N.Y. Comp. Codes R. & Regs. tit. 9 § 515.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 515.1 - Persons subject to the new york state military law

(a) Introduction. All forces of the organized militia of New York State including the Army National Guard, the Air National Guard, the Naval Militia, the New York Guard and such additional forces as may be created by the Governor are subject to the jurisdiction of the New York State Military Law. It should be noted that when members of the organized militia are ordered to Federal active duty pursuant to title 10, United States Code, section 672 and when New York Army National Guard or Air National Guard units deploy OCONUS on title 10 orders they are also concurrently subject to the provisions and jurisdiction of the Federal Uniform Code of Military Justice (UCMJ). Therefore, members serving on inactive duty training (IDT) (drills) under title 32, section 502, or annual training (AT) under title 32, section 503, or on Federal training duty (FTTD) under title 32, or while on administrative duty, attending administrative nights or an additional training days, whether paid or unpaid, or on state active duty (SAD) are all subject to the New York State Military Law.

(b) The code of military justice. Part of the New York State Military Law includes article 7, The Code of Military Justice. Contained in the Code of Military Justice are the punitive articles (sections 130.73 to 130.115) which are generally offenses of a military nature. (See Part 518 of this manual). However, since the members are also subject to the penal laws of the State of New York or of the state in which they are performing duty, the punitive articles in the State Code of Military Justice do not contain the more serious offenses such as murder, manslaughter, robbery, burglary, rape, sodomy, etc. Such offenses should be referred to the police where the offense occurred. The state where the offense occurred or the United States Government may exercise jurisdiction over these or other offenses not covered in the New York State Military Law. While the New York State Code of Military Justice and this Chapter are patterned after the Uniform Code of Military Justice, 1983 and the Manual for Courts Martial--United States, 1984 respectively, the state code and rules are tailored to be more practical for a largely part-time force. In order that commanders, judge advocates and members of the organized militia be familiar with the forms and procedures utilized under the Federal active duty system, the forms and procedures utilized to process a state court-martial are the same forms utilized by the active services, as modified for State use.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.1