Public Safety (GPS) — Title 13A. Maryland Code of Military Justice

a person who signs and swears to charges;

a person who directs that charges nominally be signed and sworn to by another; or

any other person who has an interest other than an official interest in the prosecution of the accused.

information or material that has been determined by an official of the United States or a state pursuant to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and

restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(y).

commissioned officers of the State military forces; and

officers in charge only when administering nonjudicial punishment under § 13A–301 of this code.

the person who convened the court; and

calendar day and is not synonymous with the term “unit training assembly”; or

as it relates to any punishment authorized by this article that is measured in terms of days, when served in a status other than annual field training, succeeding duty days.

“Duty status other than State active duty” means any other type of duty not in federal service and not full–time duty in the active service of the State under an order issued by authority of law.

“Duty status other than State active duty” includes travel to and from such duty.

if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the State military forces, as the convening authority directs.

a court–martial; or

a court of inquiry.

an official written transcript, written summary, or other writing relating to the proceedings; or

an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced.

“State active duty” means full–time duty in the State military forces under an order of the Governor or otherwise issued by authority of law, and paid by State funds.

“State active duty” includes travel to and from such duty.

“State military forces” means the National Guard of the State, as defined in Title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under 10 U.S.C. 47.

“State military forces” does not include the unorganized militia, Maryland Defense Force, or any other State force that does not meet the definition under paragraph (1) of this subsection.

Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force.

Courts–martial have primary jurisdiction of military offenses.

Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

Each person discharged from the State military forces who is later charged with having fraudulently obtained a discharge is, subject to § 13A–708 of this title, subject to trial by court–martial on that charge and is, after apprehension, subject to this title while in custody under the direction of the State military forces for that trial.

On conviction of that charge, that person is subject to trial by court–martial for all offenses under this title committed before the fraudulent discharge.

Subject to paragraph (2) of this subsection, this title has applicability at all times and in all places, provided that either the person subject to this title is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the State military forces.

This grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.

Courts–martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside the State with the same jurisdiction and powers as to persons subject to this title as if the proceedings were held inside the State.

Offenses committed outside the State may be tried and punished either inside or outside the State.

Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice.

The judge advocate of a command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the State Judge Advocate.

the right to be reasonably protected from the accused;

the right to reasonable, accurate, and timely notice provided by military trial counsel of:

the right not to be excluded from any public hearing or proceeding described in paragraph (2) of this subsection, unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this title would be materially altered if the victim heard other testimony at that hearing or proceeding;

the right to be reasonably heard at:

the reasonable right to confer beforehand with the counsel representing the government at a proceeding described in paragraph (2) of this subsection and at a proceeding under § 13A–301, § 13A–405, § 13A–601.1, and § 13A–902 of this title;

the right to receive full restitution before a forfeiture may be received by the military as provided by law;

the right to proceedings free from unreasonable delay; and

the right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this title.

Subject to paragraph (2) of this subsection, in the case of a victim of an offense under this title who is under 18 years of age but not a member of the armed forces, incompetent, incapacitated, or deceased, the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section.

The individual designated under paragraph (1) of this subsection may not be the accused.

to authorize a cause of action for damages;

to create, to enlarge, or to imply a duty or obligation to a victim of an offense under this title or other person for breach of which the State or any of its officers or employees could be held liable for damages other than restitution; or

to impair the exercise of discretion under § 13A–601 or § 13A–605 of this title.

If the victim of an offense under this title believes that a preliminary hearing ruling under § 13A–603 of this title or a court–martial ruling violates the rights of the victim afforded by a provision specified in paragraph (4) of this subsection, the victim may file an interlocutory appeal to the Court of Military Appeals, and thereafter file a certiorari petition with the Supreme Court of Maryland, and an automatic stay of the military proceedings shall take effect on the filing of the notice of appeal until final disposition of the appeal, in order to require the preliminary hearing officer or the court–martial, including in connection with § 13A–716 of this title, to comply with the provision.

