2005 Nevada Revised Statutes - Chapter 412 — State Militia
Title 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
GENERAL PROVISIONS
NRS 412.012 Definitions.
NRS 412.014 Officedefined.
NRS 412.016 Officeregulations defined.
NRS 412.018 Officerdefined.
NRS 412.022 Reservistsdefined.
NRS 412.024 Volunteersdefined.
COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS
NRS 412.026 Compositionof militia.
NRS 412.032 Powersand duties of officers; administration of oaths.
NRS 412.034 Governoras Commander in Chief; regulations.
NRS 412.036 Applicabilityof custom and usage of United States Army and United States Air Force.
NRS 412.038 Serviceof Nevada National Guard outside State.
ADJUTANT GENERAL
NRS 412.042 Militarystaff of Governor.
NRS 412.044 Appointment;term; qualifications; grade.
NRS 412.046 Restrictionon holding other office of profit.
NRS 412.048 Duties;employees.
NRS 412.052 Additionalduties; seal.
NRS 412.054 AssistantAdjutants General.
NRS 412.056 ActingAdjutant General.
NRS 412.058 United States Property and Fiscal Officer.
NRS 412.062 AttorneyGeneral as military legal adviser.
OFFICE OF THE MILITARY
NRS 412.064 Establishment;powers; duties.
NRS 412.066 Enumerationof powers and duties not exclusive.
NRS 412.068 AdjutantGeneral as Director of Office.
NRS 412.072 Organizationof Office.
NRS 412.074 Armyand air technicians.
NRS 412.076 Statusof members of militia and employees on active duty.
NRS 412.082 Drawingwarrants.
NRS 412.084 Receiptand disposition of certain federal money.
NRS 412.086 Depositsin State General Fund and Permanent School Fund.
NRS 412.088 Promotionof practice with rifle and pistol.
ARMORIES; PROPERTY
NRS 412.092 Armorydefined.
NRS 412.094 Controlof armory and property; regulations for armories.
NRS 412.096 Insuranceagainst loss and mysterious disappearance of equipment and supplies.
NRS 412.098 Armoryand arsenal: Duties of State Public Works Board.
NRS 412.102 Armory:Provision; maintenance; incidental expenses.
NRS 412.104 Reconveyanceof land to political subdivision.
NRS 412.106 Useof armory.
NRS 412.108 Leaseor agreement for use of armory.
ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS
NRS 412.112 ArmyNational Guard.
NRS 412.114 AirNational Guard.
NRS 412.116 Organizationand training; equality of treatment and opportunity.
NRS 412.117 Privacyof members of opposite sexes.
NRS 412.118 Assemblies,periodic training and other duties.
NRS 412.122 Governormay order National Guard into active service of State and declare martial law;procedure in absence of Governor from State.
NRS 412.123 Ordercalling National Guard into active service directed to commanding officer.
NRS 412.124 OrderingNational Guard to active duty; pay and allowances.
LICENSED VOLUNTEERS; RESERVISTS
NRS 412.126 Voluntarymilitary organization: Licensing by Governor; muster roll; inspection; oaths ofmembers.
NRS 412.128 OrderingNational Guard Reserve or volunteer organization into active service; regulations.
NRS 412.134 Reservistsand 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 Useof National Guard as labor force; pay and allowances.
NRS 412.139 Unlawfultermination of employment of member of National Guard because of active serviceor duty; penalty.
NRS 412.1393 Unlawfultermination of employment: Hearing.
NRS 412.1395 Unlawfultermination of employment: Reinstatement; wages and benefits.
NRS 412.142 Industrialinsurance; compensation; exceptions.
NRS 412.143 Educationalbenefits.
NRS 412.1435 PatriotRelief Account: Creation; sources; uses; duties of Adjutant General.
NRS 412.144 Creditfor active federal service.
NRS 412.146 Eligibilityto state office of federally paid members of militia.
NRS 412.152 Privilegedreports and communications; defending member in legal proceedings.
NRS 412.154 Civiland criminal liability; counsel; costs; security for costs; exemption fromcivil process.
HONORS, AWARDS AND DECORATIONS
NRS 412.1555 Nevada War on Terrorism Medal: Creation; award; duties of Office.
COMMISSIONED AND WARRANT OFFICERS
NRS 412.156 Appointmentand promotion of commissioned officer; honorary commission.
NRS 412.158 Applicabilityof chapter to warrant officers.
NRS 412.162 Nevada Military Academy: Creation; composition.
NRS 412.164 Qualifications.
NRS 412.166 Oath.
NRS 412.168 Assignmentand transfer; residence.
NRS 412.172 Resignation;conditional release.
NRS 412.174 Absencewithout leave considered resignation.
NRS 412.176 Efficiencyand medical examining boards; appointment.
NRS 412.178 Efficiencyand medical examining boards: Procedure; powers.
NRS 412.182 Responsibilityfor public property.
NRS 412.184 Allowancesfor uniform and equipment.
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 Noncommissionedofficers.
NRS 412.194 Absencewithout leave: Discharge.
NEVADA CODE OF MILITARY JUSTICE
General Provisions
NRS 412.196 Shorttitle.
NRS 412.198 Definitions.
NRS 412.202 Accuserdefined.
NRS 412.204 Activestate duty defined.
NRS 412.206 Apprehensiondefined.
NRS 412.208 Arrestdefined.
NRS 412.212 Codedefined.
NRS 412.214 Commandingofficer defined.
NRS 412.216 Commissionedofficer defined.
NRS 412.218 Confinementdefined.
NRS 412.222 Conveningauthority defined.
NRS 412.224 Enlistedmember defined.
NRS 412.226 Gradedefined.
NRS 412.232 Legalofficer defined.
NRS 412.234 Maydefined.
NRS 412.236 Militarydefined.
NRS 412.238 Militarycourt defined.
NRS 412.239 Militaryjudge defined.
NRS 412.242 Nevada National Guard defined.
NRS 412.244 Rankdefined.
NRS 412.246 Shalldefined.
NRS 412.247 Staffjudge advocate defined.
NRS 412.248 StateJudge Advocate defined.
NRS 412.252 Superior commissioned officer defined.
NRS 412.254 Applicability.
NRS 412.256 Jurisdictionto try certain personnel.
NRS 412.258 Applicationfor court-martial by dismissed commissioned officer; discharge substituted fordismissal; reappointment.
NRS 412.262 Territorialapplicability of Nevada Code of Military Justice.
NRS 412.264 Judgeadvocates and legal officers.
Apprehension and Restraint
NRS 412.266 Apprehensionby authorized persons; quelling disorder.
NRS 412.267 Arrestof member failing or refusing to report to place of duty; bail.
NRS 412.2675 Warrantof arrest: Form; fees and mileage for service.
NRS 412.268 Apprehensionof deserter.
NRS 412.272 Orderof apprehension, arrest or confinement.
NRS 412.274 Restraintof person charged with offense; notice of charges; summary disposition.
NRS 412.276 Placeof confinement.
NRS 412.278 Receiptof prisoner; report.
NRS 412.282 Certainpunishments prohibited before trial; labor pending trial.
NRS 412.284 Deliveryof offender to civil authority; return to military authority.
Nonjudicial Punishment
NRS 412.286 Limitationson powers of commanding officer concerning nonjudicial punishment; delegationof powers.
NRS 412.288 Impositionand enforcement of disciplinary punishment without court-martial.
NRS 412.292 Powersof officer in charge to impose punishment.
NRS 412.294 Suspension,remission or mitigation of punishment.
NRS 412.296 Appealto superior authority.
NRS 412.298 Disciplinarypunishment not bar to court-martial.
NRS 412.302 Recordsof nonjudicial punishment.
Jurisdiction of Courts-Martial
NRS 412.304 Courts-martialof Nevada National Guard not in federal service; composition.
NRS 412.306 Jurisdictionof courts-martial of each force.
NRS 412.308 Generalcourt-martial.
NRS 412.312 Specialcourt-martial.
NRS 412.314 Summarycourt-martial.
NRS 412.316 Sentenceof dismissal or dishonorable discharge must be approved by Governor.
NRS 412.318 Whencomplete record of proceedings and testimony required.
NRS 412.322 Authorizedsentence of general or special court-martial after declaration of war andbefore jurisdiction of United States Code of Military Justice.
Convening and Composition of Courts-Martial
NRS 412.324 Conveninggeneral court-martial.
NRS 412.326 Conveningspecial court-martial.
NRS 412.328 Conveningsummary court-martial.
NRS 412.332 Whomay serve on courts-martial.
NRS 412.334 Militaryjudge of general or special court-martial.
NRS 412.336 Trialcounsel and defense counsel.
NRS 412.338 Courtreporter and interpreter.
NRS 412.342 Absenceof member; additional members; effect of absence on trial.
Pretrial Procedure
NRS 412.344 Chargesand specifications.
NRS 412.346 Compulsoryself-incrimination and immaterial and degrading evidence prohibited; accusedmust be informed of his rights.
NRS 412.348 Investigation:Procedure; rights of accused.
NRS 412.352 Forwardingof charges.
NRS 412.354 Adviceof State Judge Advocate; reference for trial; formal correction of charges.
NRS 412.356 Serviceof charges.
Trial Procedure
NRS 412.358 Proceduralregulations.
NRS 412.362 Unlawfullyinfluencing action of court.
NRS 412.364 Dutiesof trial counsel and defense counsel.
NRS 412.366 Presenceof members and parties at proceedings.
NRS 412.368 Continuance.
NRS 412.372 Challengesof military judge and members.
NRS 412.374 Oaths.
NRS 412.376 Statuteof limitations.
NRS 412.378 Doublejeopardy.
NRS 412.382 Pleasof accused.
NRS 412.384 Obtainingwitnesses and evidence: Procedure; service of process.
NRS 412.386 Refusalto appear or testify.
NRS 412.388 Contempt;penalty.
NRS 412.392 Deposition.
NRS 412.394 Admissibilityof records of courts of inquiry.
NRS 412.396 Voting;instructions; findings.
NRS 412.398 Numberof votes required.
NRS 412.402 Courtto announce action.
NRS 412.404 Recordof trial.
Sentences
NRS 412.406 Crueland unusual punishments prohibited.
NRS 412.408 Punishmentslimited.
NRS 412.412 Effectivedate of sentence.
NRS 412.414 Executionof confinement.
NRS 412.416 Reductionin enlisted grade upon approval.
Review of Courts-Martial
NRS 412.418 Approvaland execution or suspension of sentence.
NRS 412.422 Initialreview by convening authority; review of record and opinion by State JudgeAdvocate.
NRS 412.424 Reconsiderationand revision of courts ruling.
NRS 412.426 Rehearing:Members of court; conditions.
NRS 412.428 Approvalby convening authority.
NRS 412.432 Reviewof records; disposition.
NRS 412.434 Errorof law; lesser included offense.
NRS 412.436 Counselfor accused at review.
NRS 412.438 Vacationof suspension of sentence.
NRS 412.442 Petitionfor new trial.
NRS 412.444 Remissionand suspension of sentence; substitution of administrative discharge.
NRS 412.446 Restorationof rights; substitution of discharge; reappointment.
NRS 412.448 Finalityof proceedings, findings and sentence.
Punitive Provisions
NRS 412.452 Trialor punishment for offense committed while on duty.
NRS 412.454 Principal.
NRS 412.456 Accessoryafter fact.
NRS 412.458 Convictionof lesser included offense.
NRS 412.462 Attempt.
NRS 412.464 Conspiracy.
NRS 412.466 Solicitation.
NRS 412.468 Fraudulentenlistment, appointment or separation.
NRS 412.472 Unlawfulenlistment, appointment or separation.
NRS 412.474 Desertion.
NRS 412.476 Absencewithout leave.
NRS 412.478 Failureto make required move.
NRS 412.482 Contempttoward public officer.
NRS 412.484 Disrespecttoward superior commissioned officer.
NRS 412.486 Assaultingor willfully disobeying superior commissioned officer.
NRS 412.488 Insubordinateconduct toward warrant officer or noncommissioned officer.
NRS 412.492 Failureto obey order or regulation.
NRS 412.494 Crueltyand maltreatment.
NRS 412.496 Mutinyor sedition.
NRS 412.498 Resistingarrest; escape.
NRS 412.502 Releasingprisoner without proper authority.
NRS 412.504 Unlawfuldetention.
NRS 412.506 Noncompliancewith procedural rules.
NRS 412.508 Misbehaviorbefore enemy.
NRS 412.512 Subordinatecompelling surrender.
NRS 412.514 Improperuse of countersign.
NRS 412.516 Forcingsafeguard.
NRS 412.518 Improperuse of captured or abandoned property.
NRS 412.522 Aidingenemy.
NRS 412.524 Misconductas prisoner.
NRS 412.526 Makingfalse 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 Improperhazarding of vessel.
NRS 412.536 Drunkenor reckless driving.
NRS 412.538 Drunkon duty; sleeping on post; leaving post before relief.
NRS 412.542 Dueling.
NRS 412.544 Malingering.
NRS 412.546 Riotor breach of peace.
NRS 412.548 Provokingwords or gestures.
NRS 412.552 Stealinggoods of less than $100 value.
NRS 412.554 Perjury.
NRS 412.556 Fraudagainst the government.
NRS 412.558 Conductunbecoming an officer.
NRS 412.562 Disorderand neglect prejudicing good order and discipline; jurisdiction of certaincrimes reserved to civil court.
Miscellaneous Provisions
NRS 412.564 Courtof inquiry.
NRS 412.566 Explanationof certain sections; availability of Code and regulation.
NRS 412.568 Complaintagainst commanding officer.
NRS 412.572 Redressof injuries to property.
NRS 412.574 Processof military courts.
NRS 412.576 Paymentand disposition of fine.
NRS 412.578 Immunityfor action of military courts.
NRS 412.582 Presumptionof jurisdiction.
NRS 412.584 Delegationof authority by Governor; exceptions.
UNLAWFUL ACTS AND PENALTIES
NRS 412.588 Repossessionof military property by State; penalty for failure to deliver or resistance torepossession.
