<section article="gps" article_name="Public Safety" number="13A-101" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <text>In this title, unless the context otherwise requires, the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Accuser” means:</text> <level label="1"> <text>a person who signs and swears to charges;</text> </level> <level label="2"> <text>a person who directs that charges nominally be signed and sworn to by another; or</text> </level> <level label="3"> <text>any other person who has an interest other than an official interest in the prosecution of the accused.</text> </level> </level> <level label="c"> <text>“Cadet” or “candidate” means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces.</text> </level> <level label="d"> <text>“Classified information” means:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>restricted data, as defined in § 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(y).</text> </level> </level> <level label="e"> <text>“Commander” means commanding officer.</text> </level> <level label="f"> <text>“Commanding officer” includes:</text> <level label="1"> <text>commissioned officers of the State military forces; and</text> </level> <level label="2"> <text>officers in charge only when administering nonjudicial punishment under § 13A–301 of this code.</text> </level> </level> <level label="g"> <text>“Convening authority” includes:</text> <level label="1"> <text>the person who convened the court; and</text> </level> <level label="2"> <level label="i"> <text>a commissioned officer commanding for the time being; or</text> </level> <level label="ii"> <text>a successor in command to the convening authority.</text> </level> </level> </level> <level label="h"> <text>“Day” means:</text> <level label="1"> <text>calendar day and is not synonymous with the term “unit training assembly”; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="i"> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“Duty status other than State active duty” includes travel to and from such duty.</text> </level> </level> <level label="j"> <text>“Enlisted member” means a person in an enlisted grade.</text> </level> <level label="k"> <text>“Judge advocate” means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:</text> <level label="1"> <level label="i"> <text>certified or designated as a judge advocate in the Judge Advocate General’s Corps of the armed forces or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or</text> </level> <level label="ii"> <text>certified as a non–federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the State military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="l"> <text>“Military court” means:</text> <level label="1"> <text>a court–martial; or</text> </level> <level label="2"> <text>a court of inquiry.</text> </level> </level> <level label="m"> <text>“Military judge” means an official of a general or special court–martial detailed in accordance with § 13A–505 of this title.</text> </level> <level label="n"> <text>“Military offenses” means the offenses prescribed under the punitive provisions of the code.</text> </level> <level label="o"> <text>“National security” means the national defense and foreign relations of the United States.</text> </level> <level label="p"> <text>“Officer” means a commissioned or warrant officer.</text> </level> <level label="q"> <text>“Record”, when used in connection with the proceedings of a court–martial, means:</text> <level label="1"> <text>an official written transcript, written summary, or other writing relating to the proceedings; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="r"> <text>“Senior force commander” means the commander of the same force of the State military forces as the accused.</text> </level> <level label="s"> <text>“Senior force judge advocate” means the senior judge advocate of the commander of the same force of the State military forces as the accused and who is that commander’s chief legal advisor.</text> </level> <level label="t"> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“State active duty” includes travel to and from such duty.</text> </level> </level> <level label="u"> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“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.</text> </level> </level> <level label="v"> <text>“Superior commissioned officer” means a commissioned officer superior in rank or command.</text> </level> <level label="w"> <text>“Victim of an offense under this code” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this code.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-102" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <text>This title applies to all members of the State military forces at all times.</text> </level> <level label="b"> <level label="1"> <text>Subject matter jurisdiction is established if a nexus exists between an offense, either military or non–military, and the State military force.</text> </level> <level label="2"> <text>Courts–martial have primary jurisdiction of military offenses.</text> </level> <level label="3"> <level label="i"> <text>A proper civilian court has primary jurisdiction of a non–military offense when an act or omission violates both this title and local criminal law, foreign or domestic.</text> </level> <level label="ii"> <text>In a case described in subparagraph (i) of this paragraph, a court–martial may be initiated only after the civilian authority declined to prosecute or dismissed the charge, provided jeopardy has not attached.</text> </level> </level> <level label="4"> <text>Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-103" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>No person who has deserted from the State military forces may be relieved from amenability to the jurisdiction of this title by virtue of a separation from any later period of service.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-104" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Offenses committed outside the State may be tried and punished either inside or outside the State.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-105" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <text>The senior force judge advocates in each of the State military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.</text> </level> <level label="b"> <level label="1"> <text>Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>A person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness in a case may not later act as a judge advocate to a reviewing authority on the same case.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-106" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="1" subtitle_name="General Provisions"> <level label="a"> <text>A victim of an offense under this title has all rights conferred by State law in non–military courts, including:</text> <level label="1"> <text>the right to be reasonably protected from the accused;</text> </level> <level label="2"> <text>the right to reasonable, accurate, and timely notice provided by military trial counsel of:</text> <level label="i"> <text>a public hearing concerning the continuation of confinement prior to trial of the accused;</text> </level> <level label="ii"> <text>a preliminary hearing under § 13A–603 of this title relating to the offense;</text> </level> <level label="iii"> <text>a court–martial relating to the offense, including all related motions, hearings, pleas, sentencing hearings, alterations or suspension, and all related filed documents, including those related to § 13A–606 of this title;</text> </level> <level label="iv"> <text>a public proceeding of the service clemency and parole board relating to the offense; and</text> </level> <level label="v"> <text>the release or escape of the accused, unless such notice may endanger the safety of any person;</text> </level> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>the right to be reasonably heard at:</text> <level label="i"> <text>a public hearing concerning the continuation of confinement prior to trial of the accused;</text> </level> <level label="ii"> <text>a sentencing hearing relating to the offense;</text> </level> <level label="iii"> <text>a proceeding involving clemency and parole related to the offense; and</text> </level> <level label="iv"> <text>any public military proceedings, including appeals, in connection with the victim’s legal rights where those rights are implicated;</text> </level> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>the right to receive full restitution before a forfeiture may be received by the military as provided by law;</text> </level> <level label="7"> <text>the right to proceedings free from unreasonable delay; and</text> </level> <level label="8"> <text>the right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this title.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The individual designated under paragraph (1) of this subsection may not be the accused.</text> </level> </level> <level label="c"> <text>Nothing in this section may be construed:</text> <level label="1"> <text>to authorize a cause of action for damages;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>to impair the exercise of discretion under § 13A–601 or § 13A–605 of this title.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>Paragraph (1) of this subsection applies to the protections afforded by:</text> <level label="i"> <text>this subtitle;</text> </level> <level label="ii"> <text>§ 13A–603 of this title;</text> </level> <level label="iii"> <text>Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background;</text> </level> <level label="iv"> <text>Military Rule of Evidence 513, relating to the psychotherapist–patient privilege;</text> </level> <level label="v"> <text>Military Rule of Evidence 514, relating to the victim advocate–victim privilege; and</text> </level> <level label="vi"> <text>Military Rule of Evidence 615, relating to the exclusion of witnesses.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-201" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Apprehend” means to take a person into custody.</text> </level> <level label="c"> <text>“Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.</text> </level> <level label="d"> <text>“Confinement” means the physical restraint of a person.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-202" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <text>A person authorized by this title or by 10 U.S.C. 47, or by regulations issued under either, to apprehend persons subject to this title, a marshal of a court–martial appointed pursuant to the provisions of this title, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so on probable cause that an offense has been committed and that the person apprehended committed it.</text> </level> <level label="b"> <text>Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this title and to apprehend persons subject to this title who take part therein.</text> </level> <level label="c"> <text>If an offender is apprehended outside the State, the offender’s return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.</text> </level> <level label="d"> <text>No person authorized by this section to apprehend persons subject to this title or the place where such offender is confined, restrained, held, or otherwise housed may require payment of a fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.</text> </level> <level label="e"> <text>A civil officer having authority to apprehend offenders under the laws of the United States or the State, or a military officer or noncommissioned officer subject to this title who has been authorized by the Governor by regulation or with the authority of the Adjutant General may summarily apprehend a person subject to this title and deliver the person into the custody of the State military forces.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-203" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The authority to order such persons into arrest or confinement may not be delegated.</text> </level> </level> <level label="c"> <text>No person may be ordered into arrest or confinement except for probable cause.</text> </level> <level label="d"> <text>This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-204" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <text>A person subject to this title charged with an offense under this title may be ordered into arrest or confinement, as circumstances may require.</text> </level> <level label="b"> <text>When a person subject to this title is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-205" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <text>If a person subject to this title is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.</text> </level> <level label="b"> <text>No person authorized to receive prisoners pursuant to subsection (a) of this section may refuse to receive or keep a prisoner committed to the person’s charge by a commissioned officer of the State military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.</text> </level> <level label="c"> <text>Every person authorized to receive prisoners pursuant to subsection (a) of this section to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.</text> </level> <level label="d"> <text>Civilian confinement facilities may not charge the State military forces for the cost of detaining the person so long as the confinement is less than 10 days.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-206" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <text>No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement on the charges pending against the person, nor shall the arrest or confinement imposed on such person be any more rigorous than the circumstances required to ensure the person’s presence, but the person may be subjected to minor punishment during that period for infractions of discipline.</text> </section> <section article="gps" article_name="Public Safety" number="13A-207" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="2" subtitle_name="Apprehension and Restraint"> <level label="a"> <text>A person subject to this title accused of an offense against civil authority may be delivered, on request, to the civil authority for trial or confinement.</text> </level> <level label="b"> <text>When delivery under this section is made to a civil authority of a person undergoing sentence of a court–martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court–martial, and the offender after having answered to the civil authorities for the offense shall, on the request of competent military authority, be returned to the place of original custody for the completion of the person’s sentence.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-301" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="3" subtitle_name="Non–judicial Punishment"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>A commanding officer may impose on enlisted members of the officer’s command:</text> <level label="1"> <text>an admonition;</text> </level> <level label="2"> <text>a reprimand;</text> </level> <level label="3"> <text>the withholding of privileges for not more than 6 months, which need not be consecutive;</text> </level> <level label="4"> <text>the forfeiture of pay of not more than 7 days’ pay;</text> </level> <level label="5"> <text>a fine of not more than 7 days’ pay;</text> </level> <level label="6"> <text>a reduction to the next inferior pay grade, if the soldier or airman is in the rank of E–4 or below;</text> </level> <level label="7"> <text>extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive; or</text> </level> <level label="8"> <text>restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.