Current through the 2024 Regular Session
Section 33-13-159 - Jurisdiction of summary courts-martial(1) Subject to Section 33-13-153, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.(2) Any person given notice of trial by a summary courts-martial may request trial before a special or general courts-martial. The decision to grant this request is reserved to the special or general court-martial convening authority, respectively.(3) The maximum sentence a summary courts-martial may impose for a single offense is: (a) A fine of not more than Two Hundred Fifty Dollars ($250.00), and/or forfeiture of all pay and/or allowances;(b) Reduction to the lowest or any intermediate pay grade, but an enlisted member in a pay grade above E-4 may not be reduced more than four (4) pay grades;©) Confinement for not more than thirty (30) days;(d) Forfeiture of all pay and allowances for any period of confinement;(e) If found to have willfully or maliciously caused any injury to any person or property, restitution in an amount of Three Thousand Five Hundred Dollars ($3,500.00) or less; and(f) Any punishment authorized in Section 33-13-31.(4) Any person given notice of a trial by a summary courts-martial who fails to appear at trial may be tried, convicted and sentenced in absentia.Codes, 1942, § 8529-20; Laws, 1966, ch. 538, § 20; Laws, 1981, ch. 362, § 22, eff. 7/1/1981.Amended by Laws, 2020, ch. 345, SB 2611,§ 3, eff. 7/1/2020.Amended by Laws, 2019, ch. 408, SB 2680,§ 1, eff. 7/1/2019.Amended by Laws, 2017, ch. 354, SB 2620, 2, eff. 7/1/2017.Amended by Laws, 2016, ch. 404, HB 732, 3, eff. 7/1/2016.