If the victim of an offense under this title is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court–martial trying the accused for the offense, the victim may appeal such an order in the same manner described in paragraph (1) of this subsection to the Court of Military Appeals to quash the order.

An appeal described in this subsection shall be forwarded directly to the Court of Military Appeals, by such means as may be prescribed by the Governor, and, to the extent practicable, shall have priority over all other proceedings before the court.

Paragraph (1) of this subsection applies to the protections afforded by:

On notice by counsel for the government to counsel for the accused of the name of an alleged victim of an offense under this title whom counsel for the government intends to call as a witness at a proceeding under this title, counsel for the accused shall make any request to interview the victim through the Special Victim’s Counsel or other counsel for the victim, if applicable.

If requested by an alleged victim who is subject to a request for interview under paragraph (1) of this subsection, any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the government, a counsel for the victim, or, if applicable, a victim advocate.

An enlisted member may be ordered into arrest or confinement by a commissioned officer by an order, oral or written, delivered in person or through other persons subject to this title.

A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.

A commissioned officer, a warrant officer, or a civilian subject to this title or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer.

The authority to order such persons into arrest or confinement may not be delegated.

Under such regulations as prescribed, a commanding officer or officers–in–charge may impose disciplinary punishments for minor offenses without the intervention of a court–martial pursuant to this section.

The Governor, the Adjutant General, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the State military forces.

an admonition;

a reprimand;

the withholding of privileges for not more than 6 months, which need not be consecutive;

the forfeiture of pay of not more than 7 days’ pay;

a fine of not more than 7 days’ pay;

a reduction to the next inferior pay grade, if the soldier or airman is in the rank of E–4 or below;

extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive; or

restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.

any punishment authorized in subsection (b)(1), (2), or (3) of this section;

the forfeiture of not more than one–half of 1 month’s pay per month for 2 months;

a fine of not more than 1 month’s pay;

a reduction to the lowest or any intermediate pay grade, if the soldier or airman is in the rank of E–6 or below, but an enlisted member in a pay grade above E–4 may not be reduced more than two pay grades;

extra duties, including fatigue or other duties, for not more than 45 days, which need not be consecutive; or

restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.

on officers of the officer’s command:

on enlisted members of the officer’s command:

Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether punishment more severe than 14 days’ extra duty or 14 days’ restriction and admonition shall be considered as punishments.

If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court–martial.

If the commanding officer determines that the punishment options will not include punishment more severe than 14 days’ extra duty or 14 days’ restriction and admonition, the accused shall be notified that there is no right to trial by court–martial in lieu of nonjudicial punishment.

The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.

The officer may also:

A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is either announced or sent to the accused, as the commander may determine.

The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.

If the superior authority acting on the appeal does not render a decision within 5 days of the election to appeal, the punishment shall be suspended until such time as the appeal is decided.

The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) of this section by the officer who imposed the punishment.

Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.

Subject to paragraph (2) of this subsection, the imposition and enforcement of disciplinary punishment under this section for an act or omission is not a bar to trial by court–martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this title.

The fact that a disciplinary punishment has been enforced may be shown by the accused at trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

general courts–martial, as described in subsection (b) of this section;

special courts–martial, as described in subsection (c) of this section; and

summary courts–martial, as described in subsection (d) of this section.

a military judge and not less than eight members; or

a military judge alone, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves the request.

a military judge and not less than four members; or

a military judge alone:

dishonorable discharge;

dismissal;

confinement for more than 1 year;

forfeiture of pay exceeding two–thirds pay per month; or

forfeiture of pay for more than 1 year.

No person with respect to whom summary courts–martial have jurisdiction may be brought to trial before a summary court–martial if that person objects thereto.

If objection to trial by summary court–martial is made by an accused, trial by special or general court–martial may be ordered, as may be appropriate.

Summary courts–martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:

A summary court–martial is a noncriminal forum.

