South Carolina § 25-1-2570 Jurisdiction of summary courts-martial.

South Carolina Statutes

§ 25-1-2570 — Jurisdiction of summary courts-martial.

South Carolina·Title 25 MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS·Ch. 1 MILITARY CODE

1. Subject to Section 25-1-2540, summary courts-martial have jurisdiction to try persons subject to the code for an offense made punishable by the code. Under limitations the Governor or Adjutant General may prescribe, a summary court-martial consisting of a military judge, judge advocate, or an officer detailed as the hearing officer may order any of the following punishments:

(1)reduction of enlisted personnel by one pay grade, provided the grade of the accused is within the promotion authority of the convening authority;

(2)a fine of not more than five days' pay;

(3)imprisonment not to exceed fifteen days;

(4)any combination of these punishments. A person to whom summary courts-martial have jurisdiction may not be brought to trial before a military judge, judge advocate, or an offic

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1. Subject to Section 25-1-2540, summary courts-martial have jurisdiction to try persons subject to the code for an offense made punishable by the code. Under limitations the Governor or Adjutant General may prescribe, a summary court-martial consisting of a military judge, judge advocate, or an officer detailed as the hearing officer may order any of the following punishments: (1) reduction of enlisted personnel by one pay grade, provided the grade of the accused is within the promotion authority of the convening authority; (2) a fine of not more than five days' pay; (3) imprisonment not to exceed fifteen days; (4) any combination of these punishments. A person to whom summary courts-martial have jurisdiction may not be brought to trial before a military judge, judge advocate, or an officer-only summary court-martial if he objects. If objection to trial by a military judge, judge advocate, or an officer-only summary court-martial is made by an accused, trial must be ordered to proceed by panel summary court-martial as provided in subsection 2. 2. Subject to Section 25-1-2540, summary courts-martial have jurisdiction to try persons subject to the code, for an offense made punishable by the code. Under limitations the Governor or Adjutant General may prescribe, a summary court-martial consisting of a panel of three officers may order any of the following punishments: (1) reduction of enlisted personnel by one pay grade, provided the grade of the accused is within the promotion authority of the convening authority; (2) a fine of not more than ten days' pay; (3) imprisonment not to exceed thirty days; or (4) any combination of these punishments. The senior officer presiding over the summary courts-martial has the exclusive authority to determine and order the punishments under this section, subject to the review of the convening authority. No person subject to the Code of Military Justice has the right to decline a panel summary courts-martial under this code and demand trial by either a special or general court-martial. 3. A summary court-martial conviction is not considered a criminal conviction. 4. A summary court-martial conviction may be used as the basis for a future administrative separation, a bar to reenlistment, or other administrative actions.

South Carolina § 25-1-2570 (Jurisdiction of summary courts-martial.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: Former SECTION 25-1-2570 [1950 (46) 1881; 1952 Code SECTION 44-169; 1962 Code SECTION 44-169; 1964 (53) 2241] repealed by codification of Code of Military Justice, 1984 Act No. 378; New SECTION 25-1-2570 [derived from former SECTION 25-1-3040 (1950 (46) 1881; 1952 Code SECTION 44-214; 1962 Code SECTION 44-204; 1964 (53) 2241)] En by 1984 Act No. 378, SECTION 19; 2001 Act No. 85, SECTION 33; 2011 Act No. 46, SECTION 17, eff June 7, 2011; 2024 Act No. 145 (H.4642), SECTION 9, eff May 13, 2024. Effect of Amendment The 2011 amendment rewrote the section. 2024 Act No. 145, SECTION 9, rewrote the section.