35.010 Definitions for chapter.
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35.010 Definitions for chapter.
As used in this chapter, unless the context otherwise requires: <br>(1) "National Guard" means the Kentucky Army National Guard and the Kentucky Air
National Guard;
(2) "Active militia" means a volunteer defense unit other than the National Guard; <br>(3) "Officer" means a commissioned officer, including a warrant officer; <br>(4) "Superior commissioned officer" means a commissioned officer superior in rank or
command;
(5) "Enlisted person" means any person who is serving in an enlisted grade in any force
of the National Guard or active militia;
(6) "State active duty" means full-time military duty in the active service of the state
under an order of the Governor, including travel to and from the duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court, or a
military commission;
(8) "Military judge" means an official of general and special courts-martial detailed in
accordance with KRS 35.125;
(9) "Subject person" means person subject to this chapter; <br>(10) "Code" means this chapter; <br>(11) "Commissioned officer" includes a commissioned warrant officer; <br>(12) "Commanding officer" includes only commissioned officers; <br>(13) "Grade" means a step or degree in a graduated scale of office or military rank that is
established by law or regulation;
(14) "Rank" means order of precedence among members of the National Guard or active
militia;
(15) "Duty status" includes state active duty and any other type of state military duty,
including travel to and from the duty;
(16) "State judge advocate" means the commissioned officer responsible for supervising
the administration of military justice in the National Guard or active militia;
(17) "Accuser" means a person who signs and swears to charges, any person who directs
that charges normally be signed and sworn to by another, and any person who has <br>an interest other than an official interest in the prosecution of the accused;
(18) "Military" refers to any or all of the Armed Forces; <br>(19) "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; <br>and
(20) "Peace officer" as used in this chapter means any sheriff, deputy sheriff, constable,
deputy constable, sworn police officer, sworn enforcement officer of the <br>Department of Kentucky State Police or other duly authorized state law <br>enforcement agency, and other persons with similar authority to make arrests under <br>the provisions of the Kentucky Revised Statutes.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 118, effective June 26, 2007. -- Amended
1992 Ky. Acts ch. 307, sec. 1, effective April 9, 1992 -- Amended 1986 Ky. Acts <br>ch. 239, sec. 1, effective July 15, 1986. -- Amended 1970 Ky. Acts ch. 56, sec. 1. -- <br>Created 1954 Ky. Acts ch. 99, sec. 1, effective July 1, 1954.
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