Current with changes from the 2024 Legislative Session
Section 13-802 - [Repealed](a) There are three types of courts-martial: (1) a general court-martial;(2) a special court-martial; and(3) a summary court-martial.(b)(1) Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding:(ii) powers, with the exception of punishment;(2) In a case of absence without leave, an offender shall be referred to a summary court officer for trial without first being referred to an investigating officer.(c)(1) A member of a force organized under this title is in the actual service of the State and is subject to all military laws, orders, and regulations.(2) A violation of a military law, order, or regulation is an offense against the State and is punishable as provided in this subtitle.(d)(1) The jurisdiction of a court-martial established under this subtitle is presumed to be correct.(2) A person alleging lack of jurisdiction in an action or proceeding has the burden of proving lack of jurisdiction.Repealed by 2020 Md. Laws, Ch. 592,Sec. 1, eff. 10/1/2020.