As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Am. S. B. No. 288

Senator LaRose 

Cosponsors: Senators Seitz, Patton, Balderson, Cafaro, Coley, Eklund, Faber, Hite, Hughes, Lehner, Manning, Obhof, Peterson, Sawyer, Skindell, Widener 

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A BILL

To amend sections 124.23, 124.26, 3319.085, 3737.881,

1

3781.10, 5321.04, 5903.10, 5903.11, 5911.07,

2

5923.12, 5924.01, 5924.02, 5924.03, 5924.06,

3

5924.07, 5924.08, 5924.09, 5924.10, 5924.11,

4

5924.13, 5924.14, 5924.15, 5924.16, 5924.17,

5

5924.18, 5924.19, 5924.20, 5924.22, 5924.23,

6

5924.24, 5924.25, 5924.26, 5924.27, 5924.28,

7

5924.29, 5924.30, 5924.31, 5924.32, 5924.33,

8

5924.34, 5924.35, 5924.36, 5924.37, 5924.38,

9

5924.39, 5924.41, 5924.42, 5924.43, 5924.44,

10

5924.45, 5924.46, 5924.47, 5924.48, 5924.49,

11

5924.50, 5924.51, 5924.52, 5924.54, 5924.56,

12

5924.57, 5924.58, 5924.59, 5924.60, 5924.63,

13

5924.72, 5924.73, 5924.74, 5924.75, 5924.76,

14

5924.77, 5924.78, 5924.82, 5924.83, 5924.84,

15

5924.85, 5924.86, 5924.87, 5924.88, 5924.89,

16

5924.90, 5924.91, 5924.92, 5924.93, 5924.94,

17

5924.95, 5924.96, 5924.97, 5924.98, 5924.103,

18

5924.108, 5924.109, 5924.111, 5924.113, 5924.115,

19

5924.128, 5924.131, 5924.132, 5924.133, and

20

5924.146, to enact new sections 5924.21, 5924.61,

21

5924.62, 5924.64, 5924.65, 5924.66, 5924.70,

22

5924.71, and 5924.120 and sections 4743.04,

23

5924.501, 5924.502, 5924.503, 5924.504, 5924.505,

24

5924.506, 5924.581, 5924.582, 5924.67, 5924.68,

25

5924.69, 5924.761, and 5924.1121, and to repeal

26

sections 5924.04, 5924.12, 5924.21, 5924.61,

27

5924.62, 5924.64, 5924.65, 5924.66, 5924.70,

28

5924.71, 5924.99, 5924.100, 5924.101, 5924.102,

29

5924.104, 5924.105, 5924.106, 5924.110, 5924.114,

30

5924.118, 5924.119, 5924.120, 5924.122, 5924.1231,

31

5924.124, 5924.125, 5924.126, 5924.129, 5924.130,

32

5924.145, and 5924.147 of the Revised Code to

33

allow extra credit to military veterans and

34

reserve component members on state civil service

35

examinations, to provide for the reemployment of

36

nonteaching school employees following military

37

service in accordance with federal law, to extend

38

the period of time within which persons serving in

39

the Ohio National Guard may meet continuing

40

education requirements for occupational licenses

41

and renew their licenses, to require that workers'

42

compensation claims of members of the organized

43

militia be determined in accordance with

44

applicable line of duty regulations, to require

45

landlords to observe the rights of tenants who are

46

service members under federal law, to modify the

47

order of priority in which veterans may

48

participate in job training programs, to permit

49

but not require the use of armories by patriotic

50

and national organizations, to update references

51

in the Revised Code to federal statutes relating

52

to the National Guard, to conform the Ohio Code of

53

Military Justice to the United States Code of

54

Military Justice, and to make other changes to the

55

Ohio Code of Military Justice.

56

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

Section 1. That sections 124.23, 124.26, 3319.085, 3737.881,	57
3781.10, 5321.04, 5903.10, 5903.11, 5911.07, 5923.12, 5924.01,	58
5924.02, 5924.03, 5924.06, 5924.07, 5924.08, 5924.09, 5924.10,	59
5924.11, 5924.13, 5924.14, 5924.15, 5924.16, 5924.17, 5924.18,	60
5924.19, 5924.20, 5924.22, 5924.23, 5924.24, 5924.25, 5924.26,	61
5924.27, 5924.28, 5924.29, 5924.30, 5924.31, 5924.32, 5924.33,	62
5924.34, 5924.35, 5924.36, 5924.37, 5924.38, 5924.39, 5924.41,	63
5924.42, 5924.43, 5924.44, 5924.45, 5924.46, 5924.47, 5924.48,	64
5924.49, 5924.50, 5924.51, 5924.52, 5924.54, 5924.56, 5924.57,	65
5924.58, 5924.59, 5924.60, 5924.63, 5924.72, 5924.73, 5924.74,	66
5924.75, 5924.76, 5924.77, 5924.78, 5924.82, 5924.83, 5924.84,	67
5924.85, 5924.86, 5924.87, 5924.88, 5924.89, 5924.90, 5924.91,	68
5924.92, 5924.93, 5924.94, 5924.95, 5924.96, 5924.97, 5924.98,	69
5924.103, 5924.108, 5924.109, 5924.111, 5924.113, 5924.115,	70
5924.128, 5924.131, 5924.132, 5924.133, and 5924.146 be amended	71
and new sections 5924.21, 5924.61, 5924.62, 5924.64, 5924.65,	72
5924.66, 5924.70, 5924.71, and 5924.120 and sections 4743.04,	73
5924.501, 5924.502, 5924.503, 5924.504, 5924.505, 5924.506,	74
5924.581, 5924.582, 5924.67, 5924.68, 5924.69, 5924.761, and	75
5924.1121 of the Revised Code be enacted to read as follows:	76

Sec. 124.23.  (A) All applicants for positions and places in	77
the classified service shall be subject to examination, except for	78
applicants for positions as professional or certified service and	79
paraprofessional employees of county boards of developmental	80
disabilities, who shall be hired in the manner provided in section	81
124.241 of the Revised Code.	82

(B) Any examination administered under this section shall be	83
public and be open to all citizens of the United States and those	84
persons who have legally declared their intentions of becoming	85
United States citizens. For examinations administered for	86
positions in the service of the state, the director of	87
administrative services or the director's designee may determine	88
certain limitations as to citizenship, age, experience, education,	89
health, habit, and moral character.	90

(C)(1) Any person who has completed service in the uniformed	91
services, who has been honorably discharged from the uniformed	92
services or transferred to the reserve with evidence of	93
satisfactory service, and who is a resident of this state and any	94
member of the national guard or a reserve component of the armed	95
forces of the United States, including the Ohio national guard,	96
who has completed more than one hundred eighty days of active duty	97
service pursuant to an executive order of the president of the	98
United States or an act of the congress of the United States may	99
file with the director a certificate of service or honorable	100
discharge, and, upon this filing, the person shall receive	101
additional credit of twenty per cent of the person's total grade	102
given in the examination in which the person receives a passing	103
grade.	104

(2) A member in good standing of a reserve component of the	105
armed forces of the United States, including the Ohio national	106
guard, who successfully completes the member's initial entry-level	107
training shall receive a credit of fifteen per cent of the	108
person's total grade given in the examination in which the person	109
receives a passing grade.	110

(3) As used in this division, "service in the uniformed	111
services" and "uniformed services" have the same meanings as in	112
the "Uniformed Services Employment and Reemployment Rights Act of	113
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	114

(D) An examination may include an evaluation of such factors	115
as education, training, capacity, knowledge, manual dexterity, and	116
physical or psychological fitness. An examination shall consist of	117
one or more tests in any combination. Tests may be written, oral,	118
physical, demonstration of skill, or an evaluation of training and	119
experiences and shall be designed to fairly test the relative	120
capacity of the persons examined to discharge the particular	121
duties of the position for which appointment is sought. Tests may	122
include structured interviews, assessment centers, work	123
simulations, examinations of knowledge, skills, and abilities, and	124
any other acceptable testing methods. If minimum or maximum	125
requirements are established for any examination, they shall be	126
specified in the examination announcement.	127

(E) Except as otherwise provided in sections 124.01 to 124.64	128
of the Revised Code, when a position in the classified service of	129
the state is to be filled, an examination shall be administered.	130
The director of administrative services shall have control of all	131
examinations administered for positions in the service of the	132
state and all other examinations the director administers as	133
provided in section 124.07 of the Revised Code, except as	134
otherwise provided in sections 124.01 to 124.64 of the Revised	135
Code. The director shall, by rule adopted under Chapter 119. of	136
the Revised Code, prescribe the notification method that is to be	137
used by an appointing authority to notify the director that a	138
position in the classified service of the state is to be filled.	139
In addition to the positions described in section 124.30 of the	140
Revised Code, the director may, with sufficient justification from	141
the appointing authority, allow the appointing authority to fill	142
the position by noncompetitive examination. The director shall	143
establish, by rule adopted under Chapter 119. of the Revised Code,	144
standards that the director shall use to determine what serves as	145
sufficient justification from an appointing authority to fill a	146
position by noncompetitive examination.	147

(F) No questions in any examination shall relate to political	148
or religious opinions or affiliations. No credit for seniority,	149
efficiency, or any other reason shall be added to an applicant's	150
examination grade unless the applicant achieves at least the	151
minimum passing grade on the examination without counting that	152
extra credit.	153

(G) Except as otherwise provided in sections 124.01 to 124.64	154
of the Revised Code, the director of administrative services or	155
the director's designee shall give reasonable notice of the time,	156
place, and general scope of every competitive examination for	157
appointment that the director or the director's designee	158
administers for positions in the classified service of the state.	159
The director or the director's designee shall post notices via	160
electronic media of every examination to be conducted for	161
positions in the classified civil service of the state. The	162
electronic notice shall be posted on the director's internet site	163
on the world wide web for a minimum of one week preceding any	164
examination involved.	165

Sec. 124.26.  From the returns of the examinations, the	166
director of administrative services or the director's designee	167
shall prepare an eligible list of the persons whose general	168
average standing upon examinations for the class or position is	169
not less than the minimum fixed by the rules of the director, and	170
who are otherwise eligible. Those persons shall take rank upon the	171
eligible list as candidates in the order of their relative	172
excellence as determined by the examination without reference to	173
priority of the time of examination. If two or more applicants	174
receive the same mark in an open competitive examination, priority	175
in the time of filing the application with the director or the	176
director's designee shall determine the order in which their names	177
shall be placed on the eligible list, except that applicants	178
eligible for the veteran's or the reserve component member's	179
preference under section 124.23 of the Revised Code shall receive	180
priority in rank on the eligible list over nonveterans and	181
nonmembers of the reserve component on the list with a rating	182
equal to that of the veteran or reserve component member. Ties	183
among veterans or among reserve component members shall be decided	184
by priority of filing the application. A tie between a veteran	185
and a reserve component member shall be decided in favor of the	186
veteran.	187

. An eligible list expires upon the filling or closing of the	188
position. An expired eligible list may be used to fill a position	189
of the same classification within the same appointing authority	190
for which the list was created. But, in no event shall an expired	191
list be used more than one year past its expiration date.	192

Sec. 3319.085.  Any nonteaching school employee who,	193
subsequent to September 1, 1962, has left, or leaves, the employ	194
of a board of education for the purpose of entering on extended	195
active duty in the armed services of the United States or the	196
auxiliaries thereof, and within eight weeks enters such service	197
performs service in the uniformed services or service under	198
section 5923.12 of the Revised Code and who has returned, or	199
returns, from suchthat service with an honorablea discharge	200
under honorable conditions or certificate ofis released from	201
service under section 5923.12 of the Revised Code shall be	202
re-employed by the board of education of the district in which he	203
the nonteaching school employee held suchthe nonteaching school	204
employee position, under the same type of contract as that which	205
he last held in such district, if such nonteaching school employee	206
applies, within ninety days after such discharge, to such board of	207
education for re-employment. Upon such application, such	208
nonteaching school employee shall be re-employed at the first of	209
the next school semester, if such application is made not less	210
than thirty days prior to the first of such next school semester,	211
in which case such nonteaching school employee shall be	212
re-employed the first of the following school semester, unless the	213
board of education waives the requirement for such thirty-day	214
period.	215

For the purposes of seniority and placement on the salary	216
schedule, years of absence on extended active duty in the armed	217
services of the United States or the auxiliaries thereof shall not	218
exceed four, and shall be counted as though school service had	219
been performed during such timeas required by the "Uniformed	220
Services Employment and Reemployment Rights Act of 1994," 108	221
Stat. 3149, 38 U.S.C. 4303.	222

The board of education of thisthe district in which suchthe	223
nonteaching school employee was employed and is re-employed under	224
this section may suspend the contract of the nonteaching school	225
employee whose services become unnecessary by reason of the return	226
of a nonteaching school employee from service in the armed	227
uniformed services or auxiliaries thereof.	228

As used in this section, "service in the uniformed services"	229
and "uniformed services" have the same meanings as in the	230
"Uniformed Services Employment and Reemployment Rights Act of	231
1994," 108 Stat. 3149, 38 U.S.C. 4303.	232

Sec. 3737.881.  (A) The fire marshal shall certify	233
underground storage tank systems installers who meet the standards	234
for certification established in rules adopted under division	235
(D)(1) of this section, pass the certification examination	236
required by this division, and pay the certificate fee established	237
in rules adopted under division (D)(5) of this section. Any	238
individual who wishes to obtain certification as an installer	239
shall apply to the fire marshal on a form prescribed by the fire	240
marshal. The application shall be accompanied by the application	241
and examination fees established in rules adopted under division	242
(D)(5) of this section.	243

The fire marshal shall prescribe an examination designed to	244
test the knowledge of applicants for certification as underground	245
storage tank system installers in the installation, repair,	246
abandonment, and removal of those systems. The examination shall	247
also test the applicants' knowledge and understanding of the	248
requirements and standards established in rules adopted under	249
sections 3737.88 and 3737.882 of the Revised Code pertaining to	250
the installation, repair, abandonment, and removal of those	251
systems.	252

Installer certifications issued under this division shall be	253
renewed annually, upon submission of a certification renewal form	254
prescribed by the fire marshal, provision of proof of successful	255
completion of continuing education requirements, and payment of	256
the certification renewal fee established in rules adopted under	257
division (D)(5) of this section. In addition, the fire marshal may	258
from time to time prescribe an examination for certification	259
renewal and may require applicants to pass the examination and pay	260
the fee established for it in rules adopted under division (D)(5)	261
of this section.	262

The fire marshal may, in accordance with Chapter 119. of the	263
Revised Code, deny, suspend, revoke, or refuse to renew an	264
installer's certification or renewal thereof if he findsafter	265
finding that any of the following applies:	266

(1) The applicant for certification or certificate holder	267
fails to meet the standards for certification or renewal thereof	268
under this section and rules adopted under it;	269

(2) The certification was obtained through fraud or	270
misrepresentation;	271

(3) The certificate holder recklessly caused or permitted a	272
person under histhe certificate holder's supervision to install,	273
perform major repairs on site to, abandon, or remove an	274
underground storage tank system in violation of the performance	275
standards set forth in rules adopted under section 3737.88 or	276
3737.882 of the Revised Code.	277

As used in division (A)(3) of this section, "recklessly" has	278
the same meaning as in section 2901.22 of the Revised Code.	279

(B) The fire marshal shall certify persons who sponsor	280
training programs for underground storage tank system installers	281
who meet the criteria for certification established in rules	282
adopted by the fire marshal under division (D)(4) of this section	283
and pay the certificate fee established in rules adopted under	284
division (D)(5) of this section. Any person who wishes to obtain	285
certification to sponsor such a training program shall apply to	286
the fire marshal on a form prescribed by himthe fire marshal.	287
Training program certificates issued under this division shall	288
expire annually. Upon submission of a certification renewal	289
application form prescribed by the fire marshal and payment of the	290
application and certification renewal fees established in rules	291
adopted under division (D)(5) of this section, the fire marshal	292
shall issue a training program renewal certificate to the	293
applicant.	294

The fire marshal may, in accordance with Chapter 119. of the	295
Revised Code, deny an application for, suspend, or revoke a	296
training program certificate or renewal thereof if he findsor	297
renewal of a training program certificate after finding that the	298
training program does not or will not meet the standards for	299
certification established in rules adopted under division (D)(4)	300
of this section.	301

(C) The fire marshal may conduct or cause to be conducted	302
training programs for underground storage tank systems installers	303
as hethe fire marshal considers to be necessary or appropriate.	304
The fire marshal is not subject to division (B) of this section	305
with respect to training programs conducted by employees of the	306
office of the fire marshal.	307

(D) The fire marshal shall adopt, and may amend and rescind,	308
rules doing all of the following:	309

(1) Defining the activities that constitute supervision over	310
the installation, performance of major repairs on site to,	311
abandonment of, and removal of underground storage tank systems;	312

(2) Establishing standards and procedures for certification	313
of underground storage tank systems installers;	314

(3) Establishing standards and procedures for continuing	315
education for certification renewal, subject to the provisions of	316
section 5903.12 of the Revised Code relating to active duty	317
military service;	318

(4) Establishing standards and procedures for certification	319
of training programs for installers;	320

(5) Establishing fees for applications for certifications	321
under this section, the examinations prescribed under division (A)	322
of this section, the issuance and renewal of certificates under	323
divisions (A) and (B) of this section, and attendance at training	324
programs conducted by the fire marshal under division (C) of this	325
section. Fees received under this section shall be credited to the	326
underground storage tank administration fund created in section	327
3737.02 of the Revised Code and shall be used to defray the costs	328
of implementing, administering, and enforcing this section and the	329
rules adopted thereunder, conducting training sessions, and	330
facilitating prevention of releases.	331

(6) That are necessary or appropriate for the implementation,	332
administration, and enforcement of this section.	333

(E) Nothing in this section or the rules adopted under it	334
prohibits an owner or operator of an underground storage tank	335
system from installing, making major repairs on site to,	336
abandoning, or removing an underground storage tank system under	337
the supervision of an installer certified under division (A) of	338
this section who is a full-time or part-time employee of the owner	339
or operator.	340

(F) On and after the date one hundred eighty days after the	341
effective date of this sectionJanuary 7, 1990, no person shall do	342
any of the following:	343

(1) Install, make major repairs on site to, abandon, or	344
remove an underground storage tank system unless the activity is	345
performed under the supervision of a qualified individual who	346
holds a valid installer certificate issued under division (A) of	347
this section;	348

(2) Act in the capacity of providing supervision for the	349
installation of, performance of major repairs on site to,	350
abandonment of, or removal of an underground storage tank system	351
unless the person holds a valid installer certificate issued under	352
division (A) of this section;	353

(3) Except as provided in division (C) of this section,	354
sponsor a training program for underground storage tank systems	355
installers unless the person holds a valid training program	356
certificate issued under division (B) of this section.	357

Sec. 3781.10. (A)(1) The board of building standards shall	358
formulate and adopt rules governing the erection, construction,	359
repair, alteration, and maintenance of all buildings or classes of	360
buildings specified in section 3781.06 of the Revised Code,	361
including land area incidental to those buildings, the	362
construction of industrialized units, the installation of	363
equipment, and the standards or requirements for materials used in	364
connection with those buildings. The board shall incorporate those	365
rules into separate residential and nonresidential building codes.	366
The standards shall relate to the conservation of energy and the	367
safety and sanitation of those buildings.	368

(2) The rules governing nonresidential buildings are the	369
lawful minimum requirements specified for those buildings and	370
industrialized units, except that no rule other than as provided	371
in division (C) of section 3781.108 of the Revised Code that	372
specifies a higher requirement than is imposed by any section of	373
the Revised Code is enforceable. The rules governing residential	374
buildings are uniform requirements for residential buildings in	375
any area with a building department certified to enforce the state	376
residential building code. In no case shall any local code or	377
regulation differ from the state residential building code unless	378
that code or regulation addresses subject matter not addressed by	379
the state residential building code or is adopted pursuant to	380
section 3781.01 of the Revised Code.	381

(3) The rules adopted pursuant to this section are complete,	382
lawful alternatives to any requirements specified for buildings or	383
industrialized units in any section of the Revised Code. Except as	384
otherwise provided in division (I) of this section, the board	385
shall, on its own motion or on application made under sections	386
3781.12 and 3781.13 of the Revised Code, formulate, propose,	387
adopt, modify, amend, or repeal the rules to the extent necessary	388
or desirable to effectuate the purposes of sections 3781.06 to	389
3781.18 of the Revised Code.	390

(B) The board shall report to the general assembly proposals	391
for amendments to existing statutes relating to the purposes	392
declared in section 3781.06 of the Revised Code that public health	393
and safety and the development of the arts require and shall	394
recommend any additional legislation to assist in carrying out	395
fully, in statutory form, the purposes declared in that section.	396
The board shall prepare and submit to the general assembly a	397
summary report of the number, nature, and disposition of the	398
petitions filed under sections 3781.13 and 3781.14 of the Revised	399
Code.	400

(C) On its own motion or on application made under sections	401
3781.12 and 3781.13 of the Revised Code, and after thorough	402
testing and evaluation, the board shall determine by rule that any	403
particular fixture, device, material, process of manufacture,	404
manufactured unit or component, method of manufacture, system, or	405
method of construction complies with performance standards adopted	406
pursuant to section 3781.11 of the Revised Code. The board shall	407
make its determination with regard to adaptability for safe and	408
sanitary erection, use, or construction, to that described in any	409
section of the Revised Code, wherever the use of a fixture,	410
device, material, method of manufacture, system, or method of	411
construction described in that section of the Revised Code is	412
permitted by law. The board shall amend or annul any rule or issue	413
an authorization for the use of a new material or manufactured	414
unit on any like application. No department, officer, board, or	415
commission of the state other than the board of building standards	416
or the board of building appeals shall permit the use of any	417
fixture, device, material, method of manufacture, newly designed	418
product, system, or method of construction at variance with what	419
is described in any rule the board of building standards adopts or	420
issues or that is authorized by any section of the Revised Code.	421
Nothing in this section shall be construed as requiring approval,	422
by rule, of plans for an industrialized unit that conforms with	423
the rules the board of building standards adopts pursuant to	424
section 3781.11 of the Revised Code.	425

(D) The board shall recommend rules, codes, and standards to	426
help carry out the purposes of section 3781.06 of the Revised Code	427
and to help secure uniformity of state administrative rulings and	428
local legislation and administrative action to the bureau of	429
workers' compensation, the director of commerce, any other	430
department, officer, board, or commission of the state, and to	431
legislative authorities and building departments of counties,	432
townships, and municipal corporations, and shall recommend that	433
they audit those recommended rules, codes, and standards by any	434
appropriate action that they are allowed pursuant to law or the	435
constitution.	436

(E)(1) The board shall certify municipal, township, and	437
county building departments and the personnel of those building	438
departments, and persons and employees of individuals, firms, or	439
corporations as described in division (E)(7) of this section to	440
exercise enforcement authority, to accept and approve plans and	441
specifications, and to make inspections, pursuant to sections	442
3781.03, 3791.04, and 4104.43 of the Revised Code.	443

(2) The board shall certify departments, personnel, and	444
persons to enforce the state residential building code, to enforce	445
the nonresidential building code, or to enforce both the	446
residential and the nonresidential building codes. Any department,	447
personnel, or person may enforce only the type of building code	448
for which certified.	449

(3) The board shall not require a building department, its	450
personnel, or any persons that it employs to be certified for	451
residential building code enforcement if that building department	452
does not enforce the state residential building code. The board	453
shall specify, in rules adopted pursuant to Chapter 119. of the	454
Revised Code, the requirements for certification for residential	455
and nonresidential building code enforcement, which shall be	456
consistent with this division. The requirements for residential	457
and nonresidential certification may differ. Except as otherwise	458
provided in this division, the requirements shall include, but are	459
not limited to, the satisfactory completion of an initial	460
examination and, to remain certified, the completion of a	461
specified number of hours of continuing building code education	462
within each three-year period following the date of certification	463
which shall be not less than thirty hours. The rules shall provide	464
that continuing education credits and certification issued by the	465
council of American building officials, national model code	466
organizations, and agencies or entities the board recognizes are	467
acceptable for purposes of this division. The rules shall specify	468
requirements that are consistent with the provisions of section	469
5903.12 of the Revised Code relating to active duty military	470
service and are compatible, to the extent possible, with	471
requirements the council of American building officials and	472
national model code organizations establish.	473

(4) The board shall establish and collect a certification and	474
renewal fee for building department personnel, and persons and	475
employees of persons, firms, or corporations as described in this	476
section, who are certified pursuant to this division.	477

(5) Any individual certified pursuant to this division shall	478
complete the number of hours of continuing building code education	479
that the board requires or, for failure to do so, forfeit	480
certification.	481

(6) This division does not require or authorize the board to	482
certify personnel of municipal, township, and county building	483
departments, and persons and employees of persons, firms, or	484
corporations as described in this section, whose responsibilities	485
do not include the exercise of enforcement authority, the approval	486
of plans and specifications, or making inspections under the state	487
residential and nonresidential building codes.	488

(7) Enforcement authority for approval of plans and	489
specifications and enforcement authority for inspections may be	490
exercised, and plans and specifications may be approved and	491
inspections may be made on behalf of a municipal corporation,	492
township, or county, by any of the following who the board of	493
building standards certifies:	494

(a) Officers or employees of the municipal corporation,	495
township, or county;	496

(b) Persons, or employees of persons, firms, or corporations,	497
pursuant to a contract to furnish architectural, engineering, or	498
other services to the municipal corporation, township, or county;	499

(c) Officers or employees of, and persons under contract	500
with, a municipal corporation, township, county, health district,	501
or other political subdivision, pursuant to a contract to furnish	502
architectural, engineering, or other services.	503

