§ 33-1-1. Definition of terms.

In this chapter, and in Chapters 3, 5, 7, 9 and 11 of this title, the words:

Military forces of the state–Shall mean the organized militia, the state retired list, the state reserve list, and the Mississippi State Guard, and all other components of the militia of the state which may hereafter be organized.

Organized militia–Shall mean the Mississippi National Guard, including the Army National Guard and the Air National Guard, and the Mississippi State Guard when organized, and shall be deemed to include any unit, component, element, headquarters, staff or cadre thereof, as well as any member or members.

Mississippi National Guard–Shall mean that part of the organized militia of this state which is organized, equipped and federally recognized under the provisions of the laws of the United States and of the State of Mississippi relating to the National Guard.

Army National Guard–Shall mean the members of federally recognized units and organizations of the Mississippi National Guard which are a reserve component of the United States Army.

Air National Guard–Shall mean the members of federally recognized units and organizations of the Mississippi National Guard which are a reserve component of the United States Air Force.

Military–Shall include Army, Air and Naval Forces.

Military fund–Shall mean any and all monies appropriated by the Legislature for the support of the militia and such other revenues as may be received or collected by the military department.

Federal recognition or federally recognized–Shall mean acknowledgment by the Secretary of the Air Force or the Secretary of the Army that an individual has been appointed to an authorized grade and position vacancy appropriate to his qualifications in the Air National Guard, or the Army National Guard, and that he meets the prescribed federal requirements for such grade and position; or that the particular unit or organization has been recognized by the Secretary of the Air Force or the Secretary of the Army as a component of the Air National Guard or Army National Guard of the United States.

Unit or organization–Shall mean a single military organization having a mission, function, and a structure prescribed by competent authority.

Active state duty–Shall mean active military duty in other than a training status in or with a force of the organized militia or with the Adjutant General’s Department, upon the orders of the Governor.

State training duty–Shall mean military duty in a training status authorized under Title 32 of the United States Code, Annotated, and regulations issued thereunder.

Service of the United States or active service of the United States–Shall mean any active military duty in the Armed Forces of the United States except duty for training purposes.

Officer–Shall include commissioned officers and warrant officers of the militia of this state unless otherwise specified.

Enlisted man–Shall be understood to designate members of the militia of this state other than officers and warrant officers.

Gender–Words importing the masculine gender only shall apply to female as well as male.

HISTORY: Codes, 1942, § 8519-01; Laws, 1966, ch. 539, § 1, eff from and after June 1, 1966.

§ 33-1-3. Support by counties and municipalities.

The board of supervisors of any county or the governing authorities of any municipality, either or both, may aid one or more federally recognized units of the Mississippi National Guard, or one or more units of the Mississippi State Guard, by appropriating annually a sum of money to be paid to the commander of each such unit, who shall account for and expend same under and in accordance with such regulations as the Adjutant General shall make. The board of supervisors of any county, the governing authorities of any municipality or the trustees of any school district, or any one or more of them, are further empowered to make such appropriations as they see fit for constructing, reconstructing, repairing, rehabilitating and improving military installations and property for the use of the Mississippi National Guard and Mississippi State Guard.

In all cases where the board of supervisors of counties, the governing authorities of municipalities or the trustees of school districts have, prior to the passage of this chapter, executed leases or conveyances of land for purposes authorized by this title, such leases and conveyances are hereby ratified, confirmed and validated.

HISTORY: Codes, 1942, § 8519-121; Laws, 1966, ch. 539, § 80; Laws, 1980, ch. 337, eff from and after July 1, 1980.

§ 33-1-5. Exemption from jury duty.

Any member of the Mississippi National Guard on active duty shall be exempt from jury duty upon presenting a current written statement from his superior officer that such jury service will be likely to interfere with his military duties.

HISTORY: Codes, 1942, § 8519-122; Laws, 1966, ch. 539, § 81; Laws, 2004, 1st ex. Sess., ch. 1, § 13; Laws, 2006, ch. 437, § 8, eff from and after passage (approved Mar. 20, 2006).

§ 33-1-7. Exemption from arrest.

No person belonging to the military forces of this state shall be arrested by any civil authority under any civil or criminal process while going to, remaining at or returning from any place at which he may be required to attend military duty except for treason or felony. Service of any such prohibited process shall be void.

HISTORY: Codes, 1942, § 8519-123; Laws, 1966, ch. 539, § 82, eff from and after June 1, 1966.

§ 33-1-9. Compatibility of holding public office.

Any citizen of this state may accept and hold a commission or warrant in the militia of this state or hold enlisted membership in the militia of this state or a commission in any reserve component of the Armed Forces of the United States without vacating any civil office, position or commission held by him, and the acceptance or holding of any such commission, warrant or membership and receiving pay therefrom shall not constitute such holding of an office of privilege and trust under the government of this state or of the United States as shall be incompatible with the holding of any civil office, legislative or judicial, or position or commission under the government of this state and receiving the emoluments therefor.

HISTORY: Codes, 1942, § 8519-124; Laws, 1966, ch. 539, § 83, eff from and after June 1, 1966.

§ 33-1-11. Authority over civilians interfering with militia.

If any person shall interrupt, molest, or insult, by abusive words or behavior, or shall obstruct or interfere with any officer or enlisted man while on duty at any parade, drill or meeting of his military organization, or while engaged in the performance of any other proper military duty, he shall immediately be put under guard, and may be kept, at the discretion of the commissioned officer in charge, until the parade, drill meeting or duty is concluded; and the commissioned officer in charge may commit such person to any police officer or constable of any municipality or beat where such parade, drill, meeting, or duty is being performed, or the sheriff of the county, or his deputy, who shall hold such person for trial before a court having jurisdiction of the place, and any person so offending shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed thirty (30) days, or both such fine and imprisonment.

HISTORY: Codes, 1942, § 8519-125; Laws, 1966, ch. 539, § 84, eff from and after June 1, 1966.

§ 33-1-13. Discrimination against uniform.

Any proprietor, manager or employee of a theater, hotel, restaurant, or any other public place, who shall make or cause to be made any discrimination against any person lawfully wearing the uniform of the Armed Forces of the United States of America or of the State of Mississippi, because of the uniform worn, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00).

HISTORY: Codes, 1942, § 8519-126; Laws, 1966, ch. 539, § 85, eff from and after June 1, 1966.

§ 33-1-15. Discrimination by private employers.

Any person, firm or corporation who alone, or in conjunction with others, wilfully deprives a member of any reserve component of the Armed Forces of the United States, or any former member of the service of the United States discharged or released therefrom under conditions other than dishonorable, of his employment, prevents his being employed by himself or another, or discriminates in any of the conditions or emoluments of his employment because of his membership in such reserve component, or former membership in such service; or, by threat of injury to him, physical or otherwise, dissuades or attempts to dissuade any person from enlistment, or acceptance of a warrant or commission, in any reserve or active component of the Armed Forces of the United States shall be guilty of a misdemeanor and on conviction thereof, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment.

HISTORY: Codes, 1942, § 8519-127; Laws, 1966, ch. 539, § 86; Laws, 1974, ch. 473, § 1; Laws, 1991, ch. 492 § 1, eff from and after passage (approved March 30, 1991).

§ 33-1-17. Discrimination by associations.

No association or corporation, constituted or organized for the purpose of promoting the success of the trade, employment or business of the members thereof, shall by any constitution, rule, bylaw, resolution, vote or regulation discriminate against any member of any reserve component of the Armed Forces of the United States, or any former member of the service of the United States discharged or released therefrom under conditions other than dishonorable, because of such membership, or such former membership, in respect to the eligibility of such member, or such former member, in such association or corporation, or in respect to his rights to retain said last mentioned membership. Any person who aids in enforcing any such provisions against a member of such reserve component, or such former member of the service, with intent to discriminate against him because of such membership, or such former membership, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both.

HISTORY: Codes, 1942, § 8519-128; Laws, 1966, ch. 539, § 87; Laws, 1974, ch. 473, § 2; Laws, 1991, ch. 492 § 2, eff from and after passage (approved March 30, 1991).

§ 33-1-19. Re-employment rights.

Any person who is a member of any reserve component of the Armed Forces of the United States, or former member of the service of the United States discharged or released therefrom under conditions other than dishonorable, who, in order to perform duties or receive training with the Armed Forces of the United States, or of the State of Mississippi or any other state (including active state duty, state-training duty or any other military duty authorized under Title 10 or Title 32 of the United States Code), leaves a position, other than a temporary position, in the employ of any employer, and who shall give evidence of the satisfactory completion of such duty or training, and who is still qualified to perform the duties of such position, shall be entitled to be restored to his previous or a similar position, in the same status, pay and seniority, and such period of absence for military duty or training shall be construed as an absence with leave but may be without pay.

HISTORY: Codes, 1942, § 8519-129; Laws, 1966, ch. 539, § 88; Laws, 1974, ch. 473, § 3; Laws, 1994, ch. 432, § 1, eff from and after passage (approved March 17, 1994); Laws, 2018, ch. 342, § 1, eff from and after July 1, 2018.

§ 33-1-21. Officers and employees granted leave.

All officers and employees of any department, agency, or institution of the State of Mississippi, or of any county, municipality, or other political subdivision, who shall be members of any of the reserve components of the Armed Forces of the United States, or former members of the service of the United States discharged or released therefrom under conditions other than dishonorable, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises, for periods not to exceed fifteen (15) days, and all such officers and employees shall for such periods in excess of fifteen (15) days, be entitled to leave of absence from their respective duties without loss of time, annual leave, or efficiency rating until relieved from duty, and shall when relieved from such duty, be restored to the positions held by them when ordered to duty, or a position of like seniority, status and pay; provided that such person: (1) when discharged or released from the armed forces shall have received a certificate of satisfactory completion of service, (2) shall be still qualified to perform the duties of such position, (3) shall make application for re-employment within ninety (90) days after the passage of this chapter or within ninety (90) days after such person is relieved from such training and service or released from hospitalization for a period of not more than one (1) year for causes attributable to such services. Any person restored to a position under the above provisions shall not be discharged from such position without cause within (1) year after restoration. The fact that there has been a change of administration affecting any position with the State of Mississippi, or any county, city, town, political subdivision, or any state institution thereof shall in no manner affect or deny to such person his former position, and regardless of any limitation on the number of employees, such person shall be re-employed. The provisions of this section do not apply to any officer elected by the vote of the electors of the state, county, municipality, or political subdivisions, when the statutory or constitutional term of the office has expired upon the discharge of such person from military service, but this section does grant re-employment rights to all other officers and employees of the State of Mississippi, or of any county, municipality, or political subdivision when ordered to military duty.

In the event the persons referred to in the foregoing subsection are not reinstated, as therein required, upon application by any such person to the county attorney of the county in which he was employed, or to the district attorney of the district in which he was employed, such attorney applied to shall act as the attorney for such person and shall institute such action as may be necessary to enforce compliance with the provisions of said subsection, and no fees or court costs shall be taxed against the person applying for benefits thereunder.

Insofar as any of the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be considered controlling, and any other acts or parts of acts in conflict herewith are hereby repealed insofar as they are in conflict with this section.

HISTORY: Codes, 1942, § 8519-130; Laws, 1966, ch. 539, § 89; Laws, 1974, ch. 473, § 4, eff from and after passage (approved March 30, 1974).

§ 33-1-23. Assignment of pay.

No assignment of pay by any officer or enlisted man of the organized militia shall be valid, except as may be otherwise provided by the Governor.

HISTORY: Codes, 1942, § 8519-131; Laws, 1966, ch. 539, § 90, eff from and after June 1, 1966.

§ 33-1-25. Right of way for military forces.

All units of the military forces of the state shall have the right of way over all other traffic except emergency vehicles and vehicles carrying the United States mail when travelling over any street or highway of this state. All members of the military forces of this state and the vehicles occupied by them shall be allowed to pass free through all toll gates and over all bridges and ferries when performing any military duties or going to or returning from any place set for the performance of such duties.

HISTORY: Codes, 1942, § 8519-132; Laws, 1966, ch. 539, § 91, eff from and after June 1, 1966.

§ 33-1-27. Wounded, disabled or injured members of the military forces of Mississippi.

Every member of the military forces of this state who shall be wounded, disabled or injured, or who shall contract any disease or illness, in line of duty when in the service of this state on active state duty shall be entitled to and shall receive, or be reimbursed for, hospitalization, rehospitalization, and medical and surgical care in a hospital and at his home appropriate for the treatment of such wounding, disability, injury, disease or illness, and necessary transportation incident thereto so long as such wounding, disability, injury, disease or illness exists, and shall receive the same pay and allowance whether in money or in kind, to which he was entitled at the time when the injury was incurred or the disease or illness contracted, during the period of his disability but not for more than a total of twelve (12) months after the end of his tour of duty. In the event of his death in such cases, his estate shall be entitled to any reimbursement and compensation to which the deceased would have been entitled, to his accrued pay and allowances, and reimbursement for actual funeral expenses not to exceed the sum of Five Hundred Dollars ($500.00). Such payments to the estate, as well as the cost of carrying out the other provisions of this section, shall be paid out of the military fund in the same manner provided for other expenditure of state funds. However, no compensation or reimbursement shall be paid in any case where the same is payable under the provisions of any federal law or regulation.

The Adjutant General shall administer the provisions of this section and shall prescribe such rules and regulations not inconsistent with the law as may be necessary to carry out the provisions of this section and the decision as to whether any wounding, disability, injury, disease, illness or death is in line of duty or as a result thereof, shall be made by the Adjutant General after proper investigation and hearing pursuant to such regulations as he may prescribe. Further, the Adjutant General shall have power to make interagency agreements or contracts with any agency of the state government to carry out the provisions of this section.

The provisions of this section shall be in no way construed to be a gratuity but shall be construed to be compensation for services for which each member of the military forces of this state shall be deemed to have bargained for and considered as a condition of his enlistment or appointment.

HISTORY: Codes, 1942, § 8519-89; Laws, 1966, ch. 539, § 60, eff from and after June 1, 1966.

§ 33-1-29. Organized militia may elect to come within provisions of Workers’ Compensation Law.

The organized militia of the State of Mississippi, also known as the Mississippi National Guard, may elect by proper action to come within the provision of the Mississippi Workmen’s Compensation Law, and in such event shall notify the workmen’s compensation commission of such action. After having made such an election, the said Mississippi National Guard may be a self-insurer without the requirement of paying the registration fee as required by Section 71-3-101 of the Workmen’s Compensation Law and without the requirement of filing a self-insurer bond; and may make payment of compensation benefits from any appropriations or funds available to the Mississippi Military Department or any subdivision thereof, provided that such benefits shall be paid only for injuries sustained as a direct result of active military service for the State of Mississippi by direction of an executive order of the Governor of the State of Mississippi. For the purpose of determining the average weekly wages of the person entitled to benefits herein, said wages shall be computed on the basis of his earnings in civilian life or on the basis of his current military pay, whichever shall be greater.

HISTORY: Codes, 1942, § 8519-161; Laws, 1964, ch. 476, eff from and after July 1, 1964.

§ 33-1-31. Unlawful military-type organizations.

It shall be unlawful for any body of men whatsoever, other than the regularly organized armed militia of this state, the Armed Forces of the United States, and the students of public or of regularly chartered educational institutions where military science is a prescribed part of the course of instruction and color guards or ceremonial firing squads of veterans organizations chartered by acts of congress, to associate themselves together as a military organization for drill or parade in public with firearms in this state, without special license from the Governor for each occasion. Application for such license must be approved by the mayor and board of aldermen or commissioners of the town or city where such organization may propose to parade. Any person or persons participating in such unlawful association shall be guilty of a misdemeanor and on conviction of same shall be punished by imprisonment in the county jail for a term not to exceed six months (6) or by a fine not to exceed Five Hundred Dollars ($500.00) or both fine and imprisonment, at the discretion of the court. The Governor may permit the passage through or the attendance in the state of the organized militia of other states for the purpose of attending joint maneuvers, rifle competitions, or for such other purposes as he may deem proper.

HISTORY: Codes, 1942, § 8519-32; Laws, 1966, ch. 539, § 21, eff from and after June 1, 1966.

§ 33-1-33. Civilian guards on military facilities and reservations; peace officer powers for designated personnel of military police units.

1. The civilian guards employed by the military department, whether paid by state appropriations, federal funds, or other authorized funds, or any combination thereof, and assigned to duties of safeguarding personal and real property belonging to the state or United States or government mixed properties or personal properties belonging to officers and men of the National Guard or of the employees of the military department are hereby given peace officer powers of a constable on the military facilities and reservations to which such civilian guards are assigned.
2. During periods of annual training, the Adjutant General may designate personnel of military police units to have peace officer powers of a constable on all military facilities, airfields, or reservations belonging to the Mississippi National Guard including, but not limited to, Camp McCain, Grenada, Mississippi, Camp Shelby, Hattiesburg, Mississippi, and the Air National Guard Training Site, Gulfport, Mississippi, Key Field, Meridian, Mississippi, Thompson Field, Jackson, Mississippi, and Hawkins Field, Jackson, Mississippi, to supplement the civilian guards in subsection (1) above.
3. The Adjutant General may designate civilian guard employee duties to be of such a nature as to require the employee to meet the requirements established by the Board on Law Enforcement Officer Standards and Training for law enforcement officers. For purposes of enforcement, these civilian guard employees shall have the powers of law enforcement officers on the military facilities and reservations to which assigned. The Adjutant General, Mississippi Military Department, the Mississippi National Guard and any designated civilian guard employee including, but not limited to, peace officers and armed or unarmed civilian guards, shall have discretion in the performance of their duties and shall be immune from liability as provided for in Section 11-46-1 et seq. Monies from the State General Fund may be utilized for the training of these officers at the Mississippi Law Enforcement Officers’ Training Academy.

HISTORY: Codes, 1942, § 8519-103.5; Laws, 1971, ch. 387, § 1; Laws, 1974, ch. 330; Laws, 2003, ch. 490, § 1; Laws, 2016, ch. 367, § 1, eff from and after July 1, 2016.

§ 33-1-35. Prior tenures, enlistments, rights and privileges preserved.

Nothing contained in this chapter, and in chapters 3, 5, 7, 9 and 11 of this title, shall be construed to affect the appointment, enlistment, tenure in office, period of enlistment, rights, privileges, immunities, compensation, emoluments, or other rights of the Adjutant General, commissioned officers, warrant officers, or enlisted men of the Army and Air National Guard of this state.

HISTORY: Codes, 1942, § 8519-151; Laws, 1966, ch. 539, § 94, eff from and after June 1, 1966.

§ 33-1-37. Prior offenses not abolished.

All offenses committed and all penalties, forfeitures, fines or liabilities incurred prior to June 1, 1966 under any law embraced in or modified, changed, or repealed by the act enacting this chapter and Chapters 3, 5, 7, 9 and 11 of this title may be prosecuted, punished and enforced, and action thereon may be completed, in the same manner and with the same effect as may have been properly done under such prior law.

HISTORY: Codes, 1942, § 8519-152; Laws, 1966, ch. 539, § 95, eff from and after June 1, 1966.

§ 33-1-39. Extension of professional license issued active duty military personnel; qualification for extension; fees.

A professional license issued pursuant to any provision of Title 73 to any member of the Mississippi National Guard or the United States Armed Forces Reserves shall not expire while the member is serving on federal active duty and shall be extended for a period not to exceed ninety (90) days after his return from federal active duty. If the license is renewed during the ninety-day period after his return from federal active duty, the member shall only be responsible for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as, but not limited to, late fees or delinquency fees. The member shall present to the authority issuing the professional license a copy of his official military orders or a written verification from the member’s commanding officer before the end of the ninety-day period in order to qualify for the extension.

HISTORY: Laws, 2007, ch. 309, § 1, eff from and after passage (approved Mar. 8, 2007).

§ 33-3-1. Commander in Chief.

The Governor shall be Commander in Chief of the militia and each of the classes thereof, except when it is called into the service of the United States, and shall have power to call forth the militia to execute the laws, repel invasion, and to suppress riots and insurrections, and to perform such other functions as may be authorized by law.

HISTORY: Codes, 1942, § 8519-11; Laws, 1966, ch. 539, § 2, eff from and after June 1, 1966.

§ 33-3-3. Military department.

There shall be in the executive branch of the state government a military department. The Adjutant General shall be the executive head of the department and, as such, subordinate only to the Governor in matters pertaining thereto. There shall be in such department at least one (1) Assistant Adjutant General for Army, at least one (1) Assistant Adjutant General for Air, such other Assistant Adjutants General as may be authorized by rules and regulations of the National Guard Bureau of the United States of America, and such other officers, enlisted men and civilian employees as the Adjutant General shall, from time to time, determine.

HISTORY: Codes, 1942, § 8519-12; Laws, 1966, ch. 539, § 3; Laws, 1984, ch. 314, eff from and after passage (approved April 4, 1984).

§ 33-3-5. Division of military staff.

The military staff of the Governor shall be divided into two kinds: the personal staff of the Governor and the military staff of the military department. The Governor may detail from the active list not more than ten National Guard officers, who, in addition to their regular duties, shall perform the duties of aides de camp on the personal staff of the Governor. In addition thereto the Governor may appoint such aides from the citizenship of this state as he shall choose, such appointees from the citizenship of the state to bear the honorary title of colonel and to have the right to wear such uniform as may be prescribed by the Governor, but who shall not by virtue of such appointment be deemed a part of the Mississippi National Guard and who shall not by virtue of such appointment participate directly or indirectly in the appropriations made by this state or by the United States for the support of the military department. The appointment of all aides shall terminate upon the expiration of the term of office of the Governor upon whose staff they may be serving.

HISTORY: Codes, 1942, § 8519-14; Laws, 1966, ch. 539, § 4, eff from and after June 1, 1966.

§ 33-3-7. Adjutant General.

1. The Governor shall nominate and, by and with the consent of the Senate, appoint and commission an Adjutant General, which appointment shall carry with it the rank of major general; provided, however, that if the person nominated is a retired officer who has attained a rank higher than that of major general he may, at the discretion of the Governor, retain such rank but his compensation shall not be increased above that amount hereinafter provided. The four-year term of the Adjutant General shall expire with the expiration of the appointing Governor’s term of office. The Adjutant General shall be chief of staff to the Governor, subordinate only to the Governor in matters affecting the military department and militia of this state.
2. To be eligible for such appointment, the Adjutant General shall have attained at least the rank of colonel, shall be eligible to receive federal recognition upon his appointment, and shall have served at least seven (7) years in the Armed Forces of the United States, either in active federal service or as a member of a reserve component, with at least three (3) years of such service in the Mississippi National Guard. At least five (5) years of such service shall have been as a commissioned officer.

HISTORY: Codes, 1942, § 8519-14; Laws, 1966, ch. 539, § 5; Laws, 1972, ch. 422, §§ 1, 2; Laws, 1975, ch. 349; Laws, 1976, ch. 323; Laws, 1984, ch. 316; Laws, 1993, ch. 380, § 1; Laws, 1994, ch. 431, § 1, eff from and after passage (approved March 17, 1994).

§ 33-3-9. Assistant adjutants general.

The Governor, on recommendation of the Adjutant General, shall appoint at least one (1) Assistant Adjutant General for Army and at least one (1) Assistant Adjutant General for air and such other assistant adjutants general as may be authorized by rules and regulations of the National Guard Bureau of the United States of America. Each shall have the rank of Brigadier General, or higher, if authorized by the National Guard Bureau of the United States of America. Each shall remain in office during the pleasure of the Governor, and shall be entitled to all the rights, privileges and immunities granted officers of like rank in the Mississippi National Guard. Each shall, before entering upon the duties of their office, take and subscribe to the oath of office prescribed for officers of the Mississippi National Guard, which oaths shall be deposited in the office of the Adjutant General. Each shall aid the Adjutant General by the performance of such duties as may be assigned him. In the case of death, absence or inability of the Adjutant General to act, the senior full-time Assistant Adjutant General shall perform the duties of the Adjutant General until the Adjutant General shall resume his duties or until a successor shall be appointed. To be qualified for appointment as Assistant Adjutant General, a person must at the time of his appointment possess the same qualifications required of the Adjutant General.

HISTORY: Codes, 1942, § 8519-15; Laws, 1966, ch. 539, § 6; Laws, 1983, ch. 426; Laws, 1989, ch. 473, § 1; Laws, 1996, ch. 359, § 1, eff from and after July 1, 1996.

§ 33-3-11. General powers and duties of Adjutant General.

The Adjutant General shall:

Appoint all of the employees of his department and he may remove any of them at his discretion;

Keep rosters of all active, reserve and retired members of the militia of this state, and keep in his office all records and papers required to be kept and filed therein;

Submit to the Governor in each year preceding a regular session of the Legislature a printed detailed report of the transactions of his office, the expenses thereof, and such operations and conditions of the National Guard of this state as may be required by the Governor;

Cause the military law, the regulations of the National Guard of this state and such other military publications as may be necessary for the military service to be distributed at the expense of the state to commands so that all personnel of the National Guard of this state will have access to same;

Keep records on and preserve all military property belonging to the state;

Keep just and true accounts of all monies received and disbursed by him;

Attest all commissions and warrants issued to military officers of this state;

Have a seal;

Make such regulations pertaining to the preparations of reports and returns and to the care and preservation of property in possession of the state for military purposes, whether belonging to the state or the United States, as in his opinion the conditions demand;

Attend the care, preservation, safekeeping, transportation and repairing of the arms, ordnance, accouterments, equipment and all other military property belonging to the state or issued to the state by the government of the United States for military purposes, and keep accurate accounts thereof;

Issue such military property as the necessity of the services require and make purchases for that purpose.No military property shall be issued or loaned, except upon an emergency, to persons or organizations other than those belonging to the National Guard of Mississippi except to such portions of the unorganized militia as may be called out by the Governor;

Keep the reports and returns of troops and all other writings and documents required to be preserved by the state military headquarters;

Keep necessary records attesting to the service of individuals of Mississippi forces for the Spanish American War and all subsequent wars and insurrections.The Adjutant General is authorized to make a determination as to when old records have only historical value, and therefore, transfer them to the State Department of Archives and History for reference and preservation;

Those records and relics not required for efficient operation of the military department may be turned over to the Department of Archives and History for preservation;

The Adjutant General with the approval of the Governor shall provide for and be responsible for the organization, training, tactical employment, and discipline of the Mississippi National Guard, Mississippi State Guard, and the unorganized militia when called to active state duty.

HISTORY: Codes, 1942, § 8519-16; Laws, 1966, ch. 539, § 7; Laws, 2005, 2nd Ex Sess, ch. 6, § 3, eff from and after passage (approved June 14, 2005).

§ 33-3-13. Seal; form and effect thereof.

The device upon the seal of the Adjutant General shall consist of the coat of arms of the State of Mississippi, and the words “Office of Adjutant General, State of Mississippi,” around the margin.

The seal used in the office of the Adjutant General shall be the seal of his office and shall be delivered by him to his successor. Where deemed appropriate orders issued from his office shall be authenticated with such seal and copies, orders, records and papers in his office, duly certified and authenticated under such seal, shall be evidence in all cases in like manner as if the originals were produced.

HISTORY: Codes, 1942, § 8519-17; Laws, 1966, ch. 539, § 8, eff from and after June 1, 1966.

§ 33-3-15. Rules and regulations.

The intent of this code is to conform to all acts and regulations of the United States affecting the same subjects, and all provisions of this code shall be construed to effect this purpose. All acts of the Congress of the United States relating to the control, administration and government of the National Guard, and all rules and regulations adopted by the United States for the government of the National Guard, so far as the same are not inconsistent with the laws of this state and with the rights reserved to this state and guaranteed under the constitution of this state, shall constitute rules and regulations for the government of the militia of this state.

The Adjutant General, with the approval of the Governor, shall have the power, and it shall be his duty from time to time to issue such orders and to prescribe such rules and regulations relating to the organization of the militia or to the National Guard or to the Mississippi State Guard as may be necessary for the proper training and discipline thereof; provided that such orders, rules and regulations are not in conflict with the laws of this state. The Adjutant General, with the approval of the Governor, is expressly authorized to issue such orders, rules and regulations as may be necessary in order that the organization, training and discipline of the components of the militia of this state will at all times conform to the applicable requirements of the United States government relating thereto. Orders, rules and regulations issued hereunder shall have full force and effect as part of the military code of this state. Rules and regulations in force at the time of the passage of this code shall remain in force until new rules and regulations are approved and promulgated.

HISTORY: Codes, 1942, § 8519-18; Laws, 1966, ch. 539, § 9, eff from and after June 1, 1966.

§ 33-3-17. Awards, medals and decorations.

1. The Governor is hereby authorized and empowered to decorate members and former members of the Mississippi National Guard and members and former members of the National Guard of the several states and members and former members of the Armed Forces of the United States, who he may deem worthy of such decoration, with such awards, medals or decorations as he may prescribe by rules and regulations promulgated by him, and the Governor is hereby authorized to promulgate suitable and reasonable rules and regulations for such purposes.
2. The Governor shall award posthumously the Mississippi Medal of Valor to those members of the Mississippi National Guard who gave their lives while in active service of the United States as defined in Section 33-1-1(l).
3. The Governor may award retroactively the Mississippi Medal of Valor to a member or former member of the Armed Forces of the United States if such member has been awarded the Medal of Honor or the Purple Heart.
4. The design of the Mississippi Medal of Valor is as follows: A gold medal with the Great Seal of the State of Mississippi superimposed on a cross combined with crossed sabers with the words “MEDAL OF VALOR” inscribed around the seal. The medal is suspended from a ribbon of navy blue background, with two (2) wide, vertical white bands. The recipient’s name and rank are engraved in the reverse side of the medal. The ribbon carries the same colors as described for the medal.

HISTORY: Codes, 1942, § 8519-19; Laws, 1966, ch. 539, § 10; Laws, 2004, ch. 545, § 9, eff from and after July 1, 2004.

§ 33-4-1. Mississippi Military Family Relief Fund created; money in fund under direction of Military Department; use of funds; eligibility requirements.

