MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Military Affairs

By: Representative Maples

House Bill 1015

AN ACT TO AMEND SECTION 33-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DISCIPLINE OF AN OFFICER, WARRANT OFFICER OR ENLISTED MAN OF THE NATIONAL GUARD SHALL BE ADJUDICATED BY THE NATIONAL GUARD; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

 

SECTION 1. Section 33-7-3, Mississippi Code of 1972, is amended as follows:

33-7-3. Every unit of the Mississippi National Guard and the individual members thereof shall, unless excused by proper authority, participate in such field training, armory drills, training assemblies, inspections, musters, ceremonies, parades and other military training or military duty as may be prescribed by the laws and regulations of the United States relating to the National Guard or prescribed by the laws of this state or by the order of the Governor. The discipline of the National Guard shall conform to the system of discipline which is now or may hereafter be prescribed by the United States government for the National Guard, or where applicable for the active Armed Forces of the United States, and the training shall be conducted so as to conform to the applicable regulations of the United States governing training of the National Guard. The discipline of any officer, warrant officer or enlisted man who shall fail to report for or participate in or perform any such training, drill, assembly, inspection, muster, ceremony, parade or other military duty, after having first been ordered by his superior officer so to do and not having been excused therefrom by proper authority, shall be adjudicated by the National Guard, including any fine, penalty or incarceration sentence issued against such officer, warrant officer or enlisted man. the National Guard shall promulgate those rules and regulations it deems necessary for the purpose of providing for the discipline of its officers, warrant officers or enlisted men; provided, however, that such rules and regulations shall conform to the applicable rules and regulations of the United States governing the discipline of officers, warrant officers and enlisted men of the National Guard. For purposes of this section, a person shall be deemed to have been ordered to report for, participate in and perform military training or military duty if the same has been scheduled and notice thereof given to members of the unit in the manner prescribed by applicable regulations and customs of the service. Any member of the National Guard shall have an opportunity to explain any mitigating circumstances which may have caused an unauthorized absence under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.