MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Veterans and Military Affairs; Accountability, Efficiency, Transparency
By: Senator(s) Parker, DeBar
AN ACT TO AMEND SECTION 33-13-155, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM FINES WHICH MAY BE IMPOSED BY GENERAL COURTS-MARTIAL; TO AMEND SECTION 33-13-157, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM FINE WHICH MAY BE IMPOSED BY SPECIAL COURTS-MARTIAL; TO AMEND SECTION 33-13-159, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM FINE WHICH MAY BE IMPOSED BY SUMMARY COURTS-MARTIAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-13-155, Mississippi Code of 1972, is amended as follows:
33-13-155. (1) Subject to Section 33-13-153 of this code, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may under such limitations as the Governor may prescribe, adjudge any of the following punishments:
(a) A fine of not more
than * * * Two Thousand Dollars ($2,000.00) or
confinement for not more than six (6) months;
(b) A reprimand; or
(c) A bad conduct discharge; or
(d) Dismissal or a dishonorable discharge; or
(e) Reduction of enlisted personnel to lowest pay grade; or
(f) Any combination of these punishments.
(2) A dismissal, a bad conduct, or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) of this code was detailed to represent the accused, and a military judge was detailed to the trial.
SECTION 2. Section 33-13-157, Mississippi Code of 1972, is amended as follows:
33-13-157. (1) Subject to Section 33-13-153 of this code, special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:
(a) A fine of not more
than * * * One Thousand Dollars ($1,000.00), or
confinement of not more than one hundred (100) days for a single offense.
(b) A dishonorable discharge may not be imposed.
(2) A dismissal of a warrant officer or a bad conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) of this code was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
SECTION 3. Section 33-13-159, Mississippi Code of 1972, is amended as follows:
33-13-159. (1) Subject to Section 33-13-153 of this code, summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.
(2) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial, as may be appropriate.
(3) A summary court-martial
may sentence to a fine of not more than * * * Two
Hundred Fifty Dollars ($250.00) or confinement for not more than twenty-five
(25) days for a single offense and reduction of enlisted personnel to the
lowest pay grade.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.