A finding of guilty at a summary court–martial does not constitute a criminal conviction.

the Governor; or

the Adjutant General.

a person who may convene a general court–martial;

the commanding officer of a garrison, fort, post, camp, station, or Air National Guard base;

the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;

the commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or

the commanding officer or officer in charge of any other command when empowered by the Adjutant General.

a person who may convene a general or special court–martial;

the commanding officer of a detached company or other detachment, or corresponding unit of the Army;

the commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or

the commanding officer or officer in charge of any other command when empowered by the Adjutant General.

When only one commissioned officer is present with a command or detachment, that officer shall be the summary court–martial of that command or detachment and shall hear and determine all summary court–martial cases, or a military judge may act as summary court–martial.

A summary court–martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.

An enlisted member of the State military forces is eligible to serve on general and special courts–martial for the trial of an enlisted member subject to this title, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under § 13A–704 of this title prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it.

When convening a court–martial, the convening authority shall detail as members of the authority such members of the State military forces as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.

A member of the State military forces is not eligible to serve as a member of a general or special court–martial if the member is the accuser or a witness or has acted as investigating officer or as counsel in the same case.

Before a court–martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case.

The convening authority may delegate the authority under this subsection to a judge advocate or to another principal assistant.

A military judge shall be detailed to each general and special court–martial by the senior military judge in the State.

The military judge shall preside over each open session of the court–martial to which the military judge has been detailed.

an active or retired commissioned officer of an organized state military force;

a member in good standing of the bar of the Court of Appeals of Maryland; and

certified as qualified for duty as a military judge by the senior force judge advocate that is the same force as the accused.

consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel; or

vote with the members of the court.

For each general and special court–martial, the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate.

a judge advocate, as defined in § 13A–101 of this title; and

in the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court–martial is held.

a judge advocate as defined in § 13A–101 of this title.

as a result of a challenge;

by the military judge for physical disability or other good cause; or

by order of the convening authority for good cause.

Whenever a general court–martial, other than a general court–martial composed of a military judge only, is reduced below six members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of six members.

The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.

Whenever a special court–martial, other than a special court–martial composed of a military judge only, is reduced below four members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four members.

The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides.

that the signer has personal knowledge of, or has investigated, the matters set forth therein; and

that they are true in fact to the best of the signer’s knowledge and belief.

pre–referral investigative subpoenas;

pre–referral warrants or orders for electronic communications;

pre–referral matters referred by an appellate court;

pre–referral matters under § 13A–603(c) or (d) of this subtitle; or

arrest warrants when probable cause exists to believe a military member committed a crime as described under the punitive provisions.

include procedures for the review of such rulings that may be ordered under this section as the adjutant general considers appropriate; and

provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.

is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and

is named in one of the specifications.

A charge or specification may not be referred to a general court–martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made.

This investigation shall include:

The accused shall be advised of the charges against the accused and of the right to be represented at the investigation by counsel.

The accused has the right to be represented at the investigation as provided in § 13A–703 of this title and in regulations prescribed under that section.

At the investigation, full opportunity shall be given to the accused to cross–examine witnesses against the accused, if they are available, and to present anything the accused may desire in the accused’s own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused.

If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy of the charges shall be given to the accused.

If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross–examination, and presentation prescribed in subsection (c) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge.

A demand for further investigation entitles the accused to recall witnesses for further cross–examination and to offer any new evidence in the accused’s own behalf.

present at the investigation;

informed of the nature of each uncharged offense investigated; and

afforded the opportunities for representation, cross–examination, and presentation prescribed in subsection (b) of this section.

A preliminary hearing under this section shall be conducted by an impartial hearing officer, who:

In the case of the appointment of a hearing officer under paragraph (1)(ii) of this subsection, a judge advocate who is certified under § 13A–506 of this title shall be available to provide legal advice to the hearing officer.

Whenever practicable, the hearing officer shall be equal in grade or senior in grade to military counsel who are detailed to represent the accused or the government at the preliminary hearing.

for each specification, a statement of the reasoning and conclusions of the hearing officer with respect to determinations under subsection (b)(2) of this section, including a summary of relevant witness testimony and documentary evidence presented at the hearing and any observations of the hearing officer concerning the testimony of witnesses and the availability and admissibility of evidence at trial;

recommendations for any necessary modifications to the form of the charges or specifications;

an analysis of any additional information submitted after the hearing by the parties or by a victim of an offense, that, under rules prescribed under § 13A–701 of this title, is relevant to disposition under this section and § 13A–601 of this subtitle; and

a statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (l) of this section.

