.	2894

Sec. 5924.56.  The punishment whichthat a court-martial may	2895
direct for an offense may not exceed limits prescribed by this	2896
code or such lesser limits as the governor may prescribeadjutant	2897
general for the offense.	2898

Sec. 5924.57.  (A) Whenever a sentence of a court-martial as	2899
lawfully adjudged and approved includes a forfeitures(1) A	2900
forfeiture of pay or allowances in addition to confinement not	2901
suspended or deferred, the forfeiture may apply to pay or	2902
allowances becoming due on or after the date the sentence is	2903
approved by the convening authority. No forfeiture may extend to	2904
any pay or allowances accrued before that dateor reduction in	2905
grade that is included in a sentence of a court-martial takes	2906
effect on the earlier of the date that is fourteen days after the	2907
date on which the sentence is adjudged or the date on which the	2908
sentence is approved by the convening authority.	2909

(2) On application of an accused, the convening authority may	2910
defer a forfeiture of pay or allowances or reduction in grade that	2911
would otherwise become effective on the date that is fourteen days	2912
after the date on which the sentence is adjudged until the date on	2913
which the sentence is approved by the convening authority. The	2914
convening authority may at any time rescind a deferment granted	2915
under this division.	2916

(3) A forfeiture of pay or allowances applies to pay or	2917
allowances accruing on and after the date on which the sentence	2918
takes effect.	2919

(B) Any period of confinement included in a sentence of a	2920
court-martial begins to run from the date the sentence is adjudged	2921
by the court-martial, but periods during which the sentence to	2922
confinement is suspended or deferred shall be excluded in	2923
computing the service of the term of confinement. Regulations	2924
prescribed by the governor may provide that sentences of	2925
confinement may not be executed until approved by designated	2926
officers.	2927

(C) All other sentences of courts-martial are effective on	2928
the date ordered executed.	2929

(D)(1) On application by an accused who is under sentence to	2930
confinement that has not been ordered executed, the convening	2931
authority or, if the accused is no longer under histhe convening	2932
authority's jurisdiction, the governor,officer exercising general	2933
court-martial jurisdiction over the command to which the accused	2934
is currently assigned may in histhe officer's sole discretion	2935
defer service of the sentence to confinement. The deferment shall	2936
terminate when the sentence is ordered executed. The deferment may	2937
be rescinded at any time by the officer who granted it or, if the	2938
accused is no longer under histhe officer's jurisdiction, by the	2939
governorofficer exercising general court-martial jurisdiction	2940
over the command to which the accused is currently assigned.	2941

(2) In any case in which a court-martial sentences a person	2942
described in division (D)(3) of this section to confinement, the	2943
convening authority may defer the service of the sentence to	2944
confinement, without the consent of that person, until after the	2945
person has been permanently released to the armed forces by a	2946
state or foreign country referred to in that division.	2947

(3) Division (D)(2) of this section applies to a person	2948
subject to this chapter who, while in the custody of a state or	2949
foreign country, is temporarily returned by that state or foreign	2950
country to the armed forces for trial by court-martial and after	2951
the court-martial is returned to that state or foreign country	2952
under the authority of a mutual agreement or treaty.	2953

(4) As used in division (D)(3) of this section, "state"	2954
includes the District of Columbia and any state, commonwealth,	2955
territory, or possession of the United States having a national	2956
guard.	2957

(E) In any case in which a sentence to confinement has been	2958
ordered executed but in which review of the case under section	2959
5924.64 of the Revised Code is pending, the adjutant general may	2960
defer further service of the sentence while the review is pending.	2961

Sec. 5924.58.  (A) ASubject to regulations prescribed by the	2962
adjutant general, a sentence of confinement adjudged by a	2963
court-martial or other military courttribunal, whether or not the	2964
sentence includes discharge or dismissal, and whether or not the	2965
discharge or dismissal has been executed, may be carried into	2966
execution by confinement in any place of confinement under the	2967
control of any of the forces of the organized militia or in any	2968
jail or prison designated for that purposejail or correctional	2969
facility in this state. Persons so confined in a jail or prison	2970
are subject to the same discipline and treatment as persons	2971
confined or committed to the jail or prisoncorrectional facility	2972
by the courts of the state or of any political subdivision	2973
thereofof the state.	2974

(B) The omission of the words "hard labor" from any sentence	2975
or punishment of a court-martial adjudging confinement does not	2976
deprive the authority executing that sentence or punishment of the	2977
power to require hard labor as a part of the punishment.	2978

(C) The keepers, officers, and wardens of city or county	2979
jails and of other jails or prisons designated by the governor, or	2980
by such person as he may authorize to act under section 5924.11 of	2981
the Revised Code and of this code, shall receive persons ordered	2982
into confinement before trial and persons committed to confinement	2983
by a military court and shall confine them according to law. No	2984
such keeper, officer, or warden may require payment of any fee or	2985
chargekind may be required for so receiving or confining a person	2986
housing a prisoner under this code.	2987

Sec. 5924.581.  (A) Except as otherwise provided in	2988
regulations made by the adjutant general, a court-martial sentence	2989
of an enlisted member in a pay grade above E-1 that includes a	2990
dishonorable or bad-conduct discharge, confinement, or hard labor	2991
without confinement reduces the member to pay grade E-1, effective	2992
on the date the convening authority approves the sentence.	2993

(B) If the sentence of a member who is reduced in pay grade	2994
under division (A) of this section is set aside or disapproved, or	2995
as finally approved does not include a dishonorable or bad-conduct	2996
discharge, confinement, or hard labor without confinement, the	2997
rights and privileges of which the member was deprived because of	2998
the reduction in pay are restored, and the member shall be paid	2999
the pay and allowances that the member would have been paid for	3000
the period the reduction was in effect had the member not been	3001
reduced in pay.	3002

Sec. 5924.582.  (A) A member who receives a court-martial	3003
sentence that includes confinement for more than six months or	3004
confinement for six months or less and a dishonorable or	3005
bad-conduct discharge or dismissal forfeits pay, or pay and	3006
allowances, during any period of confinement or parole. The	3007
forfeiture takes effect on the date determined under section	3008
5924.57 of the Revised Code and may be deferred as provided by	3009
that section. The pay and allowances forfeited as a result of a	3010
sentence imposed by a general court-martial shall be all pay and	3011
allowances due during any period of confinement or parole. The pay	3012
and allowances forfeited as a result of a sentence imposed by a	3013
special court-martial shall be two-thirds of all pay and	3014
allowances due during any period of confinement or parole.	3015

(B) If a member subject to forfeiture of pay or pay and	3016
allowances under division (A) of this section has dependents, the	3017
convening authority or other person acting under section 5924.60	3018
of the Revised Code may waive all or part of the forfeiture of pay	3019
and allowances for a period not exceeding six months. Any pay or	3020
allowances paid as a result of a waiver shall be paid, as the	3021
convening authority or other person taking action directs, to the	3022
dependents of the accused member.	3023

(C) If the sentence of a member who forfeits pay and	3024
allowances under division (A) of this section is set aside or	3025
disapproved or, as finally approved, does not provide for a	3026
punishment that includes confinement for more than six months or	3027
confinement for six months or less and a dishonorable or	3028
bad-conduct discharge or dismissal, the member shall be paid the	3029
pay and allowances that the member would have been paid for the	3030
period the forfeiture was in effect had the member's pay and	3031
allowances not been forfeited.	3032

Sec. 5924.59.  (A) A finding or sentence of a court-martial	3033
may not be held incorrect on the ground of an error of law unless	3034
the error materially prejudices the substantial rights of the	3035
accused.	3036

(B) Any reviewing authority with the power to approve or	3037
affirm a finding of guilty may instead approve or affirm so much	3038
of the finding as includes a lesser included offense.	3039

