Mississippi Code
Title 33 - Military Affairs

§ 33-1-29. Organized militia may elect to come within provisions of Workers' Compensation Law - The organized militia of the State of Mississippi, also known...

§ 33-1-31. Unlawful military-type organizations - It shall be unlawful for any body of men whatsoever,...

§ 33-1-35. Prior tenures, enlistments, rights and privileges preserved - Nothing contained in this chapter, and in chapters 3, 5,...

§ 33-1-37. Prior offenses not abolished - All offenses committed and all penalties, forfeitures, fines or liabilities...

§ 33-1-39. Extension of professional license issued active duty military personnel; qualification for extension; fees - A professional license issued pursuant to any provision of Title...

Chapter 3 - Commander in Chief, Military Department, and Governor's Staff

§ 33-3-1. Commander in Chief - The Governor shall be Commander in Chief of the militia...

§ 33-3-3. Military department - There shall be in the executive branch of the state...

§ 33-3-5. Division of military staff - The military staff of the Governor shall be divided into...

§ 33-3-9. Assistant adjutants general - The Governor, on recommendation of the Adjutant General, shall appoint...

§ 33-3-11. General powers and duties of Adjutant General - The Adjutant General shall: Appoint all of the employees of...

§ 33-3-13. Seal; form and effect thereof - The device upon the seal of the Adjutant General shall...

§ 33-3-15. Rules and regulations - The intent of this code is to conform to all...

Chapter 4 - Mississippi Military Family Relief Fund

§ 33-4-1. Mississippi Military Family Relief Fund created; money in fund under direction of Military Department; use of funds; eligibility requirements - A special fund to be designated the "Mississippi Military Family...

Chapter 5 - The Militia and Mississippi State Guard

The Militia

§ 33-5-1. Composition of the Militia - The militia of the State of Mississippi shall consist of...

§ 33-5-3. Enrollment of militia - Whenever the Governor deems it necessary, he may order an...

§ 33-5-5. Exemption from service in the militia - The following persons shall be exempt from military service in...

§ 33-5-7. Appointment of boards to determine exemptions - The Governor shall appoint boards vested with the authority and...

§ 33-5-9. Unorganized militia; when subject to duty - The unorganized militia, or any part thereof, shall not be...

§ 33-5-11. Manner of ordering out unorganized militia - The Governor, when ordering out the unorganized militia, shall designate...

§ 33-5-13. Draft of unorganized militia - If the unorganized militia is ordered out by draft, the...

§ 33-5-15. Fees - As compensation for services rendered under this chapter, circuit clerks...

§ 33-5-17. Punishment for failure to appear - Every member of the militia ordered out for duty, or...

Mississippi State Guard

§ 33-5-51. Organization of the State Guard - The Governor is hereby authorized to organize, equip, train and...

§ 33-5-53. Equipping State Guard - For the use of such State Guard, the Governor is...

Chapter 7 - National Guard

Article 1 - Organization, Training and Discipline

§ 33-7-1. Composition and organization of the Mississippi National Guard - The Mississippi National Guard shall consist of the organized militia...

§ 33-7-3. Training and discipline - Every unit of the Mississippi National Guard and the individual...

§ 33-7-5. Efficiency of troops; officers responsible for - The commander in chief of the organized militia of this...

§ 33-7-7. Governor may order troops beyond borders of state for instruction - The commander in chief is authorized to order out the...

§ 33-7-9. Field training under command of officers of other states - For the purpose of coordinating and making more effective the...

§ 33-7-11. Oaths - Those who are appointed, commissioned, warranted, or enlisted or drafted...

§ 33-7-13. The uniform - The uniform of the Mississippi National Guard shall be the...

§ 33-7-15. Unauthorized wearing of uniform and insignia - It shall be unlawful for any person not a member...

§ 33-7-17. Arms and equipment - All officers and men of the Mississippi National Guard shall...