</text> </level> </level> <level label="c"> <text>A commanding officer of the grade of major or above may impose on enlisted members of the officer’s command:</text> <level label="1"> <text>any punishment authorized in subsection (b)(1), (2), or (3) of this section;</text> </level> <level label="2"> <text>the forfeiture of not more than one–half of 1 month’s pay per month for 2 months;</text> </level> <level label="3"> <text>a fine of not more than 1 month’s pay;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>extra duties, including fatigue or other duties, for not more than 45 days, which need not be consecutive; or</text> </level> <level label="6"> <text>restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.</text> </level> </level> <level label="d"> <text>The Governor, the Adjutant General, an officer exercising general court–martial convening authority, or an officer of a general or flag rank in command may impose:</text> <level label="1"> <text>on officers of the officer’s command:</text> <level label="i"> <text>any punishment authorized in subsection (c)(1), (2), (3), or (6) of this section; or</text> </level> <level label="ii"> <text>arrest in quarters for not more than 30 days, which need not be consecutive; or</text> </level> </level> <level label="2"> <text>on enlisted members of the officer’s command:</text> <level label="i"> <text>any punishment authorized in subsection (c) of this section; or</text> </level> <level label="ii"> <text>a reduction to the lowest or any intermediate pay grade, if the soldier or airman is in the rank of E–9 or below, but an enlisted member in a pay grade above E–4 may not be reduced more than two pay grades.</text> </level> </level> </level> <level label="e"> <text>Whenever any punishments are combined to run consecutively, the total length of the combined punishment may not exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="g"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The officer may also:</text> <level label="i"> <text>mitigate reduction in grade to forfeiture of pay;</text> </level> <level label="ii"> <text>mitigate arrest in quarters to restriction; or</text> </level> <level label="iii"> <text>mitigate extra duties to restriction.</text> </level> </level> <level label="3"> <level label="i"> <text>The mitigated punishment may not be for a greater period than the punishment mitigated.</text> </level> <level label="ii"> <text>When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="j"> <text>Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.</text> </level> <level label="k"> <text>Regulations may prescribe the form of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-401" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="4" subtitle_name="Court–martial Jurisdiction"> <level label="a"> <text>The three kinds of courts–martial are:</text> <level label="1"> <text>general courts–martial, as described in subsection (b) of this section;</text> </level> <level label="2"> <text>special courts–martial, as described in subsection (c) of this section; and</text> </level> <level label="3"> <text>summary courts–martial, as described in subsection (d) of this section.</text> </level> </level> <level label="b"> <text>A general court–martial consists of:</text> <level label="1"> <text>a military judge and not less than eight members; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>A special court–martial consists of:</text> <level label="1"> <text>a military judge and not less than four members; or</text> </level> <level label="2"> <text>a military judge alone:</text> <level label="i"> <text>if the case is so referred by the convening authority, subject to § 13A–404 of this subtitle; or</text> </level> <level label="ii"> <text>if the case is referred under item (1) of this subsection and, 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 of a military judge alone and the military judge approves the request.</text> </level> </level> </level> <level label="d"> <text>A summary court–martial consists of one commissioned officer.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-402" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="4" subtitle_name="Court–martial Jurisdiction"> <level label="a"> <text>Each component of the State military forces has court–martial jurisdiction over all members of the particular component who are subject to this title.</text> </level> <level label="b"> <text>The Maryland Army and Maryland Air National Guard have court–martial jurisdiction over all members subject to this title.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-403" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="4" subtitle_name="Court–martial Jurisdiction"> <text>Subject to § 13A–402 of this subtitle, general courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title.</text> </section> <section article="gps" article_name="Public Safety" number="13A-404" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="4" subtitle_name="Court–martial Jurisdiction"> <level label="a"> <text>Subject to § 13A–402 of this subtitle, special courts–martial have jurisdiction to try persons subject to this title for any offense made punishable by this title, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:</text> <level label="1"> <text>dishonorable discharge;</text> </level> <level label="2"> <text>dismissal;</text> </level> <level label="3"> <text>confinement for more than 1 year;</text> </level> <level label="4"> <text>forfeiture of pay exceeding two–thirds pay per month; or</text> </level> <level label="5"> <text>forfeiture of pay for more than 1 year.</text> </level> </level> <level label="b"> <text>A bad–conduct discharge, a confinement for more than 6 months, or a forfeiture of pay for more than 6 months may not be adjudged if charges and specifications are referred to a special courts–martial consisting of a military judge alone under § 13A–401 of this subtitle.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-405" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="4" subtitle_name="Court–martial Jurisdiction"> <level label="a"> <text>Subject to § 13A–402 of this subtitle, summary courts–martial have jurisdiction to try persons subject to this title, except officers, cadets, and candidates for an offense made punishable by this title under such limitations as the Governor may prescribe.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Summary courts–martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this title except:</text> <level label="i"> <text>dismissal;</text> </level> <level label="ii"> <text>dishonorable or bad–conduct discharge;</text> </level> <level label="iii"> <text>confinement for more than 1 month;</text> </level> <level label="iv"> <text>restriction to specified limits for more than 2 months; or</text> </level> <level label="v"> <text>forfeiture of more than two–thirds of 1 month’s pay.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A summary court–martial is a noncriminal forum.</text> </level> <level label="2"> <text>A finding of guilty at a summary court–martial does not constitute a criminal conviction.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-501" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <text>A general court–martial may be convened by:</text> <level label="1"> <text>the Governor; or</text> </level> <level label="2"> <text>the Adjutant General.</text> </level> </level> <level label="b"> <text>If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-502" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <text>A special court–martial may be convened by:</text> <level label="1"> <text>a person who may convene a general court–martial;</text> </level> <level label="2"> <text>the commanding officer of a garrison, fort, post, camp, station, or Air National Guard base;</text> </level> <level label="3"> <text>the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;</text> </level> <level label="4"> <text>the commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or</text> </level> <level label="5"> <text>the commanding officer or officer in charge of any other command when empowered by the Adjutant General.</text> </level> </level> <level label="b"> <text>If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-503" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <text>A summary court–martial may be convened by:</text> <level label="1"> <text>a person who may convene a general or special court–martial;</text> </level> <level label="2"> <text>the commanding officer of a detached company or other detachment, or corresponding unit of the Army;</text> </level> <level label="3"> <text>the commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or</text> </level> <level label="4"> <text>the commanding officer or officer in charge of any other command when empowered by the Adjutant General.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>A summary court–martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-504" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <text>A commissioned officer of the State military forces is eligible to serve on all courts–martial for the trial of a person subject to this title.</text> </level> <level label="b"> <text>A warrant officer of the State military forces is eligible to serve on general and special courts–martial for the trial of a person subject to this title, other than a commissioned officer.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>After such a request, the accused may not be tried by a general or special court–martial, the membership of which does not include enlisted members in a number equal to at least one–third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies.</text> </level> <level label="ii"> <text>If such members cannot be obtained, the court may be assembled and the trial held without the members, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained.</text> </level> </level> </level> <level label="d"> <text>When it can be avoided, a person subject to this title may not be tried by a court–martial, any member of which is junior to the accused in rank or grade.</text> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The convening authority may delegate the authority under this subsection to a judge advocate or to another principal assistant.</text> </level> </level> <level label="g"> <text>The accused in a court–martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-505" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <level label="1"> <text>A military judge shall be detailed to each general and special court–martial by the senior military judge in the State.</text> </level> <level label="2"> <text>The military judge shall preside over each open session of the court–martial to which the military judge has been detailed.</text> </level> </level> <level label="b"> <text>A military judge shall be:</text> <level label="1"> <text>an active or retired commissioned officer of an organized state military force;</text> </level> <level label="2"> <text>a member in good standing of the bar of the Court of Appeals of Maryland; and</text> </level> <level label="3"> <text>certified as qualified for duty as a military judge by the senior force judge advocate that is the same force as the accused.</text> </level> </level> <level label="c"> <text>The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.</text> </level> <level label="d"> <text>A person is not eligible to act as military judge in a case if the person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.</text> </level> <level label="e"> <text>The military judge of a court–martial may not:</text> <level label="1"> <text>consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel; or</text> </level> <level label="2"> <text>vote with the members of the court.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-506" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <level label="1"> <text>For each general and special court–martial, the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate.</text> </level> <level label="2"> <level label="i"> <text>A person who has acted as investigating officer, military judge, witness, or court member in a case may not act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case.</text> </level> <level label="ii"> <text>A person who has acted for the prosecution may not act later in the same case for the defense, nor may a person who has acted for the defense act later in the same case for the prosecution.</text> </level> </level> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, trial counsel or defense counsel detailed for a general or special court–martial must be:</text> <level label="1"> <text>a judge advocate, as defined in § 13A–101 of this title; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:</text> <level label="1"> <level label="i"> <text>a commissioned officer of the armed forces or a component thereof;</text> </level> <level label="ii"> <text>a member in good standing of the bar of the highest court of a state; and</text> </level> <level label="iii"> <text>certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, Space Force, or Marine Corps; or</text> </level> </level> <level label="2"> <text>a judge advocate as defined in § 13A–101 of this title.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-507" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <text>Under such regulations as may be adopted, the convening authority of a general or special court–martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.</text> </section> <section article="gps" article_name="Public Safety" number="13A-508" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="5" subtitle_name="Appointment and Composition of Courts–martial"> <level label="a"> <text>A member of a general or special court–martial may not be absent or excused after the court has been assembled for the trial of the accused unless excused:</text> <level label="1"> <text>as a result of a challenge;</text> </level> <level label="2"> <text>by the military judge for physical disability or other good cause; or</text> </level> <level label="3"> <text>by order of the convening authority for good cause.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>If the military judge of a court–martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of § 13A–401 of this title, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.</text> </level> <level label="e"> <text>In addition to members, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-601" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <text>Charges and specifications shall be signed by a person subject to this title under oath before a commissioned officer authorized by § 13A–1102 of this title to administer oaths and shall state:</text> <level label="1"> <text>that the signer has personal knowledge of, or has investigated, the matters set forth therein; and</text> </level> <level label="2"> <text>that they are true in fact to the best of the signer’s knowledge and belief.</text> </level> </level> <level label="b"> <text>On the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-602" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <text>Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court–martial in accordance with regulations prescribed by § 13A–701 of this title:</text> <level label="1"> <text>pre–referral investigative subpoenas;</text> </level> <level label="2"> <text>pre–referral warrants or orders for electronic communications;</text> </level> <level label="3"> <text>pre–referral matters referred by an appellate court;</text> </level> <level label="4"> <text>pre–referral matters under § 13A–603(c) or (d) of this subtitle; or</text> </level> <level label="5"> <text>arrest warrants when probable cause exists to believe a military member committed a crime as described under the punitive provisions.