[Rev. 11/21/2013 11:29:48 AM--2013]

TITLE 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES

CHAPTER 412 - STATE MILITIA

GENERAL PROVISIONS

NRS 412.012           Definitions.

NRS 412.014           “Office” defined.

NRS 412.016           “Office regulations” defined.

NRS 412.018           “Officer” defined.

NRS 412.022           “Reservists” defined.

NRS 412.024           “Volunteers” defined.

COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS

NRS 412.026           Composition of militia.

NRS 412.032           Powers and duties of officers; administration of oaths.

NRS 412.034           Governor as Commander in Chief; regulations.

NRS 412.036           Applicability of custom and usage of United States Army and United States Air Force.

NRS 412.038           Service of Nevada National Guard outside State.

ADJUTANT GENERAL

NRS 412.042           Military staff of Governor.

NRS 412.044           Appointment; term; qualifications; grade.

NRS 412.046           Restriction on holding other office of profit.

NRS 412.048           Duties; employees.

NRS 412.052           Additional duties; seal.

NRS 412.054           Assistant Adjutants General.

NRS 412.056           Acting Adjutant General.

NRS 412.058           United States Property and Fiscal Officer.

NRS 412.062           Attorney General as military legal adviser.

OFFICE OF THE MILITARY

NRS 412.064           Establishment; powers; duties.

NRS 412.066           Enumeration of powers and duties not exclusive.

NRS 412.068           Adjutant General as Director of Office.

NRS 412.072           Organization of Office.

NRS 412.074           Army and air technicians.

NRS 412.076           Status of members of militia and employees on active duty.

NRS 412.082           Drawing warrants.

NRS 412.084           Receipt and disposition of certain federal money.

NRS 412.086           Deposits in State General Fund and Permanent School Fund.

NRS 412.088           Promotion of practice with rifle and pistol.

ARMORIES; PROPERTY

NRS 412.092           “Armory” defined.

NRS 412.094           Control of armory and property; regulations for armories.

NRS 412.096           Insurance against loss and mysterious disappearance of equipment and supplies.

NRS 412.098           Armory and arsenal: Duties of State Public Works Division of Department of Administration.

NRS 412.102           Armory: Provision; maintenance; incidental expenses.

NRS 412.103           Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law.

NRS 412.104           Reconveyance of land to political subdivision.

NRS 412.106           Use of armory.

NRS 412.108           Lease or agreement for use of armory.

NRS 412.109           Lease or agreement for use of facility of Office.

ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS

NRS 412.112           Army National Guard.

NRS 412.114           Air National Guard.

NRS 412.116           Organization and training; equality of treatment and opportunity.

NRS 412.117           Privacy of members of opposite sexes.

NRS 412.118           Assemblies, periodic training and other duties.

NRS 412.122           Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State.

NRS 412.123           Order calling National Guard into active service directed to commanding officer.

NRS 412.124           Ordering National Guard to active duty; pay and allowances.

LICENSED VOLUNTEERS; RESERVISTS

NRS 412.126           Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members.

NRS 412.128           Ordering reservists of Nevada National Guard or volunteer military organization into active service; regulations.

NRS 412.134           Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; uniforms.

NRS 412.136           Deserters.

RIGHTS AND PRIVILEGES OF MEMBERS

NRS 412.138           Use of National Guard as labor force; pay and allowances.

NRS 412.139           Unlawful termination of employment of member of National Guard because of training, active service or duty, or other required meetings; penalty.

NRS 412.1393         Unlawful termination of employment: Hearing.

NRS 412.1395         Unlawful termination of employment: Reinstatement; wages and benefits.

NRS 412.142           Industrial insurance; compensation; exceptions.

NRS 412.143           Educational benefits.

NRS 412.1435         Patriot Relief Account: Creation; sources; uses; duties of Adjutant General.

NRS 412.144           Credit for active federal service.

NRS 412.146           Eligibility to state office of federally paid members of militia.

NRS 412.152           Privileged reports and communications; defending member in legal proceedings.

NRS 412.153           Personal information: Confidentiality.

NRS 412.154           Civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice.

HONORS, AWARDS AND DECORATIONS

NRS 412.1555         Nevada War on Terrorism Medal: Creation; award; duties of Office.

COMMISSIONED AND WARRANT OFFICERS

NRS 412.156           Appointment and promotion of commissioned officer; honorary commission.

NRS 412.158           Applicability of chapter to warrant officers.

NRS 412.162           Nevada Military Academy: Creation; composition.

NRS 412.164           Qualifications.

NRS 412.166           Oath.

NRS 412.168           Assignment and transfer; residence.

NRS 412.172           Resignation; conditional release.

NRS 412.174           Absence without leave considered resignation.

NRS 412.176           Efficiency and medical examining boards; appointment.

NRS 412.178           Efficiency and medical examining boards: Procedure; powers.

NRS 412.182           Responsibility for public property.

NRS 412.184           Allowances for uniform and equipment. [Repealed.]

NRS 412.186           Nevada National Guard Association.

ENLISTED PERSONNEL

NRS 412.188           Enlistment, period of service, oath, transfer and discharge; extension of enlistment.

NRS 412.192           Noncommissioned officers.

NRS 412.194           Absence without leave: Discharge.

NRS 412.1945         Nevada Enlisted Association of the National Guard of the United States.

NEVADA CODE OF MILITARY JUSTICE

General Provisions

NRS 412.196           Short title.

NRS 412.198           Definitions.

NRS 412.202           “Accuser” defined.

NRS 412.204           “Active state duty” defined.

NRS 412.206           “Apprehension” defined.

NRS 412.208           “Arrest” defined.

NRS 412.212           “Code” defined.

NRS 412.214           “Commanding officer” defined.

NRS 412.216           “Commissioned officer” defined.

NRS 412.218           “Confinement” defined.

NRS 412.222           “Convening authority” defined.

NRS 412.224           “Enlisted member” defined.

NRS 412.226           “Grade” defined.

NRS 412.232           “Legal officer” defined.

NRS 412.234           “May” defined.

NRS 412.236           “Military” defined.

NRS 412.238           “Military court” defined.

NRS 412.239           “Military judge” defined.

NRS 412.242           “Nevada National Guard” defined.

NRS 412.243           “Nonjudicial punishment” defined.

NRS 412.2435         “Principal assistant” defined.

NRS 412.244           “Rank” defined.

NRS 412.2445         “Restraint-of-freedom punishments” defined.

NRS 412.2455         “Senior force judge advocate” defined.

NRS 412.246           “Shall” defined.

NRS 412.247           “Staff judge advocate” defined.

NRS 412.248           “State Judge Advocate” defined.

NRS 412.249           “State military forces” defined.

NRS 412.252           “Superior commissioned officer” defined.

NRS 412.253           Duties of principal assistant.

NRS 412.254           Applicability.

NRS 412.2545         Jurisdiction over member of state military forces and persons in custody of state military forces.

NRS 412.256           Jurisdiction over certain offenses and to try certain personnel.

NRS 412.258           Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment.

NRS 412.262           Territorial applicability of Nevada Code of Military Justice.

NRS 412.263           Failure to comply with procedural provision of Code does not invalidate punishment imposed unless servicemen or servicewomen materially prejudiced by error.

NRS 412.264           Judge advocates and legal officers.

NRS 412.2645         Person may not be tried or punished while incompetent.

 

Apprehension and Restraint

NRS 412.266           Apprehension by authorized persons; quelling disorder.

NRS 412.267           Arrest of member failing or refusing to report to place of duty; bail.

NRS 412.2675         Warrant of arrest: Form; fees and mileage for service.

NRS 412.268           Apprehension of deserter.

NRS 412.272           Order of apprehension, arrest or confinement.

NRS 412.274           Restraint of person charged with offense; notice of charges; summary disposition.

NRS 412.276           Place of confinement.

NRS 412.277           Limitations on confinement.

NRS 412.278           Receipt of prisoner; report.

NRS 412.282           Certain punishments prohibited before trial; labor pending trial.

NRS 412.284           Delivery of offender to civil authority; return to military authority.

 

Nonjudicial Punishment

NRS 412.286           Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers.

NRS 412.287           Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.

NRS 412.2875         Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.

NRS 412.2877         Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.

NRS 412.2879         Right of accused to demand trial by court-martial; limitations.

NRS 412.288           Imposition and enforcement of disciplinary punishment without court-martial.

NRS 412.292           Powers of officer in charge to impose punishment. [Repealed]

NRS 412.2925         Use of summarized proceeding if commanding officer determines punishment will not include restraint-of-freedom punishments; notice to accused; accused not entitled to counsel; scheduling of hearing.

NRS 412.293           Use of formal proceeding if commanding officer determines punishment will include restraint-of-freedom punishments; notice to accused; accused entitled to counsel; commanding officer not bound by formal rules of evidence.

NRS 412.2935         Announcement of results of punishment.

NRS 412.294           Suspension, remission or mitigation of punishment.

NRS 412.296           Appeal to superior authority.

NRS 412.298           Disciplinary punishment not bar to court-martial.

NRS 412.302           Records of nonjudicial punishment.

 

Jurisdiction of Courts-Martial

NRS 412.304           Courts-martial of Nevada National Guard not in federal service; composition.

NRS 412.306           Jurisdiction of courts-martial of each force.

NRS 412.307           Jurisdiction of courts-martial of each component and branch of state military forces.

NRS 412.308           General court-martial.

NRS 412.312           Special court-martial.

NRS 412.314           Summary court-martial.

NRS 412.316           Sentence of dismissal or dishonorable discharge must be approved by Governor.

NRS 412.318           When complete record of proceedings and testimony required.

NRS 412.322           Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.

 

Convening and Composition of Courts-Martial

NRS 412.324           Convening general court-martial.

NRS 412.326           Convening special court-martial.

NRS 412.328           Convening summary court-martial.

NRS 412.332           Who may serve on courts-martial.

NRS 412.334           Military judge of general or special court-martial.

NRS 412.3345         Military judge: Qualifications.

NRS 412.336           Trial counsel and defense counsel.

NRS 412.338           Court reporter and interpreter.

NRS 412.342           Absence or excusal of member of court-martial; additional members; effect of absence on trial.

 

Pretrial Procedure

NRS 412.344           Charges and specifications.

NRS 412.346           Compulsory self-incrimination and immaterial and degrading evidence prohibited; accused must be informed of his or her rights.

NRS 412.348           Investigation: Procedure; rights of accused; uncharged offenses.

NRS 412.352           Forwarding of charges.

NRS 412.354           Advice of State Judge Advocate; reference for trial; formal correction of charges.

NRS 412.356           Service of charges.

 

Trial Procedure

NRS 412.358           Procedural regulations.

NRS 412.362           Unlawfully influencing action of court.

NRS 412.364           Duties of trial counsel and defense counsel.

NRS 412.366           Presence of members and parties at proceedings.

NRS 412.368           Continuance.

NRS 412.372           Challenges of military judge and members.

NRS 412.374           Oaths.

NRS 412.376           Statute of limitations; computation and suspension of period of limitation.

NRS 412.378           Double jeopardy.

NRS 412.382           Pleas of accused; effect of plea of guilty.

NRS 412.384           Obtaining witnesses and evidence: Procedure; service of process.

NRS 412.386           Refusal to appear or testify.

NRS 412.388           Contempt; penalty.

NRS 412.392           Deposition.

NRS 412.394           Admissibility of records of courts of inquiry.

NRS 412.3945         Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

NRS 412.396           Voting; instructions; findings.

NRS 412.398           Number of votes required.

NRS 412.402           Court to announce action.

NRS 412.404           Record of trial.

 

Sentences

NRS 412.406           Cruel and unusual punishments prohibited.

NRS 412.408           Punishments limited.

NRS 412.412           Effective date of sentence.

NRS 412.414           Execution of confinement.

NRS 412.4145         Deferment of service of sentence of confinement.

NRS 412.4155         Forfeiture of pay and allowances during period of confinement or parole; waiver.

NRS 412.4157         Person sentenced by court-martial may be required to take leave under certain circumstances.

NRS 412.416           Reduction in enlisted grade upon approval.

 

Review of Courts-Martial

NRS 412.418           Approval and execution or suspension of sentence.

NRS 412.422           Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority; review of record and opinion by State Judge Advocate.

NRS 412.423           Withdrawal by accused of appeal or right to appeal.

NRS 412.424           Reconsideration and revision of court’s ruling.

NRS 412.426           Rehearing: Members of court; conditions.

NRS 412.428           Approval by convening authority.

NRS 412.431           Review by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of case sent for action to Adjutant General; authority of Adjutant General; authority of senior force judge advocate to send record of case to Governor for review and action; review by senior force judge advocate upon finding of not guilty.

NRS 412.432           Review of records; disposition.

NRS 412.433           Representation of government and accused upon appeal.

NRS 412.434           Error of law; lesser included offense.

NRS 412.436           Counsel for accused at review.

NRS 412.437           Procedure applicable to appeal from decision of court-martial.

NRS 412.4375         Appeals by State.

NRS 412.438           Vacation of suspension of sentence.

NRS 412.442           Petition for new trial.

NRS 412.444           Remission and suspension of sentence; substitution of administrative discharge.

NRS 412.446           Restoration of rights; substitution of discharge; reappointment.

NRS 412.448           Finality of proceedings, findings and sentence.

NRS 412.4485         Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.

NRS 412.449           Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.

NRS 412.4495         Rights of person whose mental condition is subject of hearing.

 

Punitive Provisions

NRS 412.452           Trial or punishment for offense committed while on duty.

NRS 412.454           Principal.

NRS 412.456           Accessory after fact.

NRS 412.458           Conviction of lesser included offense.

NRS 412.462           Attempt.

NRS 412.464           Conspiracy.

NRS 412.466           Solicitation.

NRS 412.468           Fraudulent enlistment, appointment or separation.

NRS 412.472           Unlawful enlistment, appointment or separation.

NRS 412.474           Desertion.

NRS 412.476           Absence without leave.

NRS 412.478           Failure to make required move.

NRS 412.482           Contempt toward public officer.

NRS 412.484           Disrespect toward superior commissioned officer.

NRS 412.486           Assaulting or willfully disobeying superior commissioned officer.

NRS 412.488           Insubordinate conduct toward warrant officer or noncommissioned officer.

NRS 412.492           Failure to obey order or regulation.

NRS 412.494           Cruelty and maltreatment.

NRS 412.496           Mutiny or sedition.

NRS 412.498           Resisting arrest; escape.

NRS 412.502           Releasing prisoner without proper authority.

NRS 412.504           Unlawful detention.

NRS 412.506           Noncompliance with procedural rules.

NRS 412.508           Misbehavior before enemy.

NRS 412.512           Subordinate compelling surrender.

NRS 412.514           Improper use of countersign.

NRS 412.516           Forcing safeguard.

NRS 412.518           Improper use of captured or abandoned property.

NRS 412.522           Aiding enemy.

NRS 412.524           Misconduct as prisoner.

NRS 412.5245         Spying.

NRS 412.5255         Communication, delivery or transmittal of object or information to foreign government or entity.

NRS 412.526           Making false official statement.

NRS 412.528           Loss, damage, destruction or wrongful disposition of military property.

NRS 412.532           Waste, spoilage or destruction of property other than military.

NRS 412.534           Improper hazarding of vessel.

NRS 412.536           Drunken or reckless driving.

NRS 412.538           Drunk on duty; sleeping on post; leaving post before relief.

NRS 412.5385         Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.

NRS 412.542           Dueling.

NRS 412.544           Malingering.

NRS 412.546           Riot or breach of peace.

NRS 412.548           Provoking words or gestures.

NRS 412.5485         Sexual assault and sexual misconduct.

NRS 412.549           Stalking.

NRS 412.5495         Larceny and wrongful appropriation.

NRS 412.5505         Extortion.

NRS 412.5515         Assault and aggravated assault.

NRS 412.552           Stealing goods of less than $100 value.

NRS 412.554           Perjury.

NRS 412.556           Fraud against the government.

NRS 412.558           Conduct unbecoming an officer.

NRS 412.562           Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court.

 

Miscellaneous Provisions

NRS 412.564           Court of inquiry.

NRS 412.5645         Administration of oaths.

NRS 412.566           Explanation of certain sections; availability of Code and regulation.

NRS 412.568           Complaint against commanding officer.

NRS 412.572           Redress of injuries to property.

NRS 412.574           Process of military courts.

NRS 412.576           Payment and disposition of fine.

NRS 412.578           Immunity for action of military courts.

NRS 412.582           Presumption of jurisdiction.

NRS 412.583           Uniformity of construction.

NRS 412.5835         Severability.

NRS 412.584           Delegation of authority by Governor; exceptions.

UNLAWFUL ACTS AND PENALTIES

NRS 412.588           Repossession of military property by State; penalty for failure to deliver or resistance to repossession.

NRS 412.592           Unlawful transfer of military property.

NRS 412.594           Unlawful wearing of uniform or insigne.

NRS 412.596           Wearing of uniform without authority; penalty.

NRS 412.598           Arrest of trespasser or disturber; penalty for certain sales and gambling.

NRS 412.602           Right-of-way on public street and highway; penalty for interference.

NRS 412.604           Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty.

NRS 412.606           Discrimination against member of National Guard; penalty.

_________

GENERAL PROVISIONS

      NRS 412.012  Definitions.  As used in this chapter, the words and terms defined in NRS 412.014 to 412.024, inclusive, shall, unless the context otherwise requires, have the meaning ascribed to them in such sections.

      (Added to NRS by 1967, 1292)

      NRS 412.014  “Office” defined.  “Office” means the Office of the Military, including, without limitation, the Nevada Army National Guard and the Nevada Air National Guard.

      (Added to NRS by 1967, 1292; A 1993, 1598; 2013, 1107)

      NRS 412.016  “Office regulations” defined.  “Office regulations” means regulations issued by the Governor and regulations adopted by the Office of the Military subject to the approval of the Governor.

      (Added to NRS by 1967, 1292; A 1993, 1598)

      NRS 412.018  “Officer” defined.  “Officer” means commissioned or warrant officer.

      (Added to NRS by 1967, 1292)

      NRS 412.022  “Reservists” defined.  “Reservists” means members of the reservists of the Nevada National Guard that are licensed by the Governor or by his or her designee.

      (Added to NRS by 1967, 1292; A 2013, 1107)

      NRS 412.024  “Volunteers” defined.  “Volunteers” means members of volunteer military organizations licensed by the Governor.

      (Added to NRS by 1967, 1292; A 2013, 1107)

COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS

      NRS 412.026  Composition of militia.

      1.  The militia of the State is composed of the Nevada National Guard and, when called into active service by the Governor, reservists to the Nevada National Guard and any volunteer military organizations licensed by the Governor.

      2.  The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 64 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.

      3.  If a volunteer military organization is formed and becomes licensed by the Governor, it shall consist of an organized body of able-bodied residents of the State between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.

