reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.051. Charges and Specifications

Sec. 432.051.  CHARGES AND SPECIFICATIONS.  (a)  Charges and specifications must be signed by a person subject to this chapter, under oath, and before a commissioned officer of the state military force authorized to administer oaths, and must state that:
(1)  the signer has personal knowledge of, or has investigated, the matters set forth;  and
(2)  the matters set forth are true in fact to the best of the signer's knowledge and belief.
(b)  On the preferring of charges, the proper authority shall take immediate steps to determine the disposition that should be made in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.052. Compulsory Self-Incrimination Prohibited

Sec. 432.052.  COMPULSORY SELF-INCRIMINATION PROHIBITED.  (a)  A person subject to this chapter may not compel any person to incriminate himself or to answer a question the answer to which may tend to incriminate him.
(b)  A person subject to this chapter may not interrogate or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c)  A person subject to this chapter may not compel any person to make a statement or produce evidence before a military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
(d)  A statement obtained from a person in violation of this section, 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.053. Investigation

Sec. 432.053.  INVESTIGATION.  (a)  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 has been made.  This investigation must include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.
(b)  The accused is entitled to be advised of the charges against him and of his right to be represented at that investigation by counsel.  On the accused's own request, he is entitled to be represented by civilian counsel if provided by him, or by military counsel of his own selection if that counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command.  At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused.  If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy shall be given to the accused.
(c)  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 (b), further investigation of that charge is not necessary under this section unless it is demanded by the accused after he is informed of the charge.  A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d)  The requirements of this section are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.054. Forwarding of Charges

Sec. 432.054.  FORWARDING OF CHARGES.  (a)  If a person is held for trial by general court-martial, the commanding officer shall, not later than the eighth day after the date the accused is ordered into arrest or confinement, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction.
(b)  If compliance with Subsection (a) is not practicable, the commanding officer shall instead report in writing to that officer the reasons for delay.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.055. Advice of Staff Judge Advocate and Reference for Trial

Sec. 432.055.  ADVICE OF STAFF JUDGE ADVOCATE AND REFERENCE FOR TRIAL.  (a)  Before directing the trial of a charge by general court-martial, the convening authority shall refer it to the authority's staff judge advocate or legal officer for consideration and advice.  The convening authority may not refer a charge to a general court-martial for trial unless the authority has found that the charge alleges an offense under this chapter and is warranted by evidence indicated in the report of investigation.
(b)  If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications that are needed to make them conform to the evidence may be made.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter F. Pretrial Procedure › Section 432.056. Service of Charges

Sec. 432.056.  SERVICE OF CHARGES.  (a)  The trial counsel to whom court-martial charges are referred for trial shall cause to be served on the accused a copy of the charges on which trial is to be had.
(b)  In time of peace a person may not be brought to trial against his objections or be required to participate by himself or counsel in a session called by the military judge under Section 432.064(a) in a general court-martial case within five days after the date of service of charges on him, or in a special court-martial case within three days after the date of service of charges on him.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.061. Procedure

Sec. 432.061.  PROCEDURE.  The procedure, including modes of proof, in cases before military courts and other military tribunals may by regulations be prescribed by the governor.  The regulations, so far as the governor considers practicable, must conform to the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state but may not be contrary to or inconsistent with this chapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.062. Unlawfully Influencing Action of Court

Sec. 432.062.  UNLAWFULLY INFLUENCING ACTION OF COURT.  (a)  An authority convening a general, special, or summary court-martial, another commanding officer, or officer serving one of their staffs may not censure, reprimand, or admonish the court, a court member, military judge, or counsel of the court with respect to the findings or sentence adjudged by the court or with respect to another exercise of its or his functions in the conduct of the proceeding.
(b)  A person subject to this chapter may not attempt to coerce or by unauthorized means influence the action of the court-martial or another military tribunal or a member of the tribunal in reaching the findings or sentence in a case or the action of a convening, approving, or reviewing authority with respect to his judicial acts.
(c)  Subsections (a) and (b) do not apply to:
(1)  general instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of court-martial;  or
(2)  statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(d)  In the preparation of an effectiveness, fitness, or efficiency report, or another report or document used in whole or part for determining whether a member of the state military forces is qualified to be advanced in grade, 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 duty, a person subject to this chapter may not:
(1)  consider or evaluate the performance of duty of the member as a member of a court-martial or a witness in a court-martial; or
(2)  give a less favorable rating or evaluation of a member of the state military forces because of the zeal with which the member, as counsel, represented an accused before a court-martial.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 807 (H.B. 2417), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.063. Duties of Trial Counsel and Defense Counsel