§ 33-7-19. Penalty for loss, destruction or retention of military property - Every person who shall wantonly, carelessly, intentionally or through neglect,...

§ 33-7-21. Federal pay for National Guard - Whenever the Mississippi National Guard, or any part thereof, attends...

§ 33-7-23. Compensation for inspections and other duties - The Adjutant General may order any officer or enlisted man...

§ 33-7-25. Commanding officer may fix limits to military jurisdiction - Any commanding officer, when on duty, may fix the necessary...

§ 33-7-27. Continuance in National Guard after federal service - Upon the termination of any emergency for which the Mississippi...

§ 33-7-29. Colors and flag to be furnished - Each unit of the Mississippi National Guard which has a...

Article 3 - Commissioned Officers

§ 33-7-101. Commissioned officers-how appointed - The Governor as Commander in Chief shall appoint and commission,...

§ 33-7-103. Terms of office - All officers of the Mississippi National Guard, except the Adjutant...

§ 33-7-105. Oath of officer - Every officer commissioned or warranted in the Mississippi National Guard...

§ 33-7-107. Examinations required for commission - Every person commissioned as an officer in the Mississippi National...

§ 33-7-109. Assignment and transfer of officers - Officers of all grades will be assigned to units or...

§ 33-7-111. Dismissal of officers - No officer of the National Guard shall be dismissed unless...

§ 33-7-113. Rank list of officers - The Adjutant General shall publish annually a relative rank list...

§ 33-7-115. Senior officer on duty in command - If different organizations of the National Guard of this state...

§ 33-7-117. Reserve list - Commissioned officers or warrant officers who are surplus by reduction...

§ 33-7-119. Retired list - For the purposes indicated under the preceding paragraph of this...

§ 33-7-121. Officers supply own uniforms - All commissioned officers will provide themselves with such uniforms as...

Article 5 - Enlisted Personnel

§ 33-7-201. Enlistment period of service, transfer, discharge, and extensions of enlistment - The qualifications for enlistment and re-enlistment, the periods of enlistment,...

§ 33-7-203. Contract and oath of enlistment - Every person who enlists or reenlists in any force of...

§ 33-7-205. Discharge of enlisted men - An enlisted man discharged from service in the National Guard...

§ 33-7-207. Promotion and administrative reduction of enlisted men - The promotion and administrative reduction of enlisted men, including non-commissioned...

§ 33-7-209. Uniform of enlisted men - Every enlisted man of the Mississippi National Guard shall be...

Article 7 - Active State Duty

§ 33-7-305. National Guard; duty when ordered out - It shall be the duty of the Governor, when ordering...

§ 33-7-307. Authority to close establishments - Whenever any part of the military forces of this state...

§ 33-7-309. Control of unlawful assemblies - Before using military forces in the dispersion of any riot,...

§ 33-7-311. Exemption from liability - No member of the militia ordered into the active service...

§ 33-7-313. National Guard; pay; active state duty - Whenever the National Guard, or any part thereof, is called...

§ 33-7-315. Expenses for active state duty - Whenever the National Guard, or any part thereof, is ordered...

§ 33-7-316. Mississippi National Guard State Active Duty Emergency Operations Fund created - There is hereby created in the State Treasury a special...

§ 33-7-317. Duty to maintain militia - The duty of governing and maintaining the National Guard of...

Article 9 - Educational Assistance

§ 33-7-401. Short title - This article shall be known as the Mississippi National Guard...

§ 33-7-403. Definitions - As used in this article, the following words shall have...

§ 33-7-405. National Guard members eligible for tuition and room and board assistance - The Adjutant General is hereby authorized to pay the tuition,...

§ 33-7-407. Conditions of eligibility - In addition to the prerequisites of Section 33-7-405, the following...

§ 33-7-409. Termination of benefits - In the event the individual's service in the Mississippi National...

§ 33-7-411. Adjutant General to administer program - The Adjutant General of Mississippi shall be responsible for the...