      (Added to NRS by 1967, 1292; A 1975, 798; 1999, 6; 2013, 1107)

      NRS 412.032  Powers and duties of officers; administration of oaths.  In addition to the powers and duties prescribed in this chapter, all officers of the Nevada National Guard have the same powers and shall perform the same duties as officers of similar rank and position in the United States Army or United States Air Force, respectively, insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.

      (Added to NRS by 1967, 1293)

      NRS 412.034  Governor as Commander in Chief; regulations.  The Governor is the Commander in Chief of the militia of the State, and may issue regulations for the government of the militia. In issuing the regulations, the Governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and to the laws and regulations governing the United States Army and United States Air Force.

      (Added to NRS by 1967, 1293; A 1985, 753)

      NRS 412.036  Applicability of custom and usage of United States Army and United States Air Force.  All matters relating to the organization, discipline and government of the Nevada National Guard not otherwise provided for in this chapter or in Office regulations must be decided by the custom and usage of the United States Army or United States Air Force, respectively.

      (Added to NRS by 1967, 1293; A 1993, 1599)

      NRS 412.038  Service of Nevada National Guard outside State.

      1.  The Governor may order the Nevada National Guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools.

      2.  The provisions of this chapter apply to the members of the Nevada National Guard while serving without the State and while going to and returning from such service without the State in like manner and to the same extent as while serving within the State.

      (Added to NRS by 1967, 1293)

ADJUTANT GENERAL

      NRS 412.042  Military staff of Governor.

      1.  The military staff of the Governor consists of the Adjutant General, not more than two assistant adjutants general and personal aides-de-camp to the Governor selected from the commissioned officers of the Nevada National Guard or from reserve officers of the Armed Forces of the United States who are residents of Nevada and who are not serving on extended active duty.

      2.  Officers detailed as personal aides-de-camp under this section shall not be relieved from their ordinary duties except when actually on duty with the Governor.

      3.  The military staff of the Governor shall perform such ceremonial functions and duties as the Governor may prescribe.

      (Added to NRS by 1967, 1293)

      NRS 412.044  Appointment; term; qualifications; grade.

      1.  The Governor shall appoint an Adjutant General who shall hold office for a 4-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an Adjutant General shall continue until its prescribed expiration date while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.

      2.  To be eligible for appointment to the office of Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years of service in the Nevada National Guard as a federally recognized officer.

      3.  The Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of major general. If appointed in a lower grade, the Adjutant General may be promoted by the Governor to any grade not exceeding that of major general.

      (Added to NRS by 1967, 1294; A 2001, 945; 2013, 1107)

      NRS 412.046  Restriction on holding other office of profit.  Except as otherwise provided in NRS 284.143, the Adjutant General shall not hold any city, county, state or federal office of profit while serving as Adjutant General.

      (Added to NRS by 1967, 1294; A 1971, 1435; 1975, 346; 1981, 1279; 1985, 420; 1997, 618)

      NRS 412.048  Duties; employees.  The Adjutant General shall serve as the Chief of Staff to the Governor, the Director of the Office of the Military and the Commander of the Nevada National Guard, and:

      1.  Is responsible, under the direction of the Governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, reservists of the Nevada National Guard and volunteer military organizations licensed by the Governor.

      2.  Shall perform all duties required of him or her by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.

      3.  Shall employ such deputies, assistants and other personnel as he or she deems necessary to assist in the performance of those duties required of the Adjutant General as Director of the Office. The Adjutant General may so employ either members of the Nevada National Guard or civilian personnel. The duties of all deputies, assistants and other personnel appointed must be prescribed by Office regulations. All such employees are in the unclassified service of the State except civilian, clerical, administrative, maintenance and custodial employees who are in the classified service of the State.

      (Added to NRS by 1967, 1294; A 1985, 421, 754; 1993, 1599; 2013, 1108)

      NRS 412.052  Additional duties; seal.  The Adjutant General:

      1.  Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the State required by the United States.

      2.  Is the channel of official military correspondence with the Governor, and, on or before November 1 of each even-numbered year, shall report to the Governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.

      3.  Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in the office of the Adjutant General. The Adjutant General may deposit with the Division of State Library and Archives of the Department of Administration for safekeeping records of the office that are used for historical purposes rather than the administrative purposes assigned to the office by law.

      4.  Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.

      5.  Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.

      6.  Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia necessary to the proper administration, operation and training of it or to carry out the provisions of this chapter.

      7.  Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his or her office.

      8.  Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the Governor.

      (Added to NRS by 1967, 1295; A 1971, 806; 1973, 346; 1975, 799; 1979, 182; 1983, 1304; 1985, 126, 754; 1993, 1599; 2001, 940; 2011, 2984)

      NRS 412.054  Assistant Adjutants General.

      1.  The Adjutant General may appoint two Assistant Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

      2.  To be eligible for appointment to the office of Assistant Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years of service in the Nevada National Guard as a federally recognized officer.

      3.  An Assistant Adjutant General may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. An Assistant Adjutant General may be promoted by the Governor to any grade not exceeding that of brigadier general.

      4.  The Assistant Adjutants General shall perform such duties as may be assigned by the Adjutant General.

      5.  Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal office of profit.

      6.  In the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:

      (a) One of the Assistant Adjutants General to perform the duties of his or her office as Acting Adjutant General.

      (b) If neither Assistant Adjutant General is available, any national guard officer to be the Acting Adjutant General.

Ê The designated Assistant Adjutant General or designated officer may continue to receive his or her authorized salary while so serving as Acting Adjutant General, and shall so serve until the Adjutant General is again able to perform the duties of the office, or if the office is vacant, until an Adjutant General is regularly appointed and qualified.

      (Added to NRS by 1967, 1295; A 1971, 1436; 1981, 1279; 1989, 595; 1993, 1600; 1997, 618; 2013, 1108)

      NRS 412.056  Acting Adjutant General.

      1.  If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties required of the Adjutant General, and who must be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General, or if no such officer is available, then from the following:

      (a) Inactive or retired officers of the Nevada National Guard.

      (b) Army or Air Force officers who are inactive or have retired and are residents of the State of Nevada.

      2.  If, on the occurrence of a vacancy in the office of Adjutant General, there is no qualified and appointed Assistant Adjutant General, the Governor may designate an Acting Adjutant General who shall assume temporarily the responsibilities and powers and perform all duties required of the Adjutant General until such time as an Adjutant General is regularly appointed and qualified. An Acting Adjutant General designated under this provision must have the same qualifications as are required for the appointment of an Adjutant General.

      3.  The Acting Adjutant General serving under the terms of this section must be compensated as determined by the Governor, but the amount must not exceed that authorized for a regularly appointed Adjutant General.

      (Added to NRS by 1967, 1296; A 1989, 596)

      NRS 412.058  United States Property and Fiscal Officer.

      1.  Upon recommendation of the Adjutant General, the Governor shall recommend to the Chief of the National Guard Bureau a qualified commissioned officer of the Nevada National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, for appointment as the United States Property and Fiscal Officer for Nevada. If the officer is not on active federal duty, the President may order him or her to active duty, with his or her consent, to serve as a Property and Fiscal Officer as provided in 32 U.S.C. § 708. The United States Property and Fiscal Officer shall function under the direction of the Adjutant General, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Departments of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified.

      2.  As long as the position of the United States Property and Fiscal Officer is covered by a position schedule bond authorized by the United States Code, and bonding is automatic upon acceptance of accountability for property, no further bonding action on the part of the State or the person appointed is required.

      (Added to NRS by 1967, 1296; A 1989, 698)

      NRS 412.062  Attorney General as military legal adviser.  The Attorney General, when so requested, shall give the Adjutant General his or her opinion upon all legal questions pertaining to the military interests of the State.

      (Added to NRS by 1967, 1297)

OFFICE OF THE MILITARY

      NRS 412.064  Establishment; powers; duties.

      1.  The Office of the Military is hereby established. The Office, under the direction of the Governor, shall supervise the military affairs of the State.

      2.  The Office shall adopt, subject to the approval of the Governor, necessary regulations for the organization, government, armament, equipment, training and compensation of the militia of the State in conformity with the provisions of this chapter and the laws of the United States.

      3.  The Office shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

      4.  The Office shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.

      5.  The Office may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

      (Added to NRS by 1967, 1297; A 1981, 673; 1983, 167; 1993, 1600)

      NRS 412.066  Enumeration of powers and duties not exclusive.  The enumeration of duties and functions in NRS 412.064 to 412.108, inclusive, shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the Office by other provisions of law.

      (Added to NRS by 1967, 1297; A 1993, 1601)

      NRS 412.068  Adjutant General as Director of Office.

      1.  The Office is under the supervision and control of the Adjutant General, who shall also serve as Director of the Office.

      2.  The Adjutant General is responsible for the performance of the duties imposed upon the Office, and for such other duties as may be prescribed by this chapter or by the Governor.

      (Added to NRS by 1967, 1297; A 1993, 1601)

      NRS 412.072  Organization of Office.  The Adjutant General shall organize and reorganize the Office as necessary to the accomplishment of its functions and duties. Such organization or reorganization must be approved by the Governor before it is carried out.

      (Added to NRS by 1967, 1297; A 1993, 1601)

      NRS 412.074  Army and air technicians.  Army and air technicians are by law federal employees and civilian employees of the United States Army or the United States Air Force, as determined by their service assignments. As federal employees, technicians are subject to all civil service laws and Civil Service Commission and Department of Defense civilian personnel rules and regulations, and to National Guard Bureau regulations.

      (Added to NRS by 1967, 1298; A 1971, 139)

      NRS 412.076  Status of members of militia and employees on active duty.

      1.  Members of the militia of the State who are ordered to state active duty under the provisions of this chapter shall be deemed to be temporary employees of the State for the purposes of subsection 9 of NRS 286.297.

      2.  Regular employees of the Office may be ordered to state active duty under this chapter without jeopardizing their status as regular employees. Employees so ordered must be in an authorized leave status from their regular military office employment during the period served on active duty.

      (Added to NRS by 1967, 1298; A 1993, 1601; 2013, 1109)

      NRS 412.082  Drawing warrants.  Unless otherwise specially provided in this chapter, the State Controller shall draw warrants on the State Treasury for all authenticated bills of the Office as approved by the Adjutant General or the person designated by the Adjutant General, in favor of the persons to whom the State is indebted for military purposes.

      (Added to NRS by 1967, 1298; A 1993, 1601)

      NRS 412.084  Receipt and disposition of certain federal money.  The Adjutant General may accept, receive and receipt for moneys made available from the Federal Government in connection with any type service contracts for federal property used by the State. All federal moneys received by the Adjutant General under this section shall be deposited in the State Treasury.

      (Added to NRS by 1967, 1298)

      NRS 412.086  Deposits in State General Fund and Permanent School Fund.  The moneys received by the Adjutant General from fines imposed by courts-martial shall be deposited in the State Permanent School Fund and moneys received from other miscellaneous sources shall be deposited in the General Fund in the State Treasury.

      (Added to NRS by 1967, 1298)

      NRS 412.088  Promotion of practice with rifle and pistol.

      1.  The Office may adopt and provide suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada Firearms Coalition and organizations and members of the Nevada National Guard when funds are available and appropriated by the State or the Federal Government.

      2.  The Adjutant General shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National Rifle Association of America, and select and appoint representatives from those clubs to attend the annual national rifle and pistol matches. Not more than $1,000 of the amount appropriated for the support of the Adjutant General’s office may be used annually in the purchase of ammunition to be used by such rifle clubs, which ammunition must be sold at cost plus transportation charges.

      (Added to NRS by 1967, 1298; A 1993, 1601; 2013, 1109)

ARMORIES; PROPERTY

      NRS 412.092  “Armory” defined.  The word “armory” as used in NRS 412.092 to 412.109, inclusive, means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.

      (Added to NRS by 1967, 1298; A 2011, 1382; 2013, 1469)

      NRS 412.094  Control of armory and property; regulations for armories.

      1.  The Office has control of armories and shall prescribe the regulations governing armories. All state and United States property must, if possible, be kept in armories and the commanders of troops using the armories are responsible for the safekeeping and proper care of such property and its protection against damage, misappropriation or loss. Armories, while occupied by troops, shall be deemed to be military posts under the exclusive jurisdiction of the officer commanding the post.

      2.  Any property licensed or leased to the State by the Federal Government for military use is under the control of the Office.

      (Added to NRS by 1967, 1299; A 1993, 1602)

      NRS 412.096  Insurance against loss and mysterious disappearance of equipment and supplies.  The Adjutant General may, within the limits of money appropriated or authorized to be expended, for the support of the Office, purchase insurance against loss or mysterious disappearance of equipment or supplies.

      (Added to NRS by 1967, 1299; A 1993, 1602)

      NRS 412.098  Armory and arsenal: Duties of State Public Works Division of Department of Administration.  The construction, expansion, rehabilitation or conversion of armories and arsenals in this State shall be accomplished by the State Public Works Division of the Department of Administration, subject to the inspection and approval of the Secretary of Defense, as prescribed by 10 U.S.C. § 18237 when federal funds have been allocated to the State for such work.

      (Added to NRS by 1967, 1299; A 1973, 908; 2013, 1469)

      NRS 412.102  Armory: Provision; maintenance; incidental expenses.

      1.  The Office shall provide and maintain armories suitable for conducting drills and the safekeeping of federal military property, with light, water and heat, for the units of the Nevada National Guard organized in the several counties of the State.

      2.  The expenses of procuring and maintaining the armories, and the monthly allowance to cover incidental expenses which may be incurred by each unit, may be paid from the appropriation for the support of the Nevada National Guard or from other available money.

      (Added to NRS by 1967, 1299; A 1985, 755; 1993, 1602; 2013, 1469)

      NRS 412.103  Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law.  The Adjutant General may accept through the United States Property and Fiscal Officer for Nevada such equipment, supplies, arms, facilities and funding for personnel support as may be authorized and appropriated by federal law. All federal money received by the Adjutant General under this section must be deposited in the State Treasury.

      (Added to NRS by 2013, 1468)

      NRS 412.104  Reconveyance of land to political subdivision.  The Office may reconvey to any municipal corporation or other political subdivision of this state any lands that have been or may be conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the Office determines that such lands are no longer necessary for the use of the Nevada National Guard.

      (Added to NRS by 1967, 1299; A 1993, 1602)

      NRS 412.106  Use of armory.  An armory may be used by a member or unit of the Nevada National Guard, veterans’ organization, any federal, state or local governmental entity or any other person, if the use:

      1.  Does not interfere with the use of the facility by the Nevada National Guard;

      2.  Does not result in the risk of:

      (a) A breach of the peace;

      (b) Harm to persons; or

      (c) Harm to state or federal property; and

      3.  Is in accordance with Office regulations issued pursuant to this chapter.

      (Added to NRS by 1967, 1299; A 1985, 755; 1989, 1103; 1993, 1602)

      NRS 412.108  Lease or agreement for use of armory.

      1.  The person or governmental entity applying for the rental of an armory or space within an armory must execute and deliver a written agreement which must include among its provisions:

      (a) The full name and address of the applicant;

      (b) The purpose for which its use is desired;

      (c) The nature and manner of the intended use of the space;

      (d) A reasonable rental, which may include a security deposit, to be paid for that use; and

      (e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

      2.  The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

      3.  No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or the officer’s authorized representative, and has been approved by his or her military superiors as prescribed by Office regulations issued pursuant to this chapter.

      4.  No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory or the officer’s authorized representative.

      5.  All money paid or given, directly or indirectly, for the rental of an armory or to obtain an agreement or permission to use the armory are use fees within the meaning of this section and must be paid to the officer in charge of the armory or the officer’s authorized representative. Any person other than the officer in charge of the armory or the officer’s authorized representative who receives that money shall immediately pay over the money to the officer in charge of the armory or the officer’s authorized representative, who shall immediately forward the money to the office of the Adjutant General to be placed in an account in the State General Fund entitled the Adjutant General’s Special Armory Account, to be used by the Office to:

      (a) Make necessary repairs and improvements of state armories;

      (b) Construct new facilities;

      (c) Fund military activities and affairs;

      (d) Further relations with the community in which the armory is located; and

      (e) Further relations with the State.

      6.  The expenditures made pursuant to subsection 5 must be made according to Office regulations and must be approved by a board of three persons appointed by the Adjutant General.

      7.  When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.

      (Added to NRS by 1967, 1300; A 1973, 551; 1977, 2; 1981, 260; 1985, 756; 1991, 1768; 1993, 1603; 2013, 1469)

      NRS 412.109  Lease or agreement for use of facility of Office.

      1.  Except as otherwise provided in NRS 412.108, the person or governmental entity applying for the rental of any facility of the Office must execute and deliver a written agreement which must include among its provisions:

      (a) The full name and address of the applicant;

      (b) The purpose for which its use is desired;

      (c) The nature and manner of the intended use of the space;

      (d) A reasonable rental, which may include a security deposit, to be paid for that use; and

      (e) The amounts to be paid for heating, lighting, janitorial and other services connected with its use.

      2.  The terms and provisions of the agreement must be governed by Office regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.

      3.  No agreement for use made pursuant to subsection 1 is effective until the agreement or lease has been approved and executed as prescribed by Office regulations issued pursuant to this chapter.

      4.  No agreement or lease made pursuant to subsection 1 may be assigned in whole or in part nor may space be sublet to or used by a person or entity not a party to the agreement, unless each assignment, subletting or use is first approved in writing by the Office.

      5.  All money paid or given, directly or indirectly, for the rental of a facility or to obtain an agreement or permission to use the facility are use fees within the meaning of this section and must be paid to the Office to be deposited in the State General Fund for credit to the Office.

      6.  When the use of a facility is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps, the Adjutant General may require the execution of a contract or agreement for that use, upon such terms and conditions as he or she prescribes.

      (Added to NRS by 2011, 1382; A 2013, 1470)

ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS

      NRS 412.112  Army National Guard.  The ground force of the Nevada National Guard shall be the Nevada Army National Guard and shall be composed of the army units which are a part of the Nevada National Guard on July 1, 1967, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. No person may be a member of the Nevada Army National Guard who is not federally recognized as such.

      (Added to NRS by 1967, 1301)

      NRS 412.114  Air National Guard.  The air force of the Nevada National Guard shall be the Nevada Air National Guard and shall be composed of the air force units which are a part of the Nevada National Guard on July 1, 1967, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. No person may be a member of the Nevada Air National Guard who is not federally recognized as such.

      (Added to NRS by 1967, 1301)

      NRS 412.116  Organization and training; equality of treatment and opportunity.

      1.  The forces of the Nevada National Guard must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and Office regulations.

      2.  It hereby is declared to be the policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, gender, sexual orientation or national origin.

      3.  As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      (Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604; 2013, 1109)

      NRS 412.117  Privacy of members of opposite sexes.  The Nevada National Guard shall provide for personal privacy as between members of the opposite sexes.

      (Added to NRS by 1979, 241)

      NRS 412.118  Assemblies, periodic training and other duties.  Members and units of the Nevada National Guard shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal laws and regulations and Office regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted personnel of his or her command to meet for ceremonies, parades or training at such times and places as he or she may appoint.

