51cc

TABLE OF CONTENTS

 

TITLE 51

MILITARY AFFAIRS

 

PART I.  PRELIMINARY PROVISIONS

 

Chapter 1.  General Provisions

 

§ 101.  Short title of title.

§ 102.  Definitions.

§ 103.  Conformity with Federal legislation.

 

PART II.  PENNSYLVANIA NATIONAL GUARD,

PENNSYLVANIA GUARD AND MILITIA

 

SUBPART A.  ORGANIZATION

 

Chapter 3.  The Militia

 

§ 301.  Formation.

 

Chapter 5.  The Governor as Commander-in-Chief

 

§ 501.  Powers of Governor.

§ 502.  Acceptance of Federal allotment for Pennsylvania National Guard.

§ 503.  Training and Federal property of Pennsylvania National Guard.

§ 504.  Permanent location of Pennsylvania National Guard units.

§ 505.  Change in organization of Pennsylvania National Guard.

§ 506.  Organization of Pennsylvania Guard for emergency.

§ 507.  Draft from militia for emergency.

§ 508.  Active duty for emergency.

§ 509.  Coordination with adjacent states.

§ 510.  Promulgation of regulations and rules.

§ 511.  Issuing flags, standards and guidons.

§ 512.  Display of POW/MIA flag.

 

Chapter 7.  Department of Military Affairs

 

§ 701.  Overall powers of department.

§ 702.  Duties of department.

§ 703.  Administration, supply and supervision of military forces.

§ 704.  Advisory councils for veterans' homes.

§ 705.  Burial details for veterans.

§ 706.  Cooperative agreements.

§ 707.  Training areas.

§ 708.  Fort Indiantown Gap.

§ 709.  Operation of State-owned vehicles.

§ 710.  Pennsylvania Veterans' Memorial Trust Fund.

§ 711.  Installation of police officers for Fort Indiantown Gap and other designated Commonwealth military installations and facilities.

 

Chapter 9.  The Adjutant General

 

§ 901.  Appointment of Adjutant General, deputies and assistants.

§ 902.  General powers and duties of Adjutant General.

§ 903.  Providing subsistence, supplies, equipment and expenses.

§ 904.  Payment of emergency expenses.

§ 905.  Approving appointment of Federal personnel.

§ 906.  Delegating responsibility for requisitioning Federal supplies.

§ 907.  Augmenting department headquarters staff.

§ 908.  Expenditures in connection with distinguished guests.

 

Chapter 11.  Pennsylvania National Guard

 

§ 1101.  Pennsylvania National Guard as organized peacetime force.

§ 1102.  Composition and organization.

§ 1103.  General officers.

§ 1104.  Composition of units.

§ 1105.  Powers of a commanding general.

§ 1106.  Disbandment of units.

§ 1107.  Retention of ancient privileges.

§ 1108.  Administration of oaths and affirmations.

 

Chapter 13.  Pennsylvania Guard

 

§ 1301.  Composition of Pennsylvania Guard.

§ 1302.  Designation and change of location of units.

§ 1303.  General officers of Pennsylvania Guard.

 

Chapter 15.  State Armory Board

 

§ 1501.  Composition and general functions.

§ 1502.  Erection of armories.

§ 1503.  Management of armories.

§ 1504.  Purchase or lease of ground for armories.

§ 1505.  Donation of land by political subdivisions.

§ 1506.  Donation of property and services by political subdivisions.

§ 1507.  Sale of unusable armories and land; sale or lease of timber and mineral rights.

§ 1508.  Payment of armory rentals by Commonwealth.

§ 1509.  Rental of armories.

§ 1510.  Property in armories of units in Federal service.

§ 1511.  State Treasury Armory Fund.

§ 1512.  Maintenance, construction and repairs.

 

Chapter 17.  State Veterans' Commission and Deputy Adjutant General for Veterans' Affairs

 

Subchapter A.  State Veterans' Commission

 

§ 1701.  Definitions.

§ 1702.  State Veterans' Commission.

§ 1703.  General powers and duties.

§ 1704.  Specific powers and duties.

§ 1705.  Veterans' home hall of fame.

 

Subchapter B.  Deputy Adjutant General for Veterans' Affairs

 

§ 1711.  Qualifications and status.

§ 1712.  Specific duties.

 

Subchapter C.  Funds

 

§ 1721.  Veterans' Trust Fund.

 

Subchapter D.  County Directors of Veterans Affairs

 

§ 1731.  Accreditation.

 

Chapter 19.  Pennsylvania Veterans' Memorial Commission

 

§ 1901.  Legislative findings (Expired).

§ 1902.  Definitions (Expired).

§ 1903.  Pennsylvania Veterans' Memorial Commission (Expired).

§ 1904.  Duties of commission (Expired).

§ 1905.  Pennsylvania Veterans' Memorial Trust Fund.

§ 1906.  Expiration.

 

SUBPART B.  OFFICERS AND ENLISTED PERSONNEL

 

Chapter 21.  General Service

 

§ 2101.  Exemption from militia duty.

 

Chapter 23.  Pennsylvania National Guard

 

§ 2301.  Appointment of commissioned officers.

§ 2302.  Appointment of warrant officers.

§ 2303.  Oath of commissioned and warrant officers.

§ 2304.  Compensation of division commander or equivalent.

§ 2305.  Promotion of commissioned and warrant officers.

§ 2306.  Powers of commissioned, warrant and noncommissioned officers.

§ 2307.  Uniforms of commissioned officers.

§ 2308.  Term of commissioned and warrant officers.

§ 2309.  Discharge and removal of commissioned and warrant officers.

§ 2310.  Holding officers as supernumerary pending settlement.

§ 2311.  Enlistment of enlisted personnel.

§ 2312.  Discharge of enlisted personnel.

§ 2313.  Retired Pennsylvania National Guard personnel.

§ 2314.  Status when called into temporary Federal service.

§ 2315.  Status when ordered into active Federal service.

§ 2316.  Transfer of unaccepted personnel to Pennsylvania Guard.

§ 2317.  Temporary commander of unit.

 

Chapter 25.  Pennsylvania Guard

 

§ 2501.  Oath of commissioned officers.

§ 2502.  Physical qualifications of officers and enlisted personnel.

§ 2503.  Enlistment contract and oath.

§ 2504.  Retirement of commissioned officers and enlisted personnel.

 

SUBPART C.  PAY, ALLOWANCES, BENEFITS AND MEDALS

 

Chapter 31.  Pennsylvania National Guard

 

§ 3101.  Pay of officers and enlisted personnel on special duty.

§ 3102.  Pay of officers and enlisted personnel in active State service.

§ 3103.  Transportation and expenses of personnel on special duty.

§ 3104.  Tuition credit (Repealed).

§ 3105.  Association group life insurance for Pennsylvania National Guard.

 

Chapter 32.  Military Educational Programs

 

Subchapter A.  Educational Assistance Program

 

§ 3201.  Definitions.

§ 3202.  Eligibility.

§ 3203.  Certification of eligibility.

§ 3204.  Grants.

§ 3205.  Amount of grants.

§ 3206.  Limitations.

§ 3207.  Recoupment of grant payments.

§ 3208.  Regulations.

§ 3209.  Administration.

§ 3210.  Educational Assistance Program Fund.

 

Subchapter B.  Medical Officer or Health Officer Incentive Program

 

§ 3211.  Definitions.

§ 3212.  Establishment of program.

§ 3213.  Program stipend.

§ 3214.  Additional incentives.

§ 3215.  Promissory note.

§ 3216.  Recoupment of incentive payments.

§ 3217.  Adjustment of stipend amounts.

 

Subchapter C.  Miscellaneous Provisions

 

§ 3221.  Regulations.

§ 3222.  Administration.

 

Chapter 33.  Pennsylvania Guard

 

§ 3301.  Pay and expenses of officers and enlisted personnel.

§ 3302.  Uniforms, arms and equipment.

§ 3303.  Pennsylvania National Guard laws generally to apply.

 

Chapter 35.  Disability Relief and Pensions

 

§ 3501.  Relief for disability incurred in active State service.

§ 3502.  Deceased soldier's dependents' pension.

§ 3503.  Tuition waiver for children and spouses of deceased soldiers.

 

Chapter 37.  Decorations, Medals, Badges and Awards

 

§ 3701.  Authorized decorations, medals, badges and awards.

§ 3702.  Specifications.

§ 3703.  Wearing of military insignia by municipal employees.

§ 3704.  Saving provision.

§ 3705.  Furnishing United States flag for deceased members.

 

SUBPART D.  RIGHTS AND IMMUNITIES

 

Chapter 41.  Rights and Immunities

 

§ 4101.  Equality of treatment and opportunity for members.

§ 4102.  Leaves of absence for certain government employees.

§ 4103.  Exemption of uniforms and equipment.

§ 4104.  Exemption from arrest.

§ 4105.  Exemption from civil process.

§ 4106.  Exemptions from further military service and jury duty.

§ 4107.  Legal aid.

§ 4108.  Liability of Commonwealth for judgments against personnel on State duty.

§ 4109.  Child custody proceedings during military deployment.

§ 4110.  Expedited or electronic hearing.

 

PART III.  INTERSTATE RELATIONS

 

Chapter 45.  Interstate Compact

 

§ 4501.  Interstate compact for mutual military aid.

 

Chapter 47.  Fresh Pursuit by Military Forces

 

§ 4701.  Fresh pursuit by Commonwealth forces.

§ 4702.  Fresh pursuit by forces of other states.

 

PART IV.  MILITARY JUSTICE

 

Chapter 51.  General Provisions

 

§ 5100.  Short title of part (Repealed).

§ 5101.  Short title of part.

§ 5102.  Definitions.

§ 5103.  Persons subject to part.

§ 5104.  Subject matter jurisdiction.

§ 5105.  Jurisdiction to try certain personnel.

§ 5106.  Dismissal of commissioned officer.

§ 5107.  Territorial applicability.

§ 5108.  Judge advocates and legal officers.

 

Chapter 52.  Apprehension and Restraint

 

§ 5201.  Apprehension.

§ 5202.  Apprehension of persons absent without leave.

§ 5203.  Imposition of restraint.

§ 5204.  Restraint of persons charged with offenses.

§ 5205.  Place of confinement.

§ 5206.  Reports and receiving of prisoners.

§ 5207.  Punishment prohibited before trial.

§ 5208.  Delivery of offenders to civil authorities.

§ 5209.  Confinement with enemy prisoners prohibited.

 

Chapter 53.  Nonjudicial Punishment

 

§ 5301.  Commanding officer's nonjudicial punishment.

 

Chapter 54.  Courts-martial Jurisdiction

 

§ 5401.  Courts-martial classified.

§ 5402.  Jurisdiction of courts-martial in general.

§ 5403.  Jurisdiction of general courts-martial.

§ 5404.  Jurisdiction of special courts-martial.

§ 5405.  Jurisdiction of summary courts-martial.

§ 5406.  Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.

§ 5407.  Record of proceedings.

§ 5408.  Confinement instead of fine (Repealed).

 

Chapter 55.  Appointment and Composition of Courts-martial

 

§ 5501.  Who may convene general courts-martial.

§ 5502.  Who may convene special courts-martial.

§ 5503.  Who may convene summary courts-martial.

§ 5504.  Who may serve on courts-martial.

§ 5505.  Military judge of a general or special court-martial.

§ 5506.  Appointment of trial counsel and defense counsel.

§ 5507.  Detail or employment of reporters and interpreters.

§ 5508.  Absent and additional members.

 

Chapter 56.  Pretrial Procedure

 

§ 5601.  Charges and specifications.

§ 5602.  Compulsory self-incrimination prohibited.

§ 5603.  Investigation.

§ 5604.  Forwarding of charges.

§ 5605.  Advice of judge advocate and reference for trial.

§ 5606.  Service of charges.

 

Chapter 57.  Trial Procedure

 

§ 5701.  Governor and department may prescribe rules.

§ 5702.  Unlawfully influencing action of court.

§ 5703.  Duties of trial counsel and defense counsel.

§ 5704.  Sessions.

§ 5705.  Continuances.

§ 5706.  Challenges.

§ 5707.  Oaths or affirmations.

§ 5708.  Statute of limitations.

§ 5709.  Former jeopardy.

§ 5710.  Pleas of the accused.

§ 5711.  Opportunity to obtain witnesses and other evidence.

§ 5712.  Refusal to appear or testify.

§ 5713.  Contempts.

§ 5714.  Depositions.

§ 5715.  Admissibility of records of courts of inquiry.

§ 5716.  Voting and rulings.

§ 5717.  Number of votes required.

§ 5718.  Court to announce action.

§ 5719.  Record of trial.

§ 5720.  Defense of lack of mental responsibility.

§ 5721.  Effect of finding of lack of mental capacity on trial proceedings.

§ 5722.  Trial finding of lack of mental responsibility.

 

Chapter 58.  Sentences

 

§ 5801.  Cruel and unusual punishments prohibited.

§ 5802.  Maximum limits.

§ 5803.  Grading of offenses.

§ 5804.  Effective date of sentences.

§ 5805.  Execution of confinement.

§ 5806.  Deferment of sentences.

§ 5807.  Reduction in enlisted grade.

§ 5808.  Forfeiture of pay and allowances during confinement.

 

Chapter 59.  Posttrial Procedure and Review of Courts-martial

 

§ 5901.  Error of law; lesser included offense.

§ 5902.  Action by convening authority.

§ 5903.  Action on general court-martial records.

§ 5904.  Reconsideration and revision.

§ 5905.  Rehearings.

§ 5906.  Approval by convening authority.

§ 5907.  Disposition of records after review by convening authority.

§ 5908.  Review by State Judge Advocate and Adjutant General.

§ 5909.  Review by a board of review.

§ 5910.  Review by Superior Court.

§ 5911.  Appellate counsel.

§ 5912.  Execution of sentence; suspension of sentence.

§ 5913.  Vacation of suspension.

§ 5914.  Petition for new trial.

§ 5915.  Remission and suspension.

§ 5916.  Restoration.

§ 5917.  Finality of proceedings, findings and sentences.

§ 5918.  Leave pending review of conviction.

§ 5919.  Appeal by the Commonwealth.

 

Chapter 60.  Punitive Sections

 

§ 6001.  Principals.

§ 6002.  Accessory after the fact.

§ 6003.  Conviction of lesser included offense.

§ 6004.  Attempts.

§ 6005.  Conspiracy.

§ 6006.  Solicitation.

§ 6007.  Fraudulent enlistment, appointment or separation.

§ 6008.  Unlawful enlistment, appointment or separation.

§ 6009.  Desertion.

§ 6010.  Absence without leave.

§ 6011.  Missing movement.

§ 6012.  Contempt toward officials.

§ 6013.  Disrespect toward superior commissioned officer.

§ 6014.  Assaulting or willfully disobeying superior commissioned officer.

§ 6015.  Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

§ 6016.  Failure to obey order or regulation.

§ 6017.  Cruelty and maltreatment.

§ 6018.  Mutiny or sedition.

§ 6019.  Resistance, flight, breach of arrest and escape.

§ 6020.  Releasing prisoner without proper authority.

§ 6021.  Unlawful detention of another.

§ 6022.  Noncompliance with procedural rules.

§ 6023.  Misbehavior before enemy.

§ 6024.  Subordinate compelling surrender.

§ 6025.  Improper use of countersign.

§ 6026.  Forcing a safeguard.

§ 6027.  Captured or abandoned property.

§ 6028.  Aiding the enemy.

§ 6029.  Misconduct of prisoner.

§ 6030.  False official statements.

§ 6031.  Loss, damage, destruction or wrongful disposition of military property.

§ 6032.  Waste, spoilage or destruction of nonmilitary property.

§ 6033.  Improper hazarding of vessel.

§ 6034.  Drunken or reckless driving.

§ 6035.  Drunk on duty, sleeping on post and leaving post before relief.

§ 6036.  Dueling.

§ 6037.  Malingering.

§ 6038.  Riot or breach of peace.

§ 6039.  Provoking speeches or gestures.

§ 6040.  Perjury.

§ 6041.  Frauds against government.

§ 6042.  Larceny and wrongful appropriation.

§ 6043.  Assault.

§ 6044.  Conduct unbecoming an officer and a gentleman.

§ 6045.  General article.

§ 6046.  Embezzlement.

§ 6047.  Purchasing and receiving military property in pawn.

§ 6048.  Wrongful use and possession of controlled substances.

 

Chapter 61.  Miscellaneous Provisions

 

§ 6101.  Courts of inquiry.

§ 6102.  Authority to administer oaths and to act as notary.

§ 6103.  Text of part to be available.

§ 6104.  Complaints of wrongs.

§ 6105.  Redress of damages to property.

§ 6106.  Execution of process and sentence.

§ 6107.  Disposition of fines and penalties.

§ 6108.  Liability of public officers for nonexecution of process.

§ 6109.  Compensation of court.

§ 6110.  Immunity for action of military courts.

§ 6111.  Delegation of authority by Governor and Adjutant General.

§ 6112.  Uniformity of interpretation.

§ 6113.  State Military Justice Fund.

 

PART V.  EMPLOYMENT PREFERENCES AND PENSIONS

 

Chapter 71.  Veterans' Preference

 

§ 7101.  Soldier defined.

§ 7102.  Credits in civil service examinations.

§ 7103.  Additional points in grading civil service examinations.

§ 7104.  Preference in appointment or promotion.

§ 7105.  Lack of training, age or physical impairment.

§ 7106.  Preferential rating provision in public works specifications.

§ 7107.  Computation of seniority for reduction in force.

§ 7108.  Preference of spouses.

§ 7109.  Law exclusive.

 

Chapter 73.  Military Leave of Absence

 

§ 7301.  Definitions.

§ 7302.  Granting military leaves of absence.

§ 7303.  Expiration of military leaves of absence.

§ 7304.  Reemployment rights.

§ 7305.  Seniority rights.

§ 7306.  Retirement rights.

§ 7307.  Eligibility.

§ 7308.  Loss of benefits.

§ 7309.  Employment discrimination for military membership or duty.

§ 7310.  Contract by minors for servicemen's readjustment loans.

§ 7311.  Sale of real property for delinquent taxes and municipal claims.

§ 7312.  Stay of eviction or distress during military service.

§ 7313.  Educational leave of absence.

§ 7314.  Stay of proceedings when military service affects conduct thereof.

§ 7315.  Termination of leases and similar obligations by military personnel.

§ 7315.1. Early termination of housing rental agreement by military personnel.

§ 7316.  Maximum rates of interest and scheduling of debts.

§ 7317.  Deferred motor vehicle insurance coverage.

§ 7318.  Unemployment compensation benefits.

§ 7319.  Military family relief assistance.

 

Chapter 75.  Professional and Occupational Licenses

 

§ 7501.  Definition.

§ 7502.  Retention of licenses and certifications of persons entering military service.

§ 7503.  Applicability of chapter (Deleted by amendment).

§ 7503.1. Applicability of chapter.

 

Chapter 77.  Veterans' Pensions and Benefits

 

§ 7701.  Blind veteran's pension.

§ 7702.  Paralyzed veteran's pension.

 

Chapter 79.  Veterans' Litigation Awards

 

§ 7901.  Definitions.

§ 7902.  Veterans' litigation awards.

 

PART VI.  MISCELLANEOUS PROVISIONS

 

Chapter 85.  Veterans' Emergency Assistance

 

§ 8501.  Definitions.

§ 8502.  Purpose.

§ 8503.  Eligibility.

§ 8504.  Amounts of assistance.

§ 8505.  Appeals.

 

Chapter 87.  Educational Gratuity Program

 

§ 8701.  Definitions.

§ 8702.  Educational gratuity payments.

§ 8703.  Eligibility and qualification requirements.

 

Chapter 89.  Disabled Veterans' Real Estate Tax Exemption

 

§ 8901.  Definitions.

§ 8902.  Exemption.

§ 8903.  Duty of board.

§ 8904.  Duty of commission.

§ 8905.  Appeals.

§ 8906.  Limitation on sale of exempt real estate.

 

Chapter 91.  Oaths, Affirmations and Acknowledgments

 

§ 9101.  Acknowledgments and administering oaths without charge.

§ 9102.  Affidavits and acknowledgments by designated officers.

 

Chapter 92.  Certified Copies of Documents

 

§ 9201.  Certified copies of documents furnished without charge.

 

Chapter 93.  Veterans' Organizations

 

§ 9301.  Reports of annual conventions.

§ 9302.  Veterans' associations accompanied by military bands to places of interment or divine services.

§ 9303.  Charitable status of certain veterans' organizations.

§ 9304.  Grants to veterans' service officer programs.

 

Chapter 94.  Missing Persons

 

§ 9401.  Federal findings of death or other status as evidence.

§ 9402.  Federal reports of persons missing in action or interned as evidence.

§ 9403.  Signatures of Federal officers presumed authorized.

 

Chapter 95.  Long-term Care Patient Access to Pharmaceuticals

 

§ 9501.  Scope of chapter.

§ 9502.  Declaration of policy.

§ 9503.  Definitions.

§ 9504.  State Board of Pharmacy.

§ 9505.  Third-party drugs in long-term care facilities.

§ 9506.  Recordkeeping.

§ 9507.  Fee.

§ 9508.  Civil liability and unprofessional conduct.

 

Chapter 96.  Veteran-owned Small Businesses

 

§ 9601.  Definitions.

§ 9602.  Regulations.

§ 9603.  Participation goal.

§ 9604.  Duties of Department of General Services.

§ 9605.  Bonding and progress payments.

§ 9606.  (Reserved).

§ 9607.  Reports.

§ 9608.  Compliance with Federal requirements.

 

Chapter 97.  Heroic Service Website

 

§ 9701.  Responsibilities.

51c101h

 

TITLE 51

MILITARY AFFAIRS

 

Part

I.  Preliminary Provisions

II.  Pennsylvania National Guard, Pennsylvania Guard and Militia

III.  Interstate Relations

IV.  Military Justice

V.  Employment Preferences and Pensions

VI.  Miscellaneous Provisions

 

Enactment.  Unless otherwise noted, the provisions of Title 51 were added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

 

 

PART I

PRELIMINARY PROVISIONS

 

Chapter

1.  General Provisions

 

Enactment.  Part I was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

 

 

CHAPTER 1

GENERAL PROVISIONS

 

Sec.

101.  Short title of title.

102.  Definitions.

103.  Conformity with Federal legislation.

 

Enactment.  Chapter 1 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c101s

§ 101.  Short title of title.

This title shall be known and may be cited as the "Military and Veterans Code."

51c101v

(Apr. 29, 1998, P.L.296, No.49, eff. imd.)

51c102s

§ 102.  Definitions.

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Armory."  Land, buildings and fixtures used for housing elements of the Pennsylvania military forces.

"Department."  The Department of Military and Veterans Affairs of the Commonwealth.

"National Defense Act."  The act of Congress, entitled "An act for making further and more effectual provisions for the National Defense and for other purposes," approved June 3, 1916, its amendments and supplements.

"National Guard of the United States."  The Army National Guard of the United States and the Air National Guard of the United States.

"Officer."  Commissioned or warrant officer.

"Order."  General or special order, oral or written, whether issued pursuant to State or Federal authority.

"Pennsylvania Guard."  Those organized units of the Pennsylvania military forces which are not Federally recognized or which serve under the authority of the Governor when the Pennsylvania National Guard, in whole or in part, is on extended Federal active duty.

"Pennsylvania military forces."  The land, air and sea military units organized for the internal security of this Commonwealth.

"Pennsylvania National Guard."  The Pennsylvania Army National Guard and the Pennsylvania Air National Guard.

51c102v

(Dec. 21, 1995, P.L.737, No.80, eff. imd.)

 

1995 Amendment.  Act 80 amended the def. of "department."

51c103s

§ 103.  Conformity with Federal legislation.

It is the intent of this title that it shall be in conformity with all acts and regulations of the United States affecting the same subjects, and all provisions of this title shall be construed to effectuate this purpose.

51c301h

 

 

PART II

PENNSYLVANIA NATIONAL GUARD, PENNSYLVANIA

GUARD AND MILITIA

 

Subpart

A.  Organization

B.  Officers and Enlisted Personnel

C.  Pay, Allowances, Benefits and Medals

D.  Rights and Immunities

 

Enactment.  Part II was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

 

 

SUBPART A

ORGANIZATION

 

Chapter

3.  The Militia

5.  The Governor as Commander-in-Chief

7.  Department of Military Affairs

9.  The Adjutant General

11.  Pennsylvania National Guard

13.  Pennsylvania Guard

15.  State Armory Board

17.  State Veterans' Commission and Deputy Adjutant General for Veterans' Affairs

19.  Pennsylvania Veterans' Memorial Commission

 

 

CHAPTER 3

THE MILITIA

 

Sec.

301.  Formation.

 

Enactment.  Chapter 3 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c301s

§ 301.  Formation.

(a)  Pennsylvania militia.--The militia of this Commonwealth shall consist of:

(1)  all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and

(2)  such other persons as may, upon their own application, be enlisted or commissioned therein.

(b)  Pennsylvania naval militia.--The naval militia of this Commonwealth, when organized pursuant to rules and regulations promulgated by the Governor, shall consist of those persons as may, upon their own application, be enlisted or commissioned therein.

51c501h

 

 

CHAPTER 5

THE GOVERNOR AS COMMANDER-IN-CHIEF

 

Sec.

501.  Powers of Governor.

502.  Acceptance of Federal allotment for Pennsylvania National Guard.

503.  Training and Federal property of Pennsylvania National Guard.

504.  Permanent location of Pennsylvania National Guard units.

505.  Change in organization of Pennsylvania National Guard.

506.  Organization of Pennsylvania Guard for emergency.

507.  Draft from militia for emergency.

508.  Active duty for emergency.

509.  Coordination with adjacent states.

510.  Promulgation of regulations and rules.

511.  Issuing flags, standards and guidons.

512.  Display of POW/MIA flag.

 

Enactment.  Chapter 5 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c501s

§ 501.  Powers of Governor.

The Governor of this Commonwealth as Commander-in-Chief shall have the powers enumerated hereafter in this title over the Pennsylvania military forces which includes the Pennsylvania National Guard when not absent from this Commonwealth on the call or order of the United States and the Pennsylvania Guard when formed, organized and equipped under order from the Governor in conformity with this title.

51c502s

§ 502.  Acceptance of Federal allotment for Pennsylvania National Guard.

The Governor shall accept for the Commonwealth allotments of military personnel and equipment and their apportionment to the various arms and services proposed by the Department of Defense for the Pennsylvania National Guard as he may, in his discretion, deem proper for the Commonwealth to accept.

51c503s

§ 503.  Training and Federal property of Pennsylvania National Guard.

The Governor shall assume the obligation of carrying out the training requirement set forth under the applicable Federal statutes and regulations for the Pennsylvania National Guard. This training function is hereby delegated and becomes the responsibility of the normal channels of command in the Pennsylvania National Guard. The Governor shall furnish suitable shelter for personnel and suitable storage facilities for Federal property, issued for use of the Pennsylvania National Guard.

51c504s

§ 504.  Permanent location of Pennsylvania National Guard units.

The Governor shall establish the permanent location, within the boundaries of this Commonwealth, of any assigned, authorized organizations or units of the Pennsylvania National Guard allotted to this Commonwealth by the Department of Defense.

51c505s

§ 505.  Change in organization of Pennsylvania National Guard.

The Governor shall organize or reorganize any organization or unit of the Pennsylvania National Guard so as to conform, so far as practicable, to the structure of the armed forces of the United States.

51c506s

§ 506.  Organization of Pennsylvania Guard for emergency.

Whenever the Pennsylvania National Guard, or any part thereof, shall be called or ordered into the service of the United States, the Governor may organize units of the Pennsylvania Guard for the internal security of this Commonwealth. The Governor shall comply with the laws of the United States for the organization, maintenance and functioning of this force. The Governor is further empowered to organize at any time a nucleus of Pennsylvania Guard personnel for the purpose of planning.

51c507s

§ 507.  Draft from militia for emergency.

