title: RCW 38.38.396

text:
(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
(2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under RCW 38.38.784 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(3) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under RCW 38.38.132 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under RCW 38.38.132.
(4) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
(5) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:
(a) Has expired; or
(b) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications[,]
[then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met.
(6) The conditions referred to in subsection (5) of this section are that the new charges and specifications must:
(a) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and
(b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
[ 2009 c 378 s 19; 1989 c 48 s 42; 1963 c 220 s 45.]

catchline: [Art. 43] Statute of limitations.


doc_type: statute

jurisdiction: wa

title: RCW 38.38.400

text:
(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.
(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
[ 1989 c 48 s 43; 1963 c 220 s 46.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: [Art. 44] Former jeopardy.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 38.38.404

text:
(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
[ 1991 c 43 s 7; 1989 c 48 s 44; 1963 c 220 s 47.]

catchline: [Art. 45] Pleas of the accused.


title: RCW 38.38.408

text:
(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.
(2) The president of a special court-martial, military judge, military magistrate, or a summary court officer may:
(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b) Issue subpoenas duces tecum and other subpoenas;
(c) Enforce by attachment the attendance of witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
(3) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
[ 2009 c 378 s 20; 1989 c 48 s 45; 1963 c 220 s 48.]

catchline: [Art. 46] Opportunity to obtain witnesses and other evidence.


title: RCW 38.38.412

text:
(1) Any person not subject to this code who:
(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior court of the state; and
(c) 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;
is guilty of an offense against the state.
(2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.
(3) The prosecuting attorney in any such court, upon the certification of the facts by the military court, commission, court of inquiry, or board, shall prosecute any person violating this section.
[ 2009 c 378 s 21; 1989 c 48 s 46; 1963 c 220 s 49.]

catchline: [Art. 47] Refusal to appear or testify—Penalty.


title: RCW 38.38.416

text:
A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
[ 1963 c 220 s 50.]

catchline: [Art. 48] Contempts.


title: RCW 38.38.420

text:
(1) At any time after charges have been signed, as provided in RCW 38.38.308, any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing;
(b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(c) That the present whereabouts of the witness is unknown.
[ 1989 c 48 s 47; 1963 c 220 s 51.]

catchline: [Art. 49] Depositions.


title: RCW 38.38.424

text:
(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3) Such testimony may also be read in evidence before a court of inquiry or a military board.
[ 1963 c 220 s 52.]

catchline: [Art. 50] Admissibility of records of courts of inquiry.


title: RCW 38.38.428

text:
(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(2) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change a ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a vote as provided in RCW 38.38.432, beginning with the junior in rank.
(3) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:
(a) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;
(c) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
[ 1989 c 48 s 48; 1963 c 220 s 53.]

catchline: [Art. 51] Voting, rulings, instructions.


title: RCW 38.38.432

text:
(1) No person may be convicted of an offense, except as provided in RCW 38.38.404(2) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty, or to reconsider a sentence with a view towards decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
[ 1989 c 48 s 49; 1963 c 220 s 54.]

catchline: [Art. 52] Number of votes required.


title: RCW 38.38.436

text:
A court-martial shall announce its findings and sentence to the parties as soon as determined.
[ 1963 c 220 s 55.]

catchline: [Art. 53] Court to announce action.


title: RCW 38.38.440

text:
(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(2) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the governor may prescribe.
(3)(a) A complete record of the proceedings and testimony shall be prepared:
(i) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge, or, if the sentence adjudged does not include a discharge, any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and
(ii) In each special court-martial case in which the sentence adjudged includes a dishonorable discharge.
(b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the governor.
(4) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
[ 1989 c 48 s 50; 1963 c 220 s 56.]

catchline: [Art. 54] Record of trial.


title: RCW 38.38.480

text:
Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
[ 1963 c 220 s 57.]

catchline: [Art. 55] Cruel and unusual punishments prohibited.


title: RCW 38.38.484

text:
(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.
(2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable discharge reduces that member to pay grade E-1, effective on the date of that approval.
(3) If the sentence of a member who is reduced in pay grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and privileges of which the member was deprived because of that reduction shall be restored and the member is entitled to the pay and allowances to which the member would have been entitled for the period the reduction was in effect, had he or she not been so reduced.
[ 1989 c 48 s 51; 1963 c 220 s 58.]

catchline: [Art. 56] Maximum limits—Reduction in pay grade.


title: RCW 38.38.488

text:
(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under RCW 38.38.536.
(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is ordered to be executed by the convening authority, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.
(3) All other sentences of courts-martial are effective on the date ordered executed.
(4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
[ 1989 c 48 s 52; 1963 c 220 s 59.]

catchline: [Art. 57] Effective date of sentences.


title: RCW 38.38.492

text:
(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.
(2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(3) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under RCW 38.38.080, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
[ 1989 c 48 s 53; 1963 c 220 s 60.]

catchline: [Art. 58] Execution of confinement.


title: RCW 38.38.532

text:
Except as provided in RCW 38.38.196 and 38.38.556, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.
[ 1989 c 48 s 54; 1963 c 220 s 61.]

catchline: [Art. 59] Execution of sentence—Suspension of sentence.


title: RCW 38.38.536

text:
After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the governor.
[ 1963 c 220 s 62.]

