§ 819. Art. 19. Jurisdiction of special courts-martial
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(a)In General.— Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
(b)Additional Limitation.— Neither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)).
(c)Military Magistrate.— If charges and specifications are referred to a special court-martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.
(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(5), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 106–65, div. A, title V, § 577(a), Oct. 5, 1999, 113 Stat. 625; Pub. L. 107–107, div. A, title X, § 1048(g)(4), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 114–328, div. E, title LIV, § 5163, Dec. 23, 2016, 130 Stat. 2898.)
The word “shall” in the first sentence is omitted as surplusage. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “a period exceeding”. The word “may” is substituted for the word “shall” in the last sentence.
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- Public Law 107–107To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
17 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 43
- Pub. L. 90–632, § 2(5)
- 82 Stat. 1335
- Pub. L. 106–65, div. A, title V, § 577(a)
- 113 Stat. 625
- Pub. L. 107–107, div. A, title X, § 1048(g)(4)
- 115 Stat. 1228
- 130 Stat. 2898
- Pub. L. 107–107, § 1048(g)(4)
- Pub. L. 106–65, § 577(a)(2)
- Pub. L. 106–65, § 577(a)(1)
- Pub. L. 90–632
- Pub. L. 107–107, div. A, title X, § 1048(g)
- Pub. L. 106–65
- Pub. L. 106–65, div. A, title V, § 577(b)
- section 4 of Pub. L. 90–632
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§ 819
Art. 19. Jurisdiction of special courts-martial
Fed. Reg.×39
Stat.×3
U.S.C.×2
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 43
Pub. L.Pub. L. 90–632, § 2(5)
Stat.82 Stat. 1335
Pub. L.Pub. L. 106–65, div. A, title V, § 577(a)
Cites 22 · showing 10Cited by 44 across 3 sources