NRS 412.592 Unlawfultransfer of military property.
NRS 412.594 Unlawfulwearing of uniform or insigne.
NRS 412.596 Wearingof uniform without authority; penalty.
NRS 412.598 Arrestof trespasser or disturber; penalty for certain sales and gambling.
NRS 412.602 Right-of-wayon public street and highway; penalty for interference.
NRS 412.604 Unlawfuldrill or parade with arms by voluntary organization without license; drill orparade by students with consent of Governor; penalty.
NRS 412.606 Discriminationagainst member of National Guard; penalty.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1967, 1292)
NRS
(Added to NRS by 1967, 1292; A 1993, 1598)
NRS
(Added to NRS by 1967, 1292; A 1993, 1598)
NRS
(Added to NRS by 1967, 1292)
NRS
(Added to NRS by 1967, 1292)
NRS
(Added to NRS by 1967, 1292)
COMPOSITION; REGULATIONS OF GOVERNOR; FEDERAL REGULATIONS
NRS
1. The militia of the State is composed of the NevadaNational Guard and, when called into active service by the Governor, the NevadaNational Guard Reserve and any volunteer organizations licensed by theGovernor.
2. The Nevada National Guard is an organized body ofenlisted personnel between the ages of 17 and 64 years and commissionedofficers between the ages of 18 and 64 years, divided into the Nevada ArmyNational Guard and the Nevada Air National Guard.
3. The Nevada National Guard Reserve is an unorganizedbody comprising all able-bodied residents of the State between the ages of 17and 64 years who:
(a) Are not serving in any force of the Nevada NationalGuard;
(b) Are or have declared their intention to becomecitizens of the United States; and
(c) Are not exempted from military duty under the lawsof this state or the United States.
4. If a volunteer organization is formed and becomeslicensed by the Governor, it shall consist of an organized body of able-bodiedresidents of the State between the ages of 17 and 64 years who are not servingin any force of the Nevada National Guard and who are or who have declaredtheir intention to become citizens of the United States.
(Added to NRS by 1967, 1292; A 1975, 798;
NRS
(Added to NRS by 1967, 1293)
NRS
(Added to NRS by 1967, 1293; A 1985, 753)
NRS
(Added to NRS by 1967, 1293; A 1993, 1599)
NRS
1. The Governor may order the Nevada National Guard orany part thereof to serve outside the borders of this state or of the UnitedStates in order to perform military duty of every description and toparticipate in parades, reviews, conferences, encampments, maneuvers or othertraining, and to participate in small arms and other military competitions andto attend service schools.
2. The provisions of this chapter apply to the membersof the Nevada National Guard while serving without the State and while going toand returning from such service without the State in like manner and to thesame extent as while serving within the State.
(Added to NRS by 1967, 1293)
ADJUTANT GENERAL
NRS
1. The military staff of the Governor consists of theAdjutant General, not more than two assistant adjutants general and personalaides-de-camp to the Governor selected from the commissioned officers of theNevada National Guard or from reserve officers of the Armed Forces of theUnited States who are residents of Nevada and who are not serving on extendedactive duty.
2. Officers detailed as personal aides-de-camp underthis section shall not be relieved from their ordinary duties except whenactually on duty with the Governor.
3. The military staff of the Governor shall performsuch ceremonial functions and duties as the Governor may prescribe.
(Added to NRS by 1967, 1293)
NRS
1. The Governor shall appoint an Adjutant General whoshall 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 acourt-martial. The current term of an Adjutant General shall continue until itsprescribed expiration date while such Adjutant General is serving in a federalactive duty status under an order or call by the President of the United States.
2. To be eligible for appointment to the office ofAdjutant General, a person must be an officer of the Nevada National Guard,federally recognized in the grade of lieutenant colonel or higher, and musthave completed at least 6 years service in the Nevada National Guard as afederally recognized officer.
3. The Adjutant General may be appointed in the gradeof lieutenant colonel or higher, but not exceeding that of major general. Ifappointed in a lower grade, he may be promoted by the Governor to any grade notexceeding that of major general.
(Added to NRS by 1967, 1294; A
NRS
(Added to NRS by 1967, 1294; A 1971, 1435; 1975, 346;1981, 1279; 1985, 420; 1997, 618)
NRS
1. Is responsible, under the direction of theGovernor, for the supervision of all matters pertaining to the administration,discipline, mobilization, organization and training of the Nevada NationalGuard, Nevada National Guard Reserve and volunteer organizations licensed bythe Governor.
2. Shall perform all duties required of him by thelaws of the United States and of the State of Nevada, and the regulationsissued thereunder.
3. Shall employ such deputies, assistants and otherpersonnel as he deems necessary to assist him in the performance of those dutiesrequired of him as Director of the Office. He may so employ either members ofthe Nevada National Guard or civilian personnel. The duties of all deputies,assistants and other personnel appointed must be prescribed by Officeregulations. All such employees are in the unclassified service of the Stateexcept civilian, clerical, administrative, maintenance and custodial employeeswho are in the classified service of the State.
(Added to NRS by 1967, 1294; A 1985, 421, 754; 1993,1599)
NRS
1. Shall supervise the preparation and submission ofall returns and reports pertaining to the militia of the State required by theUnited States.
2. Is the channel of official military correspondencewith the Governor, and, on or before November 1 of each even-numbered year,shall report to the Governor the transactions, expenditures and condition ofthe Nevada National Guard. The report must include the report of the UnitedStates Property and Fiscal Officer.
3. Is the custodian of records of officers andenlisted personnel and all other records and papers required by law orregulations to be filed in his office. He may deposit with the Division ofState Library and Archives of the Department of Cultural Affairs forsafekeeping records of his office that are used for historical purposes ratherthan the administrative purposes assigned to his office by law.
4. Shall attest all military commissions issued andkeep a roll of all commissioned officers, with dates of commission and allchanges occurring in the commissioned forces.
5. Shall record, authenticate and communicate to unitsand members of the militia all orders, instructions and regulations.
6. Shall cause to be procured, printed and circulatedto those concerned all books, blank forms, laws, regulations or otherpublications 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 affixits impression to all certificates of record issued from his office.
8. Shall render such professional aid and assistanceand perform such military duties, not otherwise assigned, as may be ordered bythe Governor.
(Added to NRS by 1967, 1295; A 1971, 806; 1973, 346;1975, 799; 1979, 182; 1983, 1304; 1985, 126, 754; 1993, 1599;
NRS
1. The Adjutant General may appoint two AssistantAdjutants General, one each from the Nevada Army National Guard and the NevadaAir National Guard, who may serve as Chief of Staff for Army and Chief of Stafffor Air, respectively, at the pleasure of the Adjutant General or until relievedby reason of resignation, withdrawal of federal recognition or for cause to bedetermined by a court-martial.
2. To be eligible for appointment to the office ofAssistant Adjutant General, a person must be an officer of the Nevada NationalGuard, federally recognized in the grade of lieutenant colonel or higher, andmust have completed at least 6 years service in the Nevada National Guard as afederally recognized officer, 3 years of which must be immediately before hisappointment.
3. An Assistant Adjutant General may be appointed inthe grade of lieutenant colonel or higher, but not exceeding that of brigadier general.He may be promoted by the Governor to any grade not exceeding that of brigadiergeneral.
4. The Assistant Adjutants General shall perform suchduties as may be assigned by the Adjutant General.
5. Whoever serves as Chief of Staff for Army is in theunclassified service of the State and, except as otherwise provided in
6. In the event of the absence or inability of theAdjutant General to perform his duties, he shall designate by Officeregulations:
(a) One of the Assistant Adjutants General to performthe duties of his office as Acting Adjutant General.
(b) If neither Assistant Adjutant General is available,any national guard officer to be the Acting Adjutant General.
Thedesignated Assistant Adjutant General or designated officer may continue toreceive his authorized salary while so serving as Acting Adjutant General, andshall so serve until the Adjutant General is again able to perform the dutiesof his office, or if the office is vacant, until an Adjutant General isregularly appointed and qualified.
(Added to NRS by 1967, 1295; A 1971, 1436; 1981,1279; 1989, 595; 1993, 1600; 1997, 618)
NRS
1. If the federally recognized Nevada National Guard,or any portion thereof, is called or ordered to active federal duty by thePresident, and if such call or order includes the Adjutant General andAssistant Adjutants General, the Governor may appoint an Acting AdjutantGeneral who shall assume the responsibilities and powers and perform all dutiesrequired of the Adjutant General, and who must be selected from the federallyrecognized officers not called or ordered to active duty and who meet thequalifications established for the appointment of an Adjutant General, or if nosuch officer is available, then from the following:
(a) Inactive or retired officers of the Nevada NationalGuard.
(b) Army or Air Force officers who are inactive or haveretired and are residents of the State of Nevada.
2. If, on the occurrence of a vacancy in the office ofAdjutant General, there is no qualified and appointed Assistant AdjutantGeneral, the Governor may designate an Acting Adjutant General who shall assumetemporarily the responsibilities and powers and perform all duties required ofthe Adjutant General until such time as an Adjutant General is regularlyappointed and qualified. An Acting Adjutant General designated under thisprovision must have the same qualifications as are required for the appointmentof an Adjutant General.
3. The Acting Adjutant General serving under the termsof this section must be compensated as determined by the Governor, but theamount must not exceed that authorized for a regularly appointed AdjutantGeneral.
(Added to NRS by 1967, 1296; A 1989, 596)
NRS
1. Upon recommendation of the Adjutant General, theGovernor shall recommend to the Chief of the National Guard Bureau a qualifiedcommissioned officer of the Nevada National Guard who is also a commissionedofficer of the Army National Guard of the United States or the Air NationalGuard of the United States, as the case may be, for appointment as the UnitedStates Property and Fiscal Officer for Nevada. If the officer is not on activefederal duty, the President may order him to active duty, with his consent, toserve as a Property and Fiscal Officer as provided in 32 U.S.C. 708. TheUnited States Property and Fiscal Officer shall function under the direction ofthe Adjutant General, and cooperate fully with National Guard Regulations andAir National Guard Regulations and the regulations and policies of theDepartments of the Army and Air Force. The United States Property and FiscalOfficer may serve until 60 years of age if otherwise qualified.
2. As long as the position of the United StatesProperty and Fiscal Officer is covered by a position schedule bond authorizedby the United States Code, and bonding is automatic upon acceptance ofaccountability for property, no further bonding action on the part of the Stateor the person appointed is required.
(Added to NRS by 1967, 1296; A 1989, 698)
NRS
(Added to NRS by 1967, 1297)
OFFICE OF THE MILITARY
NRS
1. The Office of the Military is hereby established.The Office, under the direction of the Governor, shall supervise the militaryaffairs of the State.
2. The Office shall adopt, subject to the approval ofthe Governor, necessary regulations for the organization, government, armament,equipment, training and compensation of the militia of the State in conformitywith the provisions of this chapter and the laws of the United States.
3. The Office shall make such changes in the militaryorganization of the Nevada National Guard as are necessary from time to time toconform to the requirements of the laws of the United States and the directivesof the National Guard Bureau.
4. The Office shall fix the location of the units andheadquarters of the Nevada National Guard, and shall, subject to the approvalof the National Guard Bureau, transfer, attach, consolidate or inactivate anyorganization or unit when in its judgment the efficiency of the presentorganization will be increased thereby.
5. The Office may establish and continue awards anddecorations and approve the design therefor, which must conform to therequirements of the laws of the United States and the directives of theNational Guard Bureau.
(Added to NRS by 1967, 1297; A 1981, 673; 1983, 167;1993, 1600)
NRS
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS
1. The Office is under the supervision and control ofthe Adjutant General, who shall also serve as Director of the Office.
2. The Adjutant General is responsible for theperformance of the duties imposed upon the Office, and for such other duties asmay be prescribed by this chapter or by the Governor.
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS
(Added to NRS by 1967, 1297; A 1993, 1601)
NRS
(Added to NRS by 1967, 1298; A 1971, 139)
NRS
1. Members of the militia of the State who are orderedto state active duty under the provisions of this chapter shall be deemed to betemporary employees of the State.
2. Regular employees of the Office may be ordered tostate active duty under this chapter without jeopardizing their status asregular employees. Employees so ordered must be in an authorized leave statusfrom their regular military office employment during the period served onactive duty.
(Added to NRS by 1967, 1298; A 1993, 1601)
NRS
(Added to NRS by 1967, 1298; A 1993, 1601)
NRS
(Added to NRS by 1967, 1298)
NRS
(Added to NRS by 1967, 1298)
NRS
1. The Office shall adopt and provide suitable medals,prizes or other awards for the promotion of rifle practice by duly organizedrifle clubs of the Nevada State Rifle Association and organizations and membersof the Nevada National Guard.
2. The Adjutant General shall encourage and promoterifle and pistol practice by Nevada clubs affiliated with the National RifleAssociation of America, and select and appoint representatives from those clubsto attend the annual national rifle and pistol matches. Not more than $1,000 ofthe amount appropriated for the support of the Adjutant Generals office may beused 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)
ARMORIES; PROPERTY
NRS
(Added to NRS by 1967, 1298)
NRS
1. The Office has control of armories and shallprescribe the regulations governing armories. All state and United Statesproperty must, if possible, be kept in armories and the commanders of troopsusing the armories are responsible for the safekeeping and proper care of suchproperty and its protection against damage, misappropriation or loss. Armories,while occupied by troops, shall be deemed to be military posts under theexclusive jurisdiction of the officer commanding the post.
2. Any property licensed or leased to the State by theFederal Government for military use is under the control of the Office.
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS
(Added to NRS by 1967, 1299; A 1973, 908)
NRS
1. The Office shall provide and maintain armoriessuitable for conducting drills and the safekeeping of federal militaryproperty, with light, water and heat, for the units of the Nevada NationalGuard organized in the several counties of the State.
2. The expenses of procuring and maintaining thearmories, and the monthly allowance to cover incidental expenses which may beincurred by each unit, must be paid from the appropriation for the support ofthe Nevada National Guard.