The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to form, adopt and prescribe such rules and regulations, and appoint such officers and civilian boards and fix their compensation, for the purpose of drafting the militia, when such process may be required, as deemed best and most expedient. Any such rules or regulations shall not conflict with any Federal Selective Service Act or National Draft Act in effect at the time.

51c507v

 

Cross References.  Section 507 is referred to in section 5102 of this title.

51c508s

§ 508.  Active duty for emergency.

(a)  State duty.--The Governor may place the Pennsylvania National Guard, or any part thereof, or when unavailable due to call or order into the service of the United States, the Pennsylvania Guard, or any part thereof, on active duty when an emergency in this Commonwealth occurs or is threatened, or when tumult, riot or disaster shall exist or is imminent.

(b)  Emergency duty under compact.--The Governor may place the Pennsylvania National Guard or any part thereof on State active duty or, when appropriate, federally funded duty under 32 U.S.C. (relating to National Guard) when the Governor of another state has declared an emergency and has requested the assistance of the Pennsylvania National Guard under the provisions of Chapter 45 (relating to interstate compact) or 35 Pa.C.S. Ch. 76 (relating to emergency management assistance compact).

51c508v

(Apr. 12, 2006, P.L.75, No.24, eff. imd.)

 

Cross References.  Section 508 is referred to in sections 3105, 3206, 4102, 5102 of this title; section 501 of Title 18 (Crimes and Offenses).

51c509s

§ 509.  Coordination with adjacent states.

The Governor shall confer with the Governors or proper authorities of adjacent states for the purpose of coordinating and providing for the mutual defense and the internal security and for the exchange of authority to employ the Pennsylvania military forces in other states, and the employment of their armed forces within the boundaries of this Commonwealth. This power may be delegated to the Adjutant General.

51c510s

§ 510.  Promulgation of regulations and rules.

The Governor shall promulgate such rules and regulations as he may deem expedient for the government of the Pennsylvania military forces. The regulations shall conform to this title and other laws of this Commonwealth applicable to said forces and, as nearly as practicable, to those governing similar Federal armed military forces. They shall have the same force and effect as the provisions of this title and other laws affecting these forces.

51c511s

§ 511.  Issuing flags, standards and guidons.

The Governor as Commander-in-Chief is hereby authorized to procure and issue from time to time to the Pennsylvania National Guard and Pennsylvania Guard such flags, standards and guidons as may be necessary, in conformance with applicable Federal and State statutes and regulations.

51c512s

§ 512.  Display of POW/MIA flag.

The POW/MIA flag may be displayed at the western entrance to the Fort Pitt Tunnel in Allegheny County.

51c512v

(Dec. 4, 1992, P.L.771, No.119, eff. imd.)

 

1992 Amendment.  Act 119 added section 512, retroactive to June 30, 1992.

51c701h

 

 

CHAPTER 7

DEPARTMENT OF MILITARY AFFAIRS

 

Sec.

701.  Overall powers of department.

702.  Duties of department.

703.  Administration, supply and supervision of military forces.

704.  Advisory councils for veterans' homes.

705.  Burial details for veterans.

706.  Cooperative agreements.

707.  Training areas.

708.  Fort Indiantown Gap.

709.  Operation of State-owned vehicles.

710.  Pennsylvania Veterans' Memorial Trust Fund.

711.  Installation of police officers for Fort Indiantown Gap and other designated Commonwealth military installations and facilities.

 

Enactment.  Chapter 7 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

Chapter Heading.  The Department of Military Affairs is now the Department of Military and Veterans Affairs.

51c701s

§ 701.  Overall powers of department.

(a)  Powers and duties.--The department shall continue to exercise the powers and perform the duties by law vested in and imposed upon the Adjutant General and the department.

(b)  Designation.--The Department of Military Affairs is designated as the Department of Military and Veterans Affairs. Contracts, deeds and official actions by the department shall not be affected by the use of the designation by the department as the Department of Military Affairs. The department may continue to use the name Department of Military Affairs on stationery or any official documents until existing supplies are exhausted. The department may substitute the title Department of Military and Veterans Affairs for the Department of Military Affairs on its documents and materials on such schedule as it deems appropriate.

51c701v

(Mar. 21, 1996, P.L.39, No.12, eff. imd.)

 

1996 Amendment.  Section 6 of Act 12 provided that the amendment of section 701 shall be retroactive to December 21, 1995. See sections 3 and 4 of Act 12 in the appendix to this title for special provisions relating to use of existing forms, stationery, etc., and continuation of current rules and regulations.

51c702s

§ 702.  Duties of department.

The department shall have the power and its duty shall be:

(1)  To distribute all orders from the Governor as Commander-in-Chief and perform such other duties as the Governor as Commander-in-Chief shall direct.

(2)  To perform such duties and employ the power delegated to the department and the Adjutant General by the laws of the United States and the rules and regulations promulgated thereunder.

(3)  To be an office of permanent record for all personnel papers, documents and forms pertaining to the Pennsylvania National Guard except where the laws of the United States require certain papers, documents or forms to be kept permanently in the National Guard Bureau or other department or section of the Department of the Army, or Department of the Air Force, as the case may be; to be an office of permanent record for personnel papers, documents and forms pertaining to the Pennsylvania Guard.

(4)  To procure from the proper agency of the Department of Defense all authorized equipment, to ensure that such equipment is issued to the Pennsylvania National Guard and to keep all books and records, to account for said property and make those returns and reports concerning it as required by law.

(5)  To keep in its custody all books and accounts of military property of the Commonwealth issued to Pennsylvania military forces and to safely and properly store such property when not issued.

(6)  To pay the troops and make all other disbursements by requisition as otherwise provided by law.

(7)  To supply to all officers, organizations and units, publications of laws, regulations and rules prescribed for use of Pennsylvania military forces.

(8)  With the approval of the Governor as Commander-in-Chief, to sell or exchange, from time to time, such military stores belonging to the Commonwealth as are found to be unserviceable or in state of decay, or which it may be deemed for the best interest of the Commonwealth to sell or exchange, but if the department is unable to obtain a bid for the property, it may be demolished or destroyed. The destruction of the property shall be witnessed by three disinterested officers of the Pennsylvania National Guard or, when organized, Pennsylvania Guard, and their certificate shall constitute proper authority to issue a voucher for marking off the property. All moneys received for stores so sold shall be paid into the State Treasury through the Department of Revenue.

(9)  To audit and adjust all claims incident to the organization, training, discipline, maintenance and service of the Pennsylvania National Guard and Pennsylvania Guard, other than fixed allowances, and to pay such claims when audited and adjusted, but all claims paid thereunder shall be subject to audit by the Department of the Auditor General.

(10)  To appoint a board of not less than three commissioned officers of the Pennsylvania National Guard for the purpose of investigating claims for damages based on injuries to persons, or damages to property, arising out of accident or negligence, and incident to the organization, training, discipline, maintenance and service of the Pennsylvania National Guard and, upon the recommendation of the board so appointed, to adjust and pay such claims for damages. Each claim shall be in an amount not exceeding $2,500. All claims paid hereunder shall be subject to audit by the Department of the Auditor General. No claim shall be paid under the provisions of this paragraph when such claim has arisen from the operation of Commonwealth owned or Federally owned automobiles, when operated by Commonwealth officers or employees or officers and enlisted personnel of the Pennsylvania National Guard.

(11)  To investigate the circumstances and to determine the amount of relief or pension payable as a result of the death or disability of a member of the Pennsylvania National Guard; to establish rules governing the filing of claims for pension or relief and to grant such pension or relief, under the laws of this Commonwealth concerning members of the Pennsylvania National Guard.

(12)  To investigate the circumstances and adjudicate in accordance with Title 2 (relating to administrative law and procedure) complaints of violations of Chapters 41 (relating to rights and immunities) and 73 (relating to military leave of absence), including complaints of employment discrimination against and violation of reemployment rights of members of the National Guard and other reserve components of the armed forces of the United States. The authority granted in this paragraph shall not extend to those circumstances that the Federal Government has jurisdiction to investigate.

51c702v

(Dec. 17, 1990, P.L.700, No.174, eff. imd.)

 

1990 Amendment.  Act 174 added par. (12), retroactive to August 1, 1990.

51c703s

§ 703.  Administration, supply and supervision of military forces.

The department shall be specifically responsible for the administration and supply of the Pennsylvania military forces and shall have general supervisory function of all matters pertaining thereto. The department shall make periodic reports, as required by law or requested by the Governor or the Department of Defense, concerning the condition and state of the readiness of the Pennsylvania military forces.

51c704s

§ 704.  Advisory councils for veterans' homes.

(a)  Establishment of advisory council.--There is hereby established an advisory council for each veterans' home operated by the Commonwealth. Each advisory council shall consist of 15 members and the Adjutant General, who shall serve ex officio. Twelve of the members shall be appointed by the Governor from a list of nominations submitted to the Adjutant General by the Pennsylvania War Veterans' Council. The Speaker of the House of Representatives and the President pro tempore of the Senate shall each appoint one member from their respective bodies to serve on each council. The remaining member on the advisory council shall be selected by the residents of the veterans' homes.

(b)  Term of office and officers.--Each member of the councils appointed from the General Assembly shall serve for the duration of that General Assembly. The eight members appointed by the Governor shall serve a term of three years, provided that the initial eight members selected by the Governor shall serve as follows: three members for one year, three members for two years and two members for three years as designated by the Governor. Each council shall organize as soon as possible and shall annually elect a president, vice president and secretary.

(c)  Removal for cause.--The members appointed by the Governor may be removed by the Governor for cause.

(d)  Quorum and time of meetings.--Six members of a council shall constitute a quorum for the purpose of conducting the business of the council. Each advisory council shall meet at least quarterly and at other times at the call of the president.

(e)  Expenses.--Members of each advisory council shall receive no compensation for their services but shall receive reimbursement for their necessary and proper expenses for attendance at meetings.

(f)  Power and duty of advisory councils.--Each veterans' home advisory council shall advise the Adjutant General as to the management, operation and the adequacy of facilities and services at their respective homes.

51c704v

(Nov. 26, 1978, P.L.1207, No.283, eff. imd.; Oct. 16, 1998, P.L.780, No.96, eff. 60 days)

 

1998 Amendment.  Act 96 amended subsec. (a).

1978 Amendment.  Act 283 added section 704.

51c705s

§ 705.  Burial details for veterans.

(a)  Authority.--The department shall have the power to arrange for burial details for veteran soldiers who are to be interred at any of the following national cemeteries:

(1)  Indiantown Gap National Cemetery.

(2)  National Cemetery of the Alleghenies.

(3)  Washington Crossing National Cemetery.

(b)  Contracts.--The department may enter into contracts with a Statewide nonprofit fraternal society that represents various veterans' groups for the purpose of providing the burial details authorized by this section. In any such contract the department shall pay an amount not exceeding $150 for each day that the burial detail is provided, and no other expenses shall be paid by the department under the contract.

(c)  Terms.--Any burial detail contract entered into under this section shall include the following terms:

(1)  A minimum of three veterans shall participate in the burial detail.

(2)  The veterans shall be similarly uniformed and equipped.

(3)  A bugler shall perform taps or a recording of taps may be played over the tape recording system of the cemetery.

(4)  The party under the contract shall indemnify and hold harmless the department and the Commonwealth from any claims arising out of the performance of the burial details.

(d)  Insurance.--Any veterans organization, the members of which perform a burial detail pursuant to this section, shall provide liability insurance for the burial details in such amount as prescribed by the department.

(e)  Regulations.--The department shall promulgate the rules and regulations necessary to carry out this section.

51c705v

(May 7, 1998, P.L.355, No.56, eff. July 1, 1998; Sept. 25, 2008, P.L.1068, No.85, eff. imd.; July 7, 2011, P.L.217, No.38, eff. 60 days)

 

2011 Amendment.  Act 38 amended subsec. (a).

1998 Amendment.  Act 56 added section 705.

51c706s

§ 706.  Cooperative agreements.

The department may enter into cooperative agreements with the Federal Government to perform certain military or training functions. A cooperative agreement shall contain any appendixes and supplements necessary to allow for the performance of those functions and reimbursement by the Federal Government.

51c706v

(May 7, 1998, P.L.355, No.56, eff. July 1, 1998)

 

1998 Amendment.  Act 56 added section 706.

51c707s

§ 707.  Training areas.

(a)  Acquisition.--Upon the request of the Adjutant General and with the approval of the Governor, the Secretary of General Services is authorized to purchase, lease or obtain the right to use any real estate or building necessary for military training or preparedness of the Pennsylvania National Guard.

(b)  Primary training site.--Fort Indiantown Gap shall be the primary training site for the Pennsylvania National Guard.

(c)  Alternate training sites.--All State armories, real estate and buildings purchased, leased or utilized for stationing, quartering, training or deploying members of the Pennsylvania National Guard are alternate training areas for use by the Pennsylvania National Guard.

(d)  Short-term uses of real property.--The Adjutant General is authorized to enter into agreements for the short-term use of real property on behalf of the Commonwealth for the purpose of obtaining areas for military training or emergency operations. For the purpose of this section, short-term use shall not exceed 30 days.

51c707v

(May 7, 1998, P.L.355, No.56, eff. July 1, 1998)

 

1998 Amendment.  Act 56 added section 707.

51c708s

§ 708.  Fort Indiantown Gap.

(a)  Operation.--The Adjutant General is authorized to promulgate rules, regulations and policies for the continuing operation of Fort Indiantown Gap.

(b)  Lease of installation.--The Adjutant General is authorized to enter into agreements with the Federal Government and state governments for the purpose of permitting soldiers under their command to use the real estate and equipment at Fort Indiantown Gap for military training purposes.

(c)  Real estate.--Upon the request of the Adjutant General and with the approval of the Governor, the Secretary of General Services is authorized to purchase lands adjacent to Fort Indiantown Gap and to accept on behalf of the department and the Commonwealth any improvements or appurtenances to the lands comprising the installation.

(d)  Morale, recreation and welfare.--The Adjutant General is authorized to operate facilities and organize activities and programs at Fort Indiantown Gap for the purpose of improving the morale, welfare and quality of life of service members, military dependents and veterans. The Adjutant General is also authorized to enter into concession agreements with private organizations for the continued operation of a canteen, exchange, commissary, restaurant or other enterprise which will improve the morale or welfare of active, retired or reserve members. These operations, facilities, activities and programs must be financially self-sustaining, and any income, including fees and charges, derived from the concession agreements and the operation of the facilities, activities and programs shall be deposited by the Adjutant General with a bank or trust company. Moneys in the account may only be used for the continued operation of the facilities, activities or programs at Fort Indiantown Gap. Any Federal funds specifically designated to assist the Adjutant General in implementing this subsection are hereby appropriated to the department for these purposes. No General Fund moneys or other State funds shall be used for the purposes authorized under this subsection. An audit of all accounts under this subsection must be conducted annually on the State fiscal year basis, and the department shall provide a copy of the audit to the Secretary of the Budget.

(e)  Offense.--A person who violates a rule or regulation promulgated under this section and designated by the Adjutant General as being for the protection of persons or property at Fort Indiantown Gap commits a summary offense.

51c708v

(May 7, 1998, P.L.355, No.56, eff. July 1, 1998; Oct. 27, 2010, P.L.872, No.89, eff. 60 days)

 

2010 Amendment.  Act 89 added subsec. (e).

1998 Amendment.  Act 56 added section 708.

51c709s

§ 709.  Operation of State-owned vehicles.

The department shall have the authority to order members of the Pennsylvania National Guard to operate State-owned vehicles for the purpose of providing security to military facilities and other facilities within this Commonwealth.

51c709v

(Dec. 9, 2002, P.L.1649, No.210, eff. imd.)

 

2002 Amendment.  Act 210 added section 709.

51c710s

§ 710.  Pennsylvania Veterans' Memorial Trust Fund.

(a)  Administration.--The separate fund in the State Treasury known as the Pennsylvania Veterans' Memorial Trust Fund shall be administered by the State Veterans' Commission, and all moneys in the fund are appropriated to the State Veterans' Commission on a continuing basis.

(b)  Purpose.--The moneys in the fund shall be used for the operation and maintenance of the Pennsylvania Veterans' Memorial on the grounds of the Indiantown Gap National Cemetery and other costs incidental thereto as approved by the department. Moneys in the fund may be used to pay any construction costs which have not been paid on the effective date of this section.

(c)  Contributions and solicitation of funds.--

(1)  The State Veterans' Commission is authorized:

(i)  To accept, on behalf of the Commonwealth, gifts, donations, legacies and usages of money from individuals, organizations, public or private corporations and other similar entities.

(ii)  To solicit and raise moneys from public and private sources.

(2)  All money received or raised under this subsection shall be paid into the State Treasury and credited to the fund.

51c710v

(June 30, 2003, P.L.16, No.8, eff. June 30, 2005)

 

2003 Amendment.  Act 8 added section 710.

51c711s

§ 711.  Installation of police officers for Fort Indiantown Gap and other designated Commonwealth military installations and facilities.

(a)  Appointment.--The Adjutant General may issue commissions to Commonwealth employees of the Department of Military and Veterans Affairs to act as installation police officers at Fort Indiantown Gap and other Commonwealth military installations and facilities designated by the Adjutant General.

(b)  Training.--Any employee commissioned under this section shall, prior to exercising the powers and duties described in this section, have successfully completed a course of training approved under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training). Installation police will, during the course of their employment, undertake and complete such periodic training as is required under 53 Pa.C.S. Ch. 21 Subch. D.

(c)  Powers and duties.--Subject to such administrative limitations or restrictions as the Adjutant General may prescribe, installation police employed under this section shall have the power and duty to:

(1)  enforce good order on the grounds and in the buildings of Fort Indiantown Gap or other designated military installation or facility;

(2)  protect the grounds and buildings of Fort Indiantown Gap or other designated military installation or facility;

(3)  exclude disorderly persons from the grounds and buildings of Fort Indiantown Gap or other designated military installation or facility;

(4)  adopt whatever means necessary for the performance of their duties;

(5)  exercise the same powers as are now or may hereafter be exercised under authority of law or ordinance by the police officers of municipalities within this Commonwealth, including, but not limited to, those powers conferred pursuant to 42 Pa.C.S. Ch. 89. Subch. D (relating to municipal police jurisdiction);

(6)  prevent crime, investigate criminal acts, apprehend, arrest and charge criminal offenders and issue summary citations for offenses committed on the grounds and in the buildings at Fort Indiantown Gap or other designated military installation or facility and prefer charges against offenders under the laws and procedures of this Commonwealth. For the purposes of applying the provisions of 42 Pa.C.S. Ch. 89 Subch. D, the grounds and within 500 yards of the boundary of Fort Indiantown Gap or other designated military installation or facility shall constitute the primary jurisdiction of the installation police;

(7)  order off the grounds and out of the buildings of Fort Indiantown Gap or other designated military installation or facility all vagrants, loafers, trespassers and persons under the influence of liquor and, if necessary, remove them by force and, in case of resistance, arrest such offender in accordance with the laws and procedures of this Commonwealth; and

(8)  arrest any person who damages, mutilates or destroys the trees, plants, shrubbery, turf, grass plots, benches, buildings and structures or commits any other offense on the grounds and in the buildings of Fort Indiantown Gap or other designated military installation or facility and prefer charges against such offender under the laws and procedures of this Commonwealth.

(d)  Municipal agreements.--The Adjutant General and municipalities where Fort Indiantown Gap and other designated military installations or facilities are located are authorized to enter into agreements for the concurrent exercise of those powers and duties conferred pursuant to a cooperative police service agreement in accordance with 42 Pa.C.S. § 8953 (relating to Statewide municipal police jurisdiction). When so acting, the installation police shall have the same powers and immunities granted to police officers in 42 Pa.C.S. Ch. 89 Subch. D.

(e)  Status.--When acting within the scope of the authority of this section, installation police are at all times employees of the Commonwealth and shall be entitled to all of the rights and benefits accruing therefrom. Installation police commissioned under this section are "peace officers" for the purposes of 18 Pa.C.S. Ch. 5 (relating to general principles of justification). This section does not change the status of installation police officers for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause installation police officers to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act.

51c711v

(Oct. 27, 2010, P.L.872, No.89, eff. 60 days)

 

2010 Amendment.  Act 89 added section 711.

51c901h

 

 

CHAPTER 9

THE ADJUTANT GENERAL

 

Sec.

901.  Appointment of Adjutant General, deputies and assistants.

902.  General powers and duties of Adjutant General.

903.  Providing subsistence, supplies, equipment and expenses.

904.  Payment of emergency expenses.

905.  Approving appointment of Federal personnel.

906.  Delegating responsibility for requisitioning Federal supplies.

907.  Augmenting department headquarters staff.

908.  Expenditures in connection with distinguished guests.

 

Enactment.  Chapter 9 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c901s

 

§ 901.  Appointment of Adjutant General, deputies and assistants.

(a)  Appointment.--The Governor shall appoint the Adjutant General with the advice and consent of the Senate. The Adjutant General may appoint a Deputy Adjutant General for Army and a Deputy Adjutant General for Air, and such other Deputy Adjutants General and Assistant Adjutants General as in his discretion are needed for the efficient functioning of the department. The positions of Assistant Adjutant General, Army, and Assistant Adjutant General, Air, in the grades of brigadier general or major general, shall be authorized. Deputy Adjutants General and such additional Assistant Adjutants General as may be required may also have at least the rank of brigadier general in the Pennsylvania National Guard or Pennsylvania Guard after appointment.

(b)  Qualifications.--No Adjutant General, Deputy Adjutant General or Assistant Adjutant General shall be appointed who shall not have served at least ten years as a commissioned officer in the Pennsylvania National Guard, or any of the armed forces of the United States or their reserve components; the aforesaid service may be cumulative.

51c901v

(Dec. 4, 1996, P.L.849, No.139, eff. imd.)

 

1996 Amendment.  Act 139 amended subsec. (a). Section 2 of Act 139 provided that Act 139 shall apply to all pay periods beginning after the effective date of Act 139.

51c902s

§ 902.  General powers and duties of Adjutant General.

The Adjutant General as head of the department is responsible to the Commonwealth and to the Governor for the organization and functioning of said department, and the performance and carrying out of all the duties, powers and responsibilities given or delegated. In addition he is hereby authorized and directed to:

(1)  Maintain an office through which correspondence on military affairs between the Commonwealth and the Federal Government will be conducted, including that pertaining to funds and property issued by the Federal Government for organization and training of the Pennsylvania military forces.

(2)  Maintain all military records until transferred to the Pennsylvania archives or, where so directed, to the proper Federal department.

(3)  Maintain historical outlines and permanent historical records of organizations of the Pennsylvania military forces.

(4)  Maintain armories, arsenals, military reservations, air bases and all property and equipment intended for the use and training of the Pennsylvania military forces.

(5)  Obtain and issue medals in accordance with regulations promulgated under this title.

(6)  Prepare all citations, when required, and make arrangements for the proper presentation of the decoration, medal or award.

(7)  Convene boards of officers to consider and make recommendations upon such matters as may be referred to them.

(8)  Maintain a list of active and retired members of the Pennsylvania National Guard with name, rank, organization, date of appointment, date of retirement and residence.

(9)  Execute and enforce the policies of the Commonwealth relative to the Pennsylvania military forces.

(10)  Make such bylaws, rules and regulations for the management, general direction and control of the property of the Pennsylvania Soldiers' and Sailors' Home or homes wherever situate.

(11)  Coordinate with other Commonwealth agencies and departments, and the respective agencies of the Federal Government, all matters relating to veterans' affairs within this Commonwealth.

(12)  Appoint a Deputy Adjutant General for Veterans' Affairs, who shall serve as the Director of the Bureau for Veterans' Affairs.

(13)  Approve issuance of a policy or policies of group life insurance to an association or associations to cover members of the Pennsylvania National Guard.

(14)  Authorize the admittance of any member of a group which has been granted veterans status by the Secretary of Defense and any spouse of a member to State veterans' homes, using admission criteria and procedures as established by the department by regulation.

51c902v

(Dec. 17, 1990, P.L.700, No.174, eff. imd.; Apr. 29, 1998, P.L.296, No.49, eff. imd.; May 15, 1998, P.L.443, No.59, eff. imd.)

 

1998 Amendments.  Act 49 amended par. (12) and Act 59 amended the entire section. Act 59 overlooked the amendment by Act 49, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 902.

51c903s

§ 903.  Providing subsistence, supplies, equipment and expenses.

The necessary subsistence, supplies, equipment and expenses incident to any active State service, including the transportation of troops, may be contracted for under direction of the Governor as Commander-in-Chief, by the Adjutant General or any other officer designated for that purpose, to be paid for as otherwise provided by law, except when such active service is under the orders of the Department of Defense when subsistence, supplies, equipment and other expenses incident to any active State service, including transportation, is furnished by the Federal Government.

51c904s

§ 904.  Payment of emergency expenses.

When the Pennsylvania National Guard, or any portion thereof, is ordered on active State duty by the Governor as Commander-in-Chief for the internal security of this Commonwealth or in case of disaster within this Commonwealth, the payment of the troops and all other expenses incident to such services will be made by the Adjutant General from funds obtained in the manner provided by law. If the Pennsylvania National Guard, or any portion thereof, shall be called into the active service of the United States by the President, all necessary expenses incident to the mobilization under such call shall be paid by the Adjutant General from funds as authorized by the Federal Government. The necessary transportation, supplies, equipment and necessary expenses incident to such Federal active duty within this Commonwealth or mobilization under the call of the President may be contracted for under direction of the Governor by the Adjutant General or other officer or officers designated for that purpose. The same shall be paid for by the Adjutant General from funds obtained as provided by law, except when such expenses are paid by the Federal Government.

51c905s

§ 905.  Approving appointment of Federal personnel.

The Adjutant General shall approve all appointments of personnel authorized by the laws of the United States to care for Federal property and assist in the administration of the Pennsylvania National Guard. The appointment of personnel will not be made without meeting all the requirements and qualifications imposed by existing laws and regulations.

51c906s

§ 906.  Delegating responsibility for requisitioning Federal supplies.

The responsibility of requisitioning, procurement, storage and issue of Federal property, arms and equipment for use of the Pennsylvania National Guard may be delegated to the duly appointed United States Property and Fiscal Officers and the duly appointed Assistant United States Property and Fiscal Officers for Air.

51c907s

§ 907.  Augmenting department headquarters staff.

(a)  General rule.--With the approval of the Governor, the Adjutant General may augment the department headquarters with qualified personnel in the following categories:

Retired Pennsylvania National Guard.

Inactive Pennsylvania National Guard.

Pennsylvania Guard.

Retired Personnel, any Federal armed service.

(b)  Status of appointed personnel.--Personnel so appointed shall be assigned by the Governor and shall have all the rights, privileges and responsibilities under this title granted military personnel, and will take rank according to date of commission. Officers, warrant officers and enlisted personnel thus appointed will not be entitled to pay and allowances for drill or instruction periods but will be entitled to regular expenses as authorized when performing official duties away from home stations unless otherwise prohibited by the Constitution of Pennsylvania.

(c)  Absence of headquarters staff.--During the absence of the Federally recognized Headquarters and Headquarters Detachment of the Pennsylvania National Guard under call or order in the service of the United States, the Adjutant General is authorized to form a State Staff and Detachment of the Pennsylvania Guard to carry out the duties and responsibilities of the department in connection with the military forces of this Commonwealth.

51c908s

§ 908.  Expenditures in connection with distinguished guests.

The Adjutant General is authorized to expend, not to exceed $10,000 annually, for the carrying out of his functions under this title for the entertainment of distinguished guests on official business. Payment shall be made by the State Treasurer in the normal manner upon submission of proper voucher by the Adjutant General.

51c1101h

 

 

CHAPTER 11

PENNSYLVANIA NATIONAL GUARD

 

Sec.

1101.  Pennsylvania National Guard as organized peacetime force.

1102.  Composition and organization.

1103.  General officers.

1104.  Composition of units.

1105.  Powers of a commanding general.

1106.  Disbandment of units.

1107.  Retention of ancient privileges.

1108.  Administration of oaths and affirmations.

 

Enactment.  Chapter 11 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c1101s

§ 1101.  Pennsylvania National Guard as organized peacetime force.