catchline: [Art. 60] Initial action on the record.


title: RCW 38.38.540

text:
The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
[ 1989 c 48 s 55; 1963 c 220 s 63.]

catchline: [Art. 61] Initial action on the record—General court-martial records.


title: RCW 38.38.544

text:
(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
[ 1963 c 220 s 64.]

catchline: [Art. 62] Reconsideration and revision.


title: RCW 38.38.548

text:
(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
(2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
[ 2011 c 336 s 770; 1963 c 220 s 65.]

catchline: [Art. 63] Rehearings.


title: RCW 38.38.552

text:
In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.
[ 2011 c 336 s 771; 1963 c 220 s 66.]

catchline: [Art. 64] Approval by the convening authority.


title: RCW 38.38.556

text:
(1) If the convening authority is the governor, the governor's action on the review of any record of trial is final.
(2) In all other cases not covered by subsection (1) of this section, if the sentence of a special court-martial as approved by the convening authority includes a dishonorable discharge, whether or not suspended, the entire record shall be sent to the appropriate staff judge advocate of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate shall then be sent to the state judge advocate for review.
(3) All other special and summary court-martial records shall be sent to the judge advocate of the appropriate force of the organized militia and shall be acted upon, transmitted, and disposed of as may be prescribed by regulations of the governor.
(4) The state judge advocate shall review the record of trial in each case sent for review as provided under subsection (2) of this section. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate is limited to questions of jurisdiction.
(5) The state judge advocate shall take final action in any case reviewable by the state judge advocate.
(6) In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. The state judge advocate may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the state judge advocate finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the state judge advocate may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate sets aside the findings and sentence, the state judge advocate may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the state judge advocate sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.
(7) In a case reviewable by the state judge advocate under this section, the state judge advocate shall instruct the convening authority to act in accordance with the state judge advocate's decision on the review. If the state judge advocate has ordered a rehearing but the convening authority finds a rehearing impracticable, the state judge advocate may dismiss the charges.
(8) The state judge advocate may order one or more boards of review each composed of not less than three commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state. Each board of review shall review the record of any trial by special court-martial, including a sentence to a dishonorable discharge, referred to it by the state judge advocate. Boards of review have the same authority on review as the state judge advocate has under this section.
[ 2011 c 336 s 772; 1989 c 48 s 56; 1963 c 220 s 67.]

catchline: [Art. 65] Review of records—Disposition.


title: RCW 38.38.560

text:
(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
[ 1963 c 220 s 68.]

catchline: [Art. 66] Error of law—Lesser included offense.


title: RCW 38.38.564

text:
(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.
(2) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the organized militia and who has the qualifications prescribed in RCW 38.38.260, if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate, in the review of cases specified in subsection (1) of this section.
(3) If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.
[ 1991 c 43 s 8; 1989 c 48 s 57; 1963 c 220 s 69.]

catchline: [Art. 67] Review counsel.


title: RCW 38.38.568

text:
(1) Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if the probationer so desires.
(2) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (1) of this section. If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
[ 1989 c 48 s 58; 1963 c 220 s 70.]

catchline: [Art. 68] Vacation of suspension.


title: RCW 38.38.572

text:
At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
[ 1989 c 48 s 59; 1963 c 220 s 71.]

catchline: [Art. 69] Petition for a new trial.


title: RCW 38.38.576

text:
(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
[ 1963 c 220 s 72.]

catchline: [Art. 70] Remission and suspension.


title: RCW 38.38.580

text:
(1) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing.
(2) If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.
(3) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
[ 2011 c 336 s 773; 1989 c 48 s 60; 1963 c 220 s 73.]

catchline: [Art. 71] Restoration.


title: RCW 38.38.584

text:
The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in RCW 38.38.572.
[ 1963 c 220 s 74.]

catchline: [Art. 72] Finality of proceedings, findings and sentences.


title: RCW 38.38.624

text:
No person may be tried or punished for any offense provided for in RCW 38.38.628 through 38.38.800, unless he or she was a member of the organized militia at the time of the offense.
[ 2009 c 378 s 22; 1963 c 220 s 75.]

catchline: [Art. 76] Persons to be tried or punished.


title: RCW 38.38.628

text:
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed by him or her would be punishable by this code;
is a principal.
[ 2011 c 336 s 774; 1963 c 220 s 76.]

catchline: [Art. 77] Principals.


title: RCW 38.38.632

text:
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.
[ 2011 c 336 s 775; 1963 c 220 s 77.]

catchline: [Art. 78] Accessory after the fact.


title: RCW 38.38.636

text:
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
[ 1963 c 220 s 78.]

catchline: [Art. 79] Conviction of lesser included offense.


title: RCW 38.38.640

text:
(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.
(2) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(3) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
[ 1963 c 220 s 79.]

catchline: [Art. 80] Attempts.


title: RCW 38.38.644

text:
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
[ 1963 c 220 s 80.]

catchline: [Art. 81] Conspiracy.


title: RCW 38.38.648

text:
(1) Any person subject to this code who solicits or advises another or others to desert in violation of RCW 38.38.660 or mutiny in violation of RCW 38.38.696 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he or she shall be punished as a court-martial may direct.
(2) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of RCW 38.38.716 or sedition in violation of RCW 38.38.696 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he or she shall be punished as a court-martial may direct.
[ 2011 c 336 s 776; 1963 c 220 s 81.]