A special fund to be designated the “Mississippi Military Family Relief Fund” is created in the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of any money designated for deposit therein from any source, including, but not limited to, money designated for deposit therein by Section 27-7-94, and private contributions. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. Money in the fund shall be under the direction of the military department. Such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, based upon recommendations made by the Adjutant General. Money in the fund shall be utilized to make grants to families that experience a financial hardship as a result of a family member who is a member of the Mississippi National Guard or is a Mississippi resident and member of the Reserves of the Armed Forces of the United States. The Adjutant General shall establish eligibility requirements for receipt of the grants and the amount of the grants by rule.

HISTORY: Laws, 2005, 2nd Ex Sess, ch. 6, § 1 effective from and after passage June 14, 2005; Laws, 2007, ch. 447, § 1; Laws, 2012, ch. 436, § 1; Laws, 2015, ch. 334, § 1; Laws, 2017, ch. 328, § 1, eff from and after July 1, 2017.

§ 33-5-1. Composition of the Militia.

The militia of the State of Mississippi shall consist of all able-bodied citizens of the state between the ages of seventeen (17) and sixty-two (62) years, who are not exempt by law of this state or of the United States, together with all other able-bodied persons who shall voluntarily enlist or accept commission, appointment or assignment to duty therein, subject to such classifications as may be hereinafter prescribed. The militia shall be divided into three (3) classes: The National Guard, the Mississippi State Guard, and the unorganized militia. The unorganized militia shall consist of all persons liable to service in the militia, but not members of the National Guard or the Mississippi State Guard.

A seventeen-year-old person shall not be allowed to enlist or be assigned to duty without the written consent of both parents, if living, or one (1) parent if one (1) is deceased, or if both parents are deceased, the guardian of such person.

HISTORY: Codes, 1942, § 8519-21; Laws, 1966, ch. 539, § 11; Laws, 1973, ch. 310, § 1, eff from and after passage (approved March 2, 1973).

§ 33-5-3. Enrollment of militia.

Whenever the Governor deems it necessary, he may order an enrollment to be made by officers designated by him of all persons liable to service in the militia of this state. Such enrollment shall include such information as the Governor may require. Three (3) copies thereof shall be made: One (1) copy shall be filed in the office of the circuit clerk of the county in which the enrollment is made, and two (2) copies in the office of the Adjutant General. Enrollment shall be made upon such notice and in such manner as the Governor may direct. Every person required by such notice to enroll who wilfully fails or refuses to do so shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed Twenty-five Dollars ($25.00) or by confinement in jail not to exceed twenty-five days (25), or both.

HISTORY: Codes, 1942, § 8519-22; Laws, 1966, ch. 539, § 12, eff from and after June 1, 1966.

§ 33-5-5. Exemption from service in the militia.

The following persons shall be exempt from military service in the militia of this state:

Persons exempt from military service by the laws of the United States;

All regularly or duly ordained ministers of religion and rabbis, installed according to the rules of their sect, and all students preparing for any such ministry in recognized theological or divinity schools;

All state officers; executive, legislative and judicial;

All county, municipal, and district officers;

All persons actually employed as teachers in any established school, college or university;

Such classes of persons, grouped by age and profession or vocation, as the Governor may deem necessary for the maintenance of the civilian population of the state and whose exemption will be compatible with the military needs of the country. The Governor shall make or remove such exemption as he may see fit by general public proclamation.

The above persons exempt from military duty in the militia will not be exempt from enrollment, but at the time of enrollment shall file verified claims for exemption from military service in such form and manner as the Governor may direct.

HISTORY: Codes, 1942, § 8519-23; Laws, 1966, ch. 539, § 13, eff from and after June 1, 1966.

§ 33-5-7. Appointment of boards to determine exemptions.

The Governor shall appoint boards vested with the authority and power of passing upon and determining the claims of exemption filed under Section 33-5-5. An appeal to the Governor may be taken from the decision of the boards of the state by any person interested in the matter, within the time prescribed by regulation promulgated by the Governor.

HISTORY: Codes, 1942, § 8519-24; Laws, 1966, ch. 539, § 14, eff from and after June 1, 1966.

§ 33-5-9. Unorganized militia; when subject to duty.

The unorganized militia, or any part thereof, shall not be subject to any active military duty, except when called into the service of the United States or when called into the service of this state by the Governor in case of war, rebellion, insurrections, invasion, tumult, riot, breach of the peace, public calamity or catastrophe or other state or national emergency or imminent danger thereof. When the militia of this state, or any part thereof, is called forth under the constitution and laws of the United States, the Governor shall first order out for service the National Guard, and then the Mississippi State Guard, or such parts thereof as may be necessary, and if the number available be insufficient, he shall then order out such part of the unorganized militia as he may deem that the necessity requires.

HISTORY: Codes, 1942, § 8519-25; Laws, 1966, ch. 539, § 15, eff from and after June 1, 1966.

§ 33-5-11. Manner of ordering out unorganized militia.

The Governor, when ordering out the unorganized militia, shall designate the number and classes to be called. He may order them out either by calling for volunteers or by draft. He may attach them to the several organizations of the National Guard or the Mississippi State Guard, as may be best for the service, provided that no additional organization or unit shall be created from the unorganized militia until the units of the National Guard are brought to their full authorized strength. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.

HISTORY: Codes, 1942, § 8519-26; Laws, 1966, ch. 539, § 16, eff from and after June 1, 1966.

§ 33-5-13. Draft of unorganized militia.

If the unorganized militia is ordered out by draft, the Governor may appoint the number by draft according to the population of the several counties of the state, or otherwise, and shall notify the sheriff of each county, from which any draft is so required, of the number of persons his county is to furnish. Upon the requisition of the Governor being received by the sheriff, the sheriff shall immediately notify the clerk of the circuit court of the county, or in the absence of the said clerk or his inability to act, then his legally authorized deputy or deputies, who shall repair to the office of said clerk and in public copy from the most recent enrollment those persons liable for service under such draft of the unorganized militia, by name or number, the persons shown thereon. Such names or their corresponding numbers shall be placed on slips of paper of the same size and appearance, as nearly as practicable, which slips shall be placed in a box suitable for the purpose and the number required to fill such draft drawn therefrom by the clerk or his legally authorized deputy. The sheriff shall serve upon the persons so drafted a written order from the Governor specifying at what time and at what place they shall appear and report to the officer specified by the Governor. The sheriff shall make return to the clerk of all persons drawn who could not be found, and the clerk shall then draw as many additional names as may be required to complete the draft or to replace those, who, having been drawn, have been rejected by the military authorities for disability, and continue in like manner until the draft is completed and accepted by the military authorities. The Governor may prescribe rules and regulations for conducting the draft and may designate additional officers to assist the respective clerks and sheriffs conducting the same.

HISTORY: Codes, 1942, § 8519-27; Laws, 1966, ch. 539, § 17, eff from and after June 1, 1966.

§ 33-5-15. Fees.

As compensation for services rendered under this chapter, circuit clerks shall receive Two Cents (2¢) for each name placed in the box and sheriffs shall receive Fifty Cents (50¢) for each person notified. Such fees shall be paid by warrant of the state auditor on requisitions approved by the Adjutant General.

HISTORY: Codes, 1942, § 8519-28; Laws, 1966, ch. 539, § 18, eff from and after June 1, 1966.

§ 33-5-17. Punishment for failure to appear.

Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time or place ordered, or who shall knowingly or wilfully evade the process of the sheriff or other authorized officer to avoid military duty shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or both.

HISTORY: Codes, 1942, § 8519-29; Laws, 1966, ch. 539, § 19, eff from and after June 1, 1966.

§ 33-5-51. Organization of the State Guard.

The Governor is hereby authorized to organize, equip, train and maintain, in such strength and in such organized branches of the service as he may deem advisable, a military force similar to the National Guard and organized for the same purposes, to be known as the Mississippi State Guard, to be utilized in aid to or in lieu of the Mississippi National Guard upon its mobilization. The Governor may accept volunteers for the Mississippi State Guard in accordance with regulations promulgated by him and may use the provisions of Sections 33-5-1 through 33-5-17, Mississippi Code of 1972, for the purpose of providing personnel for such Mississippi State Guard. No person under the age of sixteen (16) years shall be eligible for service in the Mississippi State Guard. No person shall by reason of membership therein be exempt from military service under any federal law. The Mississippi State Guard shall be governed by the same laws and regulations so far as applicable, and shall be entitled to the same privileges, immunities and allowances, as may be now or hereafter provided for the Mississippi National Guard. When requested by the Adjutant General, the Legislature may appropriate funds for the support and operation of the Mississippi State Guard. If authorized by the federal laws such state guard shall be organized, maintained and trained under the provisions of any laws of the United States now or hereafter enacted for the organization, training and maintenance of state forces other than those of the National Guard.

HISTORY: Codes, 1942, § 8519-141; Laws, 1966, ch. 539, § 92; Laws, 1989, ch. 473, § 2, eff from and after July 1, 1989.

§ 33-5-53. Equipping State Guard.

For the use of such State Guard, the Governor is hereby authorized to requisition from the department of defense of the United States such arms and equipment as may be in the possession of and can be spared by the department of defense. The Governor may make available to the Mississippi State Guard the facilities of state armories, their equipment, and such other public facilities and property as may be available and reasonably necessary for the maintenance of such Mississippi State Guard.

HISTORY: Codes, 1942, § 8519-142; Laws, 1966, ch. 539, § 93, eff from and after June 1, 1966.

§ 33-7-1. Composition and organization of the Mississippi National Guard.

The Mississippi National Guard shall consist of the organized militia within the ages prescribed by federal law and regulations, organized, armed and equipped as hereinafter provided, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. The number of officers and enlisted men of the National Guard and the grades and designations thereof shall be as now or hereafter prescribed by federal law and regulations relating to the National Guard, and all commissions and promotions shall be in accordance with the aforesaid regulations.

The Mississippi National Guard shall be divided into such organizations and units as may now or hereafter be prescribed for this state by federal law or regulations, consisting of that portion of the National Guard of the United States apportioned and assigned to this state in accordance with tables of organizations prescribed by the department of defense and approved by the Governor of Mississippi.

The Governor shall have power to increase the National Guard by voluntary enlistment or by draft, and to organize the same, with proper officers, as the necessities of the service may require, in the manner provided for in Sections 33-5-1 through 33-5-17 of Chapter 5 of this title, in periods of national or state emergency as therein provided for.

HISTORY: Codes, 1942, § 8519-31; Laws, 1966, ch. 539, § 20, eff from and after June 1, 1966.

§ 33-7-3. Training and discipline.

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. 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 guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both fine and imprisonment. 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.

HISTORY: Codes, 1942, § 8519-33; Laws, 1966, ch. 539, § 22; Laws, 1989, ch. 473, § 3, eff from and after July 1, 1989.

§ 33-7-5. Efficiency of troops; officers responsible for.

The commander in chief of the organized militia of this state may cause those officers under his command to perform any military duty, and they shall be responsible to the Governor for the general efficiency of the organized militia and for the inspection, training, instruction, military proficiency, and care of the troops. The commanding officers of organizations shall be responsible to their immediate commanders for the condition of the equipment, drill, instruction, and efficiency of their respective commands. All commissioned officers, and warrant officers, and enlisted men shall be responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the United States, state, organization and other public property in their possession.

HISTORY: Codes, 1942, § 8519-34; Laws, 1966, ch. 539, § 23, eff from and after June 1, 1966.

§ 33-7-7. Governor may order troops beyond borders of state for instruction.

The commander in chief is authorized to order out the Mississippi National Guard, or any part thereof, for training or service beyond the borders of the state, with any part of the Armed Forces of the United States, whenever participation in such training or serving is authorized by the secretary of defense, or to repel invasion. Whenever the Mississippi National Guard, or any part thereof, not being in the service of the United States, goes beyond the limits of the state, they shall still remain under the military laws and regulations of the state, and any military court of the state shall have jurisdiction over any offense against the military laws of the state committed by any member of the Mississippi National Guard while performing any such military duty beyond the limits of the state, whether such court be organized and sit in the state or not.

HISTORY: Codes, 1942, § 8519-35; Laws, 1966, ch. 539, § 24, eff from and after June 1, 1966.

§ 33-7-9. Field training under command of officers of other states.

For the purpose of coordinating and making more effective the field and similar classes of instruction and training in organizations of the National Guard jointly maintained by Mississippi and any other state or states during periods of field or similar training, as provided under the National Defense Act, the units and personnel of the Mississippi National Guard may, if authorized by the federal government, be placed under the supervision and command of higher organization commanders, who are now or may hereafter be appointed from other states, and whose appointments have the approval of this state, and the states concerned, and such officer is federally recognized. This requirement shall not be carried out unless and until the state or states jointly interested in a National Guard organization with Mississippi shall have enacted a similar law. The objects of this section may be carried out with the consent of the Governor, without regard to similar laws enacted by other states, with the advice and approval of the ranking officer of the Mississippi National Guard present at the place of training and instruction and in command of the Mississippi troops concerned. For the purpose of fixing the time limits of the periods mentioned in this section, the periods of training shall begin when units have cleared their armories or bases and are en route to training assembly areas and shall end when units have returned to their armories or bases from field training period. Mississippi troops shall not be required to yield authority and supervision of matters concerning transportation in or out of the camp or other military area, finance, and supply which concern Mississippi only in her relations with the federal government and for which the state is directly responsible to the federal government. The commanding officer appointed from another state, and such other officers of his command as he may designate, who are members of organizations in which Mississippi has joint interest in other states, and who are appointed and recognized in accordance with laws, rules and regulations prescribed by the federal government may, with the approval of the Governor, make tours of inspection and policy visits with the units of their organizations of the National Guard of Mississippi at their home stations or at other places, at such times as are mutually agreeable, it being understood that the state is not responsible or liable for any expenses incident to such visits.

HISTORY: Codes, 1942, § 8519-36; Laws, 1966, ch. 539, § 25, eff from and after June 1, 1966.

§ 33-7-11. Oaths.

Those who are appointed, commissioned, warranted, or enlisted or drafted in the active militia or state military forces shall take and subscribe an oath as prescribed in appropriate laws and regulations governing the Armed Forces of the United States and the military forces of the State of Mississippi.

HISTORY: Codes, 1942, § 8519-37; Laws, 1966, ch. 539, § 26, eff from and after June 1, 1966.

§ 33-7-13. The uniform.

The uniform of the Mississippi National Guard shall be the same as that prescribed for the Armed Forces of the United States, except that the commander in chief may authorize the use of other distinctive insignia.

HISTORY: Codes, 1942, § 8519-38; Laws, 1966, ch. 539, § 27, eff from and after June 1, 1966.

§ 33-7-15. Unauthorized wearing of uniform and insignia.

It shall be unlawful for any person not a member of the Mississippi National Guard or the organized militia to wear any distinctive part of the uniform or insignia of the Mississippi National Guard or the organized militia. Any person who offends against this section shall, on conviction, be punished by a fine of not less than Ten Dollars ($10.00), and not more than One Hundred Dollars ($100.00), or by imprisonment in the county jail not to exceed three (3) months, or by both fine and imprisonment. However, the prohibition of this section shall not apply to members of the armed forces on extended active duty or to members of the various reserve components of the armed forces.

HISTORY: Codes, 1942, § 8519-39; Laws, 1966, ch. 539, § 28, eff from and after June 1, 1966.

§ 33-7-17. Arms and equipment.

All officers and men of the Mississippi National Guard shall be furnished with such arms and equipment as are prescribed by the federal government for the proper performance of their military duty. These supplies and such equipage as may be necessary for the proper equipment of all organizations will be issued, under such regulations as the commander in chief may prescribe, upon approved requisitions.

Every officer and enlisted man shall be responsible for the care, safekeeping, and return of any uniform, arms or any other military property delivered to him for his use. He shall use the same for military purposes only, and upon receiving a discharge or otherwise leaving the military service, or upon the demand of his commanding officer, or other military authority, shall forthwith deliver such uniform, arm, or other military property to an officer competent to receive same, the property so turned in to be in good order, reasonable use and ordinary wear thereof excepted. Any person violating the provisions of this section will be guilty of a misdemeanor, and upon conviction before any court of competent jurisdiction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by imprisonment in the county jail not to exceed six (6) months, or both such fine and imprisonment, or he may be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8519-40; Laws, 1966, ch. 539, § 29, eff from and after June 1, 1966.

§ 33-7-19. Penalty for loss, destruction or retention of military property.

Every person who shall wantonly, carelessly, intentionally or through neglect, lose, injure or destroy, or permit the loss, injury or destruction of any uniform, part of uniform, arm, equipment or other article of military property issued by the United States or State of Mississippi for military purposes, or the property of any organization of the Mississippi National Guard, and refuse or fail to make good such loss, or who shall sell or dispose of, remove or secrete the same with the intent to sell or dispose thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, at the discretion of the court.

Whosoever wrongfully purchases, retains, or who has in his possession any arm, accouterment, article of uniform, tool, implement, or any other military property, the property of the United States, the State of Mississippi or of any organization of the Mississippi National Guard, shall be guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be fined not exceeding Two Hundred Dollars ($200.00), or imprisoned not exceeding six months (6), or both, at the discretion of the court.

HISTORY: Codes, 1942, § 8519-41; Laws, 1966, ch. 539, § 30, eff from and after June 1, 1966.

§ 33-7-21. Federal pay for National Guard.

Whenever the Mississippi National Guard, or any part thereof, attends field training, armory drills, training assemblies, or other military training or military duty for which federal funds are available, they shall receive such pay and allowances as may be allowed them by the federal government to be paid out of federal funds appropriated for the use of the Mississippi National Guard.

HISTORY: Codes, 1942, § 8519-42; Laws, 1966, ch. 539, § 31, eff from and after June 1, 1966.

§ 33-7-23. Compensation for inspections and other duties.

The Adjutant General may order any officer or enlisted man of the Mississippi National Guard to make inspections, or perform any other military activity connected with the administration of the Mississippi National Guard. When any such officer or enlisted man shall be called upon to perform such inspection or military activity he shall receive such pay as is provided for active state duty and mileage and other allowances as provided in Section 25-3-41 of the Mississippi Code of 1972.

HISTORY: Codes, 1942, § 8519-43; Laws, 1966, ch. 539, § 32, eff from and after June 1, 1966.

§ 33-7-25. Commanding officer may fix limits to military jurisdiction.

Any commanding officer, when on duty, may fix the necessary limits or bounds to his unit’s parade, armory building, camp, base, post or area. No person shall enter such limits without leave, and said commanding officer at any parade, camp, base, post, or area may refuse to any person entrance to any such military installation, area, or building in which troops may be quartered, or military equipment stored, whenever, in his judgment, the exigencies of the service make it expedient to do so. Whoever intrudes within the limits of any such parade, camp, base, area, armory or building in which troops are quartered, after being forbidden entrance therein, may be ejected forcibly if necessary, or may be confined under guard as provided for in Section 33-1-11. Whoever resists a sentry or any authorized member of the Mississippi National Guard endeavoring to exclude them from such limits or building, or who resists arrest by the military authorities within such limits or building shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00), or by imprisonment not to exceed sixty (60) days, or by both fine and imprisonment.

HISTORY: Codes, 1942, § 8519-44; Laws, 1966, ch. 539, § 33, eff from and after June 1, 1966.

§ 33-7-27. Continuance in National Guard after federal service.

Upon the termination of any emergency for which the Mississippi National Guard has been drafted into the military service of the United States, all enlisted men so drafted, upon being discharged from the Armed Forces of the United States shall continue to serve in the Mississippi National Guard until the dates upon which their enlistments prior to their draft, would have expired, if uninterrupted. The commissioned and warranted officers so drafted shall resume their commissions and warrants in the Mississippi National Guard in the respective grades held by them when drafted, or in any higher grade which they may have attained while in such service, if appointed thereto by the Governor to fill existing vacancies.

HISTORY: Codes, 1942, § 8519-45; Laws, 1966, ch. 539, § 34, eff from and after June 1, 1966.

§ 33-7-29. Colors and flag to be furnished.

Each unit of the Mississippi National Guard which has a comparable unit in the Armed Forces of the United States to which is furnished the national colors and a unit flag shall be furnished by the Adjutant General with the national colors and the unit flag.

HISTORY: Codes, 1942, § 8519-46; Laws, 1966, ch. 539, § 35, eff from and after June 1, 1966.

§ 33-7-101. Commissioned officers—how appointed.

The Governor as Commander in Chief shall appoint and commission, or warrant, all officers of the Mississippi National Guard other than noncommissioned officers.

HISTORY: Codes, 1942, § 8519-51; Laws, 1966, ch. 539, § 36, eff from and after June 1, 1966.

§ 33-7-103. Terms of office.

All officers of the Mississippi National Guard, except the Adjutant General, shall hold office until retired for age or disability, be honorably discharged at their own request, or be dismissed pursuant to a sentence of a general court-martial. The Governor may, however, at his discretion, refuse to accept the resignation of an officer. If an organization of the Mississippi National Guard be disbanded or mustered out of the service, such officers of said organization shall be put on the reserve list, subject to the further needs of the National Guard. If any officer of the Mississippi National Guard leaves the jurisdiction of the state and leaves his company or organization station for such a length of time that he ceases to exercise the functions of his commission or warrant so as to cease to be an officer in fact, his action will be deemed to have the effect of a resignation, and his commission may be terminated by the Governor. However, the Governor shall have the power to grant an officer a leave of absence for any reasonable length of time without prejudice to his commission or warrant.

HISTORY: Codes, 1942, § 8519-52; Laws, 1966, ch. 539, § 37, eff from and after June 1, 1966.

§ 33-7-105. Oath of officer.

Every officer commissioned or warranted in the Mississippi National Guard shall, before entering upon his duties, take and subscribe to the following oath, which oath, signed by him and witnessed by an officer of the Mississippi National Guard, will be filed in the office of the Adjutant General, and all officers of the Mississippi National Guard are hereby empowered to administer this oath:

“I,_______________ , do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Mississippi against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Mississippi; that I make this obligation freely, without any mental reservation or purpose of evasion; that I will well and faithfully discharge the duties of the office of_______________in the National Guard of the United States and of the State of Mississippi upon which I am about to enter, so help me God.”

HISTORY: Codes, 1942, § 8519-53; Laws, 1966, ch. 539, § 38, eff from and after June 1, 1966.

§ 33-7-107. Examinations required for commission.

Every person commissioned as an officer in the Mississippi National Guard shall, unless otherwise specifically provided by law, be examined as to his qualifications for office, and no person shall be appointed until he has passed a satisfactory examination as to his capacity, general qualifications and knowledge of military affairs proportionate to the requirements of the office to which he has been selected. The Commander in Chief may appoint examining boards to conduct such examinations, and when any candidate for commission shall fail to appear before a board, as directed, he shall be considered to have failed to qualify and the commission will not issue. The Commander in Chief may also convene examining boards to determine the fitness of officers for promotion and no officer will be promoted who has not passed a suitable examination as to his capacity, general qualifications and knowledge of military affairs proportionate to the requirements of the grade to which he is promoted. The Adjutant General shall prescribe in orders the subjects to be covered by, and the degree of proficiency to be required in each subject in examinations for commissions and promotions, for each grade, and the Governor shall make and cause to be published in orders, regulations governing the promotion of officers.

HISTORY: Codes, 1942, § 8519-54; Laws, 1966, ch. 539, § 39, eff from and after June 1, 1966.

§ 33-7-109. Assignment and transfer of officers.

Officers of all grades will be assigned to units or arms of the service and will be transferred from one unit or arm of the service to another by order of the commander in chief as the interest of the service may require; and all appointments will be by commission or warrant in the Mississippi National Guard, and not in any particular unit, and all commissions and warrants now in effect will be considered as such.

HISTORY: Codes, 1942, § 8519-55; Laws, 1966, ch. 539, § 40, eff from and after June 1, 1966.

§ 33-7-111. Dismissal of officers.

No officer of the National Guard shall be dismissed unless by reason of resignation, approval of findings of an efficiency or medical examining board, withdrawal of federal recognition, the sentence of a court-martial, or for cause as provided in sub-section (d) of this section.

The efficiency, moral character, competency, ability to properly perform his duty and general fitness for retention in the National Guard of any officer may be investigated and determined by an efficiency examining board.

The physical fitness for further service of any officer of the National Guard may be investigated by a medical examining board of officers.

Efficiency and medical examining boards consisting of three (3) or more officers shall be appointed by the Adjutant General upon recommendation of the commanding officer or the officer under investigation. All members of such boards shall be senior in grade to the officer under investigation, unless unavailable. Such boards shall be vested with the powers of courts of inquiry. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine and to call witnesses in his behalf. He shall, at all stages of the proceedings, be allowed full access to records pertinent to his case and be furnished copies of the same. If the officer shall fail to appear at the time and place set for the hearing by the board, the board shall proceed to consider the evidence presented to it and make such findings as shall be warranted. If the findings of the board are unfavorable to an officer and are approved by the Governor, the Governor shall dismiss the officer, transfer him to the state retired list, or make such other order as may be appropriate.

Any officer who permanently moves from the state or who is absent without leave from drill, training and other duty for such a length of time that he ceases to exercise the function of his commission or warrant, or whose federal recognition is withdrawn may be dismissed automatically.

In any case in which the Adjutant General shall have grounds to believe an officer unfit, incompetent, or incapable of performing his duties, he may be dismissed or transferred to the reserve list or honorary National Guard, if appropriate, without reference to an efficiency or medical examining board, unless the officer so dismissed or transferred shall, within thirty (30) days after being notified thereof, serve upon the Adjutant General notice in writing demanding a hearing and examination before an appropriate board.

HISTORY: Codes, 1942, § 8519-56; Laws, 1966, ch. 539, § 41, eff from and after June 1, 1966.

§ 33-7-113. Rank list of officers.

The Adjutant General shall publish annually a relative rank list of all officers in the Mississippi National Guard. Commissions or warrants of officers shall bear date of actual appointment by the Governor. Officers of each grade shall rank and take precedence according to the date of federal recognition of their respective commissions or warrants, and when two or more of the same grade are of the same date, their rank and precedence shall be determined by the length of service, continuous or otherwise, in the Mississippi National Guard or in the Armed Forces of the United States; and if for equal service, then by age, the older being the senior, provided, that an officer will not be credited with time spent on the state reserve or retired list in determining his lineal rank in the active list.

HISTORY: Codes, 1942, § 8519-57; Laws, 1966, ch. 539, § 42, eff from and after June 1, 1966.

§ 33-7-115. Senior officer on duty in command.

If different organizations of the National Guard of this state join in or do any state duty together, the highest ranking commissioned line or rated officer there on duty or in quarters shall command the whole and give orders for what is needful in the service unless otherwise specially directed by the Governor, according to the nature of the case.

HISTORY: Codes, 1942, § 8519-58; Laws, 1966, ch. 539, § 43, eff from and after June 1, 1966.

§ 33-7-117. Reserve list.

Commissioned officers or warrant officers who are surplus by reduction or disbandment of organization, by being relieved from duty or command, or by any other manner, shall be withdrawn from active service and placed on the state reserve list.

State reserve officers shall be subject to military law and to the jurisdiction of military courts in the same manner as officers on the active list.

HISTORY: Codes, 1942, § 8519-59; Laws, 1966, ch. 539, § 44, eff from and after June 1, 1966.

§ 33-7-119. Retired list.

1. There shall be a retired list of officers and enlisted men who have served with honor or distinction on the active list of the Mississippi National Guard, and all officers and enlisted men placed on the retired list shall remain thereon unless returned to the active list by the Governor or dismissed by a sentence of a court-martial. No officer or man on the retired list shall be required to perform any military duty whatsoever, but the Governor may, with their consent, detail officers and men on the retired list for recruiting duty, for duty on courts-martial, or for such other duty as they may be qualified. Officers and men on the retired list will be entitled to wear uniforms of their grade, and they shall be amenable to military laws and regulations and may be tried by courts-martial for military offenses as if on the active list.
2. Federally recognized officers and enlisted men of the National Guard of Mississippi shall be retired by order of the commander in chief with a promotion of one (1) grade, effective the date of retirement by action of the Adjutant General, upon receipt of the recommendation of the commanding officer of such retiring officer or enlisted man and upon completion of twenty (20) or more years of honorable service in the National Guard of Mississippi, the Armed Forces of the United States, or reserve components thereof, provided that any such officer or enlisted man shall be retired in the highest grade held, without promotion, unless the last sixty (60) months of such service was in a federally recognized status in the Mississippi National Guard or on active duty with the Armed Forces of the United States. Any warrant officer holding the grade of highest chief warrant officer shall, upon retirement, be retired in that grade. Any enlisted man holding the highest authorized enlisted grade shall, upon retirement, be retired in that grade.
3. Whenever any officer or enlisted man shall have reached the age of sixty-four (64), he shall be placed on the retired list.
4. When any officer or enlisted man becomes permanently disabled or is physically disqualified for the performance of military duty by reason of wounds, injuries or illness, he may, upon his own application or in the discretion of the commander in chief, be ordered before a retiring board for examination as to his physical fitness for military service and, upon the recommendation of such board, may be placed upon the retired list. However, no officer or enlisted man shall be so placed upon the retired list because of physical disabilities which are the result of intemperance or improper habits or conduct upon his part.

   For the purposes indicated under the preceding paragraph of this section, the Commander in Chief may appoint retiring boards, which shall be constituted and have cognizance of the same subjects and possess like powers as similar boards organized under the laws of the Armed Forces of the United States. The proceedings of retiring boards shall be assimilated to the forms and mode of procedure prescribed for like boards under the regulations for the Armed Forces of the United States.

5. A place on the retired list being a distinction given only in recognition of long and meritorious service, no officer or enlisted man will ever be retired whose service has not been honest and faithful. No officer or soldier will be retired as a means of punishment.
6. An officer upon the retired list who accepts a commission or warrant in the active militia or in the organized reserves of any component of the Armed Forces of the United States may, at any time, upon his own application, be placed upon the retired list with the rank with which he formerly retired. However, if his latest service in the active militia or in the organized reserves of any component of the Armed Forces of the United States was in a grade higher than that with which he was originally retired, he may be given such higher grade. An officer who has been retired with the increased rank under this article will not be returned to the active list with his increased rank, but with the same rank held on the active list at the time of retirement.

HISTORY: Codes, 1942, § 8519-60; Laws, 1966, ch. 539, § 45; Laws, 1993, ch. 381, § 1, eff from and after passage (approved March 15, 1993).

