40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction.

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

40.050. Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction. — 1. The three kinds of courts-martial in the state military forces are:

(1)General courts-martial, consisting of:

(a)A military judge and not less than twelve members; or

(b)Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;

(2)Special courts-martial, consisting of:

(a)Not less than twelve members;

(b)A military judge and not less than twelve members; or

(c)Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph

(b)of subdivision

(1)of this subsection so requests;

(3)Summary courts-martial, consisting of one commissioned officer.

2. The Army National Guard and the Air National Guard each has court-martial jurisdiction over all persons subject to sections 40.005 to 40.490 . The exercise of jurisdiction by the Army National Guard over Air Guard personnel, or the Air National Guard over Army Guard personnel shall be in accordance with regulations prescribed by the governor.

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(L. 1984 H.B. 1035 § 16)