</text> </level> </level> <level label="b"> <text>The regulations prescribed under subsection (a) of this section shall:</text> <level label="1"> <text>include procedures for the review of such rulings that may be ordered under this section as the adjutant general considers appropriate; and</text> </level> <level label="2"> <text>provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.</text> </level> </level> <level label="c"> <text>If a matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court–martial, the matter shall be transferred to the military judge detailed to the court–martial.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-603" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <text>A person subject to this title may not compel another person to self–incriminate or to answer a question the answer to which may tend to incriminate the person.</text> </level> <level label="b"> <text>A person subject to this title may not interrogate or request a statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make a statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court–martial.</text> </level> <level label="c"> <text>A person subject to this title may not compel another person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue and may tend to degrade the person.</text> </level> <level label="d"> <text>A statement obtained from a person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement may not be received in evidence against the person in a trial by court–martial.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-604" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <text>In this section, “victim” means a person who:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>is named in one of the specifications.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>This investigation shall include:</text> <level label="i"> <text>inquiry as to the truth of the matter set forth in the charges;</text> </level> <level label="ii"> <text>consideration of the form of charges; and</text> </level> <level label="iii"> <text>a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The accused shall be advised of the charges against the accused and of the right to be represented at the investigation by counsel.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="e"> <text>If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:</text> <level label="1"> <text>present at the investigation;</text> </level> <level label="2"> <text>informed of the nature of each uncharged offense investigated; and</text> </level> <level label="3"> <text>afforded the opportunities for representation, cross–examination, and presentation prescribed in subsection (b) of this section.</text> </level> </level> <level label="f"> <text>The requirements of this section are binding on all persons administering this title, but failure to follow the requirements does not constitute jurisdictional error.</text> </level> <level label="g"> <text>Under regulations prescribed by § 13A–701 of this title, a preliminary hearing need not be held if the accused submits a written waiver to the convening authority and the convening authority determines that a hearing is not required.</text> </level> <level label="h"> <level label="1"> <text>A preliminary hearing under this section shall be conducted by an impartial hearing officer, who:</text> <level label="i"> <text>whenever practicable, shall be a judge advocate who is certified under § 13A–506 of this title; or</text> </level> <level label="ii"> <text>when it is not practicable to appoint a judge advocate because of exceptional circumstances, is not a judge advocate so certified.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="i"> <text>After a preliminary hearing under this section, the hearing officer shall submit to the convening authority a written report, accompanied by a recording of the preliminary hearing under subsection (k) of this section, that includes the following:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>recommendations for any necessary modifications to the form of the charges or specifications;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>a statement of action taken on evidence adduced with respect to uncharged offenses, as described in subsection (l) of this section.</text> </level> </level> <level label="j"> <level label="1"> <level label="i"> <text>The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under this section.</text> </level> <level label="ii"> <text>The accused has the right to be represented at the preliminary hearing as provided in § 13A–703 of this title and in regulations prescribed under that section.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <level label="i"> <text>A victim may not be required to testify at the preliminary hearing.</text> </level> <level label="ii"> <level label="1"> <text>A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing.</text> </level> <level label="2"> <text>A declination under this paragraph may not serve as the sole basis for ordering a deposition under § 13A–714 of this title.</text> </level> </level> </level> <level label="4"> <text>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.</text> </level> </level> <level label="k"> <level label="1"> <text>A preliminary hearing under subsection (b) of this section shall be recorded by a suitable recording device.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="l"> <text>If evidence adduced in a preliminary hearing under subsection (b) of this section indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused is:</text> <level label="1"> <text>present at the preliminary hearing;</text> </level> <level label="2"> <text>informed of the nature of each uncharged offense considered; and</text> </level> <level label="3"> <text>afforded the opportunities for representation, cross–examination, and presentation consistent with subsection (i) of this section.</text> </level> </level> <level label="m"> <level label="1"> <text>The requirements of this section are binding on all persons administering this title, but failure to follow the requirements does not constitute jurisdictional error.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-605" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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:</text> <level label="i"> <text>the specification alleges an offense under this title;</text> </level> <level label="ii"> <text>the specification is warranted by the evidence indicated in the report of investigation under § 13A–603 of this subtitle if there is such a report; and</text> </level> <level label="iii"> <text>a court–martial would have jurisdiction over the accused and the offense.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>expressing conclusions with respect to each matter set forth in subsection (a) of this section; and</text> </level> <level label="ii"> <text>recommending action that the convening authority take regarding the specification.</text> </level> </level> <level label="2"> <text>If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.</text> </level> </level> <level label="c"> <text>If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-606" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="6" subtitle_name="Pre–trial Procedure"> <level label="a"> <text>Trial counsel detailed for a court–martial under § 13A–506 of this title shall cause to be served on the accused a copy of the charges and specifications referred for trial.</text> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>with respect to a general court–martial, from the time of service through the fifth day after the date of service; or</text> </level> <level label="ii"> <text>with respect to a special court–martial, from the time of service through the third day after the date of service.</text> </level> </level> <level label="2"> <level label="i"> <text>An objection under paragraph (1) of this subsection may be raised only at the first session of the trial or other proceeding and only if the first session occurs before the end of the applicable period under paragraph (1)(i) or (ii) of this subsection.</text> </level> <level label="ii"> <text>If the first session occurs before the end of the applicable period, the military judge shall, at that session, inquire as to whether the defense objects under this subsection.</text> </level> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-701" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>The Military Rules of Evidence and the Rules for Courts–Martial, as promulgated in the most recent version of the Manual for Courts–Martial, shall as recognized in military criminal cases in the courts of the armed forces apply to the extent practical to courts–martial convened by the Maryland National Guard to the extent they do not conflict with State substantive law.</text> </level> <level label="b"> <text>The Governor may adopt supplemental regulations to govern matters not provided for in the Manual for Courts–Martial.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-702" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Paragraphs (1) and (2) of this subsection do not apply with respect to:</text> <level label="i"> <text>general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts–martial; or</text> </level> <level label="ii"> <text>to statements and instructions given in open court by the military judge, summary court–martial officer, or counsel.</text> </level> </level> </level> <level label="b"> <text>In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the State military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the State military forces, or in determining whether a member of the State military forces should be retained on active status, no person subject to this title may, in preparing any such report:</text> <level label="1"> <text>consider or evaluate the performance of duty of any such member as a member of a court–martial or witness therein; or</text> </level> <level label="2"> <text>give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court–martial.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-703" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>The trial counsel of a general or special court–martial shall:</text> <level label="1"> <text>be a member in good standing of the State bar;</text> </level> <level label="2"> <text>prosecute in the name of the State; and</text> </level> <level label="3"> <text>under the direction of the court, prepare the record of the proceedings.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The accused may be represented by civilian counsel at the provision and expense of the accused.</text> </level> <level label="3"> <text>The accused may be represented by military counsel:</text> <level label="i"> <text>detailed under § 13A–506 of this title; or</text> </level> <level label="ii"> <text>of the accused’s own selection if that counsel is reasonably available as determined under paragraph (7) of this subsection.</text> </level> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the accused is not entitled to be represented by more than one military counsel.</text> </level> <level label="ii"> <text>The person authorized under regulations adopted under § 13A–506 of this title to detail counsel, in that person’s sole discretion:</text> <level label="1"> <text>may detail additional military counsel as assistant defense counsel; and</text> </level> <level label="2"> <text>if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, may approve a request from the accused that military counsel detailed under paragraph (3)(i) of this subsection act as associate defense counsel.</text> </level> </level> </level> <level label="7"> <text>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.</text> </level> </level> <level label="c"> <text>In any court–martial proceeding resulting in a conviction, the defense counsel:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>may assist the accused in the submission of any matter under § 13A–902 of this title; and</text> </level> <level label="3"> <text>may take other action authorized by this title.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-704" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>At any time after the service of charges that have been referred for trial to a court–martial composed of a military judge and members, the military judge may, subject § 13A–606 of this title, call the court into session without the presence of the members for the purpose of:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>holding the arraignment and receiving the pleas of the accused;</text> </level> <level label="4"> <text>conducting a sentencing proceeding and sentencing the accused under § 13A–718 of this subtitle; and</text> </level> <level label="5"> <text>performing any other procedural function that does not require the presence of the members of the court under this title.</text> </level> </level> <level label="b"> <text>Proceedings conducted under subsection (a) of this section:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>may be conducted notwithstanding the number of court members and without regard to § 13A–508 of this title.</text> </level> </level> <level label="c"> <level label="1"> <text>When the members of a court–martial deliberate or vote, only the members may be present.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-705" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <text>The military judge of a court–martial or a summary court–martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.</text> </section> <section article="gps" article_name="Public Safety" number="13A-706" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <level label="i"> <text>The military judge and members of a general or special court–martial may be challenged by the accused or the trial counsel for cause stated to the court.</text> </level> <level label="ii"> <text>The military judge shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time.</text> </level> <level label="iii"> <text>Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.</text> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, if exercise of a challenge for cause reduces the court below the number of members required by § 13A–401 of this title, all parties shall, notwithstanding § 13A–508 of this title, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court.</text> </level> <level label="ii"> <text>Peremptory challenges may not be exercised at that time.</text> </level> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court.</text> </level> <level label="ii"> <text>The military judge may not be challenged except for cause.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-707" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>Each witness before a court–martial shall be examined under oath or affirmation.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-708" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>A person charged with absence without leave or missing movement in time of war, murder, rape or sexual assault, or rape or sexual assault of a child may be punished at any time without limitation.