Sec. 5924.60. After a trial by(A) A court-martial, the	3040
record shall be forwardedreport its findings and sentence to the	3041
convening authority, as reviewing authority, and action thereon	3042
may be taken byafter announcing the person who convened the	3043
court, a commissioned officer commanding for the time being, a	3044
successor in command, or by the governorsentence.	3045

(B)(1) The accused may submit to the convening authority	3046
matters relating to the findings and sentence to the convening	3047
authority for its consideration. A submission shall be in writing.	3048
A submission shall be made within ten days after the accused has	3049
been given an authenticated record of trial and, if applicable,	3050
the recommendation of the staff judge advocate or legal officer	3051
under division (D) of this section or, in a summary court-martial	3052
case, within seven days after the sentence is announced.	3053

(2) The convening authority or other person taking action	3054
under this section, for good cause shown by the accused, may	3055
extend the period for submission of matters under division (B)(1)	3056
of this section for not more than twenty days.	3057

(3) In a summary court-martial case, the summary court	3058
officer shall promptly provide the accused with a copy of the	3059
record of trial for use in preparing a submission authorized by	3060
division (B)(1) of this section.	3061

(4) The accused may waive the right to make a submission	3062
under division (B)(1) of this section. A waiver shall be made in	3063
writing and may not be revoked. The time within which the accused	3064
may make a submission under this subsection expires upon the	3065
submission of a waiver to the convening authority.	3066

(C)(1) The authority under this section to act on the	3067
findings and sentence of a court-martial is a matter of command	3068
prerogative involving the sole discretion of the convening	3069
authority. Pursuant to regulations prescribed by the adjutant	3070
general, a commissioned officer commanding for the time being, a	3071
successor in command, or any person exercising general	3072
court-martial jurisdiction may act under this section in place of	3073
the convening authority.	3074

(2) The convening authority or another person authorized to	3075
act under this section may act on the sentence of a court-martial	3076
pursuant to division (B)(3) of this section. Subject to	3077
regulations prescribed by the adjutant general, the convening	3078
authority or other authorized person may act only after the	3079
accused submits matters under division (B) of this section or the	3080
time for submitting matters expires, whichever is earlier. If the	3081
accused makes a submission, the convening authority or other	3082
authorized person shall take the submission into consideration	3083
before acting.	3084

(3) The convening authority or other authorized person, in	3085
the convening authority's or other authorized person's sole	3086
discretion, may approve, disapprove, commute, or suspend the	3087
sentence of a court-martial in whole or in part. The convening	3088
authority or other authorized person acting on a sentence may but	3089
is not required to take action on the findings of the	3090
court-martial. A convening authority or other authorized person	3091
that chooses to act on the findings may dismiss any charge or	3092
specification by setting aside a finding of guilt with regard to	3093
that charge or specification or may change a finding of guilty	3094
with regard to a charge or specification to a finding of guilty to	3095
an offense that is a lesser included offense of the offense stated	3096
in the charge or specification.	3097

(D) Before acting under this section on any general	3098
court-martial case or on any special court-martial case that	3099
includes a bad-conduct discharge, the convening authority or other	3100
authorized person shall obtain and consider the written	3101
recommendation of the convening authority's or other authorized	3102
person's staff judge advocate or legal officer. The convening	3103
authority or other authorized person shall refer the record of	3104
trial to the staff judge advocate or legal officer. The staff	3105
judge advocate or legal officer shall use the record in the	3106
preparation of a recommendation. The recommendation shall include	3107
any matters that the adjutant general may require by regulation	3108
and shall be served on the accused. The accused may submit any	3109
matter in response under division (B) of this section. If in the	3110
accused's response, the accused does not object to one or more	3111
matters contained in the recommendation, the accused waives the	3112
right to object to those matters.	3113

(E)(1) The convening authority or other authorized person, in	3114
the convening authority's or other authorized person's sole	3115
discretion, may order a proceeding in revision or a rehearing.	3116

(2) The convening authority or other authorized person may	3117
order a proceeding in revision if there is an apparent error or	3118
omission in the record of a court-martial or if the record shows	3119
improper or inconsistent action by a court-martial with respect to	3120
the findings or sentence that can be rectified without material	3121
prejudice to the substantial rights of the accused. In a	3122
proceeding in revision, the convening authority or other	3123
authorized person may not do any of the following:	3124

(a) Reconsider a finding of not guilty of any specification	3125
or a ruling that amounts to a finding of not guilty;	3126

(b) Reconsider a finding of not guilty of any charge, unless	3127
there has been a finding of guilty under a specification laid	3128
under that charge that sufficiently alleges a violation of any	3129
provision of this chapter;	3130

(c) Increase the severity of the sentence.

3131

(3) The convening authority or other authorized person may	3132
order a rehearing if the convening authority or other authorized	3133
person disapproves the findings or sentence and states the reasons	3134
for disapproval of the findings or sentence. If the convening	3135
authority or other authorized person disapproves the findings or	3136
sentence and does not order a rehearing, the convening authority	3137
or other authorized person shall dismiss the charges. A convening	3138
authority or other authorized person may not order a rehearing as	3139
to the findings if the record does not contain sufficient evidence	3140
to support the findings. A convening authority or other authorized	3141
person may order a rehearing as to the sentence if the convening	3142
authority or other authorized person disapproves the sentence.	3143

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3144
or the sentence of a court-martial to the court of military	3145
appeals. The court shall hear an appeal if the convening authority	3146
or other authorized person approved a sentence of dismissal of a	3147
commissioned officer, dishonorable or bad conduct discharge, or	3148
confinement for one year or more and if the appeal was timely	3149
filed. The court may hear any other appeals that the court, in its	3150
sole discretion, allows.	3151

(B) An accused who is found guilty may appeal under this	3152
section by filing a notice of appeal with the convening authority	3153
that ordered the court-martial within thirty calendar days after	3154
the convening authority serves a copy of the approved findings and	3155
sentence on the trial attorney of record for the accused or, if	3156
the accused waived the right to counsel, on the accused in	3157
accordance with regulations prescribed by the adjutant general.	3158
The notice of appeal shall state the name of the party taking the	3159
appeal, the findings, sentence, or parts of the findings or	3160
sentence appealed from, and the grounds for the appeal. Failure to	3161
file a notice of appeal in a timely manner constitutes a waiver of	3162
the right to appeal.	3163

(C) Upon receiving a notice of appeal, the convening	3164
authority shall serve a copy of the notice on the trial counsel	3165
and on the trial attorney of record for any codefendant or, if a	3166
codefendant waived the right to counsel, on the codefendant in	3167
accordance with regulations prescribed by the adjutant general.	3168
The convening authority shall note on each copy served the date on	3169
which the notice of appeal was filed. Failure of the convening	3170
authority to serve a copy of the notice of appeal does not affect	3171
the validity of the appeal. Service in accordance with division	3172
(C) of this section is sufficient notwithstanding the death of a	3173
party or a party's counsel. The convening authority shall note on	3174
its docket the names of the parties served, the dates on which	3175
they were served, and the method of service.	3176

(D) An accused may waive appellate review by filing with the	3177
convening authority, within ten days after the action under	3178
section 5924.60 of the Revised Code is served on the accused or on	3179
defense counsel, a written waiver signed by the accused and by	3180
defense counsel. The convening authority or other person taking	3181
such action, for good cause, may extend the period for filing by	3182
not more than thirty days.	3183

(E) An accused may voluntarily withdraw an appeal at any time	3184
by filing a notice of withdrawal with the convening authority.	3185

(F) A waiver of the right to appellate review or the	3186
withdrawal of an appeal bars any further review under this section	3187
or section 5924.69 of the Revised Code.	3188