(Added to NRS by 1967, 1299; A 1985, 755; 1993, 1602)
NRS
(Added to NRS by 1967, 1299; A 1993, 1602)
NRS
1. Does not interfere with the use of the facility bythe 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 issuedpursuant to this chapter.
(Added to NRS by 1967, 1299; A 1985, 755; 1989, 1103;1993, 1602)
NRS
1. The person or governmental entity applying for therental of an armory or space within an armory must execute and deliver awritten agreement which must include among its provisions his or its full nameand address, the purpose for which its use is desired, the nature and manner ofthe intended use of the space, a reasonable rental to be paid for that use andthe amounts to be paid for heating, lighting, janitorial and other servicesconnected with its use. The terms and provisions of the agreement must begoverned by Office regulations issued pursuant to this chapter, whichregulations must include provisions designed to prevent unfair competition withprivately owned property and business.
2. No agreement for use made pursuant to this sectionis effective until the agreement or lease has been approved and executed by theofficer in charge of the armory or his authorized representative, and has beenapproved by his military superiors as prescribed by Office regulations issuedpursuant to this chapter.
3. No agreement or lease made pursuant to this sectionmay be assigned in whole or in part nor may space be sublet to or used by aperson 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 thearmory or his authorized representative.
4. All money paid or given, directly or indirectly,for the rental of an armory or to obtain an agreement or permission to use thearmory are use fees within the meaning of this section and must be paid to theofficer in charge of the armory or his authorized representative. Any personother than the officer in charge of the armory or his authorized representativewho receives that money shall immediately pay over the money to the officer incharge of the armory or his authorized representative, who shall immediatelyforward one-half of the money to the office of the Adjutant General to beplaced in an account in the State General Fund entitled the Adjutant GeneralsSpecial Armory Account, to be used by the Office for necessary repairs andimprovements of state armories and construction of new facilities in the mannerprescribed by Office regulations. The remainder of the money must be placed inan armory account to be kept by the officer in charge of the armory or hisauthorized representative, and used for military activities and affairs and tofurther relations with the community in which the armory is located. Theseexpenditures must be made according to Office regulations and must be approvedby a board of three persons appointed by the Adjutant General.
5. When the use of an armory is by a federal, state,county or municipal bureau, agency or department or by any of the Armed Forcesof the United States or any of the reserve components thereof, or by any unitof the reserve officers training corps, the Adjutant General may require theexecution of a contract or agreement for that use, upon such terms andconditions as he prescribes.
(Added to NRS by 1967, 1300; A 1973, 551; 1977, 2;1981, 260; 1985, 756; 1991, 1768; 1993, 1603)
ORGANIZATION, TRAINING, ADMINISTRATION AND OPERATIONS
NRS
(Added to NRS by 1967, 1301)
NRS
(Added to NRS by 1967, 1301)
NRS
1. The forces of the Nevada National Guard must beorganized, armed, disciplined, governed, administered and trained as prescribedby applicable federal laws and regulations and Office regulations.
2. It hereby is declared to be the policy of the Statethat there must be an equality of treatment and opportunity for all persons inthe Nevada National Guard without regard to race, creed, color, sex or nationalorigin.
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)
NRS
(Added to NRS by 1979, 241)
NRS
(Added to NRS by 1967, 1301; A 1975, 799; 1993, 1604)
NRS
1. The Governor may in case of invasion, disaster,insurrection, riot, breach of the peace, or imminent danger thereof, or othersubstantial threat to life or property, order into active service of the Statefor such a period, to such an extent and in such a manner as he deems necessaryall or any part of the Nevada National Guard. The authority of the Governor includesthe power to order the Nevada National Guard or any part thereof to functionunder the operational control of the United States Army, Navy or Air Forcecommander in charge of the defense of any area within the State which isinvaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the Governor from theState, or if it is impossible to communicate immediately with him, the civilofficer making a requisition for troops may, if he deems the necessity imminentand not admitting of delay, serve a copy of the requisition, together with astatement of the Governors absence or the impossibility of immediatelycommunicating with him, upon the following officers in this order:
(a) Lieutenant Governor;
(b) Adjutant General; and
(c) Other officers designated in a chain of commandprescribed by Office regulations.
If the callis afterward disapproved by the Governor, the troops called into service mustbe disbanded immediately.
3. The Governor may order into active service of theState for such a period, to such an extent and in such a manner as he deemsnecessary units or individual members of the Nevada National Guard when in hisjudgment 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 Guardis employed pursuant to subsection 1, the Governor, if in his judgment themaintenance of law and order will thereby be promoted, may by proclamationdeclare the county or city in which the troops are serving, or any specifiedportion thereof, to be under martial law.
(Added to NRS by 1967, 1301; A 1981, 561; 1989, 401;1993, 1604)
NRS
1. A call for any portion of the Nevada National Guardshall be made by an order issued and directed to the commanding officer of theunit which is so called into service. The order shall designate the particulartroops called, the time and place of rendezvous, and the officer to whom theyshall report.
2. The order shall be communicated immediately by theofficer receiving it to the troops under his command, and he shall rendezvousand report for duty at the appointed place and time.
(Added to NRS by 1967, 1303)(Substituted in revisionfor NRS 412.132)
NRS
1. The Adjutant General, with the approval of theGovernor, may order members of the Nevada National Guard to active duty.Members, while on active duty, are entitled to receive the pay and allowancesof their corresponding grades in the Armed Forces of the United States, but inno case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard serving oncourts-martial, courts of inquiry, efficiency boards, medical boards or otherspecial duty requiring absence from their stations or business under competentorders may be reimbursed for necessary expenses incurred at the rateestablished for state employees by NRS281.160.
3. In lieu of other provisions of this chapter, suchamounts as are approved by the Governor may be paid to a medical examiner forhis services and necessary disbursements and to a properly appointed judgeadvocate for legal services and necessary disbursements in any suit, action orproceeding.
4. Members of the Nevada National Guard may notreceive from the State the pay or the pay and allowances provided by thissection when they are eligible for similar pay and allowances from federalfunds.
5. Members of the Nevada National Guard may with theirconsent perform without pay or without pay and allowances in parades or ceremonialevents, or any of the types of military duty prescribed in this chapterpursuant to orders issued by competent military authority. Necessary travelingexpenses, subsistence and per diem allowances may be furnished the memberswithin the discretion of the Adjutant General and within the amountappropriated 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 bymilitary courts, and to the payment of any shortage of funds or for injury tostate or federal property for which a member of the Nevada National Guard isresponsible or accountable where the responsibility has been fixed by competentauthority.
(Added to NRS by 1967, 1302; A 1975, 1107; 1981,1199; 1985, 757)
LICENSED VOLUNTEERS; RESERVISTS
NRS
1. The Governor is authorized to issue licenses tobodies of persons to organize, drill and bear arms as military companies ororganizations.
2. Whenever any such body of persons associatethemselves as a military company or organization and drill with arms under thelicense of the Governor, the military company or organization:
(a) Shall file with the Adjutant General annually, orat such time as the Governor or Adjutant General may designate, a muster rollof such military company or organization certified by the oath of thecommanding officer thereof. The muster roll shall contain the names, ages,occupations and places of residence of all members thereof, and the number andcharacter of all arms in the possession of such organization.
(b) Is subject to inspection by the Adjutant Generalupon his request within such time as he shall designate.
3. Each member of such military company ororganization shall take and subscribe to an oath before a person authorized toadminister it that he will support the Constitution of the United States andthe Constitution of the State of Nevada and will obey and maintain all laws andobey all officers employed in administering those Constitutions and laws.
(Added to NRS by 1967, 1302; A 1979, 240)
NRS
1. Whenever the Governor deems it necessary in time ofpeace, he may call all or any part of the Nevada National Guard Reserve orvolunteer organizations licensed by the Governor into active service to beorganized pursuant to Office regulations to augment the Nevada National Guardas an internal security force.
2. In time of war, the Governor may call all or anypart of the Nevada National Guard Reserve or volunteer organizations licensedby the Governor into active service to be organized pursuant to Officeregulations to replace the Nevada National Guard as a state force when theNevada National Guard is ordered into federal service.
3. Whenever laws of the United States authorize theorganization of such state forces under federal recognition, the Governor orAdjutant General may promulgate such Office regulations as are necessary tocomply with such federal laws and obtain federal recognition for the forceauthorized by this section.
(Added to NRS by 1967, 1303; A 1993, 1605)
NRS
1. Reservists and volunteers called out for duty mustbe mustered at once into the service of the State for such period as theGovernor directs, not exceeding the limits provided by
2. Except as otherwise expressly provided by Officeregulations, all the military forces must be organized as prescribed fororganization of the Nevada National Guard at the time, and must be officered,equipped, trained and commanded according to the laws and regulations governingthe Nevada National Guard, as nearly as practicable, and all laws relating tothe Nevada National Guard or to the duties, rights, privileges or immunities ofthe members thereof shall apply to and govern the other military forces and themembers thereof, so far as applicable, but the age limits for initialappointment of officers in the federally recognized National Guard do not applyto officers of the other military forces.
3. The pay and allowances of the officers and enlistedpersonnel of all branches of the military forces on active duty in the serviceof the State must be the same as provided for the Nevada National Guard when onsuch duty.
4. The Governor may receive from the FederalGovernment any arms, equipment, munitions, supplies and other grants for theuse of the military forces of the State that may be available.
5. The military forces must be uniformed in suchmanner as the Governor may prescribe, subject to federal laws or regulationsand Office regulations.
(Added to NRS by 1967, 1303; A 1993, 1605)
NRS
(Added to NRS by 1967, 1304)
RIGHTS AND PRIVILEGES OF MEMBERS
NRS
(Added to NRS by 1967, 1304)
NRS
1. An employer may not terminate the employment of amember of the Nevada National Guard because the member is ordered to activeservice or duty pursuant to NRS 412.122or 412.124.
2. Any employer who violates subsection 1 is guilty ofa misdemeanor.
3. In addition to any other remedy or penalty, theLabor Commissioner may impose against the employer an administrative penalty ofnot more than $5,000 for each such violation.
(Added to NRS by 1985, 753; A
NRS
1. Any member of the Nevada National Guard whobelieves his employment was terminated in violation of
2. The Office shall supply the member with all formsneeded to request such a hearing. The Labor Commissioner shall conduct the hearingin the manner provided in NRS 607.205 to607.220, inclusive.
(Added to NRS by 1985, 753; A 1993, 1605)
NRS
(Added to NRS by 1985, 753)
NRS
1. Except as otherwise provided in subsection 2:
(a) In all cases in which any member of the militia ofthe State is wounded, injured, disabled or killed while in the line of duty inthe service of the State, the member or the dependents of the member areentitled to receive compensation from the State of Nevada, in accordance withthe provisions of chapters 616A to
(b) In all cases, the disabled or deceased member shallbe deemed to be an employee of the State of Nevada. The compensation to beawarded to the member or to the dependents of the member must be determinedupon the basis of his average income from all sources during the yearimmediately preceding the date of his injury or death or the commencement ofhis disability, but the compensation must not exceed the maximum prescribed in
2. The provisions of this section do not apply to amember of the militia of the State or any dependents of the member who isreceiving or is entitled to receive compensation or benefits for an injury,wound, illness, disability or death described in this section pursuant to anylaw or regulation of the Federal Government, if:
(a) The federal compensation or benefits arise frommilitary duties performed pursuant to Title 10 or Title 32 of the United StatesCode; and
(b) The wound, injury, illness or disability is not anaggravation or recurrence of a wound, injury, illness or disability that arosefrom previous duties performed pursuant to Title 10 or Title 32 of the UnitedStates Code.
(Added to NRS by 1967, 1304; A 1979, 240; 1981, 1527;1989, 686; 1993, 1606; 1995, 2046, 2516; 1997, 579;
NRS
1. The Adjutant General may authorize the payment ofnot more than 100 percent of the consolidated fee each semester for each memberof the active Nevada National Guard who attends one of the universities orstate colleges within the Nevada System of Higher Education as a full-time orpart-time student from money appropriated for this purpose.
2. The Adjutant General may authorize the payment ofnot more than 100 percent of the credit-hour cost each semester for each memberof the active Nevada National Guard who attends one of the community collegeswithin the Nevada System of Higher Education as a full-time or part-timestudent from money appropriated for this purpose.
3. To be eligible to receive benefits, a person mustbe a member in good standing of the active Nevada National Guard at thebeginning of and throughout the entire semester for which benefits arereceived.
(Added to NRS by 1973, 687; A 1977, 3; 1983, 537;1993, 401; 1999, 1978;2005, 366)
NRS
1. The PatriotRelief Account is hereby created as a special account in the State GeneralFund.
2. The money in the Patriot Relief Account does notlapse to the State General Fund at the end of any fiscal year. The interest andincome earned on the money in the Patriot Relief Account, after deducting anyapplicable charges, must be credited to the Account. All claims against thePatriot Relief Account must be paid as other claims against the State are
3. The Office may accept gifts, grants and donationsfrom any source for deposit in the Patriot Relief Account.
4. The money in the Patriot Relief Account may only beused to provide:
(a) Reimbursement to members of the Nevada NationalGuard for the cost of:
(1) Premiums on a policy of group life insurancepurchased pursuant to the provisions of 38 U.S.C. 1965 et seq.; and
(2) Textbooks required for a course of study inwhich the member is enrolled at an institution within the Nevada System of HigherEducation; and
(b) Monetary relief from economic hardships experiencedby members of the Nevada National Guard who have been called into activeservice.
5. The Adjutant General shall adopt any regulationsnecessary to determine eligibility for reimbursement or monetary relief fromthe Patriot Relief Account and to carry out a program to provide suchreimbursement and monetary relief.
(Added to NRS by
NRS
(Added to NRS by 1967, 1304)
NRS
(Added to NRS by 1967, 1304; A 1979, 241)
NRS
1. The reports and communications of all members ofthe Nevada National Guard in the line of their military duty are privilegedcommunications and shall not be competent evidence against the writer in anycivil or criminal action in the courts of this state.