§ 33-7-121. Officers supply own uniforms.

All commissioned officers will provide themselves with such uniforms as may be prescribed for their use.

HISTORY: Codes, 1942, § 8519-61; Laws, 1966, ch. 539, § 46, eff from and after June 1, 1966.

§ 33-7-201. Enlistment period of service, transfer, discharge, and extensions of enlistment.

The qualifications for enlistment and re-enlistment, the periods of enlistment, re-enlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the forces of the organized militia shall be those prescribed by applicable laws of the United States and by this chapter and by regulations issued thereunder.

The Governor is authorized to extend the period of any enlistment, re-enlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the organized militia for a period not to exceed six (6) months after the termination of an emergency declared by him, the legislature or congress.

Whenever the period of enlistment, re-enlistment, voluntary extension of enlistment and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the Governor shall extend the period of any enlistment, re-enlistment, voluntary extension of enlistment and the period of service of enlisted personnel in the corresponding force of the organized militia for the same period.

HISTORY: Codes, 1942, § 8519-71; Laws, 1966, ch. 539, § 47, eff from and after June 1, 1966.

§ 33-7-203. Contract and oath of enlistment.

Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by applicable laws of the United States and the State of Mississippi and by regulations issued pursuant to this chapter. Such oath shall be taken and subscribed before any commissioned officer; provided, however, that enlisted personnel may also take and subscribe such oath before any warrant officer. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury.

HISTORY: Codes, 1942, § 8519-72; Laws, 1966, ch. 539, § 48; Laws, 1981, ch. 423, § 1, eff from and after July 1, 1981.

§ 33-7-205. Discharge of enlisted men.

An enlisted man discharged from service in the National Guard shall receive a discharge in writing, in such form and with such classifications as is or shall be prescribed under regulations promulgated by the Adjutant General of the State of Mississippi or by the secretary of the appropriate federal service.

Discharges may be given prior to the expiration of terms of enlistment under such regulations as may be prescribed by the Adjutant General, State of Mississippi, or pursuant to regulations promulgated by the secretary of the appropriate federal service.

HISTORY: Codes, 1942, § 8519-73; Laws, 1966, ch. 539, § 49, eff from and after June 1, 1966.

§ 33-7-207. Promotion and administrative reduction of enlisted men.

The promotion and administrative reduction of enlisted men, including non-commissioned officers, shall be pursuant to rules and regulations prescribed by the United States for the government and administration of the National Guard, or pursuant to such rules and regulations as may be prescribed by the Adjutant General of the State of Mississippi.

HISTORY: Codes, 1942, § 8519-74; Laws, 1966, ch. 539, § 50, eff from and after June 1, 1966.

§ 33-7-209. Uniform of enlisted men.

Every enlisted man of the Mississippi National Guard shall be furnished with a service uniform.

HISTORY: Codes, 1942, § 8519-75; Laws, 1966, ch. 539, § 51, eff from and after June 1, 1966.

§ 33-7-301. Ordering organized militia into active state duty.

1. The Governor shall have power in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency, to order into the active service of the state for such period, to such extent and in such manner as he may deem necessary, all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy, or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.
2. Whenever any circuit judge of a county, sheriff, or mayor of a municipality, whose authority shall rank in the order named, shall apprehend the outbreak of insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence within the jurisdiction of which such officer is by law the conservator of the peace, or in the event of disaster or other grave emergency, it shall forthwith become the duty of the circuit judge, sheriff or mayor, when it appears that such unlawful combination or disaster has progressed beyond the control of the civil authorities, to notify the Governor, and the Governor may then, in his discretion, if he deems the apprehension well-founded or the disaster or emergency of sufficient magnitude, order into the active service of the state, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia.
3. When the Governor orders into the active service of the state all or any portion of the organized militia as herein provided, he shall declare a state of emergency in such locality and it shall be the duty of the Governor to confirm such declaration and order in writing which shall state the area into which said force of the organized militia has been ordered.

HISTORY: Codes, 1942, § 8519-81; Laws, 1966, ch. 539, § 52, eff from and after June 1, 1966.

§ 33-7-303. Power of Governor to declare martial law.

1. The Governor, if he deems it necessary to preserve law and order, may by proclamation declare martial law to be in effect in any county or area in the state. Such proclamation shall be in writing, shall define the limits of such martial law, and specify the forces to be used, and the extent and degree to which martial law may be employed.
2. 1. Nothing in this section or in any other statute shall be construed to confer upon the Governor or any official or employee of any department, agency or political subdivision of the state the power to:
      1. Confiscate or seize a firearm, ammunition, or components of firearms or ammunition from a person who is in lawful possession of such firearm, ammunition, or components of ammunition; or
      2. Impose additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of firearms, ammunition, or components of firearms or ammunition.
   2. For the purposes of this subsection:
      1. “Ammunition” means a cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm.
      2. “Firearm” means any weapon which will or is designed to expel any projectile by the action of an explosive.

HISTORY: Codes, 1942, § 8519-82; Laws, 1966, ch. 539, § 53; Laws, 2014, ch. 443, § 1, eff from and after July 1, 2014.

§ 33-7-305. National Guard; duty when ordered out.

It shall be the duty of the Governor, when ordering out any portion of the National Guard, for active state duty, to issue his orders to the officer in command of such troops as he may have ordered out, directing him as to the duty to be performed and the kind and extent of force to be used in the performance of such duty, and if the troops are so ordered out for the purpose of aiding the civil authorities, he shall designate in his order the civil authorities, if any, to be consulted by the commander of the troops and to what extent the troops will cooperate with or take orders from the civil authorities. When an armed military force is ordered out in aid of civil authorities, the orders of the civil officer or officers shall not extend beyond a direction of the general or specific objects to be accomplished. The tactical direction of the troops, the kind and extent of the force to be used, and the particular means to be employed are left solely with the military officers, subject to the orders received from the commander in chief.

HISTORY: Codes, 1942, § 8519-83; Laws, 1966, ch. 539, § 54, eff from and after June 1, 1966.

§ 33-7-307. Authority to close establishments.

Whenever any part of the military forces of this state is on active duty pursuant to the order of the Governor, the commanding officer may order the closing of any place where intoxicating liquors, arms, ammunition, dynamite or other explosives are sold, and forbid the sale, barter, loan or the giving away of these articles so long as any of the troops remain on duty in the vicinity where the place ordered closed may be located.

HISTORY: Codes, 1942, § 8519-84; Laws, 1966, ch. 539, § 55, eff from and after June 1, 1966.

§ 33-7-309. Control of unlawful assemblies.

Before using military forces in the dispersion of any riot, tumult, mob, or other lawless or unlawful assembly, or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace, of if none be present, then of the officer in command of the troops, or some person by him deputed to command persons composing such riotous, tumultuous, or unlawful assemblage or mob, to disperse and retire peacefully to their respective abodes and businesses; but, in no case, shall it be necessary to use any set or particular form or words in ordering the dispersion of any riotous, tumultuous or unlawful assembly; nor shall any such command be necessary where the officer or person, in order to give it, would necessarily be put in imminent danger of loss of life, or great bodily harm, or where such unlawful assembly or riot is engaged in the commission or perpetration of any forcible and atrocious felony, or in assaulting or attacking any civil officer, or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to any person or property.

Any person or persons, composing or taking part in any riot, tumult, mob or lawless combination or assembly, mentioned in this chapter, who, after being duly commanded to disperse as hereinbefore provided in this section, wilfully and intentionally fails to do so, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one (1), nor more than two (2) years.

Any person who unlawfully assaults or fires at, or throws any missile at, against, or upon any member or body of the militia or National Guard, or civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provision of this section, must, on conviction, be imprisoned in the penitentiary for not less than two (2) years, nor more than five (5) years.

If any portion of the militia or National Guard, or person lawfully aiding them in the performance of any duty under the provisions of this section, are assaulted, attacked, or are in imminent danger thereof, the commanding officer of such militia or National Guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command.

Whenever any shot is fired, or missile thrown, at or upon any body of the National Guard or militia in the performance of any duty under the provisions of this section it shall forthwith be the duty of every person in the assemblage from which the shot is fired, or missile thrown, immediately to disperse or retire therefrom, without awaiting orders to do so. Any person knowing or having reason to believe that a shot has been fired, or missile thrown, from any assemblage of which such person forms a part, or where he is present, and failing, without lawful excuse to retire immediately from such assemblage, is guilty of a misdemeanor, and must on conviction be imprisoned in the county jail for not less than one (1) month, nor more than one (1) year, and any person so remaining in such assemblage after being duly commanded to disperse, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one (1) year, nor more than two (2) years.

Any commander of any military forces of the state engaged in dispersing any mob, or persons engaged in riot or tumult, may place any person or persons in the immediate vicinity of such mob or persons in protective custody and remove them to and hold them at any military installation within the state for a period not to exceed forty-eight (48) hours. However, all such persons shall at their request at the end of such forty-eight (48) hour period be returned to any city or town within the county from which removed.

HISTORY: Codes, 1942, § 8519-85; Laws, 1966, ch. 539, § 56, eff from and after June 1, 1966.

§ 33-7-311. Exemption from liability.

No member of the militia ordered into the active service of the state, or ordered into any Title 32 United States Code capacity for service during a period of declared emergency under the Mississippi Emergency Management Law, Section 33-15-1 et seq., shall be liable civilly or criminally for any act or omission done, or caused, ordered or directed to be done, by him in furtherance of and while in the performance of his military duty. When an action or proceeding of any nature shall be commenced in any court by any person against any officer or enlisted man of the militia for any act so done, or caused, ordered or directed to be done, all the attorneys’ fees, expenses of the defense of such proceeding or action, civil or criminal, including fees of witnesses for the defense, defendant’s court costs, and all costs for transcripts of records and abstract, thereof on appeal, shall be paid by the state, out of the Military Fund. It shall be the duty of the Attorney General, either personally or by one or more assistants, to defend the officer or enlisted man. Where the action or proceeding is criminal, the Adjutant General shall designate a judge advocate of the National Guard or other authorized state military or naval forces to conduct the defense of such member, or if the services of a judge advocate are not available, then he shall select some other competent attorney to conduct such defense, and the judge advocate or other attorney so selected shall receive and be paid out of the Military Fund a reasonable compensation for his professional services. In any such action or proceeding, the defendant may require the person instituting or prosecuting the same to file security for payment of all costs, which costs if recovered in action, the costs whereof have been paid out of the Military Fund, shall be paid into the State Treasury for the benefit of the Military Fund. In any such suit against a member of the militia of this state, such member shall be entitled to have the venue changed to the appropriate court of his county of residence. In any such suit against two (2) or more members of the militia of this state, each of them shall be entitled to a severance. The immunities granted in this section are in addition to any other immunities conferred upon the militia by any other law, and nothing in this section shall abrogate or repeal any other such immunities.

HISTORY: Codes, 1942, § 8519-86; Laws, 1966, ch. 539, § 57; Laws, 2015, ch. 385, § 1, eff from and after July 1, 2015.

§ 33-7-313. National Guard; pay; active state duty.

Whenever the National Guard, or any part thereof, is called out to aid civil authorities or to supersede same, or for any other active state duty, the officers, warrant officers and enlisted men of such force shall receive the same pay and allowances as officers, warrant officers and enlisted men of like grades and length of service in the Armed Forces of the United States. However, no one called out for such service shall receive less than Twenty-five dollars ($25.00) per day in addition to their allowances.

HISTORY: Codes, 1942, § 8519-87; Laws, 1966, ch. 539, § 58; Laws, 1974, ch. 309, eff from and after passage (approved Feb. 27, 1974).

§ 33-7-315. Expenses for active state duty.

Whenever the National Guard, or any part thereof, is ordered out for active state duty, all expenses incurred in such service shall be paid from funds of the State of Mississippi not otherwise appropriated.

HISTORY: Codes, 1942, § 8519-88; Laws, 1966, ch. 539, § 59, eff from and after June 1, 1966.

§ 33-7-316. Mississippi National Guard State Active Duty Emergency Operations Fund created.

There is hereby created in the State Treasury a special fund to be known as the “Mississippi National Guard State Active Duty Emergency Operations Fund” for the purpose of receiving monies appropriated or otherwise made available in any manner for deposit into the fund for maintaining annual general fund budget restrictions and enabling the Mississippi Military Department to respond to domestic events as directed by the Governor during declared states of emergency or in conjunction with approved emergency management assistance compacts. Monies in the special fund may be expended by the Mississippi Military Department, upon appropriation by the Legislature. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in such special fund shall be deposited to the credit of the special fund. No state general funds shall be deposited into the special fund.

HISTORY: Laws, 2017, ch. 433, § 1, eff from and after July 1, 2017.

§ 33-7-317. Duty to maintain militia.

The duty of governing and maintaining the National Guard of Mississippi not in the service of the United States rests upon the state, subject to the constitutional authority of congress.

HISTORY: Codes, 1942, § 8519-91; Laws, 1966, ch. 539, § 61, eff from and after June 1, 1966.

§ 33-7-401. Short title.

This article shall be known as the Mississippi National Guard Educational Assistance Law.

HISTORY: Laws, 1975, ch. 422, § 1; reenacted, Laws, 1980, ch. 334, § 1; reenacted, Laws, 1982, ch. 333, § 1, eff from and after July 1, 1982.

§ 33-7-403. Definitions.

As used in this article, the following words shall have the meanings as set forth by this section:

“Mississippi National Guard” means federally recognized units of the Mississippi National Guard.

“Gender” means words importing the masculine gender only shall apply to female as well as male.

“Active member” means a member of a federally recognized unit of the Mississippi National Guard meeting the minimum requirements for satisfactory membership as defined in the Department of the Army and Air Force Regulations.

“Tuition” means actual cost, including any fees and books, not to exceed the highest actual cost charged by any public, accredited institution of higher learning, vocational education school or community or junior college in Mississippi.

HISTORY: Laws, 1975, ch. 422, § 2; Laws, 1978, ch. 348, § 1; reenacted, Laws, 1980, ch. 334, § 2; reenacted and amended, Laws, 1982, ch. 333, § 2; Laws, 1985, ch. 317, § 1; Laws, 1994, ch. 569, § 1; Laws, 2000, ch. 327, § 1, eff from and after July 1, 2000.

§ 33-7-405. National Guard members eligible for tuition and room and board assistance.

The Adjutant General is hereby authorized to pay the tuition, room and board for any active member of the Mississippi National Guard who is enrolled or may enroll within the State of Mississippi in an accredited institution of higher learning, vocational education school or junior college. To be eligible for such benefits, the individual, at the time of his initial enrollment, must be a captain, lieutenant, warrant officer, cadet, officer candidate or enlisted member of the Mississippi National Guard, or a member of such guard who is participating in the educational program authorized by this section as of July 1, 1978; be at least seventeen (17) years of age; and be a resident and a qualified elector of the State of Mississippi. To be eligible for the room and board grant, an individual must also be in an officer producing program and be selected to receive the grant by the Adjutant General. The tuition may only be used for undergraduate studies and vocational education courses, whether such coursework is taken on a semester or clock-hour basis. In no event will any individual be eligible for payment of tuition after receipt of an undergraduate degree, whether received through this article or not. No person shall be eligible for a tuition and/or a room and board grant for more than ten (10) years after the date of the first tuition payment for him under this article. The Adjutant General shall set up minimum standards for performance that must be met in order to maintain eligibility for continuing in the program.

HISTORY: Laws, 1975, ch. 422, § 3; Laws, 1978, ch. 348, § 2; Laws, 1980, ch. 334, § 3; reenacted and amended, Laws, 1982, ch. 333, § 3; Laws, 1985, ch. 317, § 2; Laws, 1992, ch. 353, § 1; Laws, 1994, ch. 569, § 2; Laws, 2007, ch. 584, § 1, eff from and after July 1, 2007.

§ 33-7-407. Conditions of eligibility.

In addition to the prerequisites of Section 33-7-405, the following requirements must be met:

The active member must have completed basic training, be a commissioned officer, be a cadet or be an officer candidate.

He must be a member in good standing with the active Mississippi National Guard, as prescribed by regulations promulgated by the Department of the Army, the Department of the Air Force and the Military Department of Mississippi, at the time of application and during the entire semester/quarter for which benefits are received.

The active member must not be eligible for veterans’ educational assistance pursuant to 38 USCS Sections 1601 through 1643 or pursuant to 38 USCS Sections 1651 through 1698.

The active member must not (i) be eligible for educational assistance pursuant to 10 USCS Sections 2131 through 2135, or (ii) have qualified for an enlistment bonus pursuant to 37 USCS 308c within the past six (6) years. Nothing in this paragraph shall be construed to render ineligible any active member who is eligible for or has received a reenlistment bonus pursuant to 37 USC 308b. The Adjutant General is authorized and empowered, in his discretion, to waive the disqualifications for assistance, or any one of them, established in items (i) and (ii) of this paragraph upon a determination by him that all monies appropriated to fund the National Guard Educational Assistance Law will not be expended to provide benefits for eligible active members and that it would be in the best interests of the Mississippi National Guard to assist other active members who, but for the disqualifications established in this paragraph, would be eligible to receive assistance pursuant to this article.

HISTORY: Laws, 1975, ch. 422, § 4; reenacted, Laws, 1980, ch. 334, § 4; reenacted and amended, Laws, 1982, ch. 333, § 4; Laws, 1994, ch. 569, § 3, eff from and after July 1, 1994.

§ 33-7-409. Termination of benefits.

In the event the individual’s service in the Mississippi National Guard is terminated or his service becomes unsatisfactory while receiving the benefits afforded by this program, the benefits will be terminated. After termination for the above causes, an individual will be ineligible for any further benefits under this article. If for any reason an individual is dismissed from any school for academic or disciplinary reasons, he is ineligible for future benefits from this program. The Adjutant General shall be the final authority for making such determinations.

HISTORY: Laws, 1975, ch. 422, § 5; reenacted, Laws, 1980, ch. 334, § 5; reenacted, Laws, 1982, ch. 333, § 5, eff from and after July 1, 1982.

§ 33-7-411. Adjutant General to administer program.

The Adjutant General of Mississippi shall be responsible for the establishment of policies, the administration and implementation of the article. He is also the final authority in determining eligible applicants.

HISTORY: Laws, 1975, ch. 422, § 6; reenacted, Laws, 1980, ch. 334, § 6; reenacted, Laws, 1982, ch. 333, § 6, eff from and after July 1, 1982.

§ 33-7-413. Budget; funding.

The Adjutant General of Mississippi will annually submit to the Legislature through the Legislative Budget Office an estimated budget to support the provisions of this article. The Legislature shall fund this article by separate appropriation and the funds shall be subject to audit by the State Auditor of Public Accounts.

HISTORY: Laws, 1975, ch. 422, § 7; Laws, 1978, ch. 348, § 3; Laws, 1980, ch. 334, § 7; Laws, 1981, ch. 335, § 1; reenacted, Laws, 1982, ch. 333, § 7; Laws, 1984, ch. 488, § 196; Laws, 1994, ch. 569, § 4, eff from and after July 1, 1994.

§ 33-7-501. Short title.

This article shall be known, and may be cited, as the National Guard Mutual Assistance Counter-Drug Activities Compact Law.

HISTORY: Laws, 1993, ch. 382, § 1, eff from and after July 1, 1993.

§ 33-7-503. National Guard Mutual Assistance Counter-Drug Activities Compact.

The National Guard Mutual Assistance Counter-Drug Activities Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT

ARTICLE I.

PURPOSE

The purposes of this compact are to:

A. Provide for mutual assistance and support among the party states in the utilization of the National Guard in drug interdiction, counter-drug and demand reduction activities.

B. Permit the National Guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state, for activities within this state, or with a National Guard of one or more other states, whether such activities are within or without this state, in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter-drug activities and demand reduction.

C. Permit the National Guard of this state to act as a receiving and a responding state, as defined within this compact, and ensure the prompt and effective delivery of National Guard personnel, assets and services to agencies or areas that are in need of increased support and presence.

D. Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.

E. Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.

F. Provide protection for the rights of National Guard personnel when performing duty in other states in counter-drug activities.

G. Ensure uniformity of state laws in the area of National Guard involvement in interstate counter-drug activities by incorporating uniform laws within the compact.

ARTICLE II.

ENTRY INTO FORCE AND WITHDRAWAL

A. This compact shall enter into force when enacted into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment thereof.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the Governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states.

ARTICLE III.

MUTUAL ASSISTANCE AND SUPPORT

A. As used in this article:

1. “Drug interdiction and counter-drug activities” means the use of National Guard personnel, while not in federal service, in any law enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States. These activities include, but are not limited to:

Providing information obtained during either the normal course of military training or operations or during counter-drug activities to federal, state or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials;

Making available any equipment (including associated supplies or spare parts), base facilities or research facilities of the National Guard to any federal, state or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulation;

Providing available National Guard personnel to train federal, state or local civilian law enforcement in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable law;

Providing available National Guard personnel to operate and maintain equipment provided to federal, state or local law enforcement officials pursuant to activities defined and referred to in this compact;

Operation and maintenance of equipment and facilities of the National Guard or law enforcement agencies used for the purposes of drug interdiction and counter-drug activities;

Providing available National Guard personnel to operate equipment for the detection, monitoring and communication of the movement of air, land and sea traffic, to facilitate communications in connection with law enforcement programs, to provide transportation for civilian law enforcement personnel and to operate bases of operations for civilian law enforcement personnel;

Providing available National Guard personnel, equipment and support for administrative, interpretive, analytic or other purposes;

Providing available National Guard personnel and equipment to aid federal, state and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution or transportation of controlled substances as defined in 21 U.S.C.S. 801 et seq., or otherwise by law, in accordance with other law.

2. “Demand reduction” means providing available National Guard personnel, equipment, support and coordination to federal, state, local and civil organizations, institutions and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs.

3. “Requesting state” means the state whose Governor requested assistance in the area of counter-drug activities.

4. “Responding state” means the state furnishing assistance, or requested to furnish assistance, in the area of counter-drug activities.

5. “Law enforcement agency” means a lawfully established federal, state or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs or controlled substances laws.

6. “Official” means the appointed, elected, designated or otherwise duly selected representative of an agency, institution or organization authorized to conduct those activities for which support is requested.

7. “Mutual assistance and support agreement” or “agreement” means an agreement between the National Guard of this state and one or more law enforcement agencies or between the National Guard of this state and the National Guard of one or more other states, consistent with the purposes of this compact.

8. “Party state” refers to a state that has lawfully enacted this compact.

9. “State” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or possession of the United States.

B. Upon the request of a Governor of a party state for assistance in the area of drug interdiction, counter-drug and demand reduction activities, the Governor of a responding state shall have authority under this compact to send without the borders of his or her state and place under the temporary operational control of the appropriate National Guard or other military authorities of the requesting state, for the purposes of providing such requested assistance, all or any part of the National Guard forces of his or her state as he or she may deem necessary, and the exercise of his or her discretion in this regard shall be conclusive.

C. The Governor of a party state may, within his or her discretion, withhold the National Guard forces of his or her state from such use and recall any forces or part or member thereof previously deployed in a requesting state.

D. The National Guard of this state is hereby authorized to engage in counter-drug activities and demand reduction.

E. The Adjutant General of this state, in order to further the purposes of this compact, may enter into a mutual assistance and support agreement with one or more law enforcement agencies of this state, including federal law enforcement agencies operating within this state, or with the National Guard of one or more other party states to provide personnel, assets and services in the area of counter-drug activities, and demand reduction provided that all parties to the agreement are not specifically prohibited by law to perform such activities.

F. The agreement must set forth the powers, rights and obligations of the parties to the agreement, where applicable, as follows:

1. Its duration;

2. The organization, composition and nature of any separate legal entity created thereby;

3. The purpose of the agreement;

4. The manner of financing the agreement and establishing and maintaining its budget;

5. The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

6. Provision for administering the agreement, which may include creation of a joint board responsible for such administration;

7. The manner of acquiring, holding and disposing of real and personal property used in this agreement, if necessary;

8. The minimum standards for National Guard personnel implementing the provisions of this agreement;

9. The minimum insurance required of each party to the agreement, if necessary;

10. The chain of command or delegation of authority to be followed by National Guard personnel acting under the provisions of the agreement;

11. The duties and authority that the National Guard personnel of each party state may exercise; and

12. Any other necessary and proper matters.

Agreements prepared under the provisions of this compact are exempt from any general law pertaining to intergovernmental agreements.

G. As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the office of the Attorney General of Mississippi. The Attorney General of Mississippi may delegate his approval authority to the appropriate attorney for the Mississippi National Guard subject to those conditions which he decides are appropriate. Such delegation must be in writing:

1. The Attorney General, or his agent in the Mississippi National Guard as stated above, shall approve an agreement submitted to him under this part unless he finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of Mississippi. If the Attorney General disapproves an agreement, he shall provide a written explanation to the Adjutant General of the National Guard.

2. If the Attorney General, or his authorized agent as stated above, does not disapprove an agreement within thirty (30) days after its submission to him, it is considered approved.

H. Whenever National Guard forces of any party state are engaged in the performance of duties, in the area of drug interdiction, counter-drug and demand reduction activities, pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty.

ARTICLE IV.

RESPONSIBILITIES

A. Nothing in this compact shall be construed as a waiver of any benefits, privileges, immunities or rights otherwise provided for National Guard personnel performing duty pursuant to Title 32 of the United States Code nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Act. In the event that National Guard personnel performing counter-drug activities do not receive rights, benefits, privileges and immunities otherwise provided for National Guard personnel as stated above, the following provisions shall apply:

1. Whenever National Guard forces of any responding state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges and immunities as members of National Guard forces of the requesting state. The requesting state shall save and hold members of the National Guard forces of responding states harmless from civil liability except as otherwise provided herein, for acts or omissions which occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.

2. Subject to the provisions of paragraphs 3, 4 and 5 of this article, all liability that may arise under the laws of the requesting state or the responding states, on account of or in connection with a request for assistance or support, shall be assumed and borne by the requesting state.

3. Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of National Guard personnel and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense or other cost.

4. Unless there is a written agreement to the contrary, each party shall provide, in the same amounts and manner as if they were on duty within their state, for pay and allowances of the personnel or its National Guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.

5. Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its National Guard forces in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in the event such members sustain injury or are killed while rendering assistance or support pursuant to this compact. Such benefits and compensation shall be deemed items of expense reimbursable pursuant to paragraph 3 of this article.

B. Officers and enlisted personnel of the National Guard performing duties subject to proper orders pursuant to this compact shall be subject to and governed by the provisions of their home state code of military justice whether they are performing duties within or without their home state. In the event that any National Guard member commits, or is suspected of committing, a criminal offense while performing duties pursuant to this compact without his or her home state, he or she may be returned immediately to his or her home state and such home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred.

ARTICLE V.

DELEGATION

Nothing in this compact shall be construed to prevent the Governor of a party state from delegating any of his or her responsibility or authority respecting the National Guard, provided that such delegation is otherwise in accordance with law; for purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

ARTICLE VI.

LIMITATIONS

Nothing in this compact shall:

1. Authorize or permit National Guard units or personnel to be placed under the operational control of any person not having the National Guard rank or status required by law for the command in question.

2. Deprive a properly convened court of jurisdiction over an offense or a defendant merely because of the fact that the National Guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment.

ARTICLE VII.

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable; and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or any state or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

HISTORY: Laws, 1993, ch. 382, § 2, eff from and after July 1, 1993.

§ 33-9-1. Expenses paid from militia appropriation.

All expenditures necessary to carry the provisions of the chapter into effect are hereby authorized to be incurred and paid out of the military fund, except where otherwise specifically provided.

HISTORY: Codes, 1942, § 8519-92; Laws, 1966, ch. 539, § 62, eff from and after June 1, 1966.

§ 33-9-3. United States property and fiscal officer; bond.

The Governor shall appoint, designate or detail, on the recommendation of the Adjutant General, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a federally recognized field grade officer of the Mississippi National Guard who shall be designated as the United States property and fiscal officer for the state. Before entering upon the performance of his duties as property and fiscal officer he shall be required to give good and sufficient bond to the United States, as required by federal statutes, for the faithful performance of his duties and for the safekeeping and proper disposition of the federal funds and property entrusted to his care.

HISTORY: Codes, 1942, § 8519-93; Laws, 1966, ch. 539, § 63, eff from and after June 1, 1966.

§ 33-9-5. United States property and fiscal officer; general duties.

The United States property and fiscal officer for the state shall receipt and account for all funds and property belonging to the United States in possession of the National Guard and shall make returns and reports concerning such funds and property as may be required by the Secretary of the Army and the Secretary of the Air Force. He shall render, through the National Guard Bureau, such accounts of federal funds entrusted to him for disbursement as may be required by the Secretary of the Army and the Secretary of the Air Force. The secretary concerned may cause an inspection of the accounts and records of the property and fiscal officer to be made by an inspector general of his department at least once a year. The United States property and fiscal officer shall function under the direction of the Adjutant General.

HISTORY: Codes, 1942, § 8519-94; Laws, 1966, ch. 539, § 64, eff from and after June 1, 1966.

§ 33-9-7. Annual settlements for property both federal and state.

Federal Property. — The Adjutant General shall direct the USPFO to audit and effect annual settlements with responsible officers having federal property accounts. The USPFO shall cause the responsible officer to prepare and submit proper adjustment documents to cover any discrepancies discovered during such audit. When it is determined by duly appointed reviewing authority that losses were incurred due to fault or negligence of the responsible officer, he shall be held pecuniarily liable. When the responsible officer has been held pecuniarily liable, the Adjutant General shall make demand on the responsible officer for payment to the treasurer of the United States for the specified amount. The Adjutant General shall enter or cause to be entered a suit on the bond of such officer upon failure to comply with demand for payment.

State Property. — All property of a nonconsumable nature procured by the Adjutant General from state appropriated funds and like property purchased from unit maintenance funds shall be accounted for as state property. Property donated from any sources for National Guard use shall be considered state owned property. The Adjutant General shall maintain state property lists for all units and activities of the Mississippi National Guard. The Adjutant General shall cause state property accounts to be audited as he deems necessary. If the audit reflects shortages, the Adjutant General will cause an investigation to be made and take appropriate action. If such shortages are found to be due to the fault or negligence of the responsible officer, the Adjutant General shall make demand on the responsible officer for payment to the military fund of Mississippi for the specified amount. The Adjutant General shall enter or cause to be entered a suit on the bond of such officer upon failure to comply with demand for payment.