(8) Municipal, township, and county building departments have	504
jurisdiction within the meaning of sections 3781.03, 3791.04, and	505
4104.43 of the Revised Code, only with respect to the types of	506
buildings and subject matters for which they are certified under	507
this section.	508

(9) Certification shall be granted upon application by the	509
municipal corporation, the board of township trustees, or the	510
board of county commissioners and approval of that application by	511
the board of building standards. The application shall set forth:	512

(a) Whether the certification is requested for residential or	513
nonresidential buildings, or both;	514

(b) The number and qualifications of the staff composing the	515
building department;	516

(c) The names, addresses, and qualifications of persons,	517
firms, or corporations contracting to furnish work or services	518
pursuant to division (E)(7)(b) of this section;	519

(d) The names of any other municipal corporation, township,	520
county, health district, or political subdivision under contract	521
to furnish work or services pursuant to division (E)(7) of this	522
section;	523

(e) The proposed budget for the operation of the building	524
department.	525

(10) The board of building standards shall adopt rules	526
governing all of the following:	527

(a) The certification of building department personnel and	528
persons and employees of persons, firms, or corporations	529
exercising authority pursuant to division (E)(7) of this section.	530
The rules shall disqualify any employee of the department or	531
person who contracts for services with the department from	532
performing services for the department when that employee or	533
person would have to pass upon, inspect, or otherwise exercise	534
authority over any labor, material, or equipment the employee or	535
person furnishes for the construction, alteration, or maintenance	536
of a building or the preparation of working drawings or	537
specifications for work within the jurisdictional area of the	538
department. The department shall provide other similarly qualified	539
personnel to enforce the residential and nonresidential building	540
codes as they pertain to that work.	541

(b) The minimum services to be provided by a certified	542
building department.	543

(11) The board of building standards may revoke or suspend	544
certification to enforce the residential and nonresidential	545
building codes, on petition to the board by any person affected by	546
that enforcement or approval of plans, or by the board on its own	547
motion. Hearings shall be held and appeals permitted on any	548
proceedings for certification or revocation or suspension of	549
certification in the same manner as provided in section 3781.101	550
of the Revised Code for other proceedings of the board of building	551
standards.	552

(12) Upon certification, and until that authority is revoked,	553
any county or township building department shall enforce the	554
residential and nonresidential building codes for which it is	555
certified without regard to limitation upon the authority of	556
boards of county commissioners under Chapter 307. of the Revised	557
Code or boards of township trustees under Chapter 505. of the	558
Revised Code.	559

(F) In addition to hearings sections 3781.06 to 3781.18 and	560
3791.04 of the Revised Code require, the board of building	561
standards shall make investigations and tests, and require from	562
other state departments, officers, boards, and commissions	563
information the board considers necessary or desirable to assist	564
it in the discharge of any duty or the exercise of any power	565
mentioned in this section or in sections 3781.06 to 3781.18,	566
3791.04, and 4104.43 of the Revised Code.	567

(G) The board shall adopt rules and establish reasonable fees	568
for the review of all applications submitted where the applicant	569
applies for authority to use a new material, assembly, or product	570
of a manufacturing process. The fee shall bear some reasonable	571
relationship to the cost of the review or testing of the	572
materials, assembly, or products and for the notification of	573
approval or disapproval as provided in section 3781.12 of the	574
Revised Code.	575

(H) The residential construction advisory committee shall	576
provide the board with a proposal for a state residential building	577
code that the committee recommends pursuant to division (D)(1) of	578
section 4740.14 of the Revised Code. Upon receiving a	579
recommendation from the committee that is acceptable to the board,	580
the board shall adopt rules establishing that code as the state	581
residential building code.	582

(I)(1) The committee may provide the board with proposed	583
rules to update or amend the state residential building code that	584
the committee recommends pursuant to division (E) of section	585
4740.14 of the Revised Code.	586

(2) If the board receives a proposed rule to update or amend	587
the state residential building code as provided in division (I)(1)	588
of this section, the board either may accept or reject the	589
proposed rule for incorporation into the residential building	590
code. If the board does not act to either accept or reject the	591
proposed rule within ninety days after receiving the proposed rule	592
from the committee as described in division (I)(1) of this	593
section, the proposed rule shall become part of the residential	594
building code.	595

(J) The board shall cooperate with the director of job and	596
family services when the director promulgates rules pursuant to	597
section 5104.05 of the Revised Code regarding safety and	598
sanitation in type A family day-care homes.	599

(K) The board shall adopt rules to implement the requirements	600
of section 3781.108 of the Revised Code.	601

Sec. 4743.04.  (A) The renewal of a license or other	602
authorization to practice a trade or profession issued under Title	603
XLVII of the Revised Code is subject to the provisions of section	604
5903.10 of the Revised Code relating to service in the armed	605
forces of the United States or the Ohio national guard.	606

(B) Continuing education requirements applicable to the	607
licensees under Title XLVII of the Revised Code are subject to the	608
provisions of section 5903.12 of the Revised Code relating to	609
active duty military service.	610

(C) A department, agency, or office of this state or of any	611
political subdivision of this state that issues a license or	612
certificate to practice a trade or profession may, pursuant to	613
rules adopted by the department, agency, or office, issue a	614
temporary license or certificate to practice the trade or	615
profession to a person whose spouse is on active military duty in	616
this state.	617

Sec. 5321.04.  (A) A landlord who is a party to a rental	618
agreement shall do all of the following:	619

(1) Comply with the requirements of all applicable building,	620
housing, health, and safety codes that materially affect health	621
and safety;	622

(2) Make all repairs and do whatever is reasonably necessary	623
to put and keep the premises in a fit and habitable condition;	624

(3) Keep all common areas of the premises in a safe and	625
sanitary condition;	626

(4) Maintain in good and safe working order and condition all	627
electrical, plumbing, sanitary, heating, ventilating, and air	628
conditioning fixtures and appliances, and elevators, supplied or	629
required to be supplied by himthe landlord;	630

(5) When hethe landlord is a party to any rental agreements	631
that cover four or more dwelling units in the same structure,	632
provide and maintain appropriate receptacles for the removal of	633
ashes, garbage, rubbish, and other waste incidental to the	634
occupancy of a dwelling unit, and arrange for their removal;	635

(6) Supply running water, reasonable amounts of hot water,	636
and reasonable heat at all times, except where the building that	637
includes the dwelling unit is not required by law to be equipped	638
for that purpose, or the dwelling unit is so constructed that heat	639
or hot water is generated by an installation within the exclusive	640
control of the tenant and supplied by a direct public utility	641
connection;	642

(7) Not abuse the right of access conferred by division (B)	643
of section 5321.05 of the Revised Code;	644

(8) Except in the case of emergency or if it is impracticable	645
to do so, give the tenant reasonable notice of histhe landlord's	646
intent to enter and enter only at reasonable times. Twenty-four	647
hours is presumed to be a reasonable notice in the absence of	648
evidence to the contrary.	649

(9) Promptly commence an action under Chapter 1923. of the	650
Revised Code, after complying with division (C) of section 5321.17	651
of the Revised Code, to remove a tenant from particular	652
residential premises, if the tenant fails to vacate the premises	653
within three days after the giving of the notice required by that	654
division and if the landlord has actual knowledge of or has	655
reasonable cause to believe that the tenant, any person in the	656
tenant's household, or any person on the premises with the consent	657
of the tenant previously has or presently is engaged in a	658
violation as described in division (A)(6)(a)(i) of section 1923.02	659
of the Revised Code, whether or not the tenant or other person has	660
been charged with, has pleaded guilty to or been convicted of, or	661
has been determined to be a delinquent child for an act that, if	662
committed by an adult, would be a violation as described in that	663
division. Such actual knowledge or reasonable cause to believe	664
shall be determined in accordance with that division.	665

(10) Comply with the rights of tenants under the	666
Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App.	667
501.	668

(B) If the landlord makes an entry in violation of division	669
(A)(8) of this section, makes a lawful entry in an unreasonable	670
manner, or makes repeated demands for entry otherwise lawful that	671
have the effect of harassing the tenant, the tenant may recover	672
actual damages resulting from the entry or demands, obtain	673
injunctive relief to prevent the recurrence of the conduct, and	674
obtain a judgment for reasonable attorney's fees, or may terminate	675
the rental agreement.	676

Sec. 5903.10. Any(A) A holder of an expired license or	677
certificate from this state or any political subdivision or agency	678
of the state to practice a trade or profession, whose license or	679
certificate was not renewed because of the holder's service in the	680
armed forces of the United States, or in the national guard or in	681
a reserve component, shall, upon presentation of satisfactory	682
evidence of honorable discharge or separation under honorable	683
conditions therefrom within six months of such discharge or	684
separation, be granted a renewal of saidthe license or	685
certificate by the issuing board or authority at the usual cost	686
without penalty and without re-examination if not otherwise	687
disqualified because of mental or physical disability and if	688
either of the following applies:	689

(1) The license or certificate was not renewed because of the	690
holder's service in the armed forces of the United States or a	691
reserve component of the armed forces of the United States,	692
including the Ohio national guard.	693

(2) The license or certificate was not renewed because the	694
holder's spouse served in the armed forces of the United States or	695
a reserved component of the armed forces of the United States,	696
including the Ohio national guard, and the service resulted in the	697
holder's absence from this state.	698

(B) A renewal shall not be granted under division (A) of this	699
section unless the holder or the holder's spouse, whichever is	700
applicable, has presented satisfactory evidence of the service	701
member's discharge under honorable conditions or release under	702
honorable conditions from active duty or national guard duty	703
within six months after the discharge or release.	704

Sec. 5903.11.  (A) Any federally funded employment and	705
training program administered by any state agency including, but	706
not limited to, the "Job Training PartnershipWorkforce Investment	707
Act of 1998," 96112 Stat. 1322(1982)936, codified in scattered	708
sections of 29 U.S.C.A. 1501, as amended, shall include a veteran	709
priority system to provide maximum employment and training	710
opportunities to veterans and other eligible persons within each	711
targeted group as established by federal law and state and federal	712
policy in the service area. Disabled veterans, veterans of the	713
Vietnam era, other veterans, and other eligible persons shall	714
receive preference over nonveterans within each targeted group in	715
the provision of employment and training services available	716
through these programs as required by this section.	717

(B) Each state agency shall refer qualified applicants to job	718
openings and training opportunities in programs described in	719
division (A) of this section in the following order of priority:	720

(1) Special disabled veterans;

721

(2) Veterans of the Vietnam era;

722

(3) Disabled veterans;

723

(4) All other veterans;

724

(5) Other eligible persons;

725

(6) Nonveterans.

726

(C) Each state agency providing employment and training	727
services to veterans and other eligible persons under programs	728
described in division (A) of this section shall submit an annual	729
written report to the speaker of the house of representatives and	730
the president of the senate on the services that it provides to	731
veterans and other eligible persons. Each such agency shall report	732
separately on all entitlement programs, employment or training	733
programs, and any other programs that it provides to each class of	734
persons described in divisions (B)(1) to (6) of this section. Each	735
such agency shall also report on action taken to ensure compliance	736
with statutory requirements. Compliance and reporting procedures	737
shall be in accordance with the reporting procedures then in	738
effect for all employment and training programs described in	739
division (A) of this section, with the addition of veterans as a	740
separate reporting module.	741

(D) All state agencies that administer federally funded	742
employment and training programs described in division (A) of this	743
section for veterans and other eligible persons shall do all of	744
the following:	745

(1) Ensure that veterans are treated with courtesy and	746
respect at all state governmental facilities;	747

(2) Give priority in referral to jobs to qualified veterans	748
and other eligible persons;	749

(3) Give priority in referral to and enrollment in training	750
programs to qualified veterans and other eligible persons;	751

(4) Give preferential treatment to special disabled veterans	752
in the provision of all needed state services;	753

(5) Provide information and effective referral assistance to	754
veterans and other eligible persons regarding needed benefits and	755
services that may be obtained through other agencies.	756

(E) As used in this section:

757

(1) "Special disabled veteran" means a veteran who is	758
entitled to, or who but for the receipt of military pay would be	759
entitled to, compensation under any law administered by the	760
department of veterans affairs for a disability rated at thirty	761
per cent or more or a person who was discharged or released from	762
active duty because of a service-connected disability.	763

(2) "Veteran of the Vietnam era" means an eligible veteran	764
who served on active duty for a period of more than one hundred	765
eighty days, any part of which occurred from August 5, 1964,	766
through May 7, 1975, and was discharged or released therefrom with	767
other than a dishonorable discharge or a person who was discharged	768
or released from active duty for a service-connected disability if	769
any part of the active duty was performed from August 5, 1964,	770
through May 7, 1975.	771

(3) "Disabled veteran" means a veteran who is entitled to, or	772
who but for the receipt of military retirement pay would be	773
entitled to compensation, under any law administered by the	774
department of veterans affairs and who is not a special disabled	775
veteran.	776

(4) "Eligible veteran" means a person who served on active	777
duty for more than one hundred eighty days and was discharged or	778
released from active duty with other than a dishonorable discharge	779
or a person who was discharged or released from active duty	780
because of a service-connected disability.	781

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

782

(a) The spouse of any person who died of a service-connected	783
disability;	784

(b) The spouse of any member of the armed forces serving on	785
active duty who at the time of the spouse's application for	786
assistance under any program described in division (A) of this	787
section is listed pursuant to the "Act of September 6, 1966," 80	788
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	789
thereto, as having been in one or more of the following categories	790
for a total of ninety or more days:	791

(i) Missing in action;

792

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

793

(iii) Forcibly detained or interned in line of duty by a	794
foreign government or power.	795

(c) The spouse of any person who has a total disability	796
permanent in nature resulting from a service-connected disability	797
or the spouse of a veteran who died while such a disability was in	798
existence.	799

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

800

(a) Any person who was a member of the armed forces of the	801
United States for a period of one hundred eighty days or more or a	802
person who was discharged or released from active duty because of	803
a service-connected disability;	804

(b) A person who served as a member of the United States	805
merchant marine and to whom either of the following applies:	806

(i) The person has an honorable report of separation from	807
active duty military service, form DD214 or DD215.	808

(ii) The person served in the United States merchant marine	809
between December 7, 1941, and December 31, 1946, and died on	810
active duty while serving in a war zone during that period of	811
service.	812

(7) "Armed forces of the United States" means the army, air	813
force, navy, marine corps, coast guard, and any other military	814
service branch that is designated by congress as a part of the	815
armed forces of the United States.	816

(8) "Employment program" means a program which provides	817
referral of individuals to employer job openings in the federal,	818
state, or private sector.	819

(9) "Training program" means any program that upgrades the	820
employability of qualified applicants.	821

(10) "Entitlement program" means any program that enlists	822
specific criteria in determining eligibility, including but not	823
limited to the existence in special segments of the general	824
population of specific financial needs.	825

(11) "Targeted group" means a group of persons designated by	826
federal law or regulations or by state law to receive special	827
assistance under an employment and training program described in	828
division (A) of this section.	829

(12) "United States merchant marine" includes the United	830
States army transport service and the United States naval	831
transport service.	832

Sec. 5911.07.  The armories erected by the state are for the	833
use of the organized militia; but in each armory there shallmay	834
be provided and maintained, except as provided in this section, a	835
suitable room including heating, lighting, and janitor services,	836
for the free use of thepatriotic and national organizations known	837
as the women's relief corps, sons of veterans, sons of veterans'	838
auxiliary, daughters of veterans, united Spanish war veterans,	839
auxiliary united Spanish war veterans, veterans of foreign wars of	840
the United States, veteran organizations of World War I and World	841
War II, army and navy union of the United States, and honorably	842
retired officers of the Ohio national guard, Ohio military	843
reserve, and Ohio naval militiachartered under part B of subtitle	844
II of Title 36 of the United States Code, unless such rooms are	845
already provided by the erection of a county memorial building or	846
otherwise by the state, or by the county, township, or municipal	847
corporation. This section does not require a separate room to be	848
maintained for each organization. The room provided in this	849
section may be used for military training when not in actual use	850
by one of the aforenamed organizations. This section applies only	851
during the time that such armory is being used by an active	852
military organization ora unit of the organized militia.	853

Sec. 5923.12.  When ordered to state active duty by the	854
governor, for which duty federal basic pay and allowances are not	855
authorized, members of the organized militia of Ohio shall receive	856
the same pay and allowances for each day's service as is provided	857
for commissioned officers, warrant officers, noncommissioned	858
officers, and enlisted personnel of like grade and longevity in	859
the armed forces of the United States, together with the necessary	860
transportation, housing, and subsistence allowances as prescribed	861
by the United States department of defense pay manual, or an	862
amount not less than seventy-five dollars per day as base pay for	863
each day's duty performed, whichever is greater.	864

When ordered by the governor to perform training or duty	865
under this section or section 5919.29 of the Revised Code, members	866
of the Ohio national guard shall have the protections afforded to	867
persons on federal active duty by "The Soldiers and Sailors	868
Servicemembers Civil Relief Act of 1940," 54117 Stat. 11782835,	869
50 App. U.S.C.A. App. 501-548 and 560-591.	870

Sec. 5924.01.  As used in Chapter 5924. of the Revised Code	871
unless the context otherwise requires:	872

(A) "Organized militia" means the Ohio national guard, the	873
Ohio naval militia, and the Ohio military reserve.	874

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

875

(C) "Commissioned officer" includes a commissioned warrant	876
officer.	877

(D) "Commanding officer" includes only commissioned or	878
warrant officers in command of a unit.	879

(E) "Superior commissioned officer" means a commissioned	880
officer superior in rank or command.	881

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

882

(G) "Grade" means a step or degree, in a graduated scale of	883
office or military rank, that is established and designated as a	884
grade by law or regulation.	885

(H) "Rank" means the order of precedence among members of the	886
armed forces.	887

(I) "Active stateState active duty" means full-time duty in	888
the active military service of the state under an ordera	889
proclamation of the governor issued pursuant to authority vested	890
in himthe governor by law, and while going to and returning from	891
such duty.	892

(J) "Duty status other than active state active duty" means	893
any other types of duty and while going to and returning from such	894
duty.	895

(K) "Military court" means a court-martial, a court of	896
inquiry, or a provost court.	897

(L) "Military judge" means an official of a general or	898
special court-martial who is a commissioned officer, who has been	899
duly certified to be qualified for duty as a military judge by the	900
state judge advocate, and who has been properly detailed in	901
accordance with section 5924.26 of the Revised Code.	902

(M) "Law specialist" means a commissioned officer of the	903
organized naval militia of the state designated for special duty.	904

(N) "Legal officer" means any commissioned officer of the	905
organized naval militia of the state designated to perform legal	906
duties for a command.	907

(O) "State judge advocate" means the commissioned officer	908
responsible for supervising the administration of the military	909
justice in the organized militia.	910

(P) "Accuser" means a person who reports an offense subject	911
to trial by court-martial and who signs and swears to charges, any	912
person who directs that charges nominally be signed and sworn to	913
by another, andor any other person who has an interest other than	914
an official interest in the prosecution of the accused.	915

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

916

(R) "Convening authority" includes, in addition to the person	917
who convened the court, a commissioned officer commanding for the	918
time being, or a successor in command.	919

(S) "May" is used in a permissive sense. The words "no person	920
may ............" mean that no person is required, authorized, or	921
permitted to do the act prescribed.	922

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

923

(U) "Code" means the Ohio code of military justice, as set	924
forth in Chapter 5924. of the Revised Code.	925

(V) "Trial counsel" means the prosecuting attorney in a	926
general or special court-martial.	927

(W) "Detention facility" means any place that is owned or	928
operated by a municipal corporation, by a county, or by one or	929
more municipal corporations, counties, or both and that is used	930
for the confinement of persons charged with or convicted of any	931
crime in this state or another state or under the laws of the	932
United States.	933

(X) "Examiner" has the same meaning as in division (A)(2)(a)	934
of section 2945.37 of the Revised Code.	935

(Y) "Nonsecured status," "unsupervised, off-grounds	936
movement," "trial visit," "conditional release," and "licensed	937
clinical psychologist" have the same meanings as in section	938
2945.37 of the Revised Code.	939

Sec. 5924.02.  The following persons who are not in federal	940
service are subject to this code:	941

(A) Members of the organized militia, including Ohio national	942
guard dual-status technicians during their normal duty hours;	943

(B) Persons who have been placed on the state reserve list or	944
the state retired list pursuant to section 5913.07 or 5919.13 of	945
the Revised Code;	946

(C) All other persons lawfully ordered to duty in or with the	947
organized militia, from the dates they are required by the terms	948
of the order or other directive to obey the sameorder or	949
directive, including any time during which they are going to or	950
returning from duty in the organized militia.	951

Sec. 5924.03.  (A) Each person discharged from the organized	952
militia who is later charged with having fraudulently obtained his	953
the discharge is, subject to section 5924.43 of the Revised Code,	954
subject to trial by court-martial on that charge and is, after	955
apprehension, subject to this code while in the custody of the	956
military for that trial. Upon conviction of that charge hethe	957
person is subject to trial by court-martial for all offenses under	958
this code committed before the fraudulent charge.	959

(B) No person who has deserted from the organized militia may	960
be relieved from amenability to the jurisdiction of this code by	961
virtue of a separation from any later period of service.	962

Sec. 5924.06.  (A) The governor, on the recommendation of the	963
adjutant general, shall appoint an officer of the organized	964
militiaOhio national guard as state judge advocate, who. The	965
officer shall be a member in good standing of the bar of the	966
supreme court of this state and shall have been a member of the	967
bar of the state and a member of the organized militia for at	968
least five yearsbe eligible to be recognized as a colonel under	969
regulations prescribed by the national guard bureau.	970

(B) The adjutant general mayshall appoint as many assistant	971
state judge advocates as he shall deem necessary, which assistant	972
state judgeand legal officers on the recommendation of the state	973
judge advocate. Judge advocates and legal officers shall be	974
officers of the organized militia and members in good standing of	975
the bar of thethis state.	976

(C) The state judge advocate or his assistantssubordinate	977
judge advocates shall make frequent inspections in the field in	978
supervision of the administration of military justice.	979

(D) The provisions of section 109.02 of the Revised Code	980
shall not be a restriction upon the appointment and duties as	981
provided in this section.	982

(E) Convening authorities shall at all times communicate	983
directly with their staff judge advocates or legal officers in	984
matters relating to the administration of military justice; and	985
the. A staff judge advocate or legal officer of anya command is	986
entitled to communicate directly with theany staff judge advocate	987
or legal officer of a superior or subordinate command, or with the	988
state judge advocate.	989

(F)(E) No person who has acted as member, military judge,	990
trial counsel, assistant trial counsel, defense counsel, assistant	991
defense counsel, or investigating officer, or who has been a	992
witness for either the prosecution or defense, in any case may	993
later act as staff judge advocate or legal officer to any	994
reviewing authority upon the same case.	995

Sec. 5924.07.  (A) Apprehension is the taking of a person	996
into custody.	997

(B) Any person authorized by this code, or by regulations	998
issued pursuant theretoto this code, to apprehend persons subject	999
to this code, any marshal of a court-martial appointed pursuant to	1000
the provisions of this code, and any peace officer authorized to	1001
do so by law may do so upon reasonable belief that an offense has	1002
been committed and that the person apprehended committed it.	1003

(C) Commissioned officers, warrant officers, petty officers,	1004
and noncommissioned officers have authoritymay take reasonable	1005
action to quell quarrels, frays, and disorders among persons	1006
subject to this code and to apprehend persons subject to this code	1007
who take part therein.	1008

(D) A person subject to this code may be apprehended in the	1009
person's home, with the assistance of a local law enforcement	1010
agency, only upon probable cause to believe that the person is	1011
legally subject to apprehension and that the person is or will be	1012
present to be apprehended.	1013

Sec. 5924.08. Any civilA peace officer having authority to	1014
apprehend offenders under the laws of the United States, or of a	1015
state, territory, commonwealth, or possession, or the District of	1016
Columbia may summarily apprehend a deserter from the organized	1017
militia and deliver himthe deserter into the custody of the	1018
organized militia. If an offender is apprehended outside the	1019
state, his return to the area must be in accordance with normal	1020
extradition procedures, or reciprocal agreement.	1021

Sec. 5924.09.  (A) Arrest is the restraint of a person by an	1022
oral or written order, not imposed as a punishment for an offense,	1023
directing himthe person to remain within certain specified	1024
limits. Confinement is the physical restraint of a person that is	1025
imposed by order of competent authority and deprives the person of	1026
freedom pending disposition of criminal charges.	1027

(B) An enlisted member may be ordered into arrest or	1028
confinement by any commissionedcommanding officer by an order,	1029
oral or written, delivered in person or through other persons	1030
subject to this code or through any person authorized by this code	1031
to apprehend persons. A commanding officer may authorize warrant	1032
officers, petty officers, or noncommissioned officers to order	1033
enlisted members of histhe commanding officer's command or	1034
enlisted members subject to histhe commanding officer's authority	1035
into arrest or confinement.	1036

(C) A commissioned officer or a warrant officer may be	1037
ordered apprehended or into arrest or confinement only by a	1038
commanding officer to whose authority hethe commissioned officer	1039
or warrant officer is subject, by an order, oral or written,	1040
delivered in person or by another commissioned officer. The	1041
authority to order such persons apprehended or into arrest or	1042
confinement may not be delegated.	1043

(D) No person may be ordered apprehended or into arrest or	1044
confinement except for probable cause.	1045

(E) Nothing in this section shall be construed to limit the	1046
authority of persons authorized to apprehend offenders to secure	1047
the custody of an alleged offender until proper authority may be	1048
notified.	1049