§ 33-7-413. Budget; funding - The Adjutant General of Mississippi will annually submit to the...

Article 11 - National Guard Mutual Assistance Counter-Drug Activities Compact

§ 33-7-501. Short title - This article shall be known, and may be cited, as...

§ 33-7-503. National Guard Mutual Assistance Counter-Drug Activities Compact - The National Guard Mutual Assistance Counter-Drug Activities Compact is hereby...

Chapter 9 - Property and Finances

§ 33-9-1. Expenses paid from militia appropriation - All expenditures necessary to carry the provisions of the chapter...

§ 33-9-3. United States property and fiscal officer; bond - The Governor shall appoint, designate or detail, on the recommendation...

§ 33-9-5. United States property and fiscal officer; general duties - The United States property and fiscal officer for the state...

§ 33-9-7. Annual settlements for property both federal and state - Federal Property. - The Adjutant General shall direct the USPFO...

§ 33-9-9. Prerequisites to sharing in appropriations - No unit or activity shall participate in the annual appropriation...

§ 33-9-11. Disbursements of military department funds - The Adjutant General and the Comptroller of the Military Department...

§ 33-9-13. Allowances for maintenance - Each unit shall be entitled to such maintenance fund allowances...

§ 33-9-15. Transportation and subsistence of militia on active state duty - There shall be provided by the state transportation for all...

§ 33-9-17. Officers to surrender property - Every officer of the Mississippi National Guard shall immediately upon...

§ 33-9-19. Appropriation of public property - Any officer or enlisted man taking any government property from...

§ 33-9-21. Purchase or receiving of military property a misdemeanor - If any person knowingly purchases or receives in pawn or...

§ 33-9-23. Disposition of state property - All military property of the state which after proper inspection...

§ 33-9-25. Mississippi National Guard Special Construction Project Design Fund - There is hereby created in the State Treasury a special...

Chapter 11 - Training Facilities

§ 33-11-1. Acquisition of real estate - The Adjutant General of this state may receive on behalf...

§ 33-11-3. Custody and use of training facilities - The Adjutant General shall be the state custodian of training...

§ 33-11-5. Maintenance of facilities - The Adjutant General shall be responsible for the proper maintenance...

§ 33-11-7. Leasing of training facilities - The Adjutant General of the state is authorized and empowered...

§ 33-11-9. Indemnity clauses in leases acquired for camp site - Whenever it shall become necessary or desirable to lease any...

§ 33-11-11. Tax-forfeited lands near Camp Shelby to become part of military reservation - All tracts of lands belonging to private parties which touch...

§ 33-11-15. Leases to United States authorized for National Guard armories - The Adjutant General of Mississippi, in his discretion, subject to...

§ 33-11-17. Mineral leasing of Camp Shelby site - The Adjutant General is authorized to lease the Camp Shelby...

§ 33-11-18. Sale or disposal of minerals, timber and other forest products taken from Camp Shelby military reservation - The Adjutant General is hereby authorized to pay all of...

§ 33-11-19. Procurement of federal funds - The Adjutant General, subject to the approval of the Governor,...

Chapter 13 - Mississippi Code of Military Justice

Article 1 - General Provisions

§ 33-13-1. Definitions - In this chapter unless the context otherwise requires: "State military...

§ 33-13-5. Concurrent jurisdiction with civilian courts - This code shall constitute concurrent jurisdiction with appropriate civilian courts...

§ 33-13-7. Persons subject to code - is subject to this code until such person's service has...

Article 3 - Apprehension and Restraint

§ 33-13-19. Apprehension of deserters - Any civil officer or peace officer having authority to apprehend...

§ 33-13-23. Restraint of persons charged with offenses; confinement in civilian institutions - Any person subject to this code charged with an offense...

§ 33-13-27. Punishment prohibited before trial - Subject to Section 33-13-355, no person, while being held for...

