§ 29:102 — Article 2. Persons subject to this Code

§102. Article 2. Persons subject to this Code
A. This Code applies to all members of the state military forces at all times and in
all places. A court-martial or court of inquiry may be convened and held in a unit of the state
military forces serving outside the state, and the court has the same jurisdiction and powers
as if the court-martial or court of inquiry were held within the state. An offense committed
outside the state may be tried and punished outside the state or within the state. For members
of the state military forces on active duty service in the Army National Guard of the United
States under Title 10, United States Code, this Code shall apply if the federal convening
authority declines to convene a court-martial under the Uniform Code of Military Justice.
B. The processing of charges and all proceedings, including trial, may be conducted
without regard to the duty status of the accused.
C. Subject matter jurisdiction for judicial or nonjudicial punishment exists if there
is a clear and convincing nexus between an offense under this Code and the state military
force. When a member is in a duty status under either Title 32 of the United States Code or
state active duty under R.S. 29:7, there shall be a rebuttable presumption that subject matter
jurisdiction exists.
D. This Code applies to all persons in custody of a federal, state, or local penal
institution while serving a sentence imposed by a court-martial convened under this Chapter.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 1999, No. 284, §2; Acts 2017, No. 75, §1, eff. June 8, 2017; Acts 2019, No. 373, §1.