The organized armed forces of this Commonwealth during time of peace shall be and constitute the Pennsylvania National Guard and shall be subject at all times to the orders of the officers thereof. Nothing in this chapter shall be construed to prevent the Governor as Commander-in-Chief, at his discretion, to form cadres of authorized war time organizations for the purpose of preplanning.

51c1102s

§ 1102.  Composition and organization.

The Pennsylvania National Guard shall consist of such personnel as may, under the act of Congress, be prescribed by the President of the United States as the portion of the National Guard of the United States apportioned and assigned to this Commonwealth. The personnel of the Pennsylvania National Guard shall be organized according to the directives of the Department of the Army and the Department of the Air Force.

51c1103s

§ 1103.  General officers.

(a)  General rule.--Persons commissioned to and holding in the Pennsylvania National Guard the rank of general officer shall be known as general officers of the line. The number of general officers of the line of the Pennsylvania National Guard shall conform with the number of such officers allocated to this Commonwealth as authorized by the unit manning documents promulgated in conformity with the National Defense Act. General officers shall be appointed by the Governor with the consent of the Senate.

(b)  Qualifications.--Each person appointed as a general officer of the line shall have the qualifications for promotion to general officer rank established by the Department of Defense.

51c1104s

§ 1104.  Composition of units.

The composition of all units of the Pennsylvania National Guard, including the commissioned and enlisted personnel thereof other than those specifically provided for in this chapter, shall be fixed from time to time by the Governor and announced in orders, and shall, as far as practicable, be in accordance and in compliance with such regulations as may be promulgated by the Secretary of the Army and Secretary of the Air Force for the composition of the National Guard. Every such order shall have the same force and effect as if specifically enacted and provided for by statute.

51c1105s

§ 1105.  Powers of a commanding general.

A general officer of the Pennsylvania National Guard commanding a division or non-divisional organizations and units equivalent to a division shall have all the power and authority of a major general under the rules and regulations prescribed, or hereafter to be prescribed, for the government of the armed forces of the United States, subject to the orders and direction of the Governor as Commander-in-Chief. A division commander or commanding general of a non-divisional unit shall be responsible for the training, discipline, administration and efficiency of the division or non-division troops under his command and of any troops attached thereto. He shall be responsible for making recommendations to the Adjutant General concerning appointment and promotion of officers, and shall cause such inspections, investigations and reports to be made for the troops under his command as may be required by higher authority. He shall appoint such boards and courts-martial as may be required and authorized. This section shall also apply to general officers of the Pennsylvania Guard when organized.

51c1106s

§ 1106.  Disbandment of units.

If it appears to the Governor as Commander-in-Chief that a unit of the Pennsylvania National Guard cannot discharge the duties required of it, such unit may be disbanded by the Governor, if in his judgment the interests of the service justify it, subject to the restrictions of the National Defense Act.

51c1107s

§ 1107.  Retention of ancient privileges.

Any unit of artillery, cavalry or infantry existing in this Commonwealth on the passage of the act of Congress of May 8, 1792, which by the laws, customs or usages of this Commonwealth has been in continuous existence since the passage of said act shall be allowed to retain its ancient privileges, subject, nevertheless, to all duties required by this title. Said organizations may be a part of the Pennsylvania National Guard and entitled to all the privileges thereof and shall conform in all respects, except as to cornets, to the organization, discipline and training of the National Guard in time of war. For the purpose of training and when on active duty in the service of the United States, they may be assigned to higher units, as the Governor may direct, and shall be subject to the orders of officers under whom they shall be serving.

51c1108s

§ 1108.  Administration of oaths and affirmations.

(a)  General rule.--General officers, field grade officers, adjutants, administrative officers (Air Force), summary courts and judge advocates are hereby authorized and empowered to administer oaths and affirmations in all matters pertaining to and concerning the Pennsylvania National Guard, and all commissioned officers are authorized and empowered to administer oaths and affirmations in the enlistment of personnel for the Pennsylvania National Guard.

(b)  Penalty for false oath.--Any person who shall falsely swear or affirm to any oath or affirmation before any such officer shall be guilty of a misdemeanor of the third degree.

51c1301h

 

 

CHAPTER 13

PENNSYLVANIA GUARD

 

Sec.

1301.  Composition of Pennsylvania Guard.

1302.  Designation and change of location of units.

1303.  General officers of Pennsylvania Guard.

 

Enactment.  Chapter 13 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c1301s

§ 1301.  Composition of Pennsylvania Guard.

The Pennsylvania Guard shall consist of such units as may be prescribed by the Governor.

51c1302s

§ 1302.  Designation and change of location of units.

The Governor shall designate the location of the several organizations and units and may change the same at his discretion. Organizations and units shall be located wherever practicable in armories owned by the Commonwealth.

51c1303s

§ 1303.  General officers of Pennsylvania Guard.

(a)  General rule.--Persons commissioned to and holding in the Pennsylvania Guard the rank of general officer shall be known as general officers of the Pennsylvania Guard. The number of general officers shall be determined by the Governor. General officers shall be appointed by the Governor with the consent of the Senate unless previously confirmed as a general officer by the Senate.

(b)  Qualifications.--Any person appointed a general officer of the Pennsylvania Guard shall have served at least ten years as a commissioned officer in either the Pennsylvania National Guard, Pennsylvania Guard or any of the armed forces of the United States or their reserve components, which service may be cumulative.

51c1501h

 

 

CHAPTER 15

STATE ARMORY BOARD

 

Sec.

1501.  Composition and general functions.

1502.  Erection of armories.

1503.  Management of armories.

1504.  Purchase or lease of ground for armories.

1505.  Donation of land by political subdivisions.

1506.  Donation of property and services by political subdivisions.

1507.  Sale of unusable armories and land; sale or lease of timber and mineral rights.

1508.  Payment of armory rentals by Commonwealth.

1509.  Rental of armories.

1510.  Property in armories of units in Federal service.

1511.  State Treasury Armory Fund.

1512.  Maintenance, construction and repairs.

 

Enactment.  Chapter 15 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c1501s

§ 1501.  Composition and general functions.

The State Armory Board shall consist of the Adjutant General, who shall act as chairman, and eight members appointed by the Adjutant General. Three of the members of the State Armory Board appointed by the Adjutant General shall be members of the Pennsylvania National Guard. The State Armory Board shall exercise the powers, duties and provisions of this chapter. The board shall appoint a secretary who need not be a member of the board. It shall provide, equip, maintain, manage and regulate armories for the use of the Pennsylvania military forces. It may, with the approval of the Governor, accept gifts of land, with or without buildings thereon, to be used for military purposes. The title to all such land shall be taken in the name of the Commonwealth. It may also employ funds appropriated to it to purchase, for armory purposes, any suitable buildings or sites.

51c1501v

(June 19, 2002, P.L.433, No.63, eff. 60 days)

51c1502s

§ 1502.  Erection of armories.

The Armory Board is hereby empowered and directed to erect or provide anywhere within the limits of this Commonwealth, upon such terms and conditions as shall be decided upon by said Armory Board, armories for the use of the Pennsylvania National Guard. These armories shall be used for training assemblies, meetings and rendezvous purposes by the organizations of the Pennsylvania National Guard and, when organized, the Pennsylvania Guard.

51c1503s

§ 1503.  Management of armories.

The Armory Board shall constitute a board for the general management and care of said armories, when established, and shall have the power to adopt and prescribe rules and regulations for their management and government, and formulate such rules for the guidance of the organization occupying them as may be necessary and desirable.

51c1504s

§ 1504.  Purchase or lease of ground for armories.

The Armory Board shall have full authority to purchase or lease ground in the various localities throughout this Commonwealth where it shall be deemed necessary to provide armories. The ground in each instance shall be purchased or leased in the name and for the use of the Commonwealth of Pennsylvania, and upon the ground so purchased or leased, the Armory Board is authorized and directed to erect an armory or use said land for the benefit of the Pennsylvania military forces. When such armory or armories are erected or provided, the said Armory Board shall have charge thereof and arrange for its occupancy and use, under the direction and responsibility of the senior officer in command of the using unit or organization.

51c1505s

§ 1505.  Donation of land by political subdivisions.

It shall be lawful for any county, city, borough, town or township to acquire by purchase or by gift, or by the right of eminent domain, any land for the use of the Pennsylvania National Guard, and to convey such lands so acquired to the Commonwealth of Pennsylvania. The proceedings for the condemnation of lands under the provisions of this chapter and for the assessment of damages for the property taken, injured or destroyed shall be taken in the same manner as is now provided by 26 Pa.C.S. (relating to eminent domain).

51c1505v

(May 4, 2006, P.L.112, No.34, eff. 120 days)

 

2006 Amendment.  Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6.

51c1506s

§ 1506.  Donation of property and services by political subdivisions.

(a)  General rule.--Any political subdivision of this Commonwealth is hereby authorized and empowered, either independently or in connection with any other political subdivision of this Commonwealth, to provide and appropriate moneys or convey land to the Commonwealth of Pennsylvania to assist the Armory Board in the erection of armories for the use of the Pennsylvania National Guard. Any political subdivision may furnish water, light or fuel, either or all, free of cost to the Commonwealth of Pennsylvania, for use in any armory of the Pennsylvania National Guard, and to do all things necessary to accomplish the purpose of this chapter.

(b)  Authority of government units.--The Armory Board shall have power to receive from any political subdivisions or other sources, donations of land, or contributions of money, to aid in providing or erecting armories throughout this Commonwealth for the use of the Pennsylvania National Guard and which shall be held as other property for the use of the Commonwealth of Pennsylvania. Such political subdivisions are hereby authorized to make such donations or contributions for the purpose of this chapter.

51c1507s

§ 1507.  Sale of unusable armories and land; sale or lease of timber and mineral rights.

(a)  General rule.--

(1)  Whenever, in the opinion of the Armory Board, any armory building, armory site, or other real estate owned by the Commonwealth is no longer suitable for military services due to change in population or to the needs of the military service, the board may sell the property in accordance with law.

(2)  Whenever, in the opinion of the Armory Board, timber or other mineral rights at Fort Indiantown Gap, any State armory or any other military lands or facilities may be sold or leased without disruption of the usual military purposes of the property and without undue adverse impact upon the local environment, the board may sell or lease the rights in accordance with law.

(b)  Disposition of proceeds.--All money derived from sale of property under subsection (a)(1) or from sale or lease of rights under subsection (a)(2) shall be paid into the State Treasury Armory Fund.

51c1507v

(July 11, 1990, P.L.430, No.104, eff. imd.; June 15, 1994, P.L.277, No.47, eff. 60 days)

51c1508s

§ 1508.  Payment of armory rentals by Commonwealth.

The annual rental of all armories and buildings not owned by the Commonwealth and occupied by any organization, shall be paid by the State Treasurer in the manner provided by law. All payments for light, heat, water and janitor services in rented armories and buildings shall be made by the Department of Military Affairs upon properly itemized vouchers, except where such services are furnished by the landlord under the rental contract.

51c1508v

 

References in Text.  The Department of Military Affairs, referred to in this section, is now the Department of Military and Veterans Affairs.

51c1509s

§ 1509.  Rental of armories.

The State Armory Board may issue such rules and regulations for the rental of armories for non-military purposes to responsible persons or organizations at scheduled rates approved by the State Armory Board. Notwithstanding any other provision of law, said rentals shall be payable to the State Treasury Armory Fund.

51c1509v

(July 11, 1990, P.L.430, No.104, eff. imd.)

51c1510s

§ 1510.  Property in armories of units in Federal service.

(a)  Custody and use.--When units of the Pennsylvania National Guard are called or ordered into the service of the United States, all furniture, permanent property and equipment located in their respective armories, purchased from State or municipal funds, or donated to the unit from private sources, will be left in the armory and will be taken into custody by the State Armory Board, to be used by units of Pennsylvania military forces assigned to said armory, until such time as the Pennsylvania National Guard unit or organization returns.

(b)  Reassignment and disposition.--If, upon the reorganization of the Pennsylvania National Guard following a war or emergency, the organization is not reorganized or is assigned to another location within this Commonwealth, then the property in question becomes the property of the Commonwealth to assign, reassign and dispose of as the State Armory Board may decide or direct.

51c1511s

§ 1511.  State Treasury Armory Fund.

(a)  Establishment.--There is hereby established in the State Treasury a special revenue fund to be known as the State Treasury Armory Fund. The proceeds from the sale of any armory building, armory site or other real estate used for the State military forces, the proceeds from the sale or lease of timber or other mineral rights at Fort Indiantown Gap or at any other real estate used for the State military forces and the proceeds from the rental of any State armories or other facilities used by the State military forces shall be deposited in the State Treasury Armory Fund.

(b)  Appropriation.--Moneys in the State Treasury Armory Fund are hereby appropriated to the Department of Military Affairs in such amounts as may be determined annually by the Governor to be used for the purposes specified in subsections (c) and (d).

(c)  Augmentation to department.--An amount equal to the 1988-1989 rental revenues shall be provided to the department each year from the State Treasury Armory Fund.

(d)  Expenditures from State Treasury Armory Fund.--The department may expend moneys from the State Treasury Armory Fund for the following purposes:

(1)  Purchase of equipment, furniture and fixtures for State armories and other structures and facilities to be utilized by the Pennsylvania National Guard.

(2)  Essential repairs and maintenance of State armories and other structures and facilities to be utilized by the Pennsylvania National Guard.

(3)  Purchase or rental of lands, buildings or facilities for use as State armories.

(4)  Construction of new armories and other structures and facilities to be utilized by the Pennsylvania National Guard.

(5)  Support of environmental projects and programs at Fort Indiantown Gap, any State armory or any other military lands or facilities.

51c1511v

(July 11, 1990, P.L.430, No.104, eff. imd.; June 15, 1994, P.L.277, No.47, eff. 60 days)

 

1994 Amendment.  Act 47 amended subsecs. (a) and (d)(1), (2) and (4) and added subsec. (d)(5).

1990 Amendment.  Act 104 added section 1511.

References in Text.  The Department of Military Affairs, referred to in subsec. (b), is now the Department of Military and Veterans Affairs.

51c1512s

§ 1512.  Maintenance, construction and repairs.

Notwithstanding the provisions of any other law to the contrary, the Armory Board may carry out all maintenance activities with respect to an armory if the cost does not exceed $100,000 and may carry out contracts for repair or construction of armories and other State-owned buildings or facilities under the jurisdiction of the department up to an amount of $100,000.

51c1512v

(Dec. 7, 1994, P.L.844, No.119, eff. 60 days; May 15, 1998, P.L.443, No.59, eff. imd.)

51c1701h

 

 

CHAPTER 17

STATE VETERANS' COMMISSION

AND DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

 

Subchapter

A.  State Veterans' Commission

B.  Deputy Adjutant General for Veterans' Affairs

C.  Funds

D.  County Directors of Veterans Affairs

 

Enactment.  Chapter 17 was added April 29, 1998, P.L.296, No.49, effective immediately.

Prior Provisions.  Former Chapter 17, which related to State Veterans' Commission, was added April 29, 1988, P.L.381, No.60, and repealed April 29, 1998, P.L.296, No.49, effective immediately.

 

 

SUBCHAPTER A

STATE VETERANS' COMMISSION

 

Sec.

1701.  Definitions.

1702.  State Veterans' Commission.

1703.  General powers and duties.

1704.  Specific powers and duties.

1705.  Veterans' home hall of fame.

51c1701s

§ 1701.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commission."  The State Veterans' Commission established by this chapter.

51c1702s

§ 1702.  State Veterans' Commission.

(a)  Establishment.--There is hereby established within the department an advisory commission to be known as the State Veterans' Commission.

(b)  Composition.--The commission shall be composed of:

(1)  The Adjutant General, ex officio, or his designee.

(2)  The State commander, commandant or head, or his designee, of each of the following named veterans' organizations:

(i)  The American Legion.

(ii)  AMVETS.

(iii)  Blinded Veterans Association.

(iv)  Catholic War Veterans of the United States of America.

(v)  Disabled American Veterans.

(vi)  Jewish War Veterans of the United States.

(vii)  Marine Corps League.

(viii)  Military Order of the Purple Heart.

(ix)  State Association of County Directors of Veterans' Affairs.

(x)  Veterans of Foreign Wars of the United States.

(xi)  (Deleted by amendment).

(xii)  Italian-American War Veterans of the United States, Inc.

(xiii)  The Vietnam Veterans of America, Inc.

(xiv)  American Ex-Prisoners of War.

(xv)  Keystone Paralyzed Veterans Association.

(xvi)  Military Officers Association of America.

(3)  Four members at large appointed by the Governor from a list provided by the Adjutant General, each of whom shall be a veteran and a member in good and regular standing of a Pennsylvania branch, post, lodge or club of a recognized national veterans' organization active in this Commonwealth. At least one member shall be a female veteran, and at least one member shall be a veteran of the Vietnam era. Members at large shall serve a term of four years and until a successor has been appointed.

(4)  The State Adjutants of the American Legion, the Disabled American Veterans (DAV) and the Veterans of Foreign Wars (VFW) and the Executive Director of AMVETS as nonvoting members.

(c)  Officers.--The commission shall annually elect a chairman and vice chairman at the first meeting of the commission after October 1. The Deputy Adjutant General for Veterans' Affairs shall serve as the executive secretary to the commission.

(d)  Compensation and expenses.--Members of the commission shall receive no compensation for their services but shall receive reimbursement for their necessary and proper expenses for attendance at meetings.

(e)  Meetings and quorum.--The commission shall meet upon the call of the chairman or the Adjutant General. Nine members of the commission shall constitute a quorum.

(f)  Declared vacancies.--The Governor, upon recommendation of the Adjutant General, shall declare a vacancy to exist whenever any member at large fails to attend three consecutive meetings without good cause. Any declared vacancy shall be filled for the unexpired term.

51c1702v

(June 25, 1999, P.L.233, No.33, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.; May 12, 2010, P.L.200, No.28, eff. imd.)

 

2010 Amendment.  Act 28 amended subsec. (b)(2).

2000 Amendment.  Act 90 amended subsec. (b).

Cross References.  Section 1702 is referred to in sections 1711, 1731, 8501, 8701, 8901, 9304 of this title.

51c1703s

§ 1703.  General powers and duties.

The commission shall advise the Adjutant General and the department on all matters pertaining to the status, welfare, benefits, employment and support of veterans and veterans' programs in this Commonwealth and shall perform such other functions as are provided by law.

51c1704s

§ 1704.  Specific powers and duties.

The commission shall have the following powers and duties:

(1)  Advise the Adjutant General upon such matters as the Adjutant General may bring before it.

(2)  Investigate the work of the department and make recommendations to it regarding the department's administration of the laws providing for the payment of pensions and relief, for the marking of graves of veterans and for the selection, acquisition and maintenance of a State military cemetery.

(3)  Investigate and recommend to the Governor legislation for submission to the General Assembly concerning veterans and their activities.

(4)  Oversee veterans' emergency assistance payments under Chapter 85 (relating to veterans' emergency assistance).

(5)  Certify educational gratuity payments for eligible children under Chapter 87 (relating to educational gratuity program).

(6)  Determine eligibility of veteran applicants for real property tax exemptions under Chapter 89 (relating to disabled veterans' real estate tax exemption).

(7)  Promulgate rules and regulations governing all actions of the commission under paragraphs (4), (5) and (6).

51c1705s

§ 1705.  Veterans' home hall of fame.

(a)  General rule.--Each veterans' home operated by the Commonwealth shall establish and dedicate a hall of fame to recognize and honor the military achievements of outstanding veterans who have completed honorable, active duty military service and who reside or resided in the geographic region served by the veterans' home. The area or space in the veterans' home dedicated to the hall of fame may be used for other purposes.

(b)  Selection of inductees.--The advisory council for each veterans' home shall, consistent with the guidelines established by the commission in subsection (c), nominate eligible veterans for induction into the hall of fame by the commission and perform such other duties relating to the hall of fame as approved by the commission. Any Medal of Honor recipient shall be automatically inducted into the hall of fame.

(c)  Oversight.--The commission shall develop guidelines for the halls of fame. The guidelines shall include, but not be limited to:

(1)  Eligibility criteria for qualified candidates.

(2)  Procedures for nomination of candidates and selection of inductees.

(3)  Ceremonies to officially honor the inductees.

(4)  Manner of recognizing or presenting the inductees in the halls of fame.

(5)  Maintenance of the halls of fame.

(6)  Duties of the advisory councils of the veterans' homes relating to the halls of fame.

(d)  Documentation.--Each eligible veteran or his or her representative shall be responsible for obtaining the documentation necessary to establish his or her eligibility from the National Archives in Washington, D.C., or the National Personnel Record Center in St. Louis, Missouri.

(e)  Centralized list.--The State Veterans' Commission shall keep a centralized list of all hall of fame inductees from all regional veterans' homes.

51c1705v

(June 22, 2000, P.L.343, No.40, eff. 60 days)

 

2000 Amendment.  Act 40 added section 1705.

51c1711h

 

 

SUBCHAPTER B

DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

 

Sec.

1711.  Qualifications and status.

1712.  Specific duties.

51c1711s

§ 1711.  Qualifications and status.

(a)  Deputy Adjutants General.--In addition to such other Deputy Adjutants General as may be named in the department, there shall be a Deputy Adjutant General for Veterans' Affairs, who shall perform the duties under section 1712 (relating to specific duties) and such other duties as the Adjutant General may assign.

(b)  Appointment.--The Deputy Adjutant General for Veterans' Affairs shall be selected and appointed as other Deputy Adjutants General are selected and appointed. He shall be a veteran and an active member of at least one of the veterans' organizations listed under section 1702(b) (relating to State Veterans' Commission).

(c)  Compensation.--The compensation of the Deputy Adjutant General for Veterans' Affairs shall be as established by law.

(d)  Status.--The Deputy Adjutant General for Veterans' Affairs shall be accorded all the rights, emoluments and privileges, except pay and allowances, of a brigadier general in the Pennsylvania Guard and shall be addressed as "General."

51c1712s

§ 1712.  Specific duties.

In addition to such other duties as may be provided by law or as assigned by the Adjutant General, the Deputy Adjutant General for Veterans' Affairs shall have the following specific duties:

(1)  To recommend to the Adjutant General and the Governor, with the advice of the State Veterans' Commission, new legislation and amendments to existing statutes concerning veterans and their activities for consideration by the General Assembly.

(2)  To cooperate with all Federal and State departments and agencies in the interest of veterans.

(3)  To aid in filing and prosecuting claims of Pennsylvania's veterans and their dependents under Federal or State laws or regulations.

(4)  To aid veterans in seeking employment or reemployment after their honorable discharge from the armed forces of the United States.

(5)  To aid veterans requiring medical care in securing hospitalization provided by a Federal or State medical or care facility.

(6)  To aid in the rehabilitation of injured, wounded or compensable veterans in educational institutions or vocational training institutions for which they may be eligible by law.

(7)  To cooperate with and advise the Department of Education with respect to vocational training programs for veterans, particularly programs suited to casualties.

(8)  To administer relief provided by the Commonwealth for veterans and their dependents.

(9)  To administer the distribution under the direction of the Adjutant General of any compensation to veterans or their dependents that has been or may be granted by the Commonwealth.

(10)  To investigate the work of other State agencies in administering laws affecting veterans and their dependents.

(11)  To investigate, compile and maintain complete and accurate data concerning veterans of the armed forces of the United States and all State and municipal activities related thereto.

(12)  To compile from the records transmitted from the various counties of this Commonwealth a record of the burial places in this Commonwealth of deceased veterans, including such information as the Deputy Adjutant General for Veterans' Affairs or his designee deems necessary and appropriate.

(13)  To disseminate information concerning Pennsylvania's veterans and Pennsylvania's veterans' programs to veterans' organizations, to the public press and other media and to the general public.

(14)  To biannually submit, through the Adjutant General, to the Governor a report of State activities on behalf of veterans.

(15)  To serve as a clearinghouse for all problems or issues related to Pennsylvania's veterans and their dependents.

(16)  To serve as Executive Secretary of the State Veterans' Commission.

51c1712v

 

Cross References.  Section 1712 is referred to in section 1711 of this title.

51c1721h

 

 

SUBCHAPTER C

FUNDS

 

Sec.

1721.  Veterans' Trust Fund.

 

Enactment.  Subchapter C was added October 24, 2012, P.L.1602, No.194, effective in 30 days.

51c1721s

§ 1721.  Veterans' Trust Fund.

(a)  Source of revenue.--In addition to transfers under section 1719-G of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, the Veterans' Trust Fund shall include funds from the following sources:

(1)  Proceeds paid by the Department of Transportation under 75 Pa.C.S. § 1320 (relating to contributions to Veterans' Trust Fund).

(2)  Amounts payable to the fund under 75 Pa.C.S § 1364(b) (relating to special plates for veterans).

(3)  Grants, gifts, donations and other payments from a person or government entity.

(4)  Money appropriated to the fund.

(b)  Appropriation.--Money in the fund is appropriated on a continuing basis to the department for purposes set forth in subsection (c).

(c)  Authorized purposes.--The department may expend money from the Veterans' Trust Fund for the following purposes:

(1)  Grants for programs or projects to support Pennsylvania veterans and their families to:

(i)  the Pennsylvania Veterans Foundation;

(ii)  veterans' service organizations; and

(iii)  other Statewide charitable organizations.

(2)  Grants or funding for new, innovative and expanded activities or programs operated by a county director of veterans affairs or the State Association of County Directors of Veterans Affairs.

(3)  Grants to Statewide veterans' service organizations in addition to the grants authorized and funded under section 9304 (relating to grants to veterans' service officer programs).

(4)  Assistance to Pennsylvania veterans in need of shelter or other necessities of living to the extent that other funds or resources are not available.

(5)  Assistance to operate, maintain and repair Pennsylvania monuments honoring Pennsylvania service members and veterans who served in the United States or overseas.

(6)  Payments to the Motor License Fund for actual costs incurred by the Department of Transportation to implement 75 Pa.C.S. §§ 1320 (relating to contributions to Veterans' Trust Fund) and 1510 (relating to issuance and content of driver's license).

(d)  Contributions.--The department may solicit and accept gifts, donations, legacies and other money for deposit into the fund from a person or a government entity on behalf of the Commonwealth.

(e)  Operation.--The department shall adopt a statement of policy for the maintenance and use of the fund within 60 days of the effective date of this section. The policy shall be published as a notice in the Pennsylvania Bulletin, but shall not be subject to review under section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(f)  Report.--By July 31, 2013, and every year thereafter, the department shall submit to the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives a report detailing the Veterans' Trust Fund revenues and expenditures in the prior fiscal year and describing the activities, programs and projects which received funds.

51c1721v

 

Cross References.  Section 1721 is referred to in section 1320 of Title 75 (Vehicles).

51c1731h

 

 

SUBCHAPTER D

COUNTY DIRECTORS OF VETERANS AFFAIRS

 

Sec.

1731.  Accreditation.

 

 

Enactment.  Subchapter D was added May 15, 2013, P.L.23, No.5, effective in 60 days.

51c1731s

§ 1731.  Accreditation.

(a)  Eligibility.--In order to be eligible for appointment as a director of veterans affairs in a county of this Commonwealth, a person must maintain a United States Department of Veterans Affairs accreditation in accordance with the provisions of 38 CFR § 14.629 (relating to requirements for accreditation of service organization representatives; agents; and attorneys) with one of the following:

(1)  The department.

(2)  A veterans' organization listed under section 1702(b) (relating to State Veterans' Commission).

(b)  Time.--

(1)  A person who is appointed as a director of veterans affairs in a county of this Commonwealth shall have up to one year from the date of appointment to attain the training and certification required under this title.

(2)  A person who has been appointed as a director of veterans affairs in a county of this Commonwealth prior to the effective date of this section shall have one year from the effective date of this section to attain the training and certification required under this title.