2. In case any suit or action is brought against anymember 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, atthe direction of the Governor, shall appear in behalf of such member and defendthe suit or action without cost to him.
(Added to NRS by 1967, 1305; A 1969, 23)
NRS
1. Members of the Nevada National Guard ordered intoactive service of the State pursuant to this chapter are not liable civilly orcriminally for any act done by them in the performance of their duty. When anaction or proceeding of any nature is commenced in any court by any personagainst any officer of the militia for any act done by him in his officialcapacity in the discharge of any duty pursuant to this chapter, or an allegedomission by him to do an act which it was his duty to perform, or against any personacting pursuant to the authority or order of such an officer, or by virtue ofany warrant issued by him pursuant to law, the defendant:
(a) May have counsel of his own selection, with thecost of such counsel to be borne by the defendant; or
(b) Must be defended by the Attorney General in civilactions and by the State Judge Advocate in criminal actions, with the cost ofsuch counsel to be paid out of the Reserve for Statutory Contingency Accountupon approval by the State Board of Examiners unless the defendant was found tohave been criminally negligent or to have acted wantonly or maliciously, inwhich case the cost of such counsel must be borne by the defendant,
and mayrequire the person instituting or prosecuting the action or proceeding to filesecurity for the payment of costs that may be awarded to the defendant therein.
2. A defendant in whose favor a final judgment isrendered in an action or a final order is made in a special proceeding shallrecover his costs.
3. No member of the Nevada National Guard may bearrested on any civil process while going to, remaining at, or returning fromany place at which he is required to attend for military duty.
(Added to NRS by 1967, 1305; A 1971, 807; 1975, 1488;1991, 1769)
HONORS, AWARDS AND DECORATIONS
NRS
1. There is hereby created the Nevada War on TerrorismMedal.
2. The Office shall award the Nevada War on TerrorismMedal to:
(a) A member of the Reserves who is a resident of thisState or a member of the Nevada National Guard who:
(1) Is called into active duty in the ArmedForces of the United States on or after September 11, 2001, in support of theglobal war on terrorism; and
(2) Serves on state active duty status orpursuant to Title 10 or 32 of U.S.C.
(b) A civilian employee of a state or localgovernmental agency or the Nevada National Guard who, during the course of hisemployment, provides services in support of the global war on terrorism and whoqualifies for the medal pursuant to criteria established by the Office pursuantto 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 themedal.
(b) Procure the manufacture of the medal, ribbon, badgeor other insignia.
(c) If the recipient is a member of the Nevada NationalGuard, ensure that award of the medal is properly reflected in the servicerecords of the recipient.
(d) Establish procedures to identify members of theReserves entitled to award of the medal.
(e) Adopt regulations to carry out the provisions ofthis section. The regulations must include, without limitation:
(1) Rules for wearing the medal, ribbon, badgeor other insignia with the uniform of the Nevada National Guard;
(2) Provisions for the posthumous award of amedal; and
(3) Criteria for determining those persons whoare entitled to an award of the medal.
4. As used in this section, Reserves means the AirForce Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve and NavyReserve.
(Added to NRS by
COMMISSIONED AND WARRANT OFFICERS
NRS
1. All commissioned officers of the Nevada NationalGuard shall be appointed and promoted by the Governor upon recommendation ofthe Adjutant General.
2. Honorary commissions shall be attested by theSecretary of State with the great seal and also by the Adjutant General withthe seal of his office. No fee shall be charged for military commissions.
(Added to NRS by 1967, 1305)
NRS
(Added to NRS by 1967, 1305; A 1993, 1606)
NRS
(Added to NRS by 1967, 1305; A 1993, 1606)
1. No person may be appointed or promoted as acommissioned officer of the Nevada National Guard unless he has passed suchexamination as to his physical, moral and professional qualifications as may beprescribed by applicable federal laws and regulations and Office regulations.
2. No person may be recognized as a commissionedofficer of the Nevada National Guard and no appointment as such may becomeeffective until he has taken and subscribed to the oath of office prescribed inNRS 412.166. The oath may beadministered and certified by any commissioned officer of the Nevada NationalGuard, or other person authorized to administer oaths under the laws of theState of Nevada, and no charge may be made for that act.
(Added to NRS by 1967, 1306; A 1985, 1221; 1993,1606)
NRS
I, .............................., do solemnly swearthat I will support and defend the Constitution of the United States and theConstitution 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 theorders of the President of the United States and of the Governor of the Stateof Nevada; that I make this obligation freely, without any mental reservationor purpose of evasion, and that I will well and faithfully discharge the dutiesof the office of ................................ in the National Guard of theState of Nevada, upon which I am about to enter, so help me God.
(Added to NRS by 1967, 1306)
NRS
1. Commissioned officers may be assigned, reassigned,transferred or detailed to and from units within the Nevada National Guard asprescribed by applicable federal laws and regulations and Office regulations.
2. An officer must reside within reasonable commutingdistance of the station to which his unit is assigned. The Adjutant Generalshall determine what constitutes a reasonable distance in all cases of doubt.
(Added to NRS by 1967, 1306; A 1993, 1606)
NRS
1. A commissioned officer of the Nevada National Guardmay tender his resignation at any time. A resignation must be tendered inwriting through proper military channels in accordance with applicable federallaws and regulations and Office regulations. A resignation takes effect whenproperly accepted and announced in orders.
2. A commissioned officer desiring to accept anappointment or to enlist in the active Army, Navy, Air Force, Marine Corps orCoast Guard of the United States or a reserve component thereof must firstobtain a conditional release from his commander. A conditional release must beissued in accordance with this chapter and Office regulations, and must includecertification that the officer is properly cleared of his responsibility forall state and United States property and public money, and that he is notindebted to the State or to the organization to which he belongs. An officer soreleased shall be deemed to have resigned upon presentation of evidence that hehas accepted an appointment or enlisted in the force to which released, and theresignation must be announced in orders.
3. No officer is entitled to resign his commission whois under arrest, suspension or who is under orders to be returned to anymilitary court for delinquency.
(Added to NRS by 1967, 1306; A 1993, 1607)
NRS
1. Any officer who absents himself without leave for60 days shall be considered to have resigned, and the vacancy shall beannounced in appropriate orders.
2. Any officer who is absent without leave from annualactive duty training shall be considered to have resigned, and the vacancy shallbe announced in appropriate orders.
(Added to NRS by 1967, 1306)
NRS
1. The efficiency, moral character and general fitnessfor retention in the Nevada National Guard of any commissioned officer may beinvestigated and determined by an efficiency examining board. The members of anefficiency examining board shall be senior in rank to the officer underinvestigation.
2. The physical fitness for further service of anycommissioned officer in the Nevada National Guard may be investigated anddetermined by a medical examining board of officers.
3. Efficiency and medical examining boards shall beappointed by the Governor upon recommendation of the Adjutant General exceptthat whenever an examining board is to be appointed for the purpose ofdetermining fitness of any officer for continued federal recognition, suchboard shall be appointed by the commander designated in the applicable laws ofthe United States and the regulations issued thereunder.
(Added to NRS by 1967, 1307)
NRS
(Added to NRS by 1967, 1307; A 1993, 1607)
NRS
(Added to NRS by 1967, 1307)
NRS
1. A person who, on or after July 1, 1973, hascompleted 2 years of service as a commissioned officer or warrant officer ofthe Nevada National Guard, shall receive an allowance of $100 at that time foruniforming and equipping himself. Thereafter he shall receive, on completion ofeach 2 years of service, an additional allowance of $100 to assist him inmeeting the uniform requirements necessary to his continued service in theNevada National Guard.
2. The allowances set forth in subsection 1 must bepaid from money available to the office only after the officer has furnishedsatisfactory evidence to the Adjutant General that he is properly entitledthereto.
(Added to NRS by 1967, 1307; A 1973, 272; 1993, 1607)
NRS
(Added to NRS by 1967, 1308)
ENLISTED PERSONNEL
NRS
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 oftransfer and discharge of enlisted personnel of the Nevada National Guard mustbe those prescribed by applicable federal laws and regulations and Officeregulations.
2. The Governor is authorized to extend the period ofany enlistment, reenlistment, voluntary extension of enlistment or the periodof service of enlisted personnel of the Nevada National Guard Reserve orvolunteer organizations licensed by the Governor for a period not to exceed 6months after the termination of an emergency declared by him, the Legislature,the President or Congress.
3. Whenever the period of enlistment, reenlistment,voluntary extension of enlistment, and the period of service of enlistedpersonnel of the reserve components of the Armed Forces of the United Statesare extended, the Governor shall extend the period of any enlistment,reenlistment, voluntary extension of enlistment or the period of service ofenlisted personnel in the corresponding force of the Nevada National Guard forthe same period.
(Added to NRS by 1967, 1308; A 1993, 1608)
NRS
(Added to NRS by 1967, 1308; A 1993, 1608)
NRS
(Added to NRS by 1967, 1308; A 1993, 1608)
NEVADA CODE OF MILITARY JUSTICE
General Provisions
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309; A 1973, 132)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1973, 132)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1967, 1309)
NRS
(Added to NRS by 1973, 132)
NRS
(Added to NRS by 1967, 1310)
NRS
(Added to NRS by 1967, 1310)
NRS
1. Members of the Nevada National Guard, whether ornot they are in training pursuant to 32 U.S.C. 501 to 507, inclusive.
2. All other persons lawfully ordered to duty in orwith the Nevada National Guard, from the dates they are required by the termsof the order or other directive to obey it.
(Added to NRS by 1967, 1310; A 1985, 758)
NRS
1. Each person discharged from the Nevada NationalGuard who is later charged with having fraudulently obtained his discharge is,subject to NRS 412.376, subject to trialby court-martial on that charge and is after apprehension subject to this Codewhile in the custody of the military for that trial. Upon conviction of thatcharge he is subject to trial by court-martial for all offenses under this Codecommitted before the fraudulent discharge.
2. No person who has deserted from the Nevada NationalGuard may be relieved from amenability to the jurisdiction of this Code byvirtue of a separation from any later period of service.
(Added to NRS by 1967, 1310)
NRS
1. If any commissioned officer dismissed by order ofthe Governor makes a written application for trial by court-martial, settingforth under oath that he has been wrongfully dismissed, the Governor, as soonas practicable, shall convene a general court-martial to try that officer onthe charges on which he was dismissed. A court-martial so convened hasjurisdiction to try the dismissed officer on those charges, and he shall beconsidered to have waived the right to plead any statute of limitationsapplicable to any offense with which he is charged. The court-martial may, aspart of its sentence, adjudge the affirmance of the dismissal; but if thecourt-martial acquits the accused or if the sentence adjudged, as finallyapproved or affirmed, does not include dismissal, the Chief of Staff to theGovernor shall substitute for the dismissal ordered by the Governor a form ofdischarge authorized for administrative issue.
2. If the Governor fails to convene a generalcourt-martial within 6 months from the presentation of an application for trialunder this Code, the Chief of Staff to the Governor shall substitute for thedismissal ordered by the Governor a form of discharge authorized foradministrative issue.
3. If a discharge is substituted for a dismissal underthis Code, the Governor alone may reappoint the officer to such commissionedgrade and with such rank as, in the opinion of the Governor, that formerofficer would have attained had he not been dismissed. The reappointment ofsuch a former officer may be made only if a vacancy is available underapplicable tables of organization. All time between the dismissal and thereappointment shall be considered as actual service for all purposes.
4. If an officer is discharged from the NevadaNational Guard by administrative action or by board proceedings under law, oris dropped from the rolls by order of the Governor, he has no right to trialunder this section.
(Added to NRS by 1967, 1310)
NRS
1. This Code applies throughout the State. It alsoapplies to all persons otherwise subject to this Code while they are servingoutside the State, and while they are going to and returning from such serviceoutside the State, in the same manner and to the same extent as if they wereserving inside the State.
2. Courts-martial and courts of inquiry may beconvened and held in units of the Nevada National Guard while those units areserving outside the State with the same jurisdiction and powers as to personssubject to this Code as if the proceedings were held inside the State; andoffenses committed outside the State may be tried and punished either inside oroutside the State.
(Added to NRS by 1967, 1310)
NRS
1. The Adjutant General shall appoint an officer ofthe Nevada National Guard as State Judge Advocate. To be eligible forappointment, an officer must have been licensed to practice law in the State ofNevada for at least 5 years and must be qualified to act as a military judgeadvocate. The State Judge Advocate serves at the pleasure of the AdjutantGeneral.
2. The Adjutant General may appoint as many assistantstate judge advocates as he deems necessary, who must be officers of the NevadaNational Guard and licensed to practice law in the State of Nevada.
3. The State Judge Advocate or his assistants shallmake frequent inspections in the field to supervise the administration ofmilitary justice.
4. Convening authorities shall at all timescommunicate directly with their staff judge advocate or legal officers inmatters relating to the administration of military justice. The staff judgeadvocate or legal officer of any command may communicate directly with thestaff judge advocate or legal officer of a superior or subordinate command, orwith the State Judge Advocate.
5. No person who has acted as member, military judge,trial counsel, assistant trial counsel, defense counsel, assistant defensecounsel or investigating officer, or who has been a witness for either theprosecution or defense in any case, may later act as staff judge advocate orlegal officer to any reviewing authority upon the same case.
(Added to NRS by 1967, 1311; A 1973, 132; 1985, 758)
Apprehension and Restraint
NRS
1. Any person authorized by this Code, or by Officeregulations issued pursuant thereto, to apprehend persons subject to this Code,any marshal of a court-martial appointed pursuant to the provisions of thisCode and any peace officer authorized to do so by law may do so upon reasonablebelief that an offense has been committed and that the person apprehendedcommitted it.
2. Commissioned officers, warrant officers andnoncommissioned officers have authority to quell quarrels, frays and disordersamong persons subject to this Code and to apprehend persons subject to thisCode who take part therein.
(Added to NRS by 1967, 1311; A 1993, 1608)
NRS
1. If any member of the Nevada National Guard fails orrefuses to report to his appointed place of duty, his commanding officer mayarrest him or cause him to be arrested, and brought before the commandingofficer at the unit or organization headquarters, whether such headquarters arelocated within or without the borders of the State.
