39A-5-203. Jurisdiction — Punishments.
| (1) |
Terms Used In Utah Code 39A-5-203- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
A military court in this state has jurisdiction to try individuals subject to this chapter for any offense punishable by this chapter. |
| (b) |
The military court may, under limitations the governor may prescribe, and under applicable state and federal regulations governing punishment, impose any punishment described in Section 39A-5-302 and not prohibited by this chapter or state law, including the issuance of a bad conduct discharge, when the court is in session to consider a penalty. |
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| (2) |
Each major command component of the National Guard has military court jurisdiction over all individuals subject to this chapter. The exercise of this jurisdiction by one command component over members of another shall be in accordance with regulations prescribed by the governor. |
| (3) |
Members of the Utah National Guard in federal service are subject to the federal Uniform Code of Military Justice and all federal and state laws pertaining to them, until released back to state control. |
| (4) |
The jurisdiction of the courts established by this chapter is presumed, and the burden of proof shall rest on any individual attacking the court’s jurisdiction in any action or proceeding. |
Renumbered and Amended by Chapter 373, 2022 General Session
