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. A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. A person subject to this title whose conduct is subject to inquiry shall be designated as a party. 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. 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. A member of a court of inquiry may be challenged by a party, but only for cause stated to the court. The members, counsel, the reporter, and interpreters of a court of inquiry shall take an oath to faithfully perform their duties. Witnesses may be summoned to appear and testify and be examined before a court of inquiry, as provided for courts–martial. 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. 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. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

The following persons may administer oaths for the purposes of military administration, including military justice: a judge advocate; a summary court–martial; an adjutant, assistant adjutant, acting adjutant, and personnel adjutant; and all other persons designated by regulations for the Maryland Military Department. The following persons may administer oaths necessary in the performance of their duties: the president, military judge, and trial counsel for all general and special courts–martial; the president and the counsel for the government of any court of inquiry; an officer designated to take a deposition; a person detailed to conduct an investigation; a recruiting officer; and all other persons designated by regulations of the armed forces or by statute. 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.

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. 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. The sections of this title specified in paragraph (1) of this subsection shall be explained again: after the member has completed basic or recruit training; and at the time when the member reenlists. 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.

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. The officer exercising general court–martial jurisdiction shall: examine into the complaint and take proper measures for redressing the wrong complained of; and as soon as possible, send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.

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. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, the board has power to: summon witnesses and examine them on oath; receive depositions or other documentary evidence; and assess the damages sustained against the responsible parties. 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. 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. 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.

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.

Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the U.S. Treasury. Fines may be collected by: cash or money order; retention of pay or allowances due or to become due the person fined from any state or the United States; or garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.

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.

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.

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.

This act may be cited as the Maryland Code of Military Justice.

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.