HISTORY: Codes, 1942, § 8519-95; Laws, 1966, ch. 539, § 65, eff from and after June 1, 1966.

§ 33-9-9. Prerequisites to sharing in appropriations.

No unit or activity shall participate in the annual appropriation for the maintenance of the militia unless the proper officer of such organizations shall have rendered the required training or was excused by proper authority.

HISTORY: Codes, 1942, § 8519-96; Laws, 1966, ch. 539, § 66; Laws, 1970, ch. 458, § 1, eff from and after July 1, 1970.

§ 33-9-11. Disbursements of military department funds.

The Adjutant General and the Comptroller of the Military Department are responsible for all obligations or indebtedness incurred in the name of the agency or by any employee for them when incurred by such employee acting within the scope of his or her employment. All bills, claims and demands against Military Department funds shall be certified or verified in the manner prescribed by regulations promulgated by the State Auditor and State Treasurer.

Purchase orders will be signed by the Adjutant General, comptroller or such other persons as the Adjutant General may designate in writing to the State Auditor. Requisitions for issuance of warrant will be signed by persons designated by the Adjutant General and will be approved by the Adjutant General, comptroller or such other persons as the Adjutant General may designate in writing to the State Auditor.

HISTORY: Codes, 1942, § 8519-97; Laws, 1966, ch. 539, § 67; Laws, 1974, ch. 308, eff from and after passage (approved Feb. 27, 1974).

§ 33-9-13. Allowances for maintenance.

Each unit shall be entitled to such maintenance fund allowances as may be provided in the annual appropriations act as apportioned by the Adjutant General under such regulations as the Governor may prescribe.

HISTORY: Codes, 1942, § 8519-98; Laws, 1966, ch. 539, § 68, eff from and after June 1, 1966.

§ 33-9-15. Transportation and subsistence of militia on active state duty.

There shall be provided by the state transportation for all officers and transportation and subsistence for all enlisted men who shall be lawfully ordered to active state duty. Necessary transportation, quartermaster’s stores and subsistence for troops when ordered on duty shall be contracted for by the proper officers and paid for as other military expenses.

HISTORY: Codes, 1942, § 8519-99; Laws, 1966, ch. 539, § 69, eff from and after June 1, 1966.

§ 33-9-17. Officers to surrender property.

Every officer of the Mississippi National Guard shall immediately upon his vacating an office, turn over to his successor, or to such other officer as may be designated by the commander in chief, or other competent authority, all records, retained copies of reports, public funds, and public military property pertaining to his former office or command. Any officer who shall fail or refuse to so turn over public funds or military property or records when called upon to do so, or shall abandon the same, or who shall fail or refuse to account for the same in the proper manner prescribed by law and regulations, shall be subject to trial by court-martial and punished as the court may direct.

HISTORY: Codes, 1942, § 8519-100; Laws, 1966, ch. 539, § 70, eff from and after June 1, 1966.

§ 33-9-19. Appropriation of public property.

Any officer or enlisted man taking any government property from any military installation without the consent of his unit commander shall be considered as appropriating government property for his own use and may be tried in any court of competent jurisdiction and on conviction thereof shall suffer a fine in any sum, not exceeding One Hundred Dollars ($100.00), together with the cost of such government property, or imprisonment in the county jail for a period not exceeding sixty (60) days, or shall suffer both fine and imprisonment.

HISTORY: Codes, 1942, § 8519-101; Laws, 1966, ch. 539, § 71, eff from and after June 1, 1966.

§ 33-9-21. Purchase or receiving of military property a misdemeanor.

If any person knowingly purchases or receives in pawn or pledge any military property of the state or of the United States he shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to imprisonment for a period not exceeding one (1) year, or fined not exceeding One Thousand Dollars ($1,000.00), or to both such fine and imprisonment.

HISTORY: Codes, 1942, § 8519-102; Laws, 1966, ch. 539, § 72, eff from and after June 1, 1966.

§ 33-9-23. Disposition of state property.

All military property of the state which after proper inspection shall be found unsuitable for use of the state shall, notwithstanding any law to the contrary, be disposed of in such a manner as the Adjutant General shall direct and the proceeds thereof paid into the Military Fund of the state.

HISTORY: Codes, 1942, § 8519-103; Laws, 1966, ch. 539, § 73, eff from and after June 1, 1966.

§ 33-9-25. Mississippi National Guard Special Construction Project Design Fund.

There is hereby created in the State Treasury a special fund to be known as the Mississippi National Guard Special Construction Project Design Fund for the purpose of receiving monies appropriated for the purpose of defraying the expense of construction design to enable the Mississippi Military Department to access federal construction funds. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.

HISTORY: Laws, 1999, ch. 394, § 1, eff from and after July 1, 1999.

§ 33-11-1. Acquisition of real estate.

The Adjutant General of this state may receive on behalf of the state conveyances of real property suitable for the construction of any required training facility. In accepting any such conveyance on behalf of the state, the state shall incur no liability for the purchase of such real estate unless it can be absorbed by the current appropriation for the operation of the military department. The Adjutant General is further empowered to enter into cooperative agreements with any county, municipality, or other political subdivision, of the state for the purpose of providing facilities for National Guard training purposes.

HISTORY: Codes, 1942, § 8519-111; Laws, 1966, ch. 539, § 74, eff from and after June 1, 1966.

§ 33-11-3. Custody and use of training facilities.

The Adjutant General shall be the state custodian of training facilities. No training facility shall be used for any other than a strictly military purpose without the recommendation of the officer in charge thereof and approval of the Adjutant General.

HISTORY: Codes, 1942, § 8519-112; Laws, 1966, ch. 539, § 75, eff from and after June 1, 1966.

§ 33-11-5. Maintenance of facilities.

The Adjutant General shall be responsible for the proper maintenance of training facilities and is authorized to expend funds appropriated for this purpose.

HISTORY: Codes, 1942, § 8519-113; Laws, 1966, ch. 539, § 76; Laws, 1971, ch. 326, § 1, eff from and after February 25, 1971.

§ 33-11-7. Leasing of training facilities.

The Adjutant General of the state is authorized and empowered to lease for and on behalf of the Mississippi National Guard, and for its use and benefit, such real property within the state as may be necessary and suitable for military installations and training facilities or other military purposes. Said leases may be made for a period of not to exceed ninety-nine (99) years. Payments under such leases may be paid out of the military fund.

HISTORY: Codes, 1942, § 8519-114; Laws, 1966, ch. 539, § 77, eff from and after June 1, 1966.

§ 33-11-9. Indemnity clauses in leases acquired for camp site.

Whenever it shall become necessary or desirable to lease any lands to provide National Guard training facilities, the Adjutant General of Mississippi is hereby authorized and empowered to place in such leases any indemnity clauses that may be required to indemnify any owners of such lands for damages caused to such lands from training uses. Payment for any such damages shall only be made after written appraisal and estimate of such damages by representatives of the Mississippi state forestry commission. Such payment shall only be made from such funds as the Adjutant General may have available for such purposes or from such funds as may be appropriated by the legislature of the State of Mississippi for such purposes. If either the Adjutant General or the owner are dissatisfied with the amount of such damages as estimated by the state forestry commission representative, then the Adjutant General or such owner may appeal to the circuit court of the county in which the land is located within thirty (30) days from the receipt of such written appraisal and estimate for trial and determination, and either the owner or Adjutant General may appeal to the state supreme court from an adverse decision in the circuit court as provided by law.

HISTORY: Codes, 1942, § 8519-115; Laws, 1966, ch. 539, § 78, eff from and after June 1, 1966.

§ 33-11-11. Tax-forfeited lands near Camp Shelby to become part of military reservation.

All tracts of lands belonging to private parties which touch upon and are adjacent to or located within the area of the present military reservation comprising the permanent National Guard camp site and firing ranges in Forrest and Perry Counties, Mississippi, known as Camp Shelby, which have been or may hereafter be forfeited to the State of Mississippi for nonpayment of taxes and are owned by the state shall be held and retained by the State of Mississippi as additions to and as a part of said Camp Shelby military reservation. No tax patents shall be issued therefor to private parties unless the Camp Shelby committee, composed of the Adjutant General of the State of Mississippi, the United States property and disbursing officer of the State of Mississippi, and the senior National Guard officer from the infantry, artillery, engineers, medical corps, and quartermaster corps, shall first certify in writing to the land commissioner of the State of Mississippi that such forfeited tax lands are not needed for said military reservation or an expansion thereof, which certificate shall be made in duplicate, the original thereof to be attached to the application for any such patents and the copy attached to and be made a part of any patent issued therefor. No forfeited tax lands shall be withheld from sale or patent by the state for a period longer than six (6) months from the date of maturity of title thereof in the State of Mississippi unless the Governor shall, by proclamation prior to the expiration of such six (6) months period, set aside and dedicate such lands as part of the Camp Shelby military reservation.

HISTORY: Laws, 1940, ch. 305, § 1, eff from and after passage (approved May 8, 1940).

§ 33-11-13. Exchange of parcels of military reservation for lands vital to its purposes.

1. The Camp Shelby committee, composed of the Adjutant General of the State of Mississippi, the United States property and disbursing officer for the State of Mississippi, and the senior National Guard officer from the infantry, artillery, engineers, medical corps, and quartermaster corps, with the advice and consent of the Governor of Mississippi, are hereby authorized to negotiate and enter into trades with private parties owning lands within, or within the vicinity of, the military reservation comprising the permanent National Guard camp site in Forrest and Perry Counties, Mississippi, known as Camp Shelby, which private lands, in the opinion of the committee, are needed for said permanent camp site and firing ranges, by exchanging therefor parcels of state lands belonging to said military reservation, which parcels, in the judgment of said committee, are not needed for or as vital to said camp site and firing ranges as the parcels owned by private persons to be acquired in exchange therefor.
2. The committee shall make a finding that the lands to be so acquired are more vital and essential to the needs and betterment of said permanent camp site and firing ranges than parcels of state lands to be exchanged therefor, and such exchanges shall be approved by the Department of Defense. In no case shall the state lands so exchanged exceed in acreage the lands acquired in exchange therefor.
3. The state lands to be so exchanged shall be conveyed by deeds executed by the Governor of Mississippi, attested by the secretary of state under the great seal of the State of Mississippi, and approved by all the members of the said Camp Shelby committee.
4. The Attorney General of the State of Mississippi shall pass upon the title and the deeds to the lands to be acquired, and shall approve their legality before they are accepted by the State of Mississippi.

HISTORY: Laws, 1940, ch. 306, §§ 1-4, eff from and after passage (approved May 6, 1940).

§ 33-11-15. Leases to United States authorized for National Guard armories.

The Adjutant General of Mississippi, in his discretion, subject to the approval of the Governor and the Attorney General, is hereby authorized and empowered to execute leases to the United States of America on lands held through deed or lease by the State of Mississippi for National Guard purposes, for the purpose of securing construction of Air National Guard armories thereon at the expense of the federal government. Likewise, the governing board of any county, municipality or school district is authorized to lease lands to the United States for such purpose, and the Adjutant General of Mississippi and said governing boards are authorized to execute such instruments as may be necessary to carry out the purposes of this section.

HISTORY: Codes, 1942, § 8590.5; Laws, 1955, Ex. ch. 123.

§ 33-11-17. Mineral leasing of Camp Shelby site.

The Adjutant General is authorized to lease the Camp Shelby training site for oil and gas and other minerals exploration and to expend revenues therefrom in maintaining and developing the facilities.

He shall cause to be published a legal notice of the proposed lease once each week for three (3) consecutive weeks in a newspaper of general circulation published in Forrest, Harrison and Hinds Counties and in not less than one (1) oil and gas periodical having general circulation in this state, with the last publication to be completed not less than ten (10) days from the date sealed bids are to be received. All bids will be accompanied by a five percent (5%) bid bond in the form of a certified or cashier’s check or in the form of a bid bond of a surety company qualified to do business in this state. If the Adjutant General deems the highest and best bid acceptable, he will make his recommendations in writing to the state oil and gas board for its consideration. The board is hereby authorized to either approve or disapprove the bid or bids, which action shall become final. Any such lease executed by the Adjutant General for oil, gas and for other minerals shall contain contractual provisions which shall not be for more than seven-eighths (7/8) of such oil, gas and for other minerals, retaining to the state at least one-eighth (1/8) royalty to be paid as prescribed by the state oil and gas board. No lease shall be for a primary term in excess of six (6) years.

HISTORY: Codes, 1942, § 8519-113; Laws, 1966, ch. 539, § 76; Laws, 1971, ch. 326, § 1, eff from and after passage (approved February 25, 1971).

§ 33-11-18. Sale or disposal of minerals, timber and other forest products taken from Camp Shelby military reservation.

1. In order to conserve and promote timber development at Camp Shelby, Mississippi, the state forestry commission is directed to lend its services, advice and recommendations to the Adjutant General of Mississippi in developing a sound timber management program on state-owned lands in said military reservation.
2. The Adjutant General is authorized and empowered to sell such trees, timber, stumps, naval stores faces or other forest products on state-owned lands in the military reservation at Camp Shelby, Mississippi, as shall be recommended by the state forestry commission and to secure the services of the state forestry commission in the reforestation and use of planting, cutting and practices recommended by the state forestry commission. The Adjutant General, however, is empowered to cut timber to provide clearing for military purposes and for rights-of-way without recommendation of the state forestry commission, and is authorized to sell such timber at the prevailing scale without advertising for bids, when the value thereof is estimated at less than One Thousand Five Hundred Dollars ($1,500.00) by the state forestry commission. Based on the recommendation and value estimate of the state forestry commission, the Adjutant General is authorized to sell at the prevailing price, without advertising for bids, timber which has been damaged by storm, fire, insect, disease or otherwise. Based on recommendations by the state forestry commission, as provided by the timber management program, the Adjutant General may dispose of nonmarketable timber that is diseased or has been deadened by the state forestry commission, authorizing noncommercial public cutting when considered in the best interest of the state. Provided, however, that before any other sale of timber may be made as herein authorized, the Adjutant General shall advertise for bids on said timber in a newspaper of general circulation in the State of Mississippi at least once each week for three (3) consecutive weeks prior to the date upon which bids are to be received.

   The Adjutant General is hereby authorized to pay all of the funds derived from any timber and other forest product sales on state-owned lands in said reservation into a special fund in the state treasury, which shall be a revolving fund, to be used for the maintenance, development and improvement of said military reservation at Camp Shelby, Mississippi, and out of which the Adjutant General may pay the state forestry commission the cost incurred by the state forestry commission in selecting and cutting trees, tree planting, elimination of undesirable trees and shrubs, construction of fire lanes, control of insect and disease outbreaks, and other desirable aspects of forest management practices on this military reservation for the benefit of this military reservation.

   The Adjutant General of Mississippi, with concurrence of the commission of budget and accounting, may pay from available Camp Shelby timber funds, restitution for timber and/or minerals cut and/or removed without permission, by employees or authorized agents of the state military department, from private property whose sales, use or damage shall have enriched and/or benefited the state military department.

   The funds derived from any timber and other forest product sales as herein provided shall be paid by the state treasurer upon warrants issued by the state auditor of public accounts and the said auditor shall issue his warrant upon requisitions signed by the proper person, officer or officers in the manner provided by law for funds appropriated for support of the Mississippi National Guard.

   The Adjutant General shall make an annual report to the legislature on receipts and disbursements in connection with all funds derived from minerals, timber and other forest product sales on state-owned lands at the Camp Shelby military reservation.

HISTORY: Laws, 1984, ch. 346, § 1, eff from and after passage (approved April 13, 1984).

§ 33-11-19. Procurement of federal funds.

The Adjutant General, subject to the approval of the Governor, is hereby authorized and empowered to negotiate for, accept and approve projects, proposals, contracts and agreements for the construction, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation, in whole or in part with federal funds, of armories, camps, ranges, bases or any building, structure or facility for the organized militia.

When federal funds are made available or provided by the United States to the state either directly or by way of reimbursement in whole or in part for any monies expended by the state for the construction, demolition, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation of any armory, camp, range, base, building, structure or facility for the organized militia, the Adjutant General of the state is hereby authorized to receive such funds in behalf of the state.

HISTORY: Codes, 1942, § 8519-116; Laws, 1966, ch. 539, § 79, eff from and after June 1, 1966.

§ 33-13-1. Definitions.

In this chapter unless the context otherwise requires:

“State military forces” means the National Guard of this state, as defined in Section 101(3), (4) and (6) of Title 32, United States Code, and any other militia or military forces organized under the Constitution and laws of this state.

“Commanding officer” includes commissioned officers and warrant officers, as applicable.

“Officer” means commissioned or warrant officer.

“Superior commissioned officer” means a commissioned officer superior in rank or command.

“Officer candidate” means a cadet of the state officer candidate school.

“Enlisted member” means a person in an enlisted grade.

“Military” refers to any or all of the state military forces.

“Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.

“Military judge” means an official of a court-martial detailed in accordance with Section 33-13-183.

“Convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.

“Legal officer” means any commissioned officer of the state military forces designated to perform legal duties for a command.

“State judge advocate” means the judge advocate of the state military forces, commissioned therein, and responsible for supervising the administration of military justice in the state military forces, and performing such other legal duties as may be required by the Adjutant General.

“Grade” means a step or degree, in a graduated scale of office or military rank that is established and designated as a grade by law or regulation.

“Rank” means the order of precedence among members of the state military forces.

“Military duty (or duty status)” means all duty authorized under the Constitution and laws of the State of Mississippi and all training authorized under Title 32, United States Code.

“Judge advocate” means any commissioned officer who is certified by the state judge advocate.

“Military court” means a court-martial, a court of inquiry, a military commission, or a provost court.

“May” is used in a permissive sense.

“Shall” is used in an imperative sense.

“He”, where used, means, and shall be interpreted to include, both the masculine and feminine gender.

“Code” means this chapter which may be cited as the Mississippi Code of Military Justice.

HISTORY: Codes, 1942, § 8529-01; Laws, 1966, ch. 538, § 1; Laws, 1981, ch. 362, § 1, eff from and after July 1, 1981.

§ 33-13-3. Repealed.

Repealed by Laws, 1989, ch. 473, § 12, eff from and after July 1, 1989.

§33-13-3. [Codes, 1942, § 8529-02; Laws, 1966, ch. 538, § 2; Laws, 1981, ch. 362, § 2]

§ 33-13-5. Concurrent jurisdiction with civilian courts.

This code shall constitute concurrent jurisdiction with appropriate civilian courts over offenses in punitive Sections 33-13-451 through 33-13-465 and 33-13-467 through 33-13-529. Any other crimes defined by statute or existing at common law may be prosecuted by proper authorities as authorized by law.

HISTORY: Former §33-13-5 [Codes, 1942, § 8529-03; Laws, 1966, ch. 538, § 3] recodified as §33-13-9 by Laws, 1981, ch. 362, § 5. Section33-13-5 enacted by Laws, 1981, ch. 362, § 3; Laws, 1989, ch. 473, § 4, eff from and after July 1, 1989.

§ 33-13-7. Persons subject to code.

1. This code applies to all members of the state military forces who are not in active federal service of the United States.
2. The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the state military forces shall be valid for purposes of jurisdiction under subsection (1) of this section and a change of status from civilian to member of the state military forces shall be effective upon taking the oath of enlistment.
3. Notwithstanding any other provision of law, a person serving with the state military forces who:
   1. Submitted voluntarily to military authority;
   2. Met the mental competency and minimum age qualifications (10 USCS Sections 504 and 505) at the time of voluntary submission to military authority;
   3. Received military pay or allowances; and
   4. Performed military duties;

      is subject to this code until such person’s service has been terminated in accordance with law or regulations.

HISTORY: Former §33-13-3 [Codes, 1942, § 8529-02; Laws, 1966, ch. 538, § 2] amended and recodified as §33-13-7 by Laws, 1981, ch. 362, § 4, eff from and after July 1, 1981. Former33-13-7 recodified as §33-13-11.

§ 33-13-9. Jurisdiction to try certain personnel.

1. Each person separated from the state military forces who committed offenses while subject to this code, before such separation, and who later returned to the status of a person subject to this code, is subject to trial by court-martial for all offenses under this code committed before separation, including fraudulent discharge.
2. No person who has deserted from state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

HISTORY: Former §33-13-5 [Codes, 1942, § 8529-03; Laws, 1966, ch. 538, § 3] amended and recodified as §33-13-9 by Laws, 1981, ch. 362, § 5, eff from and after July 1, 1981. Former §33-13-9 recodified as §33-13-13.

§ 33-13-11. Dismissal of commissioned officer.

1. If any commissioned officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused he shall retain his status in the Mississippi military forces.
2. If the Governor fails to convene a general court-martial within three (3) months from the presentation of an application for trial under this code, the Adjutant General of Mississippi, or his designee, acting on behalf of the Governor, shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
3. If a discharge is substituted for a dismissal under this code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
4. If an officer is discharged from the state military forces by administrative action or by board proceedings under law, he has no right to trial under this section.

HISTORY: Former §33-13-7 [Codes, 1942, § 8529-04; Laws, 1966, ch. 538, § 4] amended and recodified as §33-13-11 by Laws, 1981, ch. 362, § 6, eff from and after July 1, 1981. Former §33-13-11 recodified as §33-13-15.

§ 33-13-13. Territorial applicability of code.

1. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state in the same manner and to the same extent as if they were serving inside the state.
2. Courts-martial and courts of inquiry may be convened and held in units of the state, with the same jurisdiction and power as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

HISTORY: Former §33-13-9 [Codes, 1942, § 8529-05; Laws, 1966, ch. 538, § 5] amended and recodified as §33-13-13 by Laws, 1981, ch. 362, § 7, eff from and after July 1, 1981.

§ 33-13-15. Judge advocates and legal officers.

1. The Adjutant General shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of a federal court and of the Supreme Court of the State of Mississippi for at least five (5) years, and a member of the judge advocate general corps for at least five (5) years.
2. The Adjutant General shall appoint judge advocates and legal officers upon recommendation of the state judge advocate. To be eligible for appointment, judge advocates or legal officers must be officers of the state military forces and members of the bar of a federal court and the Supreme Court of the State of Mississippi.
3. The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocates or legal officers of any command are entitled to communicate directly with the staff judge advocates or legal officers of a superior or subordinate command, or with the state judge advocate.
5. No person who has acted as a member, military judge, trial counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.

HISTORY: Former §33-13-11 [Codes, 1942, § 8529-06; Laws, 1966, ch. 538, § 6] amended and recodified as §33-13-15 by Laws, 1981, ch. 362, § 8, eff from and after July 1, 1981.

§ 33-13-17. Apprehension.

1. Apprehension is the taking of a person into custody.
2. Any commissioned officer, warrant officer, noncommissioned officer or military policeman when in the execution of his guard or police duties, any marshal of a court-martial appointed pursuant to the provisions of this code, any peace officer having authority to apprehend offenders under the laws of the United States or of this state, or any other person charged with law enforcement functions who is designated by the Adjutant General of the State of Mississippi, is authorized to apprehend persons subject to this code upon reasonable belief that an offense has been committed and that the person apprehended committed it.
3. Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.

HISTORY: Former §33-13-51 [Codes, 1942, § 8529-07; Laws, 1966, ch. 538, § 7] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-17 by Laws, 1981, ch. 362, § 10, eff from and after July 1, 1981.

§ 33-13-19. Apprehension of deserters.

Any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces.

HISTORY: Former §33-13-53 [Codes, 1942, § 8529-08; Laws, 1966, ch. 538, § 8] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-19 by Laws, 1981, ch. 362, § 11, eff from and after July 1, 1981.

§ 33-13-21. Imposition of restraint.

1. Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within specified limits. Confinement is the physical restraint of a person.
2. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, or noncommissioned officers to order enlisted members of his company or subject to his authority into arrest or confinement.
3. A commissioned officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
4. No person may be ordered into arrest or confinement except for probable cause.
5. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until a proper authority may be notified.

HISTORY: Former §33-13-55 [Codes, 1942, § 8529-09; Laws, 1966, ch. 538, § 9] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-21 by Laws, 1981, ch. 362, § 12, eff from and after July 1, 1981.

§ 33-13-23. Restraint of persons charged with offenses; confinement in civilian institutions.

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement as circumstances may require; but when charged with only an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement unless a threat to himself or others. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil institutions designated by the Adjutant General.

HISTORY: Former §33-13-57 [Codes, 1942, § 8529-10; Laws, 1966, ch. 538, § 10] and §33-13-59 [Codes, 1942, § 8529-11; Laws, 1966, ch. 538, § 11] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-23 by Laws, 1981, ch. 362, § 13, eff from and after July 1, 1981.

§ 33-13-25. Reports and receiving of prisoners.

1. No provost marshal, commander of a guard, master-at-arms, warden, keeper, or officer of a municipal or county jail or any other jail, designated under Section 33-13-23, may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.
2. Every commander of a guard, master-at-arms, warden, keeper or officer of a municipal or county jail or of any other jail, designated under Section 33-13-23, to whose charge a prisoner is committed shall, within twenty-four (24) hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner or the Adjutant General the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment, and such report shall be entered on the jail docket.

HISTORY: Former §33-13-61 [Codes, 1942, § 8529-12; Laws, 1966, ch. 538, § 12] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-25 by Laws, 1981, ch. 362, § 14, eff from and after July 1, 1981.

§ 33-13-27. Punishment prohibited before trial.

Subject to Section 33-13-355, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

HISTORY: Former §33-13-63 [Codes, 1942, § 8529-13; Laws, 1966, ch. 538, § 13] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-27 by Laws, 1981, ch. 362, § 15, eff from and after July 1, 1981.

§ 33-13-29. Delivery of offenders to civil authorities.

1. Under such regulations as may be prescribed under this code, a person subject to this code who is on active duty who is accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial.
2. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial; and the offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.

HISTORY: Former §33-13-65 [Codes, 1942, § 8529-14; Laws, 1966, ch. 538, § 14] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-29 by Laws, 1981, ch. 362, § 16, eff from and after July 1, 1981.

§ 33-13-31. Commanding officer’s nonjudicial punishment.

1. Under such regulations as the Governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, and the categories of commanding officers and warrant officers exercising command authorized to exercise those powers. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Governor, the Governor or an officer of general rank in command may delegate his powers under this section to a principal assistant. If disciplinary punishment other than admonition or reprimand is to be imposed, the accused shall be afforded the opportunity to consult with counsel having the qualifications prescribed under Section 33-13-15(2), Mississippi Code of 1972, if available. Otherwise, the accused shall be afforded the opportunity to be represented by any available commissioned officer of his choice. The accused may also employ civilian counsel of his own choosing at his own expense. In all proceedings, the accused is allowed forty-eight (48) hours, or longer on written justification, to reply to the notification of intent to impose punishment under this section.
2. Subject to subsection (1) of this section, any commanding officer or the Commandant of the Mississippi Military Academy may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses:
   1. Upon officers of his command:
      1. Restriction to certain specified limits with or without suspension from duty, for not more than thirty (30) days;
      2. If imposed by the Governor, or an officer of general rank in command:

      1. Arrest in quarters for not more than thirty (30) days;

      2. A fine of not more thanTwo Hundred Twenty-five Dollars ($225.00), subject to such limitations as may be imposed by federal law;

      3. Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) days;

      4. Detention of not more than one-half (1/2) of one (1) month’s pay per month for three (3) months.

   2. Upon other personnel of his command:
      1. If imposed upon a person attached to or embarked in a vessel, confinement for not more than three (3) days;
      2. Correctional custody for not more than seven (7) days;
      3. A fine of not more than One Hundred Seventy-five Dollars ($175.00), subject to such limitations as may be imposed by federal law;
      4. Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
      5. Extra duties including fatigue or other duties, for not more than thirty (30) days, which need not be consecutive, and for not more than two (2) hours per day, holidays included;
      6. Restriction to certain specified limits, with or without suspension from duty for not more than thirty (30) days;
      7. Detention of not more than fourteen (14) days’ pay;
      8. If imposed by an officer of the grade of major or above:

      1. The punishment authorized under subsection (2)(b)(i) of this section;

      2. Correctional custody for not more than thirty (30) days;

      3. A fine of not more than Two Hundred Twenty-five Dollars ($225.00), subject to such limitations as may be imposed by federal law;

      4. Reduction to the lowest or any intermediate pay grade if the grade from which demoted is within the promotion authority of the officer imposing the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two (2) pay grades;

      5. Extra duties including fatigue or other duties, for not more than forty-five (45) days which need not be consecutive and for not more than two (2) hours per day, holidays included;

      6. Restriction to certain specified limits with or without suspension from duty, for not more than sixty (60) days;

      7. Detention of not more than one-half (1/2) of one (1) month’s pay per month for three (3) months.

      Detention of pay shall be for a stated period of not more than one (1) year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two (2) or more of the punishments of arrest in quarters, correctional custody, extra duties and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. For the purpose of this subsection, “correctional custody” is the physical restraint of a person during nonduty hours and may include extra duties, fatigue duties or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.

3. 1. An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under subsection (2)(b)(i)-(vii) of this section as the Governor may specifically prescribe by regulation.
   2. The Commandant of the Mississippi Military Academy may impose upon officers of which he is in charge such of the punishments authorized under subsection (2)(a)(i) of this section.
4. The officer who imposes the punishment authorized in subsection (2) or his successor in command may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or fine imposed under subsection (2), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside, in whole or in part, the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to a fine and/or detention of pay.

   When mitigating (a) arrest in quarters or restriction, or (b) extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment mitigated.

   When mitigating reduction in grade to a fine and/or detention of pay, the amount of the fine and/or detention shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.

5. A person punished under this section who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may, in the meantime, be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
   1. Arrest in quarters for more than seven (7) days;
   2. Correctional custody for more than seven (7) days;
   3. A fine of Two Hundred Twenty-five Dollars ($225.00);
   4. Reduction of one or more pay grades from the fourth or a higher pay grade;
   5. Extra duties for more than fourteen (14) days’ pay;
   6. Restriction of more than fourteen (14) days’ pay;
   7. Detention of more than fourteen (14) days’ pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the state military forces for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (2).
6. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section, but the fact that disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
7. The Governor may, by regulation, prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing.

