Section 130.3. Jurisdiction to try certain personnel  


Latest version.
  • (a) Subject to the
      provisions of section 130.43, any person subject to  this  code  who  is
      charged with having committed an offense against this code while serving
      during  a prior enlistment in a force of the organized militia shall not
      be relieved from amenability to trial by court-martial by reason of  the
      termination  of said prior enlistment, if such person re-enlisted in any
      force of the organized militia not more than one day after the  date  of
      termination of the prior enlistment.
        (b)  All  persons  discharged  from the organized militia subsequently
      charged with having fraudulently obtained said discharge shall,  subject
      to   the   provisions   of  section  130.43,  be  subject  to  trial  by
      court-martial on said charge and after apprehension, shall be subject to
      this code. Upon conviction of said charge they shall be subject to trial
      by court-martial for all offenses under this code committed prior to the
      fraudulent discharge.
        (c) Any person who has deserted from the organized militia  shall  not
      be  relieved from amenability to the jurisdiction of this code by virtue
      of a separation from any subsequent period of service.
        (d) In the case of persons charged with absence  without  leave  under
      section  130.82  of  this  article,  in personam jurisdiction of special
      courts-martial with powers to adjudge a  bad-conduct  discharge  can  be
      obtained  over such persons by any method of personal service sufficient
      for personal jurisdiction under the provisions of section three  hundred
      eight  of  the  civil  practice  law  and  rules; provided that diligent
      efforts have been made to deliver the charges to such  persons.  In  all
      cases  where  personal jurisdiction is obtained by service in accordance
      with the provisions of this section, the  special  courts-martial  shall
      not have the power to adjudge confinement.