Sec. 5924.62. (A) In a trial by court-martial in which a	3189
military judge presides and in which a punitive discharge may be	3190
adjudged, the state may appeal any of the following, except an	3191
order or ruling that is, or that amounts to, a finding of not	3192
guilty with respect to the charge or specification:	3193

(1) An order or ruling that terminates the proceedings with	3194
respect to a charge or specification;	3195

(2) An order or ruling that excludes evidence that is of	3196
substantial consequence to the determination of the material	3197
issues in the proceeding;	3198

(3) An order or ruling that directs the disclosure of	3199
classified information;	3200

(4) An order or ruling that imposes sanctions for	3201
nondisclosure of classified information;	3202

(5) A refusal by the military judge to issue a protective	3203
order sought by the state to prevent the disclosure of classified	3204
information;	3205

(6) A refusal by the military judge to enforce a protective	3206
order that has previously been issued by appropriate authority to	3207
prevent the disclosure of classified information.	3208

(B) The state may not appeal an order or ruling unless within	3209
seventy-two hours after the military judge serves the order or	3210
ruling the trial counsel files with the military judge a written	3211
notice of appeal from the order or ruling. The notice shall	3212
include a certification by the trial counsel that the appeal is	3213
not taken for the purpose of delay and, if the order or ruling	3214
appealed is one that excludes evidence, that the evidence excluded	3215
is substantial proof of a fact material in the proceeding.	3216

(C) Appellate government counsel shall diligently prosecute	3217
an appeal under this section to the court of military appeals	3218
created by section 5924.66 of the Revised Code.	3219

(D) Any period of delay resulting from an appeal under this	3220
section shall be excluded in deciding any issue regarding denial	3221
of a speedy trial unless an appropriate authority determines that	3222
the appeal was filed solely for the purpose of delay with the	3223
knowledge that it was totally frivolous and without merit.	3224

Sec. 5924.63. (A) If the convening authority disapproves the	3225
findings and sentence of a court-martial he may, except where	3226
there is lack of sufficient evidence in the record to support the	3227
findings, order a rehearing. In such a case he shall state the	3228
reasons for disapproval. If he disapproves the findings and	3229
sentence and does not order a rehearing, he shall dismiss the	3230
charges.	3231

(B) Each rehearing ordered pursuant to section 5924.60 of the	3232
Revised Code or by the court of military appeals shall take place	3233
before a court-martial composed of members who were not members of	3234
the court-martial whichthat first heard the case. Upon a	3235
rehearing the accused may not be tried for any offense of which he	3236
the accused was found not guilty by the first court-martial, and	3237
no sentence in excess of or more severe than the original sentence	3238
may be imposed,approved unless the sentence is based upon a	3239
finding of guilty of an offense not considered upon the merits in	3240
the original proceedings, or unless the sentence prescribed for	3241
the offense is mandatory. If the sentence approved after the first	3242
court-martial was in accordance with a pretrial agreement and the	3243
accused at the rehearing changes the accused's plea with respect	3244
to the charges or specifications upon which the pretrial agreement	3245
was based or otherwise does not comply with the pretrial	3246
agreement, the approved sentence as to those charges or	3247
specifications may include any punishment not in excess of the	3248
punishment lawfully adjudged at the first court-martial.	3249

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3250
regulations prescribed by the adjutant general each case in which	3251
there has been a finding of guilty and in which no appeal is	3252
taken. A judge advocate may not review a case under this section	3253
if the judge advocate has acted in the same case as an accuser,	3254
investigating officer, member of the court, military judge, or	3255
counsel or has otherwise acted on behalf of the prosecution or	3256
defense. For each case reviewed under this section, the judge	3257
advocate shall issue written findings and recommendations that	3258
contain all of the following:	3259

(1) Conclusions as to whether the court had jurisdiction over	3260
the accused and the offense;	3261

(2) Conclusions as to whether the charge and specification	3262
stated an offense;	3263

(3) Conclusions as to whether the sentence was within the	3264
limits prescribed by law;	3265

(4) A response to each allegation of error made in writing by	3266
the accused;	3267

(5) If the case is sent for action under division (B) of this	3268
section, a recommendation as to the appropriate action to be taken	3269
and an opinion as to whether corrective action is required as a	3270
matter of law.	3271

(B) The record of trial and related documents in each case	3272
reviewed under division (A) of this section shall be sent for	3273
further action under division (C) of this section to the person	3274
exercising general court-martial jurisdiction over the accused at	3275
the time the court was convened or that person's successor in	3276
command if any of the following applies:	3277

(1) The judge advocate who reviewed the case recommends	3278
corrective action.	3279

(2) The sentence approved under division (C) of section	3280
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3281
dishonorable discharge, or confinement for more than six months.	3282

(3) Regulations prescribed by the adjutant general require	3283
further review.	3284

(C) The person to whom the record of trial and related	3285
documents are sent under division (B) of this section may do any	3286
of the following:	3287

(1) Approve or disapprove the findings or sentence in whole	3288
or in part;	3289

(2) Remit, commute, or suspend the sentence in whole or in	3290
part;	3291

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

3292

(4) Dismiss the charges.

3293

(D) If a rehearing is ordered but the convening authority	3294
finds that a rehearing is impracticable, the convening authority	3295
shall dismiss the charges.	3296

(E) If the opinion of the judge advocate who reviews a case	3297
under division (A) of this section finds that corrective action is	3298
required as a matter of law and the person required to take action	3299
under division (B) of this section does not take action that is at	3300
least as favorable to the accused as that recommended by the judge	3301
advocate, the convening authority shall transmit the record of	3302
trial and action on that record to the state judge advocate for	3303
review.	3304

(F) The judge advocate who under this section reviews a case	3305
conducted by a general court-martial shall be the state judge	3306
advocate.	3307

Sec. 5924.65. If an accused files a notice of appeal, the	3308
convening authority shall transmit the record of trial and	3309
post-trial proceedings in the case to the state judge advocate for	3310
appropriate action. If the accused does not file a notice of	3311
appeal or files a notice of appeal and withdraws the appeal, then	3312
following completion of all post-trial review, the record of trial	3313
and related documents shall be transmitted and disposed of as the	3314
adjutant general may prescribe by regulation.	3315

Sec. 5924.66. (A) There is hereby created the court of	3316
military appeals. The court is a court of record and has exclusive	3317
jurisdiction of all appeals from courts-martial convened pursuant	3318
to this code. The court shall sit in Franklin county. All hearings	3319
conducted by the court shall be public.	3320

(B) The judges of the court of military appeals shall be	3321
military appellate judges appointed by the adjutant general. Each	3322
judge shall be a retired judge advocate officer who has previously	3323
served in the rank of colonel or above in either the Ohio army	3324
national guard or the Ohio air national guard. The judges shall	3325
sit in panels of not less than three members.	3326

(C) The adjutant general may make rules governing practice	3327
and procedure in the court of military appeals. The Rules of	3328
Appellate Procedure apply in proceedings in the court to the	3329
extent that they are not inconsistent with this code or with rules	3330
made by the adjutant general under this division.	3331

Sec. 5924.67.  A judge of the court of military appeals shall	3332
receive as compensation for each day of attendance on the business	3333
of the court an amount equal to the annual compensation of a judge	3334
of a court of appeals divided by the number of days in the	3335
calendar year. A judge who does not reside in Franklin county	3336
shall be reimbursed for the judge's actual and necessary expenses	3337
of traveling to and from Franklin county to attend the business of	3338
the court.	3339

Sec. 5924.68.  The court of military appeals may subpoena	3340
witnesses, require the production of evidence, and punish for	3341
contempt in the same manner and to the same extent as a common	3342
pleas court.	3343

Sec. 5924.69.  Appeals from orders and judgments of the court	3344
of military appeals may be taken to the supreme court in the same	3345
manner and to the same extent as criminal appeals from orders and	3346
judgments of a court of appeals.	3347