Article 5 - Nonjudicial Punishment

§ 33-13-31. Commanding officer's nonjudicial punishment - 1. Arrest in quarters for not more than thirty (30)...

Article 7 - Courts-Martial Jurisdiction

§ 33-13-151. Courts-martial classified; composition - The three (3) kinds of courts-martial in each of the...

§ 33-13-153. Jurisdiction of courts-martial in general - Each force of the state military forces has court-martial jurisdiction...

§ 33-13-161. Jurisdiction of courts-martial not exclusive - The provisions of this article conferring jurisdiction upon courts-martial do...

Article 9 - Appointment and Composition of Courts-Martial

§ 33-13-175. Who may convene general courts-martial - In the state military forces not in federal service, general...

§ 33-13-177. Who may convene special courts-martial - In the state military forces not in federal service, the...

§ 33-13-179. Who may convene summary courts-martial - In the state military forces not in federal service, the...

§ 33-13-187. Detail or employment of reporters and interpreters - Under such regulations as the Governor may prescribe, the convening...

Article 11 - Pre-Trial Procedure

§ 33-13-257. Forwarding of charges - When a person is held for trial by general court-martial,...

§ 33-13-261. Service of charges - The trial counsel to whom court-martial charges are referred for...

Article 13 - Trial Procedure

§ 33-13-301. Governor may prescribe rules - The pretrial, trial and post-trial procedures, including modes of proof,...

§ 33-13-309. Continuances - The military judge, or a court-martial without a military judge,...

§ 33-13-313. Oaths - Before performing their respective duties, military judges, members of general...

§ 33-13-325. Contempts - A military court may punish for contempt any person who...

§ 33-13-335. Court to announce action - A court-martial shall announce its finding and sentence to the...

Article 15 - Sentences

§ 33-13-351. Cruel and unusual punishment prohibited - Punishment by flogging, or by branding, marking or tatooing on...

§ 33-13-353. Maximum limits - The punishment which a court-martial may direct for an offense...

Article 17 - Review of Courts-Martial

§ 33-13-403. Initial action on the record - After trial by court-martial the record shall be forwarded to...

§ 33-13-405. General court-martial records - The convening authority shall refer the record of each general...

§ 33-13-407. Reconsideration and revision - Where there is an apparent error or omission in the...

§ 33-13-409. Rehearings - If the convening authority disapproves the finding and sentence of...

§ 33-13-411. Approval by the convening authority - In acting on the findings and sentence of a court-martial,...

§ 33-13-419. Precedents of other courts - Decisions of the United States Court of Appeals for the...

§ 33-13-421. Appellate counsel - The counsel and defense counsel of a court-martial shall serve...

§ 33-13-425. Petition for a new trial - At any time within two (2) years after approval by...

§ 33-13-431. Finality of proceedings, findings, and sentences - The appellate review of records of trial provided by this...

Article 19 - Punitive Sections

§ 33-13-451. Persons to be tried or punished - No person may be tried or punished for any offense...

§ 33-13-453. Principal - Any person subject to this code who:

§ 33-13-455. Accessory after the fact - Any person subject to this code, who knowing that an...

§ 33-13-457. Conviction of lesser included offense - An accused may be found guilty of an offense necessarily...

§ 33-13-459. Attempts - An act, done with specific intent to commit an offense...

§ 33-13-461. Conspiracy - Any person subject to this code who conspires with any...

§ 33-13-463. Solicitation - Any person subject to this code who solicits or advises...

§ 33-13-465. Fraudulent enlistment, appointment, or separation - Any person who:

§ 33-13-467. Unlawful enlistment, appointment, or separation - Any person subject to this code who effects an enlistment...

§ 33-13-471. Absent without leave - Any person subject to this code, who without authority:

§ 33-13-473. Missing movement - Any person subject to this code who through neglect or...

§ 33-13-475. Contempt towards Governor - Any commissioned officer subject to this code who uses contemptuous...