The accused may cross–examine witnesses who testify at the preliminary hearing and present additional evidence that is relevant to the issues for determination under subsection (b)(2) of this section.

The presentation of evidence and examination, including cross–examination, of witnesses at a preliminary hearing shall be limited to the matters relevant to determinations under subsection (b)(2) of this section.

A preliminary hearing under subsection (b) of this section shall be recorded by a suitable recording device.

The victim may request the recording and shall have access to the recording under such rules as are prescribed in § 13A–701 of this title.

present at the preliminary hearing;

informed of the nature of each uncharged offense considered; and

afforded the opportunities for representation, cross–examination, and presentation consistent with subsection (i) of this section.

The requirements of this section are binding on all persons administering this title, but failure to follow the requirements does not constitute jurisdictional error.

A defect in a report under subsection (i) of this section is not a basis for relief if the report is in substantial compliance with that subsection.

Before directing the trial of any charge by general court–martial, the convening authority shall refer the charge to a judge advocate for consideration and advice.

The convening authority may not refer a specification under a charge to a general court–martial for trial unless the convening authority has been advised in writing by a judge advocate that:

The advice of the judge advocate under subsection (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:

If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.

Subject to paragraphs (2) and (3) of this subsection, a trial or other proceeding of a general court–martial or a special court–martial, including a session under § 13A–704 of this title may not be held over the objection of the accused:

No authority convening a general, special, or summary court–martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings.

A person subject to this title may not attempt to coerce or, by any unauthorized means, influence the action of a court–martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts.

Paragraphs (1) and (2) of this subsection do not apply with respect to:

consider or evaluate the performance of duty of any such member as a member of a court–martial or witness therein; or

give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court–martial.

be a member in good standing of the State bar;

prosecute in the name of the State; and

under the direction of the court, prepare the record of the proceedings.

The accused has the right to be represented in defense before a general or special court–martial or at an investigation under § 13A–603 of this title as provided in this subsection.

The accused may be represented by civilian counsel at the provision and expense of the accused.

The accused may be represented by military counsel:

If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel unless excused at the request of the accused.

Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, any military counsel detailed under paragraph (3)(i) of this subsection shall be excused.

The senior force judge advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

may forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record that counsel considers appropriate;

may assist the accused in the submission of any matter under § 13A–902 of this title; and

may take other action authorized by this title.

hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;

hearing and ruling on any matter that may be ruled on by the military judge under this title, whether or not the matter is appropriate for later consideration or decision by the members of the court;

holding the arraignment and receiving the pleas of the accused;

conducting a sentencing proceeding and sentencing the accused under § 13A–718 of this subtitle; and

performing any other procedural function that does not require the presence of the members of the court under this title.

shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record; and

may be conducted notwithstanding the number of court members and without regard to § 13A–508 of this title.

When the members of a court–martial deliberate or vote, only the members may be present.

All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

If exercise of a peremptory challenge reduces the court below the number of members required by § 13A–401 of this title, the parties shall, notwithstanding § 13A–508 of this title, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.

Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Before performing their respective duties, military judges, general and special courts–martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law.

The regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.

the receipt of sworn charges and specifications by an officer exercising court–martial jurisdiction over the command; or

the imposition of punishment under § 13A–301 of this title.

If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) of this subsection are met.

The conditions referred to in paragraph (1) of this subsection are that the new charges and specifications must:

A court–martial with a military judge alone is a trial in the sense of this section if, without fault of the accused, after introduction of evidence and before announcement of findings under § 13A–718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.

A court–martial with a military judge and members is a trial in the sense of this section if, without fault of the accused, after the members, having taken an oath as members under § 13A–707 of this subtitle and after completion of challenges under § 13A–706 of this subtitle, are impaneled, and before announcement of findings under § 13A–718 of this subtitle, the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.