HISTORY: Former §33-13-101 [Codes, 1942, § 8529-15; Laws, 1966, ch. 538, § 15] repealed by Laws, 1981, ch. 362, § 102; Laws, 2011, ch. 352, § 1, eff from and after July 1, 2011; Laws, 2019, ch. 407, § 1, eff from and after July 1, 2019.

§§ 33-13-51 through 33-13-65. Repealed.

Repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-51. [Codes, 1942, § 8529-07; Laws, 1966, ch. 538, § 7]

§33-13-53. [Codes, 1942, § 8529-08; Laws, 1966, ch. 538, § 8]

§33-13-55. [Codes, 1942, § 8529-09; Laws, 1966, ch. 538, § 9]

§33-13-57. [Codes, 1942, § 8529-10; Laws, 1966, ch. 538, § 10]

§33-13-59. [Codes, 1942, § 8529-11; Laws, 1966, ch. 538, § 11]

§33-13-61. [Codes, 1942, § 8529-12; Laws, 1966, ch. 538, § 12]

§33-13-63. [Codes, 1942, § 8529-13; Laws, 1966, ch. 538, § 13]

§33-13-65. [Codes, 1942, § 8529-14; Laws, 1966, ch. 538, § 14]

§ 33-13-101. Repealed.

Repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-101. [Codes, 1942, § 8529-15; Laws, 1966, ch. 538, § 15]

§ 33-13-151. Courts-martial classified; composition.

The three (3) kinds of courts-martial in each of the state military forces are:

General court-martial consisting of:

A military judge and not less than six (6) members; or

Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed of a military judge and the military judge approves;

Special court-martial, consisting of:

Not less than three (3) members; or

A military judge and not less than three (3) members; or

Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (a)(ii) so requests; and

Summary court-martial, consisting of one (1) commissioned officer in the grade of major or above, who shall be a military judge licensed to practice law in this state, or a judge advocate licensed to practice law in this state.

HISTORY: Codes, 1942, § 8529-16; Laws, 1966, ch. 538, § 16; Laws, 1981, ch. 362, § 19; Laws, 2017, ch. 354, § 1, eff from and after July 1, 2017.

§ 33-13-153. Jurisdiction of courts-martial in general.

Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the Governor.

HISTORY: Codes, 1942, § 8529-17; Laws, 1966, ch. 538, § 17, eff from and after June 1, 1966.

§ 33-13-155. Jurisdiction of general courts-martial.

1. Subject to Section 33-13-153 of this code, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may under such limitations as the Governor may prescribe, adjudge any of the following punishments:
   1. A fine of not more than Two Thousand Dollars ($2,000.00) or confinement for not more than six (6) months;
   2. A reprimand; or
   3. A bad conduct discharge; or
   4. Dismissal or a dishonorable discharge; or
   5. Reduction of enlisted personnel to lowest pay grade; or
   6. Any combination of these punishments.
2. A dismissal, a bad conduct, or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) of this code was detailed to represent the accused, and a military judge was detailed to the trial.

HISTORY: Codes, 1942, § 8529-18; Laws, 1966, ch. 538, § 18; Laws, 1981, ch. 362, § 20; Laws, 2016, ch. 404, § 1, eff from and after July 1, 2016.

§ 33-13-157. Jurisdiction of special courts-martial.

1. Subject to Section 33-13-153 of this code, special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:
   1. A fine of not more than One Thousand Dollars ($1,000.00), or confinement of not more than one hundred (100) days for a single offense.
   2. A dishonorable discharge may not be imposed.
2. A dismissal of a warrant officer or a bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) of this code was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.

HISTORY: Codes, 1942, § 8529-19; Laws, 1966, ch. 538, § 19; Laws, 1981, ch. 362, § 21; Laws, 2016, ch. 404, § 2, eff from and after July 1, 2016.

§ 33-13-159. Jurisdiction of summary courts-martial.

1. Subject to Section 33-13-153 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
2. Any person given notice of trial by a summary courts-martial may request trial before a special or general courts-martial. The decision to grant this request is reserved to the special or general court-martial convening authority, respectively.
3. The maximum sentence a summary courts-martial may impose for a single offense is:
   1. A fine of not more than Two Hundred Fifty Dollars ($250.00);
   2. Reduction to the lowest or any intermediate pay grade, but an enlisted member in a pay grade above E-4 may not be reduced more than four (4) pay grades;
   3. Confinement for not more than thirty (30) days;
   4. Forfeiture of all pay and allowances for any period of confinement;
   5. If found to have willfully or maliciously caused any injury to any person or property, restitution in an amount of Three Thousand Five Hundred Dollars ($3,500.00) or less; and
   6. Any punishment authorized in Section 33-13-31.
4. Any person given notice of a trial by a summary courts-martial who fails to appear at trial may be tried, convicted and sentenced in absentia.

HISTORY: Codes, 1942, § 8529-20; Laws, 1966, ch. 538, § 20; Laws, 1981, ch. 362, § 22; Laws, 2016, ch. 404, § 3; Laws, 2017, ch. 354, § 2, eff from and after July 1, 2017; Laws, 2019, ch. 408, § 1, eff from and after July 1, 2019.

§ 33-13-161. Jurisdiction of courts-martial not exclusive.

The provisions of this article conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts or other military tribunals.

HISTORY: Codes, 1942, § 8529-21; Laws, 1966, ch. 538, § 21; Laws, 1981, ch. 362, § 23, eff from and after July 1, 1981.

§ 33-13-163. Repealed.

Repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-163. [Codes, 1942, § 8529-22; Laws, 1966, ch. 538, § 22]

§ 33-13-175. Who may convene general courts-martial.

In the state military forces not in federal service, general courts-martial may be convened by:

The Governor of the State of Mississippi; or

The Adjutant General; or

Any other general officer under such regulations as the Governor may promulgate.

HISTORY: Former §33-13-201 [Codes, 1942, § 8529-23; Laws, 1966, ch. 538, § 23] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-175 by Laws, 1981, ch. 362, § 25, eff from and after July 1, 1981.

§ 33-13-177. Who may convene special courts-martial.

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base or other place where troops are on duty, or of a division, brigade, regiment, wing, group, battalion, separate squadron, or other detached command, may convene special court-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court may be convened by superior competent authority if considered advisable by him.

HISTORY: Former §33-13-203 [Codes, 1942, § 8529-24; Laws, 1966, ch. 538, § 24] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-177 by Laws, 1981, ch. 362, § 26, eff from and after July 1, 1981.

§ 33-13-179. Who may convene summary courts-martial.

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or of a regiment, wing, group, battalion, detached squadron, or detached company or higher command, may convene a summary court-martial.

HISTORY: Former §33-13-205 [Codes, 1942, § 8529-25; Laws, 1966, ch. 538, § 25] repealed by Laws, 1981, ch. 362, § 102; Laws, 2017, ch. 354, § 3, eff from and after July 1, 2017.

§ 33-13-181. Who may serve on courts-martial.

1. Any commissioned officer of the state military forces in a duty status is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
2. Any warrant officer of the state military forces in a duty status is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
3. 1. Any enlisted member of the state military forces in a duty status who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of the state military forces who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Section 33-13-207 [repealed] of this code prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (1/3) of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.
   2. In this subsection, the word “unit” means any regularly organized body of the state military forces comparable to company size.
4. 1. When it can be avoided no person subject to this code may be tried by a court-martial any member of which is junior to him in rank or grade.
   2. When convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

HISTORY: Former §33-13-207 [Codes, 1942, § 8529-26; Laws, 1966, ch. 538, § 26] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-181 by Laws, 1981, ch. 362, § 28, eff from and after July 1, 1981.

§ 33-13-183. Military judge of a court-martial.

1. The authority convening a general or special court-martial shall, and subject to regulations issued by the Governor, the authority convening a summary court-martial may, detail a military judge. A military judge or a summary court officer shall preside over open sessions of the court-martial to which he has been detailed and shall be the approving authority over all pleas.
2. A military judge shall be a commissioned officer of the state military forces who is a member of the Judge Advocate General Corps, a member of the bar of a federal court and a member of the bar of the Supreme Court of the State of Mississippi and who is certified to be qualified for duty as a military judge by the State Judge Advocate of the state military forces. Any military judge qualified pursuant to 18 USCS 826 may be considered a military judge herein upon determination of need by the Adjutant General of the State of Mississippi.
3. The military judge of a general court-martial shall be designated by the State Judge Advocate, or his designee, for detail by the convening authority and, unless the court-martial was convened by the Governor or the Adjutant General, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge.
4. No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.
5. The military judge of a court-martial may not consult with the members of the court except in the presence of the trial counsel and defense counsel, nor may he vote with the members of the court in a panel case.
6. A military judge detailed to preside over a court-martial hereunder shall not be subject to any report by the convening authority or any member of his staff concerning the effectiveness, fitness or efficiency of that military judge so detailed, which relates to his performance of duty as a military judge.
7. All trial counsel, defense counsel, military judges, legal officers, summary court officers and any other person certified by the State Judge Advocate to perform legal functions under this code, shall be used interchangeably, as needed, among all of the state military forces.

HISTORY: Former §33-13-209 [Codes, 1942, § 8529-27; Laws, 1966, ch. 538, § 27] repealed by Laws, 1981, ch. 362, § 102; Laws, 2017, ch. 354, § 4, eff from and after July 1, 2017.

§ 33-13-185. Detail of trial counsel and defense counsel.

1. For each general, special and summary court-martial, the authority convening the court shall detail trial counsel and defense counsel and such assistants as he considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel, or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel and defense counsel detailed for any court-martial:
   1. Must be licensed to practice law in the State of Mississippi; and
   2. Must be certified as competent to perform such duties by the State Judge Advocate.

HISTORY: Former §33-13-185 [Codes, 1942, § 8529-28; Laws, 1966, ch. 538, § 28] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-185 by Laws, 1981, ch. 362, § 30; Laws, 1989, ch. 473, § 7, eff from and after July 1, 1989.

§ 33-13-187. Detail or employment of reporters and interpreters.

Under such regulations as the Governor may prescribe, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission or tribunal. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court, commission or tribunal.

HISTORY: Former §33-13-213 [Codes, 1942, § 8529-29; Laws, 1966, ch. 538, § 29] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-187 by Laws, 1981, ch. 362, § 31, eff from and after July 1, 1981.

§ 33-13-189. Absent and additional members.

1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
2. Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. The trial may proceed with the new members present after the recorded evidence previously introduced has been read to the court in the presence of the military judge, the accused and counsel for both sides.
3. Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.
4. If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 33-13-151 of this code, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

HISTORY: Former §33-13-215 [Codes, 1942, § 8529-30; Laws, 1966, ch. 538, § 30] repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981, amended and recodified as §33-13-189 by Laws, 1981, ch. 362, § 32, eff from and after July 1, 1981.

§§ 33-13-201 through 33-13-215. Repealed.

Repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-201. [Codes, 1942, § 8529-23; Laws, 1966, ch. 538, § 23]

§33-13-203. [Codes, 1942, § 8529-24; Laws, 1966, ch. 538, § 24]

§33-13-205. [Codes, 1942, § 8529-25; Laws, 1966, ch. 538, § 25]

§33-13-207. [Codes, 1942, § 8529-26; Laws, 1966, ch. 538, § 26]

§33-13-209. [Codes, 1942, § 8529-27; Laws, 1966, ch. 538, § 27]

§33-13-211. [Codes, 1942, § 8529-28; Laws, 1966, ch. 538, § 28]

§33-13-213. [Codes, 1942, § 8529-29; Laws, 1966, ch. 538, § 29]

§33-13-215. [Codes, 1942, § 8529-30; Laws, 1966, ch. 538, § 30]

§ 33-13-251. Charges and specifications.

1. Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the state military forces authorized to administer oaths and shall state:
   1. That the signed has personal knowledge of, or has investigated the matters set forth therein; and
   2. That they are true in fact to the best of his knowledge and belief.
2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.

HISTORY: Codes, 1942, § 8529-31; Laws, 1966, ch. 538, § 31; Laws, 1981, ch. 362, § 33, eff from and after July 1, 1981.

§ 33-13-253. Compulsory self-incrimination prohibited.

1. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
2. No person subject to this code may interrogate, or request any statement from an accused or a person suspected of any offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial, and that certified military counsel will be detailed by competent authority, or by civilian counsel if provided by the accused or suspect.
3. No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
4. No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.

HISTORY: Codes, 1942, § 8529-32; Laws, 1966, ch. 538, § 32; Laws, 1981, ch. 362, § 34, eff from and after July 1, 1981.

§ 33-13-255. Investigation.

1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges against him and of his right to be represented at that investigation by counsel. Upon his own request, he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
4. The requirements of this section are binding on all persons administering this code, but failure to follow them does not constitute jurisdictional error.

HISTORY: Codes, 1942, § 8529-33; Laws, 1966, ch. 538, § 33; Laws, 1981, ch. 362, § 35, eff from and after July 1, 1981.

§ 33-13-257. Forwarding of charges.

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.

HISTORY: Codes, 1942, § 8529-34; Laws, 1966, ch. 538, § 34; Laws, 1981, ch. 362, § 36, eff from and after July 1, 1981.

§ 33-13-259. Advice of staff judge advocate and reference for trial.

1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of investigation.
2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as needed to make them conform to the evidence may be made.

HISTORY: Codes, 1942, § 8529-35; Laws, 1966, ch. 538, § 35; Laws, 1981, ch. 362, § 37, eff from and after July 1, 1981.

§ 33-13-261. Service of charges.

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his objections, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under Section 33-13-307(1) of this code in a general court-martial case within a period of five (5) days after the service of charges upon him, or in a special court-martial case within a period of three (3) days after the service of charges upon him.

HISTORY: Codes, 1942, § 8529-36; Laws, 1966, ch. 538, § 36; Laws, 1981, ch. 362, § 38, eff from and after July 1, 1981.

§ 33-13-301. Governor may prescribe rules.

The pretrial, trial and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals and courts of inquiry may be prescribed by the Governor by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the State of Mississippi but which may not be contrary to or inconsistent with this code.

HISTORY: Codes, 1942, § 8529-37; Laws, 1966, ch. 538, § 37; Laws, 1981, ch. 362, § 39, eff from and after July 1, 1981.

§ 33-13-303. Unlawfully influencing action of court.

1. No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of this subsection shall not apply with respect to (a) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of court-martial, or (b) statements and instructions given in open court by the military judge, president of a special court-martial or counsel.
2. In the preparation of an effectiveness, fitness or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of or in determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report (a) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (b) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.

HISTORY: Codes, 1942, § 8529-38; Laws, 1966, ch. 538, § 38; Laws, 1981, ch. 362, § 40, eff from and after July 1, 1981.

§ 33-13-305. Duties of trial counsel and defense counsel.

1. The trial counsel of a general or special court-martial shall prosecute in the name of the State of Mississippi, and shall, under the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in his defense before a general, special or summary court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under Section 33-13-185 of this code. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.
3. In every court-martial proceedings, the defense counsel may, in the event of conviction, forward for attachment to the recording of proceedings, a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
4. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section 33-13-185 of this code, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
5. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section 33-13-185 of this code, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.

HISTORY: Codes, 1942, § 8529-39; Laws, 1966, ch. 538, § 39; Laws, 1981, ch. 362, § 41, eff from and after July 1, 1981.

§ 33-13-307. Sessions.

1. At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 33-13-261 of this code, call the court into session without the presence of the members for the purpose of:
   1. Hearing and determining motions raising defense or objections which are capable of determining without trial or the issue raised by a plea of not guilty;
   2. Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
   3. If permitted by regulations of the Governor, holding the arraignment and receiving the pleas of the accused; and
   4. Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to Section 33-13-301 of this code and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel, and shall be made a part of the record.
2. When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in cases in which a military judge has been detailed to the court, the military judge.

HISTORY: Codes, 1942, § 8529-40; Laws, 1966, ch. 538, § 40; Laws, 1981, ch. 362, § 42, eff from and after July 1, 1981.

§ 33-13-309. Continuances.

The military judge, or a court-martial without a military judge, may, for reasonable cause, grant a continuance to any party for such time and for as often as may appear to be just.

HISTORY: Codes, 1942, § 8529-41; Laws, 1966, ch. 538, § 41; Laws, 1981, ch. 362, § 43, eff from and after July 1, 1981.

§ 33-13-311. Challenges.

1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one (1) person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
2. Each accused and the trial counsel are entitled to one (1) preemptory challenge, but the military judge may not be challenged except for cause.

HISTORY: Codes, 1942, § 8529-42; Laws, 1966, ch. 538, § 42; Laws, 1981, ch. 362, § 44, eff from and after July 1, 1981.

§ 33-13-313. Oaths.

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The oath or affirmation shall be taken, and shall read as follows:

Court members:

“You,_______________ , do swear (or affirm) that you will faithfully perform all the duties incumbent upon you as a member of this court; that you will faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations provided for trials by court-martial, the case of (the) (each) accused now before this court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon a challenge or upon the findings or sentence unless required to do so before a court of justice in due course of law. So help you God.”

Military judge:

“You,_______________ , do swear (or affirm) that you will faithfully and impartially perform, according to your conscience and the laws and regulations provided for trials by court-martial, all the duties incumbent upon you as military judge of this court. So help you God.”

Trial counsel and assistant trial counsel:

“You,_______________(and)_______________ , do swear (or affirm) that you will faithfully perform the duties of trial counsel. So help you God.”

Defense counsel and assistant defense counsel:

“You,_______________(and)_______________ , do swear (or affirm) that you will faithfully perform the duties of defense (and individual) counsel. So help you God.”

Court of inquiry:

The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice or hope of reward. So help you God.” After which the president of the court shall administer to the recorder the following oath: “You do swear (or affirm) that you will according to the best of your abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.”

Witnesses:

All persons who give evidence before a court-martial or court of inquiry shall be examined on oath, administered by the presiding officer, in the following form: “You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.”

Reporter or interpreter:

“You swear (or affirm) that you will faithfully perform the duties of reporter (or interpreter) to this court. So help you God.”

HISTORY: Codes, 1942, § 8529-43; Laws, 1966, ch. 538, § 43; Laws, 1981, ch. 362, § 45, eff from and after July 1, 1981.

§ 33-13-315. Statute of limitations.

1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person charged with offenses punishable under this code is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.

HISTORY: Codes, 1942, § 8529-44; Laws, 1966, ch. 538, § 44; Laws, 1981, ch. 362, § 46, eff from and after July 1, 1981.

§ 33-13-317. Former jeopardy.

1. No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense.
2. No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
3. A proceeding which, after the proper convening of the court and the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

HISTORY: Codes, 1942, § 8529-45; Laws, 1966, ch. 538, § 45; Laws, 1981, ch. 362, § 47, eff from and after July 1, 1981.

§ 33-13-319. Pleas of the accused.

1. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through a lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as if he had pleaded not guilty.
2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, or by a summary court officer, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

HISTORY: Codes, 1942, § 8529-46; Laws, 1966, ch. 538, § 46; Laws, 1981, ch. 362, § 48, eff from and after July 1, 1981.

§ 33-13-321. Opportunity to obtain witnesses and other evidence.

1. The trial counsel, the defense counsel, the accused, if not represented by counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses.
2. The military judge or summary court officer of a court-martial may:
   1. Issue a warrant for the arrest of any accused person who having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
   2. Issue a subpoena duces tecum and other subpoenas;
   3. Enforce by attachment the attendance of witnesses and the production of books and papers; and
   4. Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers or peace officers as prescribed by the laws of the state.

HISTORY: Codes, 1942, § 8529-47; Laws, 1966, ch. 538, § 47; Laws, 1981, ch. 362, § 49, eff from and after July 1, 1981.

§ 33-13-323. Refusal to appear or testify.

1. Any person not subject to this code who:
   1. Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer or peace officer designated to take a deposition to be read in evidence before a court; and
   2. Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses under Section 33-13-621 of this code; and
   3. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce, is guilty of an offense against the state and may be punished by a fine not to exceed three hundred dollars ($300.00) or confinement not to exceed thirty (30) days in jail, or by both fine and confinement, and such witness shall be prosecuted in the appropriate county court.
2. The appropriate district attorney for the state in any circuit court having jurisdiction where the military proceeding was convened shall, upon submission of a complaint to him by the presiding officer of a military court, commission, court of inquiry or board, file an information against and prosecute any person violating this section.

HISTORY: Codes, 1942, § 8529-48; Laws, 1966, ch. 538, § 48; Laws, 1981, ch. 362, § 50, eff from and after July 1, 1981.

§ 33-13-325. Contempts.

A military court may punish for contempt any person who uses any menacing words, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Punishment may not exceed confinement for thirty (30) days or a fine of Eight Hundred Dollars ($800.00), or both, provided that punishment of civilians by civilian courts for such contempt shall not be prohibited hereby.

HISTORY: Codes, 1942, § 8529-49; Laws, 1966, ch. 538, § 49; Laws, 1981, ch. 362, § 51; Laws, 2017, ch. 354, § 5, eff from and after July 1, 2017.

§ 33-13-327. Depositions.

1. At any time after charges have been signed, as provided in Section 33-13-251 of this code, any party may take oral or written depositions unless the military judge, a court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate attorneys in the state military forces to represent the prosecution and the defense and may authorize those persons to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
3. Depositions may be taken before and authenticated by any military or civil officer authorized by laws of the state or by the laws of the place where the deposition is taken to administer oaths.
4. Any duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any military court or commission, or in any proceeding before a court of inquiry, if it appears:
   1. That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;
   2. That the witness by reason of death, age or sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
   3. That the present whereabouts of the witness is unknown.

HISTORY: Codes, 1942, § 8529-50; Laws, 1966, ch. 538, § 50; Laws, 1981, ch. 362, § 52, eff from and after July 1, 1981.

§ 33-13-329. Admissibility of records of courts of inquiry.

1. Upon a showing of unavailability in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, or of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consent to the introduction of such evidence.
2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of inquiry or a military board.
4. In all courts of inquiry both enlisted men and officers shall have the right to counsel and the right to cross-examination of all witnesses.

HISTORY: Codes, 1942, § 8529-51; Laws, 1966, ch. 538, § 51; Laws, 1981, ch. 362, § 53, eff from and after July 1, 1981.

§ 33-13-331. Voting and rulings.

1. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall collect and count the votes. The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change his ruling at any time during the trial.
3. Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:
   1. That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
   2. That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
   3. That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt, and;
   4. That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the state.
4. Subsections (1), (2) and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall, in addition, on request, find the facts specially. If an opinion or memorandum of decision is required to be filed, it will be sufficient if the findings of fact appear therein.

HISTORY: Codes, 1942, § 8529-52; Laws, 1966, ch. 538, § 52; Laws, 1981, ch. 362, § 54, eff from and after July 1, 1981.

§ 33-13-333. Number of votes required.

1. No person may be convicted of an offense, except by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a sentence with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

HISTORY: Codes, 1942, § 8529-53; Laws, 1966, ch. 538, § 53; Laws, 1981, ch. 362, § 55, eff from and after July 1, 1981.

§ 33-13-335. Court to announce action.

A court-martial shall announce its finding and sentence to the parties as soon as determined.

HISTORY: Codes, 1942, § 8529-54; Laws, 1966, ch. 538, § 54, eff from and after June 1, 1966.

§ 33-13-337. Record of trial.

1. Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor.
2. Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by such regulations as the Governor may prescribe.
3. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

HISTORY: Codes, 1942, § 8529-55; Laws, 1966, ch. 538, § 55; Laws, 1981, ch. 362, § 56, eff from and after July 1, 1981.

§ 33-13-351. Cruel and unusual punishment prohibited.

Punishment by flogging, or by branding, marking or tatooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

HISTORY: Codes, 1942, § 8529-56; Laws, 1966, ch. 538, § 56, eff from and after June 1, 1966.

§ 33-13-353. Maximum limits.

The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.

HISTORY: Codes, 1942, § 8529-57; Laws, 1966, ch. 538, § 57; Laws, 1981, ch. 362, § 57, eff from and after July 1, 1981.

§ 33-13-355. Effective date of sentences.

1. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
2. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
3. In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until all reviews and any appeals to the Mississippi Court of Military Appeals are complete.
4. All other sentences of courts-martial are effective on the date ordered executed.

HISTORY: Codes, 1942, § 8529-58; Laws, 1966, ch. 538, § 58; Laws, 1981, ch. 362, § 58, eff from and after July 1, 1981.

§ 33-13-357. Execution of confinement.

1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the state military forces or in any jail, penitentiary, or prison or other institution, under the control of this state or any political subdivision thereof and designated by the Adjutant General. Persons so confined in a jail, penitentiary, prison or other institution are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, prison or other institutions by the courts of the state or of any political subdivision thereof.
2. The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
3. The keepers, officers, and wardens of any jails, penitentiaries, prisons, or other institutions, under the control of this state or any political subdivision thereof, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.

HISTORY: Codes, 1942, § 8529-59; Laws, 1966, ch. 538, § 59; Laws, 1981, ch. 362, § 59, eff from and after July 1, 1981.

§ 33-13-401. Error of law; lesser included offense.

1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

HISTORY: Codes, 1942, § 8529-60; Laws, 1966, ch. 538, § 60; Laws, 1981, ch. 362, § 60, eff from and after July 1, 1981.

§ 33-13-403. Initial action on the record.

After trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.

HISTORY: Codes, 1942, § 8529-61; Laws, 1966, ch. 538, § 61; Laws, 1981, ch. 362, § 61, eff from and after July 1, 1981.

§ 33-13-405. General court-martial records.

The convening authority shall refer the record of each general court-martial to his judge advocate who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.

HISTORY: Codes, 1942, § 8529-62; Laws, 1966, ch. 538, § 62, eff from and after June 1, 1966.

§ 33-13-407. Reconsideration and revision.

Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:

For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;

For consideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of some section of this code; or

For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.

HISTORY: Codes, 1942, § 8529-63; Laws, 1966, ch. 538, § 63; Laws, 1981, ch. 362, § 62, eff from and after July 1, 1981.

§ 33-13-409. Rehearings.

If the convening authority disapproves the finding and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a hearing, he shall dismiss the charges.

Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

HISTORY: Codes, 1942, § 8529-64; Laws, 1966, ch. 538, § 64, eff from and after June 1, 1966.

§ 33-13-411. Approval by the convening authority.

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.

HISTORY: Codes, 1942, § 8529-65; Laws, 1966, ch. 538, § 65, eff from and after June 1, 1966.

§ 33-13-413. Initial review and disposition of records.

1. If the convening authority is the Governor, his action on the review of any record of trial is final, subject to review by the Mississippi Court of Military Appeals.
2. In all other cases not covered by subsection (1) of this section, if the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate judge advocate of the state military forces concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the judge advocate shall then be sent to the state judge advocate for review.
3. All other special and summary court-martial records shall be sent to the judge advocate of the appropriate force of the state military forces and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations prescribed by the Governor.
4. The state judge advocate shall review the record of trial in each case sent to him for review as provided under subsection (2) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.
5. The state judge advocate shall take final action in any case reviewable by him.

HISTORY: Codes, 1942, § 8529-66; Laws, 1966, ch. 538, § 66; Laws, 1981, ch. 362, § 63, eff from and after July 1, 1981.

§ 33-13-415. Review by state judge advocate.

1. In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate set aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
2. In a case reviewable by the state judge advocate under this or the proceeding section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.

HISTORY: Codes, 1942, § 8529-67; Laws, 1966, ch. 538, § 67; Laws, 1981, ch. 362, § 64, eff from and after July 1, 1981.

§ 33-13-417. Review by Mississippi Court of Military Appeals.

1. 1. There is hereby established a Mississippi Court of Military Appeals, located for administrative purposes only in the Mississippi Military Department, State of Mississippi. The court shall consist of five (5) judges appointed by the Adjutant General upon the advice and recommendation of the State Judge Advocate for a term of six (6) years. Initial appointments to this court will be: one (1) judge for a term of two (2) years, two (2) judges for a term of four (4) years, and two (2) judges for a term of six (6) years. The term of office of all successor judges shall be for a six-year period of time, but any judge appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. The Adjutant General, upon the advice and recommendation of the State Judge Advocate, shall appoint the chief judge of this court. A person is eligible for appointment to this court who:
      1. Is a member of the bar of the Supreme Court of the State of Mississippi;
      2. Is a member of a federal bar;
      3. Is a commissioned officer of the state military forces, active or retired, or a retired commissioned officer in the reserves of the Armed Forces of the United States of America;
      4. Has been engaged in the active practice of law for at least five (5) years;
      5. Has at least five (5) years’ experience as a staff judge advocate, judge advocate, or legal officer with the state military forces. The requirements in (iv) and (v) of this subsection may be satisfied by equivalent experience or practice in the Armed Forces of the United States.
   2. The court may promulgate its own rules of procedure, provided, however, that a majority of the five (5) judges shall constitute a quorum and the concurrence of a majority of the judges acting on a given case shall be necessary to a decision of the court.
   3. Judges of the Mississippi Court of Military Appeals may be removed by the Adjutant General upon notice and hearing for neglect of duty and malfeasance in office, or for mental or physical disability.
   4. If a judge of the Mississippi Court of Military Appeals is temporarily unable to perform his duties the Adjutant General upon the advice and recommendation of the State Judge Advocate may designate a military judge, as defined in this code, to fill the office for the period of disability.
   5. The judges of the Mississippi Court of Military Appeals, while actually sitting in review of a matter placed under their jurisdiction by the code, and while traveling to and from such sessions, shall be paid compensation equal to that compensation as prescribed for the judges of the circuit courts of the State of Mississippi, to include both salary and travel expenses.
2. The Mississippi Court of Military Appeals shall have appellate jurisdiction, upon petition of an accused, to hear and review the record in:
   1. All general and special court-martial cases; and
   2. All other cases where a judge of this court has made a determination that there may be a constitutional issue involved.
3. The accused has sixty (60) calendar days from the time of receipt of actual notice of the final action on his case, under this code, to petition the Mississippi Court of Military Appeals for review, said petition to set forth all errors assigned. The court shall act upon such a petition within sixty (60) calendar days of the receipt thereof. In the event the court fails or refuses to grant such petition for review the final action of the convening authority will be deemed to have been approved; notwithstanding any other provision of this code, upon the court granting a hearing of an appeal, the court may grant a stay or defer service of the sentence of confinement or any other punishment under this code until the court’s final decision upon the case.
4. In a case reviewable under subsection (2)(a) of this section the Mississippi Court of Military Appeals may act only with respect to the findings and sentence as finally approved and ordered executed by the convening authority. In a case reviewable under subsection (2)(b) of this section this court need take action only with respect to matters of law, and the action of this court is final.
5. If the Mississippi Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed. After the Mississippi Court of Military Appeals has acted on the case, the record shall be returned to the State Judge Advocate who shall notify the convening authority of the court’s decision. If further action is required the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.

