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Arizona Revised Statutes

The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 57th Legislature, 1st Regular Session, which convenes in January 2025.

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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.

Title 26 - Military Affairs and Emergency Management

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Chapter 1
EMERGENCY AND MILITARY AFFAIRS
Sec: 26-101-26-263
Article 1Emergency and Military Affairs
  • 26-101
  • Department of emergency and military affairs; organization; adjutant general; qualifications
  • 26-102
  • Powers and duties of the adjutant general
  • 26-103
  • Department of emergency and military affairs employees; fingerprints; exemptions; definition
  • 26-104
  • Assistant adjutants general; appointment; qualifications
  • 26-105
  • Border security fund; exemption; reimbursement
  • 26-106
  • Anti-human trafficking grant fund
  • 26-107
  • Hazard mitigation revolving fund
Article 2Militia
  • 26-121
  • Composition of militia; persons exempt
  • 26-123
  • Maintenance of private troops prohibited; violation; classification
  • 26-124
  • Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees
  • 26-125
  • Procedure to claim exemption from service; duty of county recorder; review by adjutant general
  • 26-126
  • Violations; classifications
Article 3National Guard
  • 26-151
  • Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard
  • 26-152
  • National guard fund; camp Navajo fund
  • 26-153
  • Morale, welfare and recreational fund; sources of monies; exemptions
  • 26-154
  • Organizational structure of national guard
  • 26-155
  • Enlistment; appointment of officers
  • 26-157
  • Officer's uniform allowances
  • 26-158
  • State active duty; employment benefits; travel allowances
  • 26-159
  • Powers of commanding officers; defense of officer to action based on act or omission
  • 26-161
  • Retirement; retention of commission after withdrawal of federal recognition
  • 26-162
  • Discharge of officer; grounds and procedure
  • 26-163
  • Discharge of enlisted personnel; grounds; type of discharge
  • 26-166
  • Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty
  • 26-167
  • Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification
  • 26-168
  • Absence from employment for military duty; vacation and seniority rights; violation; classification; definition
  • 26-168.01
  • Excused military absences; higher education: definition
  • 26-169
  • Discrimination against uniformed national guard members by public businesses prohibited; violation; classification
  • 26-170
  • Unauthorized wearing of uniform; rank insignia; violation; classification
  • 26-171
  • National guard training; inspection by department of defense; camp or field duty ordered by governor
  • 26-172
  • Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
  • 26-173
  • Payment of mobilization expenses
  • 26-174
  • Arizona state guard; establishment; purpose; appropriations
  • 26-175
  • Active duty tours for volunteers during peace time
  • 26-176
  • Premiums on bonds of national guard officers
  • 26-177
  • Opinions of attorney general
  • 26-178
  • Illegal possession of equipment; classification
  • 26-179
  • Tuition and fees reimbursement; eligibility; exemption
  • 26-180
  • Application for tuition and fees reimbursement; times
  • 26-181
  • Evaluation of applications; payment of tuition and fees reimbursement; report
  • 26-182
  • National guard counterdrug and demand reduction activities; volunteers; drug enforcement support; assistance agreements
  • 26-183
  • National guard cyber-attack prevention, response and support activities; cyber response revolving fund; purpose; exemption
Article 4Military Law
  • 26-203
  • Actions or proceedings against members of military courts prohibited
  • 26-204
  • Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction
  • 26-205
  • Duty of civil officers to execute process of military court
  • 26-206
  • Charges against members of militia; service of charges and specifications; abatement of action
  • 26-207
  • Attendance of accused at trial; order to compel attendance; service; trial in absence of accused; apprehension and imprisonment of accused; limitation
  • 26-208
  • Time and place of confinement; payment of fine and disposition
  • 26-209
  • Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification
Article 5Acquisition and Care of Military Property
  • 26-231
  • Acquisition of property by national guard; surplus property of municipalities; acquisition by eminent domain; purchase; rent or lease; armory property fund
  • 26-233
  • Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property
  • 26-234
  • Property and disbursing officer; appointment; duties
Article 6Acquisition of Lands by United States for Military Purposes
  • 26-251
  • Acquisition of lands by United States for military purposes
  • 26-252
  • Exclusive jurisdiction of United States over lands acquired for military purposes; termination of jurisdiction
  • 26-253
  • Power of state to serve process upon land ceded United States for military purposes
Article 7Military Affairs Commission
  • 26-261
  • Military affairs commission; confidential discussions and information; definition
  • 26-262
  • Military installation fund; rules; application review; award and use of monies; reporting requirements; definitions
  • 26-263
  • Appropriations; purposes; exemption
Chapter 2
EMERGENCY MANAGEMENT
Sec: 26-301-26-321
Article 1General Provisions
  • 26-302
  • General powers of governor
  • 26-303
  • Emergency powers of governor; termination; authorization for adjutant general; limitation; extension; report; notices; appeals
  • 26-304
  • State emergency council; membership; powers and duties; definition
  • 26-305
  • Division of emergency management; duties; director; term; qualifications; compensation; emergency management training revolving fund