With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court–martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote.

This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

Any subpoena or other process issued under this title will pertain only to military personnel or military property.

Except as otherwise authorized by the court for good cause, every subpoena or other process issued under this section shall be on a form similar to that which courts of the State having criminal jurisdiction may issue or properly accept.

The form of a subpoena shall contain:

Every subpoena or other process issued under this section shall run to any part of the United States and to the commonwealths and possessions of the United States.

before a court–martial, military commission, or court of inquiry;

at a deposition under § 13A–714 of this subtitle; or

as otherwise authorized under this title.

A subpoena or other process may be issued to compel the production of evidence:

An investigative subpoena under paragraph (1)(iii) of this subsection may be issued before referral of charges to a court–martial only if a general court–martial convening authority has authorized counsel for the government to issue such a subpoena or a military judge issues such a subpoena pursuant to § 13A–602 of this title.

With respect to an investigation of an offense under this title, a military judge detailed in accordance with § 13A–505 or § 13A–602 of this title may issue warrants or court orders for the contents of, and records concerning, wire or electronic communications in the same manner as such warrants and orders may be issued by a district court of the United States under Chapter 121, Title 18 of the United States Code, subject to such limitations as the Adjutant General may prescribe by regulation.

order that the subpoena or other process be modified or withdrawn, as appropriate; or

order the person to comply with the subpoena or other process.

that the witness resides or is beyond the State in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing;

that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or

that the present whereabouts of the witness are unknown.

Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under § 13A–506 of this title.

The accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in § 13A–703 of this subtitle.

Subject to paragraphs (2) and (3) of this subsection, in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court–martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

Testimony described in paragraph (1) of this subsection may be read in evidence:

It is an affirmative defense in a trial by court–martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts.

Mental disease or defect does not otherwise constitute a defense.

Voting by members of a general or special court–martial on the findings and on the sentence shall be by secret written ballot.

The junior member of the court shall count the votes.

The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings.

Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in § 13A–717 of this subtitle, beginning with the junior in rank.

the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond a reasonable doubt;

in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;

if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

the burden of proof to establish the guilt of the accused beyond reasonable doubt is on the State.

Subsections (a), (b), and (c) of this section do not apply to a court–martial composed of a military judge only.

The military judge of a court–martial composed of a military judge only shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence.

The military judge of a court–martial composed of a military judge only shall make a general finding and shall in addition, on request, find the facts specially.

If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

after a plea of guilty under § 13A–710 of this subtitle;

by a military judge in a court–martial with a military judge alone under § 13A–401 of this title; or

in a court–martial with members under § 13A–401 of this title, by the concurrence of at least three–fourths of the members present when the vote is taken.

Except as provided in subsection (a) of this section, subject to paragraph (2) of this subsection, all matters to be decided by members of a general or special court–martial shall be determined by a majority vote.

A reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote that indicates the reconsideration is not opposed by the number of votes required for that finding or sentence.

Except as provided in paragraph (2) of this subsection, if the accused is convicted of an offense in a trial by general or special court–martial, the military judge shall sentence the accused.

If the accused is convicted of an offense by general or special court–martial consisting of a military judge and members and the accused elects sentencing by members under § 13A–504 of this title, the members shall sentence the accused.

The sentence determined under this subsection constitutes the sentence of the accused.

At any time before the announcement of findings under § 13A–718 of this subtitle, the convening authority and the accused may enter into a plea agreement with respect to such matters as:

The military judge of a general or special court–martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.

contains a provision that has not been accepted by both parties;

contains a provision that is not understood by the accused;

except as provided in subsection (c) of this section, contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in § 13A–802 of this title;

is prohibited by law; or

is contrary to, or is inconsistent with, a regulation prescribed by the president with respect to terms, conditions, or other aspects of plea agreements.

the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and

on recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.

Each general and special court–martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge.

If the record cannot be authenticated by the military judge by reason of the judge’s death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of trial counsel’s death, disability, or absence.

