HOUSE BILL NO. 128
INTRODUCED BY JENT
BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
AN ACT PROVIDING THAT THE COMMISSION OR WARRANT OF AN OFFICER IN THE STATE'S ORGANIZED MILITIA MUST BE VACATED IF THE OFFICER IS CONVICTED OF A FELONY OR INCARCERATED IN A STATE OR FEDERAL CORRECTIONAL INSTITUTION; AND AMENDING SECTION 10-1-205, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-1-205, MCA, is amended to read:
"10-1-205. Vacating commissions or warrants. The commission or warrant of an officer shall must be vacated:
(1) upon acceptance by the governor of the resignation of the officer; or
(2) by an order of the governor discharging the officer:
(a) for failure to maintain his the officer's qualifications for federal recognition;
(b) upon the scheduled or actual termination or withdrawal of his the officer's federal recognition where when federal recognition is a prerequisite for continued service;
(c) upon a change in federal reserve status which that makes him the officer ineligible to continue assigned for continued assignment to a unit of the organized militia;
(d) for his the officer's absence from duty without leave for more than 3 months; or
(e) upon the recommendation of a board of examination or the sentence of a court-martial;
(f) upon conviction of a felony; or
(g) upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101."
- END -
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