catchline: [Art. 82] Solicitation.


title: RCW 38.38.652

text:
Any person who:
(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to eligibility for that separation;
shall be punished as a court-martial may direct.
[ 1989 c 48 s 61; 1963 c 220 s 82.]

catchline: [Art. 83] Fraudulent enlistment, appointment, or separation.


title: RCW 38.38.656

text:
Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
[ 1989 c 48 s 62; 1963 c 220 s 83.]

catchline: [Art. 84] Unlawful enlistment, appointment, or separation.


title: RCW 38.38.660

text:
(1) Any member of the organized militia who:
(a) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently;
(b) Quits the member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the organized militia enlists or accepts an appointment in the same or another one of the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated;
is guilty of desertion.
(2) Any commissioned officer of the organized militia who, after tender of a resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
[ 1989 c 48 s 63; 1963 c 220 s 84.]

catchline: [Art. 85] Desertion.


title: RCW 38.38.664

text:
Any person subject to this code who, without authority:
(1) Fails to go to his or her appointed place of duty at the time prescribed;
(2) Goes from that place; or
(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed;
shall be punished as a court-martial may direct.
[ 2011 c 336 s 777; 1963 c 220 s 85.]

catchline: [Art. 86] Absence without leave.


title: RCW 38.38.668

text:
Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
[ 2011 c 336 s 778; 1963 c 220 s 86.]

catchline: [Art. 87] Missing movement.


title: RCW 38.38.672

text:
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct.
[ 1963 c 220 s 87.]

catchline: [Art. 88] Contempt towards officials.


title: RCW 38.38.676

text:
Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.
[ 2011 c 336 s 779; 1963 c 220 s 88.]

catchline: [Art. 89] Disrespect towards superior commissioned officer.


title: RCW 38.38.680

text:
Any person subject to this code who:
(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or
(2) Willfully disobeys a lawful command of his or her superior commissioned officer;
shall be punished as a court-martial may direct.
[ 2011 c 336 s 780; 1963 c 220 s 89.]

catchline: [Art. 90] Assaulting or willfully disobeying superior commissioned officer.


title: RCW 38.38.684

text:
Any warrant officer or enlisted member who:
(1) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's office;
(2) Wilfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of the officer's office;
shall be punished as a court-martial may direct.
[ 1989 c 48 s 64; 1963 c 220 s 90.]

catchline: [Art. 91] Insubordinate conduct toward warrant officer or noncommissioned officer.


title: RCW 38.38.688

text:
Any person subject to this code who:
(1) Violates or fails to obey any lawful general order or regulation;
(2) Having knowledge of any other lawful order issued by a member of the organized militia which it is the person's duty to obey, fails to obey the order; or
(3) Is derelict in the performance of the person's duties;
shall be punished as a court-martial may direct.
[ 1989 c 48 s 65; 1963 c 220 s 91.]

catchline: [Art. 92] Failure to obey order or regulation.


title: RCW 38.38.692

text:
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
[ 2011 c 336 s 781; 1963 c 220 s 92.]

catchline: [Art. 93] Cruelty and maltreatment.


title: RCW 38.38.696

text:
(1) Any person subject to this code who:
(a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny;
(b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
[ 2011 c 336 s 782; 1963 c 220 s 93.]

catchline: [Art. 94] Mutiny or sedition.


title: RCW 38.38.700

text:
Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
[ 1963 c 220 s 94.]

catchline: [Art. 95] Resistance, breach of arrest, and escape.


title: RCW 38.38.704

text:
Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
[ 2011 c 336 s 783; 1963 c 220 s 95.]

catchline: [Art. 96] Releasing prisoner without proper authority.


title: RCW 38.38.708

text:
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
[ 1963 c 220 s 96.]

catchline: [Art. 97] Unlawful detention of another.


title: RCW 38.38.712

text:
Any person subject to this code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;
shall be punished as a court-martial may direct.
[ 1963 c 220 s 97.]

catchline: [Art. 98] Noncompliance with procedural rules.


title: RCW 38.38.716

text:
Any person subject to this code who before or in the presence of the enemy:
(1) Runs away;
(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend;
(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) Casts away arms or ammunition;
(5) Is guilty of cowardly conduct;
(6) Quits a place of duty to plunder or pillage;
(7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia;
(8) Wilfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is the person's duty so to encounter, engage, capture, or destroy; or
(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle;
shall be punished as a court-martial may direct.
[ 1989 c 48 s 66; 1963 c 220 s 98.]

catchline: [Art. 99] Misbehavior before the enemy.


title: RCW 38.38.720

text:
Any person subject to this code who compels or attempts to compel the commander of any of the organized militia of the state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
[ 1989 c 48 s 67; 1963 c 220 s 99.]

catchline: [Art. 100] Subordinate compelling surrender.


title: RCW 38.38.724

text:
Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.
[ 2011 c 336 s 784; 1963 c 220 s 100.]

catchline: [Art. 101] Improper use of countersign.


title: RCW 38.38.728

text:
Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
[ 1963 c 220 s 101.]

catchline: [Art. 102] Forcing a safeguard.