Sec. 5924.70. (A) The state judge advocate shall detail one	3348
or more judge advocates as appellate government counsel and one or	3349
more judge advocates assigned to the United States army trial	3350
defense service or the United States air force area defense	3351
counsel as appellate defense counsel. Appellate counsel shall be	3352
members in good standing of the bar of this state and certified by	3353
the state judge advocate to be competent to act as appellate	3354
counsel.	3355

(B) Appellate government counsel shall represent the state in	3356
the court of military appeals. In a case arising under this code	3357
that is heard in the supreme court, appellate government counsel	3358
shall represent the state in the supreme court unless the attorney	3359
general elects to represent the state.	3360

(C) Appellate defense counsel shall represent the accused in	3361
the court of military appeals and the supreme court unless the	3362
accused elects to be represented by civilian counsel at the	3363
accused's own expense.	3364

(D) Appellate government and defense counsel shall perform	3365
any additional functions in connection with post-trial proceedings	3366
in court-martial cases that the state judge advocate directs.	3367

Sec. 5924.71. (A) If the sentence of a court-martial of a	3368
commissioned officer or cadet includes dismissal, that part of the	3369
sentence providing for dismissal may not be executed until it is	3370
approved by the adjutant general. The adjutant general may	3371
commute, remit, or suspend the sentence or any part of the	3372
sentence as the adjutant general sees fit. In time of war or	3373
national emergency, the adjutant general may commute a sentence of	3374
dismissal to reduction to any enlisted grade. A person so reduced	3375
may be required to serve for the duration of the war or emergency	3376
and for six months after the end of the war or emergency.	3377

(B)(1) If the sentence of a court-martial includes dismissal	3378
or dishonorable or bad-conduct discharge and the accused appeals	3379
to the court of military appeals, the dismissal or discharge part	3380
of the sentence may not be executed until the appellate process	3381
has been completed and, in case of dismissal, approval of the	3382
sentence by the adjutant general. The appellate process is	3383
completed when any of the following occurs:	3384

(a) The accused withdraws the appeal.

3385

(b) The court of military appeals renders a decision, and the	3386
time for filing a notice of appeal to the supreme court elapses	3387
without the accused having filed a notice of appeal.	3388

(c) The supreme court issues an order dismissing the appeal	3389
or entering judgment on the leave to appeal.	3390

(2) If the sentence of a court-martial includes dismissal or	3391
dishonorable or bad-conduct discharge and the accused fails to	3392
appeal to the court of military appeals, waives appellate review,	3393
or withdraws an appeal, the dismissal or discharge part of the	3394
sentence may not be executed until a judge advocate has reviewed	3395
the case and the convening authority has completed action in the	3396
review pursuant to section 5924.64 of the Revised Code. Any other	3397
part of a court-martial sentence may be ordered executed by the	3398
convening authority or other person acting on the case under	3399
section 5924.60 of the Revised Code.	3400

(C) The convening authority or other person taking action on	3401
a court-martial case under section 5924.60 of the Revised Code may	3402
suspend at any time the execution of any sentence or part of a	3403
sentence.	3404

Sec. 5924.72.  (A) An officer having special court-martial	3405
jurisdiction over a person whose sentence has been suspended may	3406
recommend vacation of the suspension of an approved sentence or	3407
part of a sentence that was imposed by a special court-martial and	3408
includes a bad-conduct discharge or that was imposed by a general	3409
court-martial.	3410

(B) Before the vacation ofvacating the suspension of a	3411
special court-martial sentence which as approved includes a bad	3412
conduct discharge, or of any general court-martialor part of a	3413
sentence under division (A) of this section, thean officer having	3414
special court-martial jurisdiction over the probationera person	3415
whose sentence has been suspended shall hold a hearing on the	3416
alleged violation of probationthe terms of suspension. The	3417
probationer shallperson has the right to be represented at the	3418
hearing by counsel if he so desires.	3419

(B)(C) The record of the hearing and the recommendation of	3420
the officer having special court-martial jurisdiction shall be	3421
sent for action to the governor in cases involving aofficer	3422
exercising general court-martial sentence and to the commanding	3423
officer of the force of the organized militia of which	3424
jurisdiction over the probationer is a member in all other cases	3425
covered by division (A) of this sectionperson whose sentence has	3426
been suspended. If the governor or commandingthat officer vacates	3427
the suspension, any unexecuted part of the sentence except a	3428
dismissal shall be executed, subject to applicable restrictions	3429
set forth in section 5924.71 of the Revised Code. A vacation of	3430
the suspension of a dismissal is not effective until it is	3431
approved by the adjutant general.	3432

(C)(D) The suspension of any other sentence may be vacated by	3433
any authority competent to convene, for the command in which the	3434
accused is serving or assigned, a court of the kind that imposed	3435
the sentence.	3436

Sec. 5924.73.  At any time within two years after approval by	3437
the convening authority of a court-martial sentence, the accused	3438
may petition the governoradjutant general for a new trial on the	3439
ground of newly discovered evidence or fraud on the court-martial.	3440
The adjutant general shall act upon the petition unless the case	3441
is pending before the court of military appeals or the supreme	3442
court, in which case the adjutant general shall refer the petition	3443
to the court in which the appeal is pending.	3444

Sec. 5924.74.  (A) AThe adjutant general, the state judge	3445
advocate when authorized by the adjutant general, or a convening	3446
authority may remit or suspend any part or amount of the	3447
unexecuted part of any sentence, including all uncollected	3448
forfeitures, other than a sentence approved by the governor or a	3449
superior convening authority.	3450

(B) The governoradjutant general may, for good cause,	3451
substitute an administrative form of discharge for a discharge or	3452
dismissal executed in accordance with the sentence of a	3453
court-martial.	3454

Sec. 5924.75.  (A) Under suchany regulations asthat the	3455
governoradjutant general may prescribe, all rights, privileges,	3456
and property affected by an executed part of a court-martial	3457
sentence whichthat has been set aside or disapproved, except an	3458
executed dismissal or discharge, shall be restored unless a new	3459
trial or rehearing is ordered and suchthe executed part of the	3460
sentence is included in a sentence imposed upon the new trial or	3461
rehearing.	3462

(B) If a previously executed sentence of dishonorable or bad	3463
conduct discharge is not imposed on a new trial, the governor	3464
adjutant general shall substitute therefor a form of discharge	3465
authorized for administrative issuance unless the accused is to	3466
serve out the remainder of histhe accused's enlistment.	3467

(C) If a previously executed sentence of dismissal is not	3468
imposed on a new trial, the governoradjutant general shall	3469
substitute therefor a form of discharge authorized for	3470
administrative issue, and the commissioned officer dismissed by	3471
that sentence may be reappointed by the governoradjutant general	3472
alone to such commissioned grade and with such rank as in the	3473
opinion of the governoradjutant general that former officer would	3474
have attained had hethe former officer not been dismissed. The	3475
reappointment of such a former officer mayshall be made if	3476
without regard to the existence of a position vacancy is available	3477
under applicable tablesand shall affect the promotion status of	3478
organizationother officers only to the extent directed by the	3479
adjutant general. All time between the dismissal and the	3480
reappointment shall be considered as service for all purposes	3481
including the right to pay and allowances.	3482

(D) Pursuant to regulations prescribed by the adjutant	3483
general, an accused who has been sentenced by a court-martial may	3484
be required to take leave pending completion of action under this	3485
code if the sentence, as approved under section 5924.60 of the	3486
Revised Code, includes an unsuspended dismissal or an unsuspended	3487
dishonorable or bad-conduct discharge. The accused may be required	3488
to begin leave on the date on which the sentence is approved or at	3489
any time after that date. Leave may be continued until the date on	3490
which action is completed or may be terminated at any earlier	3491
time.	3492