Sec. 5924.10.  (A) Any person subject to this code charged	1050
with an offense under this code shall be ordered into arrest or	1051
confinement, as circumstances may require; but when charged only	1052
with an offense normally tried by a summary court-martial, such	1053
person shall not ordinarily be placed into confinement. When any	1054
person subject to this code is placed into arrest or confinement	1055
prior to trial, immediate steps shall be taken to inform himthe	1056
person shall be informed within seventy-two hours of the specific	1057
wrong of which hethe person is accused and to try him or to	1058
dismiss the charges and release himof the person's rights under	1059
this code.	1060

(B) Confinement other than in a guard house, whether before,	1061
during, or after trial by a military court, shall be executed, to	1062
the maximum extent practicable, in civil jails or prisons	1063
designated by the governor or by such person as he may authorize	1064
to actlike facilities. An order that an accused person be placed	1065
in pretrial confinement shall be reviewed by a military judge	1066
within seven days and if confirmed may be reviewed after that	1067
confirmation only on motion.	1068

Sec. 5924.11.  (A) No provost marshal, commander of a guard,	1069
master at arms, wardensheriff, keeper, or officer of a city or	1070
county jail or any other jail or prison designated under section	1071
5924.10 of the Revised Code,detention facility may refuse to	1072
receive or keep any prisoner committed to histhe sheriff's,	1073
keeper's, or officer's charge, when the committing person	1074
furnishes a statement, signed by himthe committing person, of the	1075
offense charged against the prisoner.	1076

(B) Every commander of a guard, master at armsA sheriff,	1077
warden, keeper, or officer of a city or county jail or of any	1078
other jail or prison designated under section 5924.10 of the	1079
Revised Code,detention facility to whose charge a prisoner is	1080
committed, shall, within twenty-four hours after that commitment	1081
or as soon as he is relieved from guard, report to the commanding	1082
officer of the prisoner the name of the prisoner, the offense	1083
charged against himthe prisoner, and the name of the person who	1084
ordered or authorized the commitment.	1085

Sec. 5924.13. Subject to section 5924.57 of the Revised	1086
Code, noNo person, while being held for or after trial or the	1087
result of trial, may be subjected to punishment or penalty other	1088
than arrest or confinement upon the charges pending against him,	1089
nor shall the person. The arrest or confinement imposed upon him	1090
the person shall not be any more rigorous than the circumstances	1091
require to insure histhe person's presence, but he. The person	1092
may be subjected to minor punishment during that period for	1093
infractions of discipline, and may be required to perform such	1094
labor as may be necessary for the policing and sanitation of his	1095
living quarters and messing facilities and the area immediately	1096
adjacent thereto.	1097

Sec. 5924.14.  (A) Under such regulations as may be	1098
prescribed under this code, a person on active state active duty	1099
subject to this codeor duty under Title 32 of the United States	1100
Code who is accused of an offense against civil authority may be	1101
delivered, upon request, to the civil authority for trailtrial.	1102

(B) When delivery under this section is made to any civil	1103
authority of a person undergoing sentence of a court-martial, the	1104
delivery, if followed by conviction in a civil tribunal,	1105
interrupts the execution of the sentence of the court-martial, and	1106
the offender after having answered to the civil authorities for	1107
histhe offender's offense shall, upon the request of competent	1108
military authority, be returned to military custody for the	1109
completion of histhe offender's sentence.	1110

Sec. 5924.15. (A) Under such regulations as the governor	1111
adjutant general may prescribe, and under such additional	1112
regulations as may be prescribed by the adjutant general of Ohio,	1113
limitations may be placed on the powers granted by this section	1114
with respect to the kind and amount of punishment authorized, the	1115
categories of commanding officers and warrant officers exercising	1116
command authorized to exercise those powers, the applicability of	1117
this section to an accused who demands trial by court-martial, and	1118
the kinds of courts-martial to which the case may be referred upon	1119
such a demand. However, except in the case of a member attached	1120
to, or embarked in a vessel, punishment may not be imposed upon	1121
any person subject to this code under this sectiona member of the	1122
organized militia if such personthe member has, before the	1123
imposition of suchthe punishment, demanded trial by court-martial	1124
in lieu of suchthe punishment. Under similar regulations, rules	1125
may be prescribed with respect to the suspension of punishments	1126
authorized hereunderunder this section. If authorized by	1127
regulations prescribed under this section, the governor or a	1128
general officer or officer of flag rank in command may delegate	1129
the powers of the governor or general officer under this section	1130
to a principal assistant. In all proceedings, the accused shall be	1131
allowed a reasonable period of time, normally not exceeding	1132
forty-eight hours, to reply to the notification of intent to	1133
impose punishment under this section.	1134

(B) Subject to the foregoingdivision (A) of this section,	1135
any commanding officer, and for the purposes of this section the	1136
adjutant general of Ohio, may, in addition to or in lieu of	1137
admonition or reprimand, impose one or more of the following	1138
disciplinary punishments for minor offenses without the	1139
intervention of a court-martial:	1140

(A)(1) Upon officers of the commanding officer's command, any	1141
of the following:	1142

(1)(a) Restriction to certain specified limits, with or	1143
without suspension from duty, for not more than thirty consecutive	1144
days;	1145

(2)(b) If imposed by the governor, the adjutant general, the	1146
commandingan officer of a force of the organized militia	1147
exercising general court-martial jurisdiction, a general officer,	1148
or the commanding general of a divisionflag officer, any of the	1149
following:	1150

(a)(i) Arrest in quarters for not more than thirty	1151
consecutive days;	1152

(b) Fine or forfeiture(ii) Forfeiture of not more than	1153
one-half of one month's pay per month for two months, or the suma	1154
fine of onenot more than two hundred fifty dollars, whichever is	1155
greater;	1156

(c)(iii) Restriction to certain specified limits, with or	1157
without suspension from duty, for not more than sixty consecutive	1158
days;	1159

(d) Detention of not more than one-half of one month's pay	1160
per month for three months, or the sum of two hundred twenty-five	1161
dollars, whichever is greater.	1162

(B)(2) Upon other military personnel of the commanding	1163
officer's command, any of the following:	1164

(1) If imposed upon a person attached to or embarked in a	1165
vessel, confinement on bread and water or diminished rations for	1166
not more than three consecutive days;	1167

(2)(a) Correctional custody for not more than seven	1168
consecutive days;	1169

(3) Fine or forfeiture(b) Forfeiture of not more than seven	1170
days' pay, or the sum of twenty-five dollars, whichever is greater	1171
a fine of not more than one-quarter of one month's actual pay;	1172

(4)(c) Reduction to the next inferior pay grade, if the grade	1173
from which the service member demoted is within the promotion	1174
authority of the officer imposing the reduction or any officer	1175
subordinate to the one who imposes the reduction;	1176

(5)(d) Extra duties, including fatigue or other duties, for	1177
not more than fourteen consecutive days or for a total of thirty	1178
nonconsecutive days;	1179

(6)(e) Restriction to certain specified limits, with or	1180
without suspension from duty, for not more than fourteen	1181
consecutive days;	1182

(7) Detention of not more than fourteen days' pay, or the sum	1183
of fifty dollars, whichever is greater;	1184

(8)(f) If imposed by an officer of the grade of major or	1185
lieutenant commander, or above., any of the following:	1186

(a)(i) The punishment authorized under division (B)(1)(2)(a)	1187
of this section;	1188

(b)(ii) Correctional custody for not more than thirty	1189
consecutive days;	1190

(c) Fine or forfeiture(iii) Forfeiture of not more than	1191
one-half of one month's pay per month for two months, or the sum	1192
of fifty dollars, whichever is greatera fine of not more than	1193
one-half of one month's actual pay for two months;	1194

(d)(iv) Reduction to the lowest or any intermediate pay	1195
grade, if the grade from which demoted is within the promotion	1196
authority of the officer imposing the reduction or any officer	1197
subordinate to the one who imposes the reduction, but an enlisted	1198
member in pay grade above E-4 may not be reduced more than two	1199
one pay gradesgrade;	1200

(e)(v) Extra duties, including fatigue or other duties, for	1201
not more than forty-five consecutive days, which need not be	1202
consecutive, and for not more than two hours per day;	1203

(f)(vi) Restriction to certain specified limits, with or	1204
without suspension from duty, for not more than sixty consecutive	1205
days, which need not be consecutive;	1206

(g) Detention of not more than one-half of one month's pay	1207
per month for three months, or the sum of seventy-five dollars,	1208
whichever is greater.	1209

Detention of pay shall be for a stated period of not more	1210
than one year, but if the offender's term of service expires	1211
earlier, the detention shall terminate upon that expiration. No	1212
two or more of the punishments of arrest in quarters, confinement	1213
on bread and water or diminished rations, correctional custody,	1214
extra duties, and restriction may be combined to run consecutively	1215
in the maximum amount imposable for each. Whenever any of those	1216
punishments are combined to run consecutively, there must be an	1217
apportionment. In addition, forfeiture of pay may not be combined	1218
with detention of pay without an apportionment. For the purposes	1219
of this section "correctional custody" is the physical restraint	1220
of a person during duty or nonduty hours and may include extra	1221
duties, fatigue duties, or hard labor. If practicable,	1222
correctional custody will not be served in immediate association	1223
with persons awaiting trial or held in confinement pursuant to	1224
trial by court-martial or civilian court.	1225

(C) No two or more of the punishments of arrest in quarters,	1226
correctional custody, extra duties, and restriction may be	1227
combined to run consecutively in the maximum amount imposable for	1228
each. If any of those punishments are combined to run	1229
consecutively, there must be apportionment. For the purposes of	1230
this section, "correctional custody" means the physical restraint	1231
of a person during duty or nonduty hours and may include extra	1232
duties, fatigue duties, or hard labor.	1233

(D) An officer in charge may impose upon enlisted members	1234
assigned to the unit of which the officer is in charge suchany of	1235
the punishments authorized under divisions (B)(1)(A)(2)(a) to	1236
(B)(7)(f) of this section, asthat the governor or adjutant	1237
general may specifically prescribe by regulation.	1238

(D)(E) The officer who imposes the punishment authorized in	1239
divisions (A) ordivision (B) of this section, or the officer's	1240
successor in command, may, at any time, suspend probationally any	1241
part or amount of the unexecuted punishment imposed and may	1242
suspend probationally a reduction in grade or a forfeiture or fine	1243
imposed under divisions (A) ordivision (B) of this section,	1244
whether or not executed. In addition, the officer who imposed the	1245
punishment may, at any time, remit or mitigate any part or amount	1246
of the unexecuted punishment imposed and may set aside in whole or	1247
in part the punishment, whether executed or unexecuted, and	1248
restore all rights, privileges, and property affected. The officer	1249
who imposed the punishment may also mitigate reduction in grade to	1250
forfeiture or detention of pay or a fine. When mitigating:	1251

(1) Arrestarrest in quarters to restriction;

1252

(2) Confinement on bread and water or diminished rations to	1253
correctional custody;	1254

(3) Correctional custody or confinement on bread and water or	1255
diminished rations to extra duties or restriction, or both; or	1256

(4) Extraextra duties to restriction;

1257

the, the mitigated punishment shall not be for a greater period	1258
than the punishment mitigated. When mitigating forfeiture of pay	1259
to detention of pay, the amount of the detention shall not be	1260
greater than the amount of the forfeiture. When mitigating	1261
reduction in grade to fine or forfeiture or detention of pay, the	1262
amount of the fine or forfeiture or detention shall not be greater	1263
than the amount that could have been imposed initially under this	1264
section by the officer who imposed the punishment mitigated.	1265

(E)(F) A person punished under this section who considers the	1266
punishment unjust or disproportionate to the offense may, through	1267
the proper channel, appeal to the next superior authority within	1268
seven calendar days. The appeal shall be promptly forwarded and	1269
decided, but the person punished may in the meantime be required	1270
to undergo the punishment adjudged. The superior authority may	1271
exercise the same powers with respect to the punishment imposed as	1272
may be exercised under division (D)(E) of this section by the	1273
officer who imposed the punishment. Before acting on an appeal	1274
from a punishment of:	1275

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

1276

(2) Correctional custody for more than seven days;

1277

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

1278

(4) Reduction of one or more pay grades from the fourth or a	1279
higher pay grade;	1280

(5) Extra duties for more than fourteen days;

1281

(6) Restriction for more than fourteen days; or

1282

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

1283

any of the following, the authority who is to act on the appeal	1284
shall refer the case to a judge advocate or legal officer of the	1285
Ohio organized militia for consideration and advice, and may so	1286
also refer the case upon appeal from any punishment imposed under	1287
divisions (A) or division (B) of this section:	1288

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

1289

(2) Correctional custody for more than seven days;

1290

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

1291

(4) Reduction of one or more pay grades from the fourth or a	1292
higher pay grade;	1293

(5) Extra duties for more than fourteen days.

1294

(F)(G) The imposition and enforcement of disciplinary	1295
punishment under this section for any act or omission is not a bar	1296
to trial by court-martial for a serious crime or offense growing	1297
out of the same act or omission, and not properly punishable under	1298
this section; but the. The fact that a disciplinary punishment has	1299
been enforced may be shown by the accused upon trial, and, when so	1300
shown, shall be considered in determining the measure of	1301
punishment to be adjudged in the event of a finding of guilty.	1302

(G)(H) The governor or the adjutant general may, by	1303
regulation, prescribe the form of records to be kept of	1304
proceedings under this section and may also prescribe that certain	1305
categories of those proceedings shall be in writing.	1306

(H) The punishments imposed pursuant to this section, except	1307
fine and forfeiture of pay, shall not extend beyond the	1308
termination of the duty status of the individual punished.	1309

(I) A commanding officer may delegate authority to make a	1310
reduction in pay grade under division (B)(2)(c) of this section to	1311
the commanding officer's executive officer, deputy commander, vice	1312
commander, or principal assistant.	1313

Sec. 5924.16.  (A) In the organized militia not in federal	1314
service, there are general, special, and summary courts-martial	1315
constituted like similar courts of the army and the air force.	1316
They have the jurisdiction and powers, except as to punishments,	1317
and shall follow the forms and procedures provided for those	1318
courts. General and special courts-martial are courts of record	1319
with original jurisdiction.	1320

(B) The constitutions of the three kinds of courts-martial	1321
are:	1322

(1) General courts-martial, consistingA general	1323
court-martial consists of one of the following:	1324

(A)(1) A military judge and not lessfewer than five members;	1325
or	1326

(B)(2) Only a military judge, if, before the court is	1327
assembled, the accused, knowing the identity of the military judge	1328
and after consultation with defense counsel, requests in writing a	1329
court composed only of a military judge and the military judge	1330
approves;	1331

(2) Special courts-martial, consisting.

1332

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

1333

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

1334

(B)(2) A military judge and not lessfewer than three	1335
members; or	1336

(C)(3) Only a military judge, if one has been detailed to the	1337
court, and the accused so requests in writing under the same	1338
conditions as those prescribed in division (B)(1)(b) of this	1339
section;	1340

(3) Summary courts-martial, consistingbefore the court is	1341
assembled the accused, knowing the identity of the military judge	1342
and after consultation with defense counsel, requests in writing a	1343
court composed only of a military judge and the military judge	1344
approves.	1345

(D) A summary court-martial consists of one commissioned	1346
officer in the grade of captain or above.	1347

Sec. 5924.17. Each force of the organized militiaThe Ohio	1348
national guard has court-martial jurisdiction over all persons	1349
subject to this code. The exercise of jurisdiction by one force	1350
the Ohio national guard over personnel of another forceelement of	1351
the organized militia shall be in accordance with regulations	1352
prescribed by the governoradjutant general.	1353

Sec. 5924.18. (A) Subject to section 5924.17 of the Revised	1354
Code, general courts-martial have jurisdiction to try persons	1355
subject to this code for any offense made punishable by this code	1356
and may, under suchany limitations asthat the governor may	1357
prescribe, adjudge any punishment not forbidden by this code,	1358
including the penalty of death when specifically authorized by	1359
this code. General courts-martial also have jurisdiction to try	1360
any person who by the law of war is subject to trial by a military	1361
tribunal and may adjudge any punishment permitted by the law of	1362
war. A general court-martial of the kind specified in division	1363
(B)(1)(b) of section 5924.16 of the Revised Code does not have	1364
jurisdiction to try any person for any offense for which the death	1365
penalty may be adjudged unless the case has been previously	1366
referred to trial as a noncapital caseof the following	1367
punishments:	1368

(1) A fine of not more than two thousand five hundred dollars	1369
or confinement for not more than three hundred sixty-five days;	1370

(2) Forfeiture of all pay and allowances;

1371

(3) Reprimand;

1372

(4) Dismissal and dishonorable discharge or a bad conduct	1373
discharge;	1374

(5) Reduction of a noncommissioned officer to the lowest or	1375
any intermediate rank;	1376

(6) Any combination of the foregoing punishments.

1377

(B) A general court-martial may not adjudge dismissal or	1378
dishonorable discharge unless a complete record of the proceedings	1379
and testimony is made, counsel having the qualifications	1380
prescribed under division (B) of section 5924.27 of the Revised	1381
Code is detailed to represent the accused, and a military judge is	1382
detailed to the trial.	1383

Sec. 5924.19.  Subject to section 5924.17 of the Revised	1384
Code, special courts-martial shall have jurisdiction to try	1385
persons subject to this code for any non-capital offense for which	1386
they may be punished under this code. A special court-martial may	1387
adjudge any punishment a general court-martial may adjudge, except	1388
death, dishonorable discharge, dismissal, confinement forthat a	1389
special court-martial may not impose a fine of more than six	1390
months, hard labor withoutone thousand dollars, confinement for	1391
more than three months, forfeiture of pay exceeding two-thirds pay	1392
per month, or forfeiture of pay for more than six monthsone	1393
hundred eighty days for a single offense, or dismissal or	1394
dishonorable discharge. A bad-conduct dischargespecial	1395
court-martial may not be adjudgedadjudge a bad-conduct discharge	1396
unless a complete record of the proceedings and testimony has been	1397
is made, counsel having the qualifications prescribed under	1398
division (B) of section 5924.27 of the Revised Code wasis	1399
detailed to represent the accused, and a military judge wasis	1400
detailed to the trial. In any case in which a military judge was	1401
not detailed to the trial, except when due to physical conditions	1402
or military exigencies, the convening authority shall make a	1403
written statement, to be appended to the record, stating the	1404
reason or reasons a military judge could not be detailed.	1405

Sec. 5924.20.  (A) Subject to section 5924.17 of the Revised	1406
Code, summary courts-martial have jurisdiction to try persons	1407
subject to this code, except officers and warrant officers, for	1408
any offense made punishable by this code.	1409

(B) No person with respect to whom summary courts-martial	1410
have jurisdiction may be brought to trial before a summary	1411
court-martial if hethe person objects theretoto being brought to	1412
trial before a summary court-martial. If objection to trial by	1413
summary court-martial is made by an accused, trial may be ordered	1414
by special or general court-martial, as may be appropriate.	1415

(C) Summary courts-martial may, under such limitations as the	1416
governor may prescribe, adjudge punishment of a fine not forbidden	1417
by this code, except death, dismissal, dishonorable or bad conduct	1418
discharge,exceeding five hundred dollars, confinement for not	1419
more than one month, hard labor without confinement for more than	1420
forty-five days, restriction to specified limits for more than two	1421
months, orthirty days, forfeiture of not more than two-thirds of	1422
one month's pay, and reduction to the lowest or any intermediate	1423
pay grade. For enlisted members in pay grade above E-4, summary	1424
courts-martial may not adjudge confinement or reduction except to	1425
the next inferior pay grade.	1426

Sec. 5924.21. The provisions of this code that confer	1427
jurisdiction on courts-martial do not deprive military	1428
commissions, provost courts, other military tribunals, or state or	1429
federal courts of concurrent jurisdiction with respect to	1430
offenders or offenses that by statute or by the law of war may be	1431
tried by military commissions, provost courts, other military	1432
tribunals, or state or federal courts.	1433

Sec. 5924.22.  In the organized militia not in federal	1434
service, the governor, adjutant general, assistant adjutant	1435
general for army, or assistant adjutant general for air may	1436
convene general courts-martial may be convened by the governor.	1437

Sec. 5924.23.  In the organized militia not in federal	1438
service, the commanding officer of a garrison, fort, post, camp,	1439
air base, auxiliary air base, or other place where troops are on	1440
duty, or of a division, brigade, regiment, battle group, wing,	1441
group, detached battalion, separate squadron, or other detached	1442
command,any commander authorized by regulation in the grade of	1443
colonel or a higher grade may convene special courts-martial.	1444
Special courts-martial may also be convened by superior authority.	1445
When any such officer is an accuser, the court shall be convened	1446
by superior competent authority.	1447

Sec. 5924.24. (A) In the organized militia not in federal	1448
service, the commanding officer of a garrison, fort, post, camp,	1449
air base, auxiliary air base, or other place where troops are on	1450
duty, or of a division, brigade, regiment, battle group, wing,	1451
group, detached battalion, detached squadron, detached company, or	1452
other detachment,any commander authorized by regulation in the	1453
grade of lieutenant colonel or a higher grade may convene a	1454
summary court-martial consisting of one commissioned officer. The	1455
proceedings shall be informal.	1456

(B) When only one commissioned officer is present with a	1457
command or detachment he shall be the summary court-martial of	1458
that command or detachment and shall hear and determine all	1459
summary court-martial cases brought before him. Summary	1460
courts-martial may, however, be convened in any case by superior	1461
competent authority when considered desirable by him.	1462

Sec. 5924.25.  (A) Any commissioned officer of or onin a	1463
duty with the organized militiastatus is eligible to serve on all	1464
courts-martial for the trial of any person who may lawfully be	1465
brought before such courts for trailtrial.	1466

(B) Any warrant officer of or onin a duty with the organized	1467
militiastatus is eligible to serve on general and special	1468
courts-martial for the trial of any person, other than a	1469
commissioned officer, who may lawfully be brought before such	1470
courts for trailtrial.	1471

(C)(1) Any enlisted member of the organized militia in a duty	1472
status who is not a member of the same unit as the accused is	1473
eligible to serve on general and special courts-martial for the	1474
trial of any enlisted member of the organized militia who may	1475
lawfully be brought before such courts for trial, but he shall	1476
serve as a member of a court only if, before the conclusion of a	1477
session called by the military judge under division (A) of section	1478
5924.39 of the Revised Code or, in the absence of such a session	1479
called by the military judge, before the court is assembled for	1480
the trial of the accused, the accused personally has requested in	1481
writing that enlisted members serve on it. After such a request,	1482
the accused may not be tried by a general or special	1483
court-martial, the membership of which does not include enlisted	1484
members in a number comprising at least one-third of the total	1485
membership of the court, unless eligible members cannot be	1486
obtained on account of physical conditions or military exigencies.	1487
If suchenough enlisted members cannot be obtained, the court may	1488
be assembled and trial held without them, but the convening	1489
authority shall make a detailed written statement, to be appended	1490
to the record, stating why they could not be obtained.	1491

(2) InAs used in division (C) of this section, the word	1492
"unit" means any regularly organized body of the organized militia	1493
not larger than a company, a squadron, a division of the naval	1494
militia, or a body corresponding to one of them.	1495

(D)(1) WhenIf it can be avoided, noa person subject to this	1496
code shall not be tried by a court-martial, any member of which is	1497
junior to himthe person in rank or grade.	1498

(2) When convening a court-martial, the convening authority	1499
shall detail as members thereof suchof the court-martial members	1500
asof the organized militia who, in histhe convening authority's	1501
opinion, are best qualified for the duty by reason of age,	1502
education, training, experience, length of service, and judicial	1503
temperament. No member of the organized militia is eligible to	1504
serve as a member of a general or special court-martial when heif	1505
the member of the organized militia is the accuser or a witness	1506
for the prosecution or has acted as investigating officer or as	1507
counsel in the same case. If within the command of the convening	1508
authority there is present and not otherwise disqualified a	1509
commissioned officer who is a member of the bar of the state and	1510
of appropriate rank, the convening authority shall appoint him as	1511
president of a special court-martial. Although this requirement is	1512
binding on the convening authority, failure to meet it in any case	1513
does not divest a military court of jurisdiction.	1514

Sec. 5924.26.  (A) The authority convening aA military judge	1515
shall be detailed to each general court-martial shall, and,	1516
subject to regulations promulgated by the governor, the authority	1517
convening aand special court-martial may, detail a. A military	1518
judge toshall preside over each open session of the court-martial	1519
to which the judge has been detailed.	1520

(B) A military judge shall be a commissioned officer of the	1521
organized militia who is a member in good standing of the bar of	1522
this state, or a member of the bar of a federal court, and who is	1523
certified to be qualified for such duty as a military judge by the	1524
state judge advocate.	1525

(C) The military judge of a general or special court-martial	1526
shall be designated by the state judge advocate or his designee	1527
for detail by the convening authority. Unless the court-martial	1528
was convened by the governor or the adjutant general, neither the	1529
convening authority nor histhe convening authority's staff, other	1530
than the state judge advocate or deputy state judge advocate,	1531
shall prepare or review any report concerning the effectiveness,	1532
fitness, or efficiency of the military judge so detailed which	1533
relates to hisjudge's performance of duty as a military judge. A	1534
commissioned officer who is certified as a military judge of a	1535
general court-martial may perform duties other than those relating	1536
to his being a military judge of a general court-martial when such	1537
duties are assigned to him by or with the approval of the state	1538
judge advocate or his designee.	1539

(D) No person is eligible to act as a military judge in a	1540
case if hethe person is the accuser, is a witness for the	1541
prosecution, has acted as investigating officer, or is a counsel	1542
in the same case.	1543

(E) The military judge of a court-martial may not consult	1544
with the members of the court, except in the presence of the	1545
accused, trial counsel, and defense counsel, nor may hethe	1546
military judge vote with the members of the court.	1547

