Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 26.05.440 - Grand jury requirement(a) A general court-martial in which the member of the militia is accused of committing an offense that is punishable by confinement of more than one year may not be convened until a grand jury of the state has returned a true bill indicating that there is probable cause to believe that the accused member of the militia committed the offense or offenses at issue.(b) The general court-martial convening authority shall designate one or more judge advocates to represent the authority at the grand jury, except that, at the request of the adjutant general and with the consent of the attorney general, an attorney from the Department of Law may represent the convening authority at the grand jury.Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.This section was originally numbered as 26.05.444 but was changed by the revisor of statutes.