(a)  Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that person’s property has been wrongfully taken by members of the state military forces, that officer 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 damage made by the board is subject to the approval of the commanding officer, and in the amount so approved by the commanding officer, 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 (c) of this section, on any disbursing officer for the payment by that officer to the injured parties of the damages so assessed and approved.

Terms Used In Rhode Island General Laws 30-13-125

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commanding officer: includes only commissioned officers;
    (5) "Commissioned officer" includes a commissioned warrant officer;
    (6) "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;
    (7) "Duty status other than active state duty" means any type of required duty other than that set forth in subdivision (2) of this section and includes travel to and from that duty;
    (8) "Enlisted member" means a person in an enlisted grade;
    (9) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designed as a grade by law or regulation;
    (10) Law officer" means an official of a general court-martial detailed in accordance with § 30-13-28
    (11) "Law specialist" means a commissioned officer of the organized naval militia of the state designated for special duty (law);
    (12) "Legal officer" means any commissioned officer of the organized naval militia of the state designated to perform legal duties for a command;
    (13) "May" is used in a permissive sense. See Rhode Island General Laws 30-13-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  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.

(c)  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 or her behalf, and to cross-examine those appearing against him or her. He or she has the right of appeal to the next higher commander.

History of Section.
G.L. 1956, § 30-13-125; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.