2. After an arrest, the commanding officer maytransport, or cause to be transported, the person arrested to his appointedplace of duty.
3. If military personnel are not available for thepurpose of making the arrest, or if the commanding officer deems it advisable,he may issue a warrant to any peace officer authorized to serve warrants ofarrest in aid of any criminal action. Such peace officer shall serve thewarrant in the same manner as other warrants of arrest, and make return thereofto the commanding officer issuing the warrant.
4. If the commanding officer issuing the warrant, orhis authorized representative, is not available to receive the person arrested,the arresting officer shall take him before the nearest available magistrate inthe State.
5. The magistrate may admit the person arrested tobail conditioned upon his appearance before the magistrate at a specified timefor surrender to the commanding officer issuing the warrant.
6. If the person arrested is unable to give bail, hemay be held in the county jail for a period not to exceed 3 days, pending hissurrender to the commanding officer or his authorized representative.
(Added to NRS by 1973, 410)
NRS
1. Warrants of arrest issued pursuant to
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 bearrested, rank, serial number)
a member of .............................. (Unit designation)Nevada National Guard, having failed or refused to report to his appointedplace of duty at ................................, you are therefore commandedforthwith to arrest the above-named .............................. and bringhim before me at ................ The arrest may be made either during the dayor at night.
Dated at ............................. this.............. day of the month of . of the year
/s/..................................................................................
(Name,rank, branch, organization,
anddesignation as commanding officer)
2. Fees and mileage allowed for the service ofwarrants must be the same as are provided by law for the service of criminalprocess and must be paid out of money appropriated to the office of themilitary, upon proper application therefor.
(Added to NRS by 1973, 411; A 1993, 1609;
NRS
(Added to NRS by 1967, 1311)
NRS
1. An enlisted member may be ordered into arrest orconfinement by any commissioned officer by an oral or written order, deliveredin person or through other persons subject to this code or through any personauthorized by this code to apprehend persons. A commanding officer mayauthorize warrant officers or noncommissioned officers to order enlistedmembers of his command or subject to his authority into arrest or confinement.
2. A commissioned officer or warrant officer may beordered apprehended or into arrest or confinement only by a commanding officerto whose authority he is subject, by an order, oral or written, delivered inperson or by another commissioned officer. The authority to order such personsapprehended or into arrest or confinement may not be delegated.
3. No person may be ordered apprehended or into arrestor confinement except for probable cause.
4. This section does not limit the authority ofpersons authorized to apprehend offenders to secure the custody of an allegedoffender until proper authority may be notified.
(Added to NRS by 1967, 1311)
NRS
1. Any person subject to this Code charged with anoffense under this Code shall be ordered into arrest or confinement, ascircumstances may require, by a person so authorized by this chapter; but whencharged only with an offense normally tried by a summary court-martial, suchperson shall not ordinarily be placed in confinement.
2. When any person subject to this Code is placed inarrest or confinement prior to trial, immediate steps shall be taken to informhim of the specific wrong of which he is accused and to try him or to dismissthe charges and release him.
(Added to NRS by 1967, 1312; A 1973, 410)
NRS
(Added to NRS by 1967, 1312; A 1989, 1180)
NRS
1. A provost marshal, commander of a guard, master atarms, keeper or officer of a city or county jail or any other jail, detentionfacility, penitentiary or prison designated under
2. Every commander of a guard, master at arms, keeperor officer of a city or county jail or of any other jail, detention facility,penitentiary or prison designated under NRS412.276 to whose charge a prisoner is committed shall, within 24 hoursafter that commitment or as soon as he is relieved from guard, report to the commandingofficer of the prisoner the name of the prisoner, the offense charged againsthim, and the name of the person who ordered or authorized the commitment.
(Added to NRS by 1967, 1312; A 1977, 871; 1989, 1180)
NRS
(Added to NRS by 1967, 1312)
NRS
1. Under such Office regulations as may be prescribedunder this chapter, a person on active state duty subject to this Code who isaccused 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 anycivil authority of a person undergoing sentence of a court-martial, thedelivery, if followed by conviction in a civil tribunal, interrupts theexecution of the sentence of the court-martial, and the offender after havinganswered to the civil authorities for his offense must, upon the request ofcompetent military authority, be returned to military custody for the completionof his sentence.
(Added to NRS by 1967, 1313; A 1993, 1609)
Nonjudicial Punishment
NRS
(Added to NRS by 1967, 1313; A 1993, 1609)
NRS
1. Upon officers of his command:
(a) Restriction to certain specified limits, with orwithout suspension from duty, for not more than 30 consecutive days.
(b) If imposed by an officer exercising generalcourt-martial jurisdiction or an officer of general rank in command:
(1) Arrest in quarters for not more than 30consecutive days;
(2) Forfeiture of not more than one-half of 1months pay per month for 2 months;
(3) Restriction to certain specified limits,with or without suspension from duty, for not more than 60 consecutive days; or
(4) Detention of not more than one-half of 1months pay per month for 3 months.
2. Upon other personnel of his command:
(a) Correctional custody for not more than 7consecutive days.
(b) Forfeiture of not more than 7 days pay.
(c) Reduction to the next inferior pay grade, if thegrade from which demoted is within the promotion authority of the officerimposing the reduction or any officer subordinate to the one who imposes thereduction.
(d) Extra duties, including fatigue or other duties,for not more than 14 consecutive days.
(e) Restriction to certain specified limits, with or withoutsuspension from duty, for not more than 14 consecutive days.
(f) Detention of not more than 14 days pay.
(g) If imposed by an officer of the grade of major orabove:
(1) Correctional custody for not more than 30consecutive days;
(2) Forfeiture of not more than one-half of 1months pay per month for 2 months;
(3) Reduction to the lowest or any intermediatepay grade, if the grade from which demoted is within the promotion authority ofthe officer imposing the reduction or any officer subordinate to the one whoimposes the reduction, but an enlisted member in a pay grade above E-4 may notbe reduced more than two pay grades;
(4) Extra duties, including fatigue or otherduties, for not more than 45 consecutive days;
(5) Restrictions to certain specified limits,with or without suspension from duty, for not more than 60 consecutive days; or
(6) Detention of not more than one-half of 1months pay per month for 3 months.
Detention ofpay shall be for a stated period of not more than 1 year but if the offendersterm of service expires earlier, the detention shall terminate upon thatexpiration. No two or more of the punishments of arrest in quarters,correctional custody, extra duties, and restriction may be combined to runconsecutively in the maximum amount imposable for each. Whenever any of thosepunishments are combined to run consecutively there must be an apportionment.In addition, forfeiture of pay may not be combined with detention of paywithout an apportionment. For the purposes of this subsection, correctionalcustody is the physical restraint of a person during duty or nonduty hours andmay include extra duties, fatigue duties or hard labor. If practicable,correctional custody will not be served in immediate association with personsawaiting trial or held in confinement pursuant to trial by court-martial.
(Added to NRS by 1967, 1313)
NRS
(Added to NRS by 1967, 1314; A 1993, 1610)
NRS
1. Arrest in quarters to restriction;
2. Correctional custody to extra duties orrestriction, or both; or
3. Extra duties to restriction,
themitigated punishment shall not be for a greater period than the punishmentmitigated. When mitigating forfeiture of pay to detention of pay, the amount ofthe detention shall not be greater than the amount of the forfeiture. Whenmitigating reduction in grade to forfeiture or detention of pay, the amount ofthe forfeiture or detention shall not be greater than the amount that couldhave been imposed initially under NRS412.286 to 412.302, inclusive, bythe officer who imposed the punishment mitigated.
(Added to NRS by 1967, 1314)
NRS
1. Arrest in quarters for more than 7 days;
2. Correctional custody for more than 7 days;
3. Forfeiture of more than 7 days pay;
4. Reduction of one or more pay grades from the fourthor a higher pay grade;
5. Extra duties for more than 14 days;
6. Restriction for more than 14 days; or
7. Detention of more than 14 days pay,
theauthority who is to act on the appeal shall refer the case to the State JudgeAdvocate for consideration and advice, and may so refer the case upon appealfrom any punishment imposed under NRS412.288.
(Added to NRS by 1967, 1315)
NRS
(Added to NRS by 1967, 1315)
NRS
(Added to NRS by 1967, 1315; A 1993, 1610)
Jurisdiction of Courts-Martial
NRS
1. In the Nevada National Guard not in federalservice, there are general, special and summary courts-martial constituted likesimilar courts of the Army and Air Force. They have the jurisdiction andpowers, except as to punishments, and shall follow the forms and proceduresprovided for those courts.
2. Courts-martial shall be constituted as follows:
(a) General courts-martial consisting of:
(1) A military judge and not less than fivemembers; or
(2) A military judge alone, if, before the courtis assembled, the accused, knowing the identity of the military judge, andafter consultation with defense counsel, requests in writing, a court composedonly of a military judge, provided the military judge approves. A courtcomposed only of a military judge is not available to one accused of an offensepunishable by death, except when the case has been referred to a trial as anoncapital case.
(b) Special courts-martial consisting of:
(1) A military judge and not less than threemembers; or
(2) A military judge alone, if the accused,under the same conditions as those prescribed in subparagraph (2) of paragraph(a) of this subsection, so requests.
(c) Summary courts-martial, consisting of onecommissioned officer.
(Added to NRS by 1967, 1315; A 1973, 133)
NRS
(Added to NRS by 1967, 1316; A 1993, 1610)
NRS
1. A fine of not more than $200 or forfeiture of payand allowances of not more than $200;
2. Confinement with hard labor for not more than 200days;
3. Dishonorable discharge, bad-conduct discharge ordismissal;
4. Reprimand;
5. Reduction of enlisted persons to a lower grade; or
6. Any combination of these punishments.
(Added to NRS by 1967, 1316)
NRS
(Added to NRS by 1967, 1316)
NRS
1. Subject to NRS412.306, summary courts-martial have jurisdiction to try persons subject tothis Code, except officers and warrant officers, for any offense madepunishable by this Code.
2. No person with respect to whom summarycourts-martial have jurisdiction may be brought to trial before a summarycourt-martial if he objects thereto, unless under
3. Summary courts-martial may adjudge any of thefollowing punishments:
(a) Confinement with hard labor for not exceeding 25days;
(b) A fine of not more than $25 or forfeiture of payand allowances of not more than $25 for a single offense;
(c) Reduction of enlisted persons to a lower grade; and
(d) Any combination of these punishments.
(Added to NRS by 1967, 1316)
NRS
(Added to NRS by 1967, 1316)
NRS
(Added to NRS by 1967, 1316)
NRS
(Added to NRS by 1967, 1316)
Convening and Composition of Courts-Martial
NRS
(Added to NRS by 1967, 1317)
NRS
(Added to NRS by 1967, 1317)
NRS
1. In the Nevada National Guard not in federalservice, the commanding officer of a garrison, fort, post, camp, airbase,auxiliary airbase or other place where troops are on duty, or of a regiment,wing, group, detached battalion, detached squadron, detached company or otherdetachment, may convene a summary court-martial consisting of one commissionedofficer. The proceedings shall be informal.
2. When only one commissioned officer is present witha command or detachment he shall be the summary court-martial of that commandor detachment and shall hear and determine all summary court-martial casesbrought before him. Summary courts-martial may, however, be convened in anycase by superior competent authority when considered desirable by him.
(Added to NRS by 1967, 1317)
NRS
1. Any commissioned officer of or on duty with theNevada National Guard is eligible to serve on all courts-martial for the trialof any person who may lawfully be brought before such courts for trial.
2. Any warrant officer of or on duty with the NevadaNational Guard is eligible to serve on general and special courts-martial forthe trial of any person, other than a commissioned officer, who may lawfully bebrought before such courts for trial.
3. Any enlisted member of the Nevada National Guardwho is not a member of the same unit as the accused is eligible to serve ongeneral and special courts-martial for the trial of any enlisted member who maylawfully be brought before such courts for trial, but he shall serve as amember of a court only if, before the convening of the court, the accusedpersonally has requested in writing that enlisted members serve on it. Aftersuch a request, the accused may not be tried by a general or specialcourt-martial the membership of which does not include enlisted members in a numbercomprising at least one-third of the total membership of the court, unlesseligible members cannot be obtained on account of physical conditions ormilitary exigencies. If such members cannot be obtained, the court may beconvened and the trial held without them, but the convening authority shallmake a detailed written statement, to be appended to the record, stating whythey could not be obtained. As used in this subsection, the word unit meansany regularly organized body of the Nevada National Guard not larger than acompany, a squadron or a corresponding body.
4. When it can be avoided, no person subject to thisCode shall be tried by a court-martial any member of which is junior to him inrank or grade.
5. When convening a court-martial, the conveningauthority shall detail as members thereof such members of the Nevada NationalGuard as, in his 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 ageneral or special court-martial when he is the accuser or a witness for theprosecution or has acted as investigating officer or as counsel in the samecase. If within the command of the convening authority there is present and nototherwise disqualified a commissioned officer who is a member of the bar of theState and of appropriate rank, the convening authority shall appoint him as presidentof a special court-martial. Although this requirement is binding on theconvening authority, failure to meet it in any case does not divest a militarycourt of jurisdiction.
(Added to NRS by 1967, 1317)
NRS
1. The authority convening a general or specialcourt-martial shall request the State Judge Advocate to detail a militaryjudge.
2. No person may act as military judge in a casewherein he is the accuser, a witness for the prosecution, counsel or has actedas investigating officer.
3. The military judge may not consult with the membersof the court except in the presence of the accused and trial and defensecounsel, nor may he vote with the members of the court.
(Added to NRS by 1967, 1318; A 1973, 133)
NRS
1. For each general and special court-martial theauthority convening the court shall request the State Judge Advocate to detailtrial and defense counsel and such assistants as he considers appropriate.
2. No person who has acted as investigating officer,military judge or court member may thereafter act as trial counsel or assistanttrial counsel in the same case.