HISTORY: Codes, 1942, § 8529-68; Laws, 1966, ch. 538, § 68; Laws, 1981, ch. 362, § 65; Laws, 1989, ch. 473, § 8, eff from and after July 1, 1989.

§ 33-13-419. Precedents of other courts.

Decisions of the United States Court of Appeals for the Armed Forces and of the Courts of Review of the Armed Forces of the United States shall be considered persuasive authority but will not be regarded as binding precedent unless adopted as such by the Mississippi Court of Military Appeals.

HISTORY: Codes, 1942, § 8529-69; Laws, 1966, ch. 538, § 69; Laws, 1981, ch. 362, § 66; Laws, 2016, ch. 333, § 1, eff from and after July 1, 2016.

§ 33-13-421. Appellate counsel.

The counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his own expense. Should the defense or trial counsel become unable to perform their duties because of illness or other disability, the convening authority will appoint a qualified trial or defense counsel to continue the proceedings.

HISTORY: Codes, 1942, § 8529-70; Laws, 1966, ch. 538, § 70; Laws, 1981, ch. 362, § 67, eff from and after July 1, 1981.

§ 33-13-423. Vacation of suspension.

1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a dismissal or bad conduct discharge, or of any general court-martial sentence, a hearing on the alleged violation of probation shall be held. The probationer shall be represented at the hearing by military counsel if he so desires.
2. The record of the hearing and the recommendation of the hearing officer shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the state military forces of which the probationer is a member in all other cases covered by subsection (1) of this section. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

HISTORY: Codes, 1942, § 8529-71; Laws, 1966, ch. 538, § 71; Laws, 1981, ch. 362, § 68, eff from and after July 1, 1981.

§ 33-13-425. Petition for a new trial.

At any time within two (2) years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on ground of newly discovered evidence or fraud on the court-martial. If the accused’s case is pending before the Mississippi Court of Military Appeals when this petition is filed, the appeal will not proceed until the state judge advocate has made a decision on the request. If the petition is granted, the appeal will be dismissed. If the petition is denied, the court of military appeals will continue its proceedings on the case.

HISTORY: Codes, 1942, § 8529-72; Laws, 1966, ch. 538, § 72; Laws, 1981, ch. 362, § 69, eff from and after July 1, 1981.

§ 33-13-427. Remission or suspension; administrative discharge.

1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected fines.
2. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

HISTORY: Codes, 1942, § 8529-73; Laws, 1966, ch. 538, § 73; Laws, 1981, ch. 362, § 70, eff from and after July 1, 1981.

§ 33-13-429. Restoration; administrative discharge.

1. Under such regulations as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or hearing.
2. If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
3. If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and a commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable table of organization. All the time between the dismissal and reappointment shall be considered as service for all purposes.

HISTORY: Laws, 1981, ch. 362, § 71, eff from and after July 1, 1981.

§ 33-13-431. Finality of proceedings, findings, and sentences.

The appellate review of records of trial provided by this code, the proceedings, findings and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval as required by this code, are final and conclusive. Orders publishing the proceedings of the court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the state, subject only to action upon a petition for a new trial as provided in Section 33-13-425.

HISTORY: Laws, 1981, ch. 362, § 72, eff from and after July 1, 1981.

§ 33-13-451. Persons to be tried or punished.

No person may be tried or punished for any offense provided for in Sections 33-13-451 through 33-13-529 of this code, unless it was committed while he was in a duty status or during a period of time when he was under lawful orders to be in a duty status.

HISTORY: Codes, 1942, § 8529-74; Laws, 1966, ch. 538, § 74; Laws, 1981, ch. 362, § 73, eff from and after July 1, 1981.

§ 33-13-453. Principal.

Any person subject to this code who:

1. commits an offense punishable by this code or aids, abets, counsels, commands or procures its commission; or
2. causes an act to be done which if directly performed by him would be punishable by this code; is a principal.

HISTORY: Codes, 1942, § 8529-75; Laws, 1966, ch. 538, § 75, eff from and after June 1, 1966.

§ 33-13-455. Accessory after the fact.

Any person subject to this code, who knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-76; Laws, 1966, ch. 538, § 76, eff from and after June 1, 1966.

§ 33-13-457. Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

HISTORY: Codes, 1942, § 8529-77; Laws, 1966, ch. 538, § 77, eff from and after June 1, 1966.

§ 33-13-459. Attempts.

An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

HISTORY: Codes, 1942, § 8529-78; Laws, 1966, ch. 538, § 78, eff from and after June 1, 1966.

§ 33-13-461. Conspiracy.

Any person subject to this code who conspires with any other person to commit an offense under this code, shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-79; Laws, 1966, ch. 538, § 79, eff from and after June 1, 1966.

§ 33-13-463. Solicitation.

Any person subject to this code who solicits or advises another or others to desert in violation of Section 33-13-469 of this code or mutiny in violation of Section 33-13-487 of this code, shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if, the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.

Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Section 33-13-497 of this code, or sedition in violation of Section 33-13-487 of this code shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-80; Laws, 1966, ch. 538, § 80, eff from and after June 1, 1966.

§ 33-13-465. Fraudulent enlistment, appointment, or separation.

Any person who:

1. procures his own enlistment or appointment in the state military forces by knowingly false representations or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
2. procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-81; Laws, 1966, ch. 538, § 81, eff from and after June 1, 1966.

§ 33-13-467. Unlawful enlistment, appointment, or separation.

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-82; Laws, 1966, ch. 538, § 82, eff from and after June 1, 1966.

§ 33-13-469. Desertion.

1. Any member of the state military forces who:
   1. Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently; or
   2. Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
   3. Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States or in any foreign armed service without fully disclosing the fact that he has not been regularly separated; is guilty of desertion.
2. Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-83; Laws, 1966, ch. 538, § 83; Laws, 1981, ch. 362, § 74, eff from and after July 1, 1981.

§ 33-13-471. Absent without leave.

Any person subject to this code, who without authority:

1. fails to go to his appointed place of duty at the time prescribed;
2. goes from that place; or
3. absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-84; Laws, 1966, ch. 538, § 84, eff from and after June 1, 1966.

§ 33-13-473. Missing movement.

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-85; Laws, 1966, ch. 538, § 85, eff from and after June 1, 1966.

§ 33-13-475. Contempt towards Governor.

Any commissioned officer subject to this code who uses contemptuous words against the Governor of Mississippi shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-86; Laws, 1966, ch. 538, § 86; Laws, 1981, ch. 362, § 75, eff from and after July 1, 1981.

§ 33-13-477. Disrespect toward superior commissioned officer.

Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-87; Laws, 1966, ch. 538, § 87, eff from and after June 1, 1966.

§ 33-13-479. Assaulting or willfully disobeying superior commissioned officer.

Any person subject to this code who:

Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while that officer is in the execution of his office; or

Willfully disobeys a lawful command of his commissioned officer; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-88; Laws, 1966, ch. 538, § 88; Laws, 1981, ch. 362, § 76, eff from and after July 1, 1981.

§ 33-13-481. Insubordinate conduct toward warrant officer or noncommissioned officer.

Any person subject to this code who:

Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office; or

Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-89; Laws, 1966, ch. 538, § 89; Laws, 1981, ch. 362, § 77, eff from and after July 1, 1981.

§ 33-13-483. Failure to obey order or regulation.

Any person subject to this code who:

1. violates or fails to obey any lawful general order or regulation;
2. having knowledge of any other lawful order issued by a member of the state military forces which it is his duty to obey, fails to obey the order; or
3. is derelict in the performance of his duties; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-90; Laws, 1966, ch. 538, § 90, eff from and after June 1, 1966.

§ 33-13-485. Cruelty and maltreatment.

Any person subject to this code, who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-91; Laws, 1966, ch. 538, § 91, eff from and after June 1, 1966.

§ 33-13-487. Mutiny or sedition.

Any person subject to this code who:

1. with intent to usurp or override lawful military authority refuses, in concert with any other person, or persons, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
2. with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbances against that authority is guilty of sedition;
3. fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place; is guilty of a failure to suppress or report a mutiny or sedition.

A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-92; Laws, 1966, ch. 538, § 92, eff from and after June 1, 1966.

§ 33-13-489. Resistance, breach of arrest, and escape.

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-93; Laws, 1966, ch. 538, § 93, eff from and after June 1, 1966.

§ 33-13-491. Releasing prisoner without proper authority.

Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.

HISTORY: Codes, 1942, § 8529-94; Laws, 1966, ch. 538, § 94, eff from and after June 1, 1966.

§ 33-13-493. Unlawful detention of another.

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-95; Laws, 1966, ch. 538, § 95, eff from and after June 1, 1966.

§ 33-13-495. Noncompliance with procedural rules.

Any person subject to this code who:

Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before or after trial of an accused; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-96; Laws, 1966, ch. 538, § 96; Laws, 1981, ch. 362, § 78, eff from and after July 1, 1981.

§ 33-13-497. Misbehavior before the enemy.

Any person subject to this code who before or in the presence of the enemy:

Runs away;

Shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend;

Through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;

Casts away his arms or ammunition;

Is guilty of cowardly conduct;

Causes false alarms in the command, unit or place under control of the Armed Forces of the United States or the state military forces of Mississippi, or any other state;

Quits his place of duty to plunder or pillage;

Willfully fails to do his utmost to encounter, engage, capture or destroy enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty to so encounter, engage, capture or destroy; or

Does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the Armed Forces belonging to the United States or their allies, to this state, or to any other state, when engaged in battle; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-97; Laws, 1966, ch. 538, § 97; Laws, 1981, ch. 362, § 79, eff from and after July 1, 1981.

§ 33-13-499. Subordinate compelling surrender.

Any person subject to this code who compels or attempts to compel the commander of any place, vessel, aircraft or other military property, or of any body of members of the state military forces of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-98; Laws, 1966, ch. 538, § 98; Laws, 1981, ch. 362, § 80, eff from and after July 1, 1981.

§ 33-13-501. Improper use of countersign.

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-99; Laws, 1966, ch. 538, § 99, eff from and after June 1, 1966.

§ 33-13-503. Forcing a safeguard.

Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-100; Laws, 1966, ch. 538, § 100, eff from and after June 1, 1966.

§ 33-13-505. Captured or abandoned property.

1. All persons subject to this code shall secure all public property taken from the enemy for the service of the State of Mississippi or the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
2. Any person subject to this code who:
   1. Fails to carry out the duties prescribed in subsection (1);
   2. Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or
   3. Engages in looting or pillaging; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-101; Laws, 1966, ch. 538, § 101; Laws, 1981, ch. 362, § 81, eff from and after July 1, 1981.

§ 33-13-507. Aiding the enemy.

Any person subject to this code who:

1. aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
2. without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-102; Laws, 1966, ch. 538, § 102, eff from and after June 1, 1966.

§ 33-13-509. Misconduct of a prisoner.

Any person subject to this code who, while in the hands of the enemy in time of war:

1. for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
2. while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-103; Laws, 1966, ch. 538, § 103, eff from and after June 1, 1966.

§ 33-13-511. False official statements.

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-104; Laws, 1966, ch. 538, § 104, eff from and after June 1, 1966.

§ 33-13-513. Military property loss, damage, destruction, wrongful disposition.

Any person subject to this code who, without proper authority:

1. sells or otherwise disposes of;
2. wilfully or through neglect damages, destroys, or loses; or
3. wilfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of, any military property of the United States or of the State of Mississippi; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-105; Laws, 1966, ch. 538, § 105, eff from and after June 1, 1966.

§ 33-13-515. Property other than military property; waste, spoilage, or destruction.

Any person subject to this code who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of this state shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-106; Laws, 1966, ch. 538, § 106; Laws, 1981, ch. 362, § 82, eff from and after July 1, 1981.

§ 33-13-517. Improper hazarding of vessel.

Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.

Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-107; Laws, 1966, ch. 538, § 107, eff from and after June 1, 1966.

§ 33-13-519. Under influence of liquor or drugs while on duty; sleeping on post; leaving post before relief.

Any person subject to this code who is found under the influence of intoxicating liquor or any controlled substance listed in the Uniform Controlled Substances Law while on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-108; Laws, 1966, ch. 538, § 108; Laws, 1981, ch. 362, § 83; Laws, 1989, ch. 473, § 9, eff from and after July 1, 1989.

§ 33-13-520. Use, possession, distribution, etc. of controlled substance; controlled substance defined.

1. Any person subject to this code who uses, while on duty, any controlled substance listed in the Uniform Controlled Substances Law, not legally prescribed, or is found, by a chemical analysis of such person’s blood or urine, to have in his blood, while on duty, any controlled substance described in subsection (3), not legally prescribed, shall be punished as a court-martial may direct.
2. Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the state military forces a substance described in subsection (3) shall be punished as a court-martial may direct.
3. The substances referred to in subsections (1) and (2) are the following:
   1. Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.
   2. Any substance not specified in paragraph (a) that is listed on a schedule of controlled substance prescribed by the President for the purposes of the federal Uniform Code of Military Justice.
   3. Any other substance not specified in paragraph (a) or contained on a list prescribed by the President under paragraph (b) that is listed in Schedules I through V of Section 202 of the federal Controlled Substances Act (21 USCS § 812).

HISTORY: Laws, 1989, ch. 473, § 10, eff from and after July 1, 1989.

§ 33-13-521. Malingering.

Any person subject to this code who for the purpose of avoiding work, duty or service in the state military forces:

Feigns illness, physical disablement, mental lapse or derangement; or

Intentionally inflicts self-injury; shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-109; Laws, 1966, ch. 538, § 109; Laws, 1981, ch. 362, § 84, eff from and after July 1, 1981.

§ 33-13-523. Riot or breach of peace.

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-110; Laws, 1966, ch. 538, § 110; Laws, 1981, ch. 362, § 85, eff from and after July 1, 1981.

§ 33-13-525. Provoking speeches or gestures.

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-111; Laws, 1966, ch. 538, § 111; Laws, 1981, ch. 362, § 86, eff from and after July 1, 1981.

§ 33-13-527. Conduct unbecoming an officer and a gentleman.

Any commissioned officer, officer candidate or warrant officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

HISTORY: Codes, 1942, § 8529-112; Laws, 1966, ch. 538, § 112; Laws, 1981, ch. 362, § 87, eff from and after July 1, 1981.

§ 33-13-529. General article.

Though not specifically mentioned in this code, all disorders and neglect to the prejudice of good order and discipline in the state military forces and/or all conduct of a nature to bring discredit upon the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general or special court-martial according to the nature and degree of the offense and shall be punished at the discretion of the court.

HISTORY: Codes, 1942, § 8529-113; Laws, 1966, ch. 538, § 113; Laws, 1981, ch. 362, § 88, eff from and after July 1, 1981.

§§ 33-13-531 through 33-13-539. Repealed.

Repealed by Laws, 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-531. [Codes, 1942, § 8529-114; Laws, 1966, ch. 538, § 114]

§33-13-533. [Codes, 1942, § 8529-115; Laws, 1966, ch. 538, § 115]

§33-13-535. [Codes, 1942, § 8529-116; Laws, 1966, ch. 538, § 116]

§33-13-537. [Codes, 1942, § 8529-117; Laws, 1966, ch. 538, § 117]

§33-13-539. [Codes, 1942, § 8529-118; Laws, 1966, ch. 538, § 118]

§ 33-13-601. Courts of inquiry.

1. Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that purpose, or any person authorized to convene a general court-martial by this code, whether or not the persons involved have requested such an inquiry.
2. A court of inquiry consists of three (3) or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
3. Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military affairs who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
4. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
5. The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
6. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
7. Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
8. Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

HISTORY: Codes, 1942, § 8529-119; Laws, 1966, ch. 538, § 119; Laws, 1981, ch. 362, § 89, eff from and after July 1, 1981.

§ 33-13-603. Authority to administer oaths.

1. The following members of the state military forces may administer oaths for the purpose of legal assistance and military administration, including military justice, and they have the general powers of a notary public in the performance of all notarial acts to be executed by members of the state military forces, their spouses and dependents wherever they may be:
   1. The State Judge Advocate and all judge advocates;
   2. All adjutants, assistant adjutants, acting adjutants and personnel adjutants;
   3. All military judges;
   4. All summary courts-martial;
   5. All administrative officers, assistant administrative officers and acting administrative officers;
   6. All staff judge advocates and legal officers and acting or assistant staff judge advocates and legal officers; and
   7. All other persons designated by regulations of the state military forces or by statute.
2. The following persons on state active duty may administer oaths necessary in the performance of their duties:
   1. The president, military judge, trial counsel and assistant trial counsel for all general and special courts-martial;
   2. The president, counsel for the court and recorder of any court of inquiry;
   3. All officers designated to take a deposition;
   4. All persons detailed to conduct an investigation;
   5. All recruiting officers; and
   6. All other persons designated by regulations of the state military forces or by statute.
3. No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
4. The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.

HISTORY: Codes, 1942, § 8529-120; Laws, 1966, ch. 538, § 120; Laws, 1981, ch. 362, § 90; Laws, 1989, ch. 473, § 11, eff from and after July 1, 1989.

§ 33-13-605. Complaints of wrongs.

1. Any member of the state military forces who believes himself wronged by his commanding officer and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send the Adjutant General a true statement of that complaint with the proceedings had thereon.
2. When an action or proceeding of any nature shall be commenced in any court, other than a military court, by any person against any member of the state military forces for any act done, or cause, ordered or directed to be done in the line of duty, as determined by a finding of fact made by a court of inquiry under Section 33-13-601 of this code, while such member was on active state duty, all expenses of representation in such action or proceeding, including fees of witnesses, depositions, court costs and all costs for transcripts of records or other documents that might be needed during trial or appeal shall be paid as provided in this code. When any action or proceeding of any type is brought, as described in this subsection, the Adjutant General, upon the written request of the member involved, shall designate the state judge advocate, a judge advocate or a legal officer of the state military forces to represent such member. Judge advocates or legal officers performing duty under this subsection will be called to state active duty by order of the Governor. If the military legal services, noted above, are not available, then the Adjutant General, after consultation with the state judge advocate and member involved, shall contract with a competent private attorney to conduct such representation.

HISTORY: Codes, 1942, § 8529-121; Laws, 1966, ch. 538, § 121; Laws, 1981, ch. 362, § 91, eff from and after July 1, 1981.

§ 33-13-607. Redress of injuries to property.

1. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the state military forces, he may, subject to such regulations as the Governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one (1) to three (3) commissioned officers, and for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3), on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.
2. If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.
3. Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf, and to cross-examine those appearing against him. The counsel mentioned herein will be military counsel, provided by the commanding officer instituting this injury. The accused may also employ civilian counsel of his own choosing at his own expense. He has the right of appeal to the next higher commander.

HISTORY: Codes, 1942, § 8529-122; Laws, 1966, ch. 538, § 122; Laws, 1981, ch. 362, § 92, eff from and after July 1, 1981.

§ 33-13-609. Immunity for action of military courts.

No accused may bring an action or proceeding seeking damages against the convening authority, a member of a military court or board convened under this code, any military counsel taking part in such court or board action or appeal, or, any person acting under this code’s authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court or board convened under this code.

HISTORY: Codes, 1942, § 8529-123; Laws, 1966, ch. 538, § 123; Laws, 1981, ch. 362, § 93, eff from and after July 1, 1981.

§ 33-13-611. Delegation of authority by the Governor.

The Governor may delegate any authority vested in him under this code, and may provide for the subdelegation of any such authority.

HISTORY: Codes, 1942, § 8529-124; Laws, 1966, ch. 538, § 124; Laws, 1981, ch. 362, § 94, eff from and after July 1, 1981.

§ 33-13-613. Execution of process and sentence.

1. In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
2. When the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the same in whole or in part, the reviewing authority, or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which such court-martial was held, where the offense was committed, or of the county in which a confinement facility as designated by the Adjutant General is located, directing such sheriff to take the body of the person so sentenced and confine him in the county jail of such county for the period named in such sentence, as approved, or until he may be directed to release him by proper authority.

HISTORY: Codes, 1942, § 8529-125; Laws, 1966, ch. 538, § 125; Laws, 1981, ch. 362, § 95; Laws, 2016, ch. 404, § 4, eff from and after July 1, 2016.

§ 33-13-615. Process of military courts.

1. Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located.
2. Process and mandates may be issued by summary courts-martial, provost courts, military judges, or the president of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
3. All officers to whom process or mandates may be directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
4. The president of any court-martial, any military judge and any summary court officer, shall have authority to issue, under his hand, in the name of the State of Mississippi, directed to any sheriff or constable, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate, all necessary process, subpoenas, attachments, warrants of arrest, and warrants of commitment.

HISTORY: Codes, 1942, § 8529-126; Laws, 1966, ch. 538, § 126; Laws, 1981, ch. 362, § 96, eff from and after July 1, 1981.

§ 33-13-617. Payment of fines, costs, and disposition thereof.

1. All fines and costs imposed by general court-martial shall be paid to the officer ordering such court, and/or to the officer commanding for the time being, and by said officer, within five (5) days from the receipt thereof, paid to the Adjutant General, who shall disburse the same as he may see fit for military purposes.
2. All fines and costs imposed by special or summary court-martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five (5) days from the receipt thereof, paid to the Adjutant General to be placed to the credit of the military unit fund of the unit of which the person fined was a member when the fine was imposed.
3. When the sentence of a court-martial adjudges a fine and cost against any person, and such fine and cost has not been fully paid within ten (10) days after the confirmation thereof, the convening authority shall issue a warrant of commitment directed to the sheriff of the county in which the court-martial was held or where the offense was committed, directing him to take the body of the person so convicted and confine him in the county jail for one (1) day for any fine not exceeding One Dollar ($1.00) and one (1) additional day for every dollar above that sum.

HISTORY: Codes, 1942, § 8529-127; Laws, 1966, ch. 538, § 127; Laws, 1981, ch. 362, § 97, eff from and after July 1, 1981.

§ 33-13-619. Presumption of jurisdiction.

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

HISTORY: Codes, 1942, § 8529-128; Laws, 1966, ch. 538, § 128, eff from and after June 1, 1966.

§ 33-13-621. Witness expenses.

Persons subpoenaed or required to appear as witnesses before military courts shall be entitled to compensation and reimbursement for travel expenses to the same extent permitted such witnesses appearing in criminal proceedings before the circuit courts of this state.

HISTORY: Codes, 1942, § 8529-129; Laws, 1966, ch. 538, § 129; Laws, 1981, ch. 362, § 98, eff from and after July 1, 1981.

§ 33-13-623. Arrest, bonds, laws applicable.

1. When charges against any person in the military service of this state are made or referred to a convening authority authorized to convene a court-martial for the trial of such person, and a convening authority, believing that such charges can be sustained, and has reason to believe that the person so charged will not appear for trial, or intends to flee from justice, a convening authority may issue a warrant of arrest to the sheriff or any constable of the county in which the person charged resides, or wherein he is supposed to be, commanding the sheriff or constable to take the body of the person so charged and confine him in jail until such time as his case may be finally disposed of; and the sheriff or constable, on the order of the convening authority, shall bring the person so charged before the court-martial for trial, or turn him over to whomever the order may direct, the convening authority issuing the warrant of arrest, shall endorse thereon the amount of bail to be required; and it shall be a violation of duty on the part of any sheriff or constable to permit a person so committed to remain out of jail, except that he may, when such person desires it, permit him to give bail in the sum endorsed on the warrant, conditioned for his appearance, from time to time, before such court-martial as he may be ordered for trial, and until his case is finally disposed of, or until such time as he may surrender to the sheriff or constable as directed by the convening authority of the court-martial before which he may be ordered for trial.
2. Upon the failure of any person, who has been admitted to bail conditioned for his appearance for trial before a court-martial, or upon failure of any person admitted to bail to appear as a witness in any case before a court-martial, as conditioned in the bail bond of any such person, the court-martial shall certify the fact of such failure to so appear to the convening authority or to the officer commanding for the time being, as the case may be; and such officer shall cause a judge advocate, district or county attorney to file suit therefor.
3. The rules laid down in the criminal procedural statutes of this state relating to the giving of bail, the amount of bail, the number of sureties, the persons who may be sureties, the property exempt from liability, the responsibility of parties to the same and all other rules of a general nature not inconsistent with this law are applicable to bail taken as provided in this code.
4. A warrant of arrest issued by a convening authority to order a court-martial, and all subpoenas and other process issued by courts-martial and courts of inquiry shall extend to every part of the state.
5. When any lawful process, issued by the proper officer of any court-martial, comes to the hands of any sheriff or constable, he shall perform the usual duties of such officer and perform all acts and duties by this code imposed or authorized to be performed by any sheriff or constable. Failure of any sheriff or constable to perform the duties required by this code shall be misdemeanor offenses punishable by a fine of not more than One Thousand Dollars ($1,000.00) and by confinement of not less than six (6) months and not more than twelve (12) months in jail.

HISTORY: Codes, 1942, § 8529-130; Laws, 1966, ch. 538, § 130; Laws, 1981, ch. 362, § 99, eff from and after July 1, 1981.

§ 33-13-625. Expenses of administration.

The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice, including the expenses of courts-martial and expenses incurred under Sections 33-13-327, 33-13-417, 33-13-605 and 33-13-621 of this code, from any funds appropriated to the Mississippi Military Department.

HISTORY: Codes, 1942, § 8529-131; Laws, 1966, ch. 538, § 131; Laws, 1981, ch. 362, § 100, eff from and after July 1, 1981.

§ 33-13-627. Short title.

This chapter may be cited as the “Mississippi Code of Military Justice.”

HISTORY: Codes, 1942, § 8529-132; Laws, 1966, ch. 538, § 132; Laws, 1981, ch. 362, § 101, eff from and after July 1, 1981.

§§ 33-13-629 and 33-13-631. Repealed.

Repealed by Laws 1981, ch. 362, § 102, eff from and after July 1, 1981.

§33-13-629. [Codes, 1942, § 8529-133; Laws, 1966, ch. 538, § 133]

§33-13-631. [Codes, 1942, § 8529-134; laws, 1966, ch. 538, § 134]

§ 33-15-1. Short title.

This article may be cited as the “Mississippi Emergency Management Law.”

HISTORY: Codes, 1942, § 8610-01; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 1; Laws, 1980, ch. 491, § 1, eff from and after passage (approved May 9, 1980).

§ 33-15-2. Legislative findings and declaration of intent.

1. The Legislature finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological and man-made disasters, all of which threaten the life, health and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The Legislature further finds that this vulnerability is exacerbated by the growth in the state’s number of persons with special needs. This growth has greatly complicated the state’s ability to coordinate its emergency management resources and activities.
2. It is the intent of the Legislature to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation and shelter of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the coordination of activities relating to emergency preparedness, response, recovery and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations and with the private sector.
3. It is further the intent of the Legislature to promote the state’s emergency preparedness, response, recovery and mitigation capabilities through enhanced coordination, long-term planning and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated and timely support to communities and the public. Therefore, the Legislature determines and declares that the provisions of this article fulfill an important state interest.

HISTORY: Laws, 1995, ch. 333, § 1, eff from and after July 1, 1995.

§ 33-15-3. Policy and purpose.

Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and from natural, man-made or technological disasters, and in order to insure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this state, it is hereby found and declared necessary: (1) To create a state emergency management agency, and to authorize the creation of local organizations for emergency management in the municipalities and counties of the state, and to authorize cooperation with the federal government and the governments of other states; (2) to confer upon the Governor, the agency and upon the executive heads or governing bodies of the municipalities and counties of the state the emergency powers provided herein; (3) to provide for the rendering of mutual aid among the municipalities and counties of the state, and with other states, and with the federal government with respect to the carrying out of emergency management functions and responsibilities; (4) to authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out the provisions of this article; and (5) to provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.

It is further declared to be the purpose of this article and the policy of the state that all emergency management functions of this state be coordinated, to the maximum extent, with the comparable functions of the federal government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources, and facilities for dealing with any disaster or emergency, or both, that may occur as enumerated in this section.

HISTORY: Codes, 1942, § 8610-02; Laws, 1952, ch. 312, § 2; Laws, 1962, ch. 482, § 1; Laws, 1980, ch. 491, § 2; Laws, 1995, ch. 333, § 2, eff from and after July 1, 1995.

§ 33-15-5. Definitions.

The following words, whenever used in this article shall, unless a different meaning clearly appears from the context, have the following meanings:

“Agency” means the Mississippi Emergency Management Agency, created by Section 33-15-7.

“Director” means the Director of Emergency Management, appointed pursuant to Section 33-15-7.

“Emergency management” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

Reduction of vulnerability of people and communities of this state to damage, injury and loss of life and property resulting from natural, technological or man-made emergencies or hostile military paramilitary action.

Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.

Response to emergencies using all systems, plans and resources necessary to preserve adequately the health, safety and welfare of persons or property affected by the emergency.

Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.

Provision of an emergency management system embodying all aspects of preemergency preparedness and postemergency response, recovery and mitigation.

Assistance in anticipation, recognition, appraisal, prevention and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of public and private facilities and land use.

“Civil defense,” whenever it appears in the laws of the State of Mississippi, shall mean “emergency management” unless the context clearly indicates otherwise.

“State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States or upon receipt by the state of a warning from the federal government indicating that such an attack is probable or imminent.

