Section 40.065

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1986   

  40.065.  Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial. — 1.  Summary courts-martial have jurisdiction to try enlisted persons subject to sections 40.005 to 40.490 for any offense made punishable by sections 40.005 to 40.490 and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:

  (1)  A fine of not more than twenty-five dollars for a single offense;

  (2)  A forfeiture of pay and allowances for no more than two-thirds of one month's pay; or

  (3)  Reduction to the next lower grade; and

  (4)  Costs.

  2.  No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto.  If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial as may be appropriate.

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(L. 1984 H.B. 1035 § 19, A.L. 1986 H.B. 1505)