      (Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)

      NRS 412.122  Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State.

      1.  The Governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or other substantial threat to life or property, order into active service of the State for such a period, to such an extent and in such a manner as he or she deems necessary all or any part of the Nevada National Guard. The authority of the Governor includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the State which is invaded or attacked or is or may be threatened with invasion or attack.

      2.  In case of the absence of the Governor from the State, or if it is impossible to communicate immediately with the Governor, the civil officer making a requisition for troops may, if the civil officer deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the Governor’s absence or the impossibility of immediately communicating with the Governor, upon the following officers in this order:

      (a) Lieutenant Governor;

      (b) Adjutant General; and

      (c) Other officers designated in a chain of command prescribed by Office regulations.

Ê If the call is afterward disapproved by the Governor, the troops called into service must be disbanded immediately.

      3.  The Governor may order into active service of the State for such a period, to such an extent and in such a manner as the Governor deems necessary units or individual members of the Nevada National Guard when in his or her judgment the services of the units or members are required for:

      (a) The furtherance of the organization, maintenance, discipline or training of the Nevada National Guard;

      (b) The welfare of the public; or

      (c) Ceremonial functions of the State Government.

      4.  Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the Governor, if in his or her judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.

      (Added to NRS by 1967, 1301; A 1981, 561; 1989, 401; 1993, 1604)

      NRS 412.123  Order calling National Guard into active service directed to commanding officer.

      1.  A call for any portion of the Nevada National Guard shall be made by an order issued and directed to the commanding officer of the unit which is so called into service. The order shall designate the particular troops called, the time and place of rendezvous, and the officer to whom they shall report.

      2.  The order shall be communicated immediately by the officer receiving it to the troops under his or her command, and the officer shall rendezvous and report for duty at the appointed place and time.

      (Added to NRS by 1967, 1303)—(Substituted in revision for NRS 412.132)

      NRS 412.124  Ordering National Guard to active duty; pay and allowances.

      1.  The Adjutant General, with the approval of the Governor, may order members of the Nevada National Guard to active duty. Members, while on active duty, are entitled to receive the pay and allowances of their corresponding grades in the Armed Forces of the United States, but in no case may the pay and allowances be less than $50 per day.

      2.  Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  In lieu of other provisions of this chapter, such amounts as are approved by the Governor may be paid to a medical examiner for his or her services and necessary disbursements and to a properly appointed judge advocate for legal services and necessary disbursements in any suit, action or proceeding.

      4.  Members of the Nevada National Guard may not receive from the State the pay or the pay and allowances provided by this section when they are eligible for similar pay and allowances from federal funds.

      5.  Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances in parades or ceremonial events, or any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority. Necessary traveling expenses, subsistence and per diem allowances may be furnished the members within the discretion of the Adjutant General and within the amount appropriated therefor.

      6.  All pay and allowances provided by this chapter, except per diem allowances, mileage and expenses while traveling under orders, are subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of funds or for injury to state or federal property for which a member of the Nevada National Guard is responsible or accountable where the responsibility has been fixed by competent authority.

      (Added to NRS by 1967, 1302; A 1975, 1107; 1981, 1199; 1985, 757; 2007, 603)

LICENSED VOLUNTEERS; RESERVISTS

      NRS 412.126  Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members.

      1.  The Governor is authorized to issue licenses to bodies of persons to organize, drill and bear arms as volunteer military companies or volunteer military organizations.

      2.  Whenever any such body of persons associate themselves as a volunteer military company or volunteer military organization and drill with arms under the license of the Governor, the volunteer military company or volunteer military organization:

      (a) Shall file with the Adjutant General annually, or at such time as the Governor or Adjutant General may designate, a muster roll of such volunteer military company or volunteer military organization certified by the oath of the commanding officer thereof. The muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization.

      (b) Is subject to inspection by the Adjutant General upon his or her request within such time as the Adjutant General shall designate.

      3.  Each member of such volunteer military company or volunteer military organization shall take and subscribe to an oath before a person authorized to administer it that he or she will support the Constitution of the United States and the Constitution of the State of Nevada and will obey and maintain all laws and obey all officers employed in administering those Constitutions and laws.

      (Added to NRS by 1967, 1302; A 1979, 240; 2013, 1109)

      NRS 412.128  Ordering reservists of Nevada National Guard or volunteer military organization into active service; regulations.

      1.  Whenever the Governor deems it necessary in time of peace, the Governor may call all or any part of the reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to augment the Nevada National Guard as an internal security force.

      2.  In time of war, the Governor may call all or any part of the reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor into active service to be organized pursuant to Office regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.

      3.  Whenever laws of the United States authorize the organization of such state forces under federal recognition, the Governor or Adjutant General may promulgate such Office regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.

      (Added to NRS by 1967, 1303; A 1993, 1605; 2013, 1110)

      NRS 412.134  Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; uniforms.

      1.  Reservists and volunteers called out for duty must be mustered at once into the service of the State for such period as the Governor directs, not exceeding the limits provided by NRS 412.188.

      2.  Except as otherwise expressly provided by Office regulations, all the military forces must be organized as prescribed for organization of the Nevada National Guard at the time, and must be officered, equipped, trained and commanded according to the laws and regulations governing the Nevada National Guard, as nearly as practicable, and all laws relating to the Nevada National Guard or to the duties, rights, privileges or immunities of the members thereof shall apply to and govern the other military forces and the members thereof, so far as applicable, but the age limits for initial appointment of officers in the federally recognized National Guard do not apply to officers of the other military forces.

      3.  The pay and allowances of the officers and enlisted personnel of all branches of the military forces on active duty in the service of the State must be the same as provided for the Nevada National Guard when on such duty.

      4.  The Governor may receive from the Federal Government any arms, equipment, munitions, supplies and other grants for the use of the military forces of the State that may be available.

      5.  The military forces must be uniformed in such manner as the Governor may prescribe, subject to federal laws or regulations and Office regulations.

      (Added to NRS by 1967, 1303; A 1993, 1605)

      NRS 412.136  Deserters.  Every reservist and volunteer who, being accepted as a volunteer or drafted, fails without reasonable excuse to report for muster as lawfully required shall be considered and treated as a deserter.

      (Added to NRS by 1967, 1304)

RIGHTS AND PRIVILEGES OF MEMBERS

      NRS 412.138  Use of National Guard as labor force; pay and allowances.  When members of the Nevada National Guard are called into state active duty by the Governor to fight a fire, combat a flood or any other emergency where members of the Nevada National Guard are performing as a labor force rather than a military force, they shall receive pay and allowances according to their respective military grade and pay status.

      (Added to NRS by 1967, 1304; A 2013, 1110)

      NRS 412.139  Unlawful termination of employment of member of National Guard because of training, active service or duty, or other required meetings; penalty.

      1.  An employer may not terminate the employment of a member of the Nevada National Guard because the member:

      (a) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to NRS 412.118; or

      (b) Is ordered to active service or duty pursuant to NRS 412.122 or 412.124.

      2.  Any employer who violates subsection 1 is guilty of a misdemeanor.

      3.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the employer an administrative penalty of not more than $5,000 for each such violation.

      (Added to NRS by 1985, 753; A 2003, 800; 2011, 691)

      NRS 412.1393  Unlawful termination of employment: Hearing.

      1.  Any member of the Nevada National Guard who believes his or her employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the Labor Commissioner to determine if his or her employment was so terminated.

      2.  The Office shall supply the member with all forms needed to request such a hearing. The Labor Commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.

      (Added to NRS by 1985, 753; A 1993, 1605)

      NRS 412.1395  Unlawful termination of employment: Reinstatement; wages and benefits.  If the employment of a member of the Nevada National Guard is found to have been terminated as a result of the member:

      1.  Assembling for training, participating in field training or active duty or otherwise meeting as required pursuant to NRS 412.118; or

      2.  Being ordered to active service or duty pursuant to NRS 412.122 or 412.124,

Ê the member is entitled to be immediately reinstated to his or her position without loss of seniority or benefits, and to receive all wages and benefits lost as a result of the termination.

      (Added to NRS by 1985, 753; A 2011, 691)

      NRS 412.142  Industrial insurance; compensation; exceptions.

      1.  Except as otherwise provided in subsection 2:

      (a) In all cases in which any member of the militia of the State is wounded, injured, disabled or killed while in the line of duty in the service of the State, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the State, the member or the member’s dependents are also entitled to receive such compensation.

      (b) In all cases, the member who has a disability or is deceased shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of the member’s average income from all sources during the year immediately preceding the date of his or her injury or death or the commencement of his or her disability, but the compensation must not exceed the maximum prescribed in chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      2.  The provisions of this section do not apply to a member of the militia of the State or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:

      (a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and

      (b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.

      (Added to NRS by 1967, 1304; A 1979, 240; 1981, 1527; 1989, 686; 1993, 1606; 1995, 2046, 2516; 1997, 579; 1999, 235)

      NRS 412.143  Educational benefits.

      1.  The Adjutant General may authorize the payment of not more than 100 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends one of the universities or state colleges within the Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.

      2.  The Adjutant General may authorize the payment of not more than 100 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends one of the community colleges within the Nevada System of Higher Education as a full-time or part-time student from money appropriated for this purpose.

      3.  To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.

      (Added to NRS by 1973, 687; A 1977, 3; 1983, 537; 1993, 401; 1999, 1978; 2005, 366)

      NRS 412.1435  Patriot Relief Account: Creation; sources; uses; duties of Adjutant General.

      1.  The Patriot Relief Account is hereby created as a special account in the State General Fund.

      2.  The money in the Patriot Relief Account does not lapse to the State General Fund at the end of any fiscal year. The interest and income earned on the sum of:

      (a) The money in the Patriot Relief Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Patriot Relief Account from the State General Fund,

Ê must be credited to the Account. All claims against the Patriot Relief Account must be paid as other claims against the State are paid.

      3.  The Office may accept gifts, grants and donations from any source for deposit in the Patriot Relief Account.

      4.  The money in the Patriot Relief Account may only be used to provide:

      (a) Reimbursement to a member of the Nevada National Guard for the cost of:

             (1) Premiums on a policy of group life insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; or

             (2) Textbooks required for a course of study in which the member is enrolled at an institution within the Nevada System of Higher Education; and

      (b) Monetary relief from economic hardships experienced by a member of the Nevada National Guard who has been called into active service.

      5.  The Adjutant General shall adopt any regulations necessary to determine eligibility for reimbursement or monetary relief from the Patriot Relief Account and to carry out a program to provide such reimbursement and monetary relief.

      (Added to NRS by 2005, 2448; A 2009, 1159; 2013, 1471)

      NRS 412.144  Credit for active federal service.  For all purposes under this chapter, members of the Nevada National Guard who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the Army National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the State are entitled to credit for time so served as if such service had been rendered to the State.

      (Added to NRS by 1967, 1304)

      NRS 412.146  Eligibility to state office of federally paid members of militia.  Any member of the militia of this state who receives compensation from the United States as a federally recognized member of the Nevada National Guard does not hold a lucrative office under the Government of the United States within the meaning of Section 9 of Article 4 of the Constitution of the State of Nevada.

      (Added to NRS by 1967, 1304; A 1979, 241)

      NRS 412.152  Privileged reports and communications; defending member in legal proceedings.

      1.  The reports and communications of all members of the Nevada National Guard in the line of their military duty are privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of this state.

      2.  In case any suit or action is brought against any member of the Nevada National Guard because of such reports or communications, the Judge Advocate or the Attorney General of this state, or both of them, at the direction of the Governor, shall appear in behalf of such member and defend the suit or action without cost to him or her.

      (Added to NRS by 1967, 1305; A 1969, 23)

      NRS 412.153  Personal information: Confidentiality.

      1.  Except as otherwise provided in this subsection and NRS 239B.030 and 247.090, a county recorder shall ensure that any personal information of a member of the Nevada National Guard contained in any document which is related to the member’s military service and is recorded, filed or otherwise submitted to the county recorder by or on behalf of the member is maintained in a confidential manner. The county recorder may disclose the personal information to any person designated in writing by the member or, upon the member’s death, by a person authorized by subsection 2 of NRS 247.090 to inspect and copy the document containing the personal information.

      2.  As used in this section, “personal information” has the meaning ascribed to it in NRS 603A.040.

      (Added to NRS by 2011, 691)

      NRS 412.154  Civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice.

      1.  Members of the Nevada National Guard ordered into active service of the State pursuant to this chapter are not liable civilly or criminally for any act done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in his or her official capacity in the discharge of any duty pursuant to this chapter, or an alleged omission by the officer to do an act which it was his or her duty to perform, or against any person acting pursuant to the authority or order of such an officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant:

      (a) May have counsel of his or her own selection, with the cost of such counsel to be borne by the defendant; or

      (b) Must be defended by the Attorney General in civil actions and by the State Judge Advocate in criminal actions, with the cost of such counsel to be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel must be borne by the defendant,

Ê and may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.

      2.  A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his or her costs.

      3.  No member of the Nevada National Guard may be arrested on any civil process while going to, remaining at, or returning from any place at which he or she is required to attend for military duty.

      4.  A person may not serve a summons for, or notice of, a civil action or administrative proceeding against a member of the Nevada National Guard, and any such action or proceeding must be postponed, stayed or delayed, during any period in which the member:

      (a) Assembles for training, participates in field training or active duty training, or otherwise meets as required pursuant to NRS 412.118;

      (b) Begins active service or duty upon the ordered date of reporting pursuant to NRS 412.122 or 412.124; or

      (c) Is going to or returning from any duty, service or training specified in paragraph (a) or (b).

      (Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488; 1991, 1769; 2011, 691)

HONORS, AWARDS AND DECORATIONS

      NRS 412.1555  Nevada War on Terrorism Medal: Creation; award; duties of Office.

      1.  There is hereby created the Nevada War on Terrorism Medal.

      2.  The Office shall award the Nevada War on Terrorism Medal to:

      (a) A member of the Reserves who is a resident of this State or a member of the Nevada National Guard who:

             (1) Is called into active duty in the Armed Forces of the United States on or after September 11, 2001, in support of the global war on terrorism; and

             (2) Serves on state active duty status or pursuant to Title 10 or 32 of U.S.C.

      (b) A civilian employee of a state or local governmental agency or the Nevada National Guard who, during the course of employment, provides services in support of the global war on terrorism and who qualifies for the medal pursuant to criteria established by the Office pursuant to subsection 3.

      3.  The Office shall:

      (a) Establish a suitable design for the medal, including a ribbon, badge or other insignia to be worn with or in place of the medal.

      (b) Procure the manufacture of the medal, ribbon, badge or other insignia.

      (c) If the recipient is a member of the Nevada National Guard, ensure that award of the medal is properly reflected in the service records of the recipient.

      (d) Establish procedures to identify members of the Reserves entitled to award of the medal.

      (e) Adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

             (1) Rules for wearing the medal, ribbon, badge or other insignia with the uniform of the Nevada National Guard;

             (2) Provisions for the posthumous award of a medal; and

             (3) Criteria for determining those persons who are entitled to an award of the medal.

      4.  As used in this section, “Reserves” means the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve and Navy Reserve.

      (Added to NRS by 2005, 22nd Special Session, 113)

COMMISSIONED AND WARRANT OFFICERS

      NRS 412.156  Appointment and promotion of commissioned officer; honorary commission.

      1.  All commissioned officers of the Nevada National Guard shall be appointed and promoted by the Governor upon recommendation of the Adjutant General.

      2.  Honorary commissions shall be attested by the Secretary of State with the great seal and also by the Adjutant General with the seal of his or her office. No fee shall be charged for military commissions.

      (Added to NRS by 1967, 1305)

      NRS 412.158  Applicability of chapter to warrant officers.  The provisions of this chapter relating to commissioned officers apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal laws and regulations and Office regulations.

      (Added to NRS by 1967, 1305; A 1993, 1606)

      NRS 412.162  Nevada Military Academy: Creation; composition.  The Nevada Military Academy is hereby created, to consist of supervisory personnel as authorized by the National Guard Bureau and such number of cadets as meets the qualifications and requirements of the State of Nevada as set forth in Office regulations.

      (Added to NRS by 1967, 1305; A 1993, 1606)

      NRS 412.164  Qualifications.

      1.  No person may be appointed or promoted as a commissioned officer of the Nevada National Guard unless he or she has passed such examination as to his or her physical, moral and professional qualifications as may be prescribed by applicable federal laws and regulations and Office regulations.

      2.  No person may be recognized as a commissioned officer of the Nevada National Guard and no appointment as such may become effective until he or she has taken and subscribed to the oath of office prescribed in NRS 412.166. The oath may be administered and certified by any commissioned officer of the Nevada National Guard, or other person authorized to administer oaths under the laws of the State of Nevada, and no charge may be made for that act.

      (Added to NRS by 1967, 1306; A 1985, 1221; 1993, 1606)

      NRS 412.166  Oath.  Every officer of the Nevada National Guard shall take and subscribe to the following oath:

 

       I, .............................., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Nevada against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Nevada; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................................ in the National Guard of the State of Nevada, upon which I am about to enter, so help me God.

 

      (Added to NRS by 1967, 1306)

      NRS 412.168  Assignment and transfer; residence.

      1.  Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the Nevada National Guard as prescribed by applicable federal laws and regulations and Office regulations.

      2.  An officer must reside within reasonable commuting distance of the station to which the officer’s unit is assigned. The Adjutant General shall determine what constitutes a reasonable distance in all cases of doubt.

      (Added to NRS by 1967, 1306; A 1993, 1606)

      NRS 412.172  Resignation; conditional release.

      1.  A commissioned officer of the Nevada National Guard may tender his or her resignation at any time. A resignation must be tendered in writing through proper military channels in accordance with applicable federal laws and regulations and Office regulations. A resignation takes effect when properly accepted and announced in orders.

      2.  A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof must first obtain a conditional release from his or her commander. A conditional release must be issued in accordance with this chapter and Office regulations, and must include certification that the officer is properly cleared of his or her responsibility for all state and United States property and public money, and that he or she is not indebted to the State or to the organization to which the officer belongs. An officer so released shall be deemed to have resigned upon presentation of evidence that the officer has accepted an appointment or enlisted in the force to which released, and the resignation must be announced in orders.

      3.  No officer is entitled to resign his or her commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency.

      (Added to NRS by 1967, 1306; A 1993, 1607)

      NRS 412.174  Absence without leave considered resignation.

      1.  Any officer who absents himself or herself without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.

      2.  Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.

      (Added to NRS by 1967, 1306)

      NRS 412.176  Efficiency and medical examining boards; appointment.

      1.  The efficiency, moral character and general fitness for retention in the Nevada National Guard of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation.

      2.  The physical fitness for further service of any commissioned officer in the Nevada National Guard may be investigated and determined by a medical examining board of officers.