(F) A trial counsel, defense counsel, military judge, legal	1548
officer, summary court officer, or any other person from any one	1549
component of the organized militia certified by the state judge	1550
advocate to perform legal functions under this code may perform	1551
those functions, as needed, for any other component of the	1552
organized militia.	1553

Sec. 5924.27.  (A) For each general and special court-martial	1554
the authority convening the courtThe state judge advocate shall	1555
detail trial counsel and, defense counsel, and such assistants as	1556
hethat the state judge advocate considers appropriate. No person	1557
who has acted as investigating officer, military judge, or court	1558
member in any case may act later as trial counsel, assistant trial	1559
counsel, or, unless expressly requested by the accused, as defense	1560
counsel, or assistant defense counsel in the same case. No person	1561
who has acted for the prosecution may act later in the same case	1562
for the defense, nor may any person who has acted for the defense	1563
act later in the same case for the prosecution.	1564

(B) Trial counsel or defense counsel detailed for a general	1565
court-martial must be both of the following:	1566

(1) Must be a person who is aA member in good standing of	1567
the bar of the highest court of this state, or a member of the bar	1568
of a federal court, or a law specialist; and	1569

(2) Must be certifiedCertified as competent to perform such	1570
the duties of trial counsel or defense counsel in a general	1571
court-martial by the state judge advocate.	1572

(C) In the case of a special court-martial, the accused shall	1573
be afforded the opportunity to be represented at the trial by	1574
counsel having the qualifications prescribed by division (B) of	1575
this section. If counsel having such qualifications cannot be	1576
obtained because of physical conditions or military exigencies,	1577
the court may be convened and the trial held, but the convening	1578
authority shall make a detailed written statement explaining the	1579
reasons, which shall be appended to the record.	1580

Sec. 5924.28.  Under such regulations as the governor	1581
adjutant general may prescribe, the convening authority of a	1582
general or special court-martial or court of inquiry shall detail	1583
or employ qualified court reporters, who shall record the	1584
proceedings of and testimony taken before that court. Under like	1585
regulations the convening authority of a military court, and may	1586
detail or employ interpreters, who shall interpret for the court.	1587

Sec. 5924.29.  (A) No member of a general or special	1588
court-martial shall be absent or excused after the court has been	1589
assembled for the trial of the accused except for physical	1590
disability, as a result of a challenge, or by order of the	1591
convening authority for good cause.	1592

(B) Whenever a general court-martial, other than a general	1593
court-martial composed of a military judge only, is reduced below	1594
five members, the trial may not proceed unless the convening	1595
authority details new members sufficient in number to provide not	1596
lessfewer than five members. When the new members have been	1597
sworn, the trial may proceed with the new members present after	1598
the recorded evidence previously introduced before the members of	1599
the court has been read to the court in the presence of the	1600
military judge, the accused, and counsel for both sides.	1601

(C) Whenever a special court-martial, other than a special	1602
court-martial composed of a military judge only, is reduced below	1603
three members, the trial may not proceed unless the convening	1604
authority details new members sufficient in number to provide not	1605
lessfewer than three members. When the new members have been	1606
sworn, the trial shall proceed with the new members present as if	1607
no evidence had previously been introduced at the trial, unless a	1608
verbatim record of the evidence previously introduced before the	1609
members of the court or a stipulation thereof is read to the court	1610
in the presence of the military judge, if any, the accused, and	1611
counsel for both sides.	1612

(D) If the military judge of a court-martial composed of a	1613
military judge only is unable to proceed with the trial because of	1614
physical disability, as a result of a challenge, or for other good	1615
cause, the trial shall proceed, subject to any applicable	1616
conditions of division (B)(1)(b) or division (B)(2)(c) of section	1617
5924.16 of the Revised Code, after the detail of a new military	1618
judge as if no evidence had previously been introduced, unless a	1619
verbatim record of the evidence previously introduced or a	1620
stipulation thereof is read in court in the presence of the new	1621
military judge, the accused, and counsel for both sides.	1622

Sec. 5924.30.  (A) Charges and specifications shall be signed	1623
by a person subject to this code under oath before a person	1624
commissioned officer of the organized militia authorized by this	1625
code to administer oaths and shall state both of the following:	1626

(1) That the signer has personal knowledge of, or has	1627
investigated, the matters set forth thereinin the charges and	1628
specifications; and	1629

(2) That theythose matters are true in fact to the best of	1630
histhe person's knowledge and belief.	1631

(B) Upon the preferring of charges, the proper authority	1632
shall take immediate steps to determine whatthe disposition that	1633
should be made thereofof the charges in the interest of justice	1634
and discipline, and the person accused shall be informed of the	1635
charges against him as soon as practicable.	1636

Sec. 5924.31.  (A) No person subject to this code may compel	1637
any other person to incriminate himselfthe other person or to	1638
answer any question, the answer to which may tend to incriminate	1639
himthe other person.	1640

(B) No person subject to this code may interrogate, or	1641
request any statement from an accused or a person suspected of an	1642
offense, without first informing himthe accused or person	1643
suspected of the nature of the accusation and advising himthe	1644
accused or person suspected that hethe accused or person	1645
suspected does not have to make any statement regarding the	1646
offense of which hethe accused or person suspected is accused or	1647
suspected and that any statement made by himthe accused or person	1648
suspected may be used as evidence against himthe accused or	1649
person suspected in a trial by court-martial.	1650

(C) No person subject to this code may compel any other	1651
person to make a statement or produce evidence before any military	1652
tribunalcourt-martial if the statement or evidence is not	1653
material to the issue and may tend to degrade himthe other	1654
person.	1655

(D) No statement obtained from any person in violation of	1656
this section, or through the use of coercion, unlawful influence,	1657
or unlawful inducement may be received in evidence against himthe	1658
person in a trial by court-martial.	1659

Sec. 5924.32.  (A) No charge or specification may be referred	1660
to a general court-martial for trial until a thorough and	1661
impartial investigation of all the matters set forth thereinin	1662
the charge or specification has been made. This investigation	1663
shall include inquiry as to the truth of the matter set forth in	1664
the charges, consideration of the form of charges, and a	1665
recommendation as to the disposition whichthat should be made of	1666
the case in the interest of justice and discipline.	1667

(B) The accused shall be advised of the charges against him	1668
the accused and of histhe accused's right to be represented at	1669
that investigation by counsel. Upon histhe accused's own request	1670
he, the accused shall be represented by civilian counsel if	1671
provided by himthe accused at the accused's own cost, or by	1672
military counsel of histhe accused's own selection if such	1673
counsel is reasonably available, or by counsel detailed by the	1674
officer exercising general court-martial jurisdiction over the	1675
command. At that investigation full opportunity shall be given to	1676
the accused to cross-examine witnesses against himthe accused if	1677
they are available and to present anything hethe accused may	1678
desire in histhe accused's own behalf, either in defense or	1679
mitigation, and the investigating officer shall examine reasonably	1680
available witnesses requested by the accused. If the charges are	1681
forwarded after the investigation, they shall be accompanied by a	1682
statement of the substance of the testimony taken on both sides,	1683
and a copy thereofof that statement shall be given to the	1684
accused.	1685

(C) If an investigation of the subject matter of an offense	1686
has been conducted before the accused is charged with the offense,	1687
and if the accused was present at the investigation and afforded	1688
the opportunities for representation, cross-examination, and	1689
presentation prescribed in division (B) of this section, no	1690
further investigation of that charge is necessary under this	1691
section unless it is demanded by the accused after hethe accused	1692
is informed of the charge. A demand for further investigation	1693
entitles the accused to recall witnesses for further	1694
cross-examination and to offer any new evidence in histhe	1695
accused's own behalf.	1696

(D) The requirements of this section are binding on all	1697
persons administering this code but failure to follow them does	1698
not divest a military court of jurisdiction.	1699

Sec. 5924.33.  When a person is held for trial by general	1700
court-martial, the commanding officer shall, within eight daysnot	1701
later than the eighth day after the accused is ordered into arrest	1702
or confinement, if practicable, forward the charges, together with	1703
the investigation and allied papers, to the governorgeneral	1704
court-martial convening authority. If that is not practicable, he	1705
the commanding officer shall report in writing to the governor	1706
convening authority the reasons for delay.	1707

Sec. 5924.34.  (A) Before directing the trial of any charge	1709
by general court-martial, the convening authority shall refer it	1710
to the stateconvening authority's staff judge advocate or legal	1711
officer for consideration and advice. The convening authority may	1712
not refer a charge to a general court-martial for trial unless he	1713
the convening authority has found that the charge alleges an	1714
offense under this code and is warranted by evidence indicated in	1715
the report of the investigation.	1716

(B) If the charges or specifications are not formally correct	1717
or do not conform to the substance of the evidence contained in	1718
the report of the investigating officer, formal corrections and	1719
such changes in the charges and specifications as are needed to	1720
make them conform to the evidence may be made.	1721

Sec. 5924.35.  The trial counsel to whom court-martial	1722
charges are referred for trial shall cause to be served upon the	1723
accused a copy of the charges upon which trial is to be had. In	1724
Except in time of peacedeclared war, no person may, against his	1725
the person's objection, be brought to trial or be required to	1726
participate by himselfalone or with counsel in a session called	1727
by the military judge under division (A) of section 5924.39 of the	1728
Revised Code, in a general or special court-martial case within a	1729
period of five daystwenty-four hours after the service of charges	1730
upon him, or in a special court-martial within a period of three	1731
days after the service of the charges upon himthe person.	1732

Sec. 5924.36.  The procedure, including modes of proof, in	1733
cases before military courts and other military tribunals may be	1734
prescribed by the governoradjutant general by regulations, which	1735
that shall, so far as hethe adjutant general considers	1736
practicable, apply the principles of law and the rules of evidence	1737
generally recognized in the trial of criminal cases in the courts	1738
of thethis state, but whichthat may not be contrary to or	1739
inconsistent with this code.	1740

Sec. 5924.37.  (A) No authority convening a general, special,	1741
or summary court-martial, nor any other commanding officer, or	1742
officer serving on the staff thereof,of a convening authority or	1743
other commanding officer may censure, reprimand, or admonish the	1744
court or any member, military judge, or counsel thereofof the	1745
court, with respect to the findings or sentence adjudged by the	1746
court, or with respect to any other exercise of its or histhe	1747
member's, military judge's, or counsel's functions in the conduct	1748
of the proceeding. No person subject to this code may attempt to	1749
coerce or, by any unauthorized means, influence the action of the	1750
court-martial or any other military tribunal or any member thereof	1751
of the court-martial or military tribunal in reaching the findings	1752
or sentence in any case, or the action of any convening,	1753
approving, or reviewing authority with respect to histhe	1754
authority's judicial acts. This division does not apply to:	1755

(1) General instructional or informational courses in	1756
military justice, if such courses are designed solely for the	1757
purpose of instructing members of a command in the substantive and	1758
procedural aspects of courts-martial;	1759

(2) Statements and instructions given in open court by the	1760
military judge, the president of a special court-martial, or	1761
counsel.	1762

(B) In the preparation of an effectiveness,a fitness, or	1763
efficiencyevaluation, or performance report, or any other report	1764
or document used in whole or in part for the purpose of	1765
determining whether a member of the organized militia is qualified	1766
to be advanced in grade, or in determining the assignment or	1767
transfer of a member of the organized militia, or in determining	1768
whether a member of the organized militia should be retained in an	1769
active statuson duty, no person subject to this code may, in	1770
preparing any such reportdo either of the following:	1771

(1) Consider or evaluate the performance of duty of any such	1772
the member as a member of a court-martial;	1773

(2) Give a less favorable rating or evaluation of any member	1774
of the organized militia because of the zeal with which suchthe	1775
member, as counsel, represented any accused before a	1776
court-martial.	1777

Sec. 5924.38.  (A) The trial counsel of a general or special	1778
court-martial shall prosecute in the name of the state, and shall,	1779
under the direction of the court, prepare the record of the	1780
proceedings.	1781

(B) The accused has the right to be represented in histhe	1782
accused's defense before a general or special court-martial by	1783
civilian counsel if provided by himthe accused at the accused's	1784
own cost, or by military counsel of histhe accused's own	1785
selection if reasonably available, or by thedetailed military	1786
defense counsel detailed under section 5924.27 of the Revised	1787
Code. Should the accused have civilian counsel of histhe	1788
accused's own selection, the defense counsel, and any assistant	1789
defense counsel, if any, who were detailed, shall, if the accused	1790
so desires, act as histhe accused's associate counsel; otherwise	1791
they shall be excused by the military judge or by the president of	1792
a court-martial without a military judge.	1793

(C) In every court-martial proceeding, the defense counsel	1794
may, in the event of conviction, forward for attachment to the	1795
record of proceedings a brief of such matters as hethe defense	1796
counsel feels should be considered in behalf of the accused on	1797
review, including any objection to the contents of the record	1798
which hethe defense counsel considers appropriate.	1799

(D) An assistant trial counsel of a general court-martial	1800
may, under the direction of the trial counsel or when hethe	1801
assistant trial counsel is qualified to be a trial counsel as	1802
required by section 5924.27 of the Revised Code, perform any duty	1803
imposed by law, regulation, or the custom of the service upon the	1804
trial counsel of the court. An assistant trial counsel of a	1805
special court-martial may perform any duty of the trial counsel.	1806

(E) An assistant defense counsel of a general or special	1807
court-martial may, under the direction of the defense counsel or	1808
when hethe assistant defense counsel is qualified to be the	1809
defense counsel as required by section 5924.27 of the Revised	1810
Code, perform any duty imposed by law, regulation, or the custom	1811
of the service upon counsel for the accused.	1812

Sec. 5924.39.  (A) At any time after the service of charges	1813
whichthat have been referred for trial to a court-martial	1814
composed of a military judge and members, the military judge may,	1815
subject to section 5924.35 of the Revised Code, call the court	1816
into session without the presence of the members for the following	1817
purposes:	1818

(1) Hearing and determining motions raising defenses or	1819
objections whichthat are capable of determination without trial	1820
of the issues raised by a plea of not guilty;	1821

(2) Hearing and ruling upon any matter whichthat may be	1822
ruled upon by the military judge under this code, whether or not	1823
the matter is appropriate for later consideration or decision by	1824
the members of the court;	1825

(3) If permitted by regulations prescribed by the governor,	1826
holding the arraignment and receiving the pleas of the accused;	1827

(4) Performing any other procedural function whichthat may	1828
be performed by the military judge under this code or under rules	1829
regulations prescribed pursuant to section 5924.36 of the Revised	1830
Code and whichthat does not require the presence of the members	1831
of the court.	1832

These proceedings shall be conducted in the presence of the	1833
accused, the defense counsel, and the trial counsel, and shall be	1834
made a part of the record.	1835

(B) When the members of a court-martial deliberate or vote,	1836
only the members may be present. All other proceedings, including	1837
any other consultation of the members of the court with counsel or	1838
the military judge, shall be made a part of the record and shall	1839
be in the presence of the accused, the defense counsel, the trial	1840
counsel, and, in cases in which a military judge has been detailed	1841
to the court, the military judge.	1842

Sec. 5924.41.  (A) The military judge and members of a	1843
general or special court-martial may be challenged by the accused	1844
or the trial counsel for cause stated to the court. The military	1845
judge or, if none, the court, shall determine the relevancy and	1846
validity of challenges for cause, and may not receive a challenge	1847
to more than one person at a time. Challenges by the trial counsel	1848
shall ordinarily be presented and decided before those by the	1849
accused are offered.	1850

(B) Each accused and the trial counsel is entitled to one	1851
peremptory challenge, but the military judge may not be challengd	1852
challenged except for cause.	1853

(C) If the exercise of a peremptory challenge reduces the	1854
number of members of a court-martial below the minimum required	1855
under section 5924.16 of the Revised Code, any remaining	1856
peremptory challenges shall be exercised or waived before	1857
additional members are detailed.	1858

(D) Additional members detailed to a court-martial may be	1859
challenged for cause as provided in division (A) of this section.	1860
After challenges for cause against the additional members are	1861
presented and decided, each accused and trial counsel is entitled	1862
to one peremptory challenge against members not previously	1863
challenged peremptorily.	1864

Sec. 5924.42.  (A) Before performing their respective duties,	1865
military judges, interpreters, members of general and special	1866
courts-martial, the trial counsel, the assistant trial counsel,	1867
the defense counsel, the assistant defense counsel, and reporters	1868
shall take an oath or affirmation to perform their duties	1869
faithfully. The form of the oath or affirmation, the time and	1870
place of the taking thereof, the manner of recording, and whether	1871
the oath shall be taken for all cases in which these duties are to	1872
be performed or for a particular case, shall be as prescribed in	1873
regulations promulgated by the governor. These regulations may	1874
provide that an oath or affirmation to faithfully perform duties	1875
as a military judge, trial counsel, assistant trial counsel,	1876
defense counsel, or assistant defense counsel may be taken at any	1877
time by any judge advocate, law specialist, or other person	1878
certified to be qualified or competent for the duty, and if such	1879
oath is taken it need not again be taken at the time the judge	1880
advocate, law specialist, or other person is detailed to that duty	1881
in the presence of the accused and shall be substantially as	1882
follows:	1883

(1) For a member of the court:

1884

"You, .........., do swear (or affirm) that you will	1885
faithfully perform all the duties incumbent upon you as a member	1886
of this court; that you will faithfully and impartially try,	1887
according to the evidence, your conscience, and the laws and	1888
regulations provided for trials by courts-martial, the case of	1889
(the) (each) accused now before this court; and that if any doubt	1890
should arise not explained by the laws and regulations, then	1891
according to the best of your understanding and the customs of the	1892
service in like cases; that you will not divulge the findings or	1893
sentence in any case until they shall have been duly announced by	1894
the court; and that you will not disclose or discover the vote or	1895
opinion of any particular member of the court upon a challenge or	1896
upon the findings or sentence unless required to do so before a	1897
court of justice in due course of law. So help you God (or under	1898
penalty of perjury)."	1899

(2) For a military judge:

1900

"You, .........., do swear (or affirm) that you will	1901
faithfully and impartially perform, according to your conscience	1902
and the laws and regulations provided for trials by	1903
courts-martial, all the duties incumbent upon you as military	1904
judge of this court; that if any doubt should arise not explained	1905
by the laws and regulations, then according to the best of your	1906
understanding and the customs of the service in like cases; and	1907
that you will not divulge the findings or sentence in any case	1908
until they shall have been duly announced by the court. So help	1909
you God (or under penalty of perjury)."	1910

(3) For trial counsel and assistant trial counsel:

1911

"You, .........., do swear (or affirm) that you will	1912
faithfully perform the duties of trial counsel and will not	1913
divulge the findings or sentence of the court to any but the	1914
proper authority until they shall be duly disclosed. So help you	1915
God (or under penalty of perjury)."	1916

(4) For defense counsel and assistant defense counsel:

1917

"You, .........., do swear (or affirm) that you will	1918
faithfully perform the duties of defense counsel and will not	1919
divulge the findings or sentence of the court to any but the	1920
proper authority until they shall be duly disclosed. So help you	1921
God (or under penalty of perjury)."	1922

(5) For a reporter or interpreter:

1923

"You, ..........., do swear (or affirm) that you will	1924
faithfully perform the duties of reporter (or interpreter) to this	1925
court. So help you God (or under penalty of perjury)."	1926

(B) Each witness before a military courtcourt-martial shall	1927
be examined on oath or affirmation. The presiding officer shall	1928
administer an oath or affirmation in substantially the following	1929
form:	1930

"You, .........., do swear (or affirm) that the evidence you	1931
shall give in the case now in hearing shall be the truth, the	1932
whole truth, and nothing but the truth. So help you God (or under	1933
penalty of perjury)."	1934

Sec. 5924.43.  (A) A person charged with desertion or absence	1935
without leave in time of war, or with aiding the enemy or with	1936
mutiny, or with murder, may be tried and punished at any time	1937
without limitation.	1938

(B) Except as otherwise provided in this section, a person	1939
charged with desertion in time of peace or any of the offenses	1940
punishable under sections 5924.119 to 5924.132 of the Revised	1941
Code, is not liable to be tried by court-martial if the offense	1942
was committed more than three years before the receipt of sworn	1943
charges and specifications by an officer exercising summary	1944
court-martial jurisdiction over the command.	1945

(C) Except as otherwise provided in this section, a person	1946
charged with anyan offense punishable under this code is not	1947
liable to be tried by court-martial or punished under section	1948
5924.15 of the Revised Code if the offense was committed more than	1949
twofour years before the receipt of sworn charges and	1950
specifications by an officer exercising summary court-martial	1951
jurisdiction over the command or before the imposition of	1952
punishment under section 5924.15 of the Revised Code.	1953

(D)(B) Periods in which the accused was absent from territory	1954
in which the state has the authority to apprehend him, oris in	1955
the custody of civil authorities, or in the hands of the enemy,	1956
shall be excluded in computing the period of limitation prescribed	1957
in this section.	1958

Sec. 5924.44.  (A) No person may, without his consent, be	1959
tried a second time in any military or civil courtcourt-martial	1960
of thethis state for the same offense.	1961

(B) No proceeding in which an accused has been found guilty	1962
by a court-martial upon any charge or specification is a trial in	1963
the sensefor purposes of this section until the finding of guilty	1964
has become final after review of the case has been fully	1965
completed.	1966

(C) A proceeding whichthat, after the introduction of	1967
evidence but before a finding, is dismissed or terminated by the	1968
convening authority or on motion of the prosecution for failure	1969
want of available evidence or witnesses without any fault of the	1970
accused is a trial in the sensefor purposes of this section.	1971

Sec. 5924.45.  (A) If anAn accused after arraignment makes	1972
an irregular pleading, or after a plea of guilty sets up matter	1973
inconsistent with the plea, or if it appears that he has entered	1974
the plea of guilty improvidently or through lack of understanding	1975
of its meaning and effect, or if he fails or refuses tomay plead,	1976
a plea of not guilty shall be entered in the record, and the court	1977
shall proceed as though he had pleaded not guilty.	1978

(B) A plea of guilty by the accused may not be accepted to	1979
any charge or specification alleging an offense for which the	1980
death penalty may be adjudged. If a plea of guilty has been	1981
accepted by the military judge or by a court-martial without a	1982
military judge, a finding of guilty, if permitted by regulations	1983
promulgated by the governor, shall be entered immediately without	1984
vote and shall constitute the finding of the court. If the plea of	1985
guilty is withdrawn prior to announcement of the sentence, the	1986
proceedings shall continue as though the accused had pleaded, not	1987
guilty by reason of insanity, guilty, or, with the consent of the	1988
court, no contest. A plea of not guilty by reason of insanity	1989
shall be made in writing by either the accused or the accused's	1990
attorney. All other pleas may be made orally. The pleas of not	1991
guilty and not guilty by reason of insanity may be joined.	1992

(B) If an accused refuses to plead, the court shall enter a	1993
plea of not guilty on behalf of the accused.	1994

(C) Before accepting a plea of guilty, the military judge	1995
shall address the accused personally and inform the accused of,	1996
and determine that the accused understands, all of the following:	1997

(1) The nature of the offense to which the plea is offered	1998
and the maximum possible penalty provided by law;	1999

(2) In a general or special court-martial, if the accused is	2000
not represented by counsel, that the accused has the right to be	2001
represented by counsel at every stage of the proceedings;	2002

(3) That the accused has the right to plead not guilty or to	2003
persist in that plea if already made, that the accused has the	2004
right to be tried by a court-martial, and that at trial the	2005
accused has the right to confront and cross-examine witnesses	2006
against the accused and the right against self-incrimination.	2007

(4) That if the accused pleads guilty, there will not be a	2008
trial of any kind as to those offenses to which the accused has so	2009
pleaded and that by pleading guilty the accused waives the rights	2010
described in division (C)(3) of this section;	2011

(5) That, if the accused pleads guilty, the military judge	2012
will question the accused about the offenses to which the accused	2013
has pleaded guilty, and that, if the accused answers the questions	2014
under oath, on the record, and in the presence of counsel, the	2015
accused's answers may later be used against the accused in a	2016
prosecution for perjury or false statement.	2017

(D) The military judge shall not accept a plea of guilty	2018
without first addressing the accused personally and determining	2019
that the plea is voluntary and not the result of fear, threats, or	2020
promises. The military judge shall also inquire as to whether the	2021
accused's willingness to plead guilty results from prior	2022
discussions between the convening authority, a representative of	2023
the convening authority, or trial counsel and the accused or	2024
defense counsel.	2025

(E) The military judge shall not accept a plea of guilty	2026
without making an inquiry of the accused that satisfies the	2027
military judge that there is a factual basis for the plea. The	2028
accused shall be questioned under oath about the offenses charged.	2029

(F) When a negotiated plea of guilty or no contest to one or	2030
more offenses charged or to one or more other or lesser offenses	2031
is offered, the underlying agreement upon which the plea is based	2032
shall be stated on the record in open court.	2033

(G) If the court refuses to accept a plea of guilty or no	2034
contest, the court shall enter a plea of not guilty on behalf of	2035
the accused, and neither plea shall be admissible in evidence or	2036
be the subject of comment by the trial counsel or court.	2037

(H) The defense of not guilty by reason of insanity must be	2038
pleaded at the time of arraignment, except that the court for good	2039
cause shown shall permit a plea of not guilty by reason of	2040
insanity to be entered at any time before trial.	2041

(I) A motion to withdraw a plea of guilty or no contest may	2042
be made only before sentence is imposed, but to correct manifest	2043
injustice the court after sentence may set aside the judgment of	2044
conviction and permit the accused to withdraw the plea.	2045

(J) An accused who is found guilty after pleading guilty	2046
waives any objection, whether or not previously raised, relating	2047
to the factual issue of guilt of the offense to which the plea was	2048
made.	2049

Sec. 5924.46.  (A) The trial counsel, the defense counsel,	2050
and the court-martial shall have equal opportunity to obtain	2051
witnesses and other evidence in accordance with such regulations	2052
as the governoradjutant general may prescribe.	2053

