reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1043 - Statute of limitations

(a)
A person charged with desertion or absence without leave in time of armed conflict or war, whether or not declared, or with aiding the enemy or with mutiny shall be tried and punished at any time without limitation.
(b)
Except as otherwise provided in this article, a person charged with any offense shall not be liable to be tried by court-martial or punished under Code Section
38-2-1015
if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Code Section
38-2-1015
.
(c)
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 Code section.
(d)
Periods in which the accused was absent from territory in which this state has the authority to take the accused into custody, or in which such accused is 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 Code section.
(e)
(1)
If charges or specifications are dismissed as defective or insufficient for any cause and the period of limitation prescribed by this Code section 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 shall not be barred by the period of limitation prescribed by this Code section if the conditions specified in paragraph (2) of this subsection are met.
(2)
The conditions provided for by paragraph (1) of this subsection shall be that the new charges and specifications shall:
(A)
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
(B)
Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1044 - Double jeopardy

(a)
No person shall, without his or her consent, be tried a second time for the same offense.
(b)
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed.
(c)
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this Code section.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1045 - Pleas of accused

(a)
If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up 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.
(b)
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. Such 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1046 - Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel, and the summary court-martial officer shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1046.1 - Issuance of process and mandates; who may issue; execution

(a)
Military courts are empowered to issue all process and mandates necessary and proper to carry into full effect the powers vested in the courts. The courts shall have power to issue subpoenas for the attendance of witnesses and subpoenas for the production of documentary evidence and to enforce by attachment attendance of witnesses and production of books, records, and other documentary evidence.
(b)
Such process and mandates may be issued by military judges, summary courts-martial, provost courts, the president of other military courts, and boards of officers; may be directed to and may be executed by any sheriff, the marshals of the military court, or any peace officer; and shall be in such form as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
(c)
It shall be the duty of all officers to whom process or mandate may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same. Except as otherwise specifically provided in this article, no such officer shall demand or require payment of any fee or charge of any nature for receiving, executing, or returning any process or mandate or for any services in connection therewith.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1047 - Refusal to appear or testify; penalty

(a)
Any person not subject to this article who:
(1)
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 court;
(2)
Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of this state; and
(3)
Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce
shall be punished by the military court in the same manner as a criminal court of this state.
(b)
The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses or other appropriate funds.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1048 - Contempt; penalty

(a)
A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder.
(b)
A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.
(c)
A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1049 - Depositions

(a)
At any time after charges have been signed as provided for in Code Section
38-2-1030
, the military judge or summary court-martial officer, with approval of the state judge advocate, may allow a party to take oral or written depositions for good cause.
(b)
The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition, and such party may attend and participate in the deposition.
(c)
Depositions shall be taken before and authenticated by any military or civil officer authorized by the laws of this state or by the laws of the place where the deposition is taken to administer oaths.
(d)
A duly authenticated deposition taken upon 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 that:
(1)
The witness resides or is beyond another state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing;
(2)
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
(3)
The present whereabouts of the witness are unknown.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1050 - Admissibility of records of courts of inquiry

(a)
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.
(b)
In any case 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 only by the defense.
(c)
Such testimony as provided for in subsections (a) and (b) of this Code section may be read in evidence before a court of inquiry in like manner as provided for in subsections (a) and (b) of this Code section.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1050.1 - Defense of mental disease or defect

(a)
It shall be 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 his or her acts. Mental disease or defect shall not otherwise constitute a defense.
(b)
The accused has the burden of proving the defense as provided for by subsection (a) of this Code section by clear and convincing evidence.
(c)
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the procedures set forth in Code Section
17-7-131
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1051 - Voting, rulings, and charge

(a)
Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
(b)
The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused shall be final and shall constitute the ruling of the court; provided, however, that the military judge may change the ruling at any time during the trial. 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 Code Section
38-2-1052
, beginning with the member junior in rank.
(c)
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 them that:
(1)
The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond a reasonable doubt;
(2)
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;
(3)
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
(4)
The burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state.
(d)
Subsections (a), (b), and (c) of this Code section shall not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it shall be sufficient if the findings of fact appear therein.
Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1052 - Number of votes required for conviction

(a)
No person shall be convicted of an offense, except:
(1)
As provided in Code Section
38-2-1045
;
(2)
By the vote of two-thirds of the members;
(3)
By a summary court-martial officer; or
(4)
If a court-martial is composed of a military judge only, by decision of the military judge.
(b)
If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted.
(c)
(1)
All questions other than the questions provided for under subsections (a) and (b) of this Code section to be decided by the members of a general or special court-martial shall be determined by a majority vote; provided, however, that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, shall be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
(2)
A tie vote on a challenge shall disqualify the member challenged.
(3)
A tie vote on a motion relating to the question of the sanity of the accused shall be a determination against the accused.
(4)
A tie vote on a question other than the questions provided for under paragraphs (2) and (3) of this subsection shall be a determination in favor of the accused.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1053 - Prompt announcement of findings and sentence

