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§ 5913. Vacation of suspension

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 51 Pa.C.S.A. Military AffairsEffective: October 24, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 51 Pa.C.S.A. Military Affairs (Refs & Annos)
Part IV. Military Justice (Refs & Annos)
Chapter 59. Posttrial Procedure and Review of Courts-Martial (Refs & Annos)
Effective: October 24, 2013
51 Pa.C.S.A. § 5913
Formerly cited as PA ST 51 Pa.C.S.A. § 5912
§ 5913. Vacation of suspension
(a) Bad-conduct discharges and general court-martial sentences.--Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b) Action by court-martial.--The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.
(c) Other sentences.--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.

Credits

2012, Oct. 24, P.L. 1506, No. 192, § 2, effective in one year [Oct. 24, 2013].
51 Pa.C.S.A. § 5913, PA ST 51 Pa.C.S.A. § 5913
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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