      3.  Efficiency and medical examining boards shall be appointed by the Governor upon recommendation of the Adjutant General except that whenever an examining board is to be appointed for the purpose of determining fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.

      (Added to NRS by 1967, 1307)

      NRS 412.178  Efficiency and medical examining boards: Procedure; powers.  Efficiency and medical examining boards appointed by the Governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal laws and regulations and Office regulations. Any officer ordered to appear before such a board is entitled to appear in person or by counsel, to cross-examine witnesses and to call witnesses on his or her behalf. He or she is entitled at all stages of the proceeding to full access to records pertinent to his or her case and to be furnished copies of such records. Failure to appear before such examining board is sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the State. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter, the Governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible.

      (Added to NRS by 1967, 1307; A 1993, 1607)

      NRS 412.182  Responsibility for public property.  An officer receiving public property for military purposes is accountable for the article so received by him or her until the article is returned, or is disposed of pursuant to law or by order of the Governor. Until his or her accounts are examined and found correct, the accountability of such officer or his or her estate is not affected in any way by his or her resignation, discharge, change in official position or death. The Governor may relieve officers of accountability upon good cause shown.

      (Added to NRS by 1967, 1307)

      NRS 412.184  Allowances for uniform and equipment.  Repealed. (See chapters 254 and 311, Statutes of Nevada 2013, at pp. 1137, 1472.)

 

      NRS 412.186  Nevada National Guard Association.  All commissioned officers and warrant officers of the Nevada National Guard, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Nevada National Guard Association. The Association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws.

      (Added to NRS by 1967, 1308)

ENLISTED PERSONNEL

      NRS 412.188  Enlistment, period of service, oath, transfer and discharge; extension of enlistment.

      1.  The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the Nevada National Guard must be those prescribed by applicable federal laws and regulations and Office regulations.

      2.  The Governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel serving as reservists of the Nevada National Guard or volunteer military organizations licensed by the Governor for a period not to exceed 6 months after the termination of an emergency declared by the Governor, the Legislature, the President or Congress.

      3.  Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the Governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding component of the Nevada National Guard for the same period.

      (Added to NRS by 1967, 1308; A 1993, 1608; 2013, 1110)

      NRS 412.192  Noncommissioned officers.  All noncommissioned officers of the Nevada National Guard must be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers must be designated in Office regulations. The appointment of a noncommissioned officer may be terminated as prescribed by those regulations.

      (Added to NRS by 1967, 1308; A 1993, 1608)

      NRS 412.194  Absence without leave: Discharge.  When an enlisted person of the Nevada National Guard absents himself or herself without leave and there is reason to believe that he or she does not intend to return, he or she may be discharged in accordance with Office regulations.

      (Added to NRS by 1967, 1308; A 1993, 1608)

      NRS 412.1945  Nevada Enlisted Association of the National Guard of the United States.  Enlisted personnel of the Nevada National Guard, including retired enlisted members thereof, may organize themselves into an association, which is to be named the Nevada Enlisted Association of the National Guard of the United States. The Association may adopt bylaws not inconsistent with the statutes of this State and may alter and amend such bylaws. The Association may, upon request, provide advice and assistance to the Adjutant General regarding matters of concern to enlisted personnel of the Nevada National Guard.

      (Added to NRS by 2013, 1107)

NEVADA CODE OF MILITARY JUSTICE

General Provisions

      NRS 412.196  Short title.  NRS 412.196 to 412.584, inclusive, may be cited as the Nevada Code of Military Justice.

      (Added to NRS by 1967, 1309; A 2013, 1111)

      NRS 412.198  Definitions.  As used in the Nevada Code of Military Justice, unless the context otherwise requires, the words and terms defined in NRS 412.202 to 412.252, inclusive, have the meaning ascribed to them in those sections.

      (Added to NRS by 1967, 1309; A 1973, 132; 2013, 1111)

      NRS 412.202  “Accuser” defined.  “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, or any other person who has an interest other than an official interest in the prosecution of the accused.

      (Added to NRS by 1967, 1309)

      NRS 412.204  “Active state duty” defined.  “Active state duty” means full-time duty in the active military service of the State under an order of the Governor issued pursuant to authority vested in the Governor by law, and includes going to and returning from such duty.

      (Added to NRS by 1967, 1309)

      NRS 412.206  “Apprehension” defined.  “Apprehension” means the taking of a person into custody.

      (Added to NRS by 1967, 1309)

      NRS 412.208  “Arrest” defined.  “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.

      (Added to NRS by 1967, 1309)

      NRS 412.212  “Code” defined.  “Code” means the Nevada Code of Military Justice.

      (Added to NRS by 1967, 1309)

      NRS 412.214  “Commanding officer” defined.  “Commanding officer” means a commissioned officer who by virtue of rank and assignment exercises primary command authority over a military organization or a prescribed territorial area, which under pertinent official directives is recognized as a command.

      (Added to NRS by 1967, 1309; A 2013, 1111)

      NRS 412.216  “Commissioned officer” defined.  “Commissioned officer” includes an officer commissioned in the Armed Forces of the United States and all warrant officers of the same.

      (Added to NRS by 1967, 1309; A 2013, 1111)

      NRS 412.218  “Confinement” defined.  “Confinement” means the physical restraint of a person.

      (Added to NRS by 1967, 1309)

      NRS 412.222  “Convening authority” defined.  “Convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.

      (Added to NRS by 1967, 1309)

      NRS 412.224  “Enlisted member” defined.  “Enlisted member” means a person in an enlisted grade.

      (Added to NRS by 1967, 1309)

      NRS 412.226  “Grade” defined.  “Grade” means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

      (Added to NRS by 1967, 1309)

      NRS 412.232  “Legal officer” defined.  “Legal officer” means any commissioned officer of the Nevada National Guard designated to perform legal duties for a command.

      (Added to NRS by 1967, 1309)

      NRS 412.234  “May” defined.  “May” is used in a permissive sense. However, the words “no person may” mean that no person is required, authorized or permitted to do the act prescribed.

      (Added to NRS by 1967, 1309)

      NRS 412.236  “Military” defined.  “Military” refers to any or all of the Armed Forces.

      (Added to NRS by 1967, 1309)

      NRS 412.238  “Military court” defined.  “Military court” means a court-martial, a court of inquiry or a provost court.

      (Added to NRS by 1967, 1309)

      NRS 412.239  “Military judge” defined.  “Military judge” means an official of a general or special court-martial.

      (Added to NRS by 1973, 132; A 2013, 1111)

      NRS 412.242  “Nevada National Guard” defined.  “Nevada National Guard” includes the National Guard of the State, as defined in 32 U.S.C. § 101(3), the reservists to the Nevada National Guard and volunteer military organizations licensed by the Governor when called into active service by the Governor.

      (Added to NRS by 1967, 1309; A 2013, 1111)

      NRS 412.243  “Nonjudicial punishment” defined.  “Nonjudicial punishment” means punishment that is imposed:

      1.  Pursuant to NRS 412.286 to 412.302, inclusive;

      2.  Against an accused, through the chain of command, by the accused’s commanding officer or other officer in charge; and

      3.  Without the need to convene a court-martial.

      (Added to NRS by 2013, 1093)

      NRS 412.2435  “Principal assistant” defined.  “Principal assistant” means a commissioned officer of the state military forces serving immediately subordinate to the convening authority.

      (Added to NRS by 2013, 1093)

      NRS 412.244  “Rank” defined.  “Rank” means the order of precedence among members of the Armed Forces.

      (Added to NRS by 1967, 1309)

      NRS 412.2445  “Restraint-of-freedom punishments” defined.  “Restraint-of-freedom punishments” means restriction and arrest in quarters.

      (Added to NRS by 2013, 1093)

      NRS 412.2455  “Senior force judge advocate” defined.  “Senior force judge advocate” means the senior judge advocate of the commanding officer of the same force of the state military forces as the accused, and who is that commanding officer’s chief legal advisor.

      (Added to NRS by 2013, 1093)

      NRS 412.246  “Shall” defined.  “Shall” is used in an imperative sense.

      (Added to NRS by 1967, 1309)

      NRS 412.247  “Staff judge advocate” defined.  “Staff judge advocate” means a commissioned officer responsible for supervising the administration of military justice within a command.

      (Added to NRS by 1973, 132)

      NRS 412.248  “State Judge Advocate” defined.  “State Judge Advocate” means the commissioned officer responsible for supervising the administration of the military justice in the Nevada National Guard.

      (Added to NRS by 1967, 1310)

      NRS 412.249  “State military forces” defined.  “State military forces” means the members of the Nevada National Guard, reservists of the Nevada National Guard, and volunteer military organizations licensed by the Governor pursuant to NRS 412.126 to organize, drill and bear arms as volunteer military companies or volunteer military organizations.

      (Added to NRS by 2013, 1093)

      NRS 412.252  “Superior commissioned officer” defined.  “Superior commissioned officer” means a commissioned officer superior in rank or command.

      (Added to NRS by 1967, 1310)

      NRS 412.253  Duties of principal assistant.

      1.  The principal assistant shall assume command in the event of the commanding officer’s death, prolonged absence or disability.

      2.  In the case of the Nevada Air National Guard, the principal assistant may include an officer who lacks an aeronautical rating, as defined in Air Force Instruction 11-402 § 2.2, as it may be amended or replaced, and is serving in a position immediately subordinate to the convening authority.

      3.  Any delegation of authority to a principal assistant must be in writing, unless exigencies prevent such written delegation. If exigencies prevent written delegation, verbal authorization is sufficient and must be reduced to writing as soon as possible thereafter.

      (Added to NRS by 2013, 1093)

      NRS 412.254  Applicability.

      1.  The following persons who are not in federal service are subject to this Code:

      (a) Members of the Nevada National Guard, whether or not they are in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive.

      (b) Retired, separated or discharged members of the Nevada National Guard, regardless of their entitlement to pay, if the offense charged occurred before their retirement, separation or discharge.

      (c) All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey it.

      2.  No person may be punished under this Code for any offense provided for in the Code unless:

      (a) The person is subject to any provision of subsection 1 or is a member of the state military forces; and

      (b) The offense is either a purely military offense or a civilian offense where there is a nexus between the offense and the state military forces.

      3.  To impose disciplinary action under the Code, there must be jurisdiction over the person pursuant to NRS 412.2545 and jurisdiction over the subject matter pursuant to NRS 412.256.

      4.  For jurisdictional issues based on assignment or attachment, each service component shall refer to the current rules and other guidance applicable to the service component, including, without limitation, regulations and policy directives. Before the initiation of any action pursuant to this Code, the judge advocate shall require that the commanding officer resolve any jurisdictional issue regarding assigned or attached personnel involved in the action.

      (Added to NRS by 1967, 1310; A 1985, 758; 2013, 1111)

      NRS 412.2545  Jurisdiction over member of state military forces and persons in custody of state military forces.

      1.  The following persons are subject to jurisdiction under this Code:

      (a) Any person described in subsection 1 of NRS 412.254 or who is a member of the state military forces; and

      (b) Any person who is in the custody of the state military forces before trial or who is serving a sentence imposed by a court-martial.

      2.  Any person described in subsection 1 is subject to this Code until the person’s active service has been terminated in accordance with the law or regulations of the state military forces and the National Guard Bureau and the regulations applicable to that person’s service.

      (Added to NRS by 2013, 1093)

      NRS 412.256  Jurisdiction over certain offenses and to try certain personnel.  The following provisions apply with regard to jurisdiction under this Code:

      1.  An offense of a purely military nature contained in the Code may be the subject of administrative measures, nonjudicial punishment or courts-martial. Each military offense is derived from the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq. and, to the extent not inconsistent with the Code provisions describing those offenses, this Code incorporates each element of the offense as described in the Uniform Code with the following clarifications:

      (a) Insofar as an element of an offense described in the Uniform Code refers to the United States, the element also refers to this State.

      (b) Insofar as an element of an offense described in the Uniform Code refers to persons in the service of the United States or officials thereof, the element also includes persons in the service of the state military forces or state officials as provided in the Code.

      (c) Insofar as an element refers to the property of the United States, the element also includes property of this State.

      2.  Offenses of a nonmilitary nature may be the subject of administrative measures, nonjudicial punishment or court-martial provided that the person alleged to have committed the offense is subject to the Code and there is a nexus between the act or omission constituting the offense and the state military forces. Civilian criminal offenses may be subject to prosecution pursuant to 10 U.S.C. §§ 933 and 934 if that nexus is present.

      3.  A proper civilian court has primary jurisdiction when an act or omission violates both the Code and state or federal criminal law. In such cases, a state court-martial or nonjudicial proceeding for punishment may be initiated only after the civilian authority has declined to prosecute or has dismissed charges, provided jeopardy has not attached. However, nothing in this Code precludes a commanding officer from taking administrative action even if the civilian authority exercises jurisdiction. Administrative remedies are not considered double jeopardy.

      4.  Any member of the state military forces may be ordered to duty involuntarily for any purpose under the Code.

      5.  In conducting prosecutions, a judge advocate shall coordinate with the Attorney General of the State of Nevada, similar officials in the State or county or equivalent prosecutorial authorities and appropriate municipal prosecutorial authorities to ensure that the judge advocate prosecutes with the cooperation of those local and state prosecutors. A commanding officer shall refer all suspected civilian offenses to a judge advocate who shall coordinate with the proper authorities when appropriate.

      6.  Each person discharged from the Nevada National Guard who is later charged with having fraudulently obtained the discharge is, subject to NRS 412.376, subject to trial by court-martial on that charge and is after apprehension subject to this Code while in the custody of the military for that trial. Upon conviction of that charge the person is subject to trial by court-martial for all offenses under this Code committed before the fraudulent discharge.

      7.  No person who has deserted from the Nevada National Guard may be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any later period of service.

      (Added to NRS by 1967, 1310; A 2013, 1112)

      NRS 412.258  Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment.

      1.  If any commissioned officer dismissed by order of the Governor makes a written application for trial by court-martial, setting forth under oath that the officer has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he or she shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he or she is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal; but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Chief of Staff to the Governor shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

      2.  If the Governor fails to convene a general court-martial within 6 months from the presentation of an application for trial under this Code, the Chief of Staff to the Governor shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

      3.  If a discharge is substituted for a dismissal under this Code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.

      4.  If an officer is discharged from the Nevada National Guard by administrative action or by board proceedings under law, or is dropped from the rolls by order of the Governor, he or she has no right to trial under this section.

      (Added to NRS by 1967, 1310)

      NRS 412.262  Territorial applicability of Nevada Code of Military Justice.

      1.  This Code applies throughout the State. It also applies to all persons otherwise subject to this Code while they are serving outside the State, and while they are going to and returning from such service outside the State, in the same manner and to the same extent as if they were serving inside the State.

      2.  Courts-martial and courts of inquiry may be convened and held in units of the Nevada National Guard while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this Code as if the proceedings were held inside the State; and offenses committed outside the State may be tried and punished either inside or outside the State.

      (Added to NRS by 1967, 1310)

      NRS 412.263  Failure to comply with procedural provision of Code does not invalidate punishment imposed unless servicemen or servicewomen materially prejudiced by error.  Failure to comply with any procedural provision of this Code does not invalidate a punishment imposed pursuant to the Code, unless the error materially prejudiced a substantial right of the servicemen or servicewomen on whom the punishment was imposed.

      (Added to NRS by 2013, 1095)

      NRS 412.264  Judge advocates and legal officers.

      1.  The Adjutant General shall appoint an officer of the Nevada National Guard as State Judge Advocate. To be eligible for appointment, an officer must have been licensed to practice law in the State of Nevada for at least 5 years and must be qualified to act as a military judge advocate. The State Judge Advocate serves at the pleasure of the Adjutant General.

      2.  The Adjutant General may appoint as many assistant state judge advocates as he or she deems necessary, who must be officers of the Nevada National Guard and licensed to practice law in the State of Nevada.

      3.  The State Judge Advocate or his or her assistants shall make frequent inspections in the field to supervise the administration of military justice.

      4.  Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice. The staff judge advocate or legal officer of any command may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the State Judge Advocate.

      5.  No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.

      (Added to NRS by 1967, 1311; A 1973, 132; 1985, 758)

      NRS 412.2645  Person may not be tried or punished while incompetent.

      1.  A person may not be tried or adjudged to punishment under this Code while incompetent.

      2.  For the purposes of this section, a person is incompetent when presently suffering from a mental disease or defect rendering the person unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case.

      (Added to NRS by 2013, 1098)

Apprehension and Restraint

      NRS 412.266  Apprehension by authorized persons; quelling disorder.

      1.  Any person authorized by this Code, or by Office regulations issued pursuant thereto, to apprehend persons subject to this Code, any marshal of a court-martial appointed pursuant to the provisions of this Code and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

      2.  Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this Code and to apprehend persons subject to this Code who take part therein.

      (Added to NRS by 1967, 1311; A 1993, 1608)

      NRS 412.267  Arrest of member failing or refusing to report to place of duty; bail.

      1.  If any member of the Nevada National Guard fails or refuses to report to his or her appointed place of duty, his or her commanding officer may arrest the member or cause him or her to be arrested, and brought before the commanding officer at the unit or organization headquarters, whether such headquarters are located within or without the borders of the State.

      2.  After an arrest, the commanding officer may transport, or cause to be transported, the person arrested to his or her appointed place of duty.

      3.  If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest in aid of any criminal action. Such peace officer shall serve the warrant in the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.

      4.  If the commanding officer issuing the warrant, or the commanding officer’s authorized representative, is not available to receive the person arrested, the arresting officer shall take him or her before the nearest available magistrate in the State.

      5.  The magistrate may admit the person arrested to bail conditioned upon his or her appearance before the magistrate at a specified time for surrender to the commanding officer issuing the warrant.

      6.  If the person arrested is unable to give bail, he or she may be held in the county jail for a period not to exceed 3 days, pending his or her surrender to the commanding officer or the commanding officer’s authorized representative.

      (Added to NRS by 1973, 410)

      NRS 412.2675  Warrant of arrest: Form; fees and mileage for service.

      1.  Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form:

 

State of Nevada            }

                                         }ss.

County of...................... }

 

       To the (Sheriff) (Constable) (Chief of Police) of ................ (County) (Township and County) (City and County):

......................................................................................................................................... ,

(Name of person to be arrested, rank, serial number)

a member of .............................. (Unit designation) Nevada National Guard, having failed or refused to report to his or her appointed place of duty at ................................, you are therefore commanded forthwith to arrest the above-named .............................. and bring him or her before me at ................ The arrest may be made either during the day or at night.

       Dated at .....................……………........ this ….…............. day of the month of ………. of the year ……

 

                                                   /s/...................................................................................

                                                               (Name, rank, branch, organization,

                                                           and designation as commanding officer)

 

      2.  Fees and mileage allowed for the service of warrants must be the same as are provided by law for the service of criminal process and must be paid out of money appropriated to the office of the military, upon proper application therefor.