In a court–martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection.

A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court–martial case resulting in a conviction.

In all other court–martial cases, the record shall contain such matters as may be prescribed by regulations.

The punishment which a court–martial may direct for an offense may not exceed such limits as prescribed by this title, but in no instance may a sentence exceed more than 10 years for a military offense, nor may a sentence of death be adjudged.

A conviction by a summary court–martial is not a criminal conviction.

In sentencing an accused under § 13A–718 of this title, a court–martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the armed forces, taking into consideration:

In a general or special court–martial in which the accused has elected sentencing by members, the court–martial shall announce a single sentence for all of the offenses of which the accused was found guilty.

With the approval of the senior judge advocate concerned, and consistent with standards and procedures set forth in regulations prescribed by the Adjutant General, the Government may appeal a sentence to the Court of Military Appeals, on the grounds that:

An appeal under this subsection must be filed within 60 days after the date on which the judgment of a court–martial is entered into the record under § 13A–902 of this title.

Whenever a sentence of a court–martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.

A forfeiture may not extend to any pay or allowances accrued before the date specified in paragraph (1) of this subsection.

Subject to paragraph (2) of this subsection, any period of confinement included in a sentence of a court–martial begins to run from the date the sentence is adjudged by the court–martial.

Periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service of the sentence to confinement.

The deferment shall terminate when the sentence is ordered executed.

The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court–martial jurisdiction over the command to which the accused is currently assigned.

In a case in which a court–martial sentences an accused referred to in paragraph (2) of this subsection to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States, or a foreign country referred to in that paragraph.

Paragraph (1) of this subsection applies to a person subject to this title who:

A sentence of confinement adjudged by a court–martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this title.

Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

A court–martial sentence described in paragraph (4) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole.

The forfeiture pursuant to this article shall take effect on the date determined under § 13A–803 of this subtitle and may be deferred as provided by that section.

The pay and allowances forfeited, in the case of a general court–martial, shall be all pay and allowances due that member during such period and, in the case of a special court–martial, shall be two–thirds of all pay due that member during such period.

A sentence covered by this subtitle is any sentence that includes:

In a case involving an accused who has dependents, the convening authority or other person acting under § 13A–902 of this title may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this section for a period not to exceed 6 months.

Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this subtitle, for good cause, may extend the applicable period under paragraph (1) of this subsection for not more than an additional 20 days.

In a summary court–martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1) of this subsection.

Before acting under this subtitle on any general or special court–martial case in which there is a finding of guilt, the convening authority or other person taking action under this subtitle shall obtain and consider the written recommendation of a judge advocate.

The convening authority or other person taking action under this subtitle shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation.

The recommendation of the judge advocate shall include such matters as may be prescribed by regulation and shall be served on the accused, who may submit any matter in response under subsection (b) of this section.

Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.

The convening authority or other person taking action under this section, in the person’s sole discretion, may order a proceeding in revision or a rehearing.

In each case subject to appellate review under this title, the accused may file with the convening authority a statement expressly waiving the right of the accused to such appeal.

Such a waiver shall be signed by both the accused and defense counsel for the accused and shall be filed in accordance with appellate procedures as provided by law.

In a trial by general or special court–martial or in a pretrial proceeding under § 13A–601.1 of this title, the State may appeal the following:

An appeal under this section shall be diligently prosecuted as provided by law.

An appeal under this section shall be forwarded to the court prescribed in § 13A–908 of this subtitle.

In ruling on an appeal under this section, that court may act only with respect to matters of law.

Each rehearing under this title shall take place before a court–martial composed of members who are not members of the court–martial that first heard the case.

On a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court–martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based on a finding of guilty of an offense not considered on the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

If the sentence approved after the first court–martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications on which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court–martial.

Each general and special court–martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee.

The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.

The senior force judge advocate’s review shall be in writing and shall contain the following:

the judge advocate who reviewed the case recommends corrective action;

the sentence approved under § 13A–902 of this subtitle extends to dismissal, a bad–conduct or dishonorable discharge, or confinement for more than 6 months; or

such action is otherwise required by regulations of the Adjutant General.