(c)  Additional duties.--In addition to the duties provided for under a statute other than this title, a director of veterans affairs shall do all of the following:

(1)  Serve as a local contact between the United States Department of Veterans Affairs, the department and an individual in the armed forces of the United States, an individual who was discharged from the service and a dependent of the individual.

(2)  Advise an individual in the armed forces, a veteran or a dependent of the individual or veteran of available Federal, State and county veterans' benefits.

(3)  Aid an individual in the armed forces, a veteran or a dependent of the individual or veteran in completing required Federal, State and local veterans' affairs forms in compliance with current regulations and policies.

(4)  Work under the direct supervision of the county commissioners and within the guidelines provided by the department and the United States Department of Veterans Affairs.

(5)  Participate in programs provided by the department, including:

(i)  Annual training and refresher courses provided by the Office of the Deputy Adjutant General for Veterans' Affairs.

(ii)  Five-year recertification as required by the United States Department of Veterans Affairs for veterans' service officer accreditation.

(d)  Office duties.--The Office of the Deputy Adjutant General for Veterans' Affairs shall establish a county director of veterans affairs training program, agreed upon with the State Association of County Directors of Veterans Affairs, which shall include the following:

(1)  Development of program guidelines and procedures as required under this subchapter.

(2)  Maintenance of training records.

(3)  Maintenance of competency scores for purposes of documenting and monitoring accreditation status.

(4)  Annual recertification and qualification.

51c1901h

 

 

CHAPTER 19

PENNSYLVANIA VETERANS' MEMORIAL COMMISSION

 

Sec.

1901.  Legislative findings (Expired).

1902.  Definitions (Expired).

1903.  Pennsylvania Veterans' Memorial Commission (Expired).

1904.  Duties of commission (Expired).

1905.  Pennsylvania Veterans' Memorial Trust Fund.

1906.  Expiration.

 

Enactment.  Chapter 19 was added December 4, 1992, P.L.771, No.119, effective immediately and retroactive to June 30, 1992.

Prior Provisions.  Former Chapter 19, which related to the same subject matter, was added April 29, 1988, P.L.381, No.60, and expired June 30, 1992.

51c1901s

§ 1901.  Legislative findings (Expired).

51c1901v

 

2005 Expiration.  Section 1901 expired June 30, 2005. See Act 8 of 2003.

51c1902s

§ 1902.  Definitions (Expired).

51c1902v

 

2005 Expiration.  Section 1902 expired June 30, 2005. See Act 8 of 2003.

51c1903s

§ 1903.  Pennsylvania Veterans' Memorial Commission (Expired).

51c1903v

 

2005 Expiration.  Section 1903 expired June 30, 2005. See Act 8 of 2003.

51c1904s

§ 1904.  Duties of commission (Expired).

51c1904v

 

2005 Expiration.  Section 1904 expired June 30, 2005. See Act 8 of 2003.

51c1905s

§ 1905.  Pennsylvania Veterans' Memorial Trust Fund.

(a)  Establishment and administration.--There is hereby established a separate fund in the State Treasury to be known as the Pennsylvania Veterans' Memorial Trust Fund. The fund shall be administered by the commission, and all moneys in the fund are appropriated to the commission on a continuing basis.

(b)  Purpose.--The moneys in the fund shall be used for the selection, design, construction, operation and maintenance of an appropriate physical monument on the grounds of the Indiantown Gap National Cemetery and other costs incidental thereto.

(c)  Contributions and solicitation of funds.--

(1)  The commission is authorized:

(i)  To accept, on behalf of the Commonwealth, gifts, donations, legacies and usages of money from individuals, organizations, public or private corporations and other similar entities.

(ii)  To solicit and raise moneys from public and private sources.

(2)  All money received or raised under this subsection shall be paid into the State Treasury and credited to the fund.

51c1905v

(Dec. 21, 1995, P.L.737, No.80, eff. imd.; June 19, 2002, P.L.433, No.63, eff. imd.)

 

2002 Amendment.  Act 63 amended subsec. (b).

1995 Amendment.  Act 80 reenacted the entire section, retroactive to June 30, 1995.

51c1906s

§ 1906.  Expiration.

Sections 1901, 1902, 1903 and 1904 of this chapter shall expire June 30, 2005.

51c1906v

(Dec. 21, 1995, P.L.737, No.80, eff. imd.; June 25, 1999, P.L.233, No.33, eff. imd.; June 30, 2003, P.L.16, No.8, eff. imd.)

51c2101h

 

 

SUBPART B

OFFICERS AND ENLISTED PERSONNEL

 

Chapter

21.  General Service

23.  Pennsylvania National Guard

25.  Pennsylvania Guard

 

 

CHAPTER 21

GENERAL SERVICE

 

Sec.

2101.  Exemption from militia duty.

 

Enactment.  Chapter 21 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c2101s

§ 2101.  Exemption from militia duty.

(a)  General rule.--Members of the General Assembly, the judiciary and such other persons as the Governor by executive order may decree shall be exempt from militia duty.

(b)  Exemption for religious belief.--All persons who because of religious belief shall claim exemption from militia service, if the conscientious holding of such belief for such person shall be established under the regulations prescribed by the Governor, shall be exempted from militia service in a combatant capacity, but no person so exempted shall be exempt from militia service in any capacity that the Governor shall declare to be noncombatant.

(c)  Volunteers.--This section shall not be construed to prevent any person exempted from voluntarily enlisting or accepting a commission in the Pennsylvania military forces.

51c2301h

 

 

CHAPTER 23

PENNSYLVANIA NATIONAL GUARD

 

Sec.

2301.  Appointment of commissioned officers.

2302.  Appointment of warrant officers.

2303.  Oath of commissioned and warrant officers.

2304.  Compensation of division commander or equivalent.

2305.  Promotion of commissioned and warrant officers.

2306.  Powers of commissioned, warrant and noncommissioned officers.

2307.  Uniforms of commissioned officers.

2308.  Term of commissioned and warrant officers.

2309.  Discharge and removal of commissioned and warrant officers.

2310.  Holding officers as supernumerary pending settlement.

2311.  Enlistment of enlisted personnel.

2312.  Discharge of enlisted personnel.

2313.  Retired Pennsylvania National Guard personnel.

2314.  Status when called into temporary Federal service.

2315.  Status when ordered into active Federal service.

2316.  Transfer of unaccepted personnel to Pennsylvania Guard.

2317.  Temporary commander of unit.

 

Enactment.  Chapter 23 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

Special Provisions in Appendix.  See the preamble to Act 174 of 1990 in the appendix to this title for special provisions relating to legislative findings and declarations.

51c2301s

§ 2301.  Appointment of commissioned officers.

All commissioned officers shall be appointed by the Governor and be commissioned according to the rank in the arm or service in which they are appointed. They shall meet all the requirements and qualifications now or hereafter prescribed by the laws of the United States and the rules and regulations promulgated thereunder for the organization and regulation of the Pennsylvania National Guard. No officer shall be commissioned until he shall have successfully passed such tests as to his physical, moral and professional fitness as shall be prescribed in relation thereto.

51c2302s

§ 2302.  Appointment of warrant officers.

All warrant officers shall be appointed by the Governor and the warrant will bear the grade and warrant officer classification. Warrant officers shall meet all the requirements and qualifications now or hereafter prescribed by the laws of the United States and the rules and regulations promulgated thereunder for the organization and regulation of the Pennsylvania National Guard.

51c2303s

§ 2303.  Oath of commissioned and warrant officers.

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

51c2304s

§ 2304.  Compensation of division commander or equivalent.

When a general officer commanding a division or the commanding officer of nondivisional troops equivalent in size to a separate infantry brigade is permanently employed by the Commonwealth in his command capacity, he shall receive the pay in accordance with the current compensation plan of the Commonwealth.

51c2305s

§ 2305.  Promotion of commissioned and warrant officers.

The Governor has the power to promote officers and warrant officers of the Pennsylvania National Guard in accordance with the laws of the United States and rules and regulations promulgated thereunder.

51c2306s

§ 2306.  Powers of commissioned, warrant and noncommissioned officers.

Commissioned officers, warrant officers and noncommissioned officers of the Pennsylvania National Guard under their State commissions and warrants shall have all the powers inherent with command and training responsibility as are granted officers, warrant officers and noncommissioned officers of like rank and grade in the armed forces of the United States by law, policy and customs of the service.

51c2307s

§ 2307.  Uniforms of commissioned officers.

Every commissioned officer and warrant officer shall furnish his own uniforms which shall be as prescribed by the Adjutant General, in accordance with Federal rules and regulations. An allowance for this purpose, not to exceed $300 for each officer upon commissioning, may be prescribed by the Governor. In addition thereto, the Governor may prescribe a further allowance not to exceed $50 in any one year for each officer, for the maintenance of such uniforms.

51c2308s

§ 2308.  Term of commissioned and warrant officers.

The term of every commissioned officer and warrant officer shall be permanent or until terminated by reason of death, retirement, physical disqualification, acceptance by proper authority of resignation, action by a properly constituted board or court martial, or in accordance with Federal regulations governing withdrawal of Federal recognition of a commissioned officer or warrant officer.

51c2309s

§ 2309.  Discharge and removal of commissioned and warrant officers.

(a)  Discharge for unfitness.--At any time, the moral character, capacity and general fitness for the service of any Pennsylvania National Guard officer or warrant officer may be determined by a fitness board or court of inquiry of three commissioned officers, senior in rank, if possible, to the officer whose fitness for service shall be under investigation. This board shall be appointed by the Governor, in the case of general officers and officers of the headquarters Pennsylvania National Guard, and by the Adjutant General in all other cases. If the findings of such board be unfavorable to such officer or warrant officer and be approved by the Governor he shall be discharged.

(b)  Grounds for vacating commission or warrant.--Commissions of officers or warrants of warrant officers of the Pennsylvania National Guard may be vacated for any of the following reasons:

(1)  Upon the recommendation of a fitness board.

(2)  If recourse occurs on his bond in the settlement of his financial or property accounts.

(3)  If he has been convicted of a felony.

(4)  Upon withdrawal of Federal recognition.

(c)  Grounds for vacating office or assignment.--When a commissioned or warrant officer of the Pennsylvania National Guard retires, accepts an appointment to another office therein, is transferred to the Inactive National Guard, resigns, is relieved from active duty but held as a supernumerary, or dies, the office or assignment previously held shall be deemed to have been vacated.

51c2310s

§ 2310.  Holding officers as supernumerary pending settlement.

A commissioned officer responsible for Commonwealth funds or Commonwealth property or property of the United States issued to him by the Adjutant General or United States property and disbursing officer, or acquired by transfer, inventory or purchase from annual allowance of Commonwealth funds, who may tender his resignation or who may be relieved from command by competent orders of the Governor, and whose accounts are not settled, may be held as supernumerary pending settlement of his accounts. A commissioned officer so held as supernumerary shall be amenable to court-martial for military offenses to the same extent and in like manner as if upon the active list.

51c2311s

§ 2311.  Enlistment of enlisted personnel.

(a)  Qualifications.--Every enlisted person shall meet all the qualifications prescribed by the laws of the United States and the rules and regulations promulgated thereunder.

(b)  Enlistment contract and oath.--Every person enlisting in the Pennsylvania National Guard shall sign an enlistment contract and take and subscribe to the oath of enlistment prescribed by the current Federal regulations.

(c)  Extending term of enlistment.--The Adjutant General, with the approval of the Governor, may, upon request by appropriate Federal authority, extend the term of enlistment contracted for by a term not exceeding 12 months.

(d)  Denial of extension of enlistment or reenlistment.--Upon the expiration of the term of service of an enlisted person, if good and sufficient reasons exist for the unit commander to believe that it would not be in the best interests of the Pennsylvania National Guard to permit this person to reenlist or extend his enlistment contract, such unit commander may deny reenlistment or extension of enlistment.

51c2312s

§ 2312.  Discharge of enlisted personnel.

(a)  General rule.--An enlisted person discharged from service in the Pennsylvania National Guard shall receive a discharge in writing in such form and with such classification as shall be prescribed by the National Guard Bureau, and in time of peace discharges may be given prior to the expiration of terms of enlistment, under such regulations as the Governor may prescribe, subject to the restrictions of the National Defense Act, or amendments thereto.

(b)  Termination of Federal service.--On termination of an emergency in which enlisted personnel of the Pennsylvania National Guard shall have been called into the Federal service by the President of the United States in accordance with the provisions of the National Defense Act, such enlisted personnel shall continue to serve in the National Guard until the dates upon which their enlistment entered into prior to their call into the Federal service would have expired if uninterrupted.

(c)  Termination of enlistment.--The term of enlistment of every enlisted person's enlistment contract will be for the period of his enlistment or until terminated by reason of any of the following:

(1)  Death.

(2)  Reaching the maximum age-in-grade limitations provided in Army and Air National Guard regulations.

(3)  Physical disqualification.

(4)  Any other reason enumerated in this title or for reasons specified in Army or Air National Guard regulations.

(d)  Failure to meet qualifications.--In addition to the provisions of subsection (c), if during the term of enlistment it is determined that an enlisted person does not meet all the prescribed qualifications specified by the Federal regulations and if a waiver is not appropriate or authorized, then the enlisted person shall be discharged.

51c2313s

§ 2313.  Retired Pennsylvania National Guard personnel.

(a)  Promotions.--Every former officer, warrant officer or enlisted person shall, upon application to the Adjutant General after his or her retirement, be promoted to the next higher grade in the Pennsylvania National Guard retired list above that presently held in a grade Federally recognized if the applicant:

(1)  has served a total of 25 years in armed forces of the United States or its components, ten years of which includes service in Pennsylvania National Guard with active Federal service counting as double time. The 25 years service shall be such as would be credited for retirement of National Guard and Reserve personnel; or

(2)  has attained the grade of major general in the Pennsylvania National Guard and has been Federally recognized in such grade; or

(3)  has served in the Pennsylvania National Guard, Pennsylvania Guard or both for a period of 25 or more years and who has served in his highest grade for at least one year.

Promotion to general officer on the retired list shall not require the consent of the Senate.

(b)  Computation of period of service.--In considering the period of service under this section, the military service of personnel in the Pennsylvania National Guard engaged in the service of the United States or active service in the armed forces of the United States shall be included and counted double in calculating the period of service for retirement with increased grade under provisions of this section.

(c)  Wearing uniform following retirement.--All retired officers and enlisted personnel shall be entitled to wear the uniform of their grade as retired officers and enlisted personnel of the Pennsylvania National Guard on all proper military and semi-military occasions within this Commonwealth.

(d)  Applicability of section.--The provisions of retirement with increased rank shall be applicable when applied to officers retired prior to the effective date of this section and the provisions of this section shall apply to deceased officers on the retired list upon proper application to the Adjutant General by some duly recognized veterans' organization.

51c2313v

 

Cross References.  Section 2313 is referred to in section 2504 of this title.

51c2314s

§ 2314.  Status when called into temporary Federal service.

(a)  General rule.--When any or all parts of the Pennsylvania National Guard are called as such into the service of the United States, their units and members retain their State status as Federally recognized units and members of the Pennsylvania National Guard in a state of temporary suspension. Under a Presidential call, officers of the Pennsylvania National Guard shall continue to be appointed by the State and neither officers nor enlisted personnel may be held to service beyond the terms of their existing commissions or enlistments while in the service of the United States.

(b)  Termination of service.--When the call into the service of the United States has been terminated and organizations, units and personnel are returned to their status as the Pennsylvania National Guard, personnel shall continue to serve in the Pennsylvania National Guard until the date which their commission or enlistment entered into prior to the call or during the call would have expired if uninterrupted.

51c2315s

§ 2315.  Status when ordered into active Federal service.

(a)  General rule.--When any or all of the units and members of the Pennsylvania National Guard are ordered into the active military service of the United States, they stand relieved from duty in the Pennsylvania National Guard during the period of such active military service, irrespective of the term of their existing commissions or enlistments. Their prior status as units and members of the Pennsylvania National Guard continues to exist as an underlying and temporarily suspended status of origin to which they may and do return upon relief from the active military service of the United States.

(b)  Termination of service.--When the duration of their active military service of the United States is of such a duration and units and members so intermingled with other organizations and units of the armed forces of the United States that makes it impracticable for the units and members to return to that prior status as units and members of the Pennsylvania National Guard and it therefore becomes necessary to completely reorganize the Pennsylvania National Guard, former members, who accept a commission or enlist in the reorganized Pennsylvania National Guard under the conditions then applicable and prior to the date of Federal recognition, shall have their service for the purpose of longevity, State retirement, medals and awards count as continuous and uninterrupted.

51c2316s

§ 2316.  Transfer of unaccepted personnel to Pennsylvania Guard.

When the Pennsylvania National Guard, or any part thereof, is ordered or called into the service of the United States, officers, warrant officers and enlisted personnel of the Pennsylvania National Guard not accepted for Federal service because of physical defects, age or other cause may be immediately transferred to the rolls of the Pennsylvania Guard and assigned to units or organizations of the Pennsylvania Guard by the department. The officer, warrant officer and enlisted personnel so transferred may serve in the Pennsylvania Guard for the duration of the emergency plus six months unless sooner discharged under the terms of their State commission or enlistment contract.

51c2317s

§ 2317.  Temporary commander of unit.

When a unit is without commissioned officers from any cause, the commanding officer of the next higher unit in the military chain of command of which it is a part shall detail an officer to command said organization until an officer has been appointed or assigned thereto.

51c2501h

 

 

CHAPTER 25

PENNSYLVANIA GUARD

 

Sec.

2501.  Oath of commissioned officers.

2502.  Physical qualifications of officers and enlisted personnel.

2503.  Enlistment contract and oath.

2504.  Retirement of commissioned officers and enlisted personnel.

 

Enactment.  Chapter 25 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c2501s

§ 2501.  Oath of commissioned officers.

Each commissioned officer before entering upon the duties of his appointment shall take and subscribe the following oath: "I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania against all enemies; that I will bear true faith and allegiance to the same; that I will obey the orders of the Governor of the Commonwealth of Pennsylvania; that I make this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office .......... in the Pennsylvania Guard upon which I am about to enter."

51c2502s

§ 2502.  Physical qualifications of officers and enlisted personnel.

The Governor will, by executive order, prescribe the age limitations and physical qualifications which will govern both officers and enlisted personnel in the Pennsylvania Guard, but no person shall be refused enlistment or a commission or in any way be discriminated against in the administration of this title by reason of his race, color, sex, creed or national origin.

51c2503s

§ 2503.  Enlistment contract and oath.

Every person enlisting in the Pennsylvania Guard shall sign an enlistment contract and take and subscribe to the following oath of enlistment: "I do hereby acknowledge to have voluntarily enlisted this...... ..............., 19  , as a soldier in the Pennsylvania Guard for the period of the emergency plus six months unless sooner discharged by proper authority, and I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the Commonwealth of Pennsylvania, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the order of the Governor of the Commonwealth of Pennsylvania and of the officers appointed over me according to law."

51c2504s

§ 2504.  Retirement of commissioned officers and enlisted personnel.

Commissioned officers and enlisted personnel of the Pennsylvania Guard shall be controlled by section 2313 (relating to retired Pennsylvania National Guard personnel) for promotion on the Pennsylvania Guard retired list.

51c3101h

 

 

SUBPART C

PAY, ALLOWANCES, BENEFITS AND MEDALS

 

Chapter

31.  Pennsylvania National Guard

32.  Educational Assistance Program

33.  Pennsylvania Guard

35.  Disability Relief and Pensions

37.  Decorations, Medals, Badges and Awards

 

 

CHAPTER 31

PENNSYLVANIA NATIONAL GUARD

 

Sec.

3101.  Pay of officers and enlisted personnel on special duty.

3102.  Pay of officers and enlisted personnel in active State service.

3103.  Transportation and expenses of personnel on special duty.

3104.  Tuition credit (Repealed).

3105.  Association group life insurance for Pennsylvania National Guard.

 

Enactment.  Chapter 31 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c3101s

§ 3101.  Pay of officers and enlisted personnel on special duty.

Members of the Pennsylvania National Guard or Pennsylvania Guard may be ordered upon special duty at the discretion of the Governor and shall receive the pay and allowances of their respective grades during the time they may continue upon duty under such order.

51c3101v

(Oct. 16, 1998, P.L.780, No.96, eff. imd.)

51c3102s

§ 3102.  Pay of officers and enlisted personnel in active State service.

(a)  General rule.--When the Pennsylvania National Guard or Pennsylvania Guard, or any part thereof, is ordered on active duty for State service by the Governor as Commander-in-Chief and pay is authorized for such duty under the order prescribing the performance thereof, the commissioned officers, warrant officers and enlisted personnel so ordered shall be entitled to the same pay and allowances and transportation in kind provided for in the current Armed Forces Pay and Allowance Act. Notwithstanding any provisions of such act, the pay of any such personnel shall not be less than $75 per day.

(b)  Payments and deductions.--All payments of pay and service shall be made by the Adjutant General in the usual manner. No deductions shall be made from the pay of officers or enlisted personnel in active State service for dues or other financial obligations imposed by any bylaws, rules or regulations of a civil character.

51c3102v

(May 31, 1984, P.L.375, No.75, eff. imd.; Dec. 4, 1996, P.L.849, No.139, eff. imd.)

51c3103s

§ 3103.  Transportation and expenses of personnel on special duty.

Personnel in attendance upon court-martial, boards of examination, fitness boards and other necessary duty as prescribed by the Adjutant General shall receive transportation in kind as may be provided for in orders, and the necessary expenses lawfully incurred in the performance of any such duty shall be paid upon proper vouchers duly approved by the officer under whose orders the duty is performed.

51c3104s

§ 3104.  Tuition credit (Repealed).

51c3104v

 

1996 Repeal.  Section 3104 was repealed June 19, 1996, P.L.344, No.56, effective July 1, 1996. The subject matter is now contained in Chapter 32 of this title.

51c3105s

§ 3105.  Association group life insurance for Pennsylvania National Guard.

(a)  Voluntary participation for group life insurance.--The Adjutant General may approve issuance of group life insurance to nonprofit membership associations for members of the Pennsylvania National Guard, subject to the following requirements:

(1)  The members eligible for insurance under the policy shall all be members of the Pennsylvania National Guard or their spouses or dependents. A member of the Pennsylvania National Guard who becomes insured under this program while a member may continue the insurance, including group term life insurance, after discharge or retirement from the Pennsylvania National Guard.

(2)  The premium for the policy shall be paid by the individual members of the Pennsylvania National Guard or their spouses or dependents who elect to participate in the insurance plan either by direct payment or by allotment from military pay. An individual family member may insure his spouse or dependent without their signature or approval.

(3)  The policy must cover at least 25 members of the Pennsylvania National Guard at the time of issue.

(4)  The amounts of insurance under the policy must not exceed $400,000 per individual insured member and $100,000 per insured spouse or dependent.

(5)  Participation in the insurance plan must be voluntary.

(6)  Except as otherwise provided by this section, the policy or policies must comply with the provisions of the act of May 11, 1949 (P.L.1210, No.367), referred to as the Group Life Insurance Policy Law, and be approved by the Insurance Commissioner and the Adjutant General.

(7)  The same policy can be made available to any Pennsylvania resident who is a member of a reserve component of the armed forces.

(b)  Group life insurance for eligible members.--The Adjutant General shall approve issuance of group life insurance to nonprofit membership associations for eligible members of the Pennsylvania National Guard, subject to the following:

(1)  For eligible members of the Pennsylvania National Guard, the Commonwealth shall pay premiums not otherwise paid by the Federal Government so that eligible members have life insurance coverage equal to the maximum available Servicemembers' Group Life Insurance coverage. Premium payments may take one of the following forms:

(i)  Purchase of coverage under subsection (a) in an amount equal to the difference between:

(A)  the maximum coverage under the Federal Servicemembers' Group Life Insurance program; and

(B)  the amount of Servicemembers' Group Life Insurance coverage paid by the Federal Government.

(ii)  Payment or reimbursement of the difference in premiums to the eligible members of the Pennsylvania National Guard.

(2)  In the case of an eligible member of the Pennsylvania National Guard who was killed in the line of duty after September 11, 2001, and before the effective date of this subsection, the Commonwealth shall pay the designated beneficiary of the member or, if none, the member's next of kin an amount equal to the greater of the premiums paid for Servicemembers' Group Life Insurance coverage for the period the eligible member was deployed or, if the member did not elect the maximum coverage, the difference between the maximum coverage in effect at the time the eligible member was killed and the amount of coverage elected by the member.

(3)  The department shall promulgate regulations for the administration of this subsection.

(c)  Definition.--As used in this section, the term "eligible member of the Pennsylvania National Guard" shall mean:

(1)  members of the Pennsylvania National Guard ordered to active Federal service for a period of 30 or more consecutive days while preparing to deploy, deployed and demobilizing from deployment, to areas or operations designated by the Secretary of Defense as "zones of combat" or "combat operations"; and

(2)  members of the Pennsylvania National Guard ordered to active State duty for emergencies under section 508 (relating to active duty for emergency) or 35 Pa.C.S. § 7601 (relating to compact enacted) for a period of 30 or more consecutive days.

51c3105v

(Dec. 17, 1990, P.L.700, No.174, eff. imd.; July 7, 2006, P.L.1046, No.105, eff. 60 days)

51c3201h

 

 

CHAPTER 32

MILITARY EDUCATIONAL PROGRAMS

 

Subchapter

A.  Educational Assistance Program

B.  Medical Officer or Health Officer Incentive Program

C.  Miscellaneous Provisions

 

Enactment.  Chapter 32 was added June 19, 1996, P.L.344, No.56, effective July 1, 1996.

Chapter Heading.  The heading of Chapter 32 was amended June 26, 2014, P.L.791, No.78, effective July 1, 2014.

Special Provisions in Appendix.  See the preamble and section 3 of Act 56 of 1996 in the appendix to this title for special provisions relating to legislative findings and declarations and educational grants.

Cross References.  Chapter 32 is referred to in section 7309 of this title.

 

 

SUBCHAPTER A

EDUCATIONAL ASSISTANCE PROGRAM

 

Sec.

3201.  Definitions.

3202.  Eligibility.

3203.  Certification of eligibility.

3204.  Grants.

3205.  Amount of grants.

3206.  Limitations.

3207.  Recoupment of grant payments.

3208.  Regulations.

3209.  Administration.

3210.  Educational Assistance Program Fund.

 

Subchapter Heading.  The heading of Subchapter A was added June 26, 2014, P.L.791, No.78, effective July 1, 2014.

51c3201s

§ 3201.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency."  The Pennsylvania Higher Education Assistance Agency.

"Approved institution of higher learning."  An educational institution offering a post-secondary program of education located in this Commonwealth and approved by the Pennsylvania Higher Education Assistance Agency.

"Approved program of education."  A degree- or certificate-granting curriculum or course of study to be pursued on a full-time or part-time basis or its equivalent as determined by the Pennsylvania Higher Education Assistance Agency, at an approved institution of higher learning.

"Combat zone."  An area designated by Presidential executive order as a combat zone as described in section 7508 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 7508).

"Costs of attendance."  Allowable educational expenses, as determined by the agency, that are consistent with the administration of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law.

"Department."  (Deleted by amendment).

"Eligible member."  A member of the Pennsylvania National Guard who meets the criteria specified in section 3202 (relating to eligibility) and who has been awarded a certificate of eligibility under section 3203 (relating to certification of eligibility).

"Full-time student."  A student enrolled in an approved institution of higher learning pursuing an approved program of education equal to or greater than 15 credit hours or its equivalent recognized by the Pennsylvania Higher Education Assistance Agency as a full-time course of study.

"Fund."  The Educational Assistance Program Fund.

"Part-time student."  A student enrolled in an approved institution of higher education pursuing an approved program of education of less than 15 credit hours or its equivalent recognized by the Pennsylvania Higher Education Assistance Agency as a part-time course of study.

"Program."  The Educational Assistance Program established in this subchapter.

"Qualified resident."  An individual who has been a bona fide resident of this Commonwealth prior to the time an application for a grant is made. The Pennsylvania Higher Education Assistance Agency shall make the final decision on whether an applicant is a qualified resident.