      (Added to NRS by 1973, 411; A 1993, 1609; 2001, 53)

      NRS 412.268  Apprehension of deserter.  Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the Nevada National Guard and deliver him or her into the custody of the Nevada National Guard. If an offender is apprehended outside the State, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement.

      (Added to NRS by 1967, 1311)

      NRS 412.272  Order of apprehension, arrest or confinement.

      1.  An enlisted member may be ordered into arrest or confinement by any commissioned officer by an oral or written order, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.

      2.  A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.

      3.  No person may be ordered apprehended or into arrest or confinement except for probable cause.

      4.  This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

      (Added to NRS by 1967, 1311)

      NRS 412.274  Restraint of person charged with offense; notice of charges; summary disposition.

      1.  Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require, by a person so authorized by this chapter; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement.

      2.  When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused and to try him or her or to dismiss the charges and release him or her.

      (Added to NRS by 1967, 1312; A 1973, 410)

      NRS 412.276  Place of confinement.  Confinement other than in a guardhouse, whether before, during or after trial by a military court, must be executed in civil jails, detention facilities, penitentiaries or prisons designated by the Governor or by such persons as the Governor may authorize to act.

      (Added to NRS by 1967, 1312; A 1989, 1180)

      NRS 412.277  Limitations on confinement.  No member of the state military forces may be placed in confinement in immediate association with:

      1.  An enemy prisoner; or

      2.  A person who is a citizen of a country other than the United States and who is not a member of the Armed Forces of the United States.

      (Added to NRS by 2013, 1093)

      NRS 412.278  Receipt of prisoner; report.

      1.  A provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any other jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by him or her, of the offense charged against the prisoner.

      2.  Every commander of a guard, master at arms, keeper or officer of a city or county jail or of any other jail, detention facility, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.

      (Added to NRS by 1967, 1312; A 1977, 871; 1989, 1180)

      NRS 412.282  Certain punishments prohibited before trial; labor pending trial.  Subject to NRS 412.412, no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure his or her presence; but the person may be subjected to minor punishment during that period for infractions of discipline, and may be required to perform such labor as may be necessary for the policing and sanitation of his or her living quarters and messing facilities and the area immediately adjacent thereto.

      (Added to NRS by 1967, 1312)

      NRS 412.284  Delivery of offender to civil authority; return to military authority.

      1.  Under such Office regulations as may be prescribed under this chapter, a person on active state duty subject to this Code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

      2.  When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his or her offense must, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.

      (Added to NRS by 1967, 1313; A 1993, 1609)

Nonjudicial Punishment

      NRS 412.286  Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers.

      1.  Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of NRS 412.286 to 412.302, inclusive, to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, punishment may not be imposed upon any member of the Nevada National Guard under NRS 412.286 to 412.302, inclusive, if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under Office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302, inclusive, to a principal assistant.

      2.  When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered double punishment under the Code. For the purposes of this subsection, “same offense” means an offense that was part of a single incident or course of conduct.

      3.  After nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise, unless the punishment imposed was not provided for in the Code.

      4.  When a commanding officer determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including, without limitation, all such offenses arising from a single incident or course of conduct, must ordinarily be considered together, rather than being made the basis for multiple punishment.

      5.  Nonjudicial punishment may not be imposed for any offense which was committed more than 3 years before the date of imposition of punishment, unless such 3-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this Code.

      6.  Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one time, more than one punishment nonjudicially for the offense or offenses arising from a single incident or course of conduct authorized in the Code.

      (Added to NRS by 1967, 1313; A 1993, 1609; 2013, 1113)

      NRS 412.287  Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.

      1.  Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures.

      2.  In determining the appropriate method of punishment, a commanding officer must consider, without limitation:

      (a) The nature of the offense;

      (b) The nature of the punishment;

      (c) The record of the offending serviceman or servicewoman;

      (d) The need to maintain good order and discipline; and

      (e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman.

      3.  Each commanding officer shall, insofar as is practicable, take action to ensure that:

      (a) Military justice is exercised promptly and fairly; and

      (b) Each matter of a disciplinary or punitive nature is resolved:

             (1) At the lowest appropriate level; and

             (2) Using the least severe punishment appropriate to the offense.

      (Added to NRS by 2013, 1094)

      NRS 412.2875  Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.

      1.  This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.

      2.  Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.

      3.  No superior may:

      (a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or

      (b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.

      4.  Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation:

      (a) The nature of the offense and the circumstances surrounding the commission of the offense;

      (b) The age, rank, duty assignment, record and experience of the offender; and

      (c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.

      5.  The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302, inclusive, is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.

      (Added to NRS by 2013, 1094)

      NRS 412.2877  Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.

      1.  Commanding officers have authority to impose nonjudicial punishment upon military personnel under their command. The authority of a commanding officer to impose nonjudicial punishment for certain types of offenses or certain categories of persons, or to impose certain types of punishment in specific cases, may be limited or withheld by a superior officer.

      2.  Only the Governor and general officers in command may delegate their authority under subsection 1 to a principal assistant. This limitation on delegation of authority does not remove the authority of other commanding officers authorized to act under this Code, but such other commanding officers may not delegate that authority. A commanding officer superior to the commanding officer having authority to impose nonjudicial punishment may withhold that authority.

      3.  A commanding officer at any echelon may withhold from any subordinate commanding officer all or part of the authority prescribed in subsection 1, including, without limitation, the authority to impose nonjudicial punishment for specific types of offenses that the subordinate would otherwise impose. When authority is withheld, such action should be explained in a clearly defined writing or directive. The original of the writing or directive must be filed in the office of the applicable judge advocate who serves the commanding officer whose authority has been withheld. Any such withholding remains in effect when a new commanding officer is appointed or assumes command, until and unless expressly revoked by the superior commanding officer. Any such action should be addressed to the position held by the commanding officer whose authority has been withheld, not to the commanding officer by name.

      (Added to NRS by 2013, 1095)

      NRS 412.2879  Right of accused to demand trial by court-martial; limitations.  An accused facing nonjudicial punishment has the right to demand a trial by court-martial only if the commanding officer who initiated the proceeding for nonjudicial punishment elects to impose restraint-of-freedom punishments. If, before an offer of nonjudicial punishment is made, the commanding officer elects not to impose restraint-of-freedom punishments, the accused has no right to demand a trial by court-martial. If the commanding officer does not advise the accused serviceman or servicewoman of his or her right to reject the nonjudicial punishment and demand a trial by court-martial on initiation of the nonjudicial punishment action, the commanding officer thereby waives the right to retain the restraint-of-freedom punishments.

      (Added to NRS by 2013, 1095)

      NRS 412.288  Imposition and enforcement of disciplinary punishment without court-martial.

      1.  Subject to NRS 412.286, a commanding officer may impose one or more of the following authorized maximum disciplinary punishments listed in this subsection for minor offenses, without the intervention of a court-martial:

      (a) The maximum punishments a company grade officer may impose upon enlisted members of the officer’s command for each offense are:

             (1) For traditional guard members of the Nevada National Guard:

                   (I) Suspension from duty for not more than two drill periods which need not be consecutive;

                   (II) Forfeiture of pay for not more than two drill periods which need not be consecutive;

                   (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;

                   (IV) Withholding of privileges for not more than 6 consecutive months;

                   (V) Reprimand; and

                   (VI) Admonition.

             (2) For active guard reserve members of the Nevada National Guard:

                   (I) Suspension from duty for not more than 14 days which need not be consecutive;

                   (II) Forfeiture of pay for not more than 14 days which need not be consecutive;

                   (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;

                   (IV) Withholding of privileges for not more than 6 consecutive months;

                   (V) Reprimand; and

                   (VI) Admonition.

      (b) The maximum punishments a commanding officer of the grade of major or above may impose upon enlisted members of the officer’s command are:

             (1) Any punishment authorized in paragraph (a).

             (2) For traditional guard members of the Nevada National Guard:

                   (I) Suspension from duty for not more than four drill periods which need not be consecutive;

                   (II) Forfeiture of pay for not more than four drill periods which need not be consecutive; and

                   (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

             (3) For active guard reserve members of the Nevada National Guard:

                   (I) Suspension from duty for not more than 1 month, the days of which need not be consecutive;

                   (II) Forfeiture of pay for not more than 1 month, the days of which need not be consecutive; and

                   (III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

      (c) The maximum punishments which a commanding officer may impose upon officers under the commanding officer’s command are:

             (1) Any punishment otherwise authorized pursuant to this section and, if the commanding officer is a major or above, any punishment authorized in paragraph (b).

             (2) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:

                   (I) For traditional guard members of the Nevada National Guard, suspension from duty for not more than eight drill periods which need not be consecutive and forfeiture of pay for not more than one-half of one drill period’s pay for eight drill periods which need not be consecutive.

                   (II) For active guard reserve members of the Nevada National Guard, suspension from duty for not more than 2 months, the days of which need not be consecutive and forfeiture of pay for not more than one-half of 1 month’s pay for 2 months, the days of which need not be consecutive.

      2.  The Governor, the Adjutant General, an officer exercising general court-martial authority or an officer of a general or flag rank may impose any punishment authorized in subsection 1 upon any officer or enlisted member of the officer’s command.

      (Added to NRS by 1967, 1313; A 2013, 1114)

      NRS 412.292  Powers of officer in charge to impose punishment.  Repealed. (See chapter 254, Statutes of Nevada 2013, at page 1137.)

 

      NRS 412.2925  Use of summarized proceeding if commanding officer determines punishment will not include restraint-of-freedom punishments; notice to accused; accused not entitled to counsel; scheduling of hearing.

      1.  A commanding officer, after preliminary inquiry, may use a summarized proceeding if it is determined that punishment will not include restraint-of-freedom punishments.

      2.  A Summarized Record of Proceedings, under Article 15, UCMJ, as contained in Army Regulation 27-10, or AF Form 3070, as they may be amended or replaced, must be used to record the summarized nonjudicial punishment proceedings. However, the notification of the right to demand a trial by court-martial must be stricken from the form.

      3.  If a commanding officer who intends to impose nonjudicial punishment determines that a summarized proceeding is appropriate, the accused must be notified in writing of:

      (a) The intent of the commanding officer to initiate nonjudicial punishment;

      (b) The intent of the commanding officer to use summarized proceedings;

      (c) The lack of a right on the part of the accused to demand a trial by court-martial;

      (d) The maximum punishments allowable pursuant to the summarized proceeding;

      (e) The right of the accused to remain silent;

      (f) Each offense that the accused has allegedly committed with reference to the sections of the law allegedly violated;

      (g) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation; and

      (h) The right of the accused to appeal within the period set forth in subsection 4 of NRS 412.296.

      4.  If a commanding officer determines that a summarized proceeding is appropriate, the accused does not have the right to consult with counsel before the hearing and the accused does not have the right to counsel or a spokesperson during the hearing.

      5.  Consistent with the regulations applicable to the accused’s service, if a hearing is scheduled, notification of the date and time of the hearing may be made orally or in writing. The hearing must be scheduled not earlier than 24 hours and not later than 60 days after the accused receives notification pursuant to subsection 3 of the intent of the commanding officer to impose nonjudicial punishment.

      (Added to NRS by 2013, 1096)

      NRS 412.293  Use of formal proceeding if commanding officer determines punishment will include restraint-of-freedom punishments; notice to accused; accused entitled to counsel; commanding officer not bound by formal rules of evidence.

      1.  A commanding officer who, after preliminary inquiry, determines that the punishment options will include restraint-of-freedom punishments shall use a formal proceeding.

      2.  If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:

      (a) The intent of the commanding officer to initiate nonjudicial punishment;

      (b) The intent of the commanding officer to use a formal proceeding;

      (c) The maximum punishments allowable under the formal proceeding;

      (d) The right of the accused to remain silent;

      (e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;

      (f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;

      (g) The right of the accused to consult with a judge advocate and the location of such counsel;

      (h) The right of the accused to demand a trial by court-martial at any time before the imposition of the nonjudicial punishment; and

      (i) The right of the accused to appeal.

      3.  If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel, to gather matters in defense, extenuation and mitigation and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial. This decision period must be at least 48 hours, depending on the availability of counsel, but such period may be extended at the request of the accused.

      4.  The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.

      (Added to NRS by 2013, 1096)

      NRS 412.2935  Announcement of results of punishment.

      1.  A punishment may be announced at the next formation of the unit of the accused after the punishment is imposed or, if appealed, after the decision on the appeal. The announcement may also be posted on a bulletin board of the unit or published in a newsletter or web publication of the unit.

      2.  The announcement of the results of punishments may be used to mitigate perceptions of unfairness of punishment and to serve as a deterrent to similar misconduct by other servicemen and servicewomen. The announcement of punishments must not be undertaken to invoke public embarrassment or scorn of the serviceman or servicewoman so punished. Accordingly, the practice of announcing punishments must be undertaken in a consistent manner to avoid the appearance of favoritism or vindictiveness.

      3.  In deciding whether to announce the punishment of servicemen and servicewomen in the grade of E-5 or above, the commanding officer shall consider the following factors:

      (a) The nature of the offense;

      (b) The military record and duty position of the serviceman or servicewoman being punished;

      (c) The deterrent effect of announcing the punishment;

      (d) The impact on the morale or mission of the applicable unit;

      (e) The impact on the victim, if any, of the serviceman’s or servicewoman’s offense; and

      (f) The impact on the ability of the serviceman or servicewoman to lead.

      (Added to NRS by 2013, 1097)

      NRS 412.294  Suspension, remission or mitigation of punishment.

      1.  The officer who imposes the punishment authorized in NRS 412.288, or the officer’s successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under NRS 412.288, whether or not executed.

      2.  In addition, he or she may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.

      3.  He or she may also mitigate reduction in grade to forfeiture or detention of pay.

      4.  When mitigating forfeiture of pay to detention of pay, the amount of the detention must not be greater than the amount of the forfeiture.

      5.  When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under NRS 412.286 to 412.302, inclusive, by the officer who imposed the punishment mitigated.

      (Added to NRS by 1967, 1314; A 2013, 1116)

      NRS 412.296  Appeal to superior authority.

      1.  A person punished under NRS 412.286 to 412.302, inclusive, who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under NRS 412.294 by the officer who imposed the punishment. Before acting on an appeal from a punishment of:

      (a) Suspension or forfeiture of pay for more than two drill periods or 14 days; or

      (b) Reduction of one or more pay grades,

Ê the authority who is to act on the appeal shall refer the case to the State Judge Advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under NRS 412.288.

      2.  Appeals of nonjudicial punishment must be made to the next superior authority. The next superior authority is typically the commanding officer superior to the commanding officer who imposed the punishment. When a principal assistant imposes nonjudicial punishment, the next superior authority is the commanding officer superior to the commanding officer who delegated the power to the principal assistant to impose punishment.

      3.  Only one appeal is allowed pursuant to this section.

      4.  The accused must be given a reasonable time within which to submit an appeal. A reasonable time is 30 days after imposition of the nonjudicial punishment or the time before the next monthly drill following imposition of the punishment, whichever comes later.

      5.  A superior authority to the commanding officer who imposed the nonjudicial punishment, typically the next superior commanding officer, may act on an appeal.

      6.  Appeals must be in writing on applicable forms provided by the Office of the State Judge Advocate and must set forth the reasons for appeal and include additional documentation and evidence supporting the appeal. The superior authority may not consider additional evidence which was not presented to the commanding officer who imposed the nonjudicial punishment unless the exclusion of such evidence would yield an unjust result.

      7.  Before acting on an appeal, the superior authority shall refer the case to a judge advocate for consideration and advice. The judge advocate shall render an opinion as to the appropriateness of the punishment and whether the proceedings were conducted in accordance with law and regulations. When a case is so referred, the judge advocate is not limited to an examination of any written matter comprising the record of proceedings, and may make any inquiries and examine any additional matter deemed necessary.

      8.  In acting on an appeal, the superior authority may exercise the same power with respect to punishment imposed as may be exercised by the officer who imposed the nonjudicial punishment. The superior authority shall consider the record of proceedings, any matters submitted by the serviceman or servicewoman, any matters considered during legal review and any other appropriate matters. If the superior authority sets aside nonjudicial punishment due to procedural error, such superior authority may authorize additional proceedings by the imposing commanding officer or a successor, but the punishment shall be not more severe than that originally imposed. Upon completion of action by the superior authority, the accused must be promptly notified of the results.

      (Added to NRS by 1967, 1315; A 2013, 1117)

      NRS 412.298  Disciplinary punishment not bar to court-martial.  The imposition and enforcement of disciplinary punishment pursuant to NRS 412.286 to 412.302, inclusive, for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

      (Added to NRS by 1967, 1315; A 2013, 1118)

      NRS 412.302  Records of nonjudicial punishment.  The Adjutant General may, by Office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that certain categories of those proceedings must be in writing.

      (Added to NRS by 1967, 1315; A 1993, 1610)

Jurisdiction of Courts-Martial

      NRS 412.304  Courts-martial of Nevada National Guard not in federal service; composition.

      1.  In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.

      2.  The three types of courts-martial for the state military forces include:

      (a) General courts-martial, consisting of:

             (1) A military judge and not less than five members; or

             (2) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge, and the military judge approves the request.

      (b) Special courts-martial, consisting of:

             (1) A military judge and not less than three members; or

             (2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request.

      (c) Summary courts-martial, consisting of one commissioned officer.

      (Added to NRS by 1967, 1315; A 1973, 133; 2013, 1118)

      NRS 412.306  Jurisdiction of courts-martial of each force.  The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force must be in accordance with Office regulations.

      (Added to NRS by 1967, 1316; A 1993, 1610)

      NRS 412.307  Jurisdiction of courts-martial of each component and branch of state military forces.  Each component or branch of the state military forces has court-martial jurisdiction over all servicemen and servicewomen of that particular component or branch who are subject to this Code. Additionally, the Nevada Army National Guard and Nevada Air National Guard have court-martial jurisdiction over all servicemen and servicewomen subject to this Code.

      (Added to NRS by 2013, 1098)

      NRS 412.308  General court-martial.  Subject to NRS 412.306, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment allowed by the Code.

      (Added to NRS by 1967, 1316; A 2013, 1119)

      NRS 412.312  Special court-martial.  Subject to NRS 412.306, special courts-martial have jurisdiction to try persons subject to this Code for any offense for which they may be punished under this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except for dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture of pay exceeding one-half pay per month or forfeiture of pay for more than 1 year.

      (Added to NRS by 1967, 1316; A 2013, 1119)

      NRS 412.314  Summary court-martial.

      1.  Subject to NRS 412.306, summary courts-martial have jurisdiction to try persons subject to this Code, except officers, cadets, candidates and midshipmen, for any offense made punishable by this Code under such limitations as the Governor may prescribe.

      2.  No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than 1 month, restriction to specified limits for more than 2 months or forfeiture of more than one-half of 1 month’s pay.

      (Added to NRS by 1967, 1316; A 2013, 1119)

      NRS 412.316  Sentence of dismissal or dishonorable discharge must be approved by Governor.  In the Nevada National Guard not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor.