title: RCW 38.38.732

text:
(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(2) Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection (1) of this section;
(b) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or
(c) Engages in looting or pillaging;
shall be punished as a court-martial may direct.
[ 2011 c 336 s 785; 1963 c 220 s 102.]

catchline: [Art. 103] Captured or abandoned property.


title: RCW 38.38.736

text:
Any person subject to this code who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall be punished as a court-martial may direct.
[ 1963 c 220 s 103.]

catchline: [Art. 104] Aiding the enemy.


title: RCW 38.38.740

text:
Any person subject to this code who, while in the hands of the enemy in time of war:
(1) For the purpose of securing favorable treatment by his or her captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) While in a position of authority over such persons maltreats them without justifiable cause;
shall be punished as a court-martial may direct.
[ 2011 c 336 s 786; 1963 c 220 s 104.]

catchline: [Art. 105] Misconduct of a prisoner.


title: RCW 38.38.744

text:
Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
[ 1963 c 220 s 105.]

catchline: [Art. 107] False official statements.


title: RCW 38.38.748

text:
Any person subject to this code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) Wilfully or through neglect damages, destroys, or loses; or
(3) Wilfully or through neglect suffers to be damaged, destroyed, sold or wrongfully disposed of;
any military property of the United States or of the state shall be punished as a court-martial may direct.
[ 1963 c 220 s 106.]

catchline: [Art. 108] Military property—Loss, damage, destruction, or wrongful disposition.


title: RCW 38.38.752

text:
Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
[ 2009 c 378 s 23; 1963 c 220 s 107.]

catchline: [Art. 109] Property other than military property—Waste, spoilage, or destruction.


title: RCW 38.38.756

text:
(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct.
(2) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct.
[ 1989 c 48 s 68; 1963 c 220 s 108.]

catchline: [Art. 110] Improper hazarding of vessel.


title: RCW 38.38.760

text:
(1) Any person subject to this code who:
(a) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in RCW 38.38.762; or
(b) Operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (2) of this section; or
(c) Operates or is in actual physical control of any vehicle, aircraft, or vessel in a reckless or wanton manner
shall be punished as a court-martial may direct.
(2) For purposes of subsection (1) of this section, the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per two hundred ten liters of breath, as shown by chemical analysis.
(3) For purposes of this section, "blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.
[ 2009 c 378 s 24; 1963 c 220 s 109.]

catchline: [Art. 111] Reckless or impaired operation of a vehicle, aircraft, or vessel.


title: RCW 38.38.762

text:
(1) Any person subject to this code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces or organized militia a substance described in subsection (2) of this section shall be punished as a court-martial may direct.
(2) The substances referred to in subsection (1) of this section are the following:
(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and cannabis and any compound or derivative of any such substance;
(b) Any substance not specified in (a) of this subsection that is listed on a schedule of controlled substances prohibited by the United States army; or
(c) Any other substance not specified in this subsection that is listed in Schedules I through V of section 202 of the federal controlled substances act, 21 U.S.C. Sec. 812, as amended.
(3) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 27; 2009 c 378 s 25.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: [Art. 112a] Use, possession, or distribution of controlled substances.


title: RCW 38.38.764

text:
Any person subject to this code who is found drunk on duty or sleeping upon his or her post, or who leaves his or her post before he or she is regularly relieved, shall be punished as a court-martial may direct.
[ 2011 c 336 s 787; 1963 c 220 s 110.]

catchline: [Art. 112] Drunk on duty—Sleeping on post—Leaving post before relief.


title: RCW 38.38.768

text:
Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
[ 1963 c 220 s 111.]

catchline: [Art. 114] Dueling.


title: RCW 38.38.772

text:
Any person subject to this code who for the purpose of avoiding work, duty or service in the organized militia:
(1) Feigns illness, physical disablement, mental lapse or derangement; or
(2) Intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
[ 1989 c 48 s 69; 1963 c 220 s 112.]

catchline: [Art. 115] Malingering.


title: RCW 38.38.776

text:
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
[ 1963 c 220 s 113.]

catchline: [Art. 116] Riot or breach of peace.


title: RCW 38.38.780

text:
Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.
[ 1963 c 220 s 114.]

catchline: [Art. 117] Provoking speeches or gestures.


title: RCW 38.38.782

text:
Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another member of the organized militia, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
[ 2009 c 378 s 26.]

catchline: [Art. 128] Assault upon another member of the organized militia.


title: RCW 38.38.783

text:
(1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:
(a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(2) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
[ 1963 c 220 s 117. Formerly RCW 38.38.792.]

catchline: [Art. 121] Larceny and wrongful appropriation.


title: RCW 38.38.784

text:
Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code wilfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
[ 1963 c 220 s 115.]

catchline: [Art. 131] Perjury.


title: RCW 38.38.788

text:
Any person subject to this code:
(1) Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the state, or any officer thereof; or
(b) Presents to any person in the civil or military service thereof, for approval or payment any claim against the United States, the state, or any officer thereof;
(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:
(a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
(3) Who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or
(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state;
shall, upon conviction, be punished as a court-martial may direct.
[ 1989 c 48 s 70; 1963 c 220 s 116.]

catchline: [Art. 132] Frauds against the government.


title: RCW 38.38.796

text:
Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
[ 1963 c 220 s 118.]