§ 33-13-477. Disrespect toward superior commissioned officer - Any person subject to this code who behaves with disrespect...

§ 33-13-479. Assaulting or willfully disobeying superior commissioned officer - Any person subject to this code who: Strikes his superior...

§ 33-13-481. Insubordinate conduct toward warrant officer or noncommissioned officer - Any person subject to this code who: Strikes or assaults...

§ 33-13-483. Failure to obey order or regulation - Any person subject to this code who:

§ 33-13-485. Cruelty and maltreatment - Any person subject to this code, who is guilty of...

§ 33-13-487. Mutiny or sedition - Any person subject to this code who: A person who...

§ 33-13-489. Resistance, breach of arrest, and escape - Any person subject to this code who resists apprehension or...

§ 33-13-491. Releasing prisoner without proper authority - Any person subject to this code who, without proper authority,...

§ 33-13-493. Unlawful detention of another - Any person subject to this code who, except as provided...

§ 33-13-495. Noncompliance with procedural rules - Any person subject to this code who: Is responsible for...

§ 33-13-497. Misbehavior before the enemy - Any person subject to this code who before or in...

§ 33-13-499. Subordinate compelling surrender - Any person subject to this code who compels or attempts...

§ 33-13-501. Improper use of countersign - Any person subject to this code who in time of...

§ 33-13-503. Forcing a safeguard - Any person subject to this code who forces a safeguard...

§ 33-13-507. Aiding the enemy - Any person subject to this code who:

§ 33-13-509. Misconduct of a prisoner - Any person subject to this code who, while in the...

§ 33-13-511. False official statements - Any person subject to this code who, with intent to...

§ 33-13-513. Military property loss, damage, destruction, wrongful disposition - Any person subject to this code who, without proper authority:

§ 33-13-515. Property other than military property; waste, spoilage, or destruction - Any person subject to this code who willfully or recklessly...

§ 33-13-517. Improper hazarding of vessel - Any person subject to this code who wilfully and wrongfully...

§ 33-13-519. Under influence of liquor or drugs while on duty; sleeping on post; leaving post before relief - Any person subject to this code who is found under...

§ 33-13-521. Malingering - Any person subject to this code who for the purpose...

§ 33-13-523. Riot or breach of peace - Any person subject to this code who causes or participates...

§ 33-13-525. Provoking speeches or gestures - Any person subject to this code who uses provoking or...

§ 33-13-527. Conduct unbecoming an officer and a gentleman - Any commissioned officer, officer candidate or warrant officer who is...

§ 33-13-529. General article - Though not specifically mentioned in this code, all disorders and...

Article 21 - Miscellaneous Provisions

§ 33-13-609. Immunity for action of military courts - No accused may bring an action or proceeding seeking damages...

§ 33-13-611. Delegation of authority by the Governor - The Governor may delegate any authority vested in him under...

§ 33-13-619. Presumption of jurisdiction - The jurisdiction of the military courts and boards established by...

§ 33-13-621. Witness expenses - Persons subpoenaed or required to appear as witnesses before military...

§ 33-13-625. Expenses of administration - The Adjutant General shall have authority to pay all expenses...

§ 33-13-627. Short title - This chapter may be cited as the "Mississippi Code of...

Chapter 15 - Emergency Management and Civil Defense

Article 1 - Emergency Management Law

§ 33-15-1. Short title - This article may be cited as the "Mississippi Emergency Management...

§ 33-15-3. Policy and purpose - Because of the existing and increasing possibility of the occurrence...

§ 33-15-5. Definitions - The following words, whenever used in this article shall, unless...

§ 33-15-7. Mississippi Emergency Management Agency established; director and other personnel - There is hereby created within the executive branch of the...

§ 33-15-11. Emergency management powers of Governor - The Governor shall have general direction and control of the...

§ 33-15-13. Emergency powers of Governor - In the event of actual or impending enemy attack, as...