“State of emergency” means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons or property within the state caused by air or water pollution, fire, flood, storm, epidemic, earthquake, hurricane, resource shortages, or other natural or man-made conditions other than conditions causing a “state of war emergency,” which conditions by reasons of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county and/or municipality and requires combined forces of the state to combat.

“Local emergency” means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a county and/or municipality caused by such conditions as air or water pollution, fire, flood, storm, epidemic, earthquake, hurricane, resource shortages or other natural or man-made conditions, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the political subdivision and require the combined forces of other subdivisions or of the state to combat.

“Emergency” means any occurrence, or threat thereof, whether natural, technological, or man-made, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

“Man-made emergency” means an emergency caused by an action against persons or society, including, but not limited to, emergency attack, sabotage, terrorism, civil unrest or other action impairing the orderly administration of government.

“Natural emergency” means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought or an earthquake.

“Technological emergency” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.

“Local emergency management agency” means an organization created to discharge the emergency management responsibilities and functions of a political subdivision.

“Disaster” means any natural, technological or civil emergency as defined in this section that causes damage of sufficient severity and magnitude to result in a declaration of an emergency by a county or municipality, the Governor or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows:

“Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military involvement.

“Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.

“Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.

“Disaster Reservist” means any person hired on a temporary basis pursuant to State Personnel Board policies and procedures regulating personal service contracts, that is hired to perform specific tasks related to a Governor’s State of Emergency, or by an emergency or disaster declaration of the President of the United States, by the agency, and is assigned to perform such duties as may be required under the direction of the appropriate agency supervisor.

“Emergency impact area” means the area of the state in which market conditions exist due to a state of emergency creating a likelihood that prices ordinarily charged for goods and services could be raised unfairly due to the underlying emergency.

“Political subdivision” means a local government created by the State of Mississippi to assist in fulfilling the state’s obligations. The term “political subdivision” includes levee districts.

HISTORY: Codes, 1942, §§ 8610-03, 8610-04; Laws, 1942, ch. 206; Laws, 1952, ch. 312, §§ 3, 4; Laws, 1980, ch. 491, § 3; Laws, 1983, ch. 420, § 1; Laws, 1995, ch. 333, § 3; Laws, 1998, ch. 338, § 1; Laws, 2000, ch. 413, § 1; Laws, 2006, ch. 433, § 2; Laws, 2014, ch. 434, § 1, eff from and after July 1, 2014.

§ 33-15-7. Mississippi Emergency Management Agency established; director and other personnel.

There is hereby created within the executive branch of the state government a department called the Mississippi Emergency Management Agency with a director of emergency management who shall be appointed by the Governor; he shall hold office during the pleasure of the Governor and shall be compensated as determined by any appropriation that may be made by the Legislature for such purposes.

The director, with the approval of the Governor, may employ such technical, clerical, stenographic and other personnel, to be compensated as provided in any appropriation that may be made for such purpose, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this article.

The director and other personnel of the emergency management agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.

The director, subject to the direction and control of the Governor, shall be the executive head of the emergency management agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.

HISTORY: Codes, 1942, § 8610-04; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 4; Laws, 1980, ch. 491, § 4; Laws, 1995, ch. 333, § 4, eff from and after July 1, 1995.

§ 33-15-9. Repealed.

Repealed by Laws, 1995, ch. 333, § 15, eff from and after July 1, 1995.

§33-15-9. [Codes, 1942, § 8610-05; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 5; Laws, 1980, ch. 491, § 5]

§ 33-15-11. Emergency management powers of Governor.

The Governor shall have general direction and control of the activities of the Emergency Management Agency and Council and shall be responsible for the carrying out of the provisions of this article, and in the event of a man-made, technological or natural disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.

In performing his duties under this article, the Governor is further authorized and empowered:

1. To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this article with due consideration of the plans of the federal government, and to enter into disaster assistance grants and agreements with the federal government under the terms as may be required by federal law.
2. To work with the Mississippi Emergency Management Agency in preparing a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such local plans to be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.
3. In accordance with such plan and program for emergency management of this state, to ascertain the requirements of the state or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack or natural or man-made or technological disasters and to plan for and procure supplies, medicines, materials and equipment, and to use and employ from time to time any of the property, services and resources within the state, for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
4. To cooperate with the President and the heads of the Armed Forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of (a) blackouts and practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack, (f) public meetings or gatherings under emergency conditions, and (g) the evacuation and reception of the civilian population.
5. To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.
6. To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or natural, man-made or technological disaster.
7. To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.
8. To establish agencies and offices and to appoint executive, technical, clerical and other personnel as may be necessary to carry out the provisions of this article including, with due consideration to the recommendation of the local authorities, part-time or full-time state and regional area directors.
9. To delegate any authority vested in him under this article, and to provide for the subdelegation of any such authority.
10. On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishings or exchange of food, clothing, medicine and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; firefighting, rescue, transportation and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units, firefighting and police units and health units; and on such terms and conditions as are deemed necessary.
11. To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to above.
12. To collect information and data for assessment of vulnerabilities and capabilities within the borders of Mississippi as it pertains to the nation and state’s security and homeland defense. This information shall be exempt from the Mississippi Public Records Act, Section 25-61-1 et seq.
13. Authorize any agency or arm of the state to create a special emergency management revolving fund, accept donations, contributions, fees, grants, including federal funds, as may be necessary for such agency or arm of the state to administer its functions of this article as set forth in the Executive Order of the Governor.
14. To authorize the Commissioner of Public Safety to select, train, organize and equip a ready reserve of auxiliary highway patrolmen.
15. To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.
16. To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price-fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services.
17. To proclaim a state of emergency in an area affected or likely to be affected thereby when he finds that the conditions described in Section 33-15-5(g) exist, or when he is requested to do so by the mayor of a municipality or by the president of the board of supervisors of a county, or when he finds that a local authority is unable to cope with the emergency. Such proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon thereafter as possible, such proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor, upon advice of the director, shall review the need for continuing the state of emergency at least every thirty (30) days until the emergency is terminated and shall proclaim a reduction of area or the termination of the state of emergency at the earliest possible date that conditions warrant.
18. To declare an emergency impact area when he finds that the conditions described in Section 33-15-5(o) exist. The proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon as possible, the proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor shall review the need for continuing the declaration of emergency impact area at least every thirty (30) days until the emergency is terminated, and shall proclaim the reduction of the emergency impact area or termination of the declaration of emergency impact area at the earliest date or dates possible.

In addition to the powers conferred upon the Governor in this section, the Legislature hereby expressly delegates to the Governor the following powers and duties in the event of an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster where such disaster is beyond local control:

To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emergency.

To transfer the direction, personnel or functions of state agencies, boards, commissions or units thereof for the purpose of performing or facilitating disaster or emergency services.

To commandeer or utilize any private property if necessary to cope with a disaster or emergency, provided that such private property so commandeered or utilized shall be paid for under terms and conditions agreed upon by the participating parties. The owner of said property shall immediately be given a receipt for the said private property and said receipt shall serve as a valid claim against the Treasury of the State of Mississippi for the agreed upon market value of said property.

To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population in coping with a disaster or emergency.

This section does not authorize the Governor or a designee of the Governor to act in contravention of Section 33-7-303.

HISTORY: Codes, 1942, § 8610-06; Laws, 1952, ch. 312, § 6; Laws, 1962, ch. 482, § 2; Laws, 1980, ch. 491, § 6; Laws, 1983, ch. 420, § 2; Laws, 1995, ch. 333, § 5; Laws, 2000, ch. 413, § 2; Laws, 2003, ch. 473, § 1; Laws, 2006, ch. 433, § 3; Laws, 2014, ch. 443, § 2, eff from and after July 1, 2014.

§ 33-15-13. Emergency powers of Governor.

In the event of actual or impending enemy attack, as determined by the President, against the United States and the State of Mississippi, the Governor may proclaim that a state of war emergency exists, and thereafter the Governor shall have and may exercise for such period as such state of war emergency exists or continues, the following additional emergency powers:

1. To enforce all laws, rules and regulations relating to emergency management and to assume direct operational control of all emergency management forces and helpers in the state;
2. To purchase supplies and services for emergency management purposes, including aiding the populace, without necessity for advertising therefor; to call upon all persons, firms and corporations to furnish such supplies, services and facilities as they may control which may be needed for the protection of the public, and to enter into all necessary contracts and agreements as may be necessary with relation thereto, all or any provisions of law with reference to advertisements in such matters being expressly waived for this purpose;
3. To utilize or commandeer any private property for the protection of the public or at the request of the President, the Armed Forces or the Emergency Management Agency of the United States including:
4. To sell, lend, give or distribute all or any such personal property utilized among the inhabitants of the state and to account to the State Treasurer for any funds received for such property;
5. To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.

For use during emergency only, all means of transportation and communication, except newspapers, or publications, or wire facilities leased or owned by news services, newspapers and other news publications;

Food, clothing, equipment, materials, medicines, any supplies and stocks of fuel of whatever nature;

Facilities including buildings and plants, for use during emergency only; in the event it shall become necessary to utilize any such facilities, plants or services, the operation thereof, if possible, shall be left in the hands of the owner, subject to direction of the Governor, and only such portion as may be essential for the protection of life and property, or the national defense, shall be commandeered or utilized;

Adequate compensation shall be paid for any property so utilized, taken or condemned. In case it shall become necessary to take or use any private property as provided above, the full faith and credit of the State of Mississippi shall be pledged to pay just compensation therefor. In case the Governor and the owner of any such property so utilized or taken shall not be able to agree on the compensation to be paid for use, damage or taking thereof, the amount of such compensation to be paid shall be determined in conformity with the statutes of this state relating to eminent domain procedures.

All powers granted to the Governor by this section with respect to a state of war emergency shall terminate when the state of war emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.

HISTORY: Codes, 1942, § 8610-07; Laws, 1952, ch. 312, § 7; Laws, 1980, ch. 491, § 7; Laws, 1983, ch. 420, § 3; Laws, 1995, ch. 333, § 6, eff from and after July 1, 1995.

§ 33-15-14. Preparation and maintenance of state comprehensive emergency management plan.

1. The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management.
2. In performing its duties under this article, the agency shall:
   1. Work with the Governor, or his representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and:
      1. Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations.
      2. Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs.
      3. Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state’s postdisaster response and recovery organization; establish procedures for activating the state’s plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.
      4. Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency.
      5. Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor.
      6. Establish a system of communications and warning to ensure that the state’s population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.
      7. Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government.
      8. 1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.

      2. The agency shall prepare an interim postdisaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter.

   2. Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.
   3. Assist political subdivisions in preparing and maintaining emergency management plans.
   4. Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section.
   5. Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact.
   6. In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article.
   7. Anticipate trends and promote innovations that will enhance the emergency management system.
   8. Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs.
   9. Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions.
   10. Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program.
   11. Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters.
   12. Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article.
   13. Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program.
   14. Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority.
   15. Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors.
   16. Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions.
   17. In accordance with Section 25-43-1 et seq., create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government.
   18. Have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property with other state and federal agencies.
   19. Do other things necessary, incidental or appropriate for the implementation of this article.
   20. In accordance with Section 33-15-15, create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program.
   21. Unless otherwise instructed by the Governor, sponsor and develop mutual aid plans and agreements between the political subdivisions of the state and the Mississippi Band of Choctaw Indians similar to the mutual aid arrangements with other states referenced in Section 33-15-11(b) (10).

HISTORY: Laws, 1995, ch. 333, § 7; Laws, 2000, ch. 413, § 3; Laws, 2002, ch. 475, § 1; Laws, 2004, ch. 302, § 1; Laws, 2014, ch. 434, § 3; Laws, 2015, ch. 336, § 2, eff from and after passage (approved Mar. 13, 2015).

§ 33-15-15. Mobile support units.

The agency is authorized to provide, within or without the state, such support from available personnel, equipment and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon orders of the agency and shall perform their functions in any part of the state, or, upon the conditions specified in this section, in other states.

Personnel of emergency management support forces while on duty, whether within or without the state, shall:

1. If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment;
2. If they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment; and
3. If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at a rate commensurate with their duties and responsibilities and to the same rights and immunities as are provided by law for the employees of this state.

   All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses, and for death, disability or injury to such personnel while on such emergency duty as a member of an emergency management support force, the state shall pay compensation to the heirs in event of death or the individual in event of injury or disability in accordance with payment schedules contained in the Mississippi Workers’ Compensation Law.

The state shall reimburse a political subdivision for the actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of an emergency management support force, and for all payments for death, disability or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such emergency management support force. The state may also reimburse a political subdivision for employees’ overtime while deployed as members of an emergency management support force and backfill of deployed forces when determined by the director to be necessary to avoid serious financial consequences for the political subdivision providing support and when requested by the chief elected official of the political subdivision stating the circumstances for the request.

Whenever an emergency management support force of another state shall render aid in this state pursuant to the orders of the governor of its home state and upon the request of the Governor of this state, the personnel thereof shall have the powers, duties, rights, privileges and immunities of emergency management personnel serving in similar capacities in this state, except compensation, and this state shall reimburse such other state for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of the personnel of such emergency management support force while rendering such aid, and for all payments for death, disability or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid; provided, that the laws of such other state contain provisions substantially similar to this section.

No personnel of emergency management support forces of this state shall be ordered by the Governor to operate in any other state unless the laws of such other state contain provisions substantially similar to this section.

HISTORY: Codes, 1942, § 8610-08; Laws, 1952, ch. 312, § 8; Laws, 1980, ch. 491, § 8; Laws, 1995, ch. 333, § 8; Laws, 2006, ch. 374, § 1, eff from and after passage (approved Mar. 13, 2006).

§ 33-15-17. Local organization of emergency management.

Each county and municipality, or counties and the municipalities therein acting jointly, or two (2) or more counties acting jointly, of this state are hereby authorized and directed to establish a local organization for emergency management in accordance with the state emergency management plan and program, if required and authorized so to do by such state emergency management plan. Each local organization for emergency management shall have a director who shall be appointed by the governing body of the political subdivision, or political subdivisions acting jointly, and who shall have direct responsibility for the organization, administration and operation of such local organization for emergency management, subject to the direction and control of such governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of the state emergency management plan. Each county shall develop an emergency management plan and program that is coordinated and consistent with the State Comprehensive Emergency Management Plan and program. Counties that are part of an interjurisdictional emergency management agreement entered into pursuant to this section shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state emergency management plan and program.

In carrying out the provisions of this article each county and municipality, or the two (2) acting jointly, or two (2) or more counties acting jointly, where there is joint organization, in which any disaster as described in Section 33-15-5 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each county and municipality is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.

Each county and each municipality, or two (2) or more counties acting jointly, shall have the power and authority:

1. To appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any enemy attack or man-made, technological or natural disasters; and to direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies;
2. To appoint, employ, remove, or provide, with or without compensation, air raid wardens, rescue teams, auxiliary fire and police personnel, and other emergency management workers;
3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government, and direction and control of emergency operation during an emergency;
4. To donate public funds, supplies, labor and equipment to assist any governmental entity in a county or municipality in which a disaster as described in Section 33-15-5 occurs;
5. Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property or equipment of the subdivision relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emergency management purposes either within or outside of the limits of the subdivision;
6. Subject to the order of the chief executive of the county or municipality or the Governor to order the evacuation of any area subject to an impending or existing enemy attack or man-made, technological or natural disaster;
7. Subject to the order of the chief executive of the county or municipality or the Governor, to control or restrict egress, ingress and movement within the disaster area to the degree necessary to facilitate the protection of life and property;
8. To enter into mutual aid agreements in the manner authorized by Section 33-15-19.

A local emergency as defined in Section 33-15-5 may be proclaimed by the mayor or governing body of a municipality, or the president of the board of supervisors of a county or the governing body of a county. In the event a local emergency is proclaimed by the mayor of a municipality or the president of the board of supervisors of a county, the governing body of such municipality or the governing body of such county shall review and approve or disapprove the need for continuing the local emergency at its first regular meeting following such proclamation or at a special meeting legally called for such review. Thereafter, the governing body of such municipality or the governing body of such county shall review the need for continuing the local emergency at least every thirty (30) days until such local emergency is terminated, and shall proclaim the termination of such local emergency at the earliest possible date that conditions warrant. During a local emergency, the governing body of a political subdivision may promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread notice and publicity. The authorization granted by this section to impose a curfew shall not be construed as restricting in any manner the existing authority to impose a curfew pursuant to police power for any other lawful purpose.

HISTORY: Codes, 1942, § 8610-09; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 9; Laws, 1980, ch. 491, § 9; Laws, 1983, ch. 420, § 4; Laws, 1995, ch. 333, § 9; Laws, 2005, 5th Ex Sess, ch. 20, § 1; Laws, 2010, ch. 347, § 1; Laws, 2012, ch. 359, § 2, eff from and after July 1, 2012; Laws, 2019, ch. 364, § 1, eff from and after July 1, 2019.

§ 33-15-19. Mutual aid arrangements.

The governing body of a municipality or county of the state is authorized to participate in the Statewide Mutual Aid Compact (SMAC) established by the agency as a mechanism to standardize mutual aid arrangements between jurisdictions within the state. The agency is authorized to present the SMAC to the Mississippi Band of Choctaw Indians’ Tribal Council for its consideration and approval. SMAC provides guidelines for requesting and receiving mutual aid, liability protection and reimbursement procedures for providing such aid. The governing body of each political subdivision of the state is strongly encouraged to sign and ratify the SMAC for mutual aid between their jurisdiction and other cities or counties within the state as well as the Mississippi Band of the Choctaw Indians. A copy of this agreement must be signed by the senior elected official of the jurisdiction and the director and will be maintained on file by the agency.

Political subdivisions of the state, including their fire service agencies, are also authorized to develop and enter into mutual aid agreements with other jurisdictions outside the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. This shall also include emergencies outside the state in which it is geographically reasonable for a political subdivision of this state, or its fire service, to respond. Copies of the agreements shall be sent to the agency and shall be consistent with the State Comprehensive Emergency Management Plan and program, and in time of emergency it shall be the duty of each local emergency management organization to render assistance in accordance with the provisions of such mutual aid agreements.

The Governor may enter into compacts with any state or group of states if he finds that joint action with that state or group of states is desirable in meeting common intergovernmental problems of emergency management planning or emergency prevention, mitigation, response and recovery.

1. Political subdivisions of the state, including their fire service agencies, shall not be liable for the death of or any injury to persons, or damage to property and all other protections provided in Section 33-15-21(a), as a result of mutual aid agreements entered into pursuant to this section.
2. Employees of a political subdivision of this state shall have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment and all other benefits provided by Section 33-15-15.

HISTORY: Codes, 1942, § 8610-10; Laws, 1952, ch. 312, § 10; Laws, 1980, ch. 491, § 10; Laws, 1995, ch. 333, § 10; Laws, 2006, ch. 374, § 2; Laws, 2012, ch. 359, § 1; Laws, 2014, ch. 434, § 2; Laws, 2015, ch. 336, § 1, eff from and after passage (approved Mar. 13, 2015).

§ 33-15-21. Immunity.

Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, the agents, employees, or representatives of any of them engaged in any emergency management activities, while complying with or attempting to comply with this article or any rule or regulation promulgated pursuant to the provisions of this article, shall be liable for the death of or any injury to persons, or damage to property, as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article, or under the workmen’s compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons or providing assistance to persons during or in recovery from an actual, impending, mock or practice attack or any man-made, technological or natural disaster, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises by virtue of its use for emergency management purposes, or loss of, or damage to, the property of such person.

HISTORY: Codes, 1942, § 8610-11; Laws, 1952, ch. 312, § 11; Laws, 1980, ch. 491, § 11, eff from and after passage (approved May 9, 1980).

§ 33-15-23. Funds.

For the purpose of paying any expenses of its local emergency management organization, or for paying any expenses of the emergency management program, any board of supervisors of a county or any governing body of a municipality is authorized to expend any available funds from the general fund of such county or municipality.

HISTORY: Codes, 1942, § 8610-12; Laws, 1952, ch. 312, § 12; Laws, 1980, ch. 491, § 12, eff from and after passage (approved May 9, 1980).

§ 33-15-25. Matching funds.

The Governor of the State of Mississippi is authorized to enter into agreements with the federal government for the purpose of matching any federal funds that may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, to the state on a matching basis. Provided, that no agreement shall obligate the state for an amount greater than the appropriation available for such purpose. The state’s portion of the purchase price of any emergency management equipment may be made available from any appropriation made for such purposes.

Any county board of supervisors or municipal governing body may enter into agreement with the federal government with approval of the State Director of Emergency Management for matching funds which may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, by such county or municipality in conjunction with any federal matching program and funds may be expended from the general fund of such county or municipality or from such other funds as may be available to such county or municipality for emergency management purposes in order to provide the county or municipal portion of funds necessary to carry out such matching agreement.

The agency may withhold from any county board of supervisors, municipality or not-for-profit entity a portion or all of a subgrant whenever the agency determines that the county, municipality or not-for-profit entity owes a refund on any past subgrant project that was not completed as required.

HISTORY: Codes, 1942, § 8610-13; Laws, 1952, ch. 312, § 13; Laws, 1980, ch. 491, § 13; Laws, 1983, ch. 420, § 5; Laws, 1984, ch. 488, § 197; Laws, 1995, ch. 333, § 11; Laws, 2002, ch. 475, § 2, eff from and after July 1, 2002.

§ 33-15-27. Authority to accept services, gifts, grants and loans.

Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its governing body, may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision, may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

Whenever any person, firm or corporation shall offer to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its governing body may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer.

HISTORY: Codes, 1942, § 8610-14; Laws, 1952, ch. 312, § 14; Laws, 1980, ch. 491, § 14, eff from and after passage (approved May 9, 1980).

§ 33-15-29. Utilization of existing services and facilities.

In carrying out the provisions of this article, the Governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the emergency management organizations of the state or such subdivisions upon request.

State agencies in carrying out their assigned disaster or emergency assignments shall be reimbursed their expenses for emergency or disaster-related duties which may include the payment of overtime and the employment of temporary personnel by such agencies in the same manner as authorized in Sections 33-15-301 et seq., 43-41-17 [repealed] and 43-41-319 [repealed], and as provided by Section 43-41-701 [repealed].

HISTORY: Codes, 1942, § 8610-15; Laws, 1942, ch. 206; Laws, 1952, ch. 312, § 15; Laws, 1980, ch. 491, § 15; Laws, 1983, ch. 420, § 6; Laws, 1995, ch. 333, § 12, eff from and after July 1, 1995.

§ 33-15-31. Orders, rules and regulations.

The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.

All orders, rules, and regulations promulgated by the Governor, the Mississippi Emergency Management Agency or by any political subdivision or other agency authorized by this article to make orders, rules and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing laws, ordinances, rules and regulations inconsistent with the provisions of this article, or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such conflict, disaster or emergency exists.

In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.

HISTORY: Codes, 1942, § 8610-16; Laws, 1952, ch. 312, § 16; Laws, 1980, ch. 491, § 16; Laws, 1995, ch. 333, § 13, eff from and after July 1, 1995.

§ 33-15-33. Political activity prohibited.

No individual employed by or for an organization for emergency management established under the authority of this article shall, while acting under authority of his position or representing himself in his official capacity, participate in any form of political activity, and no such organization shall be employed directly or indirectly for political purposes.

HISTORY: Codes, 1942, § 8610-17; Laws, 1952, ch. 312, § 17; Laws, 1980, ch. 491, § 17, eff from and after passage (approved May 9, 1980).

§ 33-15-35. Repealed.

Repealed by Laws, 1980, ch. 491, § 37, eff from and after May 9, 1980.

§33-15-35. [Codes, 1942, § 8610-18; Laws, 1952, ch. 312, § 18; Laws, 1962, ch. 482, § 3]

§ 33-15-37. Enforcement.

It shall be the duty of every organization for emergency management established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this article. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under his authority.

HISTORY: Codes, 1942, § 8610-19; Laws, 1952, ch. 312, § 19; Laws, 1980, ch. 491, § 18, eff from and after passage (approved May 9, 1980).

§ 33-15-39. Peace officers.

Any county or municipality, through its governing board, and with the approval of the sheriff in a county, or the chief of police in a municipality, may confer upon members of emergency management auxiliary police units, the powers of peace officers, subject to such restrictions as shall be imposed.

HISTORY: Codes, 1942, § 8610-20; Laws, 1952, ch. 312, § 20; Laws, 1980, ch. 491, § 19, eff from and after passage (approved May 9, 1980).

§ 33-15-41. Arrests.

Any emergency management auxiliary policeman who has had conferred upon him the power of a peace officer, as provided in Section 33-15-39 and when in full and distinctive uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer’s presence any order, rule, or regulation made pursuant to this article. This authority shall be limited to those rules and regulations which affect the public generally.

HISTORY: Codes, 1942, § 8610-21; Laws, 1952, ch. 312, § 21; Laws, 1980, ch. 491, § 20, eff from and after passage (approved May 9, 1980).

§ 33-15-43. Penalties.

Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not exceeding six (6) months or both.

HISTORY: Codes, 1942, § 8610-22; Laws, 1952, ch. 312, § 22, eff from and after passage (approved April 16, 1952).

§ 33-15-45. Local emergency management councils continued.

All local emergency management councils heretofore created under the provisions of former Sections 8610-8620, Mississippi Code of 1942, are hereby continued, subject to the provisions of this article.

HISTORY: Codes, 1942, § 8610-23; Laws, 1952, ch. 312, § 23; Laws, 1980, ch. 491, § 21, eff from and after passage (approved May 9, 1980).

§ 33-15-47. Liberality of construction.

This article shall be construed liberally in order to effectuate its purposes.

HISTORY: Codes, 1942, § 8610-25; Laws, 1952, ch. 312, § 25, eff from and after passage (approved April 16, 1952).

§ 33-15-49. Emergency use of state or local personnel and equipment authorized; limitation of liability.

In the event an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster occurs within the state or within any portion of it and a proclamation is issued by the governing authorities of the county, the governing authorities of the municipality, the office of the Governor of the state or the President of the United States declaring such affected areas to be disaster areas, the governing authorities of any county or municipality adversely affected by such disaster may:

Use county or municipally owned equipment and such public employees as necessary to venture onto private property to aid in removing debris and to prevent further damage to such property at the request of the property owners;

Use county or municipally owned equipment and such public employees as necessary to venture onto private property to remove debris and to perform any other necessary and needed services to prevent the spread of disease or any other health hazard to the community at large.

If the governing authorities of such adversely affected counties or municipalities are unable to perform such necessary and needed functions with their own equipment and personnel, they may request aid from other counties and municipalities not adversely affected by such impending enemy attack, enemy attack, or man-made, technological or natural disaster, and capable and willing to furnish needed services.

Provided, however, if the Governor determines that the governing authorities of such adversely affected counties or municipalities still lack sufficient equipment and personnel under such circumstances to perform such functions, any state agency or instrumentality, when directed by the Governor, is authorized to enter upon publicly or privately owned land or water and to use state-owned equipment and state employees as necessary to clear or remove debris and wreckage. Whenever the Governor provides for clearance of debris or wreckage pursuant hereto, employees of the designated state agencies or instrumentalities are authorized to enter upon private or public land or water and perform any tasks necessary to the removal or clearance operation. Except in cases of willful misconduct, gross negligence or bad faith, any state employee or agent complying with and performing duties pursuant hereto shall not be liable for death or injury to persons or damage to property.

HISTORY: Laws, 1980, ch. 491, § 22; Laws, 1998, ch. 338, § 2, eff from and after July 1, 1998.

§ 33-15-51. Grand Gulf Disaster Assistance Trust Fund.

The Grand Gulf Disaster Assistance Trust Fund is hereby created as a special fund in the State Treasury to be administered by the Mississippi Emergency Management Agency. Monies paid into the fund shall be derived from Sections 27-35-309(3)(b)(i) and (ii) and 27-35-309(3)(d). All monies deposited therein shall be available for expenditure, transfer and allocation by the Mississippi Emergency Management Agency for state and local preparedness activities directly related to the Grand Gulf Nuclear Generating Plant, with at least fifty percent (50%) of the monies in the fund earmarked for use in conducting such activities in the geographic area falling within a thirty-mile radius of the plant.

HISTORY: Laws, 1990, ch. 524, § 3; Laws, 1990, 1st Ex Sess, ch. 12, § 2; Laws, 1993, ch 486, § 1, eff from and after July 1, 1993.

§ 33-15-53. State emergency coordination officers.

The head of each state department, agency or commission shall select from within such agency a person to be designated as the emergency coordination officer for the agency and an alternate. The emergency coordination officer is responsible for coordinating with the Mississippi Emergency Management Agency on emergency preparedness issues, preparing and maintaining emergency preparedness and postdisaster response and recovery plans for such agency, maintaining rosters of personnel to assist in disaster operations and coordinating appropriate training for agency personnel. These individuals shall be responsible for ensuring that each state facility, such as a prison, office building or university, has a disaster preparedness plan that is approved by the applicable local emergency management agency or the division. The head of each agency shall notify the Governor and the Mississippi Emergency Management Agency in writing of the person initially designated as the emergency coordination officer for such agency and his alternate and of any changes in persons so designated thereafter.

HISTORY: Laws, 1995, ch. 333, § 14, eff from and after July 1, 1995.

§ 33-15-201. Short Title.

This article shall be known and may be cited as the Individual Assistance and Emergency Temporary Housing Assistance Act.

HISTORY: Laws, 2004, ch. 405, § 1, eff from and after July 1, 2004.

§ 33-15-202. Legislative declaration of purpose.

It is the intent of the Legislature and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available.

HISTORY: Laws, 2004, ch. 405, § 2, eff from and after July 1, 2004.

§ 33-15-203. Definitions.

The following words wherever used in this article shall, unless a different meaning clearly appears from the context, have the following meanings:

“Necessary expense” means the cost of an item or service essential to an individual, family or household to mitigate or overcome an adverse condition caused by an emergency or major disaster.

“Serious need” means a requirement for an item or service essential to an individual, family or household to prevent or reduce hardship, injury or loss caused by an emergency or major disaster.

“Family” means a social unit, comprised of husband and wife and dependents, if any, or a head of a household, as these terms are defined in the Internal Revenue Code of 1954.

“Individual” means a person who is not a member of a family as defined in paragraph (c).

“Household” means a dwelling containing a single family or single family and other relatives not otherwise considered family as defined in paragraph (c).