51c3201v

(May 10, 2000, P.L.36, No.11, eff. July 1, 2000; Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; Dec. 22, 2005, P.L.441, No.82, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days)

 

2014 Amendments.  Act 78 amended the intro. par. and def. of "program" and deleted the def. of "department" and Act 82 added the def. of "costs of attendance."

2005 Amendment.  Act 82 added the def. of "combat zone."

2004 Amendment.  Act 212 added the def. of "fund."

2000 Amendment.  Act 11 amended the def. of "qualified resident."

51c3202s

§ 3202.  Eligibility.

(a)  General rule.--A Pennsylvania National Guard member is eligible to receive a public service educational grant under this subchapter if the member meets all of the following eligibility criteria:

(1)  The member is a qualified resident of this Commonwealth.

(2)  Except as otherwise provided in subsection (c) and section 3206(b) (relating to limitations), the member is a member in good standing and has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General.

(3)  The member has enrolled as a student in an approved program of education at an approved institution of higher learning.

(b)  Additional eligibility criteria for full-time student assistance grants.--In addition to the eligibility criteria specified in subsection (a), a student must meet the following eligibility criteria to qualify for a full-time student assistance grant:

(1)  The member does not possess a baccalaureate degree.

(2)  The member accepts an obligation to serve in the Pennsylvania National Guard for a period of six years from the date of entry into the program by enlistment, reenlistment, extension of enlistment or execution of a service commitment.

(3)  The member has enrolled as a full-time student in an approved program of education at an approved institution of higher learning.

(4)  The member is not receiving a Reserve Officer Training Corps (ROTC) Scholarship, excluding a Guaranteed Reserve Forces Duty Scholarship.

(c)  Discharge for disability incurred in the line of duty.--A Pennsylvania National Guard member who is discharged for medical disability after September 11, 2001, shall remain eligible to receive a public service educational grant under this subchapter if the member meets all of the following eligibility criteria:

(1)  The medical disability was incurred in the line of duty and was not the result of misconduct.

(2)  The medical condition giving rise to the discharge did not exist prior to the member entering service in the Pennsylvania National Guard.

(3)  The medical disability was incurred while performing authorized military duty other than basic training, advanced individual training or other equivalent initial training.

(4)  The former member received an honorable discharge for medical reasons.

(5)  The former member had accepted an obligation to serve in the Pennsylvania National Guard for a minimum period of service established by the Adjutant General and was qualified to have fulfilled such service obligation but for the medical disability that resulted in discharge.

(6)  The former member commences a full-time or part-time course of study within two years of medical discharge or within two years of the effective date of this subsection, such course of study having a completion date of not more than six years following the date of medical discharge for members discharged for medical disability on or after the effective date of this subsection or of not more than six years following the effective date of this subsection for members discharged for a medical disability after September 11, 2001, and before the effective date of this subsection. The Adjutant General may for good cause extend these deadlines when the former member's disability is shown to require additional time for the former member to commence or complete a course of study.

(7)  The former member meets all eligibility criteria specified in subsections (a) and (b) except membership in the Pennsylvania National Guard.

51c3202v

(May 10, 2000, P.L.36, No.11, eff. July 1, 2000; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

 

2014 Amendment.  Act 78 amended subsecs. (a) and (c).

2006 Amendment.  Section 3 of Act 44 provided that the amendment or addition of subsecs. (a) and (c) shall apply to grants awarded for any course of study commenced on or after May 1, 2006.

Cross References.  Section 3202 is referred to in sections 3201, 3203, 3206 of this title.

51c3203s

§ 3203.  Certification of eligibility.

The department shall certify members of the Pennsylvania National Guard as eligible to participate in the program who meet the eligibility criteria set forth in section 3202 (relating to eligibility) and shall provide the agency with a certificate of eligibility for an eligible member.

51c3203v

 

Cross References.  Section 3203 is referred to in section 3201 of this title.

51c3204s

§ 3204.  Grants.

(a)  General rule.--From the funds appropriated for the purposes of this subchapter, grants shall be provided to eligible members for the purpose of pursuing approved programs of education.

(b)  Promissory notes.--At the receipt of the grant, an eligible member shall sign a promissory note to repay the full amount of the grant. The promissory note shall be conditional upon noncompletion of the service obligation under section 3207(a) (relating to recoupment of grant payments).

51c3204v

(June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

 

2014 Amendment.  Act 78 amended subsec. (a).

Cross References.  Section 3204 is referred to in section 3207 of this title.

51c3205s

§ 3205.  Amount of grants.

(a)  Full-time student assistance grants.--Grants awarded under this subchapter to full-time students shall be determined by the agency without regard to financial need and shall not exceed for each academic year the lesser of:

(1)  the tuition of the approved institution of higher learning for the approved program of education in which the member is enrolled; or

(2)  the tuition charged to a resident of this Commonwealth at a member institution of the State System of Higher Education for the same academic year.

(b)  Part-time student assistance grants.--Grants awarded under this subchapter to part-time students who do not possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of:

(1)  the tuition for the part-time course of study in which the member is enrolled; or

(2)  two-thirds of the tuition charged to a resident of the Commonwealth at a member institution of the State System of Higher Education for the same academic year or period.

(b.1)  Part-time student assistance grants for students possessing baccalaureate degrees.--Grants awarded under this subchapter to part-time students who possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of:

(1)  one-half of the tuition for the part-time course of study in which the member is enrolled; or

(2)  one-third of the tuition charged to a resident of this Commonwealth at a member institution of the State System of Higher Education for the same academic year or period.

(c)  Other grants and financial aid.--

(1)  The agency shall not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the member's eligibility for or receipt of grants under this subchapter.

(2)  Prior to making a grant under this chapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and then shall award a grant under this chapter if the eligible member requires additional financial aid to cover the costs of attendance for an approved program of higher education. A grant under this chapter shall be paid or refunded to the eligible member for approved costs of attendance. Grants authorized under this section shall be reduced so that the total of all Federal and State military education benefits, as administered by the Pennsylvania National Guard, do not exceed 100% of the costs of attendance.

(d)  Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide grants in the amounts set forth in this section to all eligible members, the agency and the department may reduce the maximum amount of the grants proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations.

51c3205v

(May 10, 2000, P.L.36, No.11, eff. July 1, 2000; July 7, 2006, P.L.598, No.87, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days)

 

2014 Amendments.  Act 78 amended subsecs. (a), (b), (b.1) and (c) and Act 82 amended subsec. (c). Act 82 overlooked the amendment by Act 78, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (c).

51c3206s

§ 3206.  Limitations.

(a)  Time.--

(1)  Except as otherwise provided in paragraph (2), no member shall be eligible for full-time or part-time student assistance grants or a combination thereof under this subchapter for a total of more than five academic years or their equivalent as determined by the agency.

(2)  For any member who served on active duty in a combat zone, eligibility for such grants shall be extended for a period of one year or for one additional month for each month or part of month of such service, whichever is longer.

(b)  Active duty.--

(1)  Except as otherwise provided in paragraph (2) or (3), no grant payments shall be made under this subchapter except during the eligible member's term of service as a member in good standing of the Pennsylvania National Guard.

(2)  For eligible members who were called or ordered to active Federal service or active State duty under section 508 (relating to active State duty for emergency) after September 11, 2001, the deadline for making grant payments shall be extended for one additional month for each month or part of month of such service after the member is discharged or released under honorable conditions from the Pennsylvania National Guard.

(3)  For members discharged because of a disability incurred in the line of duty who are eligible under section 3202(c) (relating to eligibility), the deadline for making grant payments shall be:

(i)  Six years after the member's medical discharge for members discharged for a medical disability on or after the effective date of this paragraph unless extended under section 3202 (c)(6).

(ii)  Six years following the effective date of this paragraph for members discharged for a medical disability after September 11, 2001, and before the effective date of this paragraph unless extended under section 3202 (c)(6).

51c3206v

(Dec. 22, 2005, P.L.441, No.82, eff. 60 days; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

 

2014 Amendment.  Act 78 amended subsecs. (a)(1) and (b)(1).

2006 Amendment.  Act 44 amended subsec. (b). Section 3 of Act 44 provided that the amendment of subsec. (b) shall apply to grants awarded for any course of study commenced on or after May 1, 2006.

Cross References.  Section 3206 is referred to in section 3202 of this title.

51c3207s

§ 3207.  Recoupment of grant payments.

(a)  General rule.--An eligible member who fails to meet the requirements of this subchapter as a result of participation in this program or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3204(b) (relating to grants) shall be payment in full upon demand by the agency on a schedule as the agency may determine.

(b)  Forgiveness of recoupment.--The Adjutant General may advise the agency to forgive recoupment of all or part of an eligible member's grant payments if the Adjutant General determines that the member's failure to fulfill the six-year service obligation was the result of the eligible member's death, discharge because of disability incurred in line of duty, discharge because of a medical determination that the eligible member is medically unfit for duty when the medical condition is outside the eligible member's control and is not due to his misconduct or discharge or release because of other compelling circumstances outside the eligible member's control.

51c3207v

(June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

 

2014 Amendment.  Act 78 amended subsec. (a).

Cross References.  Section 3207 is referred to in section 3204 of this title.

51c3208s

§ 3208.  Regulations.

The Adjutant General and the agency may promulgate regulations to carry out the provisions of this chapter.

51c3209s

§ 3209.  Administration.

The General Assembly shall appropriate funds to pay full-time and part-time student assistance grants under this chapter. A portion of the funds appropriated may be used to pay the costs of the administration of this chapter. Administrative costs for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated.

51c3209v

(June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

51c3210s

§ 3210.  Educational Assistance Program Fund.

All moneys appropriated for the purposes of this chapter and all investment income earned on those moneys shall be deposited in the Educational Assistance Program Fund, which is hereby established as a special nonlapsing fund in the State Treasury. All moneys placed in the fund and the investment income it accrues are hereby appropriated on a continuing basis to the Department of Military and Veterans Affairs and shall be used solely for the purposes of the program.

51c3210v

(Nov. 30, 2004, P.L.1671, No.212, eff. 60 days)

 

2004 Amendment.  Act 212 added section 3210.

51c3211h

 

 

SUBCHAPTER B

MEDICAL OFFICER OR HEALTH OFFICER INCENTIVE PROGRAM

 

Sec.

3211.  Definitions.

3212.  Establishment of program.

3213.  Program stipend.

3214.  Additional incentives.

3215.  Promissory note.

3216.  Recoupment of incentive payments.

3217.  Adjustment of stipend amounts.

 

Enactment.  Subchapter B was added June 26, 2014, P.L.791, No.78, effective July 1, 2014.

Cross References.  Subchapter B is referred to in section 3222 of this title.

51c3211s

§ 3211.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Behavioral health officer."  An officer who:

(1)  holds a license to practice psychology under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, or is a licensed clinical social worker as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act;

(2)  has malpractice insurance, is self-insured or maintains insurance through a private employer; and

(3)  meets any applicable Federal requirements for the Pennsylvania National Guard.

"Medical officer or health officer."  An officer who is any of the following:

(1)  A resident physician.

(2)  A physician.

(3)  A physician assistant.

(4)  A behavioral health officer.

(5)  A public health officer or environmental science officer.

"Member in good standing."  A member of the Pennsylvania National Guard who meets all medical, training, physical and educational requirements for service and who is a satisfactory participant in all scheduled duties and training periods.

"Physician."  An officer assigned to and serving in an

authorized Army Medical Corps or Air Force Medical Corps position who:

(1)  has completed a medicine residency program; and

(2)  is currently practicing medicine in the United States or its territories.

"Physician assistant."  An officer who:

(1)  is licensed as a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; and

(2)  meets any applicable Federal requirements for the  Pennsylvania National Guard.

"Program."  The Medical Officer or Health Officer Incentive Program.

"Public health officer" or "environmental science officer."  An officer who holds a minimum of a bachelor's degree from an educational program accredited by an agency recognized by the United States Secretary of Education in an environmental science related field of study, including any of the following majors or their equivalent:

(1)  Environmental science, environmental health or environmental management.

(2)  Occupational health.

(3)  Industrial hygiene.

(4)  Public health.

(5)  Sanitary science or epidemiology.

(6)  Biology, chemistry, toxicology, geology, microbiology, biochemistry or zoology.

"Resident physician."  An officer who:

(1)  is assigned to a medical position in the Pennsylvania National Guard;

(2)  is a medical doctor or doctor of osteopathy participating in graduate training;

(3)  holds a license to practice medicine under the Medical Practice Act of 1985; and

(4)  meets any applicable Federal requirements for the Pennsylvania National Guard.

51c3212s

§ 3212.  Establishment of program.

The Medical Officer or Health Officer Incentive Program is established within the department to provide educational stipends to eligible medical officers or health officers in accordance with the provisions of this subchapter.

51c3213s

§ 3213.  Program stipend.

(a)  General rule.--

(1)  A resident physician, physician or physician assistant who meets the requirements under subsection (c) may receive a stipend of $1,000 per month for no more than 48 months of medicine residency or the first 36 accession months of service to the Pennsylvania National Guard.

(2)  A behavioral health officer, public health officer or environmental science officer who meets the requirements under subsection (c) may receive a stipend of $500 per month for no more than the first 36 accession months of service to the Pennsylvania National Guard.

(b)  Areas of concentration.--An area of concentration qualification for a medical or health officer must be approved by the National Guard Bureau through a predetermination request completed by the Pennsylvania Army National Guard Army Medical Department Officer Strength Manager.

(c)  Requirements.--In order to qualify for a stipend under subsection (a), a medical officer or health officer shall meet all of the following:

(1)  Be a member in good standing with the Pennsylvania National Guard.

(2)  Be assigned to an appropriate medical or health position in the Pennsylvania National Guard.

(3)  Agree to serve as a medical officer or health officer in the Pennsylvania National Guard after completion of residency or initial service obligation for a period of one month for each monthly stipend received. This service obligation shall be concurrent with any other military service obligation of the officer.

(d)  Receipt of stipend.--A stipend under subsection (a) shall be paid to an eligible medical officer or health officer whose application for the stipend is approved at the completion of each month of residency or service. A medical officer or health officer may not receive a stipend under subsection (a) for more than 48 months during the period of service in the Pennsylvania National Guard.

(e)  Adjustments.--If the Adjutant General determines that the amount available for the program in any year will be insufficient to provide stipends in the amount described under subsection (a), the Adjutant General may place a cap on the number of medical officers or health officers eligible to receive stipends or may adjust the amount of the annual stipend.

(f)  Construction.--Nothing in this section shall be construed to prohibit a medical officer or health officer who is  serving in the Pennsylvania National Guard before the effective date of this section and who meets the requirements under subsection (c) from receiving a stipend under subsection (a) during the period of medicine residency or service.

51c3213v

 

Cross References.  Section 3213 is referred to in section 3214 of this title.

51c3214s

§ 3214.  Additional incentives.

To the extent that funds are available, the Adjutant General may, by regulation, establish additional incentives to aid in the recruitment and retention of medical officers or health officers in the Pennsylvania National Guard, provided that payment of such additional incentives shall not result in a cap on participation or reduction in the amount of stipends paid under section 3213 (relating to program stipend).

51c3215s

§ 3215.  Promissory note.

Any recipient of a stipend or other incentive payment under this subchapter shall sign, as part of the application for the incentive payment, a promissory note in a form prescribed by the Adjutant General by which the recipient promises to repay all amounts received if the recipient fails to complete the service obligation required by this subchapter or to meet other requirements established by the Adjutant General.

51c3215v

 

Cross References.  Section 3215 is referred to in section 3216 of this title.

51c3216s

§ 3216.  Recoupment of incentive payments.

(a)  General rule.--A recipient of a stipend or other incentive payment under this subchapter who fails to complete his service obligation or to meet other requirements established by the Adjutant General is liable to the Commonwealth for repayment of all incentive payments made. The Adjutant General shall notify the department if the recipient fails to complete the service obligation, and the promissory note under section 3215 (relating to promissory note) shall be called to secure payment in full upon demand on a schedule as the department may determine.

(b)  Forgiveness of recoupment.--The Adjutant General may forgive recoupment of all or part of a recipient's stipend or other incentive payment if the Adjutant General determines that his failure to fulfill the service obligation was the result of his death, discharge because of disability incurred in line of duty, discharge because of a medical determination that he is medically unfit for duty when the medical condition is outside his control and is not due to his misconduct, mandatory discharge, release or retirement for age or years of service or discharge, release, transfer or retirement because of other compelling circumstances outside his control.

51c3217s

§ 3217.  Adjustment of stipend amounts.

Beginning on January 1, 2016, and every two years thereafter, the Adjutant General may adjust, by notice published in the Pennsylvania Bulletin, the amounts of the stipends set forth in this subchapter by an amount equal to the change in the applicable Consumer Price Index in the preceding two years provided that the Adjutant General finds sufficient funds are appropriated and available to pay for the adjusted stipends.

51c3221h

 

 

SUBCHAPTER C

MISCELLANEOUS PROVISIONS

 

Sec.

3221.  Regulations.

3222.  Administration.

 

Enactment.  Subchapter C was added June 26, 2014, P.L.791, No.78, effective July 1, 2014.

51c3221s

§ 3221.  Regulations.

The Adjutant General shall promulgate regulations to carry out the provisions of this chapter.

51c3222s

§ 3222.  Administration.

The General Assembly may appropriate funds to pay for grants under Subchapter B (relating to Medical Officer or Health Officer Incentive Program).

51c3301h

 

 

CHAPTER 33

PENNSYLVANIA GUARD

 

Sec.

3301.  Pay and expenses of officers and enlisted personnel.

3302.  Uniforms, arms and equipment.

3303.  Pennsylvania National Guard laws generally to apply.

 

Enactment.  Chapter 33 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c3301s

§ 3301.  Pay and expenses of officers and enlisted personnel.

(a)  Armory drills.--All officers and enlisted personnel will receive pay for armory assemblies not to exceed 60 assembly days in any one year. The rate of pay shall be in accordance with the corresponding grades and length of service of the current Armed Forces Pay and Allowance Act. An assembly shall consist of at least four hours of training.

(b)  Active State service.--In the event of a calling of all or any part of the Pennsylvania Guard into active State service, the pay and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades under the current Armed Forces Pay and Allowance Act.

(c)  Annual training.--The Governor is further authorized to provide an annual training period for the Pennsylvania Guard, not to exceed 30 days in any one year, during which period the pay, allowances and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades in the current Armed Forces Pay and Allowance Act.

51c3301v

(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)

 

1978 Amendment.  Act 173 amended subsec. (c).

51c3302s

§ 3302.  Uniforms, arms and equipment.

The Governor is authorized to requisition from the Department of Defense such uniforms, arms and equipment as may be available for use of the Pennsylvania Guard as may be authorized by the Congress of the United States to be made available to the Pennsylvania Guard. In the event uniforms and equipment are not available from the Federal Government for the use of the Pennsylvania Guard, the Governor shall cause to be provided such uniforms, arms and equipment as may be necessary for the efficient functioning and operation of the Pennsylvania Guard.

51c3303s

§ 3303.  Pennsylvania National Guard laws generally to apply.

All laws or sections of laws of this Commonwealth pertaining to the Pennsylvania National Guard shall be applicable and shall govern the Pennsylvania Guard except as modified or changed by the provisions of this chapter.

51c3501h

 

 

CHAPTER 35

DISABILITY RELIEF AND PENSIONS

 

Sec.

3501.  Relief for disability incurred in active State service.

3502.  Deceased soldier's dependents' pension.

3503.  Tuition waiver for children and spouses of deceased soldiers.

 

Enactment.  Chapter 35 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c3501s

§ 3501.  Relief for disability incurred in active State service.

(a)  General rule.--If any member of the Pennsylvania National Guard is injured or otherwise disabled, or dies as a result of injuries or other disability received or contracted while performing duty in active service of the Commonwealth or in the performance of other State military duty under competent order or authority, or while engaged in volunteer service during a civil emergency at the request of competent military authority, he or his dependents, if not compensated therefor by the government of the United States, shall receive from the Commonwealth just and reasonable relief, the amount of compensation to be determined in accordance with the Workmen's Compensation Law of Pennsylvania. The General Assembly shall appropriate the moneys necessary to provide for such compensation.

(b)  Computation of average weekly wage.--In the computation of average weekly wage for purposes of compensating a member of the Pennsylvania National Guard or his beneficiaries, "wages" shall include all earnings during the period used for such computation received from employment in the member's usual occupation.

51c3501v

(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)

 

References in Text.  The short title of the act of June 2, 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's Compensation Act, referred to in subsec. (a), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act.

Cross References.  Section 3501 is referred to in section 3502 of this title.

51c3502s

§ 3502.  Deceased soldier's dependents' pension.

(a)  Amount and persons entitled.--A pension may be paid to either the widow or widower or minor children or dependent parent of any member of the Pennsylvania National Guard, who may die from injuries received, or who may be killed while in active service, under orders of the Governor, which active service shall include participation in armory assemblies or participation in aerial flights incidental to training. Such pension shall be computed on the following basis and distributed to the following persons monthly:

(1)  To each minor child, if there is no widow or widower entitled to compensation, $75, with $50 for each child in excess of two, with a maximum of $200 to be paid to their guardian.

(2)  To the widow or widower, if there are no children, $100.

(3)  To the widow or widower, if there is one child, $150.

(4)  To the widow or widower, if there are two children, $200.

(5)  To the widow or widower, if there are three children, $250.

(6)  To the widow or widower, if there are four or more children, $300.

(7)  To the father and mother, if there is no widow, widower, or children, if dependent to any extent upon the member for support at the time of his death, $100.

(b)  Workmen's compensation.--Such pension shall be in addition to any relief in the form of compensation determined under the Workmen's Compensation Law of Pennsylvania as authorized by section 3501 (relating to relief for disability incurred in active State service).

(c)  Claims.--All claims for pension under this section shall be made to the department, which shall establish rules governing the filing of such claims. The department shall investigate all circumstances connected with the death of the person and make a recommendation to the Adjutant General as to the granting of a pension. If a pension is granted, it shall be paid monthly in the manner provided by law.

(d)  Term and removal.--No pension granted under this section shall be granted for a longer period than ten years; but in the case of minor children of a deceased member, the pension shall be paid until the minor child reaches 18 years of age.

(e)  Revocation.--The department shall have power to revoke any pension granted under this section when it shall be shown to the satisfaction of the department that the pensioner is no longer in a state of dependency.

(f)  Exemption.--The provisions of this section shall not apply to any member of the Pennsylvania National Guard while in the service of the United States, in case of war, or under the orders of the President of the United States.

(g)  Appropriation.--The necessary appropriation to pay any pensions granted under this section shall, at each regular session of the General Assembly, be included in the items pertaining to the department, in the act of Assembly providing for the ordinary expenses of the Executive, Judicial, and Legislative Departments of the Commonwealth.

51c3502v

(Dec. 18, 1980, P.L.1245, No.225, eff. imd.)

 

References in Text.  The short title of the act of June 2, 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's Compensation Act, referred to in subsec. (b), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act.

51c3503s

§ 3503.  Tuition waiver for children and spouses of deceased soldiers.

(a)  Children.--The children of members of the Pennsylvania National Guard who were killed or die as a result of injuries received while performing duty in an official duty status authorized under Federal or State law shall be entitled to a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants, including, but not limited to, educational gratuities for which the children are or may be eligible under the act of December 16, 1998 (P.L.980, No.129), known as the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, at all Pennsylvania State-owned colleges or universities, approved trade schools, State-related institutions of higher learning or community colleges in this Commonwealth for a period not exceeding eight semesters or four years, whichever is greater. In order to be eligible for waiver of tuition and fees under this section, the member of the Pennsylvania National Guard must have been a bona fide resident of Pennsylvania at the time of his death, and the member's children must be bona fide residents of Pennsylvania, eligible for resident tuition at the institution to which they have applied, at the time they apply for the tuition and fee waiver.

(a.1)  Spouses.--The spouse of a member of the Pennsylvania National Guard who was killed or dies as a result of injuries received while performing duty in an official duty status authorized under Federal or State law shall be entitled to a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants at any Pennsylvania State-owned college or university, approved trade school, State-related institution of higher learning or community college in this Commonwealth for a period not exceeding eight semesters or four years, whichever is greater. A spouse shall be eligible for a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants under this subsection for a period not to exceed ten years from the date the member is killed or dies as a result of injuries while in Federal or State active duty or until the spouse remarries, whichever occurs first. In order to be eligible for waiver of tuition and fees under this section, the member of the Pennsylvania National Guard must have been a bona fide resident of Pennsylvania at the time of his death, and the member's spouse must be a bona fide resident of Pennsylvania, eligible for resident tuition at the institution to which the spouse has applied, at the time the spouse applies for the tuition and fee waiver.

(b)  Department to administer program.--The department shall adopt rules and regulations to carry out the provisions of this section and shall administer the tuition cost and fee waiver program established under this section.

51c3503v

(Dec. 18, 1980, P.L.1245, No.225, eff. imd.; July 7, 2006, P.L.1046, No.105, eff. 60 days)

51c3701h

 

 

CHAPTER 37

DECORATIONS, MEDALS, BADGES AND AWARDS

 

Sec.

3701.  Authorized decorations, medals, badges and awards.

3702.  Specifications.

3703.  Wearing of military insignia by municipal employees.

3704.  Saving provision.

3705.  Furnishing United States flag for deceased members.

 

Enactment.  Chapter 37 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c3701s

§ 3701.  Authorized decorations, medals, badges and awards.

(a)  General rule.--The following decorations, medals, badges and awards are authorized to be presented by the Governor in the name of the Commonwealth:

(1)  Pennsylvania Cross for Valor.

(2)  Pennsylvania Distinguished Service Medal.

(3)  Pennsylvania Meritorious Service Medal.

(4)  Pennsylvania Commendation Medal.

(5)  State Medal for Federal Service during any war.

(6)  Pennsylvania Service Ribbon or Medal for active State service during an emergency.

(7)  Pennsylvania Twenty Year Service Medal.

(8)  Major General Thomas R. White, Jr. Medal.

(9)  General Thomas J. Stewart Medal.

(10)  Pennsylvania Outstanding Aeronautical Achievement Award.

(11)  Marksmanship Medals or Badges.

(b)  Method of award.--The following decorations, medals, badges and awards will be awarded under the following conditions:

(1)  The Pennsylvania Cross for Valor shall be awarded by the Governor to members of the Pennsylvania National Guard, Pennsylvania Guard or the armed forces of the United States or their reserve components for acts of bravery or valor above the ordinary gallantry of other members of the services.

(2)  The Pennsylvania Distinguished Service Medal shall be awarded by the Governor to members of the Pennsylvania National Guard, Pennsylvania Guard or armed forces of the United States or their reserve components in recognition of meritorious service beyond the normal dictates of duty to this Commonwealth.

(3)  The Pennsylvania Meritorious Service Medal shall be awarded by the Governor to civilians and members of the Pennsylvania National Guard, Pennsylvania Guard or the armed forces of the United States or their reserve components in recognition of meritorious service rendered this Commonwealth and while holding a position of great responsibility.

(4)  The qualifications for awarding the Pennsylvania Commendation Medal, the State Medal for Federal Service during any war, the Service Ribbon or Medal for active State service during an emergency, the Pennsylvania Twenty Year Service Medal, the Major General Thomas R. White, Jr. Medal, the General Thomas J. Stewart Medal, the Pennsylvania Outstanding Aeronautical Achievement Award, and the Marksmanship Medals or Badges, shall be prescribed by the Adjutant General by regulation.

(5)  The Adjutant General is empowered to establish such other decorations, medals, badges and awards as he may prescribe by regulation.

(c)  Recommendations for medals.--All recommendations for decorations, medals, badges and awards, except those of the Governor, must be forwarded to the Governor through the department.

51c3702s

§ 3702.  Specifications.

The Adjutant General shall prescribe the detailed specifications and design for said decorations, medals, badges and awards, and is authorized to procure those items in the prescribed manner. The Adjutant General shall issue appropriate rules and regulations for the wearing of said decorations, medals, badges and awards in accordance with the customs and traditions of the Pennsylvania National Guard.

