40.440. Property of person damaged or taken, board convened to investigate, procedure. - Missouri Statutes

Property of person damaged or taken, board convened to investigate,procedure.

40.440. 1. Whenever complaint is made to any commandingofficer that willful damage has been done to the property of anyperson or that the person's property has been wrongfully taken bymembers of the state military forces, the person may, subject tosuch regulations as the governor may prescribe, convene a boardto investigate the complaint. The board shall consist of fromone to three commissioned officers and, for the purpose of thatinvestigation, it has power to summon witnesses and examine themupon oath or affirmation, to receive depositions or otherdocumentary evidence, and to assess the damages sustained againstthe responsible parties. The assessment of damages made by theboard is subject to the approval of the commanding officer, andin the amount approved by the commanding officer shall be chargedagainst the pay of the offenders. The order of the commandingofficer directing charges herein authorized is conclusive, exceptas provided in subsection 3 of this section, on any disbursingofficer for the payment by him to the injured parties of thedamages so assessed and approved.

2. If the offenders cannot be ascertained, but theorganization or detachment to which they belong is known, chargestotaling the amount of damages assessed and approved may be paidto the injured parties from the funds of the units of the statemilitary forces to which the offenders belonged.

3. Any person subject to sections 40.005 to 40.490 who isaccused of causing willful damage to property has the right to berepresented by counsel, to summon witnesses in the person'sbehalf, and to cross-examine those appearing against him. Theaccused has the right of appeal to the next higher commander.

(L. 1984 H.B. 1035 § 126)