Section 32.1002 - Definitions.
MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (EXCERPT)
Act 523 of 1980
32.1002 Definitions.
Sec. 2.
As used in this act:
(a) "Accuser" means a person who signs and swears to charges, a person who directs that charges be signed and sworn to by another, or a person who has an interest other than an official interest in the prosecution of the accused.
(b) "Active service" means service, active state service, or special duty required by law, regulation, or order of the governor. Active service includes the continuing obligations of active members of the national guard and the defense force by virtue of their commissions, appointments, or enlistments.
(c) "Active state duty" means the actual weekend, annual training, or special call up duty in the state military forces and includes travel to and from the duty site or station.
(d) "Active state service" means military service in support of civil authorities ordered by the governor or as provided by the Michigan military act.
(e) "Apprehension" means the taking of a person into custody.
(f) "Commanding officer" includes only a commissioned officer.
(g) "Confinement" means the physical restraint of a person.
(h) "Controlled substance" means opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, marihuana, any compound or derivative of any such substance, and any other substance that is listed in schedules I through V of section 202 of the controlled substances act, 21 USC 812, including any subsequent amendments thereto.
(i) "Correctional custody" means the physical restraint of a person during duty or nonduty while on active state duty and includes extra duty, fatigue duty, or hard labor.
(j) "Enlisted member" means a person in an enlisted grade.
(k) "Federal service" means military duty in the armed forces of the United States, including, without limitation, the army national guard of the United States and the air national guard of the United States, while subject to the uniform code of military justice, 10 USC, 801 to 946.
(l) "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 rule.
(m) "Judge advocate" means an officer who is designated as a judge advocate by the state judge advocate general.
(n) "Military" includes each armed force of the United States and each component of the state military establishment.
(o) "Military court" means a court-martial, a court of inquiry, or the military appeals tribunal.
(p) "Military judge" means a judge advocate designated as a military judge by the state judge advocate general or an official of a general or special court-martial appointed pursuant to section 26.
(q) "Minor offense" means an offense under a punitive section of this act that a commanding officer considers minor.
(r) "Officer" means a commissioned or warrant officer.
(s) "Staff judge advocate" means the commissioned officer responsible for supervising the administration of military justice within a command.
(t) "State judge advocate general" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces.
(u) "State military forces" means the national guard of the state, as defined in 32 USC 101(3), and any other military force organized under the laws of the state.
(v) "Summary court officer" means an official appointed pursuant to section 16(c) who is authorized to serve warrants.
(w) "Superior commissioned officer" means a commissioned officer superior in rank or command.
(x) "Unit" means a regularly organized body of the military that is not larger than a company or squadron.
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2005, Act 186, Imd. Eff. Oct. 27, 2005