Sec. 432.063.  DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL.  (a)  The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.
(b)  The accused has the right to be represented in his defense before a general, special, or summary court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under Section 432.046.  If the accused has counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel;  otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.
(c)  In every court-martial proceeding, the defense counsel, in the event of conviction, may forward for attachment to the record of proceedings, a brief of the matters the counsel feels should be considered in behalf of the accused on review, including any objection to the contents of the record that the counsel considers appropriate.
(d)  An assistant trial counsel of a general court-martial, under the direction of the trial counsel or if he is qualified to be a trial counsel as required by Section 432.046, may perform any duty imposed on the trial counsel of the court by law, regulation, or the custom of the service.  An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e)  An assistant defense counsel of a general or special court-martial, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section 432.046, may perform any duty imposed on counsel for the accused by law, regulation, or the custom of the service.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.064. Sessions

Sec. 432.064.  SESSIONS.  (a)  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, subject to Section 432.056, may call the court into session without the presence of the members for the purpose of:
(1)  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;
(2)  hearing and ruling on matters that may be ruled on by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3)  holding the arraignment and receiving the pleas of the accused if permitted by regulations of the governor;  and
(4)  performing any other procedural function that may be performed by the military judge under this chapter or under rules prescribed pursuant to Section 432.061 and that does not require the presence of the members of the court.
(b)  Proceedings under this section 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.
(c)  When the members of a court-martial deliberate or vote, only the members may be present.  All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.065. Continuances

Sec. 432.065.  CONTINUANCES.  The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to a party for the period, and as often, as may appear to be just.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.066. Challenges

Sec. 432.066.  CHALLENGES.  (a)  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.  The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time.  Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b)  Each accused and the trial counsel are entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.068. Limitations

Sec. 432.068.  LIMITATIONS.  (a)  A person charged with desertion or absence without leave in time of war, aiding the enemy, or mutiny may be tried and punished at any time without limitation.
(b)  A person charged with desertion in time of peace or with an offense punishable under Sections 432.157, 432.158, or 432.159 is not liable to be tried by court-martial if the offense was committed more than three years before the date of receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c)  A person charged with any offense is not liable to be tried by court-martial or punished under Section 432.015 if the offense was committed more than two years before the date of receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command, or before the imposition of punishment under Section 432.015.
(d)  A period in which the accused is absent from territory in which the state has the authority to apprehend him, is in the custody of civil authorities, or is in the hands of the enemy is excluded in computing the period of limitation prescribed by this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.007, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.069. Former Jeopardy

Sec. 432.069.  FORMER JEOPARDY.  (a)  A person may not be tried a second time in a military court of the state for the same offense.
(b)  A proceeding in which an accused has been found guilty by a court-martial on a charge or specification is not a trial for the purposes of this section until the finding of guilty has become final after review of the case has been fully completed.
(c)  A proceeding that, 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 fault of the accused is a trial for the purposes of this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.070. Pleas of Accused

Sec. 432.070.  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, 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 a 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 on the charge or specification may, if permitted by regulations of the governor, be entered immediately without vote.  This finding constitutes the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.071. Opportunity to Obtain Witnesses and Other Evidence

Sec. 432.071.  OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.  (a)  The trial counsel, defense counsel, accused, and court-martial have equal opportunity to obtain witnesses and other evidence.  Each has the right of compulsory process for obtaining witnesses.
(b)  The presiding officer of a court-martial may:
(1)  issue a warrant for the arrest of an accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(2)  issue subpoenas duces tecum and other subpoenas;
(3)  enforce by attachment the attendance of witnesses and the production of books and papers;  and
(4)  sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.
(c)  Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence runs to any part of the state and shall be executed by civil officers or peace officers as described by the laws of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.072. Refusal to Appear or Testify

Sec. 432.072.  REFUSAL TO APPEAR OR TESTIFY.  (a)  A person not subject to this chapter commits an offense if the person:
(1)  has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before a military or civil officer or peace officer designated to take a deposition to be read in evidence before a court;
(2)  has been duly paid or tendered by the Texas military forces the fees and mileage of a witness at the rates allowed to witnesses under Section 432.192; and
(3)  wilfully neglects or refuses to appear, qualify as a witness, testify, or produce evidence that the person may have been legally subpoenaed to produce.
(b)  An offense under this section is punishable by fine not to exceed $1,000 or confinement not to exceed 60 days in jail, or by both.  The witness may be prosecuted in the appropriate county court.
(c)  The appropriate prosecuting official for the state in a county court having jurisdiction where the military proceeding was convened, on submission of a complaint to the official by the presiding officer of a military court, commission, court of inquiry, or board, shall file an information against and prosecute a person violating this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.04, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.073. Contempt

Sec. 432.073.  CONTEMPT.  A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings by riot or disorder.  Punishment may not exceed confinement for 30 days and a fine of $100.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.074. Depositions