(B) The president of a court-martial or a summary court	2054
officer may:	2055

(1) Issue a warrant for the arrest of any accused person who,	2056
having been served with a warrant and a copy of the charges,	2057
disobeys a written order by the convening authority to appear	2058
before the court;	2059

(2) Issue subpoenas duces tecum and other subpoenas;

2060

(3) Enforce by attachment the attendance of witnesses and the	2061
production of books and papers; and	2062

(4) Sentence for refusal to be sworn or to answer, as	2063
provided in actions before civil courts of the state.	2064

(C) Process issued in court-martial cases to compel witnesses	2065
to appear and testify and to compel the production of other	2066
evidence shall be substantially similar to process that may be	2067
issued by the courts of this state in criminal cases and shall run	2068
to any part of the state.	2069

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

2070

(1) Hashas been duly subpoenaed to appear as a witness or to	2071
produce books and records before a military court or before any	2072
military or civil officer designated to take a deposition to be	2073
read in evidence before such a military court;	2074

(2) Hasor has been duly paid or tendered the fees and	2075
mileage of a witness at the rates provided for under section	2076
119.094 of the Revised Code; and	2077

(3) Willfullywho willfully neglects or refuses to appear, or	2078
refuses to qualify as a witness or to testify or to produce any	2079
evidence which that the person may have been legally subpoenaed	2080
to produce; is guilty of an offense against the state and, may be	2081
punished for contempt in the same manner as if committed before	2082
civil courts of the stateprovided for in Chapter 2705. of the	2083
Revised Code.	2084

Sec. 5924.48.  A military court, in the manner provided for	2085
in Chapter 2705. of the Revised Code, may punish for contempt any	2086
person who uses any menacing word, sign, or gesture in its	2087
presence, or who disturbs its proceedings by any riot or disorder.	2088
The punishment may not exceed confinement for thirty days or a	2089
fine of one hundred dollars, or bothis guilty of any act	2090
described in section 2705.02 of the Revised Code.	2091

Sec. 5924.49. (A) At any time after charges have been signed	2092
as provided in section 5924.30 of the Revised Code, any party may	2093
take oral or written depositions unless the military judge or	2094
court-martial without a military judge hearing the case or, if the	2095
case is not being heard, an authority competent to convene a	2096
court-martial for the trial of those charges forbids it for good	2097
cause. If a deposition is to be taken before charges are referred	2098
for trial, such an authority may designate commissioned officers	2099
to represent the prosecution and the defense and may authorize	2100
those officers to take the deposition of any witness.	2101

(B) The party at whose instance a deposition is to be taken	2102
shall give to every other party reasonable written notice of the	2103
time and place for taking the deposition.	2104

(C) Depositions may be taken before and authenticated by any	2105
military or civil officer authorized by the laws of the state or	2106
by the laws of the place where the deposition is taken to	2107
administer oaths.	2108

(D) A duly authenticated deposition, taken upon reasonable	2109
notice to the other parties, so far as otherwise admissible under	2110
the rules of evidence, may be read in evidence before any	2111
court-martial or in any proceeding before a court of inquiry, if	2112
it appears:	2113

(1) That the witness resides or is beyond the state in which	2114
the court-martial or court of inquiry is ordered to sit, or beyond	2115
the distance of one hundred miles from the place of trial or	2116
hearing;	2117

(2) That the witness by reason of death, age, sickness,	2118
bodily infirmity, imprisonment, military necessity, nonamenability	2119
to process, or other reasonable cause, is unable or refused to	2120
appear and testify in person at the place of trial or hearing;	2121

(3) That the present whereabouts of the witness is unknown;	2122
or	2123

(4) That the deposition was taken in the physical presence of	2124
the accusedin the manner and for the purposes provided in the	2125
Ohio Rules of Criminal Procedure.	2126

Sec. 5924.50.  (A) In any case not capital and not extending	2127
to the dismissal of a commissioned officer, the sworn testimony,	2128
contained in the duly authenticated record of proceedings of a	2129
courtboard of inquiry,officers of a person whose oral testimony	2130
cannot be obtained, may, if otherwise admissible under the rules	2131
of evidence, be read in evidence by any party before a	2132
court-martial if the accused was a party before the courtboard of	2133
inquiryofficers and if the same issue was involved or if the	2134
accused consents to the introduction of such evidence, and if the	2135
accused was physically present when the testimony was taken.	2136

(B) Such testimony may be read in evidence only by the	2137
defense in cases extending to the dismissal of a commissioned	2138
officer.	2139

(C) Such testimony may also be read in evidence before a	2140
court of inquiry or a military board of officers.	2141

Sec. 5924.501.  (A) In an action under this code, the	2142
military judge, trial counsel, defense counsel, or civilian	2143
counsel may raise the issue of the accused's competence to stand	2144
trial. If the issue is raised before the trial has commenced, the	2145
court shall hold a hearing on the issue as provided in this	2146
section. If the issue is raised after the trial has commenced, the	2147
court shall hold a hearing on the issue only for good cause shown	2148
or on the court's own motion.	2149

(B) The court shall conduct the hearing required or	2150
authorized under division (A) of this section within thirty days	2151
after the issue is raised unless the accused has been referred for	2152
evaluation in which case the court shall conduct the hearing	2153
within ten days after the filing of the report of the evaluation.	2154
A hearing may be continued for good cause.	2155

(C) The accused shall be represented by counsel at the	2156
hearing conducted under division (B) of this section.	2157

(D) The trial counsel and defense counsel may submit evidence	2158
on the issue of the accused's competence to stand trial. A written	2159
report of the evaluation of the accused may be admitted into	2160
evidence at the hearing by stipulation, but, if either the	2161
government or defense objects to its admission, the report may be	2162
admitted under seal of court in camera to the military judge.	2163

(E) The court shall not find an accused incompetent to stand	2164
trial solely because the accused is receiving or has received	2165
treatment as a voluntary or involuntary mentally ill patient under	2166
Chapter 5122. of the Revised Code or because the accused is	2167
receiving or has received psychotropic drugs or other medication,	2168
even if the accused might become incompetent to stand trial	2169
without the drugs or medication.	2170

(F) An accused is presumed to be competent to stand trial.	2171
If, after a hearing, the court finds by a preponderance of the	2172
evidence that, because of the accused's present mental condition,	2173
the accused is incapable of understanding the nature and objective	2174
of the proceedings against the accused or of assisting in the	2175
accused's defense, the court shall find the accused incompetent to	2176
stand trial and shall enter an order authorized by section	2177
5924.503 of the Revised Code.	2178

Sec. 5924.502.  (A) If the issue of an accused's competence	2179
to stand trial is raised or if an accused enters a plea of not	2180
guilty by reason of insanity, the court may order one or more	2181
evaluations of the accused's present mental condition or, in the	2182
case of a plea of not guilty by reason of insanity, of the	2183
accused's mental condition at the time of the offense charged. An	2184
examiner shall conduct the evaluation.	2185

(B) If the court orders more than one evaluation under	2186
division (A) of this section, the trial counsel and the defense	2187
counsel may recommend to the court an examiner whom each prefers	2188
to perform one of the evaluations. If an accused enters a plea of	2189
not guilty by reason of insanity and if the court does not	2190
designate an examiner recommended by the defense counsel, the	2191
court shall inform the accused that the accused may have	2192
independent expert evaluation and that it will be obtained for the	2193
accused at public expense.	2194

(C) If the court orders an evaluation under division (A) of	2195
this section, the accused shall be available at the times and	2196
places established by the examiners who are to conduct the	2197
evaluation. The court may order an accused who is not being held	2198
in pretrial confinement to submit to an evaluation under this	2199
section. If an accused who is not being held in pretrial	2200
confinement refuses to submit to a complete evaluation, the court	2201
may order the sheriff to take the accused into custody and deliver	2202
the accused to a center, program, or facility operated or	2203
certified by the department of mental health where the accused may	2204
be held for evaluation for a reasonable period of time not to	2205
exceed twenty days.	2206

(D) An accused who is being held in pretrial confinement may	2207
be evaluated at the accused's place of detention. Upon the request	2208
of the examiner, the court may order the sheriff to transport the	2209
accused to a program or facility operated or certified by the	2210
department of mental health, where the accused may be held for	2211
evaluation for a reasonable period of time not to exceed twenty	2212
days, and to return the accused to the place of detention after	2213
the evaluation.	2214

(E) If a court orders the evaluation to determine an	2215
accused's mental condition at the time of the offense charged, the	2216
court shall inform the examiner of the offense with which the	2217
accused is charged.	2218

(F) In conducting an evaluation of an accused's mental	2219
condition at the time of the offense charged, the examiner shall	2220
consider all relevant evidence. If the offense charged involves	2221
the use of force against another person, the relevant evidence to	2222
be considered includes, but is not limited to, any evidence that	2223
the accused suffered at the time of the commission of the offense	2224
from the "battered woman syndrome."	2225

(G) The examiner shall file a written report with the court	2226
within thirty days after entry of a court order for evaluation,	2227
and the court shall provide copies of the report to the trial	2228
counsel and defense counsel. The report shall include all of the	2229
following:	2230

(1) The examiner's findings;

2231

(2) The facts in reasonable detail on which the findings are	2232
based;	2233

(3) If the evaluation was ordered to determine the accused's	2234
competence to stand trial, all of the following findings or	2235
recommendations that are applicable:	2236

(a) Whether the accused is capable of understanding the	2237
nature and objective of the proceedings against the accused or of	2238
assisting in the accused's defense;	2239

(b) If the examiner's opinion is that the accused is	2240
incapable of understanding the nature and objective of the	2241
proceedings against the accused or of assisting in the accused's	2242
defense, whether the accused presently is mentally ill;	2243

(c) If the examiner's opinion is that the accused is	2244
incapable of understanding the nature and objective of the	2245
proceedings against the accused or of assisting in the accused's	2246
defense, the examiner's opinion as to the likelihood of the	2247
accused becoming capable of understanding the nature and objective	2248
of the proceedings against the accused and of assisting in the	2249
accused's defense within one year if the accused is provided with	2250
a course of treatment;	2251

(d) If the examiner's opinion is that the accused is	2252
incapable of understanding the nature and objective of the	2253
proceedings against the accused or of assisting in the accused's	2254
defense and that the accused presently is mentally ill, the	2255
examiner's recommendation as to the least restrictive placement or	2256
commitment alternative, consistent with the accused's treatment	2257
needs for restoration to competency and with the safety of the	2258
community;	2259

(e) If the accused is charged before a special or summary	2260
court-martial with an offense that is not a violation of section	2261
5924.120, 5924.127, or 5924.128 of the Revised Code and the	2262
examiner's opinion is that the accused is incapable of	2263
understanding the nature and objective of the proceedings against	2264
the accused or of assisting in the accused's defense and that the	2265
accused is presently mentally ill, the examiner's recommendation	2266
as to whether the accused is amenable to engagement in mental	2267
health treatment.	2268

(4) If the evaluation was ordered to determine the accused's	2269
mental condition at the time of the offense charged, the	2270
examiner's findings as to whether the accused at the time of the	2271
offense charged did not know, as a result of a severe mental	2272
disease or defect, the wrongfulness of the accused's acts charged.	2273

(H) An examiner appointed under divisions (A) and (B) of this	2274
section to evaluate an accused to determine the accused's	2275
competence to stand trial also may be appointed to evaluate an	2276
accused who has entered a plea of not guilty by reason of	2277
insanity, but an examiner of that nature shall prepare separate	2278
reports on the issue of competence to stand trial and the defense	2279
of not guilty by reason of insanity.	2280

(I) No statement that an accused makes in an evaluation or	2281
hearing under divisions (A) to (H) of this section relating to the	2282
accused's competence to stand trial or to the accused's mental	2283
condition at the time of the offense charged may be used against	2284
the accused on the issue of guilt in any criminal action or	2285
proceeding, but, in a criminal action or proceeding, the trial	2286
counsel or defense counsel may call as a witness any person who	2287
evaluated the accused or prepared a report pursuant to a referral	2288
under this section. Neither the appointment nor the testimony of	2289
an examiner appointed under this section precludes the trial	2290
counsel or defense counsel from calling other witnesses or	2291
presenting other evidence on competency or insanity issues.	2292

(J) Persons appointed as examiners under divisions (A) and	2293
(B) of this section or under division (H) of this section shall be	2294
paid a reasonable amount for their services and expenses, as	2295
certified by the court.	2296

Sec. 5924.503.  (A) If the issue of an accused's competence	2297
to stand trial is raised and if the court, upon conducting the	2298
hearing provided for in section 5924.502 of the Revised Code,	2299
finds that the accused is competent to stand trial, the accused	2300
shall be proceeded against as provided by law. If the court finds	2301
the accused competent to stand trial and the accused is receiving	2302
psychotropic drugs or other medication, the court may authorize	2303
the continued administration of the drugs or medication or other	2304
appropriate treatment in order to maintain the accused's	2305
competence to stand trial unless the accused's attending physician	2306
advises the court against continuation of the drugs, other	2307
medication, or treatment.	2308

(B)(1)(a) If, after taking into consideration all relevant	2309
reports, information, and other evidence, the court finds that the	2310
accused is incompetent to stand trial and that there is a	2311
substantial probability that the accused will become competent to	2312
stand trial within one year if the accused is provided with a	2313
course of treatment, the court shall order the accused to undergo	2314
treatment. If the accused is being tried by a general	2315
court-martial and if, after taking into consideration all relevant	2316
reports, information, and other evidence, the court finds that the	2317
accused is incompetent to stand trial, but the court is unable at	2318
that time to determine whether there is a substantial probability	2319
that the accused will become competent to stand trial within one	2320
year if the accused is provided with a course of treatment, the	2321
court shall order continuing evaluation and treatment of the	2322
accused for a period not to exceed four months to determine	2323
whether there is a substantial probability that the accused will	2324
become competent to stand trial within one year if the accused is	2325
provided with a course of treatment.	2326

(b) The court order for the accused to undergo treatment or	2327
continuing evaluation and treatment under division (B)(1)(a) of	2328
this section shall specify that the accused, if determined to	2329
require mental health treatment or continuing evaluation and	2330
treatment, shall be committed to the department of mental health	2331
for treatment or continuing evaluation and treatment at a	2332
hospital, facility, or agency determined to be clinically	2333
appropriate by the department of mental health. The order may	2334
restrict the accused's freedom of movement as the court considers	2335
necessary. The trial counsel in the accused's case shall send to	2336
the chief clinical officer of the hospital, facility, or agency	2337
where the accused is placed by the department of mental health or	2338
to the managing officer of the institution, the director of the	2339
facility, or the person to which the accused is committed copies	2340
of relevant investigative reports and other background information	2341
that pertains to the accused and is available to the trial counsel	2342
unless the trial counsel determines that the release of any of the	2343
information in the investigative reports or any of the other	2344
background information to unauthorized persons would interfere	2345
with the effective prosecution of any person or would create a	2346
substantial risk of harm to any person.	2347

In committing the accused to the department of mental health,	2348
the court shall consider the extent to which the person is a	2349
danger to the person and to others, the need for security, and the	2350
type of crime involved and, if the court finds that restrictions	2351
on the accused's freedom of movement are necessary, shall specify	2352
the least restrictive limitations on the person's freedom of	2353
movement determined to be necessary to protect public safety. In	2354
weighing these factors, the court shall give preference to	2355
protecting public safety.	2356

(c) If the accused is found incompetent to stand trial, if	2357
the chief clinical officer of the hospital, facility, or agency	2358
where the accused is placed, or the managing officer of the	2359
institution, the director of the facility, or the person to which	2360
the accused is committed for treatment or continuing evaluation	2361
and treatment under division (B)(1)(b) of this section determines	2362
that medication is necessary to restore the accused's competency	2363
to stand trial, and if the accused lacks the capacity to give	2364
informed consent or refuses medication, the chief clinical officer	2365
of the hospital, facility, or agency where the accused is placed	2366
or the managing officer of the institution, the director of the	2367
facility, or the person to which the accused is committed for	2368
treatment or continuing evaluation and treatment may petition the	2369
court for authorization for the involuntary administration of	2370
medication. The court shall hold a hearing on the petition within	2371
five days of the filing of the petition. Following the hearing,	2372
the court may authorize the involuntary administration of	2373
medication or may dismiss the petition.	2374

(d) If the accused is charged before a special or summary	2375
court-martial with an offense that is not a violation of section	2376
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	2377
counsel may hold the charges in abeyance while the accused engages	2378
in mental health treatment.	2379

(2) If the court finds that the accused is incompetent to	2380
stand trial and that, even if the accused is provided with a	2381
course of treatment, there is not a substantial probability that	2382
the accused will become competent to stand trial within one year,	2383
the court shall order the discharge of the accused, unless upon	2384
motion of the trial counsel or on its own motion, the court either	2385
seeks to retain jurisdiction over the accused pursuant to division	2386
(A)(2) of section 5924.504 of the Revised Code or files an	2387
affidavit in the probate court for the civil commitment of the	2388
accused pursuant to Chapter 5122. of the Revised Code alleging	2389
that the accused is a mentally ill person subject to	2390
hospitalization by court order. If an affidavit is filed in the	2391
probate court, the trial court shall send to the probate court	2392
copies of all written reports of the accused's mental condition	2393
that were prepared pursuant to section 5924.502 of the Revised	2394
Code.	2395

The trial court may issue the temporary order of detention	2396
that a probate court may issue under section 5122.11 of the	2397
Revised Code, to remain in effect until the probable cause or	2398
initial hearing in the probate court. Further proceedings in the	2399
probate court are civil proceedings governed by Chapter 5122. of	2400
the Revised Code.	2401

(C) No accused shall be required to undergo treatment,	2402
including any continuing evaluation and treatment, under division	2403
(B)(1) of this section for longer than whichever of the following	2404
periods is applicable:	2405

(1) One year, if the accused is being tried by a general	2406
court-martial;	2407

(2) Six months, if the accused is being tried before a	2408
special court-martial;	2409

(3) Sixty days, if the accused is being tried before a	2410
summary court-martial.	2411

(D) Any accused who is committed pursuant to this section	2412
shall not voluntarily admit the accused or be voluntarily admitted	2413
to a hospital or institution pursuant to section 5122.02 or	2414
5122.15 of the Revised Code.	2415

(E) Except as otherwise provided in this division, an accused	2416
who is charged with an offense and is committed by the court under	2417
this section to the department of mental health with restrictions	2418
on the accused's freedom of movement shall not be granted	2419
unsupervised on-grounds movement, supervised off-grounds movement,	2420
or nonsecured status except in accordance with the court order.	2421
The court may grant an accused supervised off-grounds movement to	2422
obtain medical treatment or specialized habilitation treatment	2423
services if the person who supervises the treatment or the	2424
continuing evaluation and treatment of the accused ordered under	2425
division (B)(1)(a) of this section informs the court that the	2426
treatment or continuing evaluation and treatment cannot be	2427
provided at the hospital or facility where the accused is placed	2428
by the department of mental health. The chief clinical officer of	2429
the hospital or facility where the accused is placed by the	2430
department of mental health or the managing officer of the	2431
institution or director of the facility to which the accused is	2432
committed or a designee of any of those persons may grant an	2433
accused movement to a medical facility for an emergency medical	2434
situation with appropriate supervision to ensure the safety of the	2435
accused, staff, and community during that emergency medical	2436
situation. The chief clinical officer of the hospital or facility	2437
where the accused is placed by the department of mental health or	2438
the managing officer of the institution or director of the	2439
facility to which the accused is committed shall notify the court	2440
within twenty-four hours of the accused's movement to the medical	2441
facility for an emergency medical situation under this division.	2442

(F) The person who supervises the treatment or continuing	2443
evaluation and treatment of an accused ordered to undergo	2444
treatment or continuing evaluation and treatment under division	2445
(B)(1)(a) of this section shall file a written report with the	2446
court at the following times:	2447

(1) Whenever the person believes the accused is capable of	2448
understanding the nature and objective of the proceedings against	2449
the accused and of assisting in the accused's defense;	2450

(2) Fourteen days before expiration of the maximum time for	2451
treatment as specified in division (C) of this section and	2452
fourteen days before the expiration of the maximum time for	2453
continuing evaluation and treatment as specified in division	2454
(B)(1)(a) of this section;	2455

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

2456

(4) Whenever the person who supervises the treatment or	2457
continuing evaluation and treatment of an accused ordered under	2458
division (B)(1)(a) of this section believes that there is not a	2459
substantial probability that the accused will become capable of	2460
understanding the nature and objective of the proceedings against	2461
the accused or of assisting in the accused's defense even if the	2462
accused is provided with a course of treatment.	2463

(G) A report under division (F) of this section shall contain	2464
the examiner's findings, the facts in reasonable detail on which	2465
the findings are based, and the examiner's opinion as to the	2466
accused's capability of understanding the nature and objective of	2467
the proceedings against the accused and of assisting in the	2468
accused's defense. If, in the examiner's opinion, the accused	2469
remains incapable of understanding the nature and objective of the	2470
proceedings against the accused and of assisting in the accused's	2471
defense and there is a substantial probability that the accused	2472
will become capable of understanding the nature and objective of	2473
the proceedings against the accused and of assisting in the	2474
accused's defense if the accused is provided with a course of	2475
treatment, if in the examiner's opinion the accused remains	2476
mentally ill, and if the maximum time for treatment as specified	2477
in division (C) of this section has not expired, the report also	2478
shall contain the examiner's recommendation as to the least	2479
restrictive placement or commitment alternative that is consistent	2480
with the accused's treatment needs for restoration to competency	2481
and with the safety of the community. The court shall provide	2482
copies of the report to the trial counsel and defense counsel.	2483

(H) If an accused is committed pursuant to division (B)(1) of	2484
this section, within ten days after the treating physician of the	2485
accused or the examiner of the accused who is employed or retained	2486
by the treating facility advises that there is not a substantial	2487
probability that the accused will become capable of understanding	2488
the nature and objective of the proceedings against the accused or	2489
of assisting in the accused's defense even if the accused is	2490
provided with a course of treatment, within ten days after the	2491
expiration of the maximum time for treatment as specified in	2492
division (C) of this section, within ten days after the expiration	2493
of the maximum time for continuing evaluation and treatment as	2494
specified in division (B)(1)(a) of this section, within thirty	2495
days after an accused's request for a hearing that is made after	2496
six months of treatment, or within thirty days after being advised	2497
by the treating physician or examiner that the accused is	2498
competent to stand trial, whichever is the earliest, the court	2499
shall conduct another hearing to determine if the accused is	2500
competent to stand trial and shall do whichever of the following	2501
is applicable:	2502

(1) If the court finds that the accused is competent to stand	2503
trial, the accused shall be proceeded against as provided by law.	2504

(2) If the court finds that the accused is incompetent to	2505
stand trial, but that there is a substantial probability that the	2506
accused will become competent to stand trial if the accused is	2507
provided with a course of treatment, and the maximum time for	2508
treatment as specified in division (C) of this section has not	2509
expired, the court, after consideration of the examiner's	2510
recommendation, shall order that treatment be continued, may	2511
change least restrictive limitations on the accused's freedom of	2512
movement.	2513

(3) If the court finds that the accused is incompetent to	2514
stand trial, if the accused is being tried by a general	2515
court-martial, and if the court finds that there is not a	2516
substantial probability that the accused will become competent to	2517
stand trial even if the accused is provided with a course of	2518
treatment, or if the maximum time for treatment as specified in	2519
division (C) of this section has expired, further proceedings	2520
shall be as provided in sections 5924.504 to 5924.506 of the	2521
Revised Code.	2522

(4) If the court finds that the accused is incompetent to	2523
stand trial, if the accused is being tried before a special	2524
court-martial, and if the court finds that there is not a	2525
substantial probability that the accused will become competent to	2526
stand trial even if the accused is provided with a course of	2527
treatment, or if the maximum time for treatment as specified in	2528
division (C) of this section has expired, the court shall dismiss	2529
the charge against the accused. A dismissal under this division is	2530
not a bar to further prosecution based on the same conduct. The	2531
court shall discharge the accused unless the court or trial	2532
counsel files an affidavit in probate court for civil commitment	2533
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	2534
civil commitment is filed, the court may detain the accused for	2535
ten days pending civil commitment. All of the following provisions	2536
apply to persons being tried by a special court-martial who are	2537
committed by the probate court subsequent to the court's or trial	2538
counsel's filing of an affidavit for civil commitment under	2539
authority of this division:	2540

(a) The chief clinical officer of the entity, hospital, or	2541
facility, the managing officer of the institution, or the person	2542
to which the accused is committed or admitted shall do all of the	2543
following:	2544

(i) Notify the trial counsel in writing of the discharge of	2545
the accused, send the notice at least ten days prior to the	2546
discharge unless the discharge is by the probate court and state	2547
in the notice the date on which the accused will be discharged;	2548

(ii) Notify the trial counsel in writing when the accused is	2549
absent without leave or is granted unsupervised, off-grounds	2550
movement and send this notice promptly after the discovery of the	2551
absence without leave or prior to the granting of the	2552
unsupervised, off-grounds movement, whichever is applicable;	2553

(iii) Notify the trial counsel in writing of the change of	2554
the accused's commitment or admission to voluntary status, send	2555
the notice promptly upon learning of the change to voluntary	2556
status, and state in the notice the date on which the accused was	2557
committed or admitted on a voluntary status.	2558

(b) The trial counsel shall promptly inform the convening	2559
authority of any notification received under division (H)(4)(a) of	2560
this section. Upon receiving notice that the accused will be	2561
granted unsupervised, off-grounds movement, the convening	2562
authority either shall refer the charges against the accused to an	2563
investigating officer again or promptly notify the court that the	2564
convening authority does not intend to refer the charges against	2565
the accused again.	2566