  • 26-305.01
  • Nuclear emergency plan; duties of division and director
  • 26-305.03
  • Electromagnetic pulse preparedness recommendations; posting; definition
  • 26-306
  • Powers and duties of the director of emergency management
  • 26-306.01
  • Assessment on commercial nuclear generating stations
  • 26-306.02
  • Nuclear emergency management fund; exemption; appropriation reduction
  • 26-307
  • Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure
  • 26-308
  • Powers of local government; local emergency management establishment; organization
  • 26-309
  • Mutual aid; responsibilities of agencies and officials; agreements; definition
  • 26-310
  • Use of professional skills
  • 26-311
  • Local emergencies; declaration by mayor or chairman of the board; power of political subdivisions; state agency assistance
  • 26-312
  • Authority of executive officers and governing bodies to accept materials or funds
  • 26-313
  • Reimbursement to state agencies; use of state agency resources
  • 26-314
  • Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions
  • 26-315
  • Political activities prohibited
  • 26-316
  • Enforcement of orders, rules and regulations
  • 26-317
  • Violation; classification
  • 26-318
  • Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form
  • 26-319
  • Commercial nuclear generating station; emergency planning zone; recording
  • 26-320
  • First informer broadcasters; training and certification; access; definitions
  • 26-321
  • State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions; definitions
Chapter 3
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Sec: 26-401-26-404
Article 1General Provisions
  • 26-403
  • Emergency management assistance compact and Arizona mutual aid compact revolving fund; purpose; exemption; definitions
  • 26-404
  • Deployment of private sector workers to affected states; liability protection; definition
Chapter 9
ARIZONA CODE OF MILITARY JUSTICE
Sec: 26-1001-26-1140
Article 1General Provisions
  • 26-1002
  • Persons subject to the code
  • 26-1003
  • Jurisdiction to try personnel
  • 26-1004
  • Dismissed officer's right to trial by court-martial
  • 26-1006
  • State judge advocate; staff judge advocates
Article 2Apprehension and Restraint
  • 26-1010
  • Restraint of persons charged with offenses
  • 26-1011
  • Receiving of prisoners at civilian correction facility; statement
  • 26-1013
  • Punishment before trial; prohibition
  • 26-1014
  • Delivery of offenders to civil authorities
Article 3Nonjudicial Punishment
  • 26-1015
  • Commanding officer; nonjudicial punishments; appeal
Article 4Court-Martial Jurisdiction
  • 26-1016
  • Courts-martial; classifications
  • 26-1017
  • Jurisdiction of courts-martial; in general
  • 26-1018
  • Jurisdiction of general courts-martial
  • 26-1019
  • Jurisdiction of special courts-martial
  • 26-1020
  • Jurisdiction of summary courts-martial
  • 26-1021
  • Jurisdiction of courts-martial not exclusive
Article 5Composition of Courts-Martial
  • 26-1022
  • Convening of general courts-martial
  • 26-1023
  • Convening of special courts-martial
  • 26-1024
  • Convening of summary courts-martial
  • 26-1026
  • Military judge of a general or special court-martial
  • 26-1027
  • Detail of trial counsel and defense counsel
  • 26-1028
  • Detail or employment of reporters and interpreters
  • 26-1029
  • Absent and additional members
Article 6Pretrial Procedure
  • 26-1031
  • Compulsory self-incrimination; prohibition
  • 26-1034
  • Advice of staff judge advocate; reference for trial
Article 7Trial Procedure
  • 26-1036
  • Governor's rule making authority
  • 26-1037
  • Unlawfully influencing action of court
  • 26-1038
  • Duties of trial counsel and defense counsel
  • 26-1046
  • Opportunity to obtain witnesses and other evidence
  • 26-1047
  • Refusal to appear or testify
  • 26-1050
  • Admissibility of records of courts of inquiry
Article 8Sentences
  • 26-1055
  • Sentences; reduction in enlisted grade on approval
  • 26-1057
  • Effective date of sentences
Article 9Post-Trial Procedure and Review of Courts-Martial
  • 26-1059
  • Error of law; lesser included offense
  • 26-1060
  • Action by the convening authority
  • 26-1067
  • Court of military appeals; members; terms; compensation; duties; review; procedures
  • 26-1070
  • Appellate counsel; civilian counsel
  • 26-1076
  • Finality of proceedings, findings and sentences
Article 10Offenses
  • 26-1079
  • Conviction of lesser included offense
  • 26-1083
  • Fraudulent enlistment, appointment or separation
  • 26-1084
  • Unlawful enlistment, appointment or separation
  • 26-1089
  • Disrespect toward superior commissioned officer
  • 26-1090
  • Assaulting or willfully disobeying superior commissioned officer
  • 26-1091
  • Insubordinate conduct toward warrant officer or noncommissioned officer
  • 26-1092
  • Failure to obey order or rule
  • 26-1095
  • Resistance, breach of arrest and escape
  • 26-1096
  • Releasing prisoner without proper authority
  • 26-1098
  • Noncompliance with procedural rules
  • 26-1099
  • Misbehavior in time of public danger; definition
  • 26-1103
  • Captured or abandoned property
  • 26-1108
  • Military property; loss, damage, destruction or wrongful disposition
  • 26-1109
  • Property other than military property; waste, spoilage or destruction
  • 26-1110
  • Improper hazarding of vessel or aircraft
  • 26-1111
  • Drunken or reckless driving
  • 26-1113
  • Misbehavior of sentinel or lookout
  • 26-1117
  • Provoking speeches or gestures
  • 26-1118
  • Wrongful use and possession of controlled substances
  • 26-1121
  • Larceny and wrongful appropriation
  • 26-1124
  • Making, drawing or uttering check, draft or order without sufficient monies; definition
  • 26-1132
  • Frauds against the United States
  • 26-1133
  • Conduct unbecoming an officer and a gentleman
Article 11Miscellaneous Provisions
  • 26-1139
  • Redress of injuries to property