38-2-1001. Definitions.

As used in this article, the term:

“Accuser” means a person who signs and swears to charges, directs that charges nominally be signed and sworn to by another, or has an interest other than an official interest in the prosecution of the accused.#

“Another state” means any one of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.#

“Apprehension” means the taking of a person into custody.#

“Arrest” means the restraint of a person by oral or written order that is not imposed as punishment and that directs such person to remain within specified limits.#

“Arrest in quarters” means a punishment requiring a person to remain within his or her military residence, whether a tent, stateroom, or other quarters assigned, or a private residence when government quarters have not been provided during the period of punishment.#

“Cadet,” “candidate,” or “midshipman” means a person enrolled in or attending a military academy, regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the organized militia.#

“Classified information” means any information or material that has been determined by an official of the United States or of another state, pursuant to law, an executive order, or regulation, to require protection against unauthorized disclosure for reasons of national or state security.#

“Commander” means:#

1. (A)

   A commissioned officer of the organized militia who is in command or who is in charge;#

2. (B)

   The Governor; or#

3. (C)

   The adjutant general.#

“Commanding officer” means a commander.#

“Confinement” means physical restraint imposed by order of competent authority depriving a person of freedom.#

“Convening authority” means the person convening the court, a successor in office, or an authorized designee of the person or successor.#

“Enlisted member” means a person in an enlisted grade.#

“Judge advocate” means an individual who is certified or designated as such by the Judge Advocate General of the United States Army or Air Force or certified by the state judge advocate as competent to perform such military justice duties required by this article. Such individual shall be a commissioned officer of the organized militia.#

“Military court” means a court-martial or court of inquiry.#

“Military judge” means an active or retired commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof who meets all requirements set forth in subsection (b) of Code Section 38-2-1026.#

“Organized militia” means the National Guard of this state as provided for by Title 32 of the United States Code, the Georgia Naval Militia, and any other military force organized under the Constitution and laws of this state when not in a status subjecting such force or forces to exclusive jurisdiction under Chapter 47 of Title 10 of the United States Code.#

“Record,” when used in connection with the proceedings of a court-martial, means:#

1. (A)

   An official written transcript, written summary, or other writing relating to the proceedings; or#

2. (B)

   An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.#

“Senior force commander” means the assistant adjutant general for army, the assistant adjutant general for air, or the brigadier general in charge of the State Defense Force.#

“Superior commissioned officer” means a commissioned officer superior in rank or command.#