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Home » US Law » 2022 Maryland Statutes » Public Safety » Title 13 - Militia » Subtitle 8 - Courts-Martial

Section 13-801

    This subtitle applies to a court-martial of the organized militia not in the service of the United States.

Section 13-802

    (a)    There are three types of courts-martial:         (1)    a general court-martial;         (2)    a special court-martial; and         (3)    a summary court-martial.     (b)    (1)    Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding:             (i)    jurisdiction;             (ii)    powers, with the exception […]

Section 13-803

    (a)    (1)    This subsection does not apply to a commissioned officer on duty during a war, insurrection, invasion, or public danger or on duty to aid civil authorities on account of any breach of peace, tumult, riot, resistance to power of the State, or imminent danger of any of these or any cases not otherwise covered.         (2)    A […]

Section 13-804

    The military judge or officer presiding over a court-martial may:         (1)    issue a warrant to arrest and bring before the court for trial an accused individual who has received a copy of the charge and an order to appear and who fails to appear before the court-martial;         (2)    issue a subpoena to attend, give testimony, or produce […]

Section 13-805

    (a)    (1)    Any sheriff, deputy sheriff, or police officer, or a member of the organized militia appointed by the court-martial shall serve process and execute a sentence of a court-martial of the State.         (2)    The individual who serves process shall make a return of service to the officer who issued service.     (b)    (1)    An individual may not charge a fee […]

Section 13-806

    A general court-martial may be convened by an order of the Governor.

Section 13-807

    (a)    The commanding officer of a garrison, fort, post, camp or other place, brigade, regiment, detached battalion, or other detached command or a superior authority may appoint for that command a special court-martial.     (b)    Except for a commissioned officer, a special court-martial may try an individual subject to military law, for any crime or offense made punishable […]

Section 13-808

    (a)    Enlisted soldiers and noncommissioned officers of the organized militia may be subjected to summary court–martial in accordance with the procedures and penalties adopted by the Adjutant General under § 13–302 of this title.     (b)    Conviction by a summary court–martial does not constitute a conviction for the purpose of any disqualification or disability imposed by law because […]

Section 13-808.1

    All members of the organized militia may be subjected to nonjudicial punishment in accordance with the procedures and penalties adopted by the Adjutant General under § 13–302 of this title.

Section 13-809

    An individual has the immunity from liability described in § 5-513 of the Courts Article if the individual is:         (1)    a member of a court-martial; or         (2)    an officer or other individual:             (i)    acting under the court’s authority; or             (ii)    reviewing the court’s proceedings because of the approval, imposition, or execution of a sentence, the imposition or collection of […]

Section 13-810

    The actual necessary expense of conveying a prisoner when the conveyance is authorized and directed by the Adjutant General shall be paid from funds appropriated to the Department on a warrant approved by the Adjutant General.

Section 13-811

    (a)    No excuse is valid for absence from an assembly except:         (1)    good faith absence from the place where the assembly is ordered;         (2)    illness of the individual that prevents the individual’s attention to ordinary pursuits;         (3)    sickness in the individual’s family that requires the individual’s personal care and presence; or         (4)    any other reason that the court finds satisfactory. […]

Section 13-812

    (a)    A general court–martial may impose one or more of the following penalties:         (1)    a fine not exceeding $200;         (2)    forfeiture of pay and allowances;         (3)    reprimand;         (4)    dismissal or dishonorable discharge from the service;         (5)    reduction of noncommissioned officers to the ranks; or         (6)    confinement, in lieu of a fine, not to exceed 1 day for each dollar of fine authorized. […]

Section 13-813

    (a)    (1)    After imposing a sentence of imprisonment and on approval of the findings and sentence of the court by the officer appointing the court, the individual presiding over a court-martial shall make out and sign a certificate entitling the case that includes:             (i)    the name of the accused;             (ii)    the date and place of trial;             (iii)    the date of […]

Section 13-814

    (a)    On the imposition of a fine by a court-martial and on the approval of its findings by the officer who appointed the court-martial, the fine is payable at once.     (b)    (1)    If an officer or enlisted individual does not pay a fine within 10 days after notification of the imposition of the fine, the fine may be […]