catchline: [Art. 133] Conduct unbecoming an officer and a gentleman.


title: RCW 38.38.800

text:
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault in the first degree, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.
[ 2009 c 378 s 27; 1989 c 48 s 71; 1963 c 220 s 119.]

catchline: [Art. 134] General article.


title: RCW 38.38.840

text:
(1) Courts of inquiry to investigate any matter may be convened by the governor, the adjutant general, or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry: PROVIDED, That upon the request of the officer involved such an inquiry shall be instituted as hereinabove set forth.
(2) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the state military department, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
[ 2009 c 378 s 28; 1989 c 48 s 72; 1963 c 220 s 120.]

catchline: [Art. 135] Courts of inquiry.


title: RCW 38.38.844

text:
(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:
(a) The state judge advocate and all assistant state judge advocates;
(b) All law specialists or paralegals;
(c) All summary courts-martial;
(d) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(e) The military judge, president, trial counsel, and assistant trial counsel for all general and special courts-martial;
(f) The president and the counsel for the court of any court of inquiry;
(g) All officers designated to take a deposition;
(h) All commanding officers of units of the organized militia;
(i) All officers of the organized militia designated as recruiting officers;
(j) All persons detailed to conduct an investigation; and
(k) All other persons designated by regulations of the adjutant general.
(2) The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.
[ 2009 c 378 s 29; 1989 c 48 s 73; 1963 c 220 s 121.]

catchline: [Art. 136] Authority to administer oaths.


title: RCW 38.38.848

text:
(1) RCW 38.38.008, 38.38.012, 38.38.064 through 38.38.132, 38.38.252, 38.38.260, 38.38.372, 38.38.480, 38.38.624 through * 38.38.792, and 38.38.848 through 38.38.860 shall be carefully explained to every enlisted member:
(a) At the time of the member's enlistment or transfer or induction;
(b) At the time of the member's order to duty in or with any of the organized militia; or
(c) Within forty days thereafter.
(2) These sections shall also be explained again to each member of the organized militia each time a member of the organized militia reenlists or extends his or her enlistment.
(3) A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the organized militia, upon request, for personal examination.
[ 2009 c 378 s 30; 1989 c 48 s 74; 1963 c 220 s 122.]
Notes:
*Reviser's note: RCW 38.38.792 was recodified as RCW 38.38.783 by the code reviser September 2009.

catchline: [Art. 137] Sections to be explained.


title: RCW 38.38.852

text:
Members of the organized militia who believe themselves wronged by their commanding officer, and who, upon due application to that commanding officer, are refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general. The governor or adjutant general shall examine the complaint and take proper measures for redressing the wrong complained of.
[ 1989 c 48 s 75; 1963 c 220 s 123.]

catchline: [Art. 138] Complaints of wrongs.


title: RCW 38.38.856

text:
(1) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, the commanding officer may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3) of this section, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved.
(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the organized militia to which the offenders belonged.
(3) Any person subject to this code who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him or her. The person has the right of appeal to the next higher commander.
[ 1989 c 48 s 76; 1963 c 220 s 124.]

catchline: [Art. 139] Redress of injuries to property.


title: RCW 38.38.860

text:
In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
[ 1989 c 48 s 77; 1963 c 220 s 125.]

catchline: [Art. 140] Execution of process and sentence.


title: RCW 38.38.864

text:
(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located.
(2) Process and mandates may be issued by summary courts-martial, or the military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(3) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
[ 1989 c 48 s 78; 1963 c 220 s 126.]

catchline: [Art. 141] Process of military courts.


title: RCW 38.38.868

text:
Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due the person, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine. Notwithstanding any other law, the officer collecting a fine or penalty imposed by a military court upon an officer or enlisted person shall pay it within thirty days to the state treasurer. Such a fine becomes a part of, is credited to, and may be spent from, the military fund of the organization or detachment to which the officer or enlisted person who paid the fine belonged. The treasurer of the state shall then report the amount thereof designating the organization or detachment to which it belongs, to the adjutant general of the state, and shall pay it over to the organization or detachment on request of its commanding officer.
[ 1989 c 48 s 79; 1963 c 220 s 127.]

catchline: [Art. 142] Payment of fines and disposition thereof.


title: RCW 38.38.872

text:
No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
[ 1963 c 220 s 128.]

catchline: [Art. 143] Immunity for action of military courts.


title: RCW 38.38.876

text:
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
[ 1963 c 220 s 129.]

catchline: [Art. 144] Presumption of jurisdiction.


title: RCW 38.38.880

text:
The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any such authority, except the power given him or her by RCW 38.38.192 and 38.38.240.
[ 2011 c 336 s 788; 1963 c 220 s 130.]

catchline: [Art. 145] Delegation of authority by the governor.


title: RCW 38.38.884

text:
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and, so far as practical, to make that law uniform with the law of the United States.
[ 1963 c 220 s 131.]

catchline: [Art. 146] Uniformity of interpretation.


title: RCW 38.38.888

text:
This chapter may be cited as the "Washington code of military justice."
[ 1963 c 220 s 132.]

catchline: [Art. 147] Short title.