</text> </level> <level label="b"> <text>Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by court–martial or punished under § 13A–301 of this title if the offense was committed more than 5 years before:</text> <level label="1"> <text>the receipt of sworn charges and specifications by an officer exercising court–martial jurisdiction over the command; or</text> </level> <level label="2"> <text>the imposition of punishment under § 13A–301 of this title.</text> </level> </level> <level label="c"> <text>Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section.</text> </level> <level label="d"> <text>Periods in which the accused was absent from territory in which the State has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.</text> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The conditions referred to in paragraph (1) of this subsection are that the new charges and specifications must:</text> <level label="i"> <text>be received by an officer exercising summary court–martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and</text> </level> <level label="ii"> <text>allege the same acts or omissions that were alleged or included in the dismissed charges or specifications.</text> </level> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-709" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>A person may not, without the consent of the person, be tried a second time for the same offense.</text> </level> <level label="b"> <text>A proceeding in which an accused has been found guilty by a court–martial on any charge or specification is not a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-710" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>A variance from the requirements of this section is harmless error if the variance does not materially prejudice the substantial rights of the accused.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-711" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>The trial counsel, the defense counsel, and the court–martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law.</text> </level> <level label="b"> <level label="1"> <text>Any subpoena or other process issued under this title will pertain only to military personnel or military property.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The form of a subpoena shall contain:</text> <level label="i"> <text>the caption of the action;</text> </level> <level label="ii"> <text>the name and address of the person to whom it is directed;</text> </level> <level label="iii"> <text>the name of the person at whose request it is issued;</text> </level> <level label="iv"> <text>the date, time, and place where attendance is required;</text> </level> <level label="v"> <text>a description of any documents, recordings, photographs, or other tangible things to be produced;</text> </level> <level label="vi"> <text>the date of issuance and an expiration date, which shall be 60 days after the date of issuance; and</text> </level> <level label="vii"> <text>a statement that the subpoena may be served within 60 days after its issuance and may not be served thereafter.</text> </level> </level> <level label="4"> <text>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.</text> </level> </level> <level label="c"> <text>A subpoena or other process may be issued to compel a witness to appear and testify:</text> <level label="1"> <text>before a court–martial, military commission, or court of inquiry;</text> </level> <level label="2"> <text>at a deposition under § 13A–714 of this subtitle; or</text> </level> <level label="3"> <text>as otherwise authorized under this title.</text> </level> </level> <level label="d"> <level label="1"> <text>A subpoena or other process may be issued to compel the production of evidence:</text> <level label="i"> <text>for a court–martial, or court of inquiry;</text> </level> <level label="ii"> <text>for a deposition under § 13A–714 of this subtitle;</text> </level> <level label="iii"> <text>for an investigation of an offense under this title; or</text> </level> <level label="iv"> <text>as otherwise authorized under this title.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="e"> <text>If a person requests relief from a subpoena or other process under this section on grounds that compliance is unreasonable or oppressive or is prohibited by law, a military judge detailed in accordance with § 13A–505 or § 13A–602 of this title shall review the request and shall:</text> <level label="1"> <text>order that the subpoena or other process be modified or withdrawn, as appropriate; or</text> </level> <level label="2"> <text>order the person to comply with the subpoena or other process.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-712" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <text>A person not subject to this title may be punished by a State court of competent jurisdiction if the person:</text> <level label="1"> <text>has been duly subpoenaed to appear as a witness or to produce books and records before a court–martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court;</text> </level> <level label="2"> <text>has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State; and</text> </level> <level label="3"> <text>willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence that the person may have been legally subpoenaed to produce.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-713" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>A military judge or summary court–martial officer may punish for contempt a person who uses any menacing word, sign, or gesture in the judge’s or officer’s presence, or who disturbs the proceedings by riot or disorder.</text> </level> <level label="b"> <text>A person subject to this title may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both.</text> </level> <level label="c"> <text>A person not subject to this title may be punished by a State court of competent jurisdiction at the request of the military judge.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-714" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>At any time after charges have been signed as provided in § 13A–601 of this title, any party may take oral or written depositions unless the military judge or summary court–martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court–martial for the trial of those charges forbids it for good cause.</text> </level> <level label="b"> <text>The party at whose insistence a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.</text> </level> <level label="c"> <text>Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.</text> </level> <level label="d"> <text>A duly authenticated deposition taken on reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>that the present whereabouts of the witness are unknown.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <text>A deposition order under subsection (a) of this section does not control the admissibility of the deposition in a court–martial or other proceeding under this title.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-715" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Testimony described in paragraph (1) of this subsection may be read in evidence:</text> <level label="i"> <text>by the defense in cases extending to the dismissal of a commissioned officer; and</text> </level> <level label="ii"> <text>before a court of inquiry.</text> </level> </level> </level> <level label="b"> <text>Sworn testimony that is recorded by audiotape, videotape, or similar method and is contained in the duly authenticated record of proceedings of a court of inquiry is admissible before a court–martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-715.1" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Mental disease or defect does not otherwise constitute a defense.</text> </level> </level> <level label="b"> <text>Procedures for the defense of lack of mental responsibility will be governed by the rules of use of courts–martial to the extent they do not conflict with State substantive law.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-716" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>Voting by members of a general or special court–martial on the findings and on the sentence shall be by secret written ballot.</text> </level> <level label="2"> <text>The junior member of the court shall count the votes.</text> </level> <level label="3"> <text>The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.</text> </level> </level> <level label="b"> <level label="1"> <text>The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, any such ruling made by the military judge on any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court.</text> </level> <level label="ii"> <text>The military judge may change the ruling at any time during the trial.</text> </level> </level> <level label="3"> <text>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.</text> </level> </level> <level label="c"> <text>Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge that:</text> <level label="1"> <text>the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond a reasonable doubt;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>the burden of proof to establish the guilt of the accused beyond reasonable doubt is on the State.</text> </level> </level> <level label="d"> <level label="1"> <text>Subsections (a), (b), and (c) of this section do not apply to a court–martial composed of a military judge only.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-717" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>A person may not be convicted of an offense in a general or special court–martial, other than:</text> <level label="1"> <text>after a plea of guilty under § 13A–710 of this subtitle;</text> </level> <level label="2"> <text>by a military judge in a court–martial with a military judge alone under § 13A–401 of this title; or</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-718" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <text>A court–martial shall announce its findings and sentence to the parties as soon as determined.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The sentence determined under this subsection constitutes the sentence of the accused.</text> </level> </level> <level label="c"> <text>If the accused is convicted of an offense in a trial by summary court–martial, the court–martial shall sentence the accused.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-718.1" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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:</text> <level label="i"> <text>the manner in which the convening authority will dispose of one or more charges and specifications; and</text> </level> <level label="ii"> <text>limitations on the sentence that may be adjudged for one or more charges and specifications.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>The military judge of a general or special court–martial shall reject a plea agreement that:</text> <level label="1"> <text>contains a provision that has not been accepted by both parties;</text> </level> <level label="2"> <text>contains a provision that is not understood by the accused;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>is prohibited by law; or</text> </level> <level label="5"> <text>is contrary to, or is inconsistent with, a regulation prescribed by the president with respect to terms, conditions, or other aspects of plea agreements.</text> </level> </level> <level label="c"> <text>With respect to an offense referred to in § 13A–802 of this title:</text> <level label="1"> <text>the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>On acceptance by the military judge of a general or special court–martial, a plea agreement shall bind the parties and the court–martial.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-719" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="7" subtitle_name="Trial Procedure"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court–martial case resulting in a conviction.</text> </level> <level label="2"> <text>In all other court–martial cases, the record shall contain such matters as may be prescribed by regulations.</text> </level> </level> <level label="c"> <text>Each summary court–martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations.</text> </level> <level label="d"> <text>A copy of the record of the proceedings of each general and special court–martial shall be given to the accused as soon as it is authenticated.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-801" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <text>Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court–martial or inflicted on any person subject to this title.</text> </level> <level label="b"> <text>The use of irons, single or double, except for the purpose of safe custody, is prohibited.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-802" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>A conviction by general court–martial of any military offense for which an accused may receive a sentence of confinement for more than 1 year is a felony offense.</text> </level> <level label="ii"> <text>Except for convictions by a summary court–martial, all other military offenses are misdemeanors.</text> </level> </level> <level label="3"> <text>A conviction by a summary court–martial is not a criminal conviction.</text> </level> </level> <level label="b"> <text>The limits of punishment for violations of the punitive provisions prescribed herein shall be lesser of the sentences prescribed by the Manual for Courts–Martial of the United States in effect on January 1, 2020, but in no instance shall any punishment exceed that authorized by this title.</text> </level> <level label="c"> <level label="1"> <text>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:</text> <level label="i"> <text>the nature and circumstances of the offense and the history and characteristics of the accused;</text> </level> <level label="ii"> <text>the impact of the offense on:</text> <level label="1"> <text>the financial, social, psychological, or medical well–being of any victim of the offense; and</text> </level> <level label="2"> <text>the mission, discipline, or efficiency of the command of the accused and any victim of the offense;</text> </level> </level> <level label="iii"> <text>the need for the sentence:</text> <level label="1"> <text>to reflect the seriousness of the offense;</text> </level> <level label="2"> <text>to promote respect for the law;</text> </level> <level label="3"> <text>to provide just punishment for the offense;</text> </level> <level label="4"> <text>to promote adequate deterrence of misconduct;</text> </level> <level label="5"> <text>to protect others from further crimes by the accused;</text> </level> <level label="6"> <text>to rehabilitate the accused; and</text> </level> <level label="7"> <text>to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and</text> </level> </level> <level label="iv"> <text>the sentences available under this title.</text> </level> </level> <level label="2"> <level label="i"> <text>In announcing the sentence in a general or special court–martial in which the accused is sentenced by a military judge alone under § 13A–718 of this title, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any.</text> </level> <level label="ii"> <text>If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.</text> </level> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>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:</text> <level label="i"> <text>the sentence violates the law; or</text> </level> <level label="ii"> <text>the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the Manual for Courts–Martial or regulations authorized under § 13A–701 of this title.