Sec. 5924.76.  The appellate review of records of trial	3493
pursuant to this code, the proceedings, findings, and sentences of	3494
courts-martial as reviewed and approved, as required byreviewed,	3495
or affirmed pursuant to this code, and all dismissals and	3496
discharges carried into execution under sentences by	3497
courts-martial following review and approval, as required by	3498
review, or affirmation pursuant to this code, are final and	3499
conclusive. Orders publishing the proceedings of courts-martial	3500
and all action taken pursuant to those proceedings are binding	3501
upon all departments, courts, agencies, and officers of the state,	3502
subject only to action upon a petition for a new trial as provided	3503
in section 5924.73 of the Revised Code and to action by the	3504
adjutant general under section 5924.74 of this codethe Revised	3505
Code.	3506

Sec. 5924.761.  Pursuant to regulations prescribed by the	3507
adjutant general, an accused who has been sentenced by a	3508
court-martial may be required to take leave pending completion of	3509
action under sections 5924.59 to 5924.761 of the Revised Code if	3510
the sentence, as approved under section 5924.60 of the Revised	3511
Code, includes an unsuspended dismissal or an unsuspended	3512
dishonorable or bad-conduct discharge. The accused may be required	3513
to begin the leave on the date on which the sentence is approved	3514
under section 5924.60 of the Revised Code or at any time after	3515
that date, and the leave may be continued until the date on which	3516
action under sections 5924.59 to 5924.761 of the Revised Code is	3517
terminated or completed.	3518

Sec. 5924.77.  Any person subject to this code is a principal	3519
whoif the person does either of the following:	3520

(A) Commits an offense punishable by this code, or aids,	3521
abets, counsels, commands, or procures its commission;	3522

(B) Causes an act to be done which if directly performed by	3523
himthe person would be punishable by this code.	3524

Sec. 5924.78.  Any person subject to this code who, knowing	3525
that an offense punishable by this code has been committed,	3526
receives, comforts, or assists the offender in order to hinder or	3527
prevent histhe offender's apprehension, trial, or punishment	3528
shall be punished as a court-martial may direct.	3529

Sec. 5924.82.  (A) Any person subject to this code who	3530
solicits or advises another or others to desert in violation of	3531
section 5924.85 of the Revised Code and of this code or mutiny in	3532
violation of section 5924.94 of the Revised Code and of this code	3533
shall, if the offense solicited or advised is attempted or	3534
committed, be punished with the punishment provided for the	3535
commission of the offense, but, if the offense solicited or	3536
advised is not committed or attempted, hethe person shall be	3537
punished as a court-martial may direct.	3538

(B) Any person subject to this code who solicits or advises	3539
another or others to commit an act of misbehavior before the enemy	3540
in violation of section 5924.99 of the Revised Code and of this	3541
code or sedition in violation of section 5924.94 of the Revised	3542
Code and of this code shall, if the offense solicited or advised	3543
is committed, be punished with the punishment provided for the	3544
commission of the offense, but, if the offense solicited or	3545
advised is not committed, hethe person shall be punished as a	3546
court-martial may direct.	3547

Sec. 5924.83.  Any person who does either of the following	3548
shall be punished as a court-martial may direct:	3549

(A) Procures histhe person's own enlistment or appointment	3550
in the organized militia by knowingly false representation or	3551
deliberate concealment as to histhe person's qualifications for	3552
that enlistment or appointment and receives pay or allowances	3553
thereunder; or	3554

(B) Procures histhe person's own separation from the	3555
organized militia by knowingly false representation or deliberate	3556
concealment as to histhe person's eligibility for that	3557
separation;	3558

shall be punished as a court-martial may direct.	3559

Sec. 5924.84.  Any person subject to this code who effects an	3560
enlistment or appointment in or a separation from the organized	3561
militia of any person who is known to himthe person to be	3562
ineligible for that enlistment, appointment, or separation because	3563
it is prohibited by law, regulation, or order shall be punished as	3564
a court-martial may direct.	3565

Sec. 5924.85.  (A) Any member of the organized militia who	3566
does any of the following is guilty of desertion:	3567

(1) Without authority goes or remains absent from histhe	3568
member's unit, organization, or place of duty with intent to	3569
remain away therefromfrom the unit, organization, or place of	3570
duty permanently;	3571

(2) Quits histhe member's unit, organization, or place of	3572
duty with intent to avoid hazardous duty or to shirk important	3573
service; or	3574

(3) Without being regularly separated from one of the forces	3575
of the organized militia enlists or accepts an appointment in the	3576
same or another one of the forces of the organized militia without	3577
fully disclosing the fact that hethe member has not been	3578
regularly separated;	3579

is guilty of desertion	3580

(4) Without being regularly separated from one of the forces	3581
of the organized militia enters any foreign armed services without	3582
the authorization of the United States.	3583

(B) Any commissioned officer of the organized militia who,	3584
after tender of histhe commissioned officer's resignation and	3585
before notice of its acceptance, quits histhe commissioned	3586
officer's post or proper duties without leave and with intent to	3587
remain away therefrom permanently is guilty of desertion.	3588

(C) Any person found guilty of desertion or attempt to desert	3589
shall be punished, if the offense is committed in time of war, by	3590
death or such other punishment as a court-martial may direct, but	3591
if the desertion or attempt to desert occurs at any other time, by	3592
such punishment, other than death, as a court-martial may direct.	3593

Sec. 5924.86.  Any person subject to this code who, without	3594
authority, does any of the following shall be punished as a	3595
court-martial may direct:	3596

(A) Fails to go to histhe person's appointed place of duty	3597
at the time prescribed;	3598

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

3599

(C) Absents himselfself or remains absent from histhe	3600
person's unit, organization, or place of duty at which hethe	3601
person is required to be at the time prescribed; shall be punished	3602
as a court-martial may direct.	3603

Sec. 5924.87.  Any person subject to this code who through	3604
neglect or design misses the movement of a ship, aircraft, or unit	3605
with which hethe person is required in the course of duty to move	3606
shall be punished as a court-martial may direct.	3607

Sec. 5924.88.  Any person subject to this codecommissioned	3608
officer who uses contemptuous words against the president, the	3609
governor, or the legislature, or the governor or legislature of	3610
anythis state, territory, commonwealth, or possession wherein	3611
that person may be serving, shall be punished as a court-martial	3612
may direct.	3613

Sec. 5924.89.  Any person subject to this code who behaves	3614
with disrespect toward histhe person's superior commissioned	3615
officer shall be punished as a court-martial may direct.	3616

Sec. 5924.90.  Any person subject to this code who does	3617
either of the following shall be punished as a court-martial may	3618
direct:	3619

(A) Strikes histhe person's superior commissioned officer or	3620
draws or lifts up any weapon or offers any violence against him	3621
the person's superior commissioned officer while hethat officer	3622
is in the execution of his officeofficial duties; or	3623

(B) Willfully disobeys a lawful command of histhe person's	3624
superior commissioned officer;	3625

shall be punished as a court-martial may direct.	3626

Sec. 5924.91.  Any warrant officer or enlisted member who	3627
does any of the following shall be punished as a court-martial may	3628
direct:	3629

(A) Strikes or assaults a warrant officer,or noncommissioned	3630
officer, or petty officer, while that officer is in the execution	3631
of his officeofficial duties;	3632

(B) Willfully disobeys the lawful order of a warrant officer,	3633
or noncommissioned officer, or petty officer; or	3634

(C) Treats with contempt or is disrespectful in language or	3635
deportment toward a warrant officer,or noncommissioned officer,	3636
or petty officer, while that officer is in the execution of his	3637
office;	3638

shall be punished as a court-martial may direct official duties.	3639

Sec. 5924.92.  Any person subject to this code who does any	3640
of the following shall be punished as a court-martial may direct:	3641