title: RCW 38.40.010

text:
Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally for any act or acts done by them while on such duty nor shall any action lie against any officer or enlisted person for any acts done by the officer or enlisted person in line of duty by virtue of any order which may thereafter be held invalid by any civil court. When a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the militia for any act done by such officer or enlisted person in his or her official capacity or in the discharge of any duty, or against any person acting under the authority or order of such officer or by virtue of any warrant issued pursuant to law, the defendant may require the person prosecuting or instituting the proceeding to give security for the payment of all costs that may be awarded to the defendant, and the defendant in all cases may make a general denial and, under such general denial, give all other or any special defense matter in evidence. In case the plaintiff shall be nonsuited or the verdict or judgment be in favor of the defendant, treble costs shall be assessed against the plaintiff. The defendant in such action shall be defended by the attorney general at the expense of the state, but private counsel may also be employed by the defendant. The venue of all such actions shall be Thurston county and the state of Washington shall be in all cases a necessary party defendant.
[ 1989 c 19 s 45; 1943 c 130 s 13; Rem. Supp. 1943 s 8603-13. Cf. 1909 c 134 s 25, part; 1895 c 108 s 173, part.]

catchline: Liability of officers and enlisted persons on duty.


title: RCW 38.40.020

text:
The commanding officer of any of the military forces of the state of Washington engaged under the order of proper authority in the suppression of insurrection, the dispersion of a mob, the protection of life or property, or the enforcement of the laws, shall exercise discretion as to the propriety of the means to be used in controlling or dispersing of any mob or other unlawful assembly and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or criminal action for any act done in line of duty.
[ 1989 c 19 s 46; 1943 c 130 s 14; Rem. Supp. 1943 s 8603-14. Cf. 1909 c 134 s 25, part; 1895 c 108 s 173, part.]

catchline: Not liable for exercise of judgment.


title: RCW 38.40.025

text:
Neither the state of Washington, its officers, employees, or agents, nor any member of the militia may be held liable in any civil action for damages arising out of any of the activities of the military forces of the state of Washington while engaged in activities during which the officers, employees, agents, or members are considered employees of the federal government under the federal tort claims act, *26 U.S.C. Sec. 2671 et seq.
[ 1987 c 26 s 2.]
Notes:
*Reviser's note: The reference to 26 U.S.C. appears to be incorrect. Reference to 28 U.S.C. was apparently intended.
Legislative declaration—1987 c 26: "The legislature recognizes that Congress has established comprehensive administrative programs to compensate members of the military forces for injuries they may incur while performing training for national defense." [ 1987 c 26 s 1.]
Severability—1987 c 26: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 26 s 3.]

catchline: Liability of state for federal activities.


title: RCW 38.40.030

text:
If any member of the organized militia is injured, incapacitated, or otherwise disabled while in active state service or inactive duty as a member of the organized militia, he or she shall receive from the state of Washington just and reasonable relief in the amount to be determined as provided in this section, including necessary medical care. If the member dies from disease contracted or injury received or is killed while in active state service or inactive duty under order of the governor, then the dependents of the deceased shall receive such compensation as may be allowed as provided in this section. If the United States or any agent thereof, in accordance with any federal statute or regulation, furnishes monetary assistance, benefits, or other temporary or permanent relief to militia members or to their dependents for injuries arising out of and occurring in the course of their activities as militia members, but not including Social Security benefits, then the amount of compensation which any militia member or his or her dependents are otherwise entitled to receive from the state of Washington as provided in this section shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the militia member or his or her dependents have received and will receive from the United States or any agent thereof as a result of his or her injury. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed by the adjutant general. The board has the same power to take evidence, administer oaths, issue subpoenas, compel witnesses to attend and testify and produce books and papers, and punish their failure to do so as is possessed by a general court-martial. The amount of compensation or benefits payable shall conform as nearly as possible to the general schedule of payments and awards provided under the workers' compensation law in effect in the state of Washington at the time the disability or death occurred. The findings of the board shall be reviewed by the adjutant general for final approval. The adjutant general may return the proceedings for revision or for the taking of further testimony. The action of the board when finally approved by the adjutant general is final and conclusive and constitutes the fixed award for the injury or loss and is a debt of the state of Washington.
[ 2019 c 147 s 1; 1989 c 19 s 47; 1987 c 185 s 5; 1984 c 198 s 5; 1943 c 130 s 40; Rem. Supp. 1943 s 8603-40. Prior: 1923 c 49 s 3; 1917 c 107 s 38; 1909 c 134 s 60; 1895 c 108 s 92.]
Notes:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Workers' compensation: Title 51 RCW.

catchline: Compensation for death or disability.


title: RCW 38.40.040

text:
A person, who either alone, or with another, wilfully deprives a member of the organized militia of Washington of his or her employment or prevents such member being employed, or obstructs or annoys said member or his or her employer in their trade, business or employment, because he or she is such member, or dissuades any person from enlisting in said organized militia by threat or injury to him or her in their employment, trade or business, in case he or she shall so enlist, shall be guilty of a gross misdemeanor and on conviction thereof shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment.
[ 1989 c 19 s 48; 1943 c 130 s 46; Rem. Supp. 1943 s 8603-46. Prior: 1917 c 107 s 41; 1909 c 134 s 67; 1895 c 108 s 104, part.]

catchline: Interference with employment—Penalty.