      (Added to NRS by 1967, 1316)

      NRS 412.318  When complete record of proceedings and testimony required.  A dishonorable discharge, bad-conduct discharge or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.

      (Added to NRS by 1967, 1316)

      NRS 412.322  Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.  A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when the person is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction, adjudge such punishment as may be appropriate, except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.

      (Added to NRS by 1967, 1316)

Convening and Composition of Courts-Martial

      NRS 412.324  Convening general court-martial.

      1.  In the Nevada National Guard not in federal service, a general court-martial may be convened by the:

      (a) Governor;

      (b) Adjutant General;

      (c) Commanding officer of a component of the state military forces;

      (d) Commanding officer of a division or a separate brigade; or

      (e) Commanding officer of a separate wing.

      2.  If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

      (Added to NRS by 1967, 1317; A 2013, 1120)

      NRS 412.326  Convening special court-martial.

      1.  In the Nevada National Guard not in federal service, a special court-martial may be convened by:

      (a) Any person who may convene a general court-martial;

      (b) The commanding officer of a garrison, fort, post, camp, Nevada Air National Guard base or naval base or station;

      (c) The commanding officer of a brigade, regiment, detached battalion or corresponding unit of the Nevada Army National Guard;

      (d) The commanding officer of a wing, group, separate squadron or corresponding unit of the Nevada Air National Guard; or

      (e) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.

      2.  When any such officer is an accuser, the court must be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

      (Added to NRS by 1967, 1317; A 2013, 1120)

      NRS 412.328  Convening summary court-martial.

      1.  In the Nevada National Guard not in federal service, a summary court-martial may be convened by:

      (a) Any person who may convene a general court-martial;

      (b) The commanding officer of a detached company or other detachment or corresponding unit of the Nevada Army National Guard;

      (c) The commanding officer of a detached squadron or other detachment or the corresponding unit of the Nevada Air National Guard; or

      (d) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.

      2.  When only one commissioned officer is present with a command or detachment he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.

      (Added to NRS by 1967, 1317; A 2013, 1120)

      NRS 412.332  Who may serve on courts-martial.

      1.  Any commissioned officer of or on duty with the Nevada National Guard is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

      2.  Any warrant officer of or on duty with the Nevada National Guard is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

      3.  Any enlisted member of the Nevada National Guard who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if, before the conclusion of a session called by the military judge before trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused serviceman or servicewoman may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. As used in this subsection, the word “unit” means any regularly organized body of the Nevada National Guard not larger than a company, a squadron or a corresponding body.

      4.  When it can be avoided, no person subject to this Code shall be tried by a court-martial any member of which is junior to him or her in rank or grade.

      5.  When convening a court-martial, the convening authority shall detail as members thereof such members of the Nevada National Guard as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the Nevada National Guard is eligible to serve as a member of a general or special court-martial when he or she is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.

      6.  Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.

      7.  If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the State and of appropriate rank, the convening authority shall appoint him or her as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.

      (Added to NRS by 1967, 1317; A 2013, 1121)

      NRS 412.334  Military judge of general or special court-martial.

      1.  A military judge must be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

      2.  The authority convening a general or special court-martial shall request the State Judge Advocate to detail a military judge. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge who is detailed if the report relates to the military judge’s performance of duty as a military judge.

      3.  No person may act as military judge in a case wherein the person is the accuser, a witness, counsel or has acted as investigating officer.

      4.  The military judge may not consult with the members of the court except in the presence of the accused and trial and defense counsel, nor may he or she vote with the members of the court.

      (Added to NRS by 1967, 1318; A 1973, 133; 2013, 1122)

      NRS 412.3345  Military judge: Qualifications.

      1.  A military judge must be:

      (a) An active or retired commissioned officer of an organized state military force or in federal service;

      (b) One of the following:

             (1) A member in good standing of the State Bar of Nevada;

             (2) A member of the bar of a federal court for at least 5 years; or

             (3) A person who is licensed to practice law in a state other than the State of Nevada, certified by the Adjutant General of the state in which the military judge is licensed, and a member in good standing therein, and who has received permission from the State Bar of Nevada to sit as a military judge; and

      (c) Certified as qualified for duty as a military judge by the senior force judge advocate of the same military force of which the accused is a member.

      2.  If a military judge is not a member of the State Bar of Nevada, the military judge shall be deemed admitted pro hac vice, subject to filing with the senior force judge advocate of the same military force of which the accused is a member a certificate setting forth that the other qualifications provided in subsection 1 have been met.

      (Added to NRS by 2013, 1097)

      NRS 412.336  Trial counsel and defense counsel.

      1.  For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate.

      2.  No person who has acted as investigating officer, military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.

      3.  Unless requested by the accused, no person who has acted as investigating officer, military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.

      4.  No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.

      5.  Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.

      6.  Except as otherwise provided in subsection 7, trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate, and trial counsel must be a member in good standing of the State Bar of Nevada.

      7.  In the instance when defense counsel is not a member of the State Bar of Nevada, the defense counsel must be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:

      (a) A commissioned officer of the Armed Forces of the United States or a component thereof;

      (b) A member in good standing of the bar of the highest court of his or her state; and

      (c) Certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy or the Marine Corps; or

      (d) A judge advocate as defined in this Code.

      (Added to NRS by 1967, 1318; A 1973, 142; 1975, 78; 2013, 1122)

      NRS 412.338  Court reporter and interpreter.  Under Office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.

      (Added to NRS by 1967, 1318; A 1993, 1610)

      NRS 412.342  Absence or excusal of member of court-martial; additional members; effect of absence on trial.

      1.  No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless:

      (a) Excused as a result of a challenge;

      (b) Excused by the military judge for physical disability; or

      (c) By order of the convening authority for good cause.

      2.  Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused and counsel.

      3.  Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

      4.  If the military judge of a court-martial composed of a military judge only is unable to proceed with trial because of physical disability, as a result of a challenge or for other good cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.

      (Added to NRS by 1967, 1319; A 1973, 134; 2013, 1122)

Pretrial Procedure

      NRS 412.344  Charges and specifications.

      1.  Charges and specifications shall be signed by a person subject to this Code under oath before a person authorized by this Code to administer oaths and shall state:

      (a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and

      (b) That they are true in fact to the best of his or her knowledge and belief.

      2.  Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.

      (Added to NRS by 1967, 1319)

      NRS 412.346  Compulsory self-incrimination and immaterial and degrading evidence prohibited; accused must be informed of his or her rights.

      1.  No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.

      2.  No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:

      (a) Informing him or her of the nature of the accusation;

      (b) Advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial; and

      (c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.

      3.  No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.

      4.  No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.

      (Added to NRS by 1967, 1319; A 1973, 295)

      NRS 412.348  Investigation: Procedure; rights of accused; uncharged offenses.

      1.  No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

      2.  The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

      3.  If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.

      4.  If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

      (a) Present at the investigation;

      (b) Informed of the nature of each uncharged offense investigated; and

      (c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.

      5.  The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.

      (Added to NRS by 1967, 1319; A 2013, 1123)

      NRS 412.352  Forwarding of charges.  When a person is held for trial by general court-martial the commanding officer shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, the commanding officer shall report in writing to the Governor the reasons for delay.

      (Added to NRS by 1967, 1320)

      NRS 412.354  Advice of State Judge Advocate; reference for trial; formal correction of charges.

      1.  Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:

      (a) The specification alleges an offense under this Code;

      (b) The specification is warranted by evidence indicated in the report of the investigation, if there is such a report; and

      (c) A court-martial would have jurisdiction over the accused and the offense.

      2.  If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.

      3.  The advice of the State Judge Advocate pursuant to subsection 1, with respect to a specification under a charge, must include a written and signed statement by the judge advocate:

      (a) Expressing conclusions with respect to each matter set forth in subsection 1; and

      (b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.

      (Added to NRS by 1967, 1320; A 2013, 1124)

      NRS 412.356  Service of charges.  The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his or her objection, be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon the person, or before a special court-martial within a period of 3 days after the service of the charges upon the person.

      (Added to NRS by 1967, 1320)

Trial Procedure

      NRS 412.358  Procedural regulations.  Pretrial, trial and posttrial procedures, including modes of proof, for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise provided by law. The regulations prescribed under this section must apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.

      (Added to NRS by 1967, 1321; A 1993, 1610; 2013, 1124)

      NRS 412.362  Unlawfully influencing action of court.

      1.  Except as otherwise provided in subsection 2, no authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish the court or any member, law officer or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, his or her functions in the conduct of the proceeding. No person subject to this Code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his or her judicial acts.

      2.  Subsection 1 does not apply with respect to:

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

      (b) To statements and instructions given in open court by the military judge, summary court-martial officer or counsel.

      3.  In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on active status, no person subject to this Code may, in preparing any such report:

      (a) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or

      (b) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.

      (Added to NRS by 1967, 1321; A 2013, 1125)

      NRS 412.364  Duties of trial counsel and defense counsel.

      1.  The trial counsel of a general or special court-martial shall prosecute in the name of the State and shall, under the direction of the court, prepare the record of the proceedings.

      2.  The accused has the right to be represented in his or her defense before a general or special court-martial or at an investigation as provided in NRS 412.348.

      3.  The accused may be represented:

      (a) In his or her defense before a general or special court-martial, by civilian counsel at the provision and expense of the accused;

      (b) By military counsel selected by the accused if reasonably available; or

      (c) By the defense counsel detailed under NRS 412.336.

      4.  Should the accused have counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her associate counsel, otherwise they shall be excused by the president of the court.

      5.  Except as otherwise provided in subsection 6, if the accused is represented by military counsel of his or her own selection pursuant to paragraph (b) of subsection 3, any military counsel detailed in paragraph (c) of subsection 3 must be excused.

      6.  The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under NRS 412.336 to detail counsel, in that person’s sole discretion:

      (a) May detail additional military counsel as assistant defense counsel; and

      (b) If the accused is represented by military counsel of the accused’s own selection pursuant to paragraph (b) of subsection 3, may approve a request from the accused that military counsel detailed in paragraph (c) of subsection 3 act as associate defense counsel.

      7.  The senior force judge advocate of the same component of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

      8.  In every court-martial proceeding the defense counsel may, in the event of conviction:

      (a) Forward for attachment to the record of proceedings a brief of such matters as the defense counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate;

      (b) Assist the accused in the submission of any matter under NRS 412.452 to 412.562, inclusive; and

      (c) Take other action authorized by this Code.

      9.  An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by NRS 412.336, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

      10.  An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by NRS 412.336, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.

      (Added to NRS by 1967, 1321; A 2013, 1125)

      NRS 412.366  Presence of members and parties at proceedings.

      1.  At any time after the service of charges, which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:

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

      (b) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;

      (c) Holding the arraignment and receiving the pleas of the accused; or

      (d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.

      2.  The proceedings described in subsection 1 must be conducted in the presence of the accused, defense counsel and trial counsel and must be made a part of the record. Such proceedings are not required to adhere to the provisions of NRS 412.342.

      3.  Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

      (Added to NRS by 1967, 1321; A 1973, 134; 2013, 1126)

      NRS 412.368  Continuance.  The military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

      (Added to NRS by 1967, 1322; A 1973, 135)

      NRS 412.372  Challenges of military judge and members.

      1.  The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless justice dictates otherwise.

      2.  If exercise of a challenge for cause reduces the court below the minimum number of members required by NRS 412.304, all parties shall, notwithstanding NRS 412.342, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges must not be exercised at that time.

      3.  Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.

      4.  If exercise of a peremptory challenge reduces the court below the minimum number of members required by NRS 412.304, the parties shall, notwithstanding NRS 412.342, either exercise or waive any remaining peremptory challenge not previously waived against the remaining members of the court before additional members are detailed to the court.

      5.  Whenever additional members are detailed to the court and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

      (Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)

      NRS 412.374  Oaths.

      1.  The military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

      2.  The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation must be taken for all cases in which these duties are to be performed or for a particular case must be as prescribed in regulation or as provided by law. The regulations may provide that:

      (a) An oath or affirmation to perform faithfully the duties of a military judge, trial counsel or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty; and

      (b) If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.

      3.  Each witness before a military court shall be examined on oath or affirmation.

      (Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)

      NRS 412.376  Statute of limitations; computation and suspension of period of limitation.

      1.  A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.

      2.  Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under NRS 412.554, is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

      3.  Except as otherwise provided in this section or title 15 of NRS, a person charged with any offense is not liable to be tried by court-martial or punished under NRS 412.286 to 412.302, inclusive, if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under NRS 412.286 to 412.302, inclusive.

      4.  Periods in which the accused is absent without authority or fleeing from justice are excluded in computing the period of limitation prescribed in this section.

      5.  Periods in which the accused was absent from territory in which the State has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, are excluded in computing the period of limitation prescribed in this section.

      6.  When the United States is at war, the running of any statute of limitations applicable to any offense under this Code:

      (a) Involving fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;

      (b) Committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or

      (c) Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of war or with any disposition of termination inventory by any war contractor or government agency,

Ê is suspended until 2 years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the Congress of the United States.

      7.  If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the dismissal of the charges or specifications, trial and punishment under new charges and specification are not barred by the statute of limitations if the new charges and specifications:

      (a) Are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and

      (b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.

      (Added to NRS by 1967, 1322; A 2013, 1128)

      NRS 412.378  Double jeopardy.

      1.  No person may, without his or her consent, be tried a second time in any military court of the State for the same offense.

      2.  No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

      3.  A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

      (Added to NRS by 1967, 1322)

      NRS 412.382  Pleas of accused; effect of plea of guilty.

      1.  If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

      2.  With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding constitutes the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings must continue as though the accused had pleaded not guilty.

      (Added to NRS by 1967, 1323; A 2013, 1129)

      NRS 412.384  Obtaining witnesses and evidence: Procedure; service of process.

      1.  The trial counsel, the defense counsel and the court-martial must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with Office regulations.

      2.  The military judge or a summary court officer may:

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

      (b) Issue subpoenas duces tecum and other subpoenas;

      (c) Enforce by attachment the attendance of witnesses and the production of books and papers; and

      (d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the State.

      3.  Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may run to any part of the State and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.

      (Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)

      NRS 412.386  Refusal to appear or testify.  Any person not subject to this Code who:

      1.  Has been subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;

      2.  Has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a district court of the State; and

      3.  Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce,

Ê is guilty of an offense against the State and may be punished in the same manner as if committed before civil courts of the State.

      (Added to NRS by 1967, 1323)

      NRS 412.388  Contempt; penalty.  A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. A person not subject to this Code may be punished for contempt by a military court in the same otherwise applicable manner as that person could be punished if found in contempt of a criminal or civil court of the State.

      (Added to NRS by 1967, 1323; A 2013, 1129)

      NRS 412.392  Deposition.

      1.  At any time after charges have been signed, as provided in NRS 412.344, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.

      2.  The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

      3.  Depositions may be taken before and authenticated by any military officer or other person authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.

      4.  A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:

      (a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of hearing;

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

      (c) That the present whereabouts of the witness is unknown.

      (Added to NRS by 1967, 1323)

      NRS 412.394  Admissibility of records of courts of inquiry.

      1.  In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

      2.  Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

      3.  Such testimony may also be read in evidence before a court of inquiry or a military board.

      (Added to NRS by 1967, 1324)

      NRS 412.3945  Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

      1.  It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.

      2.  The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

      3.  Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:

      (a) Guilty;

      (b) Not guilty; or

      (c) Not guilty by reason of lack of mental responsibility.

Ê Notwithstanding the provisions of NRS 412.396, the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.

      4.  The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:

      (a) Guilty;

      (b) Not guilty; or

      (c) Not guilty only by lack of mental responsibility.

Ê Notwithstanding the provisions of NRS 412.396, the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

      (Added to NRS by 2013, 1098)

      NRS 412.396  Voting; instructions; findings.

      1.  Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.

      2.  The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438, inclusive. During the trial, the military judge may change the ruling at any time.

      3.  Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:

      (a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;

      (b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;

      (c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and

      (d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.

      4.  If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.

      (Added to NRS by 1967, 1324; A 1973, 136; 2013, 1129)

      NRS 412.398  Number of votes required.

      1.  No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.

      2.  All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.

      3.  All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by voice and by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

      (Added to NRS by 1967, 1325; A 2013, 1130)

      NRS 412.402  Court to announce action.  A court-martial shall announce its findings and sentence to the parties as soon as determined.

      (Added to NRS by 1967, 1325)

      NRS 412.404  Record of trial.

      1.  Each general and special court-martial must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his or her absence, it must be signed by a member in lieu of him or her. If both the president and the military judge are unavailable, the record must be authenticated by two members. In a court-martial consisting of only a military judge, the court reporter shall authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.

      2.  A complete verbatim record of the proceedings and testimony must be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record must contain such matters as may be prescribed by regulations.

      3.  Each summary court-martial must keep a separate record of the proceedings in each case, and the record must be authenticated in the manner as may be prescribed by regulations.

      4.  A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 2, the accused may buy such a record in accordance with Office regulations.

      (Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611; 2013, 1130)

Sentences

      NRS 412.406  Cruel and unusual punishments prohibited.  Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

      (Added to NRS by 1967, 1325)

      NRS 412.408  Punishments limited.

      1.  The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this Code, but a sentence may not exceed more than confinement for 10 years for a military offense nor can a sentence of death be adjudged. Any conviction by general court-martial of any military offense for which an accused can receive a sentence of confinement for more than 1 year is a felony. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.

      2.  The limits of punishment for violations of punitive articles prescribed herein must be the lesser of the sentences prescribed by the Manual for Courts-Martial of the United States that went into effect on January 1, 2004, and the most current edition of the State manual for courts-martial, if any, but no punishment may exceed that authorized by this Code.

      3.  None of the provisions of this Code shall subject anyone to imprisonment for failure to pay a fine imposed by a military court.

      (Added to NRS by 1967, 1325; A 2013, 1131)

      NRS 412.412  Effective date of sentence.

      1.  Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

      2.  Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended must be excluded in computing the service of the term of confinement. Office regulations may provide that sentences of confinement may not be executed until approved by designated officers.

      3.  All other sentences of courts-martial are effective on the date ordered executed.

      (Added to NRS by 1967, 1325; A 1993, 1611)

      NRS 412.414  Execution of confinement.

      1.  A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the State or of any political subdivision thereof.

      2.  No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.

      3.  The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the Governor, or by such person as the Governor may authorize to act under NRS 412.276, shall:

      (a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court; and

      (b) Confine them according to law.

Ê A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.

      (Added to NRS by 1967, 1326; A 1989, 1181; 2013, 1131)

      NRS 412.4145  Deferment of service of sentence of confinement.

      1.  On application by an accused who is under a sentence of confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in the sole discretion of that person, defer service of the sentence of confinement. The deferment must terminate when the sentence is ordered executed. The person who granted the deferment may rescind the deferment at any time. If the accused is no longer under the jurisdiction of the person who granted the deferment, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may rescind the deferment at any time.