(A) Violates or fails to obey any lawful general order or	3642
regulation;	3643

(B) Having knowledge of any other lawful order issued by a	3644
member of the organized militia, which itthat is histhe person's	3645
duty to obey, fails to obey the order; or	3646

(C) Is derelict in the performance of histhe person's	3647
duties;	3648

shall be punished as a court-martial may direct.	3649

Sec. 5924.93.  Any person subject to this code who is guilty	3650
of cruelty toward, or oppression or maltreatment of, any other	3651
person subject to histhe person's orders shall be punished as a	3652
court-martial may direct.	3653

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

3654

(1) With, with intent to usurp or override lawful military	3655
authority, refuses, in concert with any other person, to obey	3656
orders or otherwise do histhe person's duty or creates any	3657
violence or disturbance is guilty of mutiny;.	3658

(2) WithAny person subject to this code who, with intent to	3659
cause the overthrow or destruction of lawful civil authority,	3660
creates, in concert with any other person, revolt, violence, or	3661
other disturbance against that authority is guilty of sedition;.	3662

(3) FailsAny person subject to this code who fails to do his	3663
the person's utmost to prevent and suppress a mutiny or sedition	3664
being committed in histhe person's presence, or fails to take all	3665
reasonable means to inform histhe person's superior commissioned	3666
officer or commanding officer of a mutiny or sedition which he	3667
that the person knows or has reason to believe is taking place, is	3668
guilty of a failure to suppress or report a mutiny or sedition.	3669

(B) A person who is found guilty of attempted mutiny, mutiny,	3670
sedition, or failure to suppress or report a mutiny or sedition	3671
shall be punished by death or such other punishment as a	3672
court-martial may direct.	3673

Sec. 5924.95.  Any person subject to this code who resists	3674
apprehension or, flees from apprehension, breaks arrest, or who	3675
escapes from physical restraint lawfully imposedcustody or	3676
confinement shall be punished as a court-martial may direct.	3677

Sec. 5924.96.  Any person subject to this code who, without	3678
proper authority, releases any prisoner committed to histhe	3679
person's charge, or who through neglect or design suffers any such	3680
prisoner committed to the person's charge to escape, shall be	3681
punished as a court-martial may direct, whether or not the	3682
prisoner was committed in strict compliance with law.	3683

Sec. 5924.97.  Any person subject to this code, who, except	3684
as provided by law or regulation, apprehends, arrests, or confines	3685
any person shall be punished as a court-martial may direct.	3686

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

3687

(A) Isis responsible for unnecessary delay in the	3688
disposition of any case of a person accused of an offense under	3689
this code; or	3690

(B) Knowinglywho knowingly and intentionally fails to	3691
enforce or comply with any provision of this code regulating the	3692
proceedings before, during, or after trial of an accused;	3693

shall be punished as a court-martial may direct.	3694

Sec. 5924.103.  (A) All persons subject to this code shall	3695
secure all public property taken from the enemy for the service of	3696
the United States,and this state and shall give notice and turn	3697
over to the proper authority without delay all captured or	3698
abandoned property in their possession, custody, or control.	3699

(B) Any person subject to this code who does any of the	3700
following shall be punished as a court-martial may direct:	3701

(1) Fails to carry out the duties prescribed in division (A)	3702
of this section;	3703

(2) Buys, sells, trades, or in any way deals in or disposes	3704
of captured or abandoned property, whereby hethe person receives	3705
or expects any profit, benefit, or advantage to himselfself or	3706
another directly or indirectly connected with himselfself; or	3707

(3) Engages in looting or pillaging;

3708

shall be punished as a court-martial may direct.	3709

Sec. 5924.108.  Any person subject to this code who, without	3710
proper authority, does any of the following with regard to any	3711
military property of the United States or of this state shall be	3712
punished as a court-martial may direct:	3713

(A) Sells or otherwise disposes of the property;

3714

(B) Willfully or through neglect damages, destroys, or loses	3715
the property; or	3716

(C) Willfully or through neglect suffers to be lost, damaged,	3717
destroyed, sold, or wrongfully disposed of;	3718

any military property of the United States or of the state, shall	3719
be punished as a court-martial may direct the property.	3720

Sec. 5924.109.  Any person subject to this code who, while in	3721
a duty status, willfully or recklessly wastes, spoils, or	3722
otherwise willfully and wrongfully destroys or damages any	3723
property other than military property of the United States or of	3724
the state shall be punished as a court-martial may direct.	3725

Sec. 5924.111. Any(A) Subject to division (B) of this	3726
section, any person subject to this code who operatesdoes any of	3727
the following shall be punished as a court-martial may direct:	3728

(1) Operates or physically controls any vehicle while drunk,	3729
or, aircraft, or vessel in a reckless or wanton manner, shall be	3730
punished as a court-martial may direct;	3731

(2) Operates or physically controls any vehicle, aircraft, or	3732
vessel while under the influence of alcohol, a drug of abuse, or a	3733
combination of them;	3734

(3) Operates or physically controls any vehicle, aircraft, or	3735
vessel while having in the person's whole blood, blood serum or	3736
plasma, breath, or urine the minimum concentrations of alcohol set	3737
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	3738
the Revised Code;	3739

(4) Operates or physically controls any vehicle, aircraft, or	3740
vessel while having in the person's whole blood, blood serum or	3741
plasma, or urine the concentrations of controlled substances or	3742
metabolites of a controlled substance set forth in division	3743
(A)(1)(j) of section 4511.19 of the Revised Code.	3744

(B) If a military installation is located partially in this	3745
state and partially in one or more other states, the adjutant	3746
general may select the alcohol and controlled substance levels set	3747
forth in the impaired operating laws of one of the other states to	3748
apply on the installation in place of the levels set forth in	3749
division (A) of this section.	3750

Sec. 5924.1121.  (A) As used in this section, "prohibited	3751
substance" means any of the following:	3752

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	3753
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	3754
marihuana or any compound or derivative of any of those	3755
substances;	3756

(2) Any substance not specified in division (A)(1) of this	3757
section that the adjutant general lists on a schedule of	3758
controlled substances or that is listed on a schedule established	3759
under section 202 of the Federal Controlled Substances Act, 21	3760
U.S.C. 812, 84 Stat. 1247, as amended.	3761

(B) A person subject to this code who wrongfully uses,	3762
possesses, manufactures, distributes, imports into the customs	3763
territory of the United States, exports from the United States, or	3764
introduces into an installation, vessel, vehicle, or aircraft used	3765
by or under the control of the armed forces of the United States	3766
or of the organized militia a prohibited substance shall be	3767
punished as a court-martial may direct.	3768

Sec. 5924.113.  Any sentinel or lookout who is found drunk or	3769
sleeping on histhe sentinel's or lookout's post, or leaves it	3770
before hethe sentinel or lookout is regularly relieved, shall be	3771
punished, if the offense is committed in time of war, by death or	3772
such other punishment as a court-martial may direct, but if the	3773
offense is committed at any other time, by such punishment other	3774
than death as a court-martial may direct.	3775

Sec. 5924.115.  Any person subject to this code who for the	3776
purpose of avoiding work, duty, or service in the organized	3777
militia does either of the following shall be punished as a	3778
court-martial may direct:	3779

(A) Feigns illness, physical disablement, mental lapse, or	3780
derangement; or	3781

(B) Intentionally inflicts self-injury;

3782

shall be punished as a court-martial may direct.	3783

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

3784

(1) "Affirmative defense" means any special defense that,	3785
although not denying that the accused committed the objective acts	3786
constituting the offense charged, denies, in whole or in part,	3787
criminal responsibility for those acts.	3788

(2) "Bodily harm" means any offensive touching of another,	3789
however slight, that does not result in grievous bodily harm.	3790

