(a) Has been duly subpoenaed to appear as a witness before a court-martial, court of inquiry or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission or board;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state in ORS 44.415 (2); and
(c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.
(2) The district attorney of the county in which the offense occurred, upon certification of the facts by the military court, court of inquiry or board, shall prosecute any person who commits the offense described in subsection (1) of this section. [1961 c.454 §126; 1985 c.682 §33; 1989 c.980 §13; 2005 c.512 §23; 2011 c.597 §189; 2013 c.81 §13]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 398 - Military Justice
Section 398.002 - Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515.
Section 398.004 - Persons subject to Oregon Code of Military Justice.
Section 398.006 - Jurisdiction to try certain personnel.
Section 398.010 - Territorial applicability of Oregon Code of Military Justice.
Section 398.012 - Judge advocates; legal assistants.
Section 398.014 - Presentment of Class A felony charges to civilian authority.
Section 398.060 - Place of confinement.
Section 398.120 - Application for commutation or pardon.
Section 398.216 - Statute of limitation.
Section 398.224 - Refusal to appear or testify.
Section 398.234 - Number of votes required.