The purposes of the Oklahoma Uniformed Services Employment and Reemployment Rights Act are:
1. To encourage noncareer service in the state military forces by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;
2. To minimize the disruption to the lives of persons performing service in the state military forces as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of service; and
3. To prohibit discrimination against persons because of their service in the state military forces.
Added by Laws 2021, c. 122, § 3, emerg. eff. April 21, 2021.
Structure Oklahoma Statutes
§44-3. Reference to repealed clauses.
§44-6. Honorary staff of the Governor.
§44-21.1. Personnel - Unclassified service.
§44-22. Administration of military matters.
§44-24. Adjutant General - Eligibility - Appointment.
§44-25. Rank of Adjutant General - Assistants.
§44-26. Duties of the Adjutant General.
§44-26.1. Financial donations to the Adjutant General.
§44-27. Compensation of personnel.
§44-41. Composition of Militia - Classes.
§44-43. Eligibility as commissioned officers - Qualifications.
§44-45. Oath of commissioned officers.
§44-48. Discharge of enlisted men.
§44-49. Application of Army customs - Regulations and usage.
§44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.
§44-72. Ordering into active service.
§44-73. Local commanding officer - Order into service in emergency.
§44-74. Compensation and benefits.
§44-75. Hospital and medical treatment.
§44-77. State funding for insurance premiums.
§44-112. Suits for recovery of property.
§44-113. Seizure and report of property illegally possessed, etc.
§44-114. Accounts - Settlement.
§44-115. Bond of officers accountable for or receiving military property.
§44-116. Accounting by officer before receiving payments.
§44-117. Issue and use of property.
§44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.
§44-208.1. Civil law protections - Servicemembers Civil Relief Act.
§44-209. Leave of absence to public officers and employees.
§44-210. Assault on member or body of National Guard or person assisting them.
§44-211. Martial law - Arrests and subpoenas.
§44-212. Deadly force – Immunity from personal liability.
§44-218. Acceptance or purchase of title to real estate.
§44-219. State not to be financially responsible.
§44-220. Building and loan association loans authorized.
§44-221. Provisions for National Guard when in service.
§44-223. Privilege from arrest.
§44-224. Misdemeanor to interfere with Militia.
§44-227. Architect - Selection - Contract by Adjutant General.
§44-228. Deed or lease by county commissioners to Adjutant General.
§44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.
§44-230. Police officers (OMD) - Powers and duties.
§44-231a. Fire protection agreements.
§44-231b. Protection of assets vital to national security.
§44-232.1. Contracts to lease or rent facilities.
§44-232.4. Rules and regulations for use and oversight of facilities.
§44-233.2. Agreement with United States.
§44-233.5. Conveyance of sites by political subdivisions.
§44-233.7. Oklahoma Military Department Revolving Fund.
§44-233.10. Purchase of replacement commercial funds.
§44-233.10a. Purchase of computer hardware or software.
§44-233.11. Contracts for professional services.
§44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.
§44-233.13. Authority to purchase products through a General Services Administration contract.
§44-233.14. Military Justice Revolving Fund.
§44-235. Creation of Oklahoma National Guard Museum.
§44-235.1. Oklahoma National Guard Museum Fund.
§44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.
§44-237. Oklahoma National Guard Relief Program.
§44-241. Governor authorized to organize, maintain, etc. - Uniform.
§44-242. Designation - Composition - Distinct from National Guard - Place of service.
§44-245. Persons not to be commissioned or enlisted.
§44-247. Term of enlistment - Oath upon enlistment.
§44-248. Exemption from arrest, jury duty and service on posse comitatus.
§44-250. Short title - Oklahoma State Guard Act.
§44-800. Short title - Oklahoma Uniform Code of Military Justice.
§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.
§44-803. Jurisdiction to try certain personnel.
§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.
§44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.
§44-806B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.
§44-808. Warrant of arrest, issuance, contents, service.
§44-809. Imposition of restraint.
§44-810. Restraint of persons charged.
§44-811. Place of confinement, reports and receiving of prisoners.
§44-813. Punishment prohibited before trial.
§44-814. Delivery of offenders to civil authorities.
§44-815. Commanding officer's nonjudicial punishment.
§44-816. Courts-martial classified.
§44-817. Jurisdiction of courts-martial in general.
§44-818. General courts-martial.
§44-819. Jurisdiction of special courts-martial.
§44-820. Jurisdiction and appeals of summary courts-martial.
§44-822. Who may convene general courts-martial.
§44-823. Who may convene special courts-martial.
§44-824. Who may convene summary courts-martial.
§44-825. Who may serve on courts-martial.
§44-826. Military trial judge of a general or special court-martial.
§44-826A. Military magistrates.
§44-827. Detail of trial counsel and defense counsel.
§44-828. Detail or employment of reporters and interpreters.
§44-829. Assembly and impaneling of members - Detail of new members and military judges.
§44-830. Charges and specifications.
§44-830A. Certain proceedings conducted before referral.
§44-831. Compulsory self-incrimination prohibited.
§44-832. Preliminary hearing required before referral to general court-martial.
§44-833. Disposition guidance.
§44-834. Advice to convening authority before referral for trial.
§44-835. Service of charges - Commencement of trial.
§44-836. Procedure for courts-martial.
§44-837. Unlawfully influencing action of court.
§44-838. Duties of trial counsel and defense counsel.
§44-843. Statute of limitations.
§44-845. Pleas of the accused.
§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.