      2.  In any case in which a court-martial sentences an accused referred to in subsection 1 to confinement, the convening authority may defer the service of the sentence of confinement without the consent of the accused until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country.

      3.  Subsection 1 applies to a person subject to this Code who:

      (a) While in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and

      (b) After the court-martial described in paragraph (a), is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty, as the case may be.

      4.  In any case in which a court-martial sentences an accused to confinement and the sentence of confinement has been ordered executed pending review, the Adjutant General may defer further service of the sentence of confinement while that review is pending.

      5.  As used in this section, the term “state” includes any state, the District of Columbia and any commonwealth, territory or possession of the United States.

      (Added to NRS by 2013, 1099)

      NRS 412.4155  Forfeiture of pay and allowances during period of confinement or parole; waiver.

      1.  This section applies to any sentence that includes:

      (a) Confinement for more than 6 months; or

      (b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.

      2.  A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.

      3.  In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

      4.  If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

      (Added to NRS by 2013, 1099)

      NRS 412.4157  Person sentenced by court-martial may be required to take leave under certain circumstances.  Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.4495, inclusive, if the sentence includes an unsuspended dismissal, an unsuspended dishonorable discharge or a bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved or at any time after such date, and such leave may be continued until the date on which action under NRS 412.304 to 412.4495, inclusive, is completed or may be terminated at an earlier time.

      (Added to NRS by 2013, 1102)

      NRS 412.416  Reduction in enlisted grade upon approval.

      1.  Unless otherwise provided in Office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:

      (a) A dishonorable or bad-conduct discharge; or

      (b) Confinement,

Ê reduces that member to pay grade E-1, effective on the date of that approval.

      2.  If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which the member was deprived because of that reduction must be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had the member not been so reduced.

      (Added to NRS by 1967, 1326; A 1993, 1611; 2013, 1132)

Review of Courts-Martial

      NRS 412.418  Approval and execution or suspension of sentence.

      1.  Except as otherwise provided in NRS 412.316 to 412.433, inclusive, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.

      2.  If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal, a dishonorable discharge or a bad-conduct discharge must not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in NRS 412.432, and is deemed final by the law of the state where judgment was had.

      3.  If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn, the dismissal, dishonorable discharge or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review is completed. The convening authority or other person acting on the case under the Code when so approved under this section may order any other part of a court-martial sentence executed immediately.

      (Added to NRS by 1967, 1326; A 2013, 1132)

      NRS 412.422  Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initial review by convening authority; review of record and opinion by State Judge Advocate.

      1.  The findings and sentence of a court-martial must be reported promptly to the convening authority after the announcement of the sentence.

      2.  The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission must be in writing. Except in a summary court-martial case, such a submission must be made within 10 days after the accused has been given an authenticated record of trial under subsection 4 and, if applicable, the recommendation of a judge advocate. In a summary court-martial case, such a submission must be made within 7 days after the sentence is announced.

      3.  If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under subsection 2 for not more than an additional 20 days.

      4.  In a summary court-martial case, the accused must be promptly provided a copy of the record of trial for use in preparing a submission authorized by subsection 2.

      5.  The accused may waive the right to make a submission to the convening authority under subsection 2. Such a waiver must be made in writing and may not be revoked. For the purposes of subsection 7, the time within which the accused may make a submission pursuant to this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

      6.  The convening authority has sole discretion to modify the findings and sentence of a court-martial pursuant to this section. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.

      7.  Action on the sentence of a court-martial must be taken by the convening authority or by another person authorized to act under this section. The convening authority or other person authorized to take such action may do so only after consideration of any matters submitted by the accused pursuant to subsection 2 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action may approve, disapprove, commute or suspend the sentence in whole or in part.

      8.  The convening authority or other person authorized to act on the sentence of a court-martial may, in the person’s sole discretion:

      (a) Dismiss any charge or specifications by setting aside a finding of guilty;

      (b) Change a finding of guilty on a charge or specification to a finding of guilty on an offense that is a lesser included offense of the offense stated in the charge or specification; or

      (c) Refrain from taking any such action.

      9.  Before acting under this section on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this section shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate must include such matters as may be prescribed by regulation and must be served on the accused, who may submit any matter in response pursuant to subsection 2. By failing to object in the response to the recommendation or to any matter attached to the recommendation, the accused waives the right to object thereto.

      10.  The convening authority or other person taking action under this section, in the person’s sole discretion, may order a proceeding in revision or a rehearing if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

      (a) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

      (b) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this Code; or

      (c) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

      11.  The convening authority or other person taking action under this section may order a rehearing if that person disapproves the findings and sentences and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. The convening authority or other person taking action under this subsection may not order a rehearing as to the findings where there is a lack of sufficient evidence in the record to support the findings. The convening authority or other person taking action under this subsection may order a rehearing as to the sentence if that person disapproves the sentence.

      12.  After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or by the Governor.

      13.  The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion must be limited to questions of jurisdiction.

      (Added to NRS by 1967, 1327; A 2013, 1133)

      NRS 412.423  Withdrawal by accused of appeal or right to appeal.

      1.  In each case subject to appellate review pursuant to NRS 412.422, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal must be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.

      2.  The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.

      (Added to NRS by 2013, 1100)

      NRS 412.424  Reconsideration and revision of court’s ruling.

      1.  If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

      2.  Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:

      (a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;

      (b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this Code; or

      (c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

      (Added to NRS by 1967, 1327)

      NRS 412.426  Rehearing: Members of court; conditions.

      1.  If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

      2.  Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

      (Added to NRS by 1967, 1327; A 2013, 1134)

      NRS 412.428  Approval by convening authority.  In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as the convening authority in his or her discretion determines should be approved. Unless he or she indicated otherwise, approval of the sentence is approval of the findings and sentence.

      (Added to NRS by 1967, 1327)

      NRS 412.431  Review by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of case sent for action to Adjutant General; authority of Adjutant General; authority of senior force judge advocate to send record of case to Governor for review and action; review by senior force judge advocate upon finding of not guilty.

      1.  The senior force judge advocate or his or her designee shall review each general and special court-martial case in which there has been a finding of guilty. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review of the senior force judge advocate or designee must be in writing and must contain the following:

      (a) Conclusions as to whether:

             (1) The court has jurisdiction over the accused and the offense;

             (2) The charge and specification stated an offense; and

             (3) The sentence was within the limits prescribed by law.

      (b) A response to each allegation of error made in writing by the accused.

      (c) If the case is sent for action pursuant to subsection 2, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

      2.  The record of trial and related documents in each case reviewed under subsection 1 must be sent for action to the Adjutant General if:

      (a) The senior force judge advocate who reviewed the case recommends corrective action;

      (b) The sentence approved includes dismissal, a bad-conduct discharge, dishonorable discharge or confinement for more than 6 months; or

      (c) Such action is otherwise required by regulations of the Adjutant General.

      3.  The Adjutant General may:

      (a) Disapprove or approve the findings or sentence, in whole or in part;

      (b) Remit, commute or suspend the sentence in whole or in part;

      (c) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both; or

      (d) Dismiss the charges.

      4.  If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

      5.  If the opinion of the senior force judge advocate or designee, in the review under subsection 1, is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the senior force judge advocate or designee, the record of trial and action thereon must be sent to the Governor for review and action as deemed appropriate.

      6.  The senior force judge advocate or his or her designee may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate or designee shall limit any review under this subsection to questions of subject matter jurisdiction as that jurisdiction is set forth in NRS 412.256.

      7.  The record of trial and related documents in each case reviewed under subsection 6 must be sent for action to the Adjutant General.

      8.  The Adjutant General may:

      (a) When subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the Adjutant General deems appropriate; or

      (b) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.

      (Added to NRS by 2013, 1101)

      NRS 412.432  Review of records; disposition.

      1.  Except as otherwise required by this section, all records of trial and related documents must be transmitted and disposed of as prescribed by regulation and provided by law.

      2.  If the convening authority is the Governor, his or her action on the review of any record of trial is final.

      3.  In all other cases not covered by subsection 2, if the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the entire record must be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer must then be sent to the State Judge Advocate for review.

      4.  All other special and summary court-martial records must be sent to the law specialist or legal officer of the appropriate force of the Nevada National Guard and must be acted upon, transmitted and disposed of as may be prescribed by Office regulations.

      5.  The State Judge Advocate shall review the record of trial in each case sent to him or her for review as provided under subsection 4. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate must be limited to questions of jurisdiction.

      6.  The State Judge Advocate shall take final action in any case reviewable by him or her.

      7.  In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority. The State Judge Advocate may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record he or she may weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the State Judge Advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.

      8.  In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. If the State Judge Advocate has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

      9.  The State Judge Advocate may order one or more boards of review each composed of not less than three commissioned officers of the Nevada National Guard, each of whom must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the State Judge Advocate. Boards of review have the same authority on review as the State Judge Advocate has under this section.

      (Added to NRS by 1967, 1328; A 1993, 1612; 2013, 1135)

      NRS 412.433  Representation of government and accused upon appeal.

      1.  The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in NRS 412.432 and before any federal or state court when requested to do so by the Attorney General. Appellate counsel representing the government must be members in good standing of the State Bar of Nevada.

      2.  Upon an appeal by the State of Nevada, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

      3.  Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.

      4.  Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections 2 and 3.

      5.  An accused may be represented by civilian appellate counsel at no expense to the State.

      (Added to NRS by 2013, 1102)

      NRS 412.434  Error of law; lesser included offense.

      1.  A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

      2.  Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

      (Added to NRS by 1967, 1328)

      NRS 412.436  Counsel for accused at review.

      1.  Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.

      2.  Upon the request of an accused entitled to be so represented, the State Judge Advocate shall appoint a lawyer who is a member of the Nevada National Guard and who has the qualifications prescribed in NRS 412.336, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in subsection 1 of this section.

      3.  If provided by him or her, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.

      (Added to NRS by 1967, 1329)

      NRS 412.437  Procedure applicable to appeal from decision of court-martial.  Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are to be made to courts of the state where a court-martial is held only after the exhaustion of the review conducted pursuant to NRS 412.418 to 412.438, inclusive. The appellate procedures to be followed must be those provided by law for the appeal of criminal cases thereto.

      (Added to NRS by 2013, 1102)

      NRS 412.4375  Appeals by State.

      1.  In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided that the finding is not made in reconsideration of a sentence or a finding of guilty. The State may appeal the following:

      (a) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

      (b) An order or ruling which excludes evidence that is substantial proof of a fact material to the proceeding;

      (c) An order or ruling which directs the disclosure of classified information;

      (d) An order or ruling which imposes sanctions for nondisclosure of classified information;

      (e) A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; and

      (f) A refusal by the military judge to enforce an order described in paragraph (e) that has been previously issued by appropriate authority.

      2.  An appeal of an order or ruling by the State may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

      3.  The State must diligently prosecute an appeal under this section as provided by law.

      4.  An appeal under this section must be forwarded to the court prescribed in this Code. In ruling on an appeal under this section, the court may act only with respect to matters of law.

      5.  Any period of delay resulting from an appeal under this section must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

      (Added to NRS by 2013, 1100)

      NRS 412.438  Vacation of suspension of sentence.

      1.  Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he or she so desires.

      2.  The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the Nevada National Guard of which the probationer is a member in all other cases covered by subsection 1. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.

      3.  The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

      (Added to NRS by 1967, 1329)

      NRS 412.442  Petition for new trial.  At any time within 2 years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.

      (Added to NRS by 1967, 1329)

      NRS 412.444  Remission and suspension of sentence; substitution of administrative discharge.

      1.  A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

      2.  The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

      (Added to NRS by 1967, 1329)

      NRS 412.446  Restoration of rights; substitution of discharge; reappointment.

      1.  Under Office regulations, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, must be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

      2.  If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

      3.  If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment must be considered as service for all purposes.

      (Added to NRS by 1967, 1329; A 1993, 1613)

      NRS 412.448  Finality of proceedings, findings and sentence.  The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this Code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval, as required by this Code, are final and conclusive. Orders publishing the proceedings of court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the State, subject only to action upon a petition for a new trial as provided in NRS 412.442.

      (Added to NRS by 1967, 1330)

      NRS 412.4485  Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.

      1.  Unless otherwise stated in this section, in the case of a person determined pursuant to NRS 412.2645 to be incompetent, the provisions of NRS 178.3981 to 178.4715, inclusive, are applicable. References to the court in NRS 178.3981 to 178.4715, inclusive, and to the judge of such court, shall be deemed to refer to the convening authority having authority to convene a general court-martial for that person. However, if the person is no longer subject to this Code at a time relevant to the application to the person of the relevant provisions of NRS 178.3981 to 178.4715, inclusive, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found retains the powers specified in NRS 178.3981 to 178.4715, inclusive, as if it were the court that ordered the commitment of the person.

      2.  When the director of a facility in which a person is hospitalized pursuant to the actions taken by the convening authority having authority to convene a general court-martial for that person determines that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the convening authority having authority to convene a general court-martial for the person, the person’s counsel and the authority having custody of the person. The authority having custody of the person may retain custody of the person for not more than 30 days after receiving notification that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case.

      3.  Upon receipt of a notification pursuant to subsection 2, the convening authority having authority to convene a general court-martial for the person shall promptly take custody of the person unless the person to which the notification applies is no longer subject to this Code. If the person is no longer subject to this Code, the state trial court with felony jurisdiction in the county where the person is committed or otherwise may be found may take any action within the authority of that court that the court considers appropriate regarding the person.

      (Added to NRS by 2013, 1102)

      NRS 412.449  Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.

      1.  If a person is found by a court-martial not guilty by reason of lack of mental responsibility or not guilty only by reason of lack of mental responsibility, the person must be committed to a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.

      2.  The court-martial must conduct a hearing on the mental condition of the person in accordance with NRS 175.539. A report of the results of the hearing must be made to the convening authority having authority to convene a general court-martial for the person.

      3.  If the court-martial finds by clear and convincing evidence that the person is a person with mental illness, the convening authority having authority to convene a general court-martial for the person shall commit the person to the custody of a suitable facility until the person is eligible for release through the procedures specified in NRS 178.467 to 178.471, inclusive.

      4.  Except as otherwise provided by law, the provisions of NRS 178.467 to 178.471, inclusive, apply in the case of a person committed to the custody of a suitable facility pursuant to this section, except that the convening authority having authority to convene a general court-martial for the person shall be considered the court that ordered the person’s commitment.

      (Added to NRS by 2013, 1103)

      NRS 412.4495  Rights of person whose mental condition is subject of hearing.  At a hearing ordered pursuant to NRS 412.4485 or 412.449, the person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain adequate representation, counsel must be appointed for the person pursuant to NRS 412.364 if the hearing is conducted by a court-martial or pursuant to NRS 171.188 if the hearing is conducted by a court of this State. The person must be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.

      (Added to NRS by 2013, 1103)

Punitive Provisions

      NRS 412.452  Trial or punishment for offense committed while on duty.  No person may be tried or punished for any offense provided for in NRS 412.454 to 412.558, inclusive, unless it was committed while the person was in a duty status.

      (Added to NRS by 1967, 1330; A 2013, 1136)

      NRS 412.454  Principal.  Any person subject to this Code who:

      1.  Commits an offense punishable by this Code, or aids, abets, counsels, commands or procures its commission; or

      2.  Causes an act to be done which if directly performed by him or her would be punishable by this Code,

Ê is a principal.

      (Added to NRS by 1967, 1330)

      NRS 412.456  Accessory after fact.  Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts or assists the offender in order to hinder or prevent his or her apprehension, trial or punishment shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1330)

      NRS 412.458  Conviction of lesser included offense.  An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

      (Added to NRS by 1967, 1330)

      NRS 412.462  Attempt.

      1.  An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.

      2.  Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

      3.  Any person subject to this Code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

      (Added to NRS by 1967, 1330)

      NRS 412.464  Conspiracy.  Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

      (Added to NRS by 1967, 1330)

      NRS 412.466  Solicitation.

      1.  Any person subject to this Code who solicits or advises another or others to desert in violation of NRS 412.474 or to mutiny in violation of NRS 412.496 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense; but if the offense solicited or advised is not committed or attempted he or she shall be punished as a court-martial may direct.

      2.  Any person subject to this Code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of NRS 412.508 or sedition in violation of NRS 412.496 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed he or she shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1331)

      NRS 412.468  Fraudulent enlistment, appointment or separation.  Any person who:

      1.  Procures his or her own enlistment or appointment in the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

      2.  Procures his or her own separation from the Nevada National Guard by knowingly false representation or deliberate concealment as to his or her eligibility for that separation,

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

      (Added to NRS by 1967, 1331)

      NRS 412.472  Unlawful enlistment, appointment or separation.  Any person subject to this Code who effects an enlistment or appointment in or a separation from the Nevada National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1331)

      NRS 412.474  Desertion.

      1.  Any member of the Nevada National Guard who:

      (a) Without authority goes or remains absent from his or her unit, organization or place of duty with intent to remain away therefrom permanently;

      (b) Quits his or her unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

      (c) Without being regularly separated from one of the forces of the Nevada National Guard enlists or accepts an appointment in the same or another one of the forces of the Nevada National Guard, or in one of the Armed Forces of the United States, without fully disclosing the fact that he or she has not been regularly separated,

Ê is guilty of desertion.

      2.  Any commissioned officer of the Nevada National Guard who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

      3.  Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1331)

      NRS 412.476  Absence without leave.  Any person subject to this Code who, without authority:

      1.  Fails to go to his or her appointed place of duty at the time prescribed;

      2.  Goes from that place; or

      3.  Absents himself or herself or remains absent from his or her unit, organization or place of duty at which the person is required to be at the time prescribed,

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

      (Added to NRS by 1967, 1331)

      NRS 412.478  Failure to make required move.  Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1332)

      NRS 412.482  Contempt toward public officer.  Any person subject to this Code who uses contemptuous words against the President, the Governor or the Legislature of this state, or the governor or legislature of any state, territory, commonwealth or possession wherein that person may be serving, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1332)

      NRS 412.484  Disrespect toward superior commissioned officer.  Any person subject to this Code who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1332)

      NRS 412.486  Assaulting or willfully disobeying superior commissioned officer.  Any person subject to this Code who:

      1.  Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or

      2.  Willfully disobeys a lawful command of his or her superior commissioned officer,

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

      (Added to NRS by 1967, 1332)

      NRS 412.488  Insubordinate conduct toward warrant officer or noncommissioned officer.  Any warrant officer or enlisted member who:

      1.  Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his or her office;

      2.  Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

      3.  Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his or her office,

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

      (Added to NRS by 1967, 1332)

      NRS 412.492  Failure to obey order or regulation.  Any person subject to this Code who:

      1.  Violates or fails to obey any lawful general order or regulation;

      2.  Having knowledge of any other lawful order issued by a member of the Nevada National Guard, which it is his or her duty to obey, fails to obey the order; or

      3.  Is derelict in the performance of his or her duties,

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

      (Added to NRS by 1967, 1332)

      NRS 412.494  Cruelty and maltreatment.  Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1332)

      NRS 412.496  Mutiny or sedition.