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-803" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>A forfeiture may not extend to any pay or allowances accrued before the date specified in paragraph (1) of this subsection.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.</text> </level> </level> <level label="c"> <text>All other sentences of courts–martial are effective on the date ordered executed.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-804" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The deferment shall terminate when the sentence is ordered executed.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection applies to a person subject to this title who:</text> <level label="i"> <text>while in the custody of a state, the United States, or a foreign country, is temporarily returned by that state, the United States, or a foreign country to the State military forces for trial by court–martial; and</text> </level> <level label="ii"> <text>after the court–martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.</text> </level> </level> </level> <level label="c"> <text>In a case in which a court–martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under § 13A–908 of this title is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-805" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.</text> </level> </level> <level label="b"> <text>The omission of hard labor as a sentence authorized under this title does not deprive the State confinement facility from employing it if hard labor is otherwise within the authority of that facility to do so.</text> </level> <level label="c"> <text>No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-806" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <text>A court–martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad–conduct discharge or confinement reduces that member to pay grade E–1, effective on the date of that approval.</text> </level> <level label="b"> <text>If the sentence of a member who is reduced in pay grade under subsection (a) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a) of this section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-807" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="8" subtitle_name="Sentences"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>A sentence covered by this subtitle is any sentence that includes:</text> <level label="i"> <text>confinement for more than 6 months; or</text> </level> <level label="ii"> <text>confinement for 6 months or less and a dishonorable or bad–conduct discharge or dismissal.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>If the sentence of a member who forfeits pay and allowances under subsection (a) of this section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a) of this section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-901" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>A finding or sentence of a court–martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.</text> </level> <level label="b"> <text>Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-902" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>The findings and sentence of a court–martial shall be reported promptly to the convening authority after the announcement of the sentence.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence.</text> </level> <level label="ii"> <text>A submission under subparagraph (i) of this paragraph shall be in writing.</text> </level> <level label="iii"> <text>Except in a summary court–martial case, a submission under subparagraph (i) of this paragraph shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (d) of this section.</text> </level> <level label="iv"> <text>In a summary court–martial case, a submission under subparagraph (i) of this paragraph shall be made within 7 days after the sentence is announced.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <level label="i"> <text>The accused may waive the right to make a submission to the convening authority under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>Such a waiver must be made in writing and may not be revoked.</text> </level> <level label="iii"> <text>For the purposes of subsection (c)(2) of this section, the time within which the accused may make a submission under this subsection shall be deemed to have expired on the submission of such a waiver to the convening authority.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>The authority under this section to modify the findings and sentence of a court–martial is a matter of command prerogative involving the sole discretion of the convening authority.</text> </level> <level label="ii"> <text>If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court–martial jurisdiction who may take action under this subtitle.</text> </level> </level> <level label="2"> <level label="i"> <text>Action on the sentence of a court–martial shall be taken by the convening authority or by another person authorized to act under this section.</text> </level> <level label="ii"> <text>Action may be taken only after consideration of any matters submitted by the accused under subsection (b) of this section or after the time for submitting such matters expires, whichever is earlier.</text> </level> <level label="iii"> <text>The convening authority or other person taking such action, in that person’s sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.</text> </level> </level> <level label="3"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, action on the findings of a court–martial by the convening authority or other person acting on the sentence is not required.</text> </level> <level label="ii"> <text>Such person, in the person’s sole discretion, may:</text> <level label="1"> <text>dismiss any charge or specification by setting aside a finding of guilty thereto; or</text> </level> <level label="2"> <text>change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.</text> </level> </level> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, a proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court–martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.</text> </level> <level label="ii"> <text>In no case may a proceeding in revision:</text> <level label="1"> <text>reconsider a finding of not guilty of any specification or a ruling that amounts to a finding of not guilty;</text> </level> <level label="2"> <text>reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of some section of this title; or</text> </level> <level label="3"> <text>increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>A rehearing may be ordered by the convening authority or other person taking action under this section if that person disapproves the findings and sentence and states the reasons for disapproval of the findings.</text> </level> <level label="ii"> <text>If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges.</text> </level> <level label="iii"> <text>A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings.</text> </level> <level label="iv"> <text>A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.</text> </level> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-903" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-904" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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:</text> <level label="i"> <text>an order or a ruling of the military judge that terminates the proceedings with respect to a charge or specification other than a finding of guilt;</text> </level> <level label="ii"> <text>an order or a ruling that excludes evidence that is substantial proof of a fact material in the proceeding;</text> </level> <level label="iii"> <text>an order or a ruling that directs the disclosure of classified information;</text> </level> <level label="iv"> <text>an order or a ruling that imposes sanctions for nondisclosure of classified information;</text> </level> <level label="v"> <text>a refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information;</text> </level> <level label="vi"> <text>a refusal by the military judge to enforce an order described in subsection (e) of this section that has previously been issued by appropriate authority; and</text> </level> <level label="vii"> <text>an order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.</text> </level> </level> <level label="2"> <level label="i"> <level label="1"> <text>An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling.</text> </level> <level label="2"> <text>Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.</text> </level> </level> <level label="ii"> <text>An appeal of an order or ruling may not be taken when prohibited by § 13A–709 of this title.</text> </level> </level> <level label="3"> <text>An appeal under this section shall be diligently prosecuted as provided by law.</text> </level> </level> <level label="b"> <level label="1"> <text>An appeal under this section shall be forwarded to the court prescribed in § 13A–908 of this subtitle.</text> </level> <level label="2"> <text>In ruling on an appeal under this section, that court may act only with respect to matters of law.</text> </level> </level> <level label="c"> <text>Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-905" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>If, after appeal by the government under § 13A–802 of this title, the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Military Appeals or Supreme Court of Maryland, the court–martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the Adjutant General may prescribe by regulation.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-906" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The senior force judge advocate’s review shall be in writing and shall contain the following:</text> <level label="i"> <text>conclusions as to whether:</text> <level label="1"> <text>the court had jurisdiction over the accused and the offense;</text> </level> <level label="2"> <text>the charge and specification stated an offense; and</text> </level> <level label="3"> <text>the sentence was within the limits prescribed as a matter of law;</text> </level> </level> <level label="ii"> <text>a response to each allegation of error made in writing by the accused; and</text> </level> <level label="iii"> <text>if the case is sent for action under subsection (b) of this section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.</text> </level> </level> </level> <level label="b"> <text>The record of trial and related documents in each case reviewed under subsection (a) of this section shall be sent for action to the Adjutant General, if:</text> <level label="1"> <text>the judge advocate who reviewed the case recommends corrective action;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>such action is otherwise required by regulations of the Adjutant General.</text> </level> </level> <level label="c"> <level label="1"> <text>The Adjutant General may:</text> <level label="i"> <text>disapprove or approve the findings or sentence, in whole or in part;</text> </level> <level label="ii"> <text>remit, commute, or suspend the sentence in whole or in part;</text> </level> <level label="iii"> <text>except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or</text> </level> <level label="iv"> <text>dismiss the charges.</text> </level> </level> <level label="2"> <text>If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Adjutant General may:</text> <level label="i"> <text>when subject matter jurisdiction is found to be lacking, void the court–martial ab initio, with or without prejudice to the government, as the Adjutant General deems appropriate; or</text> </level> <level label="ii"> <text>return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.</text> </level> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-907" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <text>Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.</text> </section> <section article="gps" article_name="Public Safety" number="13A-908" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>Decisions of a court–martial are from a court with jurisdiction to issue felony convictions and appeals are to the Court of Military Appeals.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The court shall have three judges present to convene.</text> </level> <level label="4"> <text>The Chief Judge may convene the court and may appoint alternates.</text> </level> <level label="5"> <text>The court has the authority to adopt a seal.</text> </level> </level> <level label="b"> <level label="1"> <text>The Governor shall:</text> <level label="i"> <text>appoint up to 10 judges, but at least three, to the court for 5–year terms; and</text> </level> <level label="ii"> <text>appoint one judge as Chief Judge.</text> </level> </level> <level label="2"> <text>Judges are not limited to one term.</text> </level> <level label="3"> <text>Judges should have demonstrated experience in military law and be a member of the Maryland Bar.</text> </level> </level> <level label="c"> <text>The Court of Military Appeals shall have power over:</text> <level label="1"> <text>the issuance of extraordinary writs relative to all matters arising under:</text> <level label="i"> <text>the provisions of this title;</text> </level> <level label="ii"> <text>the Uniform Code of Military Justice;</text> </level> <level label="iii"> <text>any regulation issued by the Governor pertaining to members of the Maryland organized militia; and</text> </level> <level label="iv"> <text>court–martial actions pending before any military judge of the Maryland Military Department;</text> </level> </level> <level label="2"> <text>adjudicating appeals by victims as described in § 13A–105 of this title; and</text> </level> <level label="3"> <text>adjudicating appeals of sentences of a court–martial that have been approved by the convening authority, which may include:</text> <level label="i"> <text>dismissal, in the case of a commissioned or warrant officer;</text> </level> <level label="ii"> <text>dishonorable discharge, in the case of an enlisted person;</text> </level> <level label="iii"> <text>bad–conduct discharge, in the case of an enlisted person;</text> </level> <level label="iv"> <text>forfeiture of all pay and allowances; and</text> </level> <level label="v"> <text>any confinement.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>An appellant must petition the court for review, which is a right on request.</text> </level> <level label="2"> <text>There is no automatic review of sentence.</text> </level> <level label="3"> <text>An appellant may waive the right to review.</text> </level> </level> <level label="e"> <text>The Maryland National Guard State Judge Advocate shall:</text> <level label="1"> <text>provide a full–time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and</text> </level> <level label="2"> <text>provide administrative support for appellate judges, as required.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-909" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>On an appeal by the State, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.</text> </level> <level label="c"> <text>On the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.</text> </level> <level label="d"> <text>On the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this section.</text> </level> <level label="e"> <text>An accused may be represented by civilian appellate counsel at no expense to the State.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-910" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Staff Judge Advocate may detail a judge advocate, who is certified under § 13A–506 of this title, to conduct the hearing.