Texas § GV.432.034 - JURISDICTION OF SPECIAL COURT-MARTIAL

§ GV.432.034. JURISDICTION OF SPECIAL COURT-MARTIAL

JURISDICTION OF SPECIAL COURT-MARTIAL. (a) Subject to Section 432.032 , a special court-martial has jurisdiction to try a person subject to this chapter, except a commissioned officer, for any offense under this chapter. A special court-martial has the same powers of punishment as a general court-martial, except that a special court-martial may not impose more than a $4,000 fine and confinement of not more than one year for a single offense. (b) A dismissal or bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony is made, counsel having the qualifications prescribed under Section 432.046 (b) is detailed to represent the accused, and a military judge is detailed to the trial, except in a case in which a military judge cannot be detailed to the trial because of physical conditions or military exigencies. In a case in which a military judge is not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason a military judge could not be detailed. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 94 (S.B. 1217 ), Sec. 3, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417 ), Sec. 7, eff. September 1, 2011.