(3) "Consent" means words or overt acts indicating a freely	3791
given agreement to the sexual conduct at issue by a competent	3792
person.	3793

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

3794

(a) Any firearm, whether loaded or not and whether operable	3795
or not;	3796

(b) Any other weapon, device, instrument, material, or	3797
substance, whether animate or inanimate, that as used or intended	3798
to be used is known to be capable of producing death or grievous	3799
bodily harm;	3800

(c) Any object fashioned or used in such a manner as to lead	3801
a person on whom the object is used or threatened to be used to	3802
reasonably believe under the circumstances that the object is	3803
capable of producing death or grievous bodily harm.	3804

(5) "Force" means action to compel submission of another or	3805
to overcome or prevent another's resistance by either of the	3806
following:	3807

(a) The use, display, or suggestion of possession of a	3808
dangerous weapon or object;	3809

(b) Physical violence, strength, power, or restraint applied	3810
to another person sufficient to prevent the other person from	3811
avoiding or escaping sexual contact.	3812

(6) "Grievous bodily harm" means serious bodily injury,	3813
including but not limited to fractured or dislocated bones, deep	3814
cuts, torn members of the body, and serious damage to internal	3815
organs.	3816

(7) "Indecent conduct" means that form of immorality relating	3817
to sexual impurity that is grossly vulgar, obscene, and repugnant	3818
to common propriety and tends to excite sexual desire or deprave	3819
morals with respect to sexual relations. Indecent conduct includes	3820
observing or making a videotape, photograph, motion picture,	3821
print, negative, slide, or other mechanically, electronically, or	3822
chemically reproduced visual material, without another person's	3823
consent and contrary to that other person's reasonable expectation	3824
of privacy, of either of the following:	3825

(a) That other person's genitalia, anus, or buttocks, or, if	3826
that other person is female, that person's areola or nipple;	3827

(b) That other person while that other person is engaged in a	3828
sexual act, sexual contact, or sodomy.	3829

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

3830

(a) Physical injury to the person or property of a person	3831
other than the victim of the offense;	3832

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

3833

(i) Accuse any person of a crime;

3834

(ii) Expose a secret or publicize an asserted fact, whether	3835
true or false, tending to subject some person to hatred, contempt,	3836
or ridicule;	3837

(iii) Through the use or abuse of military position, rank, or	3838
authority, to affect or threaten to affect, either positively or	3839
negatively, the military career of some person.	3840

(9) "Mistake of fact as to consent" means a belief that is	3841
incorrect, as a result of ignorance or mistake, that a person	3842
engaging in sexual conduct consented to engage in that conduct, if	3843
both of the following apply:	3844

(a) The ignorance or mistake existed in the mind of the	3845
accused at the time the sexual conduct in issue occurred and was	3846
based on information or lack of information that would have	3847
indicated to a reasonable person that the other person consented;	3848

(b) The ignorance or mistake was not based on the accused's	3849
failure to discover facts that a reasonably careful person would	3850
have discovered under the same or similar circumstances.	3851

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

3852

(a) Contact between the penis and the vulva, including any	3853
penetration, however slight;	3854

(b) Anal intercourse, fellatio, and cunnilingus between	3855
persons, regardless of sex;	3856

(c) The penetration, however slight, of the genital opening	3857
of another by a hand or finger or any object with an intent to	3858
abuse, humiliate, harass, or degrade any person or to arouse or	3859
gratify the sexual desire of any person.	3860

(11) "Sexual contact" means the intentional touching, either	3861
directly or through clothing, of the genitalia, anus, groin,	3862
breast, inner thigh, or buttocks of another person with an intent	3863
to abuse, humiliate, or degrade any person or to arouse or gratify	3864
the sexual desire of any person.	3865

(12) "Sexual conduct" means any act that is prohibited by	3866
this section.	3867

(13)(a) For purposes of divisions (B) and (D) of this	3868
section, "threatening or placing that other person in fear" means	3869
making a communication or performing an action of sufficient	3870
consequence to cause that other person to reasonably fear that	3871
noncompliance will result in that person or another being	3872
subjected to death, grievous bodily harm, or kidnapping.	3873

(b) For purposes of divisions (C) and (E) of this section,	3874
"threatening or placing that other person in fear" means making a	3875
communication or performing an action of sufficient consequence to	3876
cause a victim of the offense to reasonably fear that	3877
noncompliance will result in the victim or another being subjected	3878
to a lesser degree of harm than death, grievous bodily harm, or	3879
kidnapping.	3880

(B) Any person subject to this chapter who causes another	3881
person of any age to engage in a sexual act by doing any of the	3882
following is guilty of rape and shall be punished as a	3883
court-martial may direct:	3884

(1) Using force against that other person;

3885

(2) Causing grievous bodily harm to any person;

3886

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

3887

(4) Rendering another person unconscious;

3888

(5) Administering to another person by force or threat of	3889
force, or without the knowledge or permission of that person, a	3890
drug, intoxicant, or other similar substance that substantially	3891
impairs the ability of that other person to appraise or control	3892
conduct.	3893

(C) Any person subject to this chapter who does either of the	3894
following is guilty of aggravated sexual assault and shall be	3895
punished as a court-martial may direct:	3896

(1) Causes another person of any age to engage in a sexual	3897
act by doing either of the following:	3898

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

3899

(b) Causing bodily harm.

3900

(2) Engages in a sexual act with another person of any age if	3901
that other person is substantially incapable of doing any of the	3902
following:	3903

(a) Appraising the nature of the sexual act;

3904

(b) Declining to participate in the sexual act;

3905

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

3906

(D) Any person subject to this chapter who engages in sexual	3907
contact or causes sexual contact with or by another person by	3908
doing any of the following is guilty of aggravated sexual contact	3909
and shall be punished as a court-martial may direct:	3910

(1) Using force against that other person;

3911

(2) Causing grievous bodily harm to any person;

3912

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

3913

(4) Rendering another person unconscious;

3914

(5) Administering to another person by force or threat of	3915
force, or without the knowledge or permission of that person, a	3916
drug, intoxicant, or other similar substance that substantially	3917
impairs the ability of that other person to appraise or control	3918
conduct.	3919

(E) Any person subject to this chapter who does either of the	3920
following is guilty of abusive sexual contact and shall be	3921
punished as a court-martial may direct:	3922

(1) Engages in or causes sexual contact with or by another	3923
person by doing either of the following:	3924

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

3925

(b) Causing bodily harm.

3926

(2) Engages in sexual contact with another person of any age	3927
if that other person is substantially incapable of doing any of	3928
the following:	3929

(a) Appraising the nature of the sexual contact;

3930

(b) Declining to participate in the sexual contact;

3931

(c) Communicating unwillingness to engage in the sexual	3932
contact.	3933

(F) Any person subject to this chapter who engages in	3934
indecent conduct is guilty of an indecent act and shall be	3935
punished as a court-martial may direct.	3936

(G) Any person subject to this chapter who, without legal	3937
justification or lawful authorization, engages in sexual contact	3938
with another person without that other person's permission is	3939
guilty of wrongful sexual contact and shall be punished as a	3940
court-martial may direct.	3941

(H) Any person subject to this chapter who intentionally	3942
exposes, in an indecent manner, in any place where the conduct	3943
involved may reasonably be expected to be viewed by people other	3944
than members of the person's family or household, the person's	3945
genitalia, anus, buttock, or female areola or nipple is guilty of	3946
indecent exposure and shall be punished as a court-martial may	3947
direct.	3948

(I)In a prosecution under this section, in proving that the	3949
accused made a threat, it need not be proven that the accused	3950
actually intended to carry out the threat.	3951

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	3952
this section, it is an affirmative defense that the accused and	3953
the other person, when they engaged in the sexual conduct were	3954
married to each other.	3955