</text> </level> <level label="3"> <text>The probationer shall be represented at the hearing by military counsel if the probationer so desires.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-911" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <text>At any time within 2 years after approval by the convening authority of a court–martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court–martial.</text> </section> <section article="gps" article_name="Public Safety" number="13A-912" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.</text> </level> <level label="b"> <text>The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court–martial.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-913" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court–martial sentence, which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed on the new trial or rehearing.</text> </level> <level label="b"> <text>If a previously executed sentence of dishonorable or bad–conduct discharge is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused’s enlistment.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-914" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>The appellate review of records of trial provided by this title, the proceedings, findings, and sentences of courts–martial as approved, reviewed, or affirmed as required by this title, and all dismissals and discharges carried into execution under sentences by courts–martial following approval, review, or affirmation as required by this title, are final and conclusive.</text> </level> <level label="b"> <text>Orders publishing the proceedings of courts–martial and all action taken pursuant to those proceedings are binding on all departments, courts, agencies, and officers of the United States and the several states, subject only to action on a petition for a new trial as provided in § 13A–911 of this subtitle and to action under § 13A–912 of this subtitle.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-915" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <text>Under regulations prescribed, an accused who has been sentenced by a court–martial may be required to take leave pending completion of action under this section if the sentence, as approved under § 13A–902 of this subtitle, includes an unsuspended dismissal or an unsuspended dishonorable or bad–conduct discharge.</text> </level> <level label="b"> <text>The accused may be required to begin such leave on the date on which the sentence is approved under § 13A–902 of this subtitle or at any time after such date, and such leave may be continued until the date on which action under this section is completed or may be terminated at any earlier time.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-916" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="9" subtitle_name="Post–trial Procedure and Review of Courts–martial"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>The Attorney General shall take action in accordance with the State law applicable to persons incompetent to stand trial.</text> </level> <level label="ii"> <text>If at the end of the period for hospitalization provided for in the State law applicable to persons incompetent to stand trial it is determined that the committed person’s mental condition has not so improved as to allow the trial to proceed, action shall be taken in accordance with the State law applicable to persons incompetent to stand trial.</text> </level> </level> <level label="3"> <level label="i"> <text>When the director of a facility in which a person is hospitalized under paragraph (2) of this subsection determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General, the general court–martial convening authority for the person, and the person’s counsel.</text> </level> <level label="ii"> <level label="1"> <text>On receipt of a notification, the general court–martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this title.</text> </level> <level label="2"> <text>If the person is no longer subject to this title, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person.</text> </level> </level> <level label="iii"> <text>The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (i) of this paragraph.</text> </level> </level> <level label="4"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, in the application of the State law applicable to persons incompetent to stand trial to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court–martial convening authority for that person.</text> </level> <level label="ii"> <text>If the person is no longer subject to this title at a time relevant to the application of such law to the person, the State trial court with felony jurisdiction in the county where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The court–martial shall conduct a hearing on the mental condition in accordance with the State law applicable to persons incompetent to stand trial.</text> </level> <level label="3"> <text>A report of the results of the hearing shall be made to the general court–martial convening authority for the person.</text> </level> <level label="4"> <text>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:</text> <level label="i"> <text>the general court–martial convening authority may commit the person to the custody of the Attorney General; and</text> </level> <level label="ii"> <text>the Attorney General shall take action in accordance with the State law applicable to persons incompetent to stand trial.</text> </level> </level> <level label="5"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>Title 3 of the Criminal Procedure Article applies according to the provisions of this section notwithstanding 18 U.S.C. § 4247(j).</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1001" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title is a principal, if the person:</text> <level label="1"> <text>commits an offense punishable by this title, or aids, abets, counsels, commands, or procures its commission; or</text> </level> <level label="2"> <text>causes an act to be done which, if directly performed by the person, would be punishable by this title.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1002" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who, knowing that an offense punishable by this title has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial, or punishment shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1003" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1004" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>An act, done with specific intent to commit an offense under this title, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.</text> </level> <level label="b"> <text>A person subject to this title who attempts to commit an offense punishable by this title shall be punished as a court–martial may direct, unless otherwise specifically prescribed.</text> </level> <level label="c"> <text>A person subject to this title may be convicted of an attempt to commit an offense, although it appears on the trial that the offense was consummated.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1005" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who conspires with another person to commit an offense under this title shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1006" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>Except as provided in subsection (b) of this section, a person subject to this title who solicits or advises another to commit an offense under this title shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who solicits or advises another to violate § 13A–1009 or § 13A–1021 of this subtitle:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>if the offense solicited or advised is not attempted or committed, shall be punished as a court–martial may direct.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1007" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person, with the intent to avoid work, duty, or service:</text> <level label="1"> <text>feigns illness, physical disablement, mental lapse, or mental derangement; or</text> </level> <level label="2"> <text>intentionally inflicts self–injury.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1008" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is ordered into medical quarantine by a person authorized to issue such order; and</text> </level> <level label="2"> <text>with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1009" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A member of the State military forces is guilty of desertion if the member:</text> <level label="1"> <text>without authority, goes or remains absent from the member’s unit, organization, or place of duty with intent to remain away therefrom permanently;</text> </level> <level label="2"> <text>quits the member’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or</text> </level> <level label="3"> <text>without being regularly separated from one of the State military forces:</text> <level label="i"> <text>enlists or accepts an appointment in the same or another one of the State military forces, or in one of the uniformed services, without fully disclosing the fact that the member has not been regularly separated; or</text> </level> <level label="ii"> <text>enters any foreign armed service except when authorized by the United States.</text> </level> </level> </level> <level label="b"> <text>A commissioned officer of the State military forces who, after tender of the officer’s resignation and before notice of its acceptance, quits the officer’s post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1010" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person, without authority:</text> <level label="1"> <text>fails to go to the person’s appointed place of duty at the time prescribed;</text> </level> <level label="2"> <text>goes from that place; or</text> </level> <level label="3"> <text>leaves or remains absent from the person’s unit, organization, or place of duty at which the person is required to be at the time prescribed.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1011" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1012" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person: </text> <level label="1"> <text>resists apprehension;</text> </level> <level label="2"> <text>flees from apprehension;</text> </level> <level label="3"> <text>breaks arrest; or</text> </level> <level label="4"> <text>escapes from custody or confinement.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1013" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is placed in correctional custody by a person authorized to do so;</text> </level> <level label="2"> <text>while in correctional custody, is under physical restraint; and</text> </level> <level label="3"> <text>escapes from the physical restraint before being released from the physical restraint by proper authority.</text> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is placed in correctional custody by a person authorized to do so;</text> </level> <level label="2"> <text>while in correctional custody, is under restraint other than physical restraint; and</text> </level> <level label="3"> <text>goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority.</text> </level> </level> <level label="c"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is ordered to be restricted to certain limits by a person authorized to do so; and</text> </level> <level label="2"> <text>with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1014" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A commissioned officer shall be punished as a court–martial may direct if the officer uses contemptuous words against:</text> <level label="1"> <text>the President;</text> </level> <level label="2"> <text>the Vice President;</text> </level> <level label="3"> <text>Congress;</text> </level> <level label="4"> <text>the Secretary of Defense;</text> </level> <level label="5"> <text>the secretary of a military department;</text> </level> <level label="6"> <text>the Secretary of Homeland Security;</text> </level> <level label="7"> <text>the Governor; or</text> </level> <level label="8"> <text>the General Assembly.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1015" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1016" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who willfully disobeys a lawful command of that person’s superior commissioned officer shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1017" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>Any warrant officer or enlisted member shall be punished as a court–martial may direct if the warrant officer or enlisted member: </text> <level label="1"> <text>strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer’s office;</text> </level> <level label="2"> <text>willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or</text> </level> <level label="3"> <text>treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of the officer’s office.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1018" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>violates or fails to obey a lawful general order or regulation;</text> </level> <level label="2"> <text>having knowledge of any other lawful order issued by a member of the State military forces that is the person’s duty to obey, fails to obey the order; or</text> </level> <level label="3"> <text>is derelict in the performance of the person’s duties.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1019" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the person’s orders shall be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1020" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Applicant for military service” means a person who, under regulations prescribed by the secretary concerned, is an applicant for original enlistment or appointment in the armed forces.</text> </level> <level label="3"> <text>“Military recruiter” means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service.</text> </level> <level label="4"> <text>“Prohibited sexual activity” means, as specified in regulations prescribed by the secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.</text> </level> <level label="5"> <text>“Specially protected junior member of the armed forces” means:</text> <level label="i"> <text>a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;</text> </level> <level label="ii"> <text>a member of the armed forces who is a cadet, an officer candidate, or a student in any other officer qualification program; or</text> </level> <level label="iii"> <text>a member of the armed forces in any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification.</text> </level> </level> <level label="6"> <text>“Training leadership position” means, with respect to a specially protected junior member of the armed forces:</text> <level label="i"> <text>a drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification; or</text> </level> <level label="ii"> <text>faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.</text> </level> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is an officer or a noncommissioned officer;</text> </level> <level label="2"> <text>is in a training leadership position with respect to a specially protected junior member of the armed forces; and</text> </level> <level label="3"> <text>engages in prohibited sexual activity with such specially protected junior member of the armed forces.</text> </level> </level> <level label="c"> <text>Any person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or</text> </level> <level label="2"> <text>is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program.