RS 29:119

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

RS 29:119

§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.

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.