§ 33-15-14. Preparation and maintenance of state comprehensive emergency management plan - 2. The agency shall prepare an interim postdisaster response and...

§ 33-15-15. Mobile support units - The agency is authorized to provide, within or without the...

§ 33-15-17. Local organization of emergency management - Each county and municipality, or counties and the municipalities therein...

§ 33-15-19. Mutual aid arrangements - The governing body of a municipality or county of the...

§ 33-15-21. Immunity - Neither the state nor any political subdivision thereof, nor other...

§ 33-15-23. Funds - For the purpose of paying any expenses of its local...

§ 33-15-25. Matching funds - The Governor of the State of Mississippi is authorized to...

§ 33-15-27. Authority to accept services, gifts, grants and loans - Whenever the federal government or any agency or officer thereof...

§ 33-15-29. Utilization of existing services and facilities - In carrying out the provisions of this article, the Governor...

§ 33-15-31. Orders, rules and regulations - The governing bodies of the political subdivisions of the state...

§ 33-15-33. Political activity prohibited - No individual employed by or for an organization for emergency...

§ 33-15-37. Enforcement - It shall be the duty of every organization for emergency...

§ 33-15-39. Peace officers - Any county or municipality, through its governing board, and with...

§ 33-15-41. Arrests - Any emergency management auxiliary policeman who has had conferred upon...

§ 33-15-43. Penalties - Any person violating any provision of this article or any...

§ 33-15-45. Local emergency management councils continued - All local emergency management councils heretofore created under the provisions...

§ 33-15-47. Liberality of construction - This article shall be construed liberally in order to effectuate...

§ 33-15-49. Emergency use of state or local personnel and equipment authorized; limitation of liability - In the event an impending enemy attack, an enemy attack,...

§ 33-15-51. Grand Gulf Disaster Assistance Trust Fund - The Grand Gulf Disaster Assistance Trust Fund is hereby created...

§ 33-15-53. State emergency coordination officers - The head of each state department, agency or commission shall...

Article 2 - Individual Assistance and Emergency Temporary Housing Act

§ 33-15-201. Short Title - This article shall be known and may be cited as...

§ 33-15-202. Legislative declaration of purpose - It is the intent of the Legislature and declared to...

§ 33-15-203. Definitions - The following words wherever used in this article shall, unless...

§ 33-15-205. Presidential declaration of emergency; power of Governor to accept assistance - Whenever the President of the United States, at the request...

§ 33-15-207. Filing request for federal assistance - In order to make federal Individual Assistance and Other Needs...

§ 33-15-215. Federal temporary housing authorized; powers of Governor - Whenever disaster conditions arise that affect the lives and safety...

§ 33-15-217. State temporary housing authorized; powers of state and political subdivisions - State Temporary Housing Assistance under this article may be made...

§ 33-15-219. Description of temporary housing - Temporary housing shall be limited to minimum accommodations necessary for...

§ 33-15-221. Conditions precedent for obtaining state temporary housing program assistance - When temporary housing assistance is provided based on the guidelines...

Article 5 - Disaster Assistance Act of 1993

§ 33-15-301. Short title - This article shall be known and may be cited as...

§ 33-15-303. Policy and intent - It is the intent and declared to be the policy...

§ 33-15-305. Definitions - The following terms shall have the meanings ascribed in this...

§ 33-15-308. Requisition of additional funds for Disaster Assistance Trust Fund to provide for disaster assistance - It is the intention of the Legislature that whenever the...

§ 33-15-315. Work performed by contract with state or local agency - Work performed by contract with a state or local agency...

Article 7 - Office of Disaster Assistance Coordination

§ 33-15-401. Legislative findings and declarations - The Legislature finds and declares the following: When a major...

§ 33-15-403. Office of Disaster Assistance Coordination established; duties and responsibilities - There is established within the Office of the Governor a...

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Mississippi Code Title 33 - Military Affairs

Mississippi Code
Title 33 - Military Affairs