title: RCW 38.40.050

text:
No member of the organized militia of Washington shall be discharged by his or her employer by reason of the performance of any military duties upon which he or she may be ordered. When any member of the organized militia of Washington is ordered upon active state service or inactive duty which takes the member from his or her employment the member may apply upon the termination of such duty to be restored to his or her position and employment, and if the tour of duty shall have continued for a period not longer than three months, any employer or the officer or manager of any firm or corporation having authority to reemploy such member and failing to do so shall be guilty of a gross misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
[ 1989 c 19 s 49; 1943 c 130 s 48; Rem. Supp. 1943 s 8603-48. Prior: 1917 c 107 s 43; 1909 c 134 s 69; 1895 c 108 s 104, part.]

catchline: Discharge from employment—Penalty.


title: RCW 38.40.060

text:
(1) Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding twenty-one days during each year beginning October 1st and ending the following September 30th in order that the person may report for required military duty, training, or drills including those in the national guard under Title 10 U.S.C., Title 32 U.S.C., or state active status.
(2) Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay.
(3) During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay.
(4)(a) The officer or employee shall be charged military leave only for days that he or she is scheduled to work for the state or the county, city, or other political subdivision.
(b) If the officer or employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the officer or employee shall be charged military leave for only the first calendar day. If the officer or employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the officer or employee shall be charged military leave for each calendar day except the calendar day on which the shift ends.
[ 2018 c 99 s 1; 2010 c 91 s 1; 2008 c 71 s 5; 2001 c 71 s 1; 1991 c 25 s 1; 1989 c 19 s 50; 1957 c 236 s 1; 1939 c 113 s 1.]
Notes:
Effective date—2001 c 71: "This act takes effect October 1, 2001." [ 2001 c 71 s 2.]
Application—1991 c 25: "This act applies to all public employees and officers who reported for active duty or active training duty, under RCW 38.40.060, on or after August 2, 1990." [ 1991 c 25 s 2.]
Military family leave act: Chapter 49.77 RCW.

catchline: Military leave for public employees.


title: RCW 38.40.100

text:
Orders for duty may be oral or written. Officers and enlisted persons may be warned for duty as follows: Either by stating the substance of the order, or by reading the order to the person warned, or by delivering a copy of such order to such person, or by leaving a copy of such order at his or her last known place of abode or business, with some person of suitable age and discretion, or by sending a copy of such order or notice containing the substance thereof, to such person by mail, directed to his or her last known place of abode or business. Orders may be transmitted by telegraph or telephone. Such warning may be given by any officer or authorized enlisted person. The officer or enlisted person giving such warning shall, when required, make a return thereof, containing the names of persons warned and the time, place and manner of warning. Such returns shall be verified on oath and shall be prima facie evidence, on the trial of any person returned as a delinquent, of the facts therein stated.
[ 1989 c 19 s 51; 1943 c 130 s 53; Rem. Supp. 1943 s 8603-53. Prior: 1909 c 134 s 65; 1895 c 108 s 102.]

catchline: Notice for duty.


title: RCW 38.40.110

text:
No club, society, association, corporation, employer, or organization shall by any constitution, rule, bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any member of the organized militia of Washington because of his or her membership in said organized militia. Any person or persons, club, society, association, employer, corporation, or organization, violating or aiding, abetting, or assisting in the violation of any provision of this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred dollars and in addition thereto shall forfeit the right to do business for a period of thirty days. Any person who has been discriminated against in violation of this section shall have a civil cause of action for damages.
[ 1991 c 43 s 9; 1989 c 19 s 52; 1943 c 130 s 47; Rem. Supp. 1943 s 8603-47. Prior: 1917 c 107 s 42; 1909 c 134 s 68.]

catchline: Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.


title: RCW 38.40.120

text:
No organized body other than the recognized militia organizations of this state, armed forces of the United States, students of educational institutions where military science is a prescribed part of the course of instruction or bona fide veterans organizations shall associate themselves together as a military company or organize or parade in public with firearms: PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia of another state or armed forces of foreign countries. Any person participating in any such unauthorized organization shall be guilty of a misdemeanor.
[ 1989 c 19 s 53; 1943 c 130 s 54; Rem. Supp. 1943 s 8603-54. Prior: 1909 c 249 s 294; 1903 c 135 s 1.]

catchline: Authorized military organizations.


title: RCW 38.40.130

text:
The officers, or the officers and enlisted persons of any regiment, battalion, company or similar unit of the organized militia of Washington, or the officers and enlisted persons of any two or more companies or similar units of the organized militia of the state of Washington, located at the same station, are hereby authorized to organize themselves into a corporation for social purposes and for the purpose of holding, acquiring and disposing of such property, real and personal, as such military organizations may possess or acquire. Such corporations shall not be required to pay any filing or license fee to the state.
The dissolution or disbandment of any such unit as a military organization shall not in itself terminate the existence of the corporation, but the existence of the same may continue for the period limited in its articles of incorporation for the benefit of such corporation.
Upon the dissolution or disbandment of any such unit which shall not have incorporated, and which shall at the time of such dissolution or disbandment possess any funds or property, the title to such funds or property shall immediately vest in the state of Washington, and the adjutant general shall take possession thereof and dispose of the same to the best interest of the organized militia of Washington.
[ 1989 c 19 s 54; 1943 c 130 s 49; Rem. Supp. 1943 s 8603-49. Prior: 1923 c 49 s 4; 1917 c 107 s 44; 1915 c 19 s 1; 1909 c 134 s 71; 1895 c 108 ss 123, 124.]