A court-martial shall announce its findings and sentence to the parties as soon as determined.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 7 - TRIAL PROCEDURES (§§ 38-2-1036 — 38-2-1054) › Section 38-2-1054 - Trial record; contents; authentication; accused entitled to copy

(a)
Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her 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 his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
(b)
(1)
A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
(2)
In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
(c)
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 issued pursuant to Part 1 of Article 2 of this chapter.
(d)
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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1055 - Cruel and unusual punishments prohibited

Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1056 - Maximum sentencing limits

(a)
The punishment which a court-martial may direct for an offense shall not exceed such limits as prescribed by this article, but in no instance shall a sentence exceed more than ten years nor shall a sentence of death be adjudged. A conviction by general court-martial of any offense for which an accused may receive a sentence of confinement for more than one year shall be a felony offense. Except for convictions by a summary court-martial, all other convictions shall be misdemeanors. Any conviction by a summary court-martial shall not be a criminal conviction.
(b)
The limits of punishment for violations of this article prescribed in subsection (a) of this Code section shall be the lesser of the sentences prescribed by the manual for courts-martial of the United States in effect on January 1, 2015, if such manual contains the offense, and any regulations or manual for courts-martial adopted in this state pursuant to Code Section
38-2-1036
, but in no instance shall any punishment exceed that authorized by this article.
Amended by 2017 Ga. Laws 275,§ 38, eff. 5/9/2017.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1057 - Effective date of sentences

(a)
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 shall apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture shall extend to any pay or allowances accrued before that date.
(b)
Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(c)
All sentences of courts-martial, except as provided for by subsections (a) and (b) of this Code section, shall be effective on the date ordered executed.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1057.1 - Deferment of sentence

(a)
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. Such deferment shall terminate when the sentence is ordered executed. Such 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.
(b)
(1)
In any case in which a court-martial sentences an accused as provided for in paragraph (2) of this subsection to confinement, the convening authority shall defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the organized militia by another state, the United States, or a foreign country referred to in that paragraph.
(2)
Paragraph (1) of this subsection shall apply to a person subject to this article who:
(A)
While in the custody of another state, the United States, or a foreign country is temporarily returned by such state, the United States, or a foreign country to the organized militia for trial by court-martial; and
(B)
After the court-martial, is returned to such state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
(c)
In any 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 Code Section
38-2-1067
is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1058 - Execution of confinement; discipline while in civil jails; hard labor; civil confinement according to law

(a)
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, shall be carried into execution by confinement in any place authorized by this article. Persons so confined shall be subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.
(b)
The omission of hard labor as a sentence authorized under this article shall not deprive a confinement facility from employing it, if it otherwise is within the authority of that facility to do so.
(c)
No place of confinement shall require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1058.1 - Reduction of pay grade

(a)
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 shall reduce that member to pay grade E-1, effective on the date of that approval.
(b)
If the sentence of an enlisted member who is reduced in pay grade under subsection (a) of this Code section is set aside or disapproved, or, as finally approved, does not include any punishment named in paragraphs (1) and (2) of subsection (a) of this Code section, the rights and privileges of which the person was deprived because of that reduction shall be restored, including, but not limited to, pay and allowances.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 8 - SENTENCES (§§ 38-2-1055 — 38-2-1058.2) › Section 38-2-1058.2 - Forfeiture of pay and allowances

(a)
(1)
A court-martial sentence as provided for in paragraph (2) 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. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section
38-2-1057
and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period.
(2)
A sentence covered by this subsection shall be any sentence that includes:
(A)
Confinement for more than six months; or
(B)
Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal.
(b)
In a case involving an accused who has dependents, the convening authority or other person acting under Code Section
38-2-1060
may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(c)
If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1059 - Effect of error of law on appeal; material prejudice; lesser included offense

(a)
A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b)
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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1061 - Withdrawal of appeal

(a)
In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and shall be filed in accordance with appellate procedures as provided by law.
(b)
The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1062 - State may appeal certain rulings

