§ 29:119 — Article 19. Special courts-martial

§119. Article 19. Special courts-martial
A. Subject to Article 17 of this Code, special courts-martial have jurisdiction to try
persons subject to this Code for any offense made punishable by this Code. A special courts-martial may not try a commissioned officer.
B. In the National Guard not in federal service, the commanding officer of a garrison,
fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a
brigade, regiment, wing, group, detached battalion, separate squadron, or other detached
command, may convene special courts-martial. Special courts-martial may also be convened
by superior authority.
C. A special court-martial may sentence to:
(1) A fine of not more than two hundred dollars.
(2) Forfeiture of pay and allowances.
(3) A reprimand.
(4) Bad-conduct discharge or dishonorable discharge.
(5) Reduction of a noncommissioned officer to the ranks.
(6) Confinement of not more than twelve months.
(7) Any combination of these punishments.
D. If the charges and specifications are referred to a special court-martial consisting
of a military judge alone under Article 16(A)(2)(b) of this Code:
(1) The military judge may not sentence an accused to a bad-conduct discharge, nor
confinement of more than six months, nor forfeiture of pay for more than six months.
(2) With the consent of the parties, the military judge may appoint a military
magistrate to preside over the special court-martial.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.