catchline: Corporations may be formed.


title: RCW 38.40.150

text:
All property issued to organizations and members of the organized militia of Washington shall be and remain public property.
[ 1943 c 130 s 38; Rem. Supp. 1943 s 8603-38. Prior: 1917 c 107 s 33; 1909 c 134 s 51; 1895 c 108 s 78.]

catchline: Property to remain public property.


title: RCW 38.40.200

text:
The military department capital account is created in the state treasury. All receipts from the sale of state-owned military department property must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for military department capital projects. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the military department capital account to the state general fund.
[ 2025 c 424 s 1904; 2005 c 252 s 1.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.

catchline: Military department capital account.


title: RCW 38.40.210

text:
The military department rental and lease account is created in the state treasury. All receipts from the rental or lease of state-owned military department property must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for operating and maintenance costs of military property. During the 2023-2025 and 2025-2027 fiscal biennia, the legislature may direct the state treasurer to transfer money in the military department rental and lease account to the state general fund.
[ 2026 c 268 s 914; 2025 c 424 s 1905; 2005 c 252 s 2.]
Notes:
Effective date—2026 c 268: See note following RCW 28B.15.210.
Effective date—2025 c 424: See note following RCW 9.46.100.

catchline: Military department rental and lease account.


title: RCW 38.40.220

text:
The military department active state service account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal appropriations, or any other lawful source. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for claims and expenses for the organized militia called into active state service to perform duties under RCW 38.08.040 that are not paid under RCW 38.24.010 from nonappropriated funds, including but not limited to claims and expenses arising from anticipated planning, training, exercises, and other administrative duties that are not of an emergency nature. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the military department active state service account to the state general fund.
[ 2025 c 424 s 1906; 2008 c 44 s 1.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.

catchline: Military department active state service account.


title: RCW 38.40.230

text:
(1) Any state agency operating pursuant to this title is authorized to erect signs recognizing that Washington state is a purple heart state as designated in RCW 1.20.190. State agencies are authorized to accept gifts or donations to assist efforts related to Washington state being a purple heart state.
(2) The military department purple heart state account is created in the custody of the state treasurer. All receipts from gifts and donations received pursuant to this section must be deposited into the account. Expenditures from the account may only be used to erect signs or other activities that assist efforts related to Washington state being a purple heart state, as authorized under this section. Only the director of the military department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2021 c 213 s 3.]
Notes:
Findings—2021 c 213: See note following RCW 1.20.190.

catchline: Purple heart state—Signage—Account.


title: RCW 38.42.010

text:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter.
(2) "Business loan" means a loan or extension of credit granted to a business entity that: (a) Is owned and operated by a service member, in which the service member is either (i) a sole proprietor, or (ii) the owner of at least fifty percent of the entity; and (b) experiences a material reduction in revenue due to the service member's military service.
(3) "Dependent" means:
(a) The service member's spouse;
(b) The service member's minor child; or
(c) An individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief under this chapter.
(4) "Financial institution" means an institution as defined in RCW 30A.22.041.
(5) "Judgment" does not include temporary orders as issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation, creation of a temporary parenting plan, or entry of a temporary protective or restraining order.
(6) "Military service" means a service member:
(a) Under a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days; or
(b) Under a call to active service authorized by the governor under RCW 38.08.040 for a period of more than thirty consecutive days.
(7) "National guard" has the meaning in RCW 38.04.010.
(8) "Service member" means an active member of the United States armed forces, a member of a military reserve component, a member of the national guard who is either stationed in or a resident of Washington state, or a member of the United States public health service commissioned corps or national oceanic and atmospheric administration commissioned officer corps.
[ 2026 c 207 s 3; 2018 c 197 s 1; 2014 c 65 s 1; 2012 c 24 s 1; 2006 c 253 s 1; 2005 c 254 s 1.]
Notes:
Findings—2026 c 207: See note following RCW 41.04.010.

catchline: Definitions.


title: RCW 38.42.020

text:
(1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service.
(2) This chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a party. This chapter applies to civil asset forfeiture proceedings. This chapter does not apply to criminal proceedings.
(3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents.
[ 2025 c 306 s 14; 2014 c 65 s 2; 2005 c 254 s 2.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.

catchline: Applicability of chapter.


title: RCW 38.42.030

text:
(1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended.
(2) When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment decree.
[ 2005 c 254 s 3.]

catchline: Protection of persons secondarily liable.


title: RCW 38.42.040

text:
(1) A service member may waive any of the rights and protections provided by this chapter. In the case of a waiver that permits an action described in subsection (2) of this section, the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the service member's period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the service member is not party to that instrument, the service member concerned.
(2) The requirement in subsection (1) of this section for a written waiver applies to the following: (a) The modification, termination, or cancellation of a contract, lease, or bailment; or an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage; and (b) the repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or was purchased or received under a contract, lease, or bailment.
[ 2005 c 254 s 4.]

catchline: Waiver of rights pursuant to written agreement.