(2) Division (J)(1) of this section does not apply if the	3956
accused's intent at the time of the sexual conduct is to abuse,	3957
humiliate, or degrade any person.	3958

(K)(1) Lack of permission is an element of the offense under	3959
division (G) of this section. Consent and mistake of fact as to	3960
consent are affirmative defenses only to the sexual conduct in	3961
issue in a prosecution under division (B), (C), (D), or (E) of	3962
this section.	3963

(2) The enumeration in this section of some affirmative	3964
defenses shall not be construed as excluding the existence of	3965
other affirmative defenses.	3966

(3) The accused has the burden of proving an affirmative	3967
defense by a preponderance of evidence. After the defense meets	3968
this burden, the prosecution has the burden of proving beyond a	3969
reasonable doubt that the affirmative defense did not exist.	3970

(L)(1) An expression of lack of consent through words or	3971
conduct means there is no consent. Lack of verbal or physical	3972
resistance or submission resulting from an accused's use of force,	3973
threat of force, or placing another person in fear does not	3974
constitute consent. A current or previous dating relationship by	3975
itself or the manner of dress of a person involved with the	3976
accused in the sexual conduct does not constitute consent.	3977

(2) A person cannot consent to sexual conduct if the person	3978
is substantially incapable of any of the following:	3979

(a) Appraising the nature of the sexual conduct due to mental	3980
impairment or unconsciousness resulting from consumption of	3981
alcohol, drugs, or a similar substance or any other cause or to	3982
mental disease or defect that renders the person unable to	3983
understand the nature of the sexual conduct;	3984

(b) Physically declining to participate in the sexual	3985
conduct;	3986

(c) Physically communicating unwillingness to engage in the	3987
sexual conduct.	3988

(M) An accused's state of intoxication, if any, at the time	3989
of an offense under this section occurs is not relevant to the	3990
existence of a mistake of fact as to consent.	3991

Sec. 5924.128.  (A) Any person subject to this code who	3992
attempts or offers with unlawful force or violence to do bodily	3993
harm to another person, whether or not the attempt or offer is	3994
consummated, is guilty of assault and shall be punished as a	3995
court-martial may direct.	3996

(B) Any person subject to this code who does either of the	3997
following is guilty of aggravated assault and shall be punished as	3998
a court-martial may direct:	3999

(1) Commits an assault with a dangerous weapon or other means	4000
or force likely to produce death or grievous bodily harm; or	4001

(2) Commits an assault and intentionally inflicts grievous	4002
bodily harm with or without a weapon;	4003

is guilty of aggravated assault and shall be punished as a	4004
court-martial may direct.	4005

Sec. 5924.131.  Any person subject to this code who, in a	4006
judicial proceeding or in a course of justice conducted under this	4007
code, willfully and corruptly gives, upondoes either of the	4008
following is guilty of perjury and shall be punished as a	4009
court-martial may direct:	4010

(A) Upon a lawful oath or in any form allowed by law to be	4011
substituted for an oath, gives any false testimony material to the	4012
issue or matter of inquiry is guilty of perjury and shall be	4013
punished as a court-martial may direct;	4014

(B) In any declaration, certification, verification, or	4015
statement made under penalty of perjury subscribes any false	4016
statement material to the issue or matter of inquiry.	4017

Sec. 5924.132.  Any person subject to this code who does any	4018
of the following shall be punished as a court-martial may direct:	4019

(A) Who, knowing itKnowing a claim to be false or fraudulent	4020
does either of the following:	4021

(1) Makes any claim against the United States, the state, or	4022
any officer thereofof the United States or the state; or	4023

(2) Presents to any person in the civil or military service	4024
thereofof the United States or the state, for approval or	4025
payment, any claim against the United States, the state, or any	4026
officer thereofof the United States or the state;	4027

(B) Who, forFor the purpose of obtaining the approval,	4028
allowance, or payment of any claim against the United States, the	4029
state, or any officer thereofof the United States or the state	4030
does any of the following:	4031

(1) Makes or uses any writing or other paper knowing it to	4032
contain any false or fraudulent statements;	4033

(2) Makes any oath to any fact or to any writing or other	4034
paper knowing the oath to be false; or	4035

(3) Forges or counterfeits any signature upon any writing or	4036
other paper, or uses any suchforged or counterfeit signature	4037
knowing it to be forged or counterfeited;	4038

(C) Who, havingHaving charge, possession, custody, or	4039
control of any money, or other property of the United States or	4040
the state, furnished or intended for the armed forces of the	4041
United States or the organized militia or any force thereof,	4042
knowingly delivers to any person having authority to receive it,	4043
any amount thereof less than that for which hethe person making	4044
the delivery receives a certificate or receipt; or	4045

(D) Who, beingBeing authorized to make or deliver any paper	4046
certifying the receipt of any property of the United States or the	4047
state, furnished or intended for the armed forces of the United	4048
States or the organized militia or any force thereof, makes or	4049
delivers to any person such writing without having full knowledge	4050
of the truth of the statements therein contained and with intent	4051
to defraud the United States or the state;	4052

shall, upon conviction, be punished as a court-martial may direct.	4053

Sec. 5924.133.  Any commissioned officer who is convicted of	4054
conduct unbecoming an officer and a lady or gentleman shall be	4055
punished as a court-martial may direct.	4056

Sec. 5924.146.  No person may be tried or punished for any	4057
offense provided for in sections 5924.77 to 5924.134, inclusive,	4058
of the Revised Code and of this code, unless it was committed	4059
while hethe person was in a military or national guard technician	4060
duty status.	4061

Section 2. That existing sections 124.23, 124.26, 3319.085,	4062
3737.881, 3781.10, 4123.022, 5321.04, 5903.10, 5903.11, 5911.07,	4063
5923.12, 5924.01, 5924.02, 5924.03, 5924.06, 5924.07, 5924.08,	4064
5924.09, 5924.10, 5924.11, 5924.13, 5924.14, 5924.15, 5924.16,	4065
5924.17, 5924.18, 5924.19, 5924.20, 5924.22, 5924.23, 5924.24,	4066
5924.25, 5924.26, 5924.27, 5924.28, 5924.29, 5924.30, 5924.31,	4067
5924.32, 5924.33, 5924.34, 5924.35, 5924.36, 5924.37, 5924.38,	4068
5924.39, 5924.41, 5924.42, 5924.43, 5924.44, 5924.45, 5924.46,	4069
5924.47, 5924.48, 5924.49, 5924.50, 5924.51, 5924.52, 5924.54,	4070
5924.56, 5924.57, 5924.58, 5924.59, 5924.60, 5924.63, 5924.72,	4071
5924.73, 5924.74, 5924.75, 5924.76, 5924.77, 5924.78, 5924.82,	4072
5924.83, 5924.84, 5924.85, 5924.86, 5924.87, 5924.88, 5924.89,	4073
5924.90, 5924.91, 5924.92, 5924.93, 5924.94, 5924.95, 5924.96,	4074
5924.97, 5924.98, 5924.103, 5924.108, 5924.109, 5924.111,	4075
5924.113, 5924.115, 5924.128, 5924.131, 5924.132, 5924.133, and	4076
5924.146 and sections 5924.04, 5924.12, 5924.21, 5924.61,	4077
5924.62, 5924.64, 5924.65, 5924.66, 5924.70, 5924.71, 5924.99,	4078
5924.100, 5924.101, 5924.102, 5924.104, 5924.105, 5924.106,	4079
5924.110, 5924.114, 5924.118, 5924.119, 5924.120, 5924.122,	4080
5924.1231, 5924.124, 5924.125, 5924.126, 5924.129, 5924.130,	4081
5924.145, and 5924.147 of the Revised Code are hereby repealed.	4082