Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 7. TRIAL PROCEDURES

38-2-1047. Refusal to appear or testify; penalty.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Any person not subject to this article who:#
1. (1)
  Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such court;#
2. (2)
  Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and#
3. (3)
  Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce#
4. shall be punished by the military court in the same manner as a criminal court of this state.
(b)
The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1047, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Other notes

U.S. Code.: For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 847.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 478 to 479; merge action: carried; file SHA-256 4eed692485f5.

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