North Carolina § 127A-49 - Special courts-martial; appointments, power and authority.

§ 127A-49. Special courts-martial; appointments, power and authority.

In the North Carolina National Guard, not in the service of the United States, special courts-martial may be appointed by any of the following: The commander of a brigade, regiment, comparable or higher command of the North Carolina Army National Guard, provided that the commander is a general officer. The commander of a wing, group, separate squadron, comparable or higher command of the North Carolina Air National Guard, provided that the commander is a general officer. The commander or officer in charge of any North Carolina National Guard command when empowered by the Governor or the Adjutant General of North Carolina, provided that the commander or officer is a general officer. Except as to commissioned officers, special courts-martial shall have the power and authority to try any person subject to military law for any crimes or offenses within the jurisdiction of a general military court. Special courts-martial shall have the power to impose punishments in like manner and to the extent prescribed by the Uniform Code of Military Justice and Manual for Courts-Martial, United States, as shall be in use by the Armed Forces of the United States at the time of the offense, except that (i) no court shall have the authority to impose confinement as part of the sentence unless the court consisted of a military judge and not less than three members except that a defendant who requests a military judge alone may be sentenced to confinement, and (ii) no court shall have the authority to impose confinement in excess of six months as part of a sentence. History (1917, c. 200, s. 57; C.S., s. 6827; 1957, c. 136, s. 8; 1963, c. 1018, s. 3; 1973, c. 1123; 1975, c. 604, s. 2; 2009-281, s. 1; 2010-193, s. 3; 2011-195, s. 1(a).) Editor's Note. - In subdivision (1) above, "Army National Guard" was substituted for "army National Guard" and in subdivision (2) above, "Air National Guard" was substituted for "air National Guard" to conform with Session Laws 2009-281, s. 1. Session Laws 2010-193, s. 23, provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." The Act became effective December 1, 2010. Effect of Amendments. - Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" throughout this section. Session Laws 2010-193, s. 3, effective December 1, 2010, and applicable to offenses committed on or after that date, in the introductory language and in subdivision (3), substituted "National Guard" for "national guard"; in the introductory language, added "any of the following"; in subdivision (1), substituted "Army National Guard" for "army national guard" and added the proviso; in subdivision (2), substituted "Air National Guard" for "air national guard" and added the proviso; in subdivision (3), added the proviso; and in the last paragraph, rewrote the last sentence, which formerly read: "Such courts-martial shall have the same powers of punishment as general courts-martial except that fines imposed by such courts martial shall not exceed one hundred dollars ($100.00), and such courts-martial shall not have the power of dismissal from the national guard." Session Laws 2011-195, s. 1(a), effective June 23, 2011, in the introductory language, inserted "North Carolina"; in subdivisions (1) through (3), made a minor stylistic change; and in the last paragraph, twice substituted "special courts-martial" for "such courts-martial," or similar language, and substituted "Armed Forces" for "armed forces."