40.005. Definitions--law applicable to all state military forces not in federal service.
Definitions--law applicable to all state military forces not infederal service.
40.005. 1. As used in sections 40.005 to 40.490, unless thecontext clearly otherwise requires:
(1) "Accuser" means a person who signs and swears tocharges, any person who directs that charges nominally be signedand sworn to by another, and any person who has an interest otherthan an official interest in the prosecution of the accused;
(2) "Active state duty" means:
(a) Inactive duty training and active duty for training toinclude all duty and training performed under Title 32, UnitedStates Code Sections 316, 502, 503, 504, and 505, Title 37 UnitedStates Code Section 206, 301, 309, 402, or 1002, to wit: unittraining assemblies and split unit training assemblies;equivalent training in lieu of unit training assemblies; aerialflight duty; training or duty such as additional trainingassemblies, additional training or other duty without pay;full-time training or other full-time duty; detail of rifleinstructors for civilians; participation in training andencampments, maneuvers, outdoor target practice, or otherexercises, and other duty or training performed under Title 32U.S.C. 502(f), either with or without pay; participation inencampments, maneuvers, outdoor target practice, or otherexercises for field or coast-defense instruction, independentlyof, or in connection with, the army; attendance at activecomponent schools, conducting or attending National Guardschools, or participation in small arms competition; andattendance at service schools and routine practical instructionwhile attached to an active component; including travel to andfrom such duties; and
(b) When ordered to active state duty by the governor underauthority vested in the governor by law, including travel to andfrom such duty;
(3) "Commanding officer" includes only commissionedofficers;
(4) "Convening authority" includes, in addition to theperson who convened the court, a commissioned officer commandingfor the time being, or a successor in command;
(5) "Costs" include service fees, witness fees, mileage,depositions, and costs of confinement as those costs areenumerated in section 40.480 and as provided by law;
(6) "Duty status" includes active state duty and any othertype of state military duty, including travel to and from suchduty;
(7) "Enlisted member" means any person serving in anenlisted grade;
(8) "Grade" means a step or degree, in a graduated scale ofoffice or military rank, that is established and designated as agrade by law or regulation;
(9) "Hostile force" means enemy, rioters, looters,dissidents, and others opposing or interfering with law andorder;
(10) "Military" refers to any or all of the armed forces;
(11) "Military court" means a court-martial or a court ofinquiry;
(12) "Military judge" means an official of a general orspecial court-martial detailed in accordance with section 40.095;
(13) "Officer" means commissioned or warrant officer;
(14) "Rank" means the order of precedence among members ofthe state military forces;
(15) "State judge advocate" means the commissioned officerresponsible for supervising the administration of the militaryjustice in the state military forces, who shall be the militarystaff judge advocate to the governor;
(16) "State military forces" means the national guard ofthis state, as defined in Sections 101(3) and 109 of Title 32,United States Code, and any other military force organized underthe laws of this state;
(17) "Superior commissioned officer" means a commissionedofficer superior in rank or command.
2. Sections 40.005 to 40.490 apply to all members of thestate military forces who are not in federal service.
(L. 1984 H.B. 1035 §§ 1, 2, A.L. 1986 H.B. 1505)