(I) If an accused is convicted of a crime and sentenced to	2567
confinement, the accused's sentence shall be reduced by the total	2568
number of days the accused is confined for evaluation to determine	2569
the accused's competence to stand trial or treatment under this	2570
section and sections 5924.502 and 5924.504 of the Revised Code or	2571
by the total number of days the accused is confined for evaluation	2572
to determine the accused's mental condition at the time of the	2573
offense charged.	2574

Sec. 5924.504.  (A) If an accused being tried by a general	2575
court-martial is found incompetent to stand trial, after the	2576
expiration of the maximum time for treatment as specified in	2577
division (C) of section 5924.503 of the Revised Code or after the	2578
court finds that there is not a substantial probability that the	2579
accused will become competent to stand trial even if the accused	2580
is provided with a course of treatment, one of the following	2581
applies:	2582

(1) The court or the trial counsel may file an affidavit in	2583
probate court for civil commitment of the accused in the manner	2584
provided in Chapter 5122. of the Revised Code. If the court or	2585
trial counsel files an affidavit for civil commitment, the court	2586
may detain the accused for ten days pending civil commitment. If	2587
the probate court commits the accused subsequent to the court's or	2588
trial counsel's filing of an affidavit for civil commitment, the	2589
chief clinical officer of the entity, hospital, or facility, the	2590
managing officer of the institution, or the person to which the	2591
accused is committed or admitted shall send to the trial counsel	2592
the notices described in divisions (H)(4)(a)(i) to (iii) of	2593
section 5924.503 of the Revised Code within the periods of time	2594
and under the circumstances specified in those divisions.	2595

(2) On the motion of the trial counsel or on its own motion,	2596
the court may retain jurisdiction over the accused if at a hearing	2597
the court finds both of the following by clear and convincing	2598
evidence:	2599

(a) The accused committed the offense with which the accused	2600
is charged.	2601

(b) The accused is a mentally ill person subject to	2602
hospitalization by court order.	2603

(B) In making its determination under division (A)(2) of this	2604
section as to whether to retain jurisdiction over the accused, the	2605
court may consider all relevant evidence, including, but not	2606
limited to, any relevant psychiatric, psychological, or medical	2607
testimony or reports, the acts constituting the offense charged,	2608
and any history of the accused that is relevant to the accused's	2609
ability to conform to the law.	2610

(C) If the court conducts a hearing as described in division	2611
(A)(2) of this section and if the court does not make both	2612
findings described in divisions (A)(2)(a) and (b) of this section	2613
by clear and convincing evidence, the court shall dismiss the	2614
charges against the accused. Upon the dismissal, the court shall	2615
discharge the accused unless the court or trial counsel files an	2616
affidavit in probate court for civil commitment of the accused	2617
pursuant to Chapter 5122. of the Revised Code. If the court or	2618
trial counsel files an affidavit for civil commitment, the court	2619
may order that the accused be detained for up to ten days pending	2620
the civil commitment. If the probate court commits the accused	2621
subsequent to the court's or trial counsel's filing of an	2622
affidavit for civil commitment, the chief clinical officer of the	2623
entity, hospital, or facility, the managing officer of the	2624
institution, or the person to which the accused is committed or	2625
admitted shall send to the trial counsel the notices described in	2626
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	2627
Code within the periods of time and under the circumstances	2628
specified in those divisions. A dismissal of charges under this	2629
division is not a bar to further criminal proceedings based on the	2630
same conduct.	2631

(D)(1) If the court conducts a hearing as described in	2632
division (A)(2) of this section and if the court makes the	2633
findings described in divisions (A)(2)(a) and (b) of this section	2634
by clear and convincing evidence, the court shall commit the	2635
accused, if determined to require mental health treatment, to the	2636
department of mental health for treatment at a hospital, facility,	2637
or agency as determined clinically appropriate by the department	2638
of mental health. In committing the accused to the department of	2639
mental health, the court shall specify the least restrictive	2640
limitations on the accused's freedom of movement determined to be	2641
necessary to protect public safety.	2642

(2) If a court makes a commitment of an accused under	2643
division (D)(1) of this section, the trial counsel shall send to	2644
the hospital, facility, or agency where the accused is placed by	2645
the department of mental health or to the accused's place of	2646
commitment all reports of the accused's current mental condition	2647
and, except as otherwise provided in this division, any other	2648
relevant information, including, but not limited to, a transcript	2649
of the hearing held pursuant to division (A)(2) of this section,	2650
copies of relevant investigative reports, and copies of any prior	2651
arrest and conviction records that pertain to the accused and that	2652
the trial counsel possesses. The trial counsel shall send the	2653
reports of the accused's current mental condition in every case of	2654
commitment, and, unless the trial counsel determines that the	2655
release of any of the other relevant information to unauthorized	2656
persons would interfere with the effective prosecution of any	2657
person or would create a substantial risk of harm to any person,	2658
the trial counsel also shall send the other relevant information.	2659

(3) If a court makes a commitment under division (D)(1) of	2660
this section, all further proceedings shall be in accordance with	2661
Chapter 5122. of the Revised Code.	2662

Sec. 5924.505.  For purposes of sections 5924.502 and	2663
5924.506 of the Revised Code, a person is "not guilty by reason of	2664
insanity" relative to a charge of an offense only as described in	2665
division (A)(14) of section 2901.01 of the Revised Code. Proof	2666
that a person's reason, at the time of the commission of an	2667
offense, was so impaired that the person did not have the ability	2668
to refrain from doing the person's act or acts, does not	2669
constitute a defense.	2670

Sec. 5924.506.  (A) If an accused person is found not guilty	2671
by reason of insanity, the verdict shall state that finding, and	2672
the trial court shall conduct a full hearing to determine whether	2673
the person is a mentally ill person subject to hospitalization by	2674
court order. Prior to the hearing, if the military judge believes	2675
that there is probable cause that the person found not guilty by	2676
reason of insanity is a mentally ill person subject to	2677
hospitalization by court order, the military judge may issue a	2678
temporary order of detention for that person to remain in effect	2679
for ten court days or until the hearing, whichever occurs first.	2680

Any person detained pursuant to a temporary order of	2681
detention issued under this division shall be held in a suitable	2682
facility, taking into consideration the place and type of	2683
confinement prior to and during trial.	2684

(B) The court shall hold the hearing under division (A) of	2685
this section to determine whether the person found not guilty by	2686
reason of insanity is a mentally ill person subject to	2687
hospitalization by court order within ten court days after the	2688
finding of not guilty by reason of insanity. Failure to conduct	2689
the hearing within the ten-day period shall cause the immediate	2690
discharge of the respondent, unless the judge grants a continuance	2691
for not longer than ten court days for good cause shown or for any	2692
period of time upon motion of the respondent.	2693

(C) If a person is found not guilty by reason of insanity,	2694
the person has the right to attend a hearing conducted pursuant to	2695
this section. At the hearing, the court shall inform the person	2696
that the person has all of the following rights:	2697

(1) The right to be represented by defense counsel or to	2698
retain civilian counsel, if the person so chooses;	2699

(2) The right to have independent expert evaluation;

2700

(3) The right to subpoena witnesses and documents, to present	2701
evidence on the person's behalf, and to cross-examine witnesses	2702
against the person;	2703

(4) The right to testify in the person's own behalf and to	2704
not be compelled to testify;	2705

(5) The right to have copies of any relevant medical or	2706
mental health document in the custody of the state or of any place	2707
of commitment other than a document for which the court finds that	2708
the release to the person of information contained in the document	2709
would create a substantial risk of harm to any person.	2710

(D) The hearing under division (A) of this section shall be	2711
open to the public, and the court shall conduct the hearing in	2712
accordance with regulations prescribed by the adjutant general.	2713
The court shall make and maintain a full transcript and record of	2714
the hearing proceedings. The court may consider all relevant	2715
evidence, including, but not limited to, any relevant psychiatric,	2716
psychological, or medical testimony or reports, the acts	2717
constituting the offense in relation to which the person was found	2718
not guilty by reason of insanity, and any history of the person	2719
that is relevant to the person's ability to conform to the law.	2720

(E) Upon completion of the hearing under division (A) of this	2721
section, if the court finds there is not clear and convincing	2722
evidence that the person is a mentally ill person subject to	2723
hospitalization by court order, the court shall discharge the	2724
person, unless a detainer has been placed upon the person by the	2725
department of rehabilitation and correction, in which case the	2726
person shall be returned to that department.	2727

(F) If, at the hearing under division (A) of this section,	2728
the court finds by clear and convincing evidence that the person	2729
is a mentally ill person subject to hospitalization by court	2730
order, it shall commit the person to the department of mental	2731
health for placement in a hospital, facility, or agency as	2732
determined clinically appropriate by the department of mental	2733
health. Further proceedings shall be in accordance with Chapter	2734
5122. or 5123. of the Revised Code. In committing the accused to	2735
the department of mental health, the court shall specify the least	2736
restrictive limitations on the accused's freedom of movement	2737
determined to be necessary to protect public safety.	2738

(G) If a court makes a commitment of a person under division	2739
(F) of this section, the trial counsel shall send to the hospital,	2740
facility, or agency where the defendant is placed by the	2741
department of mental health or to the accused's place of	2742
commitment all reports of the person's current mental condition,	2743
and, except as otherwise provided in this division, any other	2744
relevant information, including, but not limited to, a transcript	2745
of the hearing held pursuant to division (A) of this section,	2746
copies of relevant investigative reports, and copies of any prior	2747
arrest and conviction records that pertain to the person and that	2748
the trial counsel possesses. The trial counsel shall send the	2749
reports of the person's current mental condition in every case of	2750
commitment, and, unless the trial counsel determines that the	2751
release of any of the other relevant information to unauthorized	2752
persons would interfere with the effective prosecution of any	2753
person or would create a substantial risk of harm to any person,	2754
the trial counsel also shall send the other relevant information.	2755

(H) A person who is committed pursuant to this section shall	2756
not voluntarily admit the person or be voluntarily admitted to a	2757
hospital or institution pursuant to sections 5122.02 and 5122.15	2758
of the Revised Code.	2759

Sec. 5924.51.  (A) Voting by members of a general or special	2760
court-martial on the findings and on the sentence, and by members	2761
of a court-martial without a military judge upon questions of	2762
challenge, shall be by secret written ballot. The junior member of	2763
the court shall in each case count the votes. The count shall be	2764
checked by the president, who shall forthwith announce the result	2765
of the ballot to the members of the court.	2766

(B) The military judge and, except for questions of	2767
challenge, the president of a court-martial without a military	2768
judge shall rule upon all questions of law and all interlocutory	2769
questions arising during the proceedings. Any such ruling made by	2770
the military judge upon any question of law or any interlocutory	2771
question other than the factual issue of mental responsibility of	2772
the accused, or by the president of a special court-martial,	2773
without a military judge upon any question of law other than a	2774
motion for a finding of not guilty, is final and constitutes the	2775
ruling of the court. However, the military judge or the president	2776
of a court-martial without a military judge may change the ruling	2777
at any time during the trial. Unless the ruling is final, if any	2778
member objects thereto, the court shall be cleared and closed and	2779
the question decided by a voice vote as provided in section	2780
5924.52 of the Revised Code, beginning with the junior in rank.	2781

(C) Before a vote is taken on the findings, the military	2782
judge or the president of a court-martial without a military judge	2783
shall, in the presence of the accused and counsel, instruct the	2784
members of the court as to the elements of the offense and charge	2785
the courtthem:	2786

(1) That the accused must be presumed to be innocent until	2787
his guilt is established by legal and competent evidence beyond	2788
reasonable doubt;	2789

(2) That in the case being considered, if there is a	2790
reasonable doubt as to the guilt of the accused, the doubt must be	2791
resolved in favor of the accused, and hethe accused must be	2792
acquitted;	2793

(3) That, if there is a reasonable doubt as to the degree of	2794
guilt, the finding must be in a lower degree as to which there is	2795
no reasonable doubt; and	2796

(4) That the burden of proof to establish the guilt of the	2797
accused beyond reasonable doubt is upon the state.	2798

(D) Divisions (A), (B), and (C) of this section do not apply	2799
to a court-martial composed of a military judge only. The military	2800
judge of such a court-martial shall determine all questions of law	2801
and fact arising during the proceedings and, if the accused is	2802
convicted, adjudge an appropriate sentence. The military judge of	2803
such a court-martial shall make a general finding and shall in	2804
addition on request find the facts speciallymake specific	2805
findings of fact. If an opinion or memorandum of decision is	2806
filed, it will be sufficient if the findings of fact appear	2807
therein.	2808

Sec. 5924.52.  (A)(1) No person may be convicted of an	2809
offense for which the death penalty is made mandatory by law,	2810
except by the concurrence of all members of the court-martial	2811
present at the time the vote is taken.	2812

(2) No person may be convicted of any other offense, except	2813
as provided in division (B) of section 5924.45 of the Revised Code	2814
or by the concurrence of two-thirds of the members of the	2815
court-martial present at the time the vote is taken.	2816

(B)(1) No person may be sentenced to suffer death, except by	2817
the concurrence of all members of the court-martial present at the	2818
time the vote is taken and for an offense in this chapter	2819
expressly made punishable by death.	2820

(2) No person may be sentenced to life imprisonment or to	2821
confinement for more than ten years, except by the concurrence of	2822
three-fourths of the members present at the time the vote is	2823
taken.	2824

(3) All other sentences shall be determined by the	2825
concurrence of two-thirds of the members present at the time the	2826
vote is taken.	2827

(C) All other questions to be decided by the members of a	2828
general or special court-martial shall be determined by a majority	2829
vote, but a determination to reconsider a finding of guilty or to	2830
reconsider a sentence, to decrease or lessen it, may be made by	2831
any lesser vote whichthat indicates that the reconsideration is	2832
not opposed by the number of votes required for that finding or	2833
sentence. A tie vote on a challenge disqualifies the member	2834
challenged. A tie vote on a motion for a finding of not guilty or	2835
on a motion relating to the question of the accused's sanity is a	2836
determination against the accused. A tie vote on any other	2837
question is a determination in favor of the accused.	2838

Sec. 5924.54.  (A) Each general court-martial shall keep a	2839
separate record of the proceedings in each case brought before it,	2840
and the record shall be authenticated by the signature of the	2841
military judge. If the record cannot be authenticated by the	2842
military judge by reason of his death, disability, or absence, it	2843
shall be authenticated by the signature of the trial counsel or by	2844
that of a member if the trial counsel is unable to authenticate it	2845
by reason of his death, disability, or absence. In a court-martial	2846
consisting of only a military judge, the record shall be	2847
authenticated by the court reporter under the same conditions	2848
whichthat would impose such a duty on a member under this	2849
division if the proceedings have resulted in an acquittal of all	2850
charges and specifications or, if not affecting a general or flag	2851
officer, in a sentence not including discharge and not in excess	2852
of that which may otherwise be adjudged by a special	2853
court-martial. The record shall contain matters as may be	2854
prescribed by regulations of the governor.	2855

(B) Each special and summary court-martial shall keep a	2856
separate record of the proceedings in each case, whichand the	2857
record shall contain such matter and be authenticated in suchthe	2858
manner as may be required by regulations which the governor may	2859
prescribeprescribed by the adjutant general.	2860

(C)(1) A complete record of the proceedings and testimony	2861
shall be prepared in the following cases:	2862

(a) Each case tried before a general court-martial in which	2863
the sentence adjudged includes a dismissal, a discharge, or any	2864
punishment that exceeds the punishment that may otherwise be	2865
adjudged by a special court-martial;	2866

(b) Each case tried before a special court-martial in which	2867
the sentence adjudged includes a bad-conduct discharge or	2868
confinement for more than six months.	2869

(2) In all other cases tried before a court-martial, the	2870
record shall contain any matters that are required by regulations	2871
of the adjutant general. A copy of the record of the proceedings	2872
of each general and special court-martial shall be given to the	2873
accused as soon as it is authenticated. If a verbatim record of	2874
trial by general or special court-martial is not required under	2875
divisions (A) and (B) of this section, the accused may buy such a	2876
record under such regulations as the governor may prescribe.	2877

Sec. 5924.56.  The punishment whichthat a court-martial may	2878
direct for an offense may not exceed limits prescribed by this	2879
code or such lesser limits as the governor may prescribeadjutant	2880
general for the offense.	2881

Sec. 5924.57.  (A) Whenever a sentence of a court-martial as	2882
lawfully adjudged and approved includes a forfeitures(1) A	2883
forfeiture of pay or allowances in addition to confinement not	2884
suspended or deferred, the forfeiture may apply to pay or	2885
allowances becoming due on or after the date the sentence is	2886
approved by the convening authority. No forfeiture may extend to	2887
any pay or allowances accrued before that dateor reduction in	2888
grade that is included in a sentence of a court-martial takes	2889
effect on the earlier of the date that is fourteen days after the	2890
date on which the sentence is adjudged or the date on which the	2891
sentence is approved by the convening authority.	2892

(2) On application of an accused, the convening authority may	2893
defer a forfeiture of pay or allowances or reduction in grade that	2894
would otherwise become effective on the date that is fourteen days	2895
after the date on which the sentence is adjudged until the date on	2896
which the sentence is approved by the convening authority. The	2897
convening authority may at any time rescind a deferment granted	2898
under this division.	2899

(3) A forfeiture of pay or allowances applies to pay or	2900
allowances accruing on and after the date on which the sentence	2901
takes effect.	2902

(B) Any period of confinement included in a sentence of a	2903
court-martial begins to run from the date the sentence is adjudged	2904
by the court-martial, but periods during which the sentence to	2905
confinement is suspended or deferred shall be excluded in	2906
computing the service of the term of confinement. Regulations	2907
prescribed by the governor may provide that sentences of	2908
confinement may not be executed until approved by designated	2909
officers.	2910

(C) All other sentences of courts-martial are effective on	2911
the date ordered executed.	2912

(D)(1) On application by an accused who is under sentence to	2913
confinement that has not been ordered executed, the convening	2914
authority or, if the accused is no longer under histhe convening	2915
authority's jurisdiction, the governor,officer exercising general	2916
court-martial jurisdiction over the command to which the accused	2917
is currently assigned may in histhe officer's sole discretion	2918
defer service of the sentence to confinement. The deferment shall	2919
terminate when the sentence is ordered executed. The deferment may	2920
be rescinded at any time by the officer who granted it or, if the	2921
accused is no longer under histhe officer's jurisdiction, by the	2922
governorofficer exercising general court-martial jurisdiction	2923
over the command to which the accused is currently assigned.	2924

(2) In any case in which a court-martial sentences a person	2925
described in division (D)(3) of this section to confinement, the	2926
convening authority may defer the service of the sentence to	2927
confinement, without the consent of that person, until after the	2928
person has been permanently released to the armed forces by a	2929
state or foreign country referred to in that division.	2930

(3) Division (D)(2) of this section applies to a person	2931
subject to this chapter who, while in the custody of a state or	2932
foreign country, is temporarily returned by that state or foreign	2933
country to the armed forces for trial by court-martial and after	2934
the court-martial is returned to that state or foreign country	2935
under the authority of a mutual agreement or treaty.	2936

(4) As used in division (D)(3) of this section, "state"	2937
includes the District of Columbia and any state, commonwealth,	2938
territory, or possession of the United States having a national	2939
guard.	2940

(E) In any case in which a sentence to confinement has been	2941
ordered executed but in which review of the case under section	2942
5924.64 of the Revised Code is pending, the adjutant general may	2943
defer further service of the sentence while the review is pending.	2944

Sec. 5924.58.  (A) ASubject to regulations prescribed by the	2945
adjutant general, a sentence of confinement adjudged by a	2946
court-martial or other military courttribunal, whether or not the	2947
sentence includes discharge or dismissal, and whether or not the	2948
discharge or dismissal has been executed, may be carried into	2949
execution by confinement in any place of confinement under the	2950
control of any of the forces of the organized militia or in any	2951
jail or prison designated for that purposejail or correctional	2952
facility in this state. Persons so confined in a jail or prison	2953
are subject to the same discipline and treatment as persons	2954
confined or committed to the jail or prisoncorrectional facility	2955
by the courts of the state or of any political subdivision	2956
thereofof the state.	2957

(B) The omission of the words "hard labor" from any sentence	2958
or punishment of a court-martial adjudging confinement does not	2959
deprive the authority executing that sentence or punishment of the	2960
power to require hard labor as a part of the punishment.	2961

(C) The keepers, officers, and wardens of city or county	2962
jails and of other jails or prisons designated by the governor, or	2963
by such person as he may authorize to act under section 5924.11 of	2964
the Revised Code and of this code, shall receive persons ordered	2965
into confinement before trial and persons committed to confinement	2966
by a military court and shall confine them according to law. No	2967
such keeper, officer, or warden may require payment of any fee or	2968
chargekind may be required for so receiving or confining a person	2969
housing a prisoner under this code.	2970

Sec. 5924.581.  (A) Except as otherwise provided in	2971
regulations made by the adjutant general, a court-martial sentence	2972
of an enlisted member in a pay grade above E-1 that includes a	2973
dishonorable or bad-conduct discharge, confinement, or hard labor	2974
without confinement reduces the member to pay grade E-1, effective	2975
on the date the convening authority approves the sentence.	2976

(B) If the sentence of a member who is reduced in pay grade	2977
under division (A) of this section is set aside or disapproved, or	2978
as finally approved does not include a dishonorable or bad-conduct	2979
discharge, confinement, or hard labor without confinement, the	2980
rights and privileges of which the member was deprived because of	2981
the reduction in pay are restored, and the member shall be paid	2982
the pay and allowances that the member would have been paid for	2983
the period the reduction was in effect had the member not been	2984
reduced in pay.	2985

Sec. 5924.582.  (A) A member who receives a court-martial	2986
sentence that includes confinement for more than six months or	2987
confinement for six months or less and a dishonorable or	2988
bad-conduct discharge or dismissal forfeits pay, or pay and	2989
allowances, during any period of confinement or parole. The	2990
forfeiture takes effect on the date determined under section	2991
5924.57 of the Revised Code and may be deferred as provided by	2992
that section. The pay and allowances forfeited as a result of a	2993
sentence imposed by a general court-martial shall be all pay and	2994
allowances due during any period of confinement or parole. The pay	2995
and allowances forfeited as a result of a sentence imposed by a	2996
special court-martial shall be two-thirds of all pay and	2997
allowances due during any period of confinement or parole.	2998

(B) If a member subject to forfeiture of pay or pay and	2999
allowances under division (A) of this section has dependents, the	3000
convening authority or other person acting under section 5924.60	3001
of the Revised Code may waive all or part of the forfeiture of pay	3002
and allowances for a period not exceeding six months. Any pay or	3003
allowances paid as a result of a waiver shall be paid, as the	3004
convening authority or other person taking action directs, to the	3005
dependents of the accused member.	3006

(C) If the sentence of a member who forfeits pay and	3007
allowances under division (A) of this section is set aside or	3008
disapproved or, as finally approved, does not provide for a	3009
punishment that includes confinement for more than six months or	3010
confinement for six months or less and a dishonorable or	3011
bad-conduct discharge or dismissal, the member shall be paid the	3012
pay and allowances that the member would have been paid for the	3013
period the forfeiture was in effect had the member's pay and	3014
allowances not been forfeited.	3015

Sec. 5924.59.  (A) A finding or sentence of a court-martial	3016
may not be held incorrect on the ground of an error of law unless	3017
the error materially prejudices the substantial rights of the	3018
accused.	3019

(B) Any reviewing authority with the power to approve or	3020
affirm a finding of guilty may instead approve or affirm so much	3021
of the finding as includes a lesser included offense.	3022

Sec. 5924.60. After a trial by(A) A court-martial, the	3023
record shall be forwardedreport its findings and sentence to the	3024
convening authority, as reviewing authority, and action thereon	3025
may be taken byafter announcing the person who convened the	3026
court, a commissioned officer commanding for the time being, a	3027
successor in command, or by the governorsentence.	3028

(B)(1) The accused may submit to the convening authority	3029
matters relating to the findings and sentence to the convening	3030
authority for its consideration. A submission shall be in writing.	3031
A submission shall be made within ten days after the accused has	3032
been given an authenticated record of trial and, if applicable,	3033
the recommendation of the staff judge advocate or legal officer	3034
under division (D) of this section or, in a summary court-martial	3035
case, within seven days after the sentence is announced.	3036

(2) The convening authority or other person taking action	3037
under this section, for good cause shown by the accused, may	3038
extend the period for submission of matters under division (B)(1)	3039
of this section for not more than twenty days.	3040

(3) In a summary court-martial case, the summary court	3041
officer shall promptly provide the accused with a copy of the	3042
record of trial for use in preparing a submission authorized by	3043
division (B)(1) of this section.	3044

(4) The accused may waive the right to make a submission	3045
under division (B)(1) of this section. A waiver shall be made in	3046
writing and may not be revoked. The time within which the accused	3047
may make a submission under this subsection expires upon the	3048
submission of a waiver to the convening authority.	3049

(C)(1) The authority under this section to act on the	3050
findings and sentence of a court-martial is a matter of command	3051
prerogative involving the sole discretion of the convening	3052
authority. Pursuant to regulations prescribed by the adjutant	3053
general, a commissioned officer commanding for the time being, a	3054
successor in command, or any person exercising general	3055
court-martial jurisdiction may act under this section in place of	3056
the convening authority.	3057

(2) The convening authority or another person authorized to	3058
act under this section may act on the sentence of a court-martial	3059
pursuant to division (B)(3) of this section. Subject to	3060
regulations prescribed by the adjutant general, the convening	3061
authority or other authorized person may act only after the	3062
accused submits matters under division (B) of this section or the	3063
time for submitting matters expires, whichever is earlier. If the	3064
accused makes a submission, the convening authority or other	3065
authorized person shall take the submission into consideration	3066
before acting.	3067

(3) The convening authority or other authorized person, in	3068
the convening authority's or other authorized person's sole	3069
discretion, may approve, disapprove, commute, or suspend the	3070
sentence of a court-martial in whole or in part. The convening	3071
authority or other authorized person acting on a sentence may but	3072
is not required to take action on the findings of the	3073
court-martial. A convening authority or other authorized person	3074
that chooses to act on the findings may dismiss any charge or	3075
specification by setting aside a finding of guilt with regard to	3076
that charge or specification or may change a finding of guilty	3077
with regard to a charge or specification to a finding of guilty to	3078
an offense that is a lesser included offense of the offense stated	3079
in the charge or specification.	3080

(D) Before acting under this section on any general	3081
court-martial case or on any special court-martial case that	3082
includes a bad-conduct discharge, the convening authority or other	3083
authorized person shall obtain and consider the written	3084
recommendation of the convening authority's or other authorized	3085
person's staff judge advocate or legal officer. The convening	3086
authority or other authorized person shall refer the record of	3087
trial to the staff judge advocate or legal officer. The staff	3088
judge advocate or legal officer shall use the record in the	3089
preparation of a recommendation. The recommendation shall include	3090
any matters that the adjutant general may require by regulation	3091
and shall be served on the accused. The accused may submit any	3092
matter in response under division (B) of this section. If in the	3093
accused's response, the accused does not object to one or more	3094
matters contained in the recommendation, the accused waives the	3095
right to object to those matters.	3096

(E)(1) The convening authority or other authorized person, in	3097
the convening authority's or other authorized person's sole	3098
discretion, may order a proceeding in revision or a rehearing.	3099

(2) The convening authority or other authorized person may	3100
order a proceeding in revision if there is an apparent error or	3101
omission in the record of a court-martial or if the record shows	3102
improper or inconsistent action by a court-martial with respect to	3103
the findings or sentence that can be rectified without material	3104
prejudice to the substantial rights of the accused. In a	3105
proceeding in revision, the convening authority or other	3106
authorized person may not do any of the following:	3107

(a) Reconsider a finding of not guilty of any specification	3108
or a ruling that amounts to a finding of not guilty;	3109

(b) Reconsider a finding of not guilty of any charge, unless	3110
there has been a finding of guilty under a specification laid	3111
under that charge that sufficiently alleges a violation of any	3112
provision of this chapter;	3113

(c) Increase the severity of the sentence.