3. Unless requested by the accused, no person who hasacted as investigating officer, military judge or court member may thereafteract as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution maythereafter act for the defense in the same case; nor may any person who hasacted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martialshall be a member of the bar of the highest court of a state or of a federalcourt.
(Added to NRS by 1967, 1318; A 1973, 142; 1975, 78)
NRS
(Added to NRS by 1967, 1318; A 1993, 1610)
NRS
1. No member of a general or special court-martial maybe absent or excused after the accused has been arraigned except for physicaldisability or as a result of a challenge or by order of the convening authorityfor good cause.
2. Whenever a general court-martial is reduced belowfive members, the trial may not proceed unless the convening authority detailsnew members sufficient in number to provide not less than five members. Whenthe new members have been sworn, the trial may proceed after the recordedtestimony of each witness previously examined has been read to the court in thepresence of the military judge, the accused and counsel.
3. Whenever a special court-martial is reduced belowthree members, the trial may not proceed unless the convening authority detailsnew members sufficient in number to provide not less than three members. Whenthe new members have been sworn, the trial shall proceed as if no evidence haspreviously been introduced, unless a verbatim record of the testimony ofpreviously examined witnesses or a stipulation thereof is read to the court inthe presence of the accused and counsel.
(Added to NRS by 1967, 1319; A 1973, 134)
Pretrial Procedure
NRS
1. Charges and specifications shall be signed by aperson subject to this Code under oath before a person authorized by this Codeto administer oaths and shall state:
(a) That the signer has personal knowledge of, or hasinvestigated, the matters set forth therein; and
(b) That they are true in fact to the best of hisknowledge and belief.
2. Upon the preferring of charges, the properauthority shall take immediate steps to determine what disposition should bemade thereof in the interest of justice and discipline, and the person accusedshall be informed of the charges against him as soon as practicable.
(Added to NRS by 1967, 1319)
NRS
1. No person subject to this Code may compel anyperson to incriminate himself or to answer any question the answer to which maytend to incriminate him.
2. No person subject to this Code may interrogate, orrequest any statement from, an accused or a person suspected of an offensewithout first:
(a) Informing him of the nature of the accusation;
(b) Advising him that he does not have to make anystatement regarding the offense of which he is accused or suspected and thatany statement made by him may be used as evidence against him in a trial bycourt-martial; and
(c) Advising him that he has a right to consult with alawyer, that he has a right to have a lawyer present during questioning, thathe has a right to be represented by a lawyer and that upon his request, onewill be provided him without cost, or, if he prefers, he may retain counsel ofhis choice, at his own expense.
3. No person subject to this Code may compel anyperson to make a statement or produce evidence before any military tribunal ifthe statement or evidence is not material to the issue and may tend to degradehim.
4. No statement obtained from any person in violationof this section, or through the use of coercion, unlawful influence or unlawfulinducement may be received in evidence against him in a trial by court-martial.
(Added to NRS by 1967, 1319; A 1973, 295)
NRS
1. No charge or specification may be referred to ageneral court-martial for trial until a thorough and impartial investigation ofall the matters set forth therein has been made. This investigation shallinclude inquiry as to the truth of the matter set forth in the charges,consideration of the form of charges, and a recommendation as to thedisposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges againsthim and of his right to be represented at that investigation by counsel. Uponhis own request he shall be represented by civilian counsel if provided by him,or military counsel of his own selection if such counsel is reasonablyavailable, or by counsel detailed by the officer exercising generalcourt-martial jurisdiction over the command. At that investigation fullopportunity shall be given to the accused to cross-examine witnesses againsthim if they are available and to present anything he may desire in his ownbehalf, either in defense or mitigation, and the investigating officer shallexamine available witnesses requested by the accused. If the charges areforwarded after the investigation, they shall be accompanied by a statement ofthe substance of the testimony taken on both sides and a copy thereof shall begiven to the accused.
3. If an investigation of the subject matter of anoffense has been conducted before the accused is charged with an offense, andif the accused was present at the investigation and afforded the opportunitiesfor representation, cross-examination and presentation prescribed in subsection2, no further investigation of that charge is necessary under this sectionunless it is demanded by the accused after he is informed of the charge. Ademand for further investigation entitles the accused to recall witnesses forfurther cross-examination and to offer any new evidence in his own behalf.
4. The requirements of this section are binding on allpersons administering this Code but failure to follow them does not divest amilitary court of jurisdiction.
(Added to NRS by 1967, 1319)
NRS
(Added to NRS by 1967, 1320)
NRS
1. Before directing the trial of any charge by generalcourt-martial, the convening authority shall refer it to the State JudgeAdvocate for consideration and advice. The convening authority may not refer acharge to a general court-martial for trial unless he has found that the chargealleges an offense under this Code and is warranted by evidence indicated inthe report of the investigation.
2. If the charges or specifications are not formallycorrect or do not conform to the substance of the evidence contained in thereport of the investigating officer, formal corrections, and such changes inthe charges and specifications as are needed to make them conform to theevidence, may be made.
(Added to NRS by 1967, 1320)
NRS
(Added to NRS by 1967, 1320)
Trial Procedure
NRS
(Added to NRS by 1967, 1321; A 1993, 1610)
NRS
(Added to NRS by 1967, 1321)
NRS
1. The trial counsel of a general or specialcourt-martial shall prosecute in the name of the State and shall, under thedirection of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in hisdefense before a general or special court-martial by civilian counsel ifprovided by him, or by military counsel of his own selection if reasonablyavailable, or by the defense counsel detailed under
3. In every court-martial proceeding the defensecounsel may, in the event of conviction, forward for attachment to the recordof proceedings a brief of such matters as he feels should be considered inbehalf of the accused on review, including any objection to the contents of therecord which he considers appropriate.
4. An assistant trial counsel of a generalcourt-martial may, under the direction of the trial counsel or when he isqualified to be a trial counsel as required by
5. An assistant defense counsel of a general orspecial court-martial may, under the direction of the defense counsel or whenhe is qualified to be the defense counsel as required by
(Added to NRS by 1967, 1321)
NRS
1. At any time after the service of charges, whichhave been referred for trial to a court-martial composed of a military judgeand members, the military judge may call the court into session without thepresence of the members for:
(a) Hearing and determining motions raising defenses orobjections which are capable of determination without trial of the issuesraised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may beruled upon by the military judge whether or not the matter is appropriate forlater consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the pleas ofthe accused; or
(d) Performing any other procedural function which maybe performed by the military judge which does not require the presence of themembers of the court. These proceedings shall be conducted in the presence ofthe accused, defense counsel and trial counsel and shall be made a part of therecord.
2. Whenever a general or special court-martialdeliberates or votes, only the members of the court may be present. All otherproceedings, including any other consultation of the court with counsel or themilitary judge, shall be made a part of the record and shall be in the presenceof the accused, the defense counsel, the trial counsel, and the military judge.
(Added to NRS by 1967, 1321; A 1973, 134)
NRS
(Added to NRS by 1967, 1322; A 1973, 135)
NRS
1. The military judge and members of a general orspecial court-martial may be challenged by the accused or the trial counsel forcause stated to the court. The military judge shall determine the relevancy andvalidity of challenges for cause, and may not receive a challenge to more thanone person at a time. Challenges by the trial counsel shall be presented anddecided before those by the accused are offered, unless justice dictatesotherwise.
2. Each accused and the trial counsel is entitled toone peremptory challenge, but the military judge may not be challenged exceptfor cause.
(Added to NRS by 1967, 1322; A 1973, 135)
1. The military judge, interpreters, and in generaland special courts-martial, members, trial counsel, assistant trial counsel,defense counsel, assistant defense counsel and reporters shall take an oath oraffirmation in the presence of the accused to perform their duties faithfully.
2. Each witness before a military court shall beexamined on oath or affirmation.
(Added to NRS by 1967, 1322; A 1973, 135)
NRS
1. A person charged with desertion or absence withoutleave in time of war, or with aiding the enemy or with mutiny, may be tried andpunished at any time without limitation.
2. Except as otherwise provided in this section, aperson charged with desertion in time of peace or the offense punishable under
3. Except as otherwise provided in this section, aperson charged with any offense is not liable to be tried by court-martial orpunished under NRS 412.286 to
4. Periods in which the accused was absent fromterritory in which the State has the authority to apprehend him, or in thecustody of civil authorities, or in the hands of the enemy, shall be excludedin computing the period of limitation prescribed in this section.
(Added to NRS by 1967, 1322)
1. No person may, without his consent, be tried asecond time in any military court of the State for the same offense.
2. No proceeding in which an accused has been foundguilty by a court-martial upon any charge or specification is a trial in thesense of this section until the finding of guilty has become final after reviewof the case has been fully completed.
3. A proceeding which, after the introduction ofevidence but before a finding, is dismissed or terminated by the conveningauthority or on motion of the prosecution for failure of available evidence orwitnesses without any fault of the accused is a trial in the sense of thissection.
(Added to NRS by 1967, 1322)
NRS
(Added to NRS by 1967, 1323)
NRS
1. The trial counsel, the defense counsel and thecourt-martial must have equal opportunity to obtain witnesses, both civilianand 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 accusedperson 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 witnessesand the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, asprovided in actions before civil courts of the State.
3. Process issued in court-martial cases to compelwitnesses to appear and testify and to compel the production of other evidencemay run to any part of the State and may be executed by military personneldesignated by the court-martial, or by civil officers as prescribed by the lawsof the State of Nevada.
(Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)
NRS
1. Has been subpoenaed to appear as a witness or toproduce books and records before a military court or before any military orcivil officer designated to take a deposition to be read in evidence beforesuch a court;
2. Has been paid or tendered the fees and mileage of awitness at the rates allowed to witnesses attending a district court of theState; and
3. Willfully neglects or refuses to appear, or refusesto qualify as a witness or to testify or to produce any evidence which thatperson may have been legally subpoenaed to produce,
is guilty ofan offense against the State and may be punished in the same manner as ifcommitted before civil courts of the State.
(Added to NRS by 1967, 1323)
NRS
(Added to NRS by 1967, 1323)
1. At any time after charges have been signed, asprovided in NRS 412.344, any party maytake oral or written depositions unless an authority competent to convene acourt-martial for the trial of those charges forbids it for good cause. If adeposition is to be taken before charges are referred for trial, such authoritymay designate commissioned officers to represent the prosecution and thedefense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a deposition is to betaken shall give to every other party reasonable written notice of the time andplace for taking the deposition.
3. Depositions may be taken before and authenticatedby any military officer or other person authorized by the laws of the State orby the laws of the place where the deposition is taken to administer oaths.
4. A duly authenticated deposition taken uponreasonable notice to the other parties, so far as otherwise admissible underthe rules of evidence, may be read in evidence before any court-martial or inany proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state inwhich the court-martial or court of inquiry is ordered to sit, or beyond thedistance 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 personat the place of trial or hearing; or
(c) That the present whereabouts of the witness isunknown.
(Added to NRS by 1967, 1323)
NRS
1. In any case not extending to the dismissal of acommissioned officer, the sworn testimony, contained in the duly authenticatedrecord of proceedings of a court of inquiry, of a person whose oral testimonycannot be obtained may, if otherwise admissible under the rules of evidence, beread in evidence by any party before a court-martial if the accused was a partybefore the court of inquiry and if the same issue was involved or if theaccused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by thedefense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence beforea court of inquiry or a military board.
(Added to NRS by 1967, 1324)
NRS
1. Voting by members of a general or special court-martialupon questions of challenge, on the findings and on the sentence shall be bysecret written ballot. The junior member of the court shall in each case countthe votes. The count shall be checked by the president, who shall forthwithannounce the result of the ballot to the members of the court.
2. Before a vote is taken on the findings, and exceptwhere a court-martial is composed of a military judge alone, the military judgeshall, in the presence of the accused and counsel, instruct the court as to theelements of the offense and charge the court:
(a) That the accused must be presumed to be innocentuntil his guilt is established by legal and competent evidence beyondreasonable doubt;
(b) That in the case being considered, if there is areasonable doubt as to the guilt of the accused, the doubt must be resolved infavor of the accused and he must be acquitted;
(c) That if there is a reasonable doubt as to thedegree of guilt, the findings must be in a lower degree as to which there is noreasonable doubt; and
(d) That the burden of proof to establish the guilt ofthe accused beyond reasonable doubt is upon the State.
3. If the court-martial is composed of a militaryjudge alone, he shall determine all questions of law and fact, and, if the accusedis convicted, adjudge an appropriate sentence. He shall make a general finding,unless requested to make a special finding of facts. If an opinion ormemorandum decision is filed, it is sufficient if the findings of fact appeartherein.
(Added to NRS by 1967, 1324; A 1973, 136)
NRS
1. No person may be convicted of an offense, except bythe concurrence of two-thirds of the members present at the time the vote istaken.
2. All sentences shall be determined by the concurrenceof two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members ofa general or special court-martial shall be determined by a majority vote. Atie vote on a challenge disqualifies the member challenged. A tie vote on amotion for a finding of not guilty or on a motion relating to the question ofthe accuseds sanity is a determination against the accused. A tie vote on anyother question is a determination in favor of the accused.
(Added to NRS by 1967, 1325)
NRS
(Added to NRS by 1967, 1325)
1. Each court-martial shall keep a separate record ofthe proceedings of the trial of each case brought before it and the record mustbe authenticated by the signatures of the president and the military judge. Ifthe record cannot be authenticated by either the president or the militaryjudge, by reason of his absence, it must be signed by a member in lieu of him.If both the president and the military judge are unavailable, the record mustbe authenticated by two members. A record of the proceedings of a trial inwhich the sentence adjudged includes a bad-conduct discharge or is more thanthat which could be adjudged by a special court-martial must contain a completeverbatim account of the proceedings and testimony before the court. All other recordsof trial must contain such matter and be authenticated in such manner as theGovernor may, by Office regulation, prescribe.
2. A copy of the record of the proceedings of eachgeneral and special court-martial must be given to the accused as soon as it isauthenticated. If a verbatim record of trial by general court-martial is notrequired by subsection 1, the accused may buy such a record in accordance withOffice regulations.
(Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611)
Sentences
NRS
(Added to NRS by 1967, 1325)
NRS
1. The punishments which a court-martial may directfor an offense may not exceed limits prescribed by this Code.
2. None of the provisions of this Code shall subjectanyone to imprisonment for failure to pay a fine imposed by a military court.
(Added to NRS by 1967, 1325)
NRS
1. Whenever a sentence of a court-martial as lawfullyadjudged and approved includes a forfeiture of pay or allowances in addition toconfinement not suspended, the forfeiture may apply to pay or allowancesbecoming due on or after the date the sentence is approved by the conveningauthority. No forfeiture may extend to any pay or allowances accrued beforethat date.
2. Any period of confinement included in a sentence ofa court-martial begins to run from the date the sentence is adjudged by thecourt-martial but periods during which the sentence to confinement is suspendedmust be excluded in computing the service of the term of confinement. Officeregulations may provide that sentences of confinement may not be executed untilapproved by designated officers.
3. All other sentences of courts-martial are effectiveon the date ordered executed.
(Added to NRS by 1967, 1325; A 1993, 1611)
NRS
1. A sentence of confinement adjudged by a militarycourt, whether or not the sentence includes discharge or dismissal, and whetheror not the discharge or dismissal has been executed, may be carried intoexecution by confinement in any place of confinement under the control of anyof the forces of the Nevada National Guard or in any jail, detention facility,penitentiary or prison designated for that purpose. Persons so confined in ajail, detention facility, penitentiary or prison are subject to the samediscipline and treatment as persons confined or committed to the jail, detentionfacility, penitentiary or prison by the courts of the State or of any politicalsubdivision thereof.
2. The omission of the words hard labor from anysentence or punishment of a court-martial adjudging confinement does notdeprive the authority executing that sentence or punishment of the power torequire hard labor as a part of the punishment.
3. The keepers, officers and wardens of city or countyjails and of other jails, detention facilities, penitentiaries or prisonsdesignated by the Governor, or by such person as he may authorize to act under
(a) Receive persons ordered into confinement beforetrial and persons committed to confinement by a military court; and
(b) Confine them according to law.
A keeper,officer or warden may not require payment of any fee or charge for so receivingor confining a person.
(Added to NRS by 1967, 1326; A 1989, 1181)
NRS
1. Unless otherwise provided in Office regulations, acourt-martial sentence of an enlisted member in a pay grade above E-1, asapproved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge;
(b) Confinement; or
(c) Hard labor without confinement,
reduces thatmember to pay grade E-1, effective on the date of that approval.
2. If the sentence of a member who is reduced in paygrade under subsection 1 is set aside or disapproved, or, as finally approved,does not include punishment named in subsection 1, the rights and privileges ofwhich he was deprived because of that reduction must be restored to him and heis entitled to the pay and allowances to which he would have been entitled, forthe period the reduction was in effect, had he not been so reduced.
(Added to NRS by 1967, 1326; A 1993, 1611)
Review of Courts-Martial
NRS
(Added to NRS by 1967, 1326)
NRS
1. After a trial by court-martial the record shall beforwarded to the convening authority, as reviewing authority, and actionthereon may be taken by the person who convened the court, a commissionedofficer commanding for the time being, a successor in command or by theGovernor.
2. The convening authority shall refer the record ofeach general court-martial to the State Judge Advocate, who shall submit hiswritten opinion thereon to the convening authority. If the final action of thecourt has resulted in an acquittal of all charges and specifications, the opinionshall be limited to questions of jurisdiction.
(Added to NRS by 1967, 1327)
NRS
1. If a specification before a court-martial has beendismissed 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 reconsiderationof the ruling and any further appropriate action.
2. Where there is an apparent error or omission in therecord or where the record shows improper or inconsistent action by acourt-martial with respect to a finding or sentence which can be rectifiedwithout material prejudice to the substantial rights of the accused, theconvening 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 ofany specification, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty ofany charge, unless the record shows a finding of guilty under a specificationlaid under that charge, which sufficiently alleges a violation of some sectionof this Code; or
(c) For increasing the severity of the sentence unlessthe sentence prescribed for the offense is mandatory.
(Added to NRS by 1967, 1327)
NRS
1. If the convening authority disapproves the findingsand sentence of a court-martial he may, except where there is lack ofsufficient evidence in the record to support the findings, order a rehearing.In such a case he shall state the reasons for disapproval. If he disapprovesthe findings and sentence and does not order a rehearing, he shall dismiss thecharges.
2. Each rehearing shall take place before a court-martialcomposed of members not members of the court-martial which first heard thecase. Upon a rehearing the accused may not be tried for any offense of which hewas found not guilty by the first court-martial, and no sentence in excess ofor more severe than the original sentence may be imposed, unless the sentenceis based upon a finding of guilty of an offense not considered upon the meritsin the original proceedings, or unless the sentence prescribed for the offenseis mandatory.
(Added to NRS by 1967, 1327)
NRS
(Added to NRS by 1967, 1327)
NRS
1. If the convening authority is the Governor, hisaction on the review of any record of trial is final.
2. In all other cases not covered by subsection 1, ifthe sentence of a special court-martial as approved by the convening authorityincludes a bad-conduct discharge, whether or not suspended, the entire recordmust be sent to the appropriate staff judge advocate or legal officer of thestate force concerned to be reviewed in the same manner as a record of trial bygeneral court-martial. The record and the opinion of the staff judge advocateor legal officer must then be sent to the State Judge Advocate for review.
3. All other special and summary court-martial recordsmust be sent to the law specialist or legal officer of the appropriate force ofthe Nevada National Guard and must be acted upon, transmitted and disposed ofas may be prescribed by Office regulations.
4. The State Judge Advocate shall review the record oftrial in each case sent to him for review as provided under subsection 3. Ifthe final action of the court-martial has resulted in an acquittal of allcharges and specifications, the opinion of the State Judge Advocate must belimited to questions of jurisdiction.
5. The State Judge Advocate shall take final action inany case reviewable by him.
6. In a case reviewable by the State Judge Advocateunder this section, the State Judge Advocate may act only with respect to thefindings and sentence as approved by the convening authority. He may affirmonly such findings of guilty, and the sentence or such part or amount of thesentence, as he finds correct in law and fact and determines, on the basis ofthe entire record, should be approved. In considering the record he may weighthe evidence, judge the credibility of witnesses and determine controvertedquestions of fact, recognizing that the trial court saw and heard thewitnesses. If the State Judge Advocate sets aside the findings and sentence, hemay, except where the setting aside is based on lack of sufficient evidence inthe record to support the findings, order a rehearing. If he sets aside thefindings and sentence and does not order a rehearing, he shall order that thecharges be dismissed.
7. In a case reviewable by the State Judge Advocateunder this section, he shall instruct the convening authority to act inaccordance with his decision on the review. If he has ordered a rehearing butthe convening authority finds a rehearing impracticable, he may dismiss thecharges.
8. The State Judge Advocate may order one or moreboards of review each composed of not less than three commissioned officers ofthe Nevada National Guard, each of whom must be a member of the State Bar ofNevada. Each board of review shall review the record of any trial by specialcourt-martial, including a sentence to a bad-conduct discharge, referred to itby the State Judge Advocate. Boards of review have the same authority on reviewas the State Judge Advocate has under this section.
(Added to NRS by 1967, 1328; A 1993, 1612)
NRS
1. A finding or sentence of a court-martial may not beheld incorrect on the ground of an error of law unless the error materiallyprejudices the substantial rights of the accused.
2. Any reviewing authority with the power to approveor affirm a finding of guilty may approve or affirm so much of the finding asincludes a lesser included offense.
(Added to NRS by 1967, 1328)
NRS
1. Upon the final review of a sentence of a generalcourt-martial or of a sentence to a bad-conduct discharge, the accused has theright to be represented by counsel before the reviewing authority, before thestaff judge advocate or legal officer, as the case may be, and before the StateJudge Advocate.
2. Upon the request of an accused entitled to be sorepresented, the State Judge Advocate shall appoint a lawyer who is a member ofthe Nevada National Guard and who has the qualifications prescribed in
3. If provided by him, an accused entitled to be sorepresented may be represented by civilian counsel before the reviewingauthority, before the staff judge advocate or legal officer, as the case maybe, and before the State Judge Advocate.
(Added to NRS by 1967, 1329)
NRS
1. Before the vacation of the suspension of a specialcourt-martial sentence which as approved includes a bad-conduct discharge, orof any general court-martial sentence, the officer having special court-martialjurisdiction over the probationer shall hold a hearing on the alleged violationof probation. The probationer shall be represented at the hearing by counsel ifhe so desires.
2. The record of the hearing and the recommendation ofthe officer having special court-martial jurisdiction shall be sent for actionto the Governor in cases involving a general court-martial sentence and to thecommanding officer of the force of the Nevada National Guard of which theprobationer is a member in all other cases covered by subsection 1. If theGovernor or commanding officer vacates the suspension, any unexecuted part ofthe sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacatedby any authority competent to convene, for the command in which the accused isserving or assigned, a court of the kind that imposed the sentence.
(Added to NRS by 1967, 1329)
NRS
(Added to NRS by 1967, 1329)
NRS
1. A convening authority may remit or suspend any partor amount of the unexecuted part of any sentence, including all uncollectedforfeitures.
2. The Governor may, for good cause, substitute anadministrative form of discharge for a discharge or dismissal executed inaccordance with the sentence of a court-martial.
(Added to NRS by 1967, 1329)
NRS
1. Under Office regulations, all rights, privilegesand property affected by an executed part of a court-martial sentence which hasbeen set aside or disapproved, except an executed dismissal or discharge, mustbe restored unless a new trial or rehearing is ordered and such executed partis included in a sentence imposed upon the new trial or rehearing.
2. If a previously executed sentence of dishonorableor bad-conduct discharge is not imposed on a new trial, the Governor shall substitutetherefor a form of discharge authorized for administrative issuance unless theaccused is to serve out the remainder of his enlistment.
3. If a previously executed sentence of dismissal isnot imposed on a new trial, the Governor shall substitute therefor a form ofdischarge authorized for administrative issue, and the commissioned officerdismissed by that sentence may be reappointed by the Governor alone to suchcommissioned grade and with such rank as in the opinion of the Governor thatformer officer would have attained had he not been dismissed. The reappointmentof such former officer may be made if a position vacancy is available underapplicable tables of organization. All time between the dismissal and thereappointment must be considered as service for all purposes.
(Added to NRS by 1967, 1329; A 1993, 1613)
NRS
(Added to NRS by 1967, 1330)
Punitive Provisions
NRS
(Added to NRS by 1967, 1330)
NRS
1. Commits an offense punishable by this Code, oraids, abets, counsels, commands or procures its commission; or
2. Causes an act to be done which if directlyperformed by him would be punishable by this Code,
is aprincipal.
(Added to NRS by 1967, 1330)
NRS
(Added to NRS by 1967, 1330)
NRS
(Added to NRS by 1967, 1330)
1. An act done with specific intent to commit anoffense under this Code, amounting to more than mere preparation and tendingeven though failing to effect its commission, is an attempt to commit thatoffense.
2. Any person subject to this Code who attempts tocommit any offense punishable by this Code shall be punished as a court-martialmay direct, unless otherwise specifically prescribed.
3. Any person subject to this Code may be convicted ofan attempt to commit an offense although it appears on the trial that theoffense was consummated.
(Added to NRS by 1967, 1330)
NRS
(Added to NRS by 1967, 1330)
1. Any person subject to this Code who solicits oradvises another or others to desert in violation of
2. Any person subject to this Code who solicits oradvises another or others to commit an act of misbehavior before the enemy inviolation of NRS 412.508 or sedition inviolation of NRS 412.496 shall, if theoffense solicited or advised is committed, be punished with the punishmentprovided for the commission of the offense, but if the offense solicited oradvised is not committed he shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS
1. Procures his own enlistment or appointment in theNevada National Guard by knowingly false representation or deliberateconcealment as to his qualifications for that enlistment or appointment andreceives pay or allowances thereunder; or
2. Procures his own separation from the NevadaNational Guard by knowingly false representation or deliberate concealment asto his eligibility for that separation,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS
(Added to NRS by 1967, 1331)
1. Any member of the Nevada National Guard who:
(a) Without authority goes or remains absent from hisunit, organization or place of duty with intent to remain away therefrompermanently;
(b) Quits his unit, organization or place of duty withintent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of theforces of the Nevada National Guard enlists or accepts an appointment in thesame or another one of the forces of the Nevada National Guard, or in one ofthe Armed Forces of the United States, without fully disclosing the fact thathe has not been regularly separated,
is guilty ofdesertion.
2. Any commissioned officer of the Nevada NationalGuard who, after tender of his resignation and before notice of its acceptance,quits his post or proper duties without leave and with intent to remain awaytherefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or attempt todesert shall be punished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS
1. Fails to go to his appointed place of duty at thetime prescribed;
2. Goes from that place; or
3. Absents himself or remains absent from his unit,organization or place of duty at which he is required to be at the timeprescribed,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1331)
NRS
(Added to NRS by 1967, 1332)
NRS
(Added to NRS by 1967, 1332)
NRS
(Added to NRS by 1967, 1332)
NRS
1. Strikes his superior commissioned officer or drawsor lifts up any weapon or offers any violence against him while he is in theexecution of his office; or
2. Willfully disobeys a lawful command of his superiorcommissioned officer,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS
1. Strikes or assaults a warrant officer ornoncommissioned officer while that officer is in the execution of his office;
2. Willfully disobeys the lawful order of a warrantofficer or noncommissioned officer; or
3. Treats with contempt or is disrespectful in languageor deportment toward a warrant officer or noncommissioned officer while thatofficer is in the execution of his office,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS
1. Violates or fails to obey any lawful general orderor regulation;
2. Having knowledge of any other lawful order issuedby a member of the Nevada National Guard, which it is his duty to obey, failsto obey the order; or
3. Is derelict in the performance of his duties,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS
(Added to NRS by 1967, 1332)
NRS
1. Any person subject to this Code who:
(a) With intent to usurp or override lawful militaryauthority refuses, in concert with any other person, to obey orders orotherwise do his duty or creates any violence or disturbance is guilty ofmutiny.