Sec. 432.074.  DEPOSITIONS.  (a)  At any time after charges have been signed, as provided in Section 432.051, a party may take oral or written depositions unless the military judge, a court-martial without a military judge 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.  If a deposition is to be taken before charges are referred for trial, the authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
(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.
(c)  Depositions may be taken before and authenticated by any military or civil officer authorized to administer oaths by laws of the state or by the laws of the place where the deposition is taken.
(d)  A duly authenticated deposition taken on reasonable notice to the other parties, to the extent otherwise admissible under the rules of evidence, may be read in evidence before a military court or commission, or in a proceeding before a court of inquiry or military board, if it appears that:
(1)  the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or more than 100 miles from the place of trial or hearing;
(2)  the witness because 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 location of the witness is unknown.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.075. Admissibility of Records of Courts of Inquiry

Sec. 432.075.  ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY.  (a)  In a 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 a party before a court-martial if the accused was a party before the court of inquiry and the same issue was involved or if the accused consents to the introduction of the evidence.
(b)  The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c)  The testimony may also be read in evidence before a court of inquiry or a military board.
(d)  In all courts of inquiry both enlisted men and officers have the right to counsel and the right to cross examination of all witnesses.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.076. Voting and Rulings

Sec. 432.076.  VOTING AND RULINGS.  (a)  Voting by members of a general or special court-martial on the findings or sentence, and by members of a court-martial without a military judge upon questions of challenge, must 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 immediately announce the result of the ballot to the members of the court.
(b)  The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule on all questions of law and interlocutory questions arising during the proceedings.  A ruling made by the military judge on a question of law or interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge on a question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court.  However, the military judge or the president of a court-martial without a military judge may change the ruling at any time during the trial.  Unless the ruling is final, if a member objects to it the court shall be cleared and closed and the question decided by a voice vote as provided by Section 432.077 beginning with the junior in rank.
(c)  Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge, in the presence of the accused and counsel, shall 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 guilt is established by legal and competent evidence beyond 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 he 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 not a reasonable doubt;  and
(4)  the burden of proof of establishing the guilt of the accused beyond reasonable doubt is on the state.
(d)  Subsections (a), (b), and (c) do 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 on request find the facts specially.  If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear in that document.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.077. Number of Votes Required

Sec. 432.077.  NUMBER OF VOTES REQUIRED.  (a)  A person may be convicted of an offense only by the concurrence of two-thirds of the members present when the vote is taken.
(b)  All sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.
(c)  All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote.  A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a finding of guilty or to reconsider a sentence for the purpose of reducing it may be made by a lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.  A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.  A tie vote on any other question is a determination in favor of the accused.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.078. Court-Martial to Announce Action

Sec. 432.078.  COURT-MARTIAL TO ANNOUNCE ACTION.  A court-martial shall announce its findings and sentence to the parties as soon as determined.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter G. Trial Procedure › Section 432.079. Record of Trial

Sec. 432.079.  RECORD OF TRIAL.  (a)  Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it.  The record must be authenticated by the signature of the military judge.  If the record cannot be authenticated by the military judge because of the judge's death, disability, or absence, it must be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it because of the counsel's death, disability, or absence.  In a court-martial consisting of only a military judge, the record must be authenticated by the court reporter under the same conditions that would impose that duty on a member under this subsection.  If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record must contain the matters prescribed by regulations of the governor.
(b)  Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record must contain the matter and be authenticated in the manner prescribed by regulations of the governor.
(c)  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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter H. Sentences › Section 432.091. Cruel and Unusual Punishments Prohibited

Sec. 432.091.  CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.  Punishment by flogging, branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted on any person subject to this chapter.  The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter H. Sentences › Section 432.092. Limits

Sec. 432.092.  LIMITS.  The punishment that a court-martial may direct for an offense may not exceed the limits prescribed by this chapter nor limits prescribed by the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter H. Sentences › Section 432.093. Effective Date of Sentences

Sec. 432.093.  EFFECTIVE DATE OF SENTENCES.  (a)  If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.  A forfeiture may not extend to pay or allowances accrued before that date.
(b)  A 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, but periods during which the sentence to confinement is suspended or deferred are excluded in computing the service of the term of confinement.
(c)  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 the convening authority's jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence.  The deferment shall terminate when the sentence is ordered executed.  The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under that officer's jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(d)  In the militia or state military forces not in federal service, a sentence of dismissal or dishonorable discharge may not be executed until it is approved by the governor.
(e)  All other sentences of courts-martial are effective on the date ordered executed.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter H. Sentences › Section 432.094. Execution of Confinement