The Adjutant General may:

If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate’s review under subsection (a) of this section is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.

The senior force judge advocate, or a designee, may review any case in which there has been a finding of not guilty of all charges and specifications.

The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.

The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.

The record of trial and related documents in each case reviewed under subsection (d) of this section shall be sent for action to the Adjutant General.

The Adjutant General may:

Decisions of a court–martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals.

The Court of Military Appeals shall follow the federal Manual for Courts–Martial and procedures as provided by the court of criminal appeals for the service of the defendant.

The court shall have three judges present to convene.

The Chief Judge may convene the court and may appoint alternates.

The court has the authority to adopt a seal.

The Governor shall:

Judges are not limited to one term.

Judges should have demonstrated experience in military law and be a member of the Maryland Bar.

the issuance of extraordinary writs relative to all matters arising under:

adjudicating appeals by victims as described in § 13A–105 of this title; and

adjudicating appeals of sentences of a court–martial that have been approved by the convening authority, which may include:

An appellant must petition the court for review, which is a right on request.

There is no automatic review of sentence.

An appellant may waive the right to review.

provide a full–time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and

provide administrative support for appellate judges, as required.

The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in § 13A–908 of this subtitle and before any federal court when requested to do so by the State Attorney General.

Appellate government counsel must be a member in good standing of the bar of the highest court of the state to which the appeal is taken.

Before the vacation of the suspension of a special court–martial sentence, which as approved includes a bad–conduct discharge, or of any general court–martial sentence, the officer having special court–martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation.

The Staff Judge Advocate may detail a judge advocate, who is certified under § 13A–506 of this title, to conduct the hearing.

The probationer shall be represented at the hearing by military counsel if the probationer so desires.

The record of the hearing and the recommendation of the officer having special court–martial jurisdiction shall be sent for action to the officer exercising general court–martial jurisdiction over the probationer.

If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this title.

If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the former officer not been dismissed.

The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct.

All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

In the case of a person determined under this title to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court–martial convening authority for that person shall commit the person to the custody of the Attorney General.

If a person is found by a court–martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this section.

The court–martial shall conduct a hearing on the mental condition in accordance with the State law applicable to persons incompetent to stand trial.

A report of the results of the hearing shall be made to the general court–martial convening authority for the person.

If the court–martial fails to find by the standard specified in the State law applicable to persons incompetent to stand trial that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:

The State law applicable to persons incompetent to stand trial shall apply in the case of a person hospitalized pursuant to paragraph (4)(ii) of this subsection, except that the State trial court with felony jurisdiction in the county where the person is hospitalized shall be considered as the court that ordered the person’s commitment.

Except as otherwise provided in this subsection and in subsection (d)(1) of this section, the State law most closely comparable to 18 U.S.C. § 4247(d) shall apply in the administration of this article.

In the application of the State law most closely comparable to 18 U.S.C. § 4247(d) to hearings conducted by a court–martial under this section or by, or by order of, a general court–martial convening authority under this section, the reference in that section to 18 U.S.C § 3006A does not apply.

Title 3 of the Criminal Procedure Article applies according to the provisions of this section notwithstanding 18 U.S.C. § 4247(j).

If the status of a person as described in § 13A–102 of this title terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this title shall continue to apply to that person notwithstanding the change of status.

if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and

if the offense solicited or advised is not attempted or committed, shall be punished as a court–martial may direct.

without authority, goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently;

quits the member’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

without being regularly separated from one of the State military forces:

A person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than 10 years or such other punishment as a court–martial may direct.

A person found guilty of desertion or attempt to desert other than in time of war shall be punished as a court–martial may direct.

is placed in correctional custody by a person authorized to do so;

while in correctional custody, is under physical restraint; and

escapes from the physical restraint before being released from the physical restraint by proper authority.

is placed in correctional custody by a person authorized to do so;

while in correctional custody, is under restraint other than physical restraint; and