(b) With intent to cause the overthrow or destructionof 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 utmost to prevent and suppress amutiny or sedition being committed in his presence, or fails to take allreasonable means to inform his superior commissioned officer or commandingofficer of a mutiny or sedition which he knows or has reason to believe istaking place, is guilty of a failure to suppress or report a mutiny orsedition.
2. A person who is found guilty of attempted mutiny,mutiny, sedition or failure to suppress or report a mutiny or sedition shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1332)
NRS
(Added to NRS by 1967, 1333)
NRS
(Added to NRS by 1967, 1333)
NRS
(Added to NRS by 1967, 1333)
NRS
1. Is responsible for unnecessary delay in thedisposition of any case of a person accused of an offense under this Code; or
2. Knowingly and intentionally fails to enforce orcomply with any provision of this Code regulating the proceedings before,during or after trial of an accused,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1333)
NRS
1. Runs away;
2. Shamefully abandons, surrenders or delivers up anycommand, unit, place or military property which it is his duty to defend;
3. Through disobedience, neglect or intentionalmisconduct endangers the safety of any such command, unit, place or militaryproperty;
4. Casts away his arms or ammunition;
5. Is guilty of cowardly conduct;
6. Quits his place of duty to plunder or pillage;
7. Causes false alarms in any command, unit or placeunder control of the Armed Forces of the United States or the organizedmilitia;
8. Willfully fails to do his utmost to encounter,engage, capture or destroy any enemy troops, combatants, vessels, aircraft orany other thing, which it is his duty so to encounter, engage, capture ordestroy; or
9. Does not afford all practicable relief andassistance to any troops, combatants, vessels or aircraft of the Armed Forcesbelonging to the United States or their allies, to this state or to any otherstate, when engaged in battle,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1333)
NRS
(Added to NRS by 1967, 1333)
NRS
(Added to NRS by 1967, 1333)
NRS
(Added to NRS by 1967, 1334)
NRS
1. All persons subject to this Code shall secure allpublic property taken from the enemy for the service of the United States, andshall give notice and turn over to the proper authority without delay allcaptured 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 insubsection 1;
(b) Buys, sells, trades or in any way deals in ordisposes of captured or abandoned property, whereby he receives or expects anyprofit, benefit or advantage to himself or another directly or indirectlyconnected with himself; or
(c) Engages in looting or pillaging,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS
1. Aids, or attempts to aid, the enemy with arms,ammunition, supplies, money or other things; or
2. Without proper authority, knowingly harbors orprotects or gives intelligence to, or communicates or corresponds with or holdsany intercourse with the enemy, either directly or indirectly,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS
1. For the purpose of securing favorable treatment byhis captors acts without proper authority in a manner contrary to law, customor regulation, to the detriment of others of whatever nationality held by theenemy as civilian or military prisoners; or
2. While in a position of authority over such personsmaltreats them without justifiable cause,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1334)
NRS
(Added to NRS by 1967, 1334)
NRS
1. Sells or otherwise disposes of;
2. Willfully or through neglect damages, destroys orloses; or
3. Willfully or through neglect suffers to be lost,damaged, destroyed, sold or wrongfully disposed of,
any militaryproperty of the United States or of the State shall be punished as acourt-martial may direct.
(Added to NRS by 1967, 1334)
NRS
(Added to NRS by 1967, 1334)
NRS
1. Any person subject to this Code who willfully andwrongfully hazards or suffers to be hazarded any vessel of the Armed Forces ofthe United States or of the Nevada National Guard shall be punished as acourt-martial may direct.
2. Any person subject to this Code who negligentlyhazards or suffers to be hazarded any vessel of the Armed Forces of the UnitedStates or of the Nevada National Guard shall be punished as a court-martial maydirect.
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
1. Feigns illness, physical disablement, mental lapseor derangement; or
2. Intentionally inflicts self-injury,
shall bepunished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1335)
NRS
1. Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, theState or any officer thereof; or
(b) Presents to any person in the civil or militaryservice 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 anyofficer thereof:
(a) Makes or uses any writing or other paper knowing itto contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing orother paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon anywriting or other paper, or uses any such signature knowing it to be forged orcounterfeited;
3. Who, having charge, possession, custody or controlof any money or other property of the United States or the State, furnished orintended for the Armed Forces of the United States or the Nevada National Guardor any force thereof, knowingly delivers to any person having authority toreceive it any amount thereof less than that for which he receives acertificate or receipt; or
4. Who, being authorized to make or deliver any papercertifying 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 NevadaNational Guard or any force thereof, makes or delivers to any person suchwriting without having full knowledge of the truth of the statements thereincontained and with intent to defraud the United States or the State,
shall uponconviction, be punished as a court-martial may direct.
(Added to NRS by 1967, 1335)
NRS
(Added to NRS by 1967, 1336; A 1975, 800)
NRS
(Added to NRS by 1967, 1336; A 1977, 1635; 1989,1454; 1997, 1615)
Miscellaneous Provisions
1. Courts of inquiry to investigate any matter may beconvened by the governor or by any other person designated by the Governor forthat purpose, whether or not the persons involved have requested such aninquiry.
2. A court of inquiry consists of three or morecommissioned officers. For each court of inquiry the convening authority shallalso appoint counsel for the court.
3. Any person subject to this Code whose conduct issubject to inquiry must be designated as a party. Any person subject to thisCode or employed in the office who has a direct interest in the subject ofinquiry 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 tobe present, to be represented by counsel, to cross-examine witnesses and tointroduce evidence.
4. Members of a court of inquiry may be challenged bya party, but only for cause stated to the court.
5. The members, counsel, the reporter and interpretersof courts of inquiry shall take an oath of affirmation to faithfully performtheir duties.
6. Witnesses may be summoned to appear and testify andbe examined before courts of inquiry, as provided for courts-martial.
7. Court of inquiry shall make findings of fact butmay not express opinions or make recommendations unless required to do so bythe convening authority.
8. Each court of inquiry shall keep a record of itsproceedings, which must be authenticated by the signatures of the president andcounsel for the court and forwarded to the convening authority. If the recordcannot be authenticated by the president, it must be signed by a member in lieuof the president. If the record cannot be authenticated by the counsel for thecourt, it must be signed by a member in lieu of the counsel.
(Added to NRS by 1967, 1336; A 1993, 1613)
NRS
(Added to NRS by 1967, 1337; A 1993, 1614)
NRS
(Added to NRS by 1967, 1337)
NRS
1. Whenever complaint is made to any commandingofficer that willful damage has been done to the property of any person or thathis property has been wrongfully taken by members of the Nevada National Guard,he may, subject to Office regulations, convene a board to investigate thecomplaint. The board must consist of from one to three officers and, for thepurpose of that investigation, it has power to summon witnesses and examinethem upon oath or affirmation, to receive depositions or other documentaryevidence, and to assess the damages sustained against the responsible parties.The assessment of damages made by the board is subject to the approval of thecommanding officer, and in the amount approved by him must be charged againstthe pay of the offenders. The order of the commanding officer directing chargesherein authorized is conclusive, except as provided in subsection 3, on anydisbursing officer for the payment by him to the injured parties of the damagesso assessed and approved.
2. If the offenders cannot be ascertained, but theorganization or detachment to which they belong is known, charges totaling theamount of damages assessed and approved may be paid to the injured parties fromthe military fund of the unit or units of the Nevada National Guard to whichsuch offenders belong.
3. Any person subject to this Code who is accused ofcausing willful damage to property has the right to be represented by counsel,to summon witnesses in his behalf and to cross-examine those appearing againsthim. He has the right to appeal to the next higher commander.
(Added to NRS by 1967, 1337; A 1993, 1614)
NRS
1. In the Nevada National Guard not in federalservice, military courts are empowered to issue all process and mandates,including writs and warrants, necessary and proper to carry into full effectthe powers vested in such courts. Such process and mandates may be directed tothe provost marshal, the sheriff of any county, and the constables and marshalsof any town or city. All officers to whom such process or mandates are directedshall execute the same and make return of their acts thereunder according tothe requirements of the same.
2. The keepers and wardens of all city, county andcity, and county jails shall receive the bodies of persons committed by theprocess or mandate of a military court and confine them in the mannerprescribed by law.
3. Except as otherwise specially provided in thisCode, no fees or charges of any nature shall be demanded or required to be paidby the State, or any military court or member thereof, or by the personexecuting its mandate or process, or by any public officer for receiving,executing or returning any such process or mandate, or for any service inconnection therewith, or for receiving or confining the person in jail orcustody thereunder.
(Added to NRS by 1967, 1338)
NRS
1. For the purpose of collecting fines or penaltiesimposed by a court-martial, the president of any general or special court-martialand the summary court officer of any summary court-martial shall make a list ofall fines and penalties and of the persons against whom they have been imposed,and may thereafter issue a warrant under his hand directed to any sheriff orconstable of the county, commanding him to levy and collect such fines,together with the costs, upon and out of the property of the person againstwhom the fine or penalty was imposed.
2. Such warrant shall be executed and renewed in thesame manner as executions from Justice Courts are executed and renewed.
3. The amount of such a fine may be noted upon anystate roll or account for pay of the delinquent and deducted from any pay orallowance due or thereafter to become due him, until the fine is liquidated.Any sum so deducted shall be turned in to the military court which imposed thefine and shall be paid over by the officer receiving it in like manner asprovided for other fines and moneys collected under a sentence of a summarycourt-martial.
4. All fines collected shall be paid by the officercollecting the same to the commanding officer of the organization of which theperson fined is or was a member and accounted for by the commanding officer inthe same manner as are other state funds.
(Added to NRS by 1967, 1338)
NRS
(Added to NRS by 1967, 1338)
NRS
(Added to NRS by 1967, 1338)
NRS
(Added to NRS by 1967, 1338)
UNLAWFUL ACTS AND PENALTIES
NRS
1. When the Governor or Adjutant General orders thereturn to the State of any arms, equipment, military stores or other militaryproperty belonging to the State, or for which the State is responsible, sucharms and military property shall be delivered immediately to the officerauthorized in the order to receive it, who shall give a receipt for theproperty and describe its condition in the receipt. If the property mentionedin the order is not promptly delivered as directed, the officer named in theorder may take immediate possession of the same in the name of the State.
2. Any person who fails to deliver military propertyas prescribed by subsection 1 or resists any officer in the performance of theduty required of him by subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1967, 1339)
NRS
(Added to NRS by 1967, 1339)
NRS
(Added to NRS by 1967, 1339)
NRS
1. The Nevada National Guard shall be uniformed as theUnited States Army or United States Air Force, respectively, are uniformed,except that the authorized shoulder patch of the Nevada National Guard will beworn on the left shoulder of the outer garment.
2. Whoever, in any place within the jurisdiction ofthis state, without authority, wears the uniform of the Nevada National Guardor a distinctive part thereof or anything similar to a distinctive part thereofis guilty of a misdemeanor.
(Added to NRS by 1967, 1339)
NRS
1. Any person who trespasses upon any armory, arsenal,camp, range, base or other facility of the Nevada National Guard or other placewhere any unit of the Nevada National Guard is performing military duty,including training, or who in any way or manner interrupts or molests thedischarge of military duties by any member of the Nevada National Guard or ofthe Armed Forces of the United States or who trespasses or prevents the passageof troops of the Nevada National Guard or of the Armed Forces of the UnitedStates in the performance of their military duties may:
(a) Be placed in arrest by the commanding officer, orhis designated representative, of the unit performing such military duty at theplace where the offense is committed and may be held in arrest during the continuanceof the performance of such military duty, but not to exceed 12 hours; and
(b) Be subject to arrest and punishment by a court ofcompetent jurisdiction for a breach of the peace.
2. The commanding officer or his designatedrepresentative, of any unit of the Nevada National Guard performing militaryduty in or at any armory, arsenal, camp, range, base or other facility of theNevada National Guard or other place where such unit is performing militaryduty may prohibit persons who hawk, peddle, vend or sell goods, wares,merchandise, food products or beverages upon the streets and highways fromconducting sales or auctions, and may prohibit all gambling within the limitsof such armory, arsenal, camp, range, base or other facility of the Nevada NationalGuard or other place where such unit is performing military duty or within suchlimits not exceeding 1 mile therefrom as he may prescribe. Such commandingofficer may in his discretion abate as common nuisances all such sales,auctions and gambling.
3. Nothing in subsection 2 applies to licensedgambling establishments located within 1 mile of the facilities designated insubsection 2.
4. Any person violating any provision of subsection 2by conducting prohibited sales, auctions or gambling is guilty of amisdemeanor.
(Added to NRS by 1967, 1339)
NRS
(Added to NRS by 1967, 1340)
NRS
1. It is unlawful for any body of persons whatever, otherthan the Nevada National Guard and the troops of the United States, toassociate themselves together as a military company or organization to drill orparade with arms in any city or town of this state, without the license of theGovernor, which license may at any time be revoked.
2. Students in educational institutions where militaryscience is a part of the course of instruction may, with the consent of theGovernor, drill and parade with arms in public under the superintendence oftheir instructor.
3. Nothing contained in this section shall beconstrued so as to prevent members of benevolent or social organizations fromwearing swords.
4. Any person violating any of the provisions of thissection is guilty of a misdemeanor.
(Added to NRS by 1967, 1340; A 1975, 800)
NRS
1. No person, firm, association, corporation or stateor local governmental entity may, by any constitution, rule, bylaw, resolution,vote, regulation, order or other action, discriminate against any member of theNevada National Guard because of his membership therein.
2. Any person who willfully aids in enforcing any suchconstitution, rule, bylaw, resolution, vote, regulation, order or other actionagainst any member of the Nevada National Guard is guilty of a misdemeanor.
(Added to NRS by 1967, 1340; A 1985, 758)
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