51c3703s

§ 3703.  Wearing of military insignia by municipal employees.

It is unlawful for any official of the Commonwealth or any political subdivision thereof to forbid or prohibit by ordinance, rule, or regulation the wearing, by any of its employees or agents, of any service bar or insignia provided or authorized by the Federal Government, indicating military service in any war, upon any part of the uniform worn by them as employees or agents of the political subdivision.

51c3704s

§ 3704.  Saving provision.

Nothing in this chapter shall be construed as to invalidate or repeal any decorations, medals, badges or awards heretofore presented.

51c3705s

§ 3705.  Furnishing United States flag for deceased members.

(a)  General rule.--The department shall furnish a United States flag to drape the casket of each deceased member who at the time of death was:

(1)  An active member of the Pennsylvania National Guard or the Pennsylvania Guard.

(2)  A retired member of the Pennsylvania National Guard or the Pennsylvania Guard.

(3)  Discharged from the Pennsylvania National Guard or the Pennsylvania Guard for a disability incurred or aggravated in the line of duty.

(b)  Exception.--Any member eligible for a burial flag under the provisions of 38 United States Code § 901 (relating to flags) is not authorized to receive the United States flag under the provisions of this section.

(c)  Appropriation for cost.--The necessary appropriations to pay for any flags issued under this section shall, at each regular session of the General Assembly, be included in the items pertaining to the department, in the act of Assembly providing for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Commonwealth.

51c3705v

(Sept. 28, 1978, P.L.802, No.155, eff. 60 days)

 

1978 Amendment.  Act 155 added section 3705.

51c4101h

 

 

SUBPART D

RIGHTS AND IMMUNITIES

 

Chapter

41.  Rights and Immunities

 

 

CHAPTER 41

RIGHTS AND IMMUNITIES

 

Sec.

4101.  Equality of treatment and opportunity for members.

4102.  Leaves of absence for certain government employees.

4103.  Exemption of uniforms and equipment.

4104.  Exemption from arrest.

4105.  Exemption from civil process.

4106.  Exemptions from further military service and jury duty.

4107.  Legal aid.

4108.  Liability of Commonwealth for judgments against personnel on State duty.

4109.  Child custody proceedings during military deployment.

4110.  Expedited or electronic hearing.

 

Enactment.  Chapter 41 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

Cross References.  Chapter 41 is referred to in section 702 of this title.

51c4101s

§ 4101.  Equality of treatment and opportunity for members.

It is hereby declared to be the policy of this Commonwealth that there shall be equality of treatment and opportunity for all persons in the Pennsylvania National Guard and the Pennsylvania Guard, without regard to race, creed, color, national origin or sex. Such policy shall be put into effect giving due regard to the powers of the Federal Government which are or may be exercised over the Pennsylvania National Guard and to the time required to effectuate changes without impairing the efficiency or morale of the Pennsylvania National Guard.

51c4102s

§ 4102.  Leaves of absence for certain government employees.

(a)  Mandatory.--

(1)  The following shall apply to paid military leaves of absence:

(i)  All officers and employees of the Commonwealth, its political subdivisions or their instrumentalities shall be entitled to paid military leaves of absence from their respective duties without loss of pay or efficiency rating, and without being required to use annual vacation time, as follows:

(A)  On all days during which they shall, as members of the Pennsylvania National Guard, be engaged in active State duty under section 508 (relating to active duty for emergency).

(B)  On all days not exceeding 15 consecutive or nonconsecutive days in any one year during which they shall, as members of the Pennsylvania National Guard or as members of any reserve component of the armed forces of the United States, be engaged in training or other military duty under orders authorized by Federal or State law.

(ii)  All officers and employees of the Commonwealth or its instrumentalities, except for officers and employees of political subdivisions and their instrumentalities, shall be entitled to up to 15 days of paid military leave in addition to the leave under subparagraph (i) in any one year if the officers and employees are ordered to active duty, other than active duty for training, and all of the following apply:

(A)  The duty is ordered for a period of at least 30 consecutive days.

(B)  The duty is involuntary or is performed in a zone of combat, in response to a domestic emergency or pursuant to a contingency operations service agreement.

(C)  The duty is performed while the member is deployed at least 50 miles away from both the member's home duty station and place of residence.

(D)  The duty is ordered under 10 U.S.C. § 12301 (relating to Reserve components generally), 12302 (relating to Ready Reserve) or 12304 (relating to Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency) or 32 U.S.C. § 502(f) (relating to required drills and field exercises).

(2)  All officers and employees of the Commonwealth, a political subdivision, or their instrumentalities shall, in addition to the leave provided under this subsection, be entitled to unpaid military leave of absence, up to the maximum cumulative period authorized by 38 U.S.C. Ch. 43 (relating to employment and reemployment rights of members of the uniformed services), from their respective duties without loss of seniority or efficiency rating and without being required to use annual vacation time on all days during which:

(i)  they are engaged in training or other military duty under orders authorized by Federal or State law; and

(ii)  they are not on paid military leave of absence.

(b)  Discretionary leave.--The Commonwealth, its instrumentalities and political subdivisions and their instrumentalities shall be authorized and permitted to provide paid military leave or other compensation and/or continue medical and other benefits to members of the Pennsylvania National Guard and other reserve components of the United States Armed Forces for days in excess of those provided in subsection (a) when the member shall be engaged in training or other military duty under orders authorized by Federal or State law.

(c)  Calculation of leave.--

(1)  An employee who is on paid or unpaid military leave for a period encompassing one entire calendar day shall be charged with one day's military leave on each workday notwithstanding the number of hours encompassed in the employee's workday. An employee on paid military leave shall be paid for the leave based on the compensation due for the leave period.

(2)  An employee who is on paid or unpaid military leave of absence for a shift that extends into two consecutive calendar days shall be charged with only one day of military leave if the employee returns to work for the next regular shift.

51c4102v

(Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 1, 2005, P.L.327, No.62, eff. imd.; Nov. 9, 2006, P.L.1383, No.150, eff. 60 days; Nov. 1, 2013, P.L.667, No.80, eff. imd.)

 

2006 Amendment.  Section 2 of Act 150 provided that Act 150 shall be retroactive to January 1, 2005, for officers and employees who did not qualify under subsec. (a)(2) as amended by Act 62 of 2005 and shall apply prospectively for all other officers and employees.

2005 Amendment.  Section 3 of Act 62 provided that Act 62 shall be retroactive to January 1, 2005.

Cross References.  Section 4102 is referred to in sections 8102, 8302, 8506 of Title 24 (Education); sections 5102, 5302, 5902, 5906 of Title 71 (State Government).

51c4103s

§ 4103.  Exemption of uniforms and equipment.

The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payment of taxes.

51c4103v

(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)

 

Cross References.  Section 4103 is referred to in section 8124 of Title 42 (Judiciary and Judicial Procedure).

51c4104s

§ 4104.  Exemption from arrest.

No officer or enlisted person shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from, a place where he is ordered to attend for military duty.

51c4105s

§ 4105.  Exemption from civil process.

No civil process shall issue or be enforced against any officer or enlisted person of the Pennsylvania National Guard in the active service of the Commonwealth during so much of the term as he shall be engaged in active service under orders nor until 30 days after he shall have been relieved therefrom. The operation of all statutes of limitations and presumptions arising from lapse of time shall be suspended upon all claims by or against such officer or enlisted person during the aforesaid period.

51c4105v

 

Cross References.  Section 4105 is referred to in section 5343 of Title 30 (Fish); section 7331 of Title 75 (Vehicles).

51c4106s

§ 4106.  Exemptions from further military service and jury duty.

In addition to the exemptions now allowed by law, any person who shall have performed duty in the Pennsylvania National Guard for a period of nine years or who served for nine months or a longer period in active service of the United States and was honorably discharged or mustered out, shall be exempt from further military service, except in case of war, invasion or insurrection. Every officer and enlisted person of the Pennsylvania National Guard shall be exempt from jury duty during the period of his active service.

51c4107s

§ 4107.  Legal aid.

Members of the Pennsylvania Military Forces on State duty shall receive legal assistance from the Commonwealth for any charge of criminal or civil liability resulting from their duty. The assistance shall be limited to members acting under lawful orders or on good faith reliance on an order which a reasonable person would consider to be lawful under the circumstances. No assistance shall be provided by the Commonwealth when the Pennsylvania National Guard is called into the service of the United States.

51c4108s

§ 4108.  Liability of Commonwealth for judgments against personnel on State duty.

The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments and costs secured against a member of the Pennsylvania Military Forces on State duty who was acting under lawful orders or who in good faith relied on an order which a reasonable person would consider to be lawful under the circumstances.

51c4109s

§ 4109.  Child custody proceedings during military deployment.

(a)  Restriction on change of custody.--If a petition for change of custody of a child of an eligible servicemember is filed with any court in this Commonwealth while the eligible servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the eligible servicemember, except that a court may enter a temporary custody order if it is in the best interest of the child.

(a.1)  Temporary assignment to family members.--If an eligible servicemember has received notice of deployment in support of a contingency operation, a court may issue a temporary order to an eligible servicemember who has rights to a child under 23 Pa.C.S. § 5323 (relating to award of custody) or former 23 Pa.C.S. Ch. 53 Subch. A (relating to general provisions), including a temporary order to temporarily assign custody rights to family members of the servicemember. In the case of temporary assignment of rights to family members of the servicemember, the following shall apply:

(1)  The servicemember may petition the court for a temporary order to temporarily assign custody rights to family members of the servicemember. The servicemember shall be joined in the petition by the family members to whom the servicemember is seeking to assign temporary custody rights. The petition shall include a proposed revised custody schedule for care of the child by the family members. The proposed revised custody schedule may not include custody rights which exceed the rights granted to a servicemember set forth in the order in effect at the time of the filing of the petition to grant temporary custody rights to family members.

(2)  The court may issue a temporary order with a revised custody schedule as proposed by the servicemember and the family members or another revised custody schedule as the court deems appropriate, if the court finds that a temporary assignment of custody rights to family members of the servicemember is in the best interest of the child. In no case shall a temporary order granting custody rights to the family members of a servicemember exceed the custody rights granted to the servicemember set forth in the order in effect at the time of the filing of the petition to assign temporary custody rights to family members.

In the case of any other temporary order issued under this subsection, the court may issue a temporary order if it is in the best interest of the child.

(b)  Completion of deployment.--In any temporary custody order entered under subsection (a) or (a.1), a court shall require that, upon the return of the eligible servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the eligible servicemember is reinstated.

(c)  Exclusion of military service from determination of child's best interest.--If a petition for the change of custody of the child of an eligible servicemember who was deployed in support of a contingency operation is filed after the end of the deployment, no court may consider the absence of the eligible servicemember by reason of that deployment in determining the best interest of the child.

(d)  Failure to appear due to military deployment.--The failure of an eligible servicemember to appear in court due to deployment in support of a contingency operation shall not, in and of itself, be sufficient to justify a modification of a custody order if the reason for the failure to appear is the eligible servicemember's active duty in support of a contingency operation.

(e)  Relationship to other laws.--Notwithstanding any other provision of law, the provisions of this section shall be applied with regard to child custody issues related to eligible servicemembers deployed in support of contingency operations.

(f)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Contingency operation."  A military operation that:

(1)  is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations or hostilities against an enemy of the United States or against an opposing military force; or

(2)  results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. § 688 (relating to retired members: authority to order to active duty; duties), 12301(a) (relating to reserve components generally), 12302 (relating to Ready Reserve), 12304 (relating to Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency), 12305 (relating to authority of President to suspend certain laws relating to promotion, retirement, and separation) or 12406 (relating to National Guard in Federal service: call) or any other provision of 10 U.S.C. during a war or during a national emergency declared by the President or Congress.

"Eligible servicemember."  A member of the Pennsylvania National Guard or a member of an active or reserve component of the Armed Forces of the United States who is serving on active duty, other than active duty for training, for a period of 30 or more consecutive days, in support of a contingency operation.

"Family members."  As defined in 23 Pa.C.S. § 6303 (relating to definitions).

51c4109v

(Oct. 9, 2008, P.L.1522, No.127, eff. 60 days; Apr. 12, 2012, P.L.241, No.32, eff. 60 days)

 

Cross References.  Section 4109 is referred to in section 4110 of this title; section 5338 of Title 23 (Domestic Relations).

51c4110s

§ 4110.  Expedited or electronic hearing.

(a)  Expedited hearing.--Upon motion of an eligible servicemember who has received notice of deployment in support of a contingency operation, the court shall, for good cause shown, hold an expedited hearing in custody matters instituted under section 4109 (relating to child custody proceedings during military deployment) when the military duties of the eligible servicemember have a material effect on the eligible servicemember's ability, or anticipated ability, to appear in person at a regularly scheduled hearing.

(b)  Electronic hearing.--Upon motion of an eligible servicemember who has received notice of deployment in support of a contingency operation, the court shall, upon reasonable advance notice and for good cause shown, allow the eligible servicemember to present testimony and evidence by electronic means in custody matters instituted under section 4109 when the military duties of the eligible servicemember have a material effect on the eligible servicemember's ability to appear in person at a regularly scheduled hearing.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Contingency operation."  As defined in section 4109 (relating to child custody proceedings during military deployment).

"Electronic means."  Includes communication by telephone, video conference or the Internet.

"Eligible servicemember."  As defined in section 4109 (relating to child custody proceedings during military deployment).

"Matter."  As defined in 42 Pa.C.S. § 102 (relating to definitions).

51c4110v

(Apr. 12, 2012, P.L.241, No.32, eff. 60 days)

 

2012 Amendment.  Act 32 added section 4110.

51c4501h

 

 

PART III

INTERSTATE RELATIONS

 

Chapter

45.  Interstate Compact

47.  Fresh Pursuit by Military Forces

 

Enactment.  Part III was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

 

 

CHAPTER 45

INTERSTATE COMPACT

 

Sec.

4501.  Interstate compact for mutual military aid.

 

Enactment.  Chapter 45 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

Cross References.  Chapter 45 is referred to in section 508 of this title.

51c4501s

§ 4501.  Interstate compact for mutual military aid.

The Commonwealth of Pennsylvania does hereby join, approve and become a party to a solemn compact with the State of New Jersey and the State of New York and any other state concurring therein or otherwise approving thereof, in form and terms as heretofore agreed to by the Governor of the State of New Jersey and the Governor of the State of New York and approved by the respective Legislatures thereof, as follows:

 

An Interstate Compact For Mutual Military Aid

In An Emergency.

 

Article I

 

(1)  The purposes of this compact are:

(a)  To provide for mutual military aid and assistance, in an emergency, by the military forces of a signatory state to the military forces of the other signatory states or of the United States, including, among other, military missions, the protection of interstate bridges, tunnels, ferries, pipelines, communications, facilities, and other vital installations, plants and facilities, and the military support of civil defense agencies.

(b)  To provide for the fresh pursuit, in case of an emergency, by the military forces or any part or member thereof of a signatory state into another state, of insurrectionists, saboteurs, enemies or enemy forces, or persons seeking or appearing to seek to overthrow the government of the United States or of a signatory state.

(c)  To make provision for the powers, duties, rights, privileges and immunities of the members of the military forces of a signatory state while so engaged outside of their own state.

(2) (a)  "Emergency," as used in this compact, shall mean and include invasion or other hostile action, disaster, insurrection, or imminent danger thereof.

(b)  "State," as used in this compact, shall include any signatory state.

(c)  "Military forces," as used in this compact, shall include the organized militia or any force thereof of a signatory state.

 

Article II

 

This compact shall become effective as to the signatory states when the Legislatures thereof have approved it and when the Congress has given its consent either before or after the date hereof. Any state not a party to this compact at the date hereof may become a party hereto.

 

Article III

 

The Governor of each signatory state, or his designated military representative, shall constitute the Committee for Mutual Military Aid for signatory states. It shall be the duty of the Committee for Mutual Military Aid to make joint plans for the employment of the military forces of the signatory states for mutual military aid and assistance in case of emergency.

 

Article IV

 

(1)  It shall be the duty of each signatory state to integrate its plan for the employment of its military forces, in case of emergency, with the joint plans recommended by the Committee for Mutual Military Aid and with the emergency plans of the armed forces of the United States.

(2)  In case of emergency, upon request of the Governor of a signatory state, the Governor of each signatory state, to the extent consistent with the needs of his own state, shall order its military forces, or such part thereof as he in his discretion may find necessary, to assist the military forces of the requesting state, in order to carry out the purposes set forth in this compact. In such case, it shall be the duty of the Governor of each signatory state receiving such a request to issue the necessary orders for such use of the military forces of his state without the borders of his state, and to direct the commander of such forces to place them under the operational control of the commander of the forces of the requesting state or of the United States which may be engaged in meeting the emergency.

(3)  The Governor of any signatory state, in his discretion, may recall the military forces of his state serving without its borders or any part of any member of such forces.

 

Article V

 

In case of an emergency, any unit or member of the military forces of a signatory state which has been ordered into active service by the Governor may, upon order of the officer in immediate command thereof, continue beyond the borders of his own state into another signatory state in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, or persons seeking or appearing to seek to overthrow the government of the United States or of any one of the signatory states, until they are apprehended by such unit or member. Any such person who shall be apprehended or captured in a signatory state by a unit or member of the military forces of another signatory state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he is taken or to the forces of the United States. Such surrender shall not constitute a waiver by the state of the military forces making the capture of its right to extradite or prosecute such persons for any crime committed in that state.

 

Article VI

 

(1)  Whenever the military forces or any part thereof of any signatory state are engaged outside of their own state in carrying out the purposes of the compact, the individual members of such military forces so engaged shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty.

(2)  The individual members of such forces shall have the same powers, duties, rights, privileges and immunities as the members of the military forces of the state in which they are engaged, but in any event,

(3)  Each signatory state shall save harmless any member of its military forces wherever serving, and any member of the military forces of any other signatory state serving within its borders, for any act or acts done by them in the performance of their duty while engaged in carrying out the purposes of this compact.

 

Article VII

 

(1)  Each signatory state shall provide, in the same amounts and manner as if they were on duty within their own state, for the pay and allowances of the personnel of its military forces, and for the medical and hospital expenses, disability and death benefits, pensions and funeral expenses, of wounded, injured or sick personnel, and of dependents or representatives of deceased personnel of its military forces, in case such personnel shall suffer wounds, injuries, disease, disability or death while engaged without the state pursuant to this compact and while going to and returning from such other signatory state. Each signatory state shall provide, in the same amounts and manner as if they were on duty within their own state, for the logistical support and for other costs and expenses of its military forces while engaged without the State pursuant to this compact and while going to and returning from such other signatory state.

(2)  Any signatory state rendering outside aid in case of insurrection or disaster not the result of invasion or hostile action shall, if it so elects, be reimbursed by the signatory state receiving such aid for the pay and allowances of its personnel, logistical support, and all other costs and expenses referred to in section one of this article and incurred in connection with the request for aid. Such election shall be exercised by the Governor of the aiding state presenting a statement and request for reimbursement of such costs and expenses to the Governor of the requesting state.

 

Article VIII

 

Nothing in this compact shall be construed to limit or restrict the power of any signatory state, in case of an emergency affecting that state only, to provide for the internal defense of any part of the territory of said state, or for the protection and control of any bridge, tunnel, ferry, installation, plant or facility, or any part thereof, within the borders of such state, or to prohibit the enforcement of any laws, rules and regulations, or the execution of any plan with regard thereto.

 

Article IX

 

This compact shall continue in force and remain binding on each signatory state until the Legislature or the Governor of such state gives notice of withdrawal therefrom. Such notice of withdrawal shall not be effective until six months after said notice has been given to the Governor of each of the other signatory states.

51c4701h

 

 

CHAPTER 47

FRESH PURSUIT BY MILITARY FORCES

 

Sec.

4701.  Fresh pursuit by Commonwealth forces.

4702.  Fresh pursuit by forces of other states.

 

Enactment.  Chapter 47 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.

51c4701s

§ 4701.  Fresh pursuit by Commonwealth forces.

(a)  General rule.--No military forces of this Commonwealth, other than the Pennsylvania National Guard, shall be required to serve outside the boundaries of this Commonwealth, except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this Commonwealth into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, provided such other state shall have given authority by law for such pursuit by such forces of the Commonwealth.

(b)  Surrender of prisoner by Commonwealth forces.--Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this Commonwealth, shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this Commonwealth.

51c4702s

§ 4702.  Fresh pursuit by forces of other states.

(a)  General rule.--Any military forces, or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this Commonwealth until the military or police forces of this Commonwealth or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this Commonwealth while in fresh pursuit.

(b)  Surrender of prisoner to Commonwealth forces.--Any such person who shall be captured or arrested by the military forces of such other state while in this Commonwealth, shall, without unnecessary delay, be surrendered to the military or police forces of this Commonwealth, to be dealt with according to law.

(c)  Construction of section.--This section shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.

51c5100h

 

 

PART IV

MILITARY JUSTICE

 

Chapter

51.  General Provisions

52.  Apprehension and Restraint

53.  Nonjudicial Punishment

54.  Courts-martial Jurisdiction

55.  Appointment and Composition of Courts-martial

56.  Pretrial Procedure

57.  Trial Procedure

58.  Sentences

59.  Posttrial Procedure and Review of Courts-martial

60.  Punitive Sections

61.  Miscellaneous Provisions

 

Enactment.  Part IV was added August 1, 1975, P.L.185, No.91, effective January 1, 1976.

Prior Actions.  Section 3 of Act 192 of 2012 provided that all actions initiated or commenced under the provisions of Part IV before the effective date of section 3 shall proceed to conclusion following the law and procedures in effect on the date the action was initiated or commenced.

 

 

CHAPTER 51

GENERAL PROVISIONS

 

Sec.

5100.  Short title of part (Repealed).

5101.  Short title of part.

5102.  Definitions.

5103.  Persons subject to part.

5104.  Subject matter jurisdiction.

5105.  Jurisdiction to try certain personnel.

5106.  Dismissal of commissioned officer.

5107.  Territorial applicability.

5108.  Judge advocates and legal officers.

 

Enactment.  Chapter 51 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 51, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5100s

§ 5100.  Short title of part (Repealed).

 

51c5100v

 

2012 Repeal.  Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5101s

§ 5101.  Short title of part.

This part shall be known and may be cited as the Pennsylvania Code of Military Justice.

51c5102s

§ 5102.  Definitions.

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accuser."  A person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another or any other person who has an interest other than an official interest in the prosecution of the accused.

"Adjutant General."  The Adjutant General of the Commonwealth of Pennsylvania.

"Cadet," "candidate" or "midshipman."  A person who is enrolled in or attending a State military academy, a regional training institute or any other formal education program for the purpose of becoming a commissioned or warrant officer in the State military forces.

"Classified information."  Any of the following:

(1)  Information or material that has been determined by an official of the United States or any state pursuant to law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or State security.

(2)  Restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (68 Stat. 921, 42 U.S.C. § 2014(y)).

"Commanding officer" or "commander."  The Adjutant General and other commissioned officers of the State military forces when exercising command over a unit or element. The term includes officers in charge only when administering nonjudicial punishment under section 5301 (relating to commanding officer's nonjudicial punishment).

"Convening authority."  Includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command.

"Day" or "calendar day."  Any punishment authorized by this part, which is measured in terms of days, shall, when served in a status other than annual field training, be construed to mean succeeding duty days. The term is not synonymous with the term "unit training assembly."

"Department."  The Department of Military and Veterans Affairs of the Commonwealth.

"Duty status other than State active duty."  Any other type of duty under an order issued by authority of law not in Federal service and not full-time duty in the active service of the State. The term includes travel to and from the duty.

"Enemy."  An organization, entity or individual who engages in combat or hostilities against the State military forces or attacks or threatens to attack the United States or this Commonwealth.

"Enlisted member."  A person in an enlisted grade.

"Fatigue duties."  Duties, including, but not limited to, cleaning real property and facilities, kitchen duties and disposal of refuse duties which are not within the day-to-day duties of a member of the State military forces.

"Grade."  A step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

"Judge advocate."  A commissioned officer of the State military forces who is a member in good standing of the bar of the Supreme Court and is:

(1)  certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy or Marine Corps or designated as a law specialist as an officer of the Coast Guard or a reserve component of one of these; or

(2)  certified as a nonfederally recognized judge advocate, under regulations promulgated under this paragraph, by the State Judge Advocate, as competent to perform such military justice duties required by this part. If the State Judge Advocate is not available, the certification may be made by the senior judge advocate or the commander of another force in the State military forces, as the convening authority directs.

"May."  Is used in a permissive sense. The phrase "no person may............." means that no person is required, authorized or permitted to do the act prescribed.

"Military court."  A court-martial or a court of inquiry.

"Military judge."  An official of a general or special court-martial detailed in accordance with section 5505 (relating to military judge of a general or special court-martial).

"Military offenses."  Those offenses described under Chapter 60 (relating to punitive sections) which are military in nature and for which there are no analogous criminal offenses described in any other law of this Commonwealth.

"National security."  The national defense and foreign relations of the United States.

"Nonmilitary offenses."  Those offenses described under Chapter 60 (relating to punitive sections) for which there are one or more analogous criminal offenses described in any other law of this Commonwealth.

"Record."  When used in connection with the proceedings of a court-martial, any of the following:

(1)  An official written transcript, written summary or other writing relating to the proceedings.

(2)  An official audiotape, videotape, digital image or file or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.

"Senior force commander."  The commander of the same force of the State military forces as the accused.

"Shall."  Is used in an imperative sense.

"State."  One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the Virgin Islands.

"State active duty."  Full-time duty in the State military forces under an order of the Governor or otherwise issued by authority of law and paid by State funds. The term includes travel to and from such duty for an emergency ordered under section 508 (relating to active duty for emergency) and special State duty ordered under section 1415 of the act of April 29, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

"State Judge Advocate."  The judge advocate designated as responsible for supervising the administration of the military justice in the State military forces. He shall be the military staff judge advocate to the Governor and the Adjutant General.

"State military forces."  Any military force of the Commonwealth not in a status subjecting it to the exclusive jurisdiction of the United States. The term shall include militia when ordered into actual service for emergency under section 507 (relating to draft from militia for emergency) and the Pennsylvania National Guard.

"Superior commissioned officer."  A commissioned officer superior in rank and command.

"War."  A period of armed conflict declared a war by the Congress of the United States or recognized by the Adjutant General as a war by virtue of a declaration of national emergency and authorization by Congress.

51c5102v

 

Cross References.  Section 5102 is referred to in section 5506 of this title.

51c5103s

§ 5103.  Persons subject to part.

This part applies to all members of the State military forces who are not in a Federal status under which they are subject to the Uniform Code of Military Justice (64 Stat. 109, 10 U.S.C. § 801 et seq.).

51c5104s

§ 5104.  Subject matter jurisdiction.

(a)  General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.

(b)  Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.

(c)  Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.

(d)  Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense.

51c5104v

 

Cross References.  Section 5104 is referred to in sections 5107, 6045 of this title.

51c5105s

§ 5105.  Jurisdiction to try certain personnel.

(a)  Discharge obtained fraudulently.--Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained a discharge shall be, subject to section 5708 (relating to statute of limitations), subject to trial by court-martial on said charge and shall after apprehension be subject to this part while in custody under the direction of the State military forces for that trial. Upon conviction of said charge, the person shall be subject to trial by court-martial for all offenses under this part committed before the fraudulent discharge.

(b)  Deserters.--No person subject to this part who has deserted from the State military forces shall be relieved from amenability to the jurisdiction of this part by virtue of a separation from any subsequent period of service.

51c5106s

§ 5106.  Dismissal of commissioned officer.

(a)  Court-martial proceedings.--Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which the officer was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but, if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

(b)  Failure to convene court-martial.--If the Governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

51c5107s

§ 5107.  Territorial applicability.

(a)  General rule.--This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction).