(a)
(1)
In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration:
(A)
An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;
(B)
An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;
(C)
An order or ruling which directs the disclosure of classified information;
(D)
An order or ruling which imposes sanctions for nondisclosure of classified information;
(E)
A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; and
(F)
A refusal by the military judge to enforce an order described in subparagraph (E) of this paragraph that has previously been issued by appropriate authority.
(2)
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. 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 which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3)
An appeal under this Code section shall be diligently prosecuted as provided by law.
(b)
An appeal under this Code section shall be forwarded to the court prescribed in Code Section
38-2-1067
. In ruling on an appeal under this Code section, such court may act only with respect to matters of law.
(c)
Any period of delay resulting from an appeal under this Code 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1063 - Rehearings; grounds; members of court; effect on sentence

Each rehearing under this article shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon 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 upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon 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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1065 - Disposition of trial records

Except as otherwise required by this article, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1067 - Court-martial review panel; members; rules and regulations

(a)
(1)
There shall be the court-martial review panel which shall hear appeals of decisions of a court-martial.
(2)
The Governor shall appoint five persons to serve as judges on the court-martial review panel. Four such judges shall be retired commissioned officers of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof and a member in good standing of the State Bar of Georgia. One such judge shall be a member in good standing of the State Bar of Georgia and shall not be a member, former member, or retired member of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof.
(3)
The Governor shall prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter the convening and administration of the court-martial review panel and the compensation provided to the judges of such panel.
(b)
(1)
An appeal to the court-martial review panel shall only be made after action on the sentence of a court-martial by the convening authority or by another person authorized to take such action as provided for in Code Section
38-2-1060
or after a decision of the convening authority to deny a petition for a new trial as provided for by Code Section
38-2-1073
or pursuant to Code Section
38-2-1062
. Such appeals shall be made within 30 days after such action or decision.
(2)
The court-martial review panel shall dispose of each appeal within 90 days of such appeal made thereto. The court-martial review panel shall deliver its decision to the state judge advocate and, within three days, the state judge advocate shall serve a copy of such decision to the accused by statutory overnight delivery. The decision of the court-martial review panel shall be final for purposes of an appeal to the appellate courts of this state on the date that the state judge advocate mails the decision to the accused.
(c)
Any party to a proceeding before the court-martial review panel may secure a review of the final decision of the court-martial review panel by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1070 - Appellate government counsel

(a)
The state judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases provided for in Code Section
38-2-1067
and before any federal court when requested to do so by the attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of this state.
(b)
Upon an appeal by the state, the accused shall have the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
(c)
Upon an appeal by an accused, the accused shall have the right to be represented by military counsel before any reviewing authority.
(d)
Upon 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 Code section.
(e)
An accused may be represented by civilian appellate counsel at no expense to the state.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1071 - Execution of sentence extending to dismissal or dishonorable or bad conduct discharge

(a)
If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn under Code Section
38-2-1061
, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings shall be final in such cases when review is completed by an appellate court as provided for in Code Section
38-2-1067
and is deemed final by the law of this state.
(b)
If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn under Code Section
38-2-1061
, that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge shall not be executed until review of the case by the state judge advocate and any action on that review under Code Section
38-2-1064
is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Code Section
38-2-1060
when so approved under that Code section.
(c)
The convening authority may suspend the execution of any sentence or part thereof.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1072 - Vacation of suspension of sentence; hearing; legal representation by military counsel; record of hearing

(a)
Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b)
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed subject to applicable restrictions in this article.
(c)
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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1073 - Petition for new trial; time period; grounds

(a)
At any time within five years after approval by the convening authority of a court-martial sentence, the accused may petition the convening authority for a new trial. Some good reason, including but not limited to newly discovered evidence or fraud on the court-martial, must be shown as to why the petition should be granted.
(b)
The decision of the convening authority provided for under subsection (a) of this Code section shall be appealable as provided for under Code Section
38-2-1067
.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1074 - Remission or suspension of sentence; modification of type of discharge by Governor

(a)
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, but not limited to, all uncollected forfeitures, other than a sentence approved by the Governor.
(b)
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.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS (§§ 38-1-1 — 38-4-92) › Chapter 2 - MILITARY AFFAIRS (§§ 38-2-1 — 38-2-1145) › Article 5 - GEORGIA CODE OF MILITARY JUSTICE (§§ 38-2-1000 — 38-2-1145) › Part 9 - REVIEW OF COURTS-MARTIAL (§§ 38-2-1059 — 38-2-1076.1) › Section 38-2-1075 - Restoration of rights, privileges, and property, in event of remission; administrative discharge; reinstatement

(a)
Under such regulations as may be prescribed pursuant to this chapter, 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 upon the new trial or rehearing.
(b)
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.
(c)
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 to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the former officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including, but not limited to, the right to pay and allowances.
Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.