</text> </level> </level> <level label="d"> <text>Consent is not a defense for any conduct at issue in a prosecution under this section.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1021" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <level label="1"> <text>A person subject to this title is guilty of mutiny if the person, with intent to usurp or override lawful military authority, refuses, in concert with another person, to obey orders or otherwise do the person’s duty or creates any violence or disturbance.</text> </level> <level label="2"> <text>A person subject to this title is guilty of sedition if the person, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with another person, revolt, violence, or other disturbance against that authority.</text> </level> <level label="3"> <text>A person subject to this title is guilty of failure to suppress or report a mutiny or sedition if the person fails to do the person’s utmost to prevent and suppress a mutiny or sedition being committed in the person’s presence, or fails to take all reasonable means to inform the person’s superior commissioned officer or commanding officer of a mutiny or sedition that the person knows or has reason to believe is taking place.</text> </level> </level> <level label="b"> <text>A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1022" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished by such punishment as a court–martial may direct.</text> </level> <level label="b"> <text>A sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1023" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1024" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who, except as provided by law or regulation, apprehends, arrests, or confines another person shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1025" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person willfully and unlawfully: </text> <level label="1"> <text>alters, conceals, removes, mutilates, obliterates, or destroys a public record; or</text> </level> <level label="2"> <text>takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1026" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person shall be punished as a court–martial may direct if the person: </text> <level label="1"> <text>procures the person’s own enlistment or appointment in the armed forces by knowing false representation or deliberate concealment as to the person’s qualifications for that enlistment or appointment and receives pay or allowances thereunder; or</text> </level> <level label="2"> <text>procures the person’s own separation from the armed forces by knowing false representation or deliberate concealment as to the person’s eligibility for that separation.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1027" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1028" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title is guilty of forgery and shall be punished as a court–martial may direct if the person, with intent to defraud:</text> <level label="1"> <text>falsely makes or alters a signature to, or any part of, a writing which would, if genuine, apparently impose a legal liability on another or change the person’s legal right or liability to the person’s prejudice; or</text> </level> <level label="2"> <text>utters, offers, issues, or transfers such a writing, known by the person to be so made or altered.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1029" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court–martial may direct.</text> </level> <level label="c"> <text>A person subject to this title who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1030" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall be punished as a court–martial may direct if the person wrongfully and willfully impersonates:</text> <level label="1"> <text>an officer or a noncommissioned officer;</text> </level> <level label="2"> <text>an agent of superior authority of one of the armed forces; or</text> </level> <level label="3"> <text>an official of a government.</text> </level> </level> <level label="b"> <text>A person subject to this title who, wrongfully, willfully, and with intent to defraud, impersonates a person referred to in subsection (a)(1), (2), or (3) of this section shall be punished as a court–martial may direct.</text> </level> <level label="c"> <text>A person subject to this title who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1031" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and</text> </level> <level label="2"> <text>wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1032" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall be punished as a court–martial may direct if the person, with intent to deceive:</text> <level label="1"> <text>signs a false record, return, regulation, order, or other official document, knowing it to be false; or</text> </level> <level label="2"> <text>makes any other false official statement knowing it to be false.</text> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>takes an oath that:</text> <level label="i"> <text>is administered in a matter in which such oath is required or authorized by law; and</text> </level> <level label="ii"> <text>is administered by a person with authority to do so; and</text> </level> </level> <level label="2"> <text>on such oath, makes or subscribes to a statement that is false and at the time of taking the oath, the person does not believe the statement to be true.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1033" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>having been a prisoner as the result of a court–martial conviction or other criminal proceeding, is on parole with conditions; and</text> </level> <level label="2"> <text>violates the conditions of parole.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1034" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person, without proper authority, sells or otherwise disposes of, willfully or through neglect damages, destroys, or loses, or willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or of any state. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1035" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in the person’s possession, custody, or control.</text> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>fails to carry out the duties prescribed in subsection (a) of this section;</text> </level> <level label="2"> <text>buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to the person or another directly or indirectly connected with the person; or</text> </level> <level label="3"> <text>engages in looting or pillaging.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1036" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1037" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee; or</text> </level> <level label="2"> <text>wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1038" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who, willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1039" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and</text> </level> <level label="2"> <text>wrongfully leaves the scene of the accident:</text> <level label="i"> <text>without providing assistance to an injured person; or</text> </level> <level label="ii"> <text>without providing personal identification to others involved in the accident or to appropriate authorities.</text> </level> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage;</text> </level> <level label="2"> <text>is the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and</text> </level> <level label="3"> <text>wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident:</text> <level label="i"> <text>without providing assistance to an injured person; or</text> </level> <level label="ii"> <text>without providing personal identification to others involved in the accident or to appropriate authorities.</text> </level> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1040" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who is drunk on duty shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who, as a result of indulgence in an alcoholic beverage or drug, is incapacitated for the proper performance of duty shall be punished as a court–martial may direct.</text> </level> <level label="c"> <text>A person subject to this title who is a prisoner and, while in such status, is drunk shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1041" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in subsection (b) of this section shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>The substances referred to in subsection (a) of this section are:</text> <level label="1"> <text>opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and cannabis and any derivative of any such substance or compound;</text> </level> <level label="2"> <text>any substance not specified in item (1) of this subsection that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces, 10 U.S.C. § 801 et seq.; and</text> </level> <level label="3"> <text>any other substance not specified in item (1) of this subsection or contained on a list prescribed by the President under item (2) of this subsection that is listed in schedules I through V of article 202 of the Controlled Substances Act, 21 U.S.C. § 812.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1042" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.</text> </level> <level label="3"> <text>“United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.</text> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>operates or physically controls a vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in § 13A–1036.1(b) of this subtitle; or</text> </level> <level label="2"> <text>operates or is in actual physical control of a vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (c) of this section.</text> </level> </level> <level label="c"> <text>For purposes of subsection (b) of this section, the applicable limit on the alcohol concentration in a person’s blood or breath is:</text> <level label="1"> <text>in the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the lesser of:</text> <level label="i"> <text>the blood alcohol content limit under the law of the state in which the conduct occurred, except as may be provided under paragraph (3) of this subsection for conduct on a military installation that is in more than one state; or</text> </level> <level label="ii"> <text>the blood alcohol content limit specified in subsection (d) of this section;</text> </level> </level> <level label="2"> <text>in the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the blood alcohol content limit specified in subsection (d) of this section or such lower limit as the Secretary of Defense may by regulation prescribe; and</text> </level> <level label="3"> <text>in the case of a military installation that is in more than one state, if those states have different blood alcohol content limits under their respective state laws, the blood alcohol content limit selected by the Secretary to apply uniformly on that installation.</text> </level> </level> <level label="d"> <level label="1"> <text>For purposes of subsection (c) of this section, the blood alcohol limit with respect to alcohol concentration, as shown by chemical analysis:</text> <level label="i"> <text>in a person’s blood is 0.08 grams of alcohol per 100 milliliters of blood; and</text> </level> <level label="ii"> <text>in a person’s breath is 0.08 grams of alcohol per 210 liters of breath.</text> </level> </level> <level label="2"> <text>The Secretary may by regulation prescribe limits that are lower than the limits specified in paragraph (1) of this subsection if such lower limits are based on scientific developments as reflected in federal law of general applicability.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1043" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title shall be punished as a court–martial may direct if the person engages in conduct that:</text> <level label="1"> <text>is wrongful and reckless or is wanton; and</text> </level> <level label="2"> <text>is likely to produce death or grievous bodily harm to another person.</text> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>fights or promotes, or is concerned in or connives at fighting a duel; or</text> </level> <level label="2"> <text>having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority.</text> </level> </level> <level label="c"> <text>A person subject to this title who, willfully and wrongfully, discharges a firearm under circumstances such as to endanger human life shall be punished as a court–martial may direct.</text> </level> <level label="d"> <text>A person subject to this title who unlawfully carries a dangerous weapon concealed on or about the person shall be punished as a court–martial may direct.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1044" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>A person subject to this title who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court–martial may direct.</text> </level> <level label="b"> <text>A person subject to this title who wrongfully communicates a threat to injure the person or property of another by use of an explosive, a weapon of mass destruction, a biological or chemical agent, substance, or weapon, or a hazardous material shall be punished as a court–martial may direct.</text> </level> <level label="c"> <level label="1"> <text>In this subsection, “false threat” means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.</text> </level> <level label="2"> <text>A person subject to this title who maliciously communicates a false threat concerning injury to the person or property of another by use of an explosive, a weapon of mass destruction, a biological or chemical agent, substance, or weapon, or a hazardous material, shall be punished as a court–martial may direct.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1045" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who causes or participates in a riot or breach of the peace shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1046" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who uses provoking or reproachful words or gestures towards another person subject to this title shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1047" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>In this section, “computer” has the meaning stated in 18 U.S.C. 1030.</text> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>knowingly accesses a government computer with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it;</text> </level> <level label="2"> <text>intentionally accesses a government computer with an unauthorized purpose, and thereby obtains classified or other protected information from any such government computer; or</text> </level> <level label="3"> <text>knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a government computer.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1048" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>knowing it to be false or fraudulent:</text> <level label="i"> <text>makes a claim against the United States or an officer thereof; or</text> </level> <level label="ii"> <text>presents to a person in the civil or military service thereof, for approval or payment, a claim against the United States or an officer thereof; or</text> </level> </level> <level label="2"> <text>for the purpose of obtaining the approval, allowance, or payment of a claim against the United States or an officer thereof, makes or uses a writing or other paper knowing it to contain one or more false or fraudulent statements.