AN ACT to amend and reenact section 37-01-03 of the North Dakota Century Code, relating to not having to charge a person under the code of military justice before turning the person over to civil authorities.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:
SECTION 1. AMENDMENT.)
37-01-03. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE APPLICABLE IN STATE – REGULATIONS GOVERNING – PUNISHMENT FOR OFFENSES WHILE ON DUTY.) The articles of uniform code of military justice governing the armed forces of the United States, now or hereafter in effect, shall be a part of this title so far as the same are applicable and not modified by any provision of this title. A person who commits an offense while on duty may be tried by a court-material lawfully appointed even after such duty has terminated, and if found guilty, the accused shall be punished according to the articles of uniform code of military justice and the rules and regulations governing the armed forces of the United States and within the limits prescribed in this title and by federal law for the courts-martial in the national guard. In any case in which the person alleged to have committed the offense could be charged either under the code of military justice or the civil law of this state, the officer whose duty it is to approve such charge, in his discretion, may order the person charged or subject to being charged to be turned over to the civil authorities for trial. Whenever reference is made to the articles of uniform code of military justice, to the military service, or to the armed forces of the United States, such reference shall be deemed to include the military service of this state. The intent of this title and of all laws of this state affecting the military forces is to conform to all acts and regulations of the United States affecting the same subjects, and all laws of this state shall be construed to affect this purpose.