§44-847. Refusal to appear or testify.
§44-850. Admissibility of sworn testimony from records of courts of inquiry.
§44-850A. Defense of lack of mental responsibility.
§44-852. Votes required for conviction, sentencing and other matters.
§44-853. Findings and sentencing.
§44-855. Cruel and unusual punishments prohibited.
§44-857. Effective date of sentences.
§44-858. Execution of confinement.
§44-858A. Sentences - Reduction in enlisted grade.
§44-858B. Sentences - Forfeiture of pay and allowances during confinement.
§44-858C. Enforcement of fines or adjudication of pecuniary liability.
§44-859. Error of law - Lesser included offense.
§44-860. Posttrial processing in general and special courts-martial.
§44-860A. Limited authority to act on sentence in specified posttrial circumstances.
§44-861. Waiver of right to appeal - Withdrawal of appeal.
§44-862. Appeal by the State of Oklahoma.
§44-864. Judge advocate review of finding of guilty in summary court-martial.
§44-865. Transmittal and review of records.
§44-866. Military Court of Appeals for state military forces.
§44-867. Review by the Oklahoma Court of Criminal Appeals.
§44-869. Review by State Judge Advocate.
§44-872. Vacation of suspension.
§44-873. Petition for a new trial.
§44-874. Remission and suspension.
§44-876. Finality of proceedings, findings, and sentences.
§44-876A. Leave required to be taken pending review of certain court-martial convictions.
§44-876B. Lack of mental capacity or mental responsibility.
§44-878. Accessory after the fact.
§44-879. Conviction of offense charged, lesser included offenses.
§44-882. Soliciting commission of offenses.
§44-884. Breach of medical quarantine.
§44-886. Absence without leave.
§44-887. Missing movement - Jumping from vessel.
§44-887A. Resistance, flight, breach of arrest, and escape.
§44-888. Contempt toward officials.
§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.
§44-890. Willfully disobeying superior commissioned officer.
§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.
§44-892. Failure to obey order or regulation.
§44-893. Cruelty and maltreatment.
§44-895. Offenses by sentinel or lookout.
§44-895A. Disrespect toward sentinel or lookout.
§44-896. Release of prisoner without authority - Drinking with prisoner.
§44-898. Misconduct as prisoner.
§44-899. Misbehavior before the enemy.
§44-900. Subordinate compelling surrender.
§44-901. Improper use of countersign.
§44-903C. Unlawful disclosure of confidential information.
§44-904. Public records offenses.
§44-904A. Fraudulent enlistment, appointment, or separation.
§44-904B. Unlawful enlistment, appointment, or separation.
§44-905A. False or unauthorized pass offenses.
§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.
§44-907. False official statements - False swearing.
§44-908. Military property-loss, damage, destruction, or wrongful disposition.
§44-908A. Captured or abandoned property.
§44-909. Property other than military property - Waste, spoilage, or destruction.
§44-910. Improper hazarding of vessel or aircraft.
§44-912. Drunkenness and other incapacitation offenses.
§44-912A. Wrongful use, possession, etc., of controlled substances.
§44-914. Endangerment offenses.
§44-916. Riot or breach of peace.
§44-917. Provoking speeches or gestures.
§44-917A. Wrongful broadcast or distribution of intimate visual images.
§44-920. Sexual assault generally.
§44-920C. Other sexual misconduct.
§44-921. Larceny and wrongful appropriation.
§44-924. Frauds against the government.
§44-931A. Subornation of perjury.
§44-931B. Obstructing justice.
§44-931C. Misprision of serious offense.
§44-931D. Wrongful refusal to testify.
§44-931F. Noncompliance with procedural rules.
§44-931G. Wrongful interference with adverse administrative proceeding.
§44-933. Conduct unbecoming an officer and a gentleman.
§44-936. Authority to administer oaths.
§44-937. Articles to be explained.
§44-938. Complaints of wrongs.
§44-939. Redress of injuries to property.
§44-940. Delegation by the Governor.
§44-940A. Precedence of regulations.
§44-940B. Publication by Secretary of State.
§44-941. Payment of fees, costs and expenses - Military Justice Fund.
§44-942. Payment and collection of fines.
§44-943. Uniformity of interpretation.
§44-944. Immunity for duties performed under Code.
§44-945. Jurisdiction not extended to certain crimes.
§44-946. Continuances for military service.
§44-4300. Short title - Oklahoma Uniformed Services Employment and Reemployment Rights Act.
§44-4302. Construction with other laws.
§44-4304. Termination of entitlement to benefits.
§44-4311. Employment rights – Discrimination by employer.
§44-4312. Reemployment rights and benefits.
§44-4313. Employees of state government or political subdivisions - Reemployment.
§44-4315. State agency or political subdivision procedures for ensuring rights apply to employees.
§44-4316. Reemployment – Retention of seniority and other rights and benefits.
§44-4317. Continuation of health coverage.
§44-4321. Assistance from Commissioner of Labor.
§44-4322. Refusal to comply – Complaint process.
§44-4323. Action for relief – Referral to district attorney.
§44-4326. Investigatory powers – Subpoenas – District court writs.
§44-4331. Authority to prescribe regulations.
§44-4332. Annual report by the Commissioner of Labor.
§44-4333. Informing persons and employers of rights, benefits, and obligations.
§44-4334. Notice of rights, benefits, and obligations to be posted by employer.
§44-4335. Training to be provided by state agencies and political subdivisions.