“Assistance from other means” means aid, including monetary or in-kind contributions from other governmental programs, insurance, voluntary or charitable organizations or from any sources other than those of the individual, family or household.

“The Act” means the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended by PL 100-707 and PL 106-390).

“Individuals and households program” means the federal assistance available to eligible individuals under a major disaster declaration by the president pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

“Other Needs Assistance” means that component of the IHP program that provides a grant for individuals that requires the state share twenty-five percent (25%) of the total cost according to Section 408 of the Stafford Act (42 USCS 5174).

“Federal regulations” means those regulations published in the Federal Register relating to the specific subject.

“Emergency” means any occasion or instance for which, in the determination of the Governor or President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

“State of emergency” means that a state of emergency has been declared by the Governor pursuant to Section 33-15-11(b)(17) to exist as a result of a man-made, technological or natural disaster and the local government has exhausted local resources and requires state assistance.

“Federal assistance” means aid to disaster victims or state and local governments by federal agencies under the provisions of the Act.

“Major disaster” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, snowstorm, drought, fire, explosions, acts of terrorism or other man-made, technological or natural disaster or catastrophe in the State of Mississippi which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Federal Disaster Relief and Emergency Assistance Act and beyond emergency services of the state, local governments and disaster relief organizations in alleviating the damage, loss, hardship or suffering caused thereby.

“Director” means the Director of Mississippi Emergency Management Agency, appointed pursuant to Section 33-15-7.

“Governor’s authorized representative” means the person appointed by the Governor to administer federal disaster assistance programs on behalf of the state and local governments and are responsible for the state compliance with the FEMA-State Agreement.

“State coordinating officer” means the person appointed by the Governor to act in cooperation with the federal coordinating officer appointed under Section 303(c) of the Act.

“Temporary housing program” means rental of existing housing, apartments or commercial lodging provided by assistance from state government either individually or jointly to individuals, families or households made homeless by emergency or major disaster.

“Voluntary organization” means any chartered or otherwise duly recognized tax-exempt local, state or national organized group that has provided or may provide services to states, local governments or individuals in a major disaster or emergency.

HISTORY: Laws, 2004, ch. 405, § 3, eff from and after July 1, 2004.

§ 33-15-205. Presidential declaration of emergency; power of Governor to accept assistance.

Whenever the President of the United States, at the request of the Governor, has declared an emergency or a major disaster to exist in this state and the declaration includes Individual Assistance, the Governor is authorized:

To accept a grant by the federal government, subject to such terms and conditions as may be imposed, including the required final audit by the State Auditor’s Office, upon determination and with concurrence by the director that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals, families or households adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance.

To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the Other Needs Assistance (ONA) program authorized in the Act, in an amount not to exceed twenty-five percent (25%) thereof, and if state funds are not otherwise available to the Governor, to accept an advance of the state share from the federal government to be repaid when the state is able to do so when appropriated for that purpose.

HISTORY: Laws, 2004, ch. 405, § 4, eff from and after July 1, 2004.

§ 33-15-207. Filing request for federal assistance.

In order to make federal Individual Assistance and Other Needs Assistance available to major disaster victims under this article, the Governor must request such assistance from the President of the United States. The Federal Emergency Management Agency must approve such a request and recommend the President of the United States make a major disaster declaration.

HISTORY: Laws, 2004, ch. 405, § 5, eff from and after July 1, 2004.

§ 33-15-209. Administration of grant programs.

1. The director shall develop a plan for the administration and implementation of the Individuals and Households Program and Other Needs Assistance pursuant to subsections 408(e) and (f) of the Act to be included in the Mississippi Emergency Operations Plan (MEOP), and it shall include, but not be limited to:
   1. Individuals, families or households who incur a necessary expense or serious need in the major disaster area may be eligible for assistance under this article without regard to their residency in the major disaster area or within the state.
   2. Individuals, families or households otherwise eligible for assistance under this article must obtain flood insurance as required by flood insurance regulations.
2. Assistance under this article may be made available to meet necessary expense or serious needs by providing essential items or services that cannot be provided from other sources and except those covered by insurance as provided in current federal regulations.
3. Under this article grants will not be made available for any item or service in the following categories:
   1. Business losses, including farm businesses.
   2. Improvement or additions to real or personal property.
   3. Landscaping.
   4. Real or person property used exclusively for recreations.
   5. Financial obligations incurred prior to the disaster.
   6. Any necessary expense or serious need or portion thereof for which assistance is available from other means but is refused by the individual, family or household.
   7. Should a case arise where it is determined that an individual, family or household has an expense or need not specifically identified as eligible; the state will provide a factual summary and forward it to the regional director, FEMA, for determination prior to making a state commitment.
4. The director shall also develop a plan for administration and implementation of the Mississippi Temporary Housing Program (THP) to be included in the MEOP, and it shall include, but not be limited to:
   1. Establishing emergency conditions that warrant program activation.
   2. Developing application procedures and applicant eligibility criteria.
   3. Verifying applicant certification process.
   4. Establishing grant award limits based on fair market rent rates as identified and published by the U.S. Department of Housing and Urban Development.
   5. Maintaining program progress and financial reporting and budget requirements.

HISTORY: Laws, 2004, ch. 405, § 6, eff from and after July 1, 2004.

§ 33-15-211. Amount of grants.

1. In the case of a federally declared disaster, the state cost-share under this article shall be equal to twenty-five percent (25%) of the actual cost of implementing the Other Needs Assistance Program, and shall be made only on the condition that the federal government provides the remaining seventy-five percent (75%) of the ONA grant. In the event of a Governor’s state of emergency declaration, the state grant under this article shall be equal to an amount established by the Director of the Mississippi Emergency Management Agency.
2. An individual, family or household shall not receive a grant or grants under the provisions of this article aggregating more than the amount specified annually by the Federal Emergency Management Agency and published in the Federal Register with respect to any one (1) major disaster declared by the President. In the case of a federally declared disaster, such aggregate amount shall include both state and federal share of the grant. With respect to any one (1) disaster declared by the Governor’s state of emergency, such amount of assistance shall not exceed an amount equal to one-half (1/2) of the amount of the Other Needs Assistance Program specified annually by the Federal Emergency Management Agency and published in the Federal Register and shall include the total amount of rental assistance provided an applicant under the Mississippi Temporary Housing Program.

HISTORY: Laws, 2004, ch. 405, § 7, eff from and after July 1, 2004.

§ 33-15-213. Limitations of time for requesting assistance.

1. The time limitation for the Governor to request federal emergency or major disaster assistance shall be in accordance with current federal regulations.
2. The time limitation for disaster applicants to request assistance and file applications under current federal regulations is sixty (60) days from the date of declaration of disaster by the President. The time limitation for applicants to request state rental assistance under the State Temporary Housing Program is thirty (30) days following the declaration of an emergency by the Governor.

HISTORY: Laws, 2004, ch. 405, § 8, eff from and after July 1, 2004.

§ 33-15-215. Federal temporary housing authorized; powers of Governor.

Whenever disaster conditions arise that affect the lives and safety of a substantial number of residents of the State of Mississippi and the governing authority of the political subdivision wherein said disaster conditions exist makes a request to the Governor for federal major disaster assistance, and the Governor requests, and the President of the United States declares an emergency or a major disaster to exist in this state, the Governor is authorized:

To arrange with any agency of the United States to provide for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the state.

To assist any political subdivision of this state which is the locus of temporary housing units for disaster victims by coordinating with any agency of the United States for such temporary housing to locate and prepare such sites to receive and utilize temporary housing units.

Under such regulations as he shall prescribe, to temporarily suspend or modify for not to exceed sixty (60) days any public health, safety, zoning, transportation (within or across the state) or any other requirement of law or regulation within this state when, by proclamation, he deems such suspension or modification essential for any agency of the United States to provide temporary housing for disaster victims.

HISTORY: Laws, 2004, ch. 405, § 9, eff from and after July 1, 2004.

§ 33-15-217. State temporary housing authorized; powers of state and political subdivisions.

State Temporary Housing Assistance under this article may be made available to those victims of an emergency or localized disaster who, as a result of a state of emergency declared by the Governor, require temporary housing assistance for reasons including, but not limited to, the following:

Physical damage to the dwelling to the extent that it has been rendered uninhabitable for a period of no less than three (3) days.

The dwelling has been determined uninhabitable as a result of an authorized governmental entity requiring evacuations of an area though the structure may be unharmed. This does not include subsequent condemnations for redevelopment of an area following a disaster.

Impeded access to the dwelling that cannot be quickly alleviated by debris removal even though the structure may be unharmed.

Extended interruption of essential utilities sufficient to constitute a health hazard.

Eviction from a residence by the owner because of the owner’s perennial need for housing as a direct result of the disaster.

Eviction from residence by owner because of a financial hardship that is a direct result of the disaster.

Other circumstances which cause temporary housing to be required and which are approved by the director.

HISTORY: Laws, 2004, ch. 405, § 10, eff from and after July 1, 2004.

§ 33-15-219. Description of temporary housing.

Temporary housing shall be limited to minimum accommodations necessary for adequate housing for periods longer than that provided through the operation and use of community emergency shelters. Temporary housing accommodations may include, but not be limited to:

Unoccupied, available housing of the United States when made available by the appropriate federal agency.

Mobile homes, travel trailers or other readily fabricated dwellings provided by the appropriate federal agency.

Rental properties when deemed by the appropriate federal agency to be the most economical means available.

Rental properties and apartments or commercial lodging obtained with state temporary housing program grant proceeds.

HISTORY: Laws, 2004, ch. 405, § 11, eff from and after July 1, 2004.

§ 33-15-221. Conditions precedent for obtaining state temporary housing program assistance.

When temporary housing assistance is provided based on the guidelines outlined in Section 33-15-217, the following conditions are imposed:

An applicant is expected to expend the grant proceeds to secure adequate temporary housing for purposes stated in their application for assistance. Refusal by the applicant to abide by this provision shall result in his forfeiture of eligibility for additional temporary housing assistance.

Temporary housing assistance proceeds shall not be provided for nor expended for providing minimal home repairs or replacing lost or damaged personal property.

Temporary housing assistance shall not be made available to those individuals, families or households with insurance coverage which provides full cost of alternate living arrangements except when, as determined by the appropriate authority, adequate alternate housing is not readily available or the receipt of insurance benefits are uncertain or inadequate to meet temporary housing needs. Individuals, families or households who qualify for and accept state assistance under the exception shall repay or pledge to repay to the state government, from any insurance proceeds for temporary housing to which they are entitled, an amount equivalent to the fair market value of the housing provided by the state. Temporary housing assistance shall not be made available to any individual, family or household for use as a vacation or recreational residence.

HISTORY: Laws, 2004, ch. 405, § 12, eff from and after July 1, 2004.

§ 33-15-223. Period of eligibility for receiving temporary housing assistance.

1. The period of eligibility for any individual, family or household applicant receiving assistance under the State Temporary Housing Program shall be from one (1) to three (3) months determined on the basis of need. Each temporary housing applicant shall endeavor to place himself in adequate alternate housing at the earliest possible time during the period assistance is being provided.
2. Each occupant’s eligibility for continued assistance shall be recertified every thirty (30) days. Thereafter, provided no adequate alternate housing exists, assistance shall be continued for another thirty-day period, not to exceed ninety (90) days. All rental assistance is based on the fair market value of rental rates in the applicant’s particular area according to the rate schedule published by the U.S. Department of Housing and Urban Development.

HISTORY: Laws, 2004, ch. 405, § 13, eff from and after July 1, 2004.

§ 33-15-101. Repealed.

Repealed by Laws, 1995, ch. 333, § 16, eff from and after July 1, 1995.

§33-15-101. [Codes, 1942, § 8610-31; Laws, 1952, ch. 313]

§ 33-15-301. Short title.

This article shall be known and may be cited as the Disaster Assistance Act of 1993.

HISTORY: Laws, 1993, ch. 412, § 1, eff from and after July 1, 1993.

§ 33-15-303. Policy and intent.

It is the intent and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available when needed.

HISTORY: Laws, 1993, ch. 412, § 2, eff from and after July 1, 1993.

§ 33-15-305. Definitions.

The following terms shall have the meanings ascribed in this section, unless the context requires otherwise:

“Director” means the Director of the Mississippi Emergency Management Agency.

“Disaster” means a fire, flood, storm, tornado, hurricane, earthquake or other similar public calamity affecting homeland security resulting directly from man-made, technological or natural causes.

“Local agency” means any municipality, county or special district.

“Local emergency” means the existence of conditions of disaster or extreme peril to the safety of persons and property within a county or municipality proclaimed by the local governing body in accordance with Section 33-15-17(d).

“Governor’s authorized representative” means the primary and alternate emergency management official designated by the Governor to administer federal assistance programs on behalf of the state and local governments and other grant or loan recipients and is responsible for the state compliance with the FEMA-State Agreement.

“Project” means the repair or restoration, or both, other than normal maintenance, or the replacement of public real property of a local agency or a state agency, including, but not limited to, buildings, schools, levees, flood control works, channels, irrigation works, city streets, county roads, bridges and other public works, including those facilities used for recreation purposes, that are damaged or destroyed by a disaster.

“Project application” means the written application made by a state or local agency to the director for federal and state financial assistance, which shall include all damage to public property that resulted from a disaster within the jurisdiction of the agency making application.

“Project worksheet” means the appropriate federal form that must be used to prepare each eligible public assistance project identifying the scope of work and a quantitative estimate for the eligible work.

“Regional response team” means the local government regional response teams, the state response team and the capitol complex response team.

“State agency” means any agency, department, commission, board, institution or special district of the state.

“State of emergency” means the existence of conditions of disaster or extreme peril to the safety of persons or property within the state declared by the Governor in accordance with Section 33-15-11(b)(16).

“Trust fund” means the Disaster Assistance Trust Fund.

HISTORY: Laws, 1993, ch. 412, § 3; Laws, 2002, 3rd Ex Sess, ch. 3, § 17; Laws, 2004, ch. 490, § 1, eff from and after July 1, 2004.

§ 33-15-307. When provisions of article invoked; Disaster Assistance Trust Fund.

1. The provisions of this article shall be invoked only pursuant to a state of emergency declared by the Governor or an emergency or major disaster declared by the President, or pursuant to an executive order of the Governor, or administrative order of the director, in order to provide state or local government resources and personnel in compliance with the provisions of the Emergency Management Assistance Compact, Section 45-18-1 et seq., or in nondeclared times for administrative and training costs associated with state disaster response and recovery programs. Each declaration shall cite the cause for the declaration and define the area eligible for assistance and the type of assistance to be provided.
2. The Disaster Assistance Trust Fund is created as a special fund in the State Treasury into which shall be paid any funds appropriated or otherwise made available by the Legislature for disaster assistance, any funds transferred from the Working Cash-Stabilization Reserve Fund as provided under subsection (5) of this section, any income from investment of the funds in the trust fund, and federal reimbursement for administrative costs for management of the Individuals and Households Program (IHP), the Public Assistance Program, the Hazard Mitigation Program and Disaster Reservist Program.
3. Income from investment of the funds in the trust fund, and all other funds deposited therein pursuant to law, shall be available for expenditure, transfer and allocation pursuant to this article.
4. The Disaster Assistance Trust Fund shall be used only for the following purposes:
   1. The state’s portion of the cost share for public assistance under a major disaster declaration.
   2. The state’s cost share of the Individuals and Households Program (IHP) pursuant to Section 33-15-209(1) under a major disaster declared by the President.
   3. Administrative costs for managing the IHP Program.
   4. Administrative costs for managing the Public Assistance Program.
   5. The State Temporary Housing Program pursuant to Section 33-15-217 under a state of emergency declared by the Governor.
   6. Out-of-pocket expenses, including travel, per diem, overtime and other similar expenses, of state or local agencies when so tasked by the Governor or the director for emergency response under the provisions of Section 33-15-11(b)(7) and current executive orders. This includes actual emergency response and recovery activities, and applies to mobilization and deployment of personnel from state or local agencies to another state under the provisions of the Emergency Management Assistance Compact. At the discretion of the director, this may include reimbursement of costs to local governments for overtime and backfill of deployed personnel within the state under the provisions of Section 33-15-15(a) and to jurisdictions who are signatories of the Statewide Mutual Aid Compact (SMAC).
   7. Costs incurred as a result of state active duty for the Mississippi National Guard when so tasked by the Governor to provide support to other agencies and local governments in a major disaster or emergency situation, or when tasked by the Governor to provide support to another state under the provisions of the Emergency Management Assistance Compact.
   8. The state’s portion of the cost share for hazard mitigation under a major disaster declaration.
   9. Administrative costs of the Hazard Mitigation Program.
   10. Costs incurred as a result of the implementation of the Disaster Reservist Program under a major disaster declaration.
   11. Administrative costs of the Disaster Reservist Program.
   12. Costs incurred as a result of the implementation of public assistance, and/or individual assistance, and/or Disaster Reservist Program, and/or hazard mitigation, and/or temporary housing under a Governor’s state of emergency.
   13. The state’s portion of the cost share for public assistance under a major disaster declaration for tornado or other storm damage to public facilities and infrastructure occurring on November 10, 2002, as provided in Sections 1 through 16 of Chapter 3, Third Extraordinary Session 2002.
   14. Actual costs, including personnel call-back wages, base and overtime wages, travel, per diem and other out-of-pocket expenses incurred by regional response teams as a result of being mobilized or deployed when so tasked by the Governor pursuant to Section 33-15-11(b)(7), or by the director for emergency response pursuant to Section 33-15-15(a).
   15. The state’s portion of the cost share for public assistance under the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, for hurricane or other storm damage to public facilities and infrastructure as a result of Hurricane Katrina, as provided in Section 3 of Chapter 538, Laws of 2006.
5. Whenever the director determines that funds are immediately needed in the Disaster Assistance Trust Fund to provide for disaster assistance under this article, he shall notify the Executive Director of the Department of Finance and Administration of his determination and shall requisition the amount of funds from the Working Cash-Stabilization Fund that are needed in the trust fund, which shall be subject to the limitations set forth below in this subsection. At the same time he makes the requisition, the director shall notify the Lieutenant Governor, the Speaker of the House of Representatives and the respective Chairmen of the Senate Appropriations Committee, the Senate Finance Committee, the House Appropriations Committee and the House Ways and Means Committee of his determination of the need for the funds and the amount that he has requisitioned. Upon receipt of such a requisition from the director, the Executive Director of the Department of Finance and Administration shall ascertain if the amount requisitioned is available in the Working Cash-Stabilization Reserve Fund and is within the limitations set forth below in this subsection and, if it is, he shall transfer that amount from the Working Cash-Stabilization Reserve Fund to the trust fund. If the amount requisitioned is more than the amount available in the Working Cash-Stabilization Fund or above the limitations set forth below in this subsection, the executive director shall transfer the amount that is available within the limitations. The maximum amount that may be transferred from the Working Cash-Stabilization Reserve Fund to the trust fund for any one (1) disaster occurrence shall be Five Hundred Thousand Dollars ($500,000.00) and the maximum amount that may be transferred during any fiscal year shall be One Million Dollars ($1,000,000.00).
6. Unexpended state funds in the Disaster Assistance Trust Fund at the end of a fiscal year shall not lapse into the State General Fund but shall remain in the trust fund for use under this article for as long as the funds are needed for the particular purpose for which they were appropriated, deposited or transferred into the trust fund. After any state funds in the trust fund are no longer needed for the particular purpose for which they were appropriated, deposited or transferred into the trust fund, the director may use those funds for any other purpose under this article for which they currently are needed and for which other funds are not available. If there is no current need for such funds for any purpose under this article, the funds and the income earned from the investment of the funds shall be transferred back to the particular fund or funds in the State Treasury from which they were appropriated or transferred into the trust fund, upon certification of the director to the Executive Director of the Department of Finance and Administration that the funds are not currently needed; however, if such funds are derived from the proceeds of general obligation bonds issued by the state under Section 3 of Chapter 538, Laws of 2006, such excess funds and the income earned from such funds shall be utilized to pay the debt service on such bonds.

HISTORY: Laws, 1993, ch. 412, § 4; Laws, 1994, ch. 433, § 1; Laws, 1998, ch. 338, § 3; Laws, 2000, ch. 413, § 5; Laws, 2001, ch. 341, § 1; Laws, 2002, 3rd Ex Sess, ch. 3, § 18; Laws, 2004, ch. 386, § 2; Laws, 2004, ch. 490, § 2; Laws, 2006, ch. 374, § 3; Laws, 2006, ch. 538, § 4, eff from and after passage (approved Apr. 14, 2006).

§ 33-15-308. Requisition of additional funds for Disaster Assistance Trust Fund to provide for disaster assistance.

It is the intention of the Legislature that whenever the Director of the Mississippi Emergency Management Agency determines that funds are immediately needed in the Disaster Assistance Trust Fund to provide for disaster assistance under this section, he shall notify the Executive Director of the Department of Finance and Administration of his determination and shall requisition the amount of funds from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) that are needed in the trust fund, which shall be subject to the limitations set forth below in this section. At the same time he makes the requisition, the director shall notify the Lieutenant Governor, the Speaker of the House of Representatives and the respective Chairmen of the Senate Appropriations Committee, the Senate Finance Committee, the House Appropriations Committee and the House Ways and Means Committee of his determination of the need for the funds and the amount that he has requisitioned. Upon receipt of such a requisition from the director, the Executive Director of the Department of Finance and Administration shall ascertain if the amount requisitioned is available in the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) and is within the limitations set forth below in this section and, if it is, he shall transfer that amount from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the trust fund. If the amount requisitioned is more than the amount available in the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) or above the limitations set forth below in this section, the executive director shall transfer the amount that is available within the limitations. The maximum amount that may be transferred from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the trust fund for any one (1) disaster occurrence shall be Five Hundred Thousand Dollars ($500,000.00) and the maximum amount that may be transferred during any fiscal year shall be One Million Dollars ($1,000,000.00).

It is the intention of the Legislature, that during the subsequent legislative session, consideration shall be given to provide an appropriation equal to the amount transferred from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the Disaster Assistance Trust Fund under the provisions of this section as repayment to the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund.

HISTORY: Laws, 2012, ch. 547, § 6, eff from and after July 1, 2012.

§ 33-15-309. Director to administer; state agencies to comply; state held harmless in connection with certain project applications; director’s annual report as to trust fund; presentment to Department of Finance for payments from trust fund.

1. The director shall administer this article and shall have the authority to adopt reasonable rules and regulations to effectuate the purposes of this article.
2. A state agency, when requested by the director in accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and current executive orders, shall render services and perform duties within its areas of responsibility necessary to carry out the purpose of this article.
3. Each project application executed between a local agency and the director pursuant to subsection (4) of Section 33-15-313 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds were allocated.
4. Before the convening of the Legislature each year, the director shall submit a written report to the Governor and the Legislature relating to the operation of the trust fund.
5. When certified by the director, requests for reimbursements, advances or final payments from local or state agencies shall be presented to the Department of Finance and Administration for payment out of the trust fund.

HISTORY: Laws, 1993, ch. 412, § 5, eff from and after July 1, 1993.

§ 33-15-311. Allocations from trust fund to state agencies; agencies receiving allocations to request escalations of budgets.

1. The director shall make allocations from the trust fund in such amounts as he determines to be necessary to state agencies for out-of-pocket expenditures incurred for emergency response, preliminary damage assessments, estimates, reports and training of state agency personnel. Allocations also may be made from the trust fund for the purpose of preparing project worksheets, estimates and reports as may be necessary to enable state or local agencies to obtain federal aid for disaster assistance purposes. The director may make allocations to any state agency or office from the trust fund or other funds available therefor in such amounts as are necessary to administer the provisions of this article.
2. State agencies that are to receive allocations from the trust fund for carrying out the purposes of this article shall request the Department of Finance and Administration for escalations of their budgets as necessary for the expenditure of the allocated funds, in the same manner as the department escalates budgets for federal funds under Section 27-104-21(1).

HISTORY: Laws, 1993, ch. 412, § 6; Laws, 2004, ch. 490, § 3, eff from and after July 1, 2004.

§ 33-15-313. Project applications; requirements for allocation of trust fund monies.

1. Subject to the conditions specified in this section, the director shall allocate funds from the trust fund to meet the cost of any one or more projects. The completion of all or part of a project before application for funds under this article shall not disqualify such project or any part thereof.
2. To be eligible for state and/or federal funding, the governing body of the local agency must declare a local emergency and forward such declaration to the Governor.
3. A state or local agency shall make application to the director for state and/or federal financial assistance within thirty (30) days after the date of the declaration of a major disaster or emergency declared by the President or a state of emergency declared by the Governor; however, the director may extend the time for such filing, but only under unusual circumstances. No financial aid shall be provided until an applicant has filed a Notice of Interest and a Request for Federal Assistance and a state and/or federal team has first investigated and reported upon the proposed work, has estimated the cost of the work, and has filed a project worksheet thereon with the Governor’s authorized representative and a project application has been prepared. The estimate of cost of the work may include expenditures made by the state or local agency for such work before the making of such estimate. “Unusual circumstances,” as used in this subsection, means unavoidable delays that result from recurrence of a disaster, prolonged severe weather or other conditions beyond the control of the applicant. Delays resulting from administrative procedures are not unusual circumstances that warrant extensions of time.
4. No funds shall be allocated from the trust fund to a state or local agency until the agency has indicated in writing its acceptance of the project application and the cost-sharing related thereto in such form as the director prescribes. The project application shall provide for the performance of the work by the state or local agency, shall provide for the methods of handling the funds allocated and the matching funds provided by the local agency, and shall contain such other provisions as are deemed necessary to ensure completion of the work included in the project application and the proper expenditures of funds as provided herein.

HISTORY: Laws, 1993, ch. 412, § 7; Laws, 2001, ch. 341, § 2; Laws, 2004, ch. 490, § 4; Laws, 2005, 5th Ex Sess, ch. 18, § 1, eff from and after Aug. 29, 2005.

§ 33-15-315. Work performed by contract with state or local agency.

Work performed by contract with a state or local agency shall be subject to the provisions of Title 31, Chapter 5, and Title 31, Chapter 7, Mississippi Code of 1972 Neither the state or any officer or employee thereof shall have any responsibility in connection with any work performed by a local agency.

HISTORY: Laws, 1993, ch. 412, § 8, eff from and after July 1, 1993.

§ 33-15-317. Advance on funds to initiate projects; disposition of certain federal funds; certain contributions reduced by amount of insurance settlements.

1. Under procedures prescribed by the director, a state or local agency may receive an advance of funds to initiate a project. Such advances shall be limited to not more than seventy-five percent (75%) of the estimated federal share of the project under the President’s state of emergency, or fifty percent (50%) of the estimated share of the project under the Governor’s state of emergency.
2. Disaster assistance funds provided from federal sources under the provisions of Public Law 93-288 as amended by Public Law 100-707 and Public Law 106-390 shall be deposited in the trust fund, and the director shall make advances or reimbursement therefrom for expenditures for eligible work or for payment for performance.
3. State and federal contributions for the repair and restoration of facilities shall be reduced by an amount equal to the insurance settlement received or an amount equal to the amount the local agency would have recovered from an insurance settlement if necessary, adequate and reasonably available insurance had been maintained.

HISTORY: Laws, 1993, ch. 412, § 9; Laws, 2001, ch. 341, § 3; Laws, 2004, ch. 490, § 5, eff from and after July 1, 2004.

§ 33-15-401. Legislative findings and declarations.

The Legislature finds and declares the following: When a major natural disaster such as Hurricane Katrina occurs in Mississippi, there are various types of assistance that are available to individuals and public entities through the federal and state governments to help them recover from the disaster. The majority of that assistance comes from the federal government, and most of the federal assistance is provided through the Federal Emergency Management Agency (FEMA). At the state level, most of the assistance is provided through the Mississippi Emergency Management Agency (MEMA). However, there are also programs in other federal and state agencies that provide assistance and benefits to disaster victims, as well as disaster assistance programs run by public and private entities and disaster-related in-kind donations made by private entities and individuals. Because these other disaster assistance programs and in-kind donations are spread out among a number of agencies and entities, disaster victims sometimes are not aware of the existence of these programs and in-kind donations other than those provided through FEMA and MEMA. After a disaster has occurred, it would be very beneficial for the victims of the disaster to have a single entity in the state, one point of contact, where individuals and public entities would be able to obtain information about those other disaster assistance programs and disaster-related in-kind donations, obtain all of the forms and materials necessary in order to receive the benefits of those programs and in-kind donations, and receive assistance in completing and filing the applications for those programs and in-kind donations.

HISTORY: Laws, 2005, 5th Ex Sess, ch. 9, § 1, eff from and after passage (approved Oct. 6, 2005).

§ 33-15-403. Office of Disaster Assistance Coordination established; duties and responsibilities.

There is established within the Office of the Governor a separate and distinct office to be known as the Office of Disaster Assistance Coordination. The office shall be the primary entity responsible for coordinating information regarding disaster assistance provided by federal agencies other than the Federal Emergency Management Agency (FEMA), by state agencies other than the Mississippi Emergency Management Agency (MEMA), and by other public and private entities that provide various types of assistance and benefits to victims of major natural disasters. The duties and responsibilities of the office shall be as follows:

To serve as a single point of contact where individuals and public entities that are victims of major disasters may obtain information about all federal and state programs that provide assistance and benefits to disaster victims other than those provided by FEMA or MEMA, as well as information about the availability of disaster-related in-kind donations by private entities and individuals;

To provide victims of major disasters with all of the forms and materials necessary in order to receive the benefits of those disaster assistance programs and disaster-related in-kind donations, and provide them with assistance in completing and filing the applications for those programs and in-kind donations;

To coordinate and cooperate with FEMA, MEMA, other federal and state agencies and other public and private entities in providing and sharing information, forms and materials related to disaster assistance programs and disaster-related in-kind donations;

To work with MEMA in coordinating information, revenues, programs and assistance made available in Mississippi by FEMA, whether directly through FEMA or through MEMA; and

To perform such other duties relating to disaster assistance information as may be prescribed by the Governor.

HISTORY: Laws, 2005, 5th Ex Sess, ch. 9, § 2, eff from and after passage (approved Oct. 6, 2005).