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1049" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title is guilty of perjury and shall be punished as a court–martial may direct if the person, in a judicial proceeding or in a course of justice, willfully and corruptly:</text> <level label="1"> <text>on a lawful oath or in any form allowed by law to be substituted for an oath, gives false testimony material to the issue or matter of inquiry; or</text> </level> <level label="2"> <text>in a declaration, certificate, verification, or statement under penalty of perjury as permitted under section 28 U.S.C. 1746, subscribes any false statement material to the issue or matter of inquiry.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1050" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person induces and procures another person to take an oath and to falsely testify, depose, or state on such oath, if: </text> <level label="1"> <text>the oath is administered with respect to a matter for which such oath is required or authorized by law;</text> </level> <level label="2"> <text>the oath is administered by a person having authority to do so;</text> </level> <level label="3"> <text>on the oath, the other person willfully makes or subscribes a statement;</text> </level> <level label="4"> <text>the statement is material;</text> </level> <level label="5"> <text>the statement is false; and</text> </level> <level label="6"> <text>when the statement is made or subscribed, the person subject to this title and the other person do not believe that the statement is true.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1051" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who engages in conduct involving a person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1052" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>knows that another person has committed a serious offense;</text> </level> <level label="2"> <text>wrongfully conceals the commission of the offense; and</text> </level> <level label="3"> <text>fails to make the commission of the offense known to civilian or military authorities as soon as possible.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1053" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who, in the presence of a court–martial, a board of officers, a military commission, a court of inquiry, a preliminary hearing, or an officer taking a deposition, of or for the United States, wrongfully refuses to qualify as a witness or to answer a question after having been directed to do so by the person presiding shall be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1054" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent the seizure thereof shall be punished as a court–martial may direct. </text> </section> <section article="gps" article_name="Public Safety" number="13A-1055" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if the person:</text> <level label="1"> <text>is responsible for unnecessary delay in the disposition of a case of a person accused of an offense under this title; or</text> </level> <level label="2"> <text>knowingly and intentionally fails to enforce or comply with a provision of this title regulating the proceedings before, during, or after trial of an accused.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1056" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A person subject to this title shall be punished as a court–martial may direct if, having reason to believe that an adverse administrative proceeding is pending against a person subject to this title, the person wrongfully acts with the intent:</text> <level label="1"> <text>to influence, impede, or obstruct the conduct of the proceeding; or</text> </level> <level label="2"> <text>otherwise to obstruct the due administration of justice.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1057" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Covered individual or organization” means a recipient of a communication specified in clauses (i) through (v) of 10 U.S.C. 1034(b)(1)(B).</text> </level> <level label="3"> <text>“Inspector General” has the meaning stated in 10 U.S.C. 1034(j).</text> </level> <level label="4"> <text>“Protected communication” means:</text> <level label="i"> <text>a lawful communication to a Member of Congress or an Inspector General; or</text> </level> <level label="ii"> <text>a communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of:</text> <level label="1"> <text>a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or</text> </level> <level label="2"> <text>gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.</text> </level> </level> </level> </level> <level label="b"> <text>A person subject to this title shall be punished as a court–martial may direct if, with the intent to retaliate against a person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage a person from reporting a criminal offense or making or planning to make a protected communication, the person:</text> <level label="1"> <text>wrongfully takes or threatens to take an adverse personnel action against a person; or</text> </level> <level label="2"> <text>wrongfully withholds or threatens to withhold a favorable personnel action with respect to a person.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1058" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <text>A commissioned officer, cadet, or candidate who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court–martial may direct.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1059" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="10" subtitle_name="Punitive Provisions"> <level label="a"> <text>Subject to subsection (b) of this section, though not specifically mentioned in this title, all disorders and neglects to the prejudice of good order and discipline in the State military forces and all conduct of a nature to bring discredit on the State military forces, and crimes both federal and State and offenses not capital, shall be taken cognizance of by a court–martial and punished at the discretion of a military court.</text> </level> <level label="b"> <text>Where a crime constitutes an offense that violates both this title and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with § 13A–102 of this title.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1101" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <text>A court of inquiry to investigate any matter of concern to the State military forces may be convened by any person authorized to convene a general court–martial, whether or not the persons involved have requested such an inquiry.</text> </level> <level label="b"> <level label="1"> <text>A court of inquiry consists of three or more commissioned officers.</text> </level> <level label="2"> <text>For each court of inquiry, the convening authority shall also appoint counsel for the court.</text> </level> </level> <level label="c"> <level label="1"> <text>A person subject to this title whose conduct is subject to inquiry shall be designated as a party.</text> </level> <level label="2"> <text>A person subject to this title who has a direct interest in the subject of inquiry has the right to be designated as a party on request to the court.</text> </level> <level label="3"> <text>A person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross–examine witnesses, and to introduce evidence.</text> </level> </level> <level label="d"> <text>A member of a court of inquiry may be challenged by a party, but only for cause stated to the court.</text> </level> <level label="e"> <text>The members, counsel, the reporter, and interpreters of a court of inquiry shall take an oath to faithfully perform their duties.</text> </level> <level label="f"> <text>Witnesses may be summoned to appear and testify and be examined before a court of inquiry, as provided for courts–martial.</text> </level> <level label="g"> <text>A court of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.</text> </level> <level label="h"> <level label="1"> <text>A court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.</text> </level> <level label="2"> <text>If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president.</text> </level> <level label="3"> <text>If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1102" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <text>The following persons may administer oaths for the purposes of military administration, including military justice:</text> <level label="1"> <text>a judge advocate;</text> </level> <level label="2"> <text>a summary court–martial;</text> </level> <level label="3"> <text>an adjutant, assistant adjutant, acting adjutant, and personnel adjutant; and</text> </level> <level label="4"> <text>all other persons designated by regulations for the Maryland Military Department.</text> </level> </level> <level label="b"> <text>The following persons may administer oaths necessary in the performance of their duties:</text> <level label="1"> <text>the president, military judge, and trial counsel for all general and special courts–martial;</text> </level> <level label="2"> <text>the president and the counsel for the government of any court of inquiry;</text> </level> <level label="3"> <text>an officer designated to take a deposition;</text> </level> <level label="4"> <text>a person detailed to conduct an investigation;</text> </level> <level label="5"> <text>a recruiting officer; and</text> </level> <level label="6"> <text>all other persons designated by regulations of the armed forces or by statute.</text> </level> </level> <level label="c"> <text>The signature without seal of any such person, together with the title of the person’s office, is prima facie evidence of the person’s authority.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1103" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <level label="1"> <text>This subsection applies with respect to §§ 13A–102, 13A–103, 13A–201 through 13A–301, 13A–504, 13A–506, 13A–602, 13A–702, 13A–703, 13A–801, and 13A–1001 through 13A–1059 of this title and §§ 13A–1103 through 13A–1105 of this subtitle.</text> </level> <level label="2"> <text>The sections of this title specified in paragraph (1) of this subsection shall be carefully explained to each enlisted member at the time of, or within 30 days after, the member’s initial entrance into a duty status with the state military forces.</text> </level> <level label="3"> <text>The sections of this title specified in paragraph (1) of this subsection shall be explained again:</text> <level label="i"> <text>after the member has completed basic or recruit training; and</text> </level> <level label="ii"> <text>at the time when the member reenlists.</text> </level> </level> </level> <level label="b"> <text>The text of this title and of the regulations prescribed under this title shall be made available to a member of the State military forces, on request by the member, for the member’s personal examination.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1104" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <text>A member of the State military forces who believes the member to have been wronged by a commanding officer, and who, on due application to that commanding officer, is refused redress, may complain to a superior commissioned officer, who shall forward the complaint to the officer exercising general court–martial jurisdiction over the officer against whom it is made.</text> </level> <level label="b"> <text>The officer exercising general court–martial jurisdiction shall:</text> <level label="1"> <text>examine into the complaint and take proper measures for redressing the wrong complained of; and</text> </level> <level label="2"> <text>as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1105" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <level label="1"> <text>Whenever complaint is made to a commanding officer that willful damage has been done to the property of a person or that the person’s property has been wrongfully taken by members of the State military forces while in the line of duty, that person may, under such regulations prescribed, convene a board to investigate the complaint.</text> </level> <level label="2"> <text>The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, the board has power to:</text> <level label="i"> <text>summon witnesses and examine them on oath;</text> </level> <level label="ii"> <text>receive depositions or other documentary evidence; and</text> </level> <level label="iii"> <text>assess the damages sustained against the responsible parties.</text> </level> </level> <level label="3"> <text>The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by that officer shall be charged against the pay of the offenders.</text> </level> <level label="4"> <text>The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages so assessed and approved.</text> </level> </level> <level label="b"> <text>If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.</text> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1106" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>The Governor may delegate any authority vested in the Governor under this title, and provide for the sub–delegation of any such authority, except the power given the Governor by § 13A–501 of this title.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1107" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <level label="a"> <text>Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the U.S. Treasury.</text> </level> <level label="b"> <text>Fines may be collected by:</text> <level label="1"> <text>cash or money order;</text> </level> <level label="2"> <text>retention of pay or allowances due or to become due the person fined from any state or the United States; or</text> </level> <level label="3"> <text>garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.</text> </level> </level> </section> <section article="gps" article_name="Public Safety" number="13A-1108" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>This title shall be so construed as to effectuate its general purpose to make it uniform, so far as practicable, with the Uniform Code of Military Justice, 10 U.S.C. 47.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1109" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>A person acting under the provisions of this title, whether as a member of the military or as a civilian, shall be immune from personal liability for any of the acts or omissions that the person did or failed to do as part of the person’s duties under this title.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1110" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>The provisions of this title are hereby declared to be severable and if any provision of this title or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this title.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1111" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>This act may be cited as the Maryland Code of Military Justice.</text> </section> <section article="gps" article_name="Public Safety" number="13A-1112" title_number="13A" title_name="Maryland Code of Military Justice" subtitle_number="11" subtitle_name="Miscellaneous Provisions"> <text>On enactment, this law supersedes all existing statutes, ordinances, directives, rules, regulations, orders, and other laws in the State covered by the subject matter of this law, and all such statutes, ordinances, directives, rules, regulations, orders, and other laws are hereby repealed.</text> </section>