FOR AN ACT ENTITLED, An Act to revise certain provisions relating to military law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33-2-8 be amended to read as follows:
33-2-8. The militia, while in active service, shall be governed by the military law of the
, and the rules and the Uniform Code of Military Justice of the United States
Section 2. That § 33-3-10 be amended to read as follows:
33-3-10. The discipline and training of the National Guard shall conform to the system
prescribed in this
chapter and in applicable federal law and regulation for the armed forces of
the United States title
Section 3. That § 33-9-4 be repealed.
33-9-4. If any company commander or commissioned officer of the National Guard who
receives the order provided for in § 33-9-3 fails to give such notice or fails to appear at the time
and place ordered, prepared for duty, the commander or officer shall be cashiered and shall be
further punished by fine and imprisonment as adjudged by a court martial or by other
Section 4. That § 33-9-5 be repealed.
33-9-5. If any enlisted member of the National Guard, after being duly notified pursuant to
§ 33-9-3, refuses or neglects to appear at the time and place of rendezvous, properly prepared
for duty, or fails to obey any order issued in such case, the member is deemed a deserter and is
guilty of a Class 2 misdemeanor.
Section 5. That § 33-9-6 be repealed.
33-9-6. Physical incapacity to perform military service, dangerous sickness in the family of
any officer or enlisted member referred to in §§ 33-9-4 and 33-9-5, or absence at the time the
notice was served excuses the member from fault under §§ 33-9-4 and 33-9-5, if the absence
was not intended to avoid such notice or service, and if the officer or member joins the unit for
duty on the officer's or member's return, if the unit is still in service.
Section 6. That § 33-14-14 be amended to read as follows:
33-14-14. If the South Dakota State Guard or any part of the South Dakota State Guard is
ordered out for active service, the Uniform State
Code of Military Justice
of the United States,
found in chapter 33-10, is
applicable to members of the South Dakota National Guard in relation
to courts-martial, their jurisdiction, the limits of punishment, and the rules and regulations
prescribed under the Uniform State
Code of Military Justice
applicable to the South Dakota
National Guard and
are in full force and effect with respect to the South Dakota State Guard.