(b)  Location of proceedings.--Courts-martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside this Commonwealth with the same jurisdiction and powers as to persons subject to this part as if the proceedings were held inside this Commonwealth, and persons subject to this part accused of committing offenses outside this Commonwealth shall be subject to trial and punishment either inside or outside this Commonwealth.

51c5108s

§ 5108.  Judge advocates and legal officers.

(a)  Appointment of State Judge Advocate.--The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar of the Supreme Court for at least five years.

(b)  Field inspections.--The State Judge Advocate and the judge advocates of the State military forces or their delegates shall make frequent inspections in the field in supervision of the administration of military justice.

(c)  Direct communication.--Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the State Judge Advocate.

(d)  Disqualification in case.--No person who has acted as a member, military judge, trial counsel, defense counsel or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.

51c5201h

 

 

CHAPTER 52

APPREHENSION AND RESTRAINT

 

Sec.

5201.  Apprehension.

5202.  Apprehension of persons absent without leave.

5203.  Imposition of restraint.

5204.  Restraint of persons charged with offenses.

5205.  Place of confinement.

5206.  Reports and receiving of prisoners.

5207.  Punishment prohibited before trial.

5208.  Delivery of offenders to civil authorities.

5209.  Confinement with enemy prisoners prohibited.

 

Enactment.  Chapter 52 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 52, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5201s

§ 5201.  Apprehension.

(a)  Persons authorized to apprehend.--Any person authorized by this part, by 10 U.S.C. Ch. 47 (relating to Uniform Code of Military Justice) or by regulations issued under:

(1)  any marshal of a court-martial appointed under the provisions of this part; or

(2)  any peace officer or civil officer authorized by law, may apprehend persons subject to this part upon probable cause that an offense under this part has been committed and that the person apprehended committed it.

(b)  Authority of officers.--Commissioned officers, warrant officers, petty officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this part and to apprehend persons subject to this part who take part therein.

(c)  Apprehension outside Commonwealth.--If a person subject to this part is apprehended outside this Commonwealth, the person's return to this Commonwealth must be in accordance with normal extradition procedures or by reciprocal agreement.

(d)  Payment prohibited.--No person authorized by this section to apprehend persons subject to this part, or place where such offender is confined, restrained, held or otherwise housed may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding or otherwise housing a person except as otherwise provided by law.

(e)  Warrant authority.--The convening authority of any court-martial shall have the power to issue warrants of apprehension directed to the sheriff or any constable or peace officer of a county to apprehend persons subject to this part charged with an offense under this part and to deliver such persons into the custody of the State military forces.

(f)  Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Apprehension."  The taking of a person subject to this part into custody.

51c5202s

§ 5202.  Apprehension of persons absent without leave.

Any civil officer having authority to apprehend offenders under the laws of the United States or of this Commonwealth, or any military officer subject to this part who has been authorized by the Governor by regulation, may summarily apprehend any person subject to this part absent without leave from the State military forces and deliver him into the custody of the State military forces.

51c5203s

§ 5203.  Imposition of restraint.

(a)  Enlisted personnel.--An enlisted person subject to this part may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this part or through any person authorized by this part to apprehend persons. A commanding officer may authorize warrant officers, petty officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.

(b)  Commissioned officers and warrant officers.--A commissioned officer or a warrant officer subject to this part may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

(c)  Probable cause.--No person subject to this part may be ordered into arrest or confinement except for probable cause.

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

(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Arrest."  The restraint of a person subject to this part by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.

"Confinement."  The physical restraint of a person subject to this part.

51c5204s

§ 5204.  Restraint of persons charged with offenses.

(a)  General rule.--Any person subject to this part charged with an offense under this part may be ordered into arrest or confinement. When any person subject to this part is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused, and diligent steps shall be taken to try the person or to dismiss the charges and release the person.

(b)  Admission to bail.--The accused, if apprehended or ordered into confinement prior to or during trial by a military court, may be admitted to bail by the officer exercising special court-martial jurisdiction over the accused, by a superior commanding officer or by the Adjutant General.

51c5205s

§ 5205.  Place of confinement.

Persons subject to this part confined before, during or after trial by a military court shall be confined in a civilian or military confinement facility.

51c5205v

 

Cross References.  Section 5205 is referred to in section 5206 of this title.

51c5206s

§ 5206.  Reports and receiving of prisoners.

(a)  Duty to receive prisoner.--Unless otherwise authorized by law, no facility authorized to receive prisoners under section 5205 (relating to place of confinement) may refuse to receive or keep any prisoner subject to this part and committed to the facility's charge by a commissioned officer of the State military forces when the officer furnishes a statement, signed by the officer, of the offense charged against the prisoner.

(b)  Report of commitment.--Every facility authorized to receive prisoners under section 5205 to whose charge a prisoner subject to this part is committed shall, within 24 hours after that commitment, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner and the name of the person who ordered or authorized the commitment. If the facility receiving and holding a prisoner is unable to contact the prisoner's commanding officer, the facility shall make the report to the office of Adjutant General at the Joint Force Headquarters.

51c5207s

§ 5207.  Punishment prohibited before trial.

Subject to section 5804 (relating to effective date of sentence), no person subject to this part while being held for trial or the result of trial may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure the person's presence. The person may be subjected to minor punishment during that period for infractions of discipline.

51c5208s

§ 5208.  Delivery of offenders to civil authorities.

(a)  General rule.--Under such regulations as may be prescribed under this part, a person subject to this part accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.

(b)  Effect on sentence of court-martial.--When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial. The offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of such sentence of the court-martial.

51c5209s

§ 5209.  Confinement with enemy prisoners prohibited.

No member of the State military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals who are not members of the armed forces.

51c5301h

 

 

CHAPTER 53

NONJUDICIAL PUNISHMENT

 

Sec.

5301.  Commanding officer's nonjudicial punishment.

 

Enactment.  Chapter 53 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 53, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5301s

§ 5301.  Commanding officer's nonjudicial punishment.

(a)  General rule.--Under such regulations as the Governor may prescribe, any commanding officer or officer-in-charge may impose disciplinary punishments for minor offenses without the intervention of a court-martial. The Governor, the Adjutant General or a general officer or colonel in command may delegate the powers under this section to a principal assistant who is a member of the State military forces.

(b)  Punishments by any commanding officer.--Any commanding officer may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1)  An admonition.

(2)  A reprimand.

(3)  The withholding of privileges for not more than six months, which need not be consecutive.

(4)  The forfeiture of pay of not more than seven days' pay.

(5)  A fine of not more than seven days' pay or $200, whichever is less.

(6)  A reduction to the next inferior pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction.

(7)  Extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive.

(8)  Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.

(c)  Punishments by major or lieutenant commander and other officers.--Any commanding officer of the rank of major or lieutenant commander or above may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1)  Any punishment authorized in subsection (b)(1), (2) and (3).

(2)  The forfeiture of not more than one-half of one month's pay per month for two months.

(3)  A fine of not more than one month's pay or $500, whichever is less.

(4)  A reduction to the lowest or any intermediate pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction. An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(5)  Extra duties, including fatigue or other duties, for not more than 45 days which need not be consecutive.

(6)  Restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.

(d)  Punishments by the Governor, Adjutant General and high officers.--The Governor, the Adjutant General, an officer exercising general court-martial convening authority or an officer of a general or flag rank in command may impose any of the following disciplinary punishments:

(1)  Upon officers:

(i)  Any punishment authorized in subsection (c)(1), (2), (3) and (6).

(ii)  Arrest in quarters for not more than 30 days, which need not be consecutive.

(2)  Upon enlisted members, any punishment authorized in subsection (c).

(e)  Limits for consecutive punishments.--Whenever any punishments authorized under this section are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the highest punishment the Governor, Adjutant General or officer may impose. Punishments must be apportioned so that no single punishment exceeds its authorized length under this section.

(f)  Preliminary requirements.--Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by court-martial in lieu of nonjudicial punishment.

(g)  Reduction of penalty.--The officer who imposes the punishment, or the successor in command, may at any time suspend, set aside, mitigate or remit any part or amount of the punishment and restore all rights, privileges and property affected. The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the mitigated punishment. The officer also may:

(1)  Mitigate reduction in grade to forfeiture of pay.

(2)  Mitigate arrest in quarters to restriction.

(3)  Mitigate extra duties to restriction.

(h)  Appeal from punishment.--A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is announced or sent to the person. The appeal shall be promptly forwarded and decided. While awaiting a decision, the person appealing the punishment may be required to begin to serve the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) by the officer who imposed the punishment. Before acting on an appeal of a punishment, the superior authority may refer the case to a judge advocate for consideration and advice.

(i)  Additional proceedings.--The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this section. The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(j)  Application of forfeiture.--Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on or after the date that punishment is imposed.

(k)  Records of proceedings.--The form of records to be kept of proceedings under this section may be prescribed by regulations adopted by the department. The regulations may prescribe that certain categories of the proceedings be in writing.

(l)  Restrictions.--When punishment has been imposed under this section for an offense, nonjudicial punishment may not again be imposed for the same offense. Once nonjudicial punishment has been imposed, it may not be increased upon appeal or otherwise. When a commander determines that nonjudicial punishment is appropriate for a particular service member, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments. This subsection does not restrict the commander's right to prefer court-martial charges for a nonminor offense previously punished under the provisions of this section.

51c5301v

 

Cross References.  Section 5301 is referred to in sections 5102, 5708 of this title.

51c5401h

 

 

CHAPTER 54

COURTS-MARTIAL JURISDICTION

 

Sec.

5401.  Courts-martial classified.

5402.  Jurisdiction of courts-martial in general.

5403.  Jurisdiction of general courts-martial.

5404.  Jurisdiction of special courts-martial.

5405.  Jurisdiction of summary courts-martial.

5406.  Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.

5407.  Record of proceedings.

5408.  Confinement instead of fine (Repealed).

 

Enactment.  Chapter 54 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 54, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5401s

§ 5401.  Courts-martial classified.

The three kinds of courts-martial in the State military forces are:

(1)  General courts-martial, consisting of:

(i)  a military judge and not less than five members; or

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

(2)  Special courts-martial, consisting of:

(i)  a military judge and not less than three members; or

(ii)  only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (1)(ii) so requests.

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

51c5401v

 

Cross References.  Section 5401 is referred to in sections 5508, 5706 of this title.

51c5402s

§ 5402.  Jurisdiction of courts-martial in general.

Each force of the State military forces has court-martial jurisdiction over all members of the force who are subject to this part. The Pennsylvania National Guard has court-martial jurisdiction over all members subject to this part.

51c5402v

 

Cross References.  Section 5402 is referred to in sections 5403, 5404, 5405 of this title.

51c5403s

§ 5403.  Jurisdiction of general courts-martial.

Subject to section 5402 (relating to jurisdiction of courts-martial in general), general courts-martial have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any punishment not prohibited by this part including any of the following punishments:

(1)  A fine of not more than $10,000.

(2)  Confinement for not more than five years.

(3)  Forfeiture of all pay and allowances for a period not exceeding five years.

(4)  Dismissal, dishonorable discharge or bad-conduct discharge.

(5)  Reduction of an enlisted member to any lower enlisted grade.

(6)  A reprimand.

(7)  Any combination of these punishments.

51c5404s

§ 5404.  Jurisdiction of special courts-martial.

Subject to section 5402 (relating to jurisdiction of courts-martial in general), special courts-martial shall have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:

(1)  A fine of not more than $2,500.

(2)  Confinement for not more than one year.

(3)  Forfeiture of all pay and allowances for a period not exceeding one year.

(4)  A bad-conduct discharge.

(5)  Reduction of an enlisted member to any lower enlisted grade.

(6)  A reprimand.

(7)  Any combination of these punishments.

51c5405s

§ 5405.  Jurisdiction of summary courts-martial.

(a)  General rule.--Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts-martial shall have jurisdiction to try all persons subject to this part, except officers, cadets, candidates and midshipmen, for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:

(1)  A fine of not more than $500.

(2)  Confinement for not more than ten days.

(3)  Restriction to specified limits for no more than two months.

(4)  Forfeiture of not more than two-thirds of pay for a period not exceeding one month.

(5)  Reduction to the next lower grade.

(b)  Objection to summary court-martial.--No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial, as may be appropriate.

51c5406s

§ 5406.  Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.

In the State military forces, no sentence of dismissal, dishonorable discharge or bad-conduct discharge shall be executed until it is approved by the Governor.

51c5406v

 

Cross References.  Section 5406 is referred to in section 6111 of this title.

51c5407s

§ 5407.  Record of proceedings.

A complete written record of proceedings and testimony shall be made for any general court-martial under this part. A bad-conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.

51c5408s

§ 5408.  Confinement instead of fine (Repealed).

 

51c5408v

 

2012 Repeal.  Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5501h

 

 

CHAPTER 55

APPOINTMENT AND COMPOSITION OF

COURTS-MARTIAL

 

Sec.

5501.  Who may convene general courts-martial.

5502.  Who may convene special courts-martial.

5503.  Who may convene summary courts-martial.

5504.  Who may serve on courts-martial.

5505.  Military judge of a general or special court-martial.

5506.  Appointment of trial counsel and defense counsel.

5507.  Detail or employment of reporters and interpreters.

5508.  Absent and additional members.

 

Enactment.  Chapter 55 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 55, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5501s

§ 5501.  Who may convene general courts-martial.

(a)  General rule.--General courts-martial may be convened by any of the following:

(1)  The Governor.

(2)  The Adjutant General.

(3)  A deputy adjutant general authorized by a regulation of the Governor.

(4)  The commanding general of a division.

(5)  The general officer in command of a wing.

(b)  Commanding officer as accuser.--When a commanding officer is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such authority when deemed desirable by such authority.

51c5502s

§ 5502.  Who may convene special courts-martial.

(a)  General rule.--Special courts-martial may be convened by any of the following:

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

(2)  The commanding officer of a garrison, fort, post, camp, station, Pennsylvania National Guard base or station.

(3)  The commanding officer of a brigade, regiment or corresponding unit of the Army.

(4)  The commanding officer of a group or corresponding unit of the Air Force.

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

51c5503s

§ 5503.  Who may convene summary courts-martial.

(a)  General rule.--Summary courts-martial may be convened by any of the following:

(1)  Any person who may convene a general or special court-martial.

(2)  The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army.

(3)  The commanding officer of a squadron, a detached squadron or other detachment or corresponding unit of the Air Force.

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

(b)  Commissioned officer or superior authority.--When only one commissioned officer is present with a command or detachment, that officer shall preside over the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him, provided that the officer is not the accuser or a witness. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.

51c5504s

§ 5504.  Who may serve on courts-martial.

(a)  Commissioned officer.--Any commissioned officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(b)  Warrant officer.--Any warrant officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(c)  Enlisted member.--Any enlisted member of the State military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial. The member shall serve as a member of a court only if, prior to the conclusion of a session called by the military judge under section 5704 (relating to sessions), or prior to trial, or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial, the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.

(d)  Ineligible persons.--

(1)  Except in exigent circumstances, no person subject to this part may be tried by a court-martial any member of which is junior to him in rank or grade.

(2)  When convening a court-martial, the convening authority shall detail as members thereof such members of the State military forces 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 State military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser or a witness or has acted as investigating officer or as counsel in the same case.

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

(f)  Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Unit."  Any regularly organized body of the State military forces not larger than a company or a squadron or a body corresponding to one of them.

51c5505s

§ 5505.  Military judge of a general or special court-martial.

(a)  General rule.--A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

(b)  Eligibility.--A military judge shall be:

(1)  a judge advocate in the grade of lieutenant colonel or above in the State military forces, a federally recognized judge advocate of the National Guard of another state, a judge advocate of the armed forces of the United States or a retired judge advocate of the State military forces in the grade of lieutenant colonel or above who retired no more than ten years prior to the date of trial;

(2)  a member in good standing of the bar of the Supreme Court or the highest court of another state or a member of the bar of a Federal court for at least five years; and

(3)  certified as qualified for duty as a military judge by the State Judge Advocate or other appropriate authority after completion of such training and certification required for military judges in any of the armed forces of the United States.

(c)  Pro hac vice admission.--When a military judge is not a member of the bar of the Supreme Court, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualifications required under subsection (b).

(d)  Designation.--The military judge of a general or special court-martial shall be designated by the State Judge Advocate or a designee for detail in the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed which relates to performance of duty as a military judge.

(e)  Ineligibility.--No person is eligible to serve as military judge if the person is the accuser or a witness in the case or has acted as investigating officer or a counsel in the case.

(f)  Limitation on powers.--The military judge may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel. The military judge shall not vote with the members of the court.

51c5505v

 

Cross References.  Section 5505 is referred to in section 5102 of this title.

51c5506s

§ 5506.  Appointment of trial counsel and defense counsel.

(a)  General rule.--For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor shall any person who has acted for the defense act later in the same case for the prosecution.

(b)  Eligibility.--Any person who is detailed trial counsel or defense counsel in the case of a general or a special court-martial shall be a judge advocate as defined in section 5102 (relating to definitions).

(c)  Pro hac vice admission.--When a defense counsel is not a member of the bar of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualification required under subsection (b).

51c5506v

 

Cross References.  Section 5506 is referred to in section 5703 of this title.

51c5507s

§ 5507.  Detail or employment of reporters and interpreters.

Under such regulations as the Governor or department may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.

51c5508s

§ 5508.  Absent and additional members.

(a)  Authorized absence.--No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused, except by the military judge as a result of a challenge, for physical disability or other good cause or by order of the convening authority for good cause.

(b)  New members of general court-martial.--Whenever a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.

(c)  New members of special court-martial.--Whenever a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused and counsel for both sides.

(d)  New military judge of court-martial.--If the military judge of a court-martial composed of only a military judge is unable to proceed with the trial because of physical disability, as a result of a challenge or for other good cause, the trial shall proceed, subject to any applicable conditions of section 5401 (relating to courts-martial classified), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.

51c5508v

 

Cross References.  Section 5508 is referred to in sections 5704, 5706 of this title.

51c5601h

 

 

CHAPTER 56

PRETRIAL PROCEDURE

 

Sec.

5601.  Charges and specifications.

5602.  Compulsory self-incrimination prohibited.

5603.  Investigation.

5604.  Forwarding of charges.

5605.  Advice of judge advocate and reference for trial.

5606.  Service of charges.

 

Enactment.  Chapter 56 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 56, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5601s

§ 5601.  Charges and specifications.

(a)  Execution and contents.--Charges and specifications shall be signed by a person subject to this part under oath before a commissioned officer authorized by this part to administer oaths and shall state:

(1)  That the signer has personal knowledge of or has investigated the matters set forth therein.

(2)  That they are true in fact to the best of the signer's knowledge and belief.

(b)  Disposition.--Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline. The person accused shall be informed of the charges against him as soon as practicable.

51c5601v

 

Cross References.  Section 5601 is referred to in section 5714 of this title.

51c5602s

§ 5602.  Compulsory self-incrimination prohibited.

(a)  General rule.--No person subject to this part shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate the person.

(b)  Advising accused of rights.--No person subject to this part shall interrogate or request any statement from an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the person that he does not have to make any statement regarding the offense of which he is accused or suspected, that the person has a right to be represented by counsel and that any statement made by the person may be used as evidence against him in a trial by court-martial.

(c)  Immaterial or degrading evidence.--No person subject to this part shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.

(d)  Unlawfully obtained statement inadmissible.--No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence or unlawful inducement shall be received in evidence against him in a trial by court-martial.

51c5603s

§ 5603.  Investigation.

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

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

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

(d)  Additional offenses.--If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

(1)  present at the investigation;

(2)  informed of the nature of each uncharged offense investigated; and

(3)  afforded the rights of representation, cross-examination and presentation prescribed in subsection (b).

(e)  Requirements mandatory.--The requirements of this section are binding on all persons administering this part, but failure to follow them does not constitute jurisdictional error.

51c5603v

 

Cross References.  Section 5603 is referred to in sections 5605, 5703 of this title.

51c5604s

§ 5604.  Forwarding of charges.

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

51c5605s

§ 5605.  Advice of judge advocate and reference for trial.

(a)  General rule.--Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate of all of the following:

(1)  The specification alleges an offense under this part.

(2)  The specification is warranted by the evidence indicated in the report of investigation under section 5603 (relating to investigation), if there is such a report.

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

(b)  Advice of judge advocate.--The advice of the judge advocate under subsection (a), with respect to a specification under a charge, shall include a written and signed statement by the judge advocate expressing conclusions with respect to each matter set forth in subsection (a) and recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.

(c)  Changes in charges and specifications.--If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made by the appointing authority.

51c5606s

§ 5606.  Service of charges.

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person shall, against the person's objection, be brought to trial in a general court-martial case within a period of five days after the service of charges upon the person or in a special court-martial within a period of three days after the service of charges upon the person.

51c5606v

 

Cross References.  Section 5606 is referred to in section 5704 of this title.

51c5701h

 

 

CHAPTER 57

TRIAL PROCEDURE

 

Sec.

5701.  Governor and department may prescribe rules.

5702.  Unlawfully influencing action of court.

5703.  Duties of trial counsel and defense counsel.

5704.  Sessions.

5705.  Continuances.

5706.  Challenges.

5707.  Oaths or affirmations.

5708.  Statute of limitations.

5709.  Former jeopardy.

5710.  Pleas of the accused.

5711.  Opportunity to obtain witnesses and other evidence.

5712.  Refusal to appear or testify.

5713.  Contempts.

5714.  Depositions.

5715.  Admissibility of records of courts of inquiry.

5716.  Voting and rulings.

5717.  Number of votes required.

5718.  Court to announce action.

5719.  Record of trial.

5720.  Defense of lack of mental responsibility.

5721.  Effect of finding of lack of mental capacity on trial proceedings.

5722.  Trial finding of lack of mental responsibility.

 

Enactment.  Chapter 57 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 57, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5701s

§ 5701.  Governor and department may prescribe rules.

(a)  General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in courts-martial of the armed forces but which shall not be contrary to or inconsistent with this part.

(b)  Uniformity.--All rules and regulations made pursuant to the provisions of this section shall be uniform insofar as practicable among the State military forces.

51c5701v

 

Cross References.  Section 5701 is referred to in sections 5703, 5704 of this title.

51c5702s

§ 5702.  Unlawfully influencing action of court.

(a)  General rule.--No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this part may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts.

(b)  Exceptions.--Subsection (a) shall not apply with respect to any of the following:

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

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

(c)  Performance reports on members and counsel.--In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the State military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the State military forces or in determining whether a member of the State military forces should be retained on active status, no person subject to this part may, in preparing any such report:

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

(2)  give a less favorable rating or evaluation of any counsel because of the zeal with which counsel represented the accused before a court-martial.

51c5703s

§ 5703.  Duties of trial counsel and defense counsel.

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

(b)  Defense counsel.--

(1)  The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 5603 (relating to investigation). The accused may be represented by civilian counsel at the provision and expense of the accused or may be represented by military counsel of his own selection if reasonably available or by the defense counsel appointed under section 5506 (relating to appointment of trial counsel and defense counsel).

(2)  Should the accused have civilian counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall act as associate counsel unless excused at the request of the accused.

(3)  Except as provided under paragraph (4), should the accused have military counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed may be excused by the military judge.

(4)  The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 5701 (relating to Governor and department may prescribe rules) may prescribe rules to detail counsel and may do any of the following:

(i)  Detail additional military counsel as assistant defense counsel.

(ii)  If the accused is represented by military counsel of the accused's own selection, approve a request from the accused that military counsel detailed to the accused act as associate defense counsel.

(5)  The State Judge Advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

(c)  Brief by defense counsel.--In any court-martial proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of such matters he determines should be considered, on behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate.

(d)  Assistant trial counsel.--An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or if he is qualified to be a trial counsel under section 5506, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(e)  Assistant defense counsel.--An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or if he is qualified to be the defense counsel under section 5506, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.

51c5704s

§ 5704.  Sessions.

(a)  Proceedings in absence of members.--At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 5606 (relating to service of charges), call the court into session without the presence of the members for the purpose of:

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

(2)  hearing and ruling upon any matter which may be ruled upon by the military judge under this section, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(3)  holding the arraignment and receiving the pleas of the accused; and

(4)  performing any other procedural function which may be performed by the military judge under this part or under rules prescribed pursuant to section 5701 (relating to Governor and department may prescribe rules) and which does not require the presence of the members of the court.

These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to the provisions of section 5508 (relating to absent and additional members).

(b)  Other proceedings.--When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and the military judge.

51c5704v

 

Cross References.  Section 5704 is referred to in section 5504 of this title.

51c5705s

§ 5705.  Continuances.

The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

51c5706s

§ 5706.  Challenges.

(a)  Challenges for cause.--The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. If exercise of a challenge for cause reduces the court below the minimum number of members required by section 5401 (relating to courts-martial classified), the parties shall, notwithstanding section 5508 (relating to absent and additional members), exercise or waive any challenge for cause against the remaining members of the court before additional members are detailed to the court.

(b)  Preemptory challenges.--Each accused and the trial counsel are entitled to one initial peremptory challenge of members of the court. The military judge may not be challenged except for cause. When new members are detailed to the court to meet the minimum number of members required by section 5401 and after any challenges for cause against the new members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

51c5707s

§ 5707.  Oaths or affirmations.

(a)  General rule.--Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case shall be in accordance with regulations prescribed by the Governor or the department. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, assistant trial counsel, defense counsel or assistant defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and, if such an oath or affirmation is taken, it need not be taken again at the time the judge advocate or other person is detailed to that duty.

(b)  Witnesses.--Each witness before a court-martial shall be examined under oath or affirmation.

51c5708s

§ 5708.  Statute of limitations.

(a)  Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of nonjudicial punishment under section 5301.

(b)  Computation of period of limitation.--The following shall be excluded in computing the period of limitation prescribed in this section:

(1)  Periods in which the accused was absent without authority or fleeing from justice.

(2)  Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him or in the custody of civil authorities or in the hands of the enemy.

(3)  When the United States is at war, periods during war and until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress, when the accused commits any offense:

(i)  involving fraud or attempted fraud against the United States, the Commonwealth or any agency thereof in any manner, whether by conspiracy or not;

(ii)  in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or the Commonwealth; or

(iii)  in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of the war or with any disposition of termination inventory by any war contractor or government agency.

(c)  Subsequent action not barred.--If charges or specifications are dismissed before trial as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications:

(1)  are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and

(2)  allege the same acts or omissions that were included in the dismissed charges or specifications.

51c5708v

 

Cross References.  Section 5708 is referred to in section 5105 of this title.

51c5709s

§ 5709.  Former jeopardy.

(a)  General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction.

(b)  Definition of trial.--No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. However, a proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

51c5710s

§ 5710.  Pleas of the accused.

(a)  Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial:

(1)  an accused makes an irregular pleading;

(2)  after a plea of guilty an accused sets up matter inconsistent with the plea;

(3)  it appears that an accused has entered a plea of guilty improvidently or through lack of understanding or its meaning and effect; or

(4)  an accused fails or refuses to plead.

(b)  Plea of guilty.--With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

51c5710v

 

Cross References.  Section 5710 is referred to in section 5717 of this title.

51c5711s

§ 5711.  Opportunity to obtain witnesses and other evidence.

(a)  General rule.--The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor or department may prescribe.

(b)  Issuance of process.--The following shall apply to issuance of process:

(1)  Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part.

(2)  If process in paragraph (1) is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting.

(3)  If process in paragraphs (1) and (2) are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.

51c5712s

§ 5712.  Refusal to appear or testify.

Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such a court, who has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify or refuses to produce any evidence which that person may have been legally subpoenaed to produce is guilty of an offense and may be punished by the military court in the same manner as a criminal court of the Commonwealth.

51c5713s

§ 5713.  Contempts.

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence or who disturbs proceedings by any riot or disorder. The following punishments shall apply:

(1)  A person subject to this part may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both.

(2)  A person not subject to this part may be punished for contempt by a military court in the same manner used by a criminal court of the jurisdiction.

51c5714s

§ 5714.  Depositions.

(a)  General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.