Sec. 432.094.  EXECUTION OF CONFINEMENT.  (a)  A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be executed by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose.  Persons confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of a political subdivision of the state.
(b)  The omission of the words "hard labor" from a sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(c)  The keepers, officers, and wardens of city or county jails and other jails, penitentiaries, or prisons designated by the governor or by a person authorized by the governor to act under Section 432.011, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.  The keeper, officer, or warden may not require payment of a fee or charge for receiving or confining a person.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.008, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.101. Error of Law; Lesser Included Offense

Sec. 432.101.  ERROR OF LAW;  LESSER INCLUDED OFFENSE.  (a)  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.
(b)  A reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm instead as much of the finding as includes a lesser included offense.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.102. Initial Action on Record

Sec. 432.102.  INITIAL ACTION ON RECORD.  After trial by court-martial the record shall be forwarded to the convening authority, and action on the record may be taken by the person who convened the court, a commissioned officer then commanding, a successor in command, or any officer exercising general court-martial jurisdiction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.103. Same General Court-Martial Records

Sec. 432.103.  SAME GENERAL COURT-MARTIAL RECORDS.  The convening authority shall refer the record of each general court-martial to the authority's judge advocate who shall submit the judge advocate's written opinion on the record to the convening authority.  If the final action of the court resulted in an acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.104. Reconsideration and Revision

Sec. 432.104.  RECONSIDERATION AND REVISION.  (a)  If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
(b)  If an apparent error or omission is in the record or the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence that can be corrected without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.  However, a record may not be returned for:
(1)  reconsideration of a finding of not guilty, or a ruling that amounts to a finding of not guilty;
(2)  consideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge that sufficiently alleges a violation of this chapter;  or
(3)  increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.105. Rehearings

Sec. 432.105.  REHEARINGS.  (a)  If the convening authority disapproves the finding and sentence of a court-martial, the authority, unless there is lack of sufficient evidence in the record to support the findings, may order a rehearing.  The authority shall state the reasons for a disapproval.  If the authority disapproves the findings and sentence and does not order a rehearing, the authority shall dismiss the charges.
(b)  Each rehearing must take place before a court-martial composed of members who were not members of the court-martial that first heard the case.  On a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and sentence in excess of or more severe than the original sentence may not be imposed, 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.106. Approval by Convening Authority

Sec. 432.106.  APPROVAL BY CONVENING AUTHORITY.  In acting on the findings and sentence of a court-martial, the convening authority may approve only findings of guilty and the sentence or part or amount of the sentence that the authority finds correct in law and fact and that the authority in his discretion determines should be approved.  Unless the authority indicates otherwise, approval of the sentence is approval of the findings and sentence.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.107. Disposition of Records After Review by Convening Authority

Sec. 432.107.  DISPOSITION OF RECORDS AFTER REVIEW BY CONVENING AUTHORITY.  (a)  If the convening authority is the governor, the governor's action on the review of any record of trial is final.
(b)  If the convening authority is not the governor, and if the sentence of a special court-martial as approved by the convening authority includes a dishonorable discharge, whether or not suspended, the entire record shall be sent to the appropriate judge advocate or legal officer of the state military forces concerned to be reviewed in the same manner as a record of trial by general court-martial.  The record and the opinion of the judge advocate or legal officer shall then be sent to the state judge advocate general for review.
(c)  All other special and summary court-martial records shall be sent to the judge advocate or legal officer of the appropriate force of the state military forces and shall be acted on, transmitted, and disposed of as prescribed by regulations of the governor.
(d)  The state judge advocate general shall review the record of trial in each case sent to him for review under Subsection (b).  If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate general is limited to questions of jurisdiction.
(e)  The state judge advocate general shall take final action in any case reviewable by him.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.108. Review by State Judge Advocate General

Sec. 432.108.  REVIEW BY STATE JUDGE ADVOCATE GENERAL.  (a)  In a case reviewable by the state judge advocate general, the state judge advocate general may act only with respect to the findings and sentence as approved by the convening authority.  He may affirm only findings of guilty and the sentence or part of the sentence that he finds correct in law and fact and determines, on the basis of the entire record, should be approved.  In considering the record, the state judge advocate general may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.  If the state judge advocate general sets aside the findings and sentence, he may order a rehearing, unless the setting aside is based on lack of sufficient evidence in the record to support the findings.  If the state judge advocate general sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
(b)  In a case reviewable by the state judge advocate general, the state judge advocate general shall instruct the convening authority to act in accordance with his decision on the review.  If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 309, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 432 - Texas Code of Military Justice › Subchapter I. Review of Courts-Martial › Section 432.110. Appellate Counsel

Sec. 432.110.  APPELLATE COUNSEL.  The trial counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel on an appeal authorized under this chapter.  The accused has the additional right to be represented by civilian counsel at his own expense.  If the defense or trial counsel becomes unable to perform these duties because of illness or other disability, the convening authority shall appoint a qualified trial or defense counsel to continue the proceedings.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.