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  40.040.  Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when. — 1.  Under such regulations as may be prescribed under sections 40.005 to 40.490, a person subject to sections 40.005 to 40.490 who is on active state duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

  2.  When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial and the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for the offense, shall, upon the request of competent military authority, be returned to military custody for the completion of such sentence of the court-martial.


(L. 1984 H.B. 1035 § 14, A.L. 1986 H.B. 1505)

< end of effective 28 Aug 1986 >

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