N.Y.
Military Law Section 130.3
Jurisdiction to try certain personnel
(a)
Subject to the provisions of section 130.43, any person subject to this code who is charged with having committed an offense against this code while serving during a prior enlistment in a force of the organized militia shall not be relieved from amenability to trial by court-martial by reason of the termination of said prior enlistment, if such person re-enlisted in any force of the organized militia not more than one day after the date of termination of the prior enlistment.(b)
All persons discharged from the organized militia subsequently charged with having fraudulently obtained said discharge shall, subject to the provisions of section 130.43, be subject to trial by court-martial on said charge and after apprehension, shall be subject to this code. Upon conviction of said charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.(c)
Any person who has deserted from the organized militia shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.(d)
In the case of persons charged with absence without leave under section 130.82 of this article, in personam jurisdiction of special courts-martial with powers to adjudge a bad-conduct discharge can be obtained over such persons by any method of personal service sufficient for personal jurisdiction under the provisions of Civil Practice Law & Rules Law § 308 (Personal service upon a natural person)section three hundred eight of the civil practice law and rules; provided that diligent efforts have been made to deliver the charges to such persons. In all cases where personal jurisdiction is obtained by service in accordance with the provisions of this section, the special courts-martial shall not have the power to adjudge confinement.
Source:
Section 130.3 — Jurisdiction to try certain personnel, https://www.nysenate.gov/legislation/laws/MIL/130.3 (updated Sep. 22, 2014; accessed May 4, 2024).