3114

(3) The convening authority or other authorized person may	3115
order a rehearing if the convening authority or other authorized	3116
person disapproves the findings or sentence and states the reasons	3117
for disapproval of the findings or sentence. If the convening	3118
authority or other authorized person disapproves the findings or	3119
sentence and does not order a rehearing, the convening authority	3120
or other authorized person shall dismiss the charges. A convening	3121
authority or other authorized person may not order a rehearing as	3122
to the findings if the record does not contain sufficient evidence	3123
to support the findings. A convening authority or other authorized	3124
person may order a rehearing as to the sentence if the convening	3125
authority or other authorized person disapproves the sentence.	3126

Sec. 5924.61. (A) An accused may appeal a finding of guilty	3127
or the sentence of a court-martial to the court of military	3128
appeals. The court shall hear an appeal if the convening authority	3129
or other authorized person approved a sentence of dismissal of a	3130
commissioned officer, dishonorable or bad conduct discharge, or	3131
confinement for one year or more and if the appeal was timely	3132
filed. The court may hear any other appeals that the court, in its	3133
sole discretion, allows.	3134

(B) An accused who is found guilty may appeal under this	3135
section by filing a notice of appeal with the convening authority	3136
that ordered the court-martial within thirty calendar days after	3137
the convening authority serves a copy of the approved findings and	3138
sentence on the trial attorney of record for the accused or, if	3139
the accused waived the right to counsel, on the accused in	3140
accordance with regulations prescribed by the adjutant general.	3141
The notice of appeal shall state the name of the party taking the	3142
appeal, the findings, sentence, or parts of the findings or	3143
sentence appealed from, and the grounds for the appeal. Failure to	3144
file a notice of appeal in a timely manner constitutes a waiver of	3145
the right to appeal.	3146

(C) Upon receiving a notice of appeal, the convening	3147
authority shall serve a copy of the notice on the trial counsel	3148
and on the trial attorney of record for any codefendant or, if a	3149
codefendant waived the right to counsel, on the codefendant in	3150
accordance with regulations prescribed by the adjutant general.	3151
The convening authority shall note on each copy served the date on	3152
which the notice of appeal was filed. Failure of the convening	3153
authority to serve a copy of the notice of appeal does not affect	3154
the validity of the appeal. Service in accordance with division	3155
(C) of this section is sufficient notwithstanding the death of a	3156
party or a party's counsel. The convening authority shall note on	3157
its docket the names of the parties served, the dates on which	3158
they were served, and the method of service.	3159

(D) An accused may waive appellate review by filing with the	3160
convening authority, within ten days after the action under	3161
section 5924.60 of the Revised Code is served on the accused or on	3162
defense counsel, a written waiver signed by the accused and by	3163
defense counsel. The convening authority or other person taking	3164
such action, for good cause, may extend the period for filing by	3165
not more than thirty days.	3166

(E) An accused may voluntarily withdraw an appeal at any time	3167
by filing a notice of withdrawal with the convening authority.	3168

(F) A waiver of the right to appellate review or the	3169
withdrawal of an appeal bars any further review under this section	3170
or section 5924.69 of the Revised Code.	3171

Sec. 5924.62. (A) In a trial by court-martial in which a	3172
military judge presides and in which a punitive discharge may be	3173
adjudged, the state may appeal any of the following, except an	3174
order or ruling that is, or that amounts to, a finding of not	3175
guilty with respect to the charge or specification:	3176

(1) An order or ruling that terminates the proceedings with	3177
respect to a charge or specification;	3178

(2) An order or ruling that excludes evidence that is of	3179
substantial consequence to the determination of the material	3180
issues in the proceeding;	3181

(3) An order or ruling that directs the disclosure of	3182
classified information;	3183

(4) An order or ruling that imposes sanctions for	3184
nondisclosure of classified information;	3185

(5) A refusal by the military judge to issue a protective	3186
order sought by the state to prevent the disclosure of classified	3187
information;	3188

(6) A refusal by the military judge to enforce a protective	3189
order that has previously been issued by appropriate authority to	3190
prevent the disclosure of classified information.	3191

(B) The state may not appeal an order or ruling unless within	3192
seventy-two hours after the military judge serves the order or	3193
ruling the trial counsel files with the military judge a written	3194
notice of appeal from the order or ruling. The notice shall	3195
include a certification by the trial counsel that the appeal is	3196
not taken for the purpose of delay and, if the order or ruling	3197
appealed is one that excludes evidence, that the evidence excluded	3198
is substantial proof of a fact material in the proceeding.	3199

(C) Appellate government counsel shall diligently prosecute	3200
an appeal under this section to the court of military appeals	3201
created by section 5924.66 of the Revised Code.	3202

(D) Any period of delay resulting from an appeal under this	3203
section shall be excluded in deciding any issue regarding denial	3204
of a speedy trial unless an appropriate authority determines that	3205
the appeal was filed solely for the purpose of delay with the	3206
knowledge that it was totally frivolous and without merit.	3207

Sec. 5924.63. (A) If the convening authority disapproves the	3208
findings and sentence of a court-martial he may, except where	3209
there is lack of sufficient evidence in the record to support the	3210
findings, order a rehearing. In such a case he shall state the	3211
reasons for disapproval. If he disapproves the findings and	3212
sentence and does not order a rehearing, he shall dismiss the	3213
charges.	3214

(B) Each rehearing ordered pursuant to section 5924.60 of the	3215
Revised Code or by the court of military appeals shall take place	3216
before a court-martial composed of members who were not members of	3217
the court-martial whichthat first heard the case. Upon a	3218
rehearing the accused may not be tried for any offense of which he	3219
the accused was found not guilty by the first court-martial, and	3220
no sentence in excess of or more severe than the original sentence	3221
may be imposed,approved unless the sentence is based upon a	3222
finding of guilty of an offense not considered upon the merits in	3223
the original proceedings, or unless the sentence prescribed for	3224
the offense is mandatory. If the sentence approved after the first	3225
court-martial was in accordance with a pretrial agreement and the	3226
accused at the rehearing changes the accused's plea with respect	3227
to the charges or specifications upon which the pretrial agreement	3228
was based or otherwise does not comply with the pretrial	3229
agreement, the approved sentence as to those charges or	3230
specifications may include any punishment not in excess of the	3231
punishment lawfully adjudged at the first court-martial.	3232

Sec. 5924.64. (A) A judge advocate shall review pursuant to	3233
regulations prescribed by the adjutant general each case in which	3234
there has been a finding of guilty and in which no appeal is	3235
taken. A judge advocate may not review a case under this section	3236
if the judge advocate has acted in the same case as an accuser,	3237
investigating officer, member of the court, military judge, or	3238
counsel or has otherwise acted on behalf of the prosecution or	3239
defense. For each case reviewed under this section, the judge	3240
advocate shall issue written findings and recommendations that	3241
contain all of the following:	3242

(1) Conclusions as to whether the court had jurisdiction over	3243
the accused and the offense;	3244

(2) Conclusions as to whether the charge and specification	3245
stated an offense;	3246

(3) Conclusions as to whether the sentence was within the	3247
limits prescribed by law;	3248

(4) A response to each allegation of error made in writing by	3249
the accused;	3250

(5) If the case is sent for action under division (B) of this	3251
section, a recommendation as to the appropriate action to be taken	3252
and an opinion as to whether corrective action is required as a	3253
matter of law.	3254

(B) The record of trial and related documents in each case	3255
reviewed under division (A) of this section shall be sent for	3256
further action under division (C) of this section to the person	3257
exercising general court-martial jurisdiction over the accused at	3258
the time the court was convened or that person's successor in	3259
command if any of the following applies:	3260

(1) The judge advocate who reviewed the case recommends	3261
corrective action.	3262

(2) The sentence approved under division (C) of section	3263
5924.60 of the Revised Code includes dismissal, a bad-conduct or	3264
dishonorable discharge, or confinement for more than six months.	3265

(3) Regulations prescribed by the adjutant general require	3266
further review.	3267

(C) The person to whom the record of trial and related	3268
documents are sent under division (B) of this section may do any	3269
of the following:	3270

(1) Approve or disapprove the findings or sentence in whole	3271
or in part;	3272

(2) Remit, commute, or suspend the sentence in whole or in	3273
part;	3274

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

3275

(4) Dismiss the charges.

3276

(D) If a rehearing is ordered but the convening authority	3277
finds that a rehearing is impracticable, the convening authority	3278
shall dismiss the charges.	3279

(E) If the opinion of the judge advocate who reviews a case	3280
under division (A) of this section finds that corrective action is	3281
required as a matter of law and the person required to take action	3282
under division (B) of this section does not take action that is at	3283
least as favorable to the accused as that recommended by the judge	3284
advocate, the convening authority shall transmit the record of	3285
trial and action on that record to the state judge advocate for	3286
review.	3287

(F) The judge advocate who under this section reviews a case	3288
conducted by a general court-martial shall be the state judge	3289
advocate.	3290

Sec. 5924.65. If an accused files a notice of appeal, the	3291
convening authority shall transmit the record of trial and	3292
post-trial proceedings in the case to the state judge advocate for	3293
appropriate action. If the accused does not file a notice of	3294
appeal or files a notice of appeal and withdraws the appeal, then	3295
following completion of all post-trial review, the record of trial	3296
and related documents shall be transmitted and disposed of as the	3297
adjutant general may prescribe by regulation.	3298

Sec. 5924.66. (A) There is hereby created the court of	3299
military appeals. The court is a court of record and has exclusive	3300
jurisdiction of all appeals from courts-martial convened pursuant	3301
to this code. The court shall sit in Franklin county. All hearings	3302
conducted by the court shall be public.	3303

(B) The judges of the court of military appeals shall be	3304
military appellate judges appointed by the adjutant general. Each	3305
judge shall be a retired judge advocate officer who has previously	3306
served in the rank of colonel or above in either the Ohio army	3307
national guard or the Ohio air national guard. The judges shall	3308
sit in panels of not less than three members.	3309

(C) The adjutant general may make rules governing practice	3310
and procedure in the court of military appeals. The Rules of	3311
Appellate Procedure apply in proceedings in the court to the	3312
extent that they are not inconsistent with this code or with rules	3313
made by the adjutant general under this division.	3314

Sec. 5924.67.  A judge of the court of military appeals shall	3315
receive as compensation for each day of attendance on the business	3316
of the court an amount equal to the annual compensation of a judge	3317
of a court of appeals divided by the number of days in the	3318
calendar year. A judge who resides more than fifty miles from the	3319
location of the court also shall be reimbursed for the judge's	3320
actual and necessary expenses of traveling to and from the court	3321
to attend the business of the court.	3322

Sec. 5924.68.  The court of military appeals may subpoena	3323
witnesses, require the production of evidence, and punish for	3324
contempt in the same manner and to the same extent as a common	3325
pleas court.	3326

Sec. 5924.69.  Appeals from orders and judgments of the court	3327
of military appeals may be taken to the supreme court in the same	3328
manner and to the same extent as criminal appeals from orders and	3329
judgments of a court of appeals.	3330

Sec. 5924.70. (A) The state judge advocate shall detail one	3331
or more judge advocates as appellate government counsel and one or	3332
more judge advocates assigned to the United States army trial	3333
defense service or the United States air force area defense	3334
counsel as appellate defense counsel. Appellate counsel shall be	3335
members in good standing of the bar of this state and certified by	3336
the state judge advocate to be competent to act as appellate	3337
counsel.	3338

(B) Appellate government counsel shall represent the state in	3339
the court of military appeals. In a case arising under this code	3340
that is heard in the supreme court, appellate government counsel	3341
shall represent the state in the supreme court unless the attorney	3342
general elects to represent the state.	3343

(C) Appellate defense counsel shall represent the accused in	3344
the court of military appeals and the supreme court unless the	3345
accused elects to be represented by civilian counsel at the	3346
accused's own expense.	3347

(D) Appellate government and defense counsel shall perform	3348
any additional functions in connection with post-trial proceedings	3349
in court-martial cases that the state judge advocate directs.	3350

Sec. 5924.71. (A) If the sentence of a court-martial of a	3351
commissioned officer or cadet includes dismissal, that part of the	3352
sentence providing for dismissal may not be executed until it is	3353
approved by the adjutant general. The adjutant general may	3354
commute, remit, or suspend the sentence or any part of the	3355
sentence as the adjutant general sees fit. In time of war or	3356
national emergency, the adjutant general may commute a sentence of	3357
dismissal to reduction to any enlisted grade. A person so reduced	3358
may be required to serve for the duration of the war or emergency	3359
and for six months after the end of the war or emergency.	3360

(B)(1) If the sentence of a court-martial includes dismissal	3361
or dishonorable or bad-conduct discharge and the accused appeals	3362
to the court of military appeals, the dismissal or discharge part	3363
of the sentence may not be executed until the appellate process	3364
has been completed and, in case of dismissal, approval of the	3365
sentence by the adjutant general. The appellate process is	3366
completed when any of the following occurs:	3367

(a) The accused withdraws the appeal.

3368

(b) The court of military appeals renders a decision, and the	3369
time for filing a notice of appeal to the supreme court elapses	3370
without the accused having filed a notice of appeal.	3371

(c) The supreme court issues an order dismissing the appeal	3372
or entering judgment on the leave to appeal.	3373

(2) If the sentence of a court-martial includes dismissal or	3374
dishonorable or bad-conduct discharge and the accused fails to	3375
appeal to the court of military appeals, waives appellate review,	3376
or withdraws an appeal, the dismissal or discharge part of the	3377
sentence may not be executed until a judge advocate has reviewed	3378
the case and the convening authority has completed action in the	3379
review pursuant to section 5924.64 of the Revised Code. Any other	3380
part of a court-martial sentence may be ordered executed by the	3381
convening authority or other person acting on the case under	3382
section 5924.60 of the Revised Code.	3383

(C) The convening authority or other person taking action on	3384
a court-martial case under section 5924.60 of the Revised Code may	3385
suspend at any time the execution of any sentence or part of a	3386
sentence.	3387

Sec. 5924.72.  (A) An officer having special court-martial	3388
jurisdiction over a person whose sentence has been suspended may	3389
recommend vacation of the suspension of an approved sentence or	3390
part of a sentence that was imposed by a special court-martial and	3391
includes a bad-conduct discharge or that was imposed by a general	3392
court-martial.	3393

(B) Before the vacation ofvacating the suspension of a	3394
special court-martial sentence which as approved includes a bad	3395
conduct discharge, or of any general court-martialor part of a	3396
sentence under division (A) of this section, thean officer having	3397
special court-martial jurisdiction over the probationera person	3398
whose sentence has been suspended shall hold a hearing on the	3399
alleged violation of probationthe terms of suspension. The	3400
probationer shallperson has the right to be represented at the	3401
hearing by counsel if he so desires.	3402

(B)(C) The record of the hearing and the recommendation of	3403
the officer having special court-martial jurisdiction shall be	3404
sent for action to the governor in cases involving aofficer	3405
exercising general court-martial sentence and to the commanding	3406
officer of the force of the organized militia of which	3407
jurisdiction over the probationer is a member in all other cases	3408
covered by division (A) of this sectionperson whose sentence has	3409
been suspended. If the governor or commandingthat officer vacates	3410
the suspension, any unexecuted part of the sentence except a	3411
dismissal shall be executed, subject to applicable restrictions	3412
set forth in section 5924.71 of the Revised Code. A vacation of	3413
the suspension of a dismissal is not effective until it is	3414
approved by the adjutant general.	3415

(C)(D) The suspension of any other sentence may be vacated by	3416
any authority competent to convene, for the command in which the	3417
accused is serving or assigned, a court of the kind that imposed	3418
the sentence.	3419

Sec. 5924.73.  At any time within two years after approval by	3420
the convening authority of a court-martial sentence, the accused	3421
may petition the governoradjutant general for a new trial on the	3422
ground of newly discovered evidence or fraud on the court-martial.	3423
The adjutant general shall act upon the petition unless the case	3424
is pending before the court of military appeals or the supreme	3425
court, in which case the adjutant general shall refer the petition	3426
to the court in which the appeal is pending.	3427

Sec. 5924.74.  (A) AThe adjutant general, the state judge	3428
advocate when authorized by the adjutant general, or a convening	3429
authority may remit or suspend any part or amount of the	3430
unexecuted part of any sentence, including all uncollected	3431
forfeitures, other than a sentence approved by the governor or a	3432
superior convening authority.	3433

(B) The governoradjutant general may, for good cause,	3434
substitute an administrative form of discharge for a discharge or	3435
dismissal executed in accordance with the sentence of a	3436
court-martial.	3437

Sec. 5924.75.  (A) Under suchany regulations asthat the	3438
governoradjutant general may prescribe, all rights, privileges,	3439
and property affected by an executed part of a court-martial	3440
sentence whichthat has been set aside or disapproved, except an	3441
executed dismissal or discharge, shall be restored unless a new	3442
trial or rehearing is ordered and suchthe executed part of the	3443
sentence is included in a sentence imposed upon the new trial or	3444
rehearing.	3445

(B) If a previously executed sentence of dishonorable or bad	3446
conduct discharge is not imposed on a new trial, the governor	3447
adjutant general shall substitute therefor a form of discharge	3448
authorized for administrative issuance unless the accused is to	3449
serve out the remainder of histhe accused's enlistment.	3450

(C) If a previously executed sentence of dismissal is not	3451
imposed on a new trial, the governoradjutant general shall	3452
substitute therefor a form of discharge authorized for	3453
administrative issue, and the commissioned officer dismissed by	3454
that sentence may be reappointed by the governoradjutant general	3455
alone to such commissioned grade and with such rank as in the	3456
opinion of the governoradjutant general that former officer would	3457
have attained had hethe former officer not been dismissed. The	3458
reappointment of such a former officer mayshall be made if	3459
without regard to the existence of a position vacancy is available	3460
under applicable tablesand shall affect the promotion status of	3461
organizationother officers only to the extent directed by the	3462
adjutant general. All time between the dismissal and the	3463
reappointment shall be considered as service for all purposes	3464
including the right to pay and allowances.	3465

(D) Pursuant to regulations prescribed by the adjutant	3466
general, an accused who has been sentenced by a court-martial may	3467
be required to take leave pending completion of action under this	3468
code if the sentence, as approved under section 5924.60 of the	3469
Revised Code, includes an unsuspended dismissal or an unsuspended	3470
dishonorable or bad-conduct discharge. The accused may be required	3471
to begin leave on the date on which the sentence is approved or at	3472
any time after that date. Leave may be continued until the date on	3473
which action is completed or may be terminated at any earlier	3474
time.	3475

Sec. 5924.76.  The appellate review of records of trial	3476
pursuant to this code, the proceedings, findings, and sentences of	3477
courts-martial as reviewed and approved, as required byreviewed,	3478
or affirmed pursuant to this code, and all dismissals and	3479
discharges carried into execution under sentences by	3480
courts-martial following review and approval, as required by	3481
review, or affirmation pursuant to this code, are final and	3482
conclusive. Orders publishing the proceedings of courts-martial	3483
and all action taken pursuant to those proceedings are binding	3484
upon all departments, courts, agencies, and officers of the state,	3485
subject only to action upon a petition for a new trial as provided	3486
in section 5924.73 of the Revised Code and to action by the	3487
adjutant general under section 5924.74 of this codethe Revised	3488
Code.	3489

Sec. 5924.761.  Pursuant to regulations prescribed by the	3490
adjutant general, an accused who has been sentenced by a	3491
court-martial may be required to take leave pending completion of	3492
action under sections 5924.59 to 5924.761 of the Revised Code if	3493
the sentence, as approved under section 5924.60 of the Revised	3494
Code, includes an unsuspended dismissal or an unsuspended	3495
dishonorable or bad-conduct discharge. The accused may be required	3496
to begin the leave on the date on which the sentence is approved	3497
under section 5924.60 of the Revised Code or at any time after	3498
that date, and the leave may be continued until the date on which	3499
action under sections 5924.59 to 5924.761 of the Revised Code is	3500
terminated or completed.	3501

Sec. 5924.77.  Any person subject to this code is a principal	3502
whoif the person does either of the following:	3503

(A) Commits an offense punishable by this code, or aids,	3504
abets, counsels, commands, or procures its commission;	3505

(B) Causes an act to be done which if directly performed by	3506
himthe person would be punishable by this code.	3507

Sec. 5924.78.  Any person subject to this code who, knowing	3508
that an offense punishable by this code has been committed,	3509
receives, comforts, or assists the offender in order to hinder or	3510
prevent histhe offender's apprehension, trial, or punishment	3511
shall be punished as a court-martial may direct.	3512

Sec. 5924.82.  (A) Any person subject to this code who	3513
solicits or advises another or others to desert in violation of	3514
section 5924.85 of the Revised Code and of this code or mutiny in	3515
violation of section 5924.94 of the Revised Code and of this code	3516
shall, if the offense solicited or advised is attempted or	3517
committed, be punished with the punishment provided for the	3518
commission of the offense, but, if the offense solicited or	3519
advised is not committed or attempted, hethe person shall be	3520
punished as a court-martial may direct.	3521

(B) Any person subject to this code who solicits or advises	3522
another or others to commit an act of misbehavior before the enemy	3523
in violation of section 5924.99 of the Revised Code and of this	3524
code or sedition in violation of section 5924.94 of the Revised	3525
Code and of this code shall, if the offense solicited or advised	3526
is committed, be punished with the punishment provided for the	3527
commission of the offense, but, if the offense solicited or	3528
advised is not committed, hethe person shall be punished as a	3529
court-martial may direct.	3530

Sec. 5924.83.  Any person who does either of the following	3531
shall be punished as a court-martial may direct:	3532

(A) Procures histhe person's own enlistment or appointment	3533
in the organized militia by knowingly false representation or	3534
deliberate concealment as to histhe person's qualifications for	3535
that enlistment or appointment and receives pay or allowances	3536
thereunder; or	3537

(B) Procures histhe person's own separation from the	3538
organized militia by knowingly false representation or deliberate	3539
concealment as to histhe person's eligibility for that	3540
separation;	3541

shall be punished as a court-martial may direct.	3542

Sec. 5924.84.  Any person subject to this code who effects an	3543
enlistment or appointment in or a separation from the organized	3544
militia of any person who is known to himthe person to be	3545
ineligible for that enlistment, appointment, or separation because	3546
it is prohibited by law, regulation, or order shall be punished as	3547
a court-martial may direct.	3548

Sec. 5924.85.  (A) Any member of the organized militia who	3549
does any of the following is guilty of desertion:	3550

(1) Without authority goes or remains absent from histhe	3551
member's unit, organization, or place of duty with intent to	3552
remain away therefromfrom the unit, organization, or place of	3553
duty permanently;	3554

(2) Quits histhe member's unit, organization, or place of	3555
duty with intent to avoid hazardous duty or to shirk important	3556
service; or	3557

(3) Without being regularly separated from one of the forces	3558
of the organized militia enlists or accepts an appointment in the	3559
same or another one of the forces of the organized militia without	3560
fully disclosing the fact that hethe member has not been	3561
regularly separated;	3562

is guilty of desertion	3563

(4) Without being regularly separated from one of the forces	3564
of the organized militia enters any foreign armed services without	3565
the authorization of the United States.	3566

(B) Any commissioned officer of the organized militia who,	3567
after tender of histhe commissioned officer's resignation and	3568
before notice of its acceptance, quits histhe commissioned	3569
officer's post or proper duties without leave and with intent to	3570
remain away therefrom permanently is guilty of desertion.	3571

