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§ 13A-405. Jurisdiction of summary courts-martial

West's Annotated Code of MarylandPublic SafetyEffective: April 11, 2023

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 4. Court-Martial Jurisdiction (Refs & Annos)
Effective: April 11, 2023
MD Code, Public Safety, § 13A-405
§ 13A-405. Jurisdiction of summary courts-martial
Currentness
In general
(a) Subject to § 13A-402 of this subtitle, summary courts-martial have jurisdiction to try persons subject to this title, except officers, cadets, and candidates for an offense made punishable by this title under such limitations as the Governor may prescribe.
Objection to trial by summary court-martial; punishments summary court-martial may imposed
(b)(1) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto.
(2) If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate.
(3) Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:
(i) dismissal;
(ii) dishonorable or bad-conduct discharge;
(iii) confinement for more than 1 month;
(iv) restriction to specified limits for more than 2 months; or
(v) forfeiture of more than two-thirds of 1 month's pay.
Non-criminal offense
(c)(1) A summary court-martial is a noncriminal forum.
(2) A finding of guilty at a summary court-martial does not constitute a criminal conviction.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Public Safety, § 13A-405, MD PUBLIC SAFETY § 13A-405
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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