      1.  Any person subject to this Code who:

      (a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

      (b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition.

      (c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

      2.  A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1332)

      NRS 412.498  Resisting arrest; escape.  Any person subject to this Code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1333)

      NRS 412.502  Releasing prisoner without proper authority.  Any person subject to this Code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

      (Added to NRS by 1967, 1333)

      NRS 412.504  Unlawful detention.  Any person subject to this Code who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1333)

      NRS 412.506  Noncompliance with procedural rules.  Any person subject to this Code who:

      1.  Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or

      2.  Knowingly and intentionally fails to enforce or comply with any provision of this Code regulating the proceedings before, during or after trial of an accused,

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

      (Added to NRS by 1967, 1333)

      NRS 412.508  Misbehavior before enemy.  Any person subject to this Code who before or in the presence of the enemy:

      1.  Runs away;

      2.  Shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his or her duty to defend;

      3.  Through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;

      4.  Casts away his or her arms or ammunition;

      5.  Is guilty of cowardly conduct;

      6.  Quits his or her place of duty to plunder or pillage;

      7.  Causes false alarms in any command, unit or place under control of the Armed Forces of the United States or the organized militia;

      8.  Willfully fails to do his or her utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his or her duty so to encounter, engage, capture or destroy; or

      9.  Does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the Armed Forces belonging to the United States or their allies, to this state or to any other state, when engaged in battle,

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

      (Added to NRS by 1967, 1333)

      NRS 412.512  Subordinate compelling surrender.  Any person subject to this Code who compels or attempts to compel the commander of any force of the Nevada National Guard or of the National Guard of any other state to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1333)

      NRS 412.514  Improper use of countersign.  Any person subject to this Code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1333)

      NRS 412.516  Forcing safeguard.  Any person subject to this Code who forces a safeguard shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1334)

      NRS 412.518  Improper use of captured or abandoned property.

      1.  All persons subject to this Code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

      2.  Any person subject to this Code who:

      (a) Fails to carry out the duties prescribed in subsection 1;

      (b) Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit or advantage to himself or herself or another directly or indirectly connected with himself or herself; or

      (c) Engages in looting or pillaging,

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

      (Added to NRS by 1967, 1334)

      NRS 412.522  Aiding enemy.  Any person subject to this Code who:

      1.  Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or

      2.  Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly,

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

      (Added to NRS by 1967, 1334)

      NRS 412.524  Misconduct as prisoner.  Any person subject to this Code who, while in the hands of the enemy in time of war:

      1.  For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

      2.  While in a position of authority over such persons maltreats them without justifiable cause,

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

      (Added to NRS by 1967, 1334)

      NRS 412.5245  Spying.  Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel or aircraft within the control or jurisdiction of any of the Armed Forces of the United States or in or about any shipyard, any manufacturing or industrial plant or any other place or institution engaged in work in aid of the prosecution of the war by the United States or elsewhere must be tried by a general court-martial.

      (Added to NRS by 2013, 1104)

      NRS 412.5255  Communication, delivery or transmittal of object or information to foreign government or entity.

      1.  Any person subject to this Code who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, directly or indirectly communicates, delivers or transmits, or attempts to communicate, deliver or transmit, any object or information to any entity shall be punished as a court-martial may direct.

      2.  A person accused pursuant to this section must be given broad latitude to present matters in extenuation and mitigation.

      3.  Findings made pursuant to this section may be based on evidence introduced on the issue of guilt or innocence, and evidence introduced during the sentencing proceeding.

      4.  As used in this section:

      (a) “Entity” means:

             (1) A foreign government;

             (2) A faction, party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or

             (3) A representative, officer, agent, employee, subject or citizen of a government, faction, party or force that is described in subparagraph (1) or (2).

      (b) “Object or information” includes, without limitation, a document, writing, code book, signal book, sketch, photograph, photolineart negative, blueprint, plan, map, model, note, instrument, appliance or other information relating to national defense.

      (Added to NRS by 2013, 1104)

      NRS 412.526  Making false official statement.  Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1334)

      NRS 412.528  Loss, damage, destruction or wrongful disposition of military property.  Any person subject to this Code who, without proper authority:

      1.  Sells or otherwise disposes of;

      2.  Willfully or through neglect damages, destroys or loses; or

      3.  Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of,

Ê any military property of the United States or of the State shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1334)

      NRS 412.532  Waste, spoilage or destruction of property other than military.  Any person subject to this Code who, while in a duty status, willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the State shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1334)

      NRS 412.534  Improper hazarding of vessel.

      1.  Any person subject to this Code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.

      2.  Any person subject to this Code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.536  Drunken or reckless driving.  Any person subject to this Code who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.538  Drunk on duty; sleeping on post; leaving post before relief.  Any person subject to this Code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.5385  Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.

      1.  Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces of the United States or of any state military forces a substance described in subsection 2 shall be punished as a court-martial may direct.

      2.  The substances referred to in subsection 1 include, without limitation:

      (a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana, and any compound or derivative of any such substance.

      (b) Any substance not specified in paragraph (a) that is listed in a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice of the Armed Forces of the United States, 10 U.S.C. §§ 801 et seq.

      (c) Any other substance not referenced pursuant to paragraph (a) or (b) and that is listed in schedules I to V, inclusive, of 21 U.S.C. § 812.

      (Added to NRS by 2013, 1104)

      NRS 412.542  Dueling.  Any person subject to this Code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.544  Malingering.  Any person subject to this Code who for the purpose of avoiding work duty or service in the Nevada National Guard:

      1.  Feigns illness, physical disablement, mental lapse or derangement; or

      2.  Intentionally inflicts self-injury,

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

      (Added to NRS by 1967, 1335)

      NRS 412.546  Riot or breach of peace.  Any person subject to this Code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.548  Provoking words or gestures.  Any person subject to this Code who uses provoking or reproachful words or gestures towards any other person subject to this Code shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.5485  Sexual assault and sexual misconduct.

      1.  Any person subject to this Code who engages in or causes nonconsensual sexual contact with or by another person, without legal justification or lawful authorization, is guilty of sexual assault or sexual misconduct and shall be punished by way of nonjudicial punishment or as a court-martial may direct.

      2.  Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault or sexual misconduct.

      3.  In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.

      4.  As used in this section:

      (a) “Nonconsensual” means:

             (1) Using force against the other person before consent or to gain consent;

             (2) Causing grievous bodily harm to a person;

             (3) Threatening or placing a person in fear to gain consent;

             (4) Rendering a person unconscious;

             (5) Administering to a person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

             (6) Receiving verbal nonconsent before the act; or

             (7) Lack of permission given.

      (b) “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of another person or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh or buttocks of any person, with an intent to abuse, humiliate or degrade any person or to arouse or gratify the sexual desire of any person.

      (Added to NRS by 2013, 1105)

      NRS 412.549  Stalking.

      1.  Any person subject to this Code:

      (a) Who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family;

      (b) Who has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including, without limitation, sexual assault, to himself or herself or a member of his or her immediate family; and

      (c) Whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family,

Ê is guilty of stalking and shall be punished as a court-martial may direct.

      2.  As used in this section:

      (a) “Course of conduct” means a repeated:

             (1) Maintenance of visual or physical proximity to a specific person; or

             (2) Conveyance of verbal threats, written threats or threats implied by conduct or a combination of such threats, directed at or toward a specific person.

      (b) “Immediate family,” in the case of a specific person, means a spouse, parent, child or sibling of that person or any other family member, relative or intimate partner of the person who regularly resides in the household of the person or who regularly engages in contact with the person.

      (c) “Repeated,” with respect to conduct, means two or more occasions of such conduct.

      (Added to NRS by 2013, 1105)

      NRS 412.5495  Larceny and wrongful appropriation.

      1.  Any person subject to this Code who wrongfully takes, obtains or withholds by any means, from the possession of the owner or of any other person, any money, personal property or article of value of any kind:

      (a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny; or

      (b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of another person other than the owner, is guilty of wrongful appropriation.

      2.  Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

      (Added to NRS by 2013, 1106)

      NRS 412.5505  Extortion.  Any person subject to this Code who communicates threats to another person with the intention thereby to obtain anything of value or any acquaintance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.

      (Added to NRS by 2013, 1106)

      NRS 412.5515  Assault and aggravated assault.  Any person subject to this Code who:

      1.  Attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

      2.  Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial may direct.

      (Added to NRS by 2013, 1106)

      NRS 412.552  Stealing goods of less than $100 value.  Any person subject to this Code who wrongfully and fraudulently takes and carries away the personal goods of another, of the value of less than $100, with intent to steal it, shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.554  Perjury.  Any person subject to this Code who in a judicial proceeding or in a course of justice conducted under this Code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1335)

      NRS 412.556  Fraud against the government.  Any person subject to this Code:

      1.  Who, knowing it to be false or fraudulent:

      (a) Makes any claim against the United States, the State or any officer thereof; or

      (b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the State or any officer thereof;

      2.  Who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the State or any officer thereof:

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

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

      (c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

      3.  Who, having charge, possession, custody or control of any money or other property of the United States or the State, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, knowingly delivers to any person having authority to receive it any amount thereof less than that for which he or she receives a certificate or receipt; or

      4.  Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the State, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the State,

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

      (Added to NRS by 1967, 1335)

      NRS 412.558  Conduct unbecoming an officer.  Any commissioned officer who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.

      (Added to NRS by 1967, 1336; A 1975, 800)

      NRS 412.562  Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court.  Though not specifically mentioned in this Code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this Code may be guilty must be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, mayhem, arson, extortion, assault, burglary or invasion of the home, jurisdiction of which is reserved to civil courts, except as otherwise provided in NRS 412.322.

      (Added to NRS by 1967, 1336; A 1977, 1635; 1989, 1454; 1997, 1615; 2013, 1174)

Miscellaneous Provisions

      NRS 412.564  Court of inquiry.

      1.  Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the Governor for that purpose, whether or not the persons involved have requested such an inquiry.

      2.  A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

      3.  Any person subject to this Code whose conduct is subject to inquiry must be designated as a party. Any person subject to this Code or employed in the office who has a direct interest in the subject of inquiry has the right to be designated as a party upon request of the court. Any person designated as a party must be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.

      4.  Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

      5.  The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath of affirmation to faithfully perform their duties.

      6.  Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

      7.  Court of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

      8.  Each court of inquiry shall keep a record of its proceedings, which must be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it must be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it must be signed by a member in lieu of the counsel.

      (Added to NRS by 1967, 1336; A 1993, 1613)

      NRS 412.5645  Administration of oaths.

      1.  The following persons may administer oaths for the purposes of military administration, including military justice:

      (a) Any judge advocate;

      (b) Any summary court-martial;

      (c) Any adjutant, assistant adjutant, acting adjutant and personnel adjutant;

      (d) Any commanding officer of the naval militia; and

      (e) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.

      2.  The following persons may administer oaths necessary in the performance of their duties:

      (a) The president, military judge and trial counsel for all general and special courts-martial;

      (b) The president and the counsel for the court of any court of inquiry;

      (c) Any officer designated to take a deposition;

      (d) Any person detailed to conduct an investigation;

      (e) Any recruiting officer; and

      (f) Any other person so designated by regulations of the Armed Forces of the United States or by the laws of this State.

      3.  The signature without seal of any person, together with the title of his or her office, is prima facie evidence of the authority of that person.

      (Added to NRS by 2013, 1106)

      NRS 412.566  Explanation of certain sections; availability of Code and regulation.

      1.  This section and NRS 412.254, 412.2545, 412.256, 412.263, 412.266 to 412.302, inclusive, 412.332, 412.336, 412.362, 412.406, 412.452 to 412.556, inclusive, 412.568 and 412.572 must be carefully explained to every enlisted member:

      (a) At the time of his or her enlistment or transfer or induction into any of the state military forces or within 30 days thereafter;

      (b) At the time of his or her being ordered to duty in or with any of the state military forces or within 30 days thereafter.

      2.  The sections set forth in subsection 1 must also be explained annually to each unit of the state military forces.

      3.  A complete text of this Code and Office regulations thereunder must be made available to any member of the militia, upon his or her request, for his or her personal examination.

      (Added to NRS by 1967, 1337; A 1993, 1614; 2013, 1136)

      NRS 412.568  Complaint against commanding officer.  Any member of the state military forces who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom the complaint is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong complained of and shall, as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.

      (Added to NRS by 1967, 1337; A 2013, 1136)

      NRS 412.572  Redress of injuries to property.

      1.  Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his or her property has been wrongfully taken by members of the Nevada National Guard, he or she may, subject to Office regulations, convene a board to investigate the complaint. The board must consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him or her must be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3, on any disbursing officer for the payment by him or her to the injured parties of the damages so assessed and approved.

      2.  If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the Nevada National Guard to which such offenders belong.

      3.  Any person subject to this Code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his or her behalf and to cross-examine those appearing against him or her. He or she has the right to appeal to the next higher commander.

      (Added to NRS by 1967, 1337; A 1993, 1614)

      NRS 412.574  Process of military courts.

      1.  In the Nevada National Guard not in federal service, military courts are empowered to issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in such courts. Such process and mandates may be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. All officers to whom such process or mandates are directed shall execute the same and make return of their acts thereunder according to the requirements of the same.

      2.  The keepers and wardens of all city, county and city, and county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law.

      3.  Except as otherwise specially provided in this Code, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder.

      (Added to NRS by 1967, 1338)

      NRS 412.576  Payment and disposition of fine.

      1.  For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court-martial shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or constable of the county, commanding him or her to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed.

      2.  Such warrant shall be executed and renewed in the same manner as executions from Justice Courts are executed and renewed.

      3.  The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.

      4.  All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member and accounted for by the commanding officer in the same manner as are other state funds.

      5.  Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the State and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:

      (a) By cash or money order;

      (b) By retention of any pay or allowances due or to become due to the person fined from any state or the United States; or

      (c) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.

      (Added to NRS by 1967, 1338; A 2013, 1136)

      NRS 412.578  Immunity for action of military courts.

      1.  No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.

      2.  All persons acting under the provisions of this Code, whether as a member of the military or as a civilian, are immune from any personal liability for any of the acts or omissions which they performed or failed to perform as part of their duties under this Code.

      (Added to NRS by 1967, 1338; A 2013, 1137)

      NRS 412.582  Presumption of jurisdiction.  The jurisdiction of the military courts and boards established by this Code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

      (Added to NRS by 1967, 1338)

      NRS 412.583  Uniformity of construction.  This Code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, 10 U.S.C. §§ 801 et seq.

      (Added to NRS by 2013, 1107)

      NRS 412.5835  Severability.  The provisions of this Code are hereby declared independent and severable and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of such Code invalid or inoperative.

      (Added to NRS by 2013, 1107)

      NRS 412.584  Delegation of authority by Governor; exceptions.  The Governor may delegate any authority vested in him or her under this Code, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by NRS 412.316 and 412.324.

      (Added to NRS by 1967, 1338)

UNLAWFUL ACTS AND PENALTIES

      NRS 412.588  Repossession of military property by State; penalty for failure to deliver or resistance to repossession.

      1.  When the Governor or Adjutant General orders the return to the State of any arms, equipment, military stores or other military property belonging to the State, or for which the State is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the State.

      2.  Any person who fails to deliver military property as prescribed by subsection 1 or resists any officer in the performance of the duty required of him or her by subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1967, 1339)

      NRS 412.592  Unlawful transfer of military property.  It is unlawful for any officer in charge of public property for military use to transfer any portion thereof, either as a loan or permanently, without the authority of the Governor or Adjutant General.

      (Added to NRS by 1967, 1339)

      NRS 412.594  Unlawful wearing of uniform or insigne.  It is unlawful for any member of the Nevada National Guard to wear, when on or off duty, any uniform or any device, strap, knot or insigne of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the Nevada National Guard without the permission of his or her commanding officer.

      (Added to NRS by 1967, 1339)

      NRS 412.596  Wearing of uniform without authority; penalty.

      1.  The Nevada National Guard shall be uniformed as the United States Army or United States Air Force, respectively, are uniformed, except that the authorized shoulder patch of the Nevada National Guard will be worn on the left shoulder of the outer garment.

      2.  Whoever, in any place within the jurisdiction of this state, without authority, wears the uniform of the Nevada National Guard or a distinctive part thereof or anything similar to a distinctive part thereof is guilty of a misdemeanor.

      (Added to NRS by 1967, 1339)

      NRS 412.598  Arrest of trespasser or disturber; penalty for certain sales and gambling.

      1.  Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where any unit of the Nevada National Guard is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the Nevada National Guard or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the Nevada National Guard or of the Armed Forces of the United States in the performance of their military duties may:

      (a) Be placed in arrest by the commanding officer, or his or her designated representative, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours; and

      (b) Be subject to arrest and punishment by a court of competent jurisdiction for a breach of the peace.

      2.  The commanding officer or his or her designated representative, of any unit of the Nevada National Guard performing military duty in or at any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty or within such limits not exceeding 1 mile therefrom as he or she may prescribe. Such commanding officer may in his or her discretion abate as common nuisances all such sales, auctions and gambling.

      3.  Nothing in subsection 2 applies to licensed gambling establishments located within 1 mile of the facilities designated in subsection 2.

      4.  Any person violating any provision of subsection 2 by conducting prohibited sales, auctions or gambling is guilty of a misdemeanor.

      (Added to NRS by 1967, 1339)

      NRS 412.602  Right-of-way on public street and highway; penalty for interference.  The Nevada National Guard in the performance of its military duties has the right-of-way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the Nevada National Guard in the performance of its military duties is guilty of a misdemeanor.

      (Added to NRS by 1967, 1340)

      NRS 412.604  Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty.

      1.  It is unlawful for any body of persons whatever, other than the Nevada National Guard and the troops of the United States, to associate themselves together as a volunteer military company or volunteer military organization to drill or parade with arms in any city or town of this state, without the license of the Governor, which license may at any time be revoked.

      2.  Students in educational institutions where military science is a part of the course of instruction may, with the consent of the Governor, drill and parade with arms in public under the superintendence of their instructor.

      3.  Nothing contained in this section shall be construed so as to prevent members of benevolent or social organizations from wearing swords.

      4.  Any person violating any of the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1967, 1340; A 1975, 800; 2013, 1137)

      NRS 412.606  Discrimination against member of National Guard; penalty.

      1.  No person, firm, association, corporation or state or local governmental entity may, by any constitution, rule, bylaw, resolution, vote, regulation, order or other action, discriminate against any member of the Nevada National Guard because of his or her membership therein.

      2.  Any person who willfully aids in enforcing any such constitution, rule, bylaw, resolution, vote, regulation, order or other action against any member of the Nevada National Guard is guilty of a misdemeanor.

      (Added to NRS by 1967, 1340; A 1985, 758)