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§ 44-44 Special courts-martial

A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or state active duty, the first commanding officer in the rank of colonel or above may convene special courts-martial.

B. A special court-martial may not try a commissioned officer.

C. A special court-martial shall have the authority to impose any of the following fines and penalties:

1. A fine of not more than $1,000;

2. Forfeiture of two-thirds pay per month for six months;

3. A reprimand;

4. Bad Conduct discharge;

5. Restriction to limits;

6. Imposition of extra duty;

7. Confinement for not more than three months;

8. Reduction of enlisted persons one or more pay grades; or

9. Any combination of these punishments.

History

The record of this law’s original creation isn’t available online. It has been modified 5 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 393; in 1964, chapter 227; in 1976, chapter 399; in 1977, chapter 74; in 2011, chapters 572 and 586.

1930, p. 956; Michie Code 1942, § 2673(34); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. 572, 586.

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