40.040. Civil offenses, delivery to civil authority for trial--offender also sentenced to court-martial to be returned to military, when. - Missouri Statutes

Civil offenses, delivery to civil authority for trial--offender alsosentenced to court-martial to be returned to military, when.

40.040. 1. Under such regulations as may be prescribedunder sections 40.005 to 40.490, a person subject to sections40.005 to 40.490 who is on active state duty who is accused of anoffense against civil authority may be delivered, upon request,to the civil authority for trial.

2. When delivery under this section is made to any civilauthority of a person undergoing sentence of a court-martial andthe delivery, if followed by conviction in a civil tribunal,interrupts the execution of the sentence of the court-martial,and the offender, after having answered to the civil authoritiesfor the offense, shall, upon the request of competent militaryauthority, be returned to military custody for the completion ofsuch sentence of the court-martial.

(L. 1984 H.B. 1035 § 14, A.L. 1986 H.B. 1505)