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

(c)  Persons authorized to take depositions.--Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of this Commonwealth or by the laws of the place where the deposition is taken to administer oaths.

(d)  Admissibility in evidence.--A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file or similar material, may be played in evidence before any military court if it appears:

(1)  that the witness resides or is beyond the state in which the court is ordered to sit or beyond 100 miles from the place of trial or hearing;

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

(3)  that the present whereabouts of the witness is unknown.

51c5715s

§ 5715.  Admissibility of records of courts of inquiry.

(a)  Court-martial.--In any case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

(b)  Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge of a commissioned officer.

(c)  Court of inquiry.--Such testimony may also be read in evidence before a court of inquiry by either party.

51c5716s

§ 5716.  Voting and rulings.

(a)  Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

(b)  Questions of law and interlocutory questions.--The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 5717 (relating to number of votes required), beginning with the junior in rank.

(c)  Instructions to members of court.--Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:

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

(2)  that, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused shall be acquitted;

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

(4)  that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the prosecution.

(d)  Proceedings before military judge only.--Subsections (a), (b) and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

51c5717s

§ 5717.  Number of votes required.

(a)  Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken.

(b)  Other matters.--All other matters to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the accused's sanity is a determination against the accused. A tie vote on any other matter is a determination in favor of the accused.

51c5717v

 

Cross References.  Section 5717 is referred to in sections 5716, 5720 of this title.

51c5718s

§ 5718.  Court to announce action.

Every court-martial shall announce its findings and sentence to the parties as soon as determined.

51c5719s

§ 5719.  Record of trial.

(a)  General and special courts-martial.--Each general and special courts-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability or absence. In a court-martial consisting of only a military judge, if the record cannot be authenticated by the military judge by reason of his death, disability or absence, the record shall be authenticated by the signature of the court reporter. A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record shall contain such matters as the Governor or department may by regulation prescribe.

(b)  Summary court martial.--Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in such manner as the Governor or department may by regulation prescribe.

(c)  Furnishing record to accused.--A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

51c5720s

§ 5720.  Defense of lack of mental responsibility.

(a)  General rule.--It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

(b)  Burden of proof.--The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

(c)  Instructions or findings by military judge.--Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall:

(1)  in a court-martial not composed of only a military judge, instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility; or

(2)  in a court-martial composed of only a military judge, find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility.

(d)  Finding of not guilty.--Notwithstanding section 5717 (relating to number of votes required), the accused shall be found not guilty only by reason of lack of mental responsibility if:

(1)  a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2)  in the case of a court-martial composed of only a military judge, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

51c5721s

§ 5721.  Effect of finding of lack of mental capacity on trial proceedings.

(a)  Mental incapacity generally.--When the accused is determined under this part to be suffering from a mental disease or defect rendering him mentally incompetent such that he is unable to understand the nature of the proceedings against him or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for the accused shall commit him to the custody of an agency or facility providing services to persons with such a disease or defect.

(b)  Agency or facility action.--The agency or facility providing services shall take action in accordance with the jurisdictional laws applicable to persons incompetent to stand trial. If, at the end of the period for hospitalization, it is determined that the accused's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the law of the jurisdiction.

(c)  Recovery of accused.--When the director of a facility in which the accused is hospitalized determines that the accused has recovered to such an extent that he is able to understand the nature of the proceedings against him and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the general court-martial convening authority for the accused. The director shall send a copy of the notification to the defense counsel for the accused.

(d)  Receipt of notification of competence.--Upon receipt of a notification transmitted under subsection (c), the general court-martial convening authority shall promptly take custody of the accused unless he is no longer subject to this part. If the accused is no longer subject to this part, the agency or facility with custody of the accused shall take such action as authorized by law of the jurisdiction. The director of the facility may retain custody of the accused for not more than 30 days after transmitting the notifications required under subsection (c).

(e)  Court ordering commitment.--In the application of jurisdictional law applicable to persons incompetent to stand trial, references to the court that ordered the commitment of a person and to the clerk of such court shall be deemed to refer to the general court-martial convening authority for the accused. However, if the accused is no longer subject to this part, the State trial court with felony jurisdiction in the county where the accused is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the accused.

51c5722s

§ 5722.  Trial finding of lack of mental responsibility.

(a)  Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental responsibility, the accused shall be committed to a suitable facility until he is eligible for release in accordance with this section.

(b)  Hearing required.--The court-martial shall conduct a hearing on the mental condition of the accused in accordance with the jurisdictional law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court-martial convening authority for the accused.

(c)  Failure to find accused incompetent.--If the court-martial fails to find that the release of the accused would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a mental disease or defect of the accused, the following shall take place:

(1)  the general court-martial convening authority shall commit the accused to the custody of an agency or facility authorized to provide services to such persons; and

(2)  the agency or facility with custody of the accused shall take action in accordance with the jurisdictional law applicable to persons incompetent to stand trial.

(d)  Status change of accused while in custody.--If the status of an accused changes while the accused is in the custody of a Commonwealth agency, hospitalized or on conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment so that the accused is no longer subject to this part, the agency or facility with custody of action shall be taken in accordance with the jurisdictional law.

51c5801h

 

 

CHAPTER 58

SENTENCES

 

Sec.

5801.  Cruel and unusual punishments prohibited.

5802.  Maximum limits.

5803.  Grading of offenses.

5804.  Effective date of sentences.

5805.  Execution of confinement.

5806.  Deferment of sentences.

5807.  Reduction in enlisted grade.

5808.  Forfeiture of pay and allowances during confinement.

 

Enactment.  Chapter 58 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 58, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5801s

§ 5801.  Cruel and unusual punishments prohibited.

Punishment by flogging or by branding, marking or tattooing on the body or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this part. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

51c5802s

§ 5802.  Maximum limits.

(a)  General rule.--The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or department may prescribe for that offense. In no instance may a sentence to confinement exceed more than five years for a military offense.

(b)  Punitive offenses.--The limits of punishment for an offense described in Chapter 60 (relating to punitive sections) shall be prescribed by the Governor or department by regulation. In no instance shall any punishment exceed that authorized by this section or the maximum punishment authorized by the United States Manual for Courts-Martial.

51c5803s

§ 5803.  Grading of offenses.

(a)  Felonies.--A conviction by general court-martial for any military offense for which an accused may receive a sentence of confinement for more than one year is the equivalent of a felony offense.

(b)  Misdemeanors.--Except for convictions by a summary court-martial, all other military offenses are the equivalents of misdemeanors.

(c)  Noncriminal.--Any conviction by a summary court-martial is not a criminal conviction.

51c5804s

§ 5804.  Effective date of sentences.

(a)  Forfeiture of pay and allowances.--Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

(b)  Confinement.--Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(c)  Other sentences.--All other sentences of courts-martial are effective on the date ordered executed.

51c5804v

 

Cross References.  Section 5804 is referred to in section 5207 of this title.

51c5805s

§ 5805.  Execution of confinement.

(a)  Place of confinement.--A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this part. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

(b)  Authority to require hard labor.--The omission of the words "hard labor" from any sentence or punishment authorized under this part does not deprive the confinement facility executing that sentence or punishment of the power to require hard labor as a part of the punishment if it is otherwise within the authority of that facility to do so.

(c)  Refusal to accept accused prohibited.--No place of confinement may refuse or decline to accept an accused sentenced to confinement under this part or require payment of any fee or charge for so receiving or confining an accused except as otherwise provided by law. Any such fee or charge shall not exceed a per diem charge of $25 per day if otherwise authorized by law.

51c5806s

§ 5806.  Deferment of sentences.

(a)  Deferment upon application of accused.--On application by an accused, the convening authority or the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in that person's sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(b)  Deferment without consent of accused.--The convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States or a foreign country. This subsection applies to a person subject to this part who:

(1)  while in the custody of a state, the United States or a foreign country, is temporarily returned by that state, the United States or foreign country to the State military forces for trial by court-martial; and

(2)  after the court-martial, is returned to that state, the United States or foreign country under the authority of a mutual agreement or treaty.

(c)  Deferment while review of case is pending.--When a  sentence to confinement has been ordered executed but review of the case is pending under section 5909 (relating to review by a board of review), the Adjutant General may defer further service of the sentence to confinement while the review is pending.

51c5807s

§ 5807.  Reduction in enlisted grade.

(a)  General rule.--An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall receive a reduction in pay grade to E-1 effective on the date the sentence is approved.

(b)  Sentence no longer effective.--If an enlisted member receives a reduction in pay grade under subsection (a) and the sentence which led to a reduction in pay grade is later set aside, disapproved or, as finally approved, does not include a dishonorable or bad-conduct discharge or confinement, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay grade and allowances.

51c5808s

§ 5808.  Forfeiture of pay and allowances during confinement.

(a)  General rule.--An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole as provided in this subsection. The forfeiture shall take effect on the date the sentence was approved. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due the enlisted member during such period and in the case of a special court-martial shall be two-thirds of all pay due the enlisted member during such period.

(b)  Exception.--The convening authority or other person acting under section 5903 (relating to action on general court-martial records) may waive any or all requirements under subsection (a) for a period not to exceed six months if the accused has dependents. Any amount of pay or allowances that would be forfeited under subsection (a) shall be paid to the dependents of the accused.

(c)  Sentence no longer effective.--If an enlisted member is forced to forfeit pay and allowances under subsection (a) and the sentence which led to the forfeiture is later set aside, disapproved or, as finally approved, does not include confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances which he would have been paid for the period during which the forfeiture was in effect.

51c5901h

 

 

CHAPTER 59

POSTTRIAL PROCEDURE AND REVIEW

OF COURTS-MARTIAL

 

Sec.

5901.  Error of law; lesser included offense.

5902.  Action by convening authority.

5903.  Action on general court-martial records.

5904.  Reconsideration and revision.

5905.  Rehearings.

5906.  Approval by convening authority.

5907.  Disposition of records after review by convening authority.

5908.  Review by State Judge Advocate and Adjutant General.

5909.  Review by a board of review.

5910.  Review by Superior Court.

5911.  Appellate counsel.

5912.  Execution of sentence; suspension of sentence.

5913.  Vacation of suspension.

5914.  Petition for new trial.

5915.  Remission and suspension.

5916.  Restoration.

5917.  Finality of proceedings, findings and sentences.

5918.  Leave pending review of conviction.

5919.  Appeal by the Commonwealth.

 

Enactment.  Chapter 59 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 59, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

51c5901s

§ 5901.  Error of law; lesser included offense.

(a)  Error of law.--A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused.

(b)  Approval of lesser offense.--Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

51c5902s

§ 5902.  Action by convening authority.

(a)  Report to convening authority.--The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

(b)  Copy of record to accused.--In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by subsection (c).

(c)  Submission of matters by accused to the convening authority.--The following shall apply to the submission of matters by an accused to the convening authority:

(1)  The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (g). In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.

(2)  If the accused shows that additional time is required for the accused to submit matters under paragraph (1), the convening authority or other person taking action under this section may, for good cause, extend the applicable period under paragraph (1) for not more than an additional 20 days.

(3)  The accused may waive the right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. The time within which the accused may make a submission under paragraph (1) shall be deemed to have expired upon the submission of a waiver to the convening authority.

(d)  Action by the convening authority.--The authority of a convening authority to modify the findings and sentence of a court-martial is a matter of command prerogative and involves the sole discretion of the convening authority. No action is required to be taken by the convening authority. If action is taken by the convening authority, it must consider all matters submitted by the accused. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.

(e)  Actions by authority on sentence.--The authority authorized to take action may:

(1)  Approve the sentence in whole or in part.

(2)  Disapprove the sentence in whole or in part.

(3)  Commute the sentence in whole or in part.

(4)  Suspend the sentence in whole or in part.

(f)  Action by authority on findings.--The authority authorized to take action may:

(1)  Dismiss any charge or specification by setting aside a finding of guilty.

(2)  Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

(g)  Recommendation of judge advocate.--Before acting on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other authorized party shall refer the record of trial to a judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by regulation by the Governor or department and shall be served on the accused, who may submit any matter in the recommendation to the convening authority under subsection (c). An accused's failure to include any matter in the recommendation or attached to the recommendation in his submission waives his right to object to such matter.

51c5902v

 

Cross References.  Section 5902 is referred to in section 5918 of this title.

51c5903s

§ 5903.  Action on general court-martial records.

The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign a judge advocate officer for such purpose. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.

51c5903v

 

Cross References.  Section 5903 is referred to in sections 5808, 5908 of this title.

51c5904s

§ 5904.  Reconsideration and revision.

(a)  General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.

(b)  Revision not authorized.--In no case may a proceeding in revision:

(1)  reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2)  reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or

(3)  increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

51c5905s

§ 5905.  Rehearings.

(a)  General rule.--The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order a rehearing, that party shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other authorized party disapproves the sentence.

(b)  Procedural requirements.--Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he was found not guilty by the first court-martial. No sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

51c5906s

§ 5906.  Approval by convening authority.

In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence shall constitute approval of the findings and sentence.

51c5906v

 

Cross References.  Section 5906 is referred to in sections 5912, 5918 of this title.

51c5907s

§ 5907.  Disposition of records after review by convening authority.

(a)  General rule.--Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department.

(b)  Final action by Governor.--When the Governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.

(c)  Final action by other authority.--When a convening authority other than the Governor has taken final action in a general court-martial case, the convening authority shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the State Judge Advocate.

(d)  Bad-conduct discharge.--Where the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the State Judge Advocate.

(e)  Review and disposition of other records.--All other special and summary court-martial records shall be reviewed by a judge advocate of the Pennsylvania National Guard and shall be transmitted and disposed of as the department may prescribe by regulations.

51c5908s

§ 5908.  Review by State Judge Advocate and Adjutant General.

(a)  Review by State Judge Advocate of guilty finding.--Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the State Judge Advocate, or a designee. The State Judge Advocate may not review a case if he has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The State Judge Advocate's review shall be in writing and shall contain the following:

(1)  Conclusions as to:

(i)  whether the court had jurisdiction over the accused and the offense;

(ii)  the sufficiency of the charge and specification; and

(iii)  whether the sentence was within the limits prescribed as a matter of law.

(2)  A response to each allegation of error made in writing by the accused.

(3)  If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

(b)  Review by Adjutant General of guilty finding.--The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the Adjutant General, if:

(1)  the judge advocate who reviewed the case recommends corrective action;

(2)  the sentence approved under section 5903 (relating to action on general court-martial records) extends to dismissal, a bad-conduct or dishonorable discharge or confinement for more than six months; or

(3)  such action is otherwise required by regulations promulgated by the department.

(c)  Action by Adjutant General on guilty finding.--After review under subsection (b), the Adjutant General may:

(1)  disapprove or approve the findings or sentence in whole or in part;

(2)  remit, commute or suspend the sentence in whole or in part;

(3)  dismiss the charges; or

(4)  except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence or on both.

(d)  Rehearing impracticable.--If a rehearing is ordered under subsection (c) but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

(e)  Review by Governor of guilty finding.--If the opinion of the State Judge Advocate is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the State Judge Advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.

(f)  Review by State Judge Advocate of not guilty finding.--The State Judge Advocate may review any case in which there has been a finding of not guilty of all charges and specifications. The State Judge Advocate may not review a case if he has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review by the State Judge Advocate shall be limited to questions of subject matter jurisdiction.

(g)  Review by Adjutant General of not guilty finding.--The record of trial and related documents in each case reviewed under subsection (f) shall be sent for action to the Adjutant General.

(h)  Action by Adjutant General on not guilty finding.--After review under subsection (g), the Adjutant General may:

(1)  when subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government; or

(2)  return the record of trial and related documents to the State Judge Advocate for appeal by the government as provided by law.

51c5909s

§ 5909.  Review by a board of review.

(a)  Composition of boards of review.--The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a judge advocate of the Pennsylvania National Guard.

(b)  Affirming findings and sentence.--In a case referred to it, the board of review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty and a sentence, or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it shall have authority to weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(c)  Setting aside findings and sentence.--If the board of review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(d)  Action by convening authority.--The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the board of review. If the board of review has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.

(e)  Uniform rules of procedure.--In the event one or more boards of review are constituted in accordance with this section, the State Judge Advocate shall prescribe uniform rules of procedure for proceedings in and before such board or boards of review.

(f)  Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by a board of review. Such a withdrawal shall be signed by both the accused and  defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by a board of review at any time in accordance with appellate procedures as provided by law.

51c5909v

 

Cross References.  Section 5909 is referred to in section 5806 of this title.

51c5910s

§ 5910.  Review by Superior Court.

(a)  General rule.--Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common pleas. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.

(b)  Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by the Superior Court. Such a withdrawal shall be signed by both the accused and his defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by the Superior Court at any time in accordance with appellate procedures as provided by law.

51c5910v

 

Cross References.  Section 5910 is referred to in section 5912 of this title.

51c5911s

§ 5911.  Appellate counsel.

(a)  Counsel for the Commonwealth.--The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel must be a member in good standing of the bar of the Supreme Court.

(b)  Counsel for the accused.--In all posttrial reviews and appeals, whether initiated by the accused or the Commonwealth, the accused has the right to be represented by appellate military counsel before any reviewing authority and before any appellate court. Upon the request of an accused, the State Judge Advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases. An accused may be represented by civilian appellate counsel at no expense to the Commonwealth.

51c5912s

§ 5912.  Execution of sentence; suspension of sentence.

(a)  Appellate review not waived and appeal not withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by the Superior Court under section 5910 (relating to review by Superior Court) and is deemed final by the law of state where the judgment was had.

(b)  Appellate review waived or appeal withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is waived or an appeal is withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the State Judge Advocate and any action on that review is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other authorized party when approved under section 5906 (relating to approval by convening authority).

51c5913s

§ 5913.  Vacation of suspension.

(a)  Bad-conduct discharges and general court-martial sentences.--Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

(b)  Action by court-martial.--The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.

(c)  Other sentences.--The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

51c5914s

§ 5914.  Petition for new trial.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.

51c5914v

 

Cross References.  Section 5914 is referred to in section 5917 of this title.

51c5915s

§ 5915.  Remission and suspension.

(a)  General rule.--Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.

(b)  Substitution of administrative discharge by Governor.--The Governor may, for good cause, substitute an administrative form of discharge, as authorized by applicable military regulations, for a discharge or dismissal executed in accordance with the sentence of a court-martial.

51c5915v

 

Cross References.  Section 5915 is referred to in section 5917 of this title.

51c5916s

§ 5916.  Restoration.

(a)  General rule.--Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed portion is included in a sentence imposed upon the new trial or rehearing.

(b)  Substitution of administrative discharge for invalid discharge.--If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained on a new trial, the Governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.

51c5917s

§ 5917.  Finality of proceedings, findings and sentences.

The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in section 5914 (relating to petition for new trial) and to action under section 5915 (relating to remission and suspension).

51c5918s

§ 5918.  Leave pending review of conviction.

Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating to approval by convening authority) includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under section 5906 or at any time after such date, and such leave may be continued until the date on which action under this chapter is completed or may be terminated at any earlier time.

51c5919s

§ 5919.  Appeal by the Commonwealth.

(a)  General rule.--In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following:

(1)  An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.

(2)  An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.

(3)  An order or ruling which directs the disclosure of classified information.

(4)  An order or ruling which imposes sanctions for nondisclosure of classified information.

(5)  A refusal of the military judge to issue a protective order sought by the Commonwealth to prevent the disclosure of classified information.

(6)  A refusal by the military judge to enforce a protective order sought by the Commonwealth to prevent the disclosure of classified information which has previously been issued by appropriate authority.

(b)  Exceptions.--Notwithstanding subsection (a), the Commonwealth may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration.

(c)  Written notice required.--An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(d)  Diligent prosecution required.--An appeal under this section shall be diligently prosecuted. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

(e)  Action by Superior Court.--An appeal under this section shall be forwarded to the Superior Court. In ruling on an appeal under this section, the court may act only with respect to matters of law.

51c6001h

 

 

CHAPTER 60

PUNITIVE SECTIONS

 

Sec.

6001.  Principals.

6002.  Accessory after the fact.

6003.  Conviction of lesser included offense.

6004.  Attempts.

6005.  Conspiracy.

6006.  Solicitation.

6007.  Fraudulent enlistment, appointment or separation.

6008.  Unlawful enlistment, appointment or separation.

6009.  Desertion.

6010.  Absence without leave.

6011.  Missing movement.

6012.  Contempt toward officials.

6013.  Disrespect toward superior commissioned officer.

6014.  Assaulting or willfully disobeying superior commissioned officer.

6015.  Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

6016.  Failure to obey order or regulation.

6017.  Cruelty and maltreatment.

6018.  Mutiny or sedition.

6019.  Resistance, flight, breach of arrest and escape.

6020.  Releasing prisoner without proper authority.

6021.  Unlawful detention of another.

6022.  Noncompliance with procedural rules.

6023.  Misbehavior before enemy.

6024.  Subordinate compelling surrender.

6025.  Improper use of countersign.

6026.  Forcing a safeguard.

6027.  Captured or abandoned property.

6028.  Aiding the enemy.

6029.  Misconduct of prisoner.

6030.  False official statements.

6031.  Loss, damage, destruction or wrongful disposition of military property.

6032.  Waste, spoilage or destruction of nonmilitary property.

6033.  Improper hazarding of vessel.

6034.  Drunken or reckless driving.

6035.  Drunk on duty, sleeping on post and leaving post before relief.

6036.  Dueling.

6037.  Malingering.

6038.  Riot or breach of peace.

6039.  Provoking speeches or gestures.

6040.  Perjury.

6041.  Frauds against government.

6042.  Larceny and wrongful appropriation.

6043.  Assault.

6044.  Conduct unbecoming an officer and a gentleman.

6045.  General article.

6046.  Embezzlement.

6047.  Purchasing and receiving military property in pawn.

6048.  Wrongful use and possession of controlled substances.

 

Enactment.  Chapter 60 was added October 24, 2012, P.L.1506, No.192, effective in one year.

Prior Provisions.  Former Chapter 60, which related to the same subject matter, was added August 1, 1975, P.L.185, No.91, and repealed October 24, 2012, P.L.1506, No.192, effective in one year.

Cross References.  Chapter 60 is referred to in sections 5102, 5802 of this title.

51c6001s

§ 6001.  Principals.

Any person subject to this part who:

(1)  commits an offense punishable by this part or aids, abets, counsels, commands or procures its commission; or

(2)  causes an act to be done which if directly performed by him would be punishable by this part;

is a principal.

51c6002s

§ 6002.  Accessory after the fact.

Any person subject to this part who, knowing that an offense punishable by this part has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.

51c6003s

§ 6003.  Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

51c6004s

§ 6004.  Attempts.

(a)  Attempt defined.--An act done with specific intent to commit an offense under this part amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.

(b)  Punishment.--Any person subject to this part who attempts to commit any offense punishable by this part shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c)  Effect of consummation of offense.--Any person subject to this part may be convicted of an attempt to commit an offense although it appears at the trial that the offense was consummated.

51c6005s

§ 6005.  Conspiracy.

Any person subject to this part who conspires with any other person to commit an offense under this part shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

51c6006s

§ 6006.  Solicitation.

(a)  Desertion and mutiny.--Any person subject to this part who solicits or advises another or others to desert in violation of section 6009 (relating to desertion) or mutiny in violation of section 6018 (relating to mutiny or sedition) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

(b)  Misbehavior before enemy and sedition.--Any person subject to this part who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 6023 (relating to misbehavior before enemy) or sedition in violation of section 6018 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

51c6007s

§ 6007.  Fraudulent enlistment, appointment or separation.

Any person who:

(1)  procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2)  procures his own separation from the State military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished as a court-martial may direct.

51c6008s

§ 6008.  Unlawful enlistment, appointment or separation.

Any person subject to this part who effects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.

51c6009s

§ 6009.  Desertion.

(a)  Offense defined.--Any member of the State military forces who:

(1)  without authority goes or remains absent from his unit, organization or place of duty with intent to remain away from there permanently;

(2)  quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3)  without being regularly separated from one of the State military forces, enlists or accepts an appointment in the same or another one of the State military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated or enters any foreign armed service, except when authorized by the United States;

is guilty of desertion.

(b)  Commissioned officer tendering resignation.--Any commissioned officer of the State military forces 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 away from there permanently is guilty of desertion.

(c)  Punishment.--Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the desertion or attempt to desert occurs at any other time, the person shall be punished as a court-martial may direct.

51c6009v

 

Cross References.  Section 6009 is referred to in section 6006 of this title.

51c6010s

§ 6010.  Absence without leave.

(a)  Offense defined.--Any person subject to this part who, without authority:

(1)  fails to go to his appointed place of duty at the time 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 time prescribed;

is absent without leave and shall be punished as a court-martial may direct for a military offense or may be charged with a summary offense.

(b)  Military offense.--Absence without leave is a military offense subject to punishment as a court-martial may direct or by nonjudicial punishment under this part.

(c)  Summary offense.--Absence without leave as defined in subsection (a) is a summary offense.

(d)  Fines.--A person convicted of the summary offense of absence without leave shall be sentenced to pay a fine of not less than $100 nor more than $300 for the first offense and a fine of not less than $300 nor more than $1,000 for a second or subsequent offense.

(e)  Costs.--Any person convicted of the summary offense of absence without leave shall, in addition to the fine imposed, be sentenced to pay costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch. 17 (relating to governance of the system).

(f)  Institution of proceedings.--A person subject to this part authorized by the Adjutant General or his designee may institute summary proceedings for violation of this section by filing a complaint with an issuing authority as provided in the Pennsylvania Rules of Criminal Procedure. The alleged offense shall be deemed to have occurred in the magisterial district where the unit to which the member is assigned is located.

(g)  Withdrawal of complaint.--The person instituting summary proceedings for a violation of this section or his or her superior commissioned officer may withdraw the complaint if the accused executes a military service participation agreement and pays all costs as described in subsection (e).

(h)  Military counsel.--Military counsel shall not be assigned to represent the Commonwealth or the accused in summary proceedings brought under this section.

(i)  Prima facie evidence.--An extract from official military records showing that the accused person was absent without leave as defined in subsection (a) shall constitute prima facie evidence of a violation of this section.

(j)  Limitations on proceedings.--No action may be commenced for a violation of this section more than 12 months after the last date on which the person is alleged to have been absent without leave. No court-martial or nonjudicial punishment proceedings for absence without leave under this part may be instituted against a person who has been charged with the summary offense of absence without leave for the same time period. No summary offense proceedings for absence without leave under this section may be instituted against a person who has been the subject of court-martial or nonjudicial punishment for absence without leave under this part for the same time period.

51c6011s

§ 6011.  Missing movement.

Any person subject to this part who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

51c6012s

§ 6012.  Contempt toward officials.

Any commissioned officer who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, secretary of a military department, Secretary of Homeland Security, Governor of the Commonwealth of Pennsylvania, Adjutant General of the Commonwealth of Pennsylvania or General Assembly of the Commonwealth of Pennsylvania shall be punished as a court-martial may direct.

51c6013s

§ 6013.  Disrespect toward superior commissioned officer.

Any person subject to this part who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

51c6014s

§ 6014.  Assaulting or willfully disobeying superior commissioned officer.

Any person subject to this part who:

(1)  strikes, draws or lifts up any weapon or offers any violence against his superior commissioned officer while he is in the execution of his office; or

(2)  willfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.

51c6015s

§ 6015.  Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

Any warrant officer or enlisted member who:

(1)  strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;

(2)  willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or

(3)  treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;

shall be punished as a court-martial may direct.

51c6016s

§ 6016.  Failure to obey order or regulation.

Any person subject to this part who:

(1)  violates or fails to obey any lawful general order or regulation;

(2)  having knowledge of any other lawful order issued by a member of the State military forces, which it is his duty to obey, fails to obey the order; or

(3)  is derelict in the performance of his duties;

shall be punished as a court-martial may direct.

51c6017s

§ 6017.  Cruelty and maltreatment.

Any person subject to this part who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct.

51c6018s

§ 6018.  Mutiny or sedition.

(a)  Offense defined.--Any person subject to this part who: