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This entry was published on 2014-09-22
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Jurisdiction to try certain personnel
Military (MIL) CHAPTER 36, ARTICLE 7, PART 1
§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the
provisions of section 130.43, any person subject to this code who is
charged with having committed an offense against this code while serving
during a prior enlistment in a force of the organized militia shall not
be relieved from amenability to trial by court-martial by reason of the
termination of said prior enlistment, if such person re-enlisted in any
force of the organized militia not more than one day after the date of
termination of the prior enlistment.

(b) All persons discharged from the organized militia subsequently
charged with having fraudulently obtained said discharge shall, subject
to the provisions of section 130.43, be subject to trial by
court-martial on said charge and after apprehension, shall be subject to
this code. Upon conviction of said charge they shall be subject to trial
by court-martial for all offenses under this code committed prior to the
fraudulent discharge.

(c) Any person who has deserted from the organized militia shall not
be relieved from amenability to the jurisdiction of this code by virtue
of a separation from any subsequent period of service.

(d) In the case of persons charged with absence without leave under
section 130.82 of this article, in personam jurisdiction of special
courts-martial with powers to adjudge a bad-conduct discharge can be
obtained over such persons by any method of personal service sufficient
for personal jurisdiction under the provisions of section three hundred
eight of the civil practice law and rules; provided that diligent
efforts have been made to deliver the charges to such persons. In all
cases where personal jurisdiction is obtained by service in accordance
with the provisions of this section, the special courts-martial shall
not have the power to adjudge confinement.