(C) Any person found guilty of desertion or attempt to desert	3572
shall be punished, if the offense is committed in time of war, by	3573
death or such other punishment as a court-martial may direct, but	3574
if the desertion or attempt to desert occurs at any other time, by	3575
such punishment, other than death, as a court-martial may direct.	3576

Sec. 5924.86.  Any person subject to this code who, without	3577
authority, does any of the following shall be punished as a	3578
court-martial may direct:	3579

(A) Fails to go to histhe person's appointed place of duty	3580
at the time prescribed;	3581

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

3582

(C) Absents himselfself or remains absent from histhe	3583
person's unit, organization, or place of duty at which hethe	3584
person is required to be at the time prescribed; shall be punished	3585
as a court-martial may direct.	3586

Sec. 5924.87.  Any person subject to this code who through	3587
neglect or design misses the movement of a ship, aircraft, or unit	3588
with which hethe person is required in the course of duty to move	3589
shall be punished as a court-martial may direct.	3590

Sec. 5924.88.  Any person subject to this codecommissioned	3591
officer who uses contemptuous words against the president, the	3592
governor, or the legislature, or the governor or legislature of	3593
anythis state, territory, commonwealth, or possession wherein	3594
that person may be serving, shall be punished as a court-martial	3595
may direct.	3596

Sec. 5924.89.  Any person subject to this code who behaves	3597
with disrespect toward histhe person's superior commissioned	3598
officer shall be punished as a court-martial may direct.	3599

Sec. 5924.90.  Any person subject to this code who does	3600
either of the following shall be punished as a court-martial may	3601
direct:	3602

(A) Strikes histhe person's superior commissioned officer or	3603
draws or lifts up any weapon or offers any violence against him	3604
the person's superior commissioned officer while hethat officer	3605
is in the execution of his officeofficial duties; or	3606

(B) Willfully disobeys a lawful command of histhe person's	3607
superior commissioned officer;	3608

shall be punished as a court-martial may direct.	3609

Sec. 5924.91.  Any warrant officer or enlisted member who	3610
does any of the following shall be punished as a court-martial may	3611
direct:	3612

(A) Strikes or assaults a warrant officer,or noncommissioned	3613
officer, or petty officer, while that officer is in the execution	3614
of his officeofficial duties;	3615

(B) Willfully disobeys the lawful order of a warrant officer,	3616
or noncommissioned officer, or petty officer; or	3617

(C) Treats with contempt or is disrespectful in language or	3618
deportment toward a warrant officer,or noncommissioned officer,	3619
or petty officer, while that officer is in the execution of his	3620
office;	3621

shall be punished as a court-martial may direct official duties.	3622

Sec. 5924.92.  Any person subject to this code who does any	3623
of the following shall be punished as a court-martial may direct:	3624

(A) Violates or fails to obey any lawful general order or	3625
regulation;	3626

(B) Having knowledge of any other lawful order issued by a	3627
member of the organized militia, which itthat is histhe person's	3628
duty to obey, fails to obey the order; or	3629

(C) Is derelict in the performance of histhe person's	3630
duties;	3631

shall be punished as a court-martial may direct.	3632

Sec. 5924.93.  Any person subject to this code who is guilty	3633
of cruelty toward, or oppression or maltreatment of, any other	3634
person subject to histhe person's orders shall be punished as a	3635
court-martial may direct.	3636

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

3637

(1) With, with intent to usurp or override lawful military	3638
authority, refuses, in concert with any other person, to obey	3639
orders or otherwise do histhe person's duty or creates any	3640
violence or disturbance is guilty of mutiny;.	3641

(2) WithAny person subject to this code who, with intent to	3642
cause the overthrow or destruction of lawful civil authority,	3643
creates, in concert with any other person, revolt, violence, or	3644
other disturbance against that authority is guilty of sedition;.	3645

(3) FailsAny person subject to this code who fails to do his	3646
the person's utmost to prevent and suppress a mutiny or sedition	3647
being committed in histhe person's presence, or fails to take all	3648
reasonable means to inform histhe person's superior commissioned	3649
officer or commanding officer of a mutiny or sedition which he	3650
that the person knows or has reason to believe is taking place, is	3651
guilty of a failure to suppress or report a mutiny or sedition.	3652

(B) A person who is found guilty of attempted mutiny, mutiny,	3653
sedition, or failure to suppress or report a mutiny or sedition	3654
shall be punished by death or such other punishment as a	3655
court-martial may direct.	3656

Sec. 5924.95.  Any person subject to this code who resists	3657
apprehension or, flees from apprehension, breaks arrest, or who	3658
escapes from physical restraint lawfully imposedcustody or	3659
confinement shall be punished as a court-martial may direct.	3660

Sec. 5924.96.  Any person subject to this code who, without	3661
proper authority, releases any prisoner committed to histhe	3662
person's charge, or who through neglect or design suffers any such	3663
prisoner committed to the person's charge to escape, shall be	3664
punished as a court-martial may direct, whether or not the	3665
prisoner was committed in strict compliance with law.	3666

Sec. 5924.97.  Any person subject to this code, who, except	3667
as provided by law or regulation, apprehends, arrests, or confines	3668
any person shall be punished as a court-martial may direct.	3669

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

3670

(A) Isis responsible for unnecessary delay in the	3671
disposition of any case of a person accused of an offense under	3672
this code; or	3673

(B) Knowinglywho knowingly and intentionally fails to	3674
enforce or comply with any provision of this code regulating the	3675
proceedings before, during, or after trial of an accused;	3676

shall be punished as a court-martial may direct.	3677

Sec. 5924.103.  (A) All persons subject to this code shall	3678
secure all public property taken from the enemy for the service of	3679
the United States,and this state and shall give notice and turn	3680
over to the proper authority without delay all captured or	3681
abandoned property in their possession, custody, or control.	3682

(B) Any person subject to this code who does any of the	3683
following shall be punished as a court-martial may direct:	3684

(1) Fails to carry out the duties prescribed in division (A)	3685
of this section;	3686

(2) Buys, sells, trades, or in any way deals in or disposes	3687
of captured or abandoned property, whereby hethe person receives	3688
or expects any profit, benefit, or advantage to himselfself or	3689
another directly or indirectly connected with himselfself; or	3690

(3) Engages in looting or pillaging;

3691

shall be punished as a court-martial may direct.	3692

Sec. 5924.108.  Any person subject to this code who, without	3693
proper authority, does any of the following with regard to any	3694
military property of the United States or of this state shall be	3695
punished as a court-martial may direct:	3696

(A) Sells or otherwise disposes of the property;

3697

(B) Willfully or through neglect damages, destroys, or loses	3698
the property; or	3699

(C) Willfully or through neglect suffers to be lost, damaged,	3700
destroyed, sold, or wrongfully disposed of;	3701

any military property of the United States or of the state, shall	3702
be punished as a court-martial may direct the property.	3703

Sec. 5924.109.  Any person subject to this code who, while in	3704
a duty status, willfully or recklessly wastes, spoils, or	3705
otherwise willfully and wrongfully destroys or damages any	3706
property other than military property of the United States or of	3707
the state shall be punished as a court-martial may direct.	3708

Sec. 5924.111. Any(A) Subject to division (B) of this	3709
section, any person subject to this code who operatesdoes any of	3710
the following shall be punished as a court-martial may direct:	3711

(1) Operates or physically controls any vehicle while drunk,	3712
or, aircraft, or vessel in a reckless or wanton manner, shall be	3713
punished as a court-martial may direct;	3714

(2) Operates or physically controls any vehicle, aircraft, or	3715
vessel while under the influence of alcohol, a drug of abuse, or a	3716
combination of them;	3717

(3) Operates or physically controls any vehicle, aircraft, or	3718
vessel while having in the person's whole blood, blood serum or	3719
plasma, breath, or urine the minimum concentrations of alcohol set	3720
forth in divisions (A)(1)(b) to (A)(1)(i) of section 4511.19 of	3721
the Revised Code;	3722

(4) Operates or physically controls any vehicle, aircraft, or	3723
vessel while having in the person's whole blood, blood serum or	3724
plasma, or urine the concentrations of controlled substances or	3725
metabolites of a controlled substance set forth in division	3726
(A)(1)(j) of section 4511.19 of the Revised Code.	3727

(B) If a military installation is located partially in this	3728
state and partially in one or more other states, the adjutant	3729
general may select the alcohol and controlled substance levels set	3730
forth in the impaired operating laws of one of the other states to	3731
apply on the installation in place of the levels set forth in	3732
division (A) of this section.	3733

Sec. 5924.1121.  (A) As used in this section, "prohibited	3734
substance" means any of the following:	3735

(1) Opium, heroin, cocaine, amphetamine, lysergic acid	3736
diethylamide, methamphetamine, phencyclidine, barbituric acid, or	3737
marihuana or any compound or derivative of any of those	3738
substances;	3739

(2) Any substance not specified in division (A)(1) of this	3740
section that the adjutant general lists on a schedule of	3741
controlled substances or that is listed on a schedule established	3742
under section 202 of the Federal Controlled Substances Act, 21	3743
U.S.C. 812, 84 Stat. 1247, as amended.	3744

(B) A person subject to this code who wrongfully uses,	3745
possesses, manufactures, distributes, imports into the customs	3746
territory of the United States, exports from the United States, or	3747
introduces into an installation, vessel, vehicle, or aircraft used	3748
by or under the control of the armed forces of the United States	3749
or of the organized militia a prohibited substance shall be	3750
punished as a court-martial may direct.	3751

Sec. 5924.113.  Any sentinel or lookout who is found drunk or	3752
sleeping on histhe sentinel's or lookout's post, or leaves it	3753
before hethe sentinel or lookout is regularly relieved, shall be	3754
punished, if the offense is committed in time of war, by death or	3755
such other punishment as a court-martial may direct, but if the	3756
offense is committed at any other time, by such punishment other	3757
than death as a court-martial may direct.	3758

Sec. 5924.115.  Any person subject to this code who for the	3759
purpose of avoiding work, duty, or service in the organized	3760
militia does either of the following shall be punished as a	3761
court-martial may direct:	3762

(A) Feigns illness, physical disablement, mental lapse, or	3763
derangement; or	3764

(B) Intentionally inflicts self-injury;

3765

shall be punished as a court-martial may direct.	3766

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

3767

(1) "Affirmative defense" means any special defense that,	3768
although not denying that the accused committed the objective acts	3769
constituting the offense charged, denies, in whole or in part,	3770
criminal responsibility for those acts.	3771

(2) "Bodily harm" means any offensive touching of another,	3772
however slight, that does not result in grievous bodily harm.	3773

(3) "Consent" means words or overt acts indicating a freely	3774
given agreement to the sexual conduct at issue by a competent	3775
person.	3776

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

3777

(a) Any firearm, whether loaded or not and whether operable	3778
or not;	3779

(b) Any other weapon, device, instrument, material, or	3780
substance, whether animate or inanimate, that as used or intended	3781
to be used is known to be capable of producing death or grievous	3782
bodily harm;	3783

(c) Any object fashioned or used in such a manner as to lead	3784
a person on whom the object is used or threatened to be used to	3785
reasonably believe under the circumstances that the object is	3786
capable of producing death or grievous bodily harm.	3787

(5) "Force" means action to compel submission of another or	3788
to overcome or prevent another's resistance by either of the	3789
following:	3790

(a) The use, display, or suggestion of possession of a	3791
dangerous weapon or object;	3792

(b) Physical violence, strength, power, or restraint applied	3793
to another person sufficient to prevent the other person from	3794
avoiding or escaping sexual contact.	3795

(6) "Grievous bodily harm" means serious bodily injury,	3796
including but not limited to fractured or dislocated bones, deep	3797
cuts, torn members of the body, and serious damage to internal	3798
organs.	3799

(7) "Indecent conduct" means that form of immorality relating	3800
to sexual impurity that is grossly vulgar, obscene, and repugnant	3801
to common propriety and tends to excite sexual desire or deprave	3802
morals with respect to sexual relations. Indecent conduct includes	3803
observing or making a videotape, photograph, motion picture,	3804
print, negative, slide, or other mechanically, electronically, or	3805
chemically reproduced visual material, without another person's	3806
consent and contrary to that other person's reasonable expectation	3807
of privacy, of either of the following:	3808

(a) That other person's genitalia, anus, or buttocks, or, if	3809
that other person is female, that person's areola or nipple;	3810

(b) That other person while that other person is engaged in a	3811
sexual act, sexual contact, or sodomy.	3812

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

3813

(a) Physical injury to the person or property of a person	3814
other than the victim of the offense;	3815

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

3816

(i) Accuse any person of a crime;

3817

(ii) Expose a secret or publicize an asserted fact, whether	3818
true or false, tending to subject some person to hatred, contempt,	3819
or ridicule;	3820

(iii) Through the use or abuse of military position, rank, or	3821
authority, to affect or threaten to affect, either positively or	3822
negatively, the military career of some person.	3823

(9) "Mistake of fact as to consent" means a belief that is	3824
incorrect, as a result of ignorance or mistake, that a person	3825
engaging in sexual conduct consented to engage in that conduct, if	3826
both of the following apply:	3827

(a) The ignorance or mistake existed in the mind of the	3828
accused at the time the sexual conduct in issue occurred and was	3829
based on information or lack of information that would have	3830
indicated to a reasonable person that the other person consented;	3831

(b) The ignorance or mistake was not based on the accused's	3832
failure to discover facts that a reasonably careful person would	3833
have discovered under the same or similar circumstances.	3834

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

3835

(a) Contact between the penis and the vulva, including any	3836
penetration, however slight;	3837

(b) Anal intercourse, fellatio, and cunnilingus between	3838
persons, regardless of sex;	3839

(c) The penetration, however slight, of the genital opening	3840
of another by a hand or finger or any object with an intent to	3841
abuse, humiliate, harass, or degrade any person or to arouse or	3842
gratify the sexual desire of any person.	3843

(11) "Sexual contact" means the intentional touching, either	3844
directly or through clothing, of the genitalia, anus, groin,	3845
breast, inner thigh, or buttocks of another person with an intent	3846
to abuse, humiliate, or degrade any person or to arouse or gratify	3847
the sexual desire of any person.	3848

(12) "Sexual conduct" means any act that is prohibited by	3849
this section.	3850

(13)(a) For purposes of divisions (B) and (D) of this	3851
section, "threatening or placing that other person in fear" means	3852
making a communication or performing an action of sufficient	3853
consequence to cause that other person to reasonably fear that	3854
noncompliance will result in that person or another being	3855
subjected to death, grievous bodily harm, or kidnapping.	3856

(b) For purposes of divisions (C) and (E) of this section,	3857
"threatening or placing that other person in fear" means making a	3858
communication or performing an action of sufficient consequence to	3859
cause a victim of the offense to reasonably fear that	3860
noncompliance will result in the victim or another being subjected	3861
to a lesser degree of harm than death, grievous bodily harm, or	3862
kidnapping.	3863

(B) Any person subject to this chapter who causes another	3864
person of any age to engage in a sexual act by doing any of the	3865
following is guilty of rape and shall be punished as a	3866
court-martial may direct:	3867

(1) Using force against that other person;

3868

(2) Causing grievous bodily harm to any person;

3869

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

3870

(4) Rendering another person unconscious;

3871

(5) Administering to another person by force or threat of	3872
force, or without the knowledge or permission of that person, a	3873
drug, intoxicant, or other similar substance that substantially	3874
impairs the ability of that other person to appraise or control	3875
conduct.	3876

(C) Any person subject to this chapter who does either of the	3877
following is guilty of aggravated sexual assault and shall be	3878
punished as a court-martial may direct:	3879

(1) Causes another person of any age to engage in a sexual	3880
act by doing either of the following:	3881

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

3882

(b) Causing bodily harm.

3883

(2) Engages in a sexual act with another person of any age if	3884
that other person is substantially incapable of doing any of the	3885
following:	3886

(a) Appraising the nature of the sexual act;

3887

(b) Declining to participate in the sexual act;

3888

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

3889

(D) Any person subject to this chapter who engages in sexual	3890
contact or causes sexual contact with or by another person by	3891
doing any of the following is guilty of aggravated sexual contact	3892
and shall be punished as a court-martial may direct:	3893

(1) Using force against that other person;

3894

(2) Causing grievous bodily harm to any person;

3895

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

3896

(4) Rendering another person unconscious;

3897

(5) Administering to another person by force or threat of	3898
force, or without the knowledge or permission of that person, a	3899
drug, intoxicant, or other similar substance that substantially	3900
impairs the ability of that other person to appraise or control	3901
conduct.	3902

(E) Any person subject to this chapter who does either of the	3903
following is guilty of abusive sexual contact and shall be	3904
punished as a court-martial may direct:	3905

(1) Engages in or causes sexual contact with or by another	3906
person by doing either of the following:	3907

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

3908

(b) Causing bodily harm.

3909

(2) Engages in sexual contact with another person of any age	3910
if that other person is substantially incapable of doing any of	3911
the following:	3912

(a) Appraising the nature of the sexual contact;

3913

(b) Declining to participate in the sexual contact;

3914

(c) Communicating unwillingness to engage in the sexual	3915
contact.	3916

(F) Any person subject to this chapter who engages in	3917
indecent conduct is guilty of an indecent act and shall be	3918
punished as a court-martial may direct.	3919

(G) Any person subject to this chapter who, without legal	3920
justification or lawful authorization, engages in sexual contact	3921
with another person without that other person's permission is	3922
guilty of wrongful sexual contact and shall be punished as a	3923
court-martial may direct.	3924

(H) Any person subject to this chapter who intentionally	3925
exposes, in an indecent manner, in any place where the conduct	3926
involved may reasonably be expected to be viewed by people other	3927
than members of the person's family or household, the person's	3928
genitalia, anus, buttock, or female areola or nipple is guilty of	3929
indecent exposure and shall be punished as a court-martial may	3930
direct.	3931

(I)In a prosecution under this section, in proving that the	3932
accused made a threat, it need not be proven that the accused	3933
actually intended to carry out the threat.	3934

(J)(1) In a prosecution under division (C)(2), (G), or (H) of	3935
this section, it is an affirmative defense that the accused and	3936
the other person, when they engaged in the sexual conduct were	3937
married to each other.	3938

(2) Division (J)(1) of this section does not apply if the	3939
accused's intent at the time of the sexual conduct is to abuse,	3940
humiliate, or degrade any person.	3941

(K)(1) Lack of permission is an element of the offense under	3942
division (G) of this section. Consent and mistake of fact as to	3943
consent are affirmative defenses only to the sexual conduct in	3944
issue in a prosecution under division (B), (C), (D), or (E) of	3945
this section.	3946

(2) The enumeration in this section of some affirmative	3947
defenses shall not be construed as excluding the existence of	3948
other affirmative defenses.	3949

(3) The accused has the burden of proving an affirmative	3950
defense by a preponderance of evidence. After the defense meets	3951
this burden, the prosecution has the burden of proving beyond a	3952
reasonable doubt that the affirmative defense did not exist.	3953

(L)(1) An expression of lack of consent through words or	3954
conduct means there is no consent. Lack of verbal or physical	3955
resistance or submission resulting from an accused's use of force,	3956
threat of force, or placing another person in fear does not	3957
constitute consent. A current or previous dating relationship by	3958
itself or the manner of dress of a person involved with the	3959
accused in the sexual conduct does not constitute consent.	3960

(2) A person cannot consent to sexual conduct if the person	3961
is substantially incapable of any of the following:	3962

(a) Appraising the nature of the sexual conduct due to mental	3963
impairment or unconsciousness resulting from consumption of	3964
alcohol, drugs, or a similar substance or any other cause or to	3965
mental disease or defect that renders the person unable to	3966
understand the nature of the sexual conduct;	3967

(b) Physically declining to participate in the sexual	3968
conduct;	3969

(c) Physically communicating unwillingness to engage in the	3970
sexual conduct.	3971

(M) An accused's state of intoxication, if any, at the time	3972
of an offense under this section occurs is not relevant to the	3973
existence of a mistake of fact as to consent.	3974

Sec. 5924.128.  (A) Any person subject to this code who	3975
attempts or offers with unlawful force or violence to do bodily	3976
harm to another person, whether or not the attempt or offer is	3977
consummated, is guilty of assault and shall be punished as a	3978
court-martial may direct.	3979

(B) Any person subject to this code who does either of the	3980
following is guilty of aggravated assault and shall be punished as	3981
a court-martial may direct:	3982

(1) Commits an assault with a dangerous weapon or other means	3983
or force likely to produce death or grievous bodily harm; or	3984

(2) Commits an assault and intentionally inflicts grievous	3985
bodily harm with or without a weapon;	3986

is guilty of aggravated assault and shall be punished as a	3987
court-martial may direct.	3988

Sec. 5924.131.  Any person subject to this code who, in a	3989
judicial proceeding or in a course of justice conducted under this	3990
code, willfully and corruptly gives, upondoes either of the	3991
following is guilty of perjury and shall be punished as a	3992
court-martial may direct:	3993

(A) Upon a lawful oath or in any form allowed by law to be	3994
substituted for an oath, gives any false testimony material to the	3995
issue or matter of inquiry is guilty of perjury and shall be	3996
punished as a court-martial may direct;	3997

(B) In any declaration, certification, verification, or	3998
statement made under penalty of perjury subscribes any false	3999
statement material to the issue or matter of inquiry.	4000

Sec. 5924.132.  Any person subject to this code who does any	4001
of the following shall be punished as a court-martial may direct:	4002

(A) Who, knowing itKnowing a claim to be false or fraudulent	4003
does either of the following:	4004

(1) Makes any claim against the United States, the state, or	4005
any officer thereofof the United States or the state; or	4006

(2) Presents to any person in the civil or military service	4007
thereofof the United States or the state, for approval or	4008
payment, any claim against the United States, the state, or any	4009
officer thereofof the United States or the state;	4010

(B) Who, forFor the purpose of obtaining the approval,	4011
allowance, or payment of any claim against the United States, the	4012
state, or any officer thereofof the United States or the state	4013
does any of the following:	4014

(1) Makes or uses any writing or other paper knowing it to	4015
contain any false or fraudulent statements;	4016

(2) Makes any oath to any fact or to any writing or other	4017
paper knowing the oath to be false; or	4018

(3) Forges or counterfeits any signature upon any writing or	4019
other paper, or uses any suchforged or counterfeit signature	4020
knowing it to be forged or counterfeited;	4021

(C) Who, havingHaving charge, possession, custody, or	4022
control of any money, or other property of the United States or	4023
the state, furnished or intended for the armed forces of the	4024
United States or the organized militia or any force thereof,	4025
knowingly delivers to any person having authority to receive it,	4026
any amount thereof less than that for which hethe person making	4027
the delivery receives a certificate or receipt; or	4028

(D) Who, beingBeing authorized to make or deliver any paper	4029
certifying the receipt of any property of the United States or the	4030
state, furnished or intended for the armed forces of the United	4031
States or the organized militia or any force thereof, makes or	4032
delivers to any person such writing without having full knowledge	4033
of the truth of the statements therein contained and with intent	4034
to defraud the United States or the state;	4035

shall, upon conviction, be punished as a court-martial may direct.	4036

Sec. 5924.133.  Any commissioned officer who is convicted of	4037
conduct unbecoming an officer and a lady or gentleman shall be	4038
punished as a court-martial may direct.	4039

Sec. 5924.146.  No person may be tried or punished for any	4040
offense provided for in sections 5924.77 to 5924.134, inclusive,	4041
of the Revised Code and of this code, unless it was committed	4042
while hethe person was in a military or national guard technician	4043
duty status.	4044

Section 2. That existing sections 124.23, 124.26, 3319.085,	4045
3737.881, 3781.10, 5321.04, 5903.10, 5903.11, 5911.07, 5923.12,	4046
5924.01, 5924.02, 5924.03, 5924.06, 5924.07, 5924.08, 5924.09,	4047
5924.10, 5924.11, 5924.13, 5924.14, 5924.15, 5924.16, 5924.17,	4048
5924.18, 5924.19, 5924.20, 5924.22, 5924.23, 5924.24, 5924.25,	4049
5924.26, 5924.27, 5924.28, 5924.29, 5924.30, 5924.31, 5924.32,	4050
5924.33, 5924.34, 5924.35, 5924.36, 5924.37, 5924.38, 5924.39,	4051
5924.41, 5924.42, 5924.43, 5924.44, 5924.45, 5924.46, 5924.47,	4052
5924.48, 5924.49, 5924.50, 5924.51, 5924.52, 5924.54, 5924.56,	4053
5924.57, 5924.58, 5924.59, 5924.60, 5924.63, 5924.72, 5924.73,	4054
5924.74, 5924.75, 5924.76, 5924.77, 5924.78, 5924.82, 5924.83,	4055
5924.84, 5924.85, 5924.86, 5924.87, 5924.88, 5924.89, 5924.90,	4056
5924.91, 5924.92, 5924.93, 5924.94, 5924.95, 5924.96, 5924.97,	4057
5924.98, 5924.103, 5924.108, 5924.109, 5924.111, 5924.113,	4058
5924.115, 5924.128, 5924.131, 5924.132, 5924.133, and 5924.146 and	4059
sections 5924.04, 5924.12, 5924.21, 5924.61, 5924.62, 5924.64,	4060
5924.65, 5924.66, 5924.70, 5924.71, 5924.99, 5924.100, 5924.101,	4061
5924.102, 5924.104, 5924.105, 5924.106, 5924.110, 5924.114,	4062
5924.118, 5924.119, 5924.120, 5924.122, 5924.1231, 5924.124,	4063
5924.125, 5924.126, 5924.129, 5924.130, 5924.145, and 5924.147	4064
of the Revised Code are hereby repealed.	4065