Page:United States Statutes at Large Volume 62 Part 1.djvu/660

 PUBLIC LAWS-CH. 625 -JUNE 24, 1948 41 Stat. 789. 10 U.S. C.§ 1484. Dishonorable dis- charge, etc. Bad-conduct dis- charge. Restriction. 41 Stat. 789. 10 U. . C. §1486. Noncommissioned officers. Exceptions. Restriction on powers. 41 Stat. 790. 10 U. S. C. 1487. Confinement, re- striction. 41 Stat. 791. 10 U.S. C.§ 1493. ?ided, That general courts-martial shall have power to adjudge any punishment authorized by law or the custom of the service including a bad-conduct discharge." SEC. 210. Article 13 is amended to read as follows: "ART. 13, SPECIAL COURTS-MARTIAL .- Special courts-martial shall have power to try any person subject to military law for any crime or offense not capital made punishable by these articles: Provided, That the officer competent to appoint a general court-martial for the trial of any particular case may, when in his judgment the interests of the service so require, cause any case to be tried by a special court- martial notwithstanding the limitations upon the jurisdiction of the special court-martial as to offenses herein prescribed. "Special courts-martial shall not have power to adjudge dishonor- able discharge or dismissal, or confinement in excess of six months, nor to adjudge forfeiture of more than two-thirds pay per month for a period of not exceeding six months: Provided, That subject to approval of the sentence by an officer exercising general court-martial jurisdiction and subject to appellate review by The Judge Advocate General and appellate agencies in his office, a special court-martial may adjudge a bad-conduct discharge in addition to other authorized pun- ishment: Provided further, That a bad-conduct discharge shall not be adjudged by a special court-martial unless a complete record of the proceedings of and testimony taken by the court is taken in the case." SEC. 211. Article 14 is amended to read as follows: "ART. 14. STJMM"Ry COURTs-MARTIAL .-Summary courts-martial shall have power to try any person subject to military law, except an officer, a warrant officer, or a cadet, for any crime or offense not capital made punishable by these articles: Provided,That noncommissioned officers shall not, if they object thereto, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a special court-martial: Providedfurther, That the President may, by regulations, except from the jurisdiction of summary courts-martial any class or classes of persons subject to military law. "Summary courts-martial shall not have power to adjudge confine- ment in excess of one month, restriction to limits for more than three months, or forfeiture or detention of more than two-thirds of one month's pay." SEC. 212. Article 16 is amended to read as follows: "ArT. 16. PERSONS IN THE MILITARY SERVICE-How TRIABLE. - Officers shall be triable only by general and special courts-martial and in no case shall a person in the military service, when it can be avoided, be tried by persons inferior to him in rank. No enlisted person may sit as a member of a court-martial for the trial of another enlisted person who is assigned to the same company or corresponding military unit. "No person subject to military law shall be confined with enemy prisoners or any other foreign nationals outside of the continental limits of the United States, nor shall any defendant awaiting trial be made subject to punishment or penalties other than confinement prior to sentence on charges against him." SEC. 213. Article 22 is amended to read as follows: "ATr. 22. PROCESS To OBTAIN WrrESSEs.-Every trial judge advo- cate of a general or special court-martial and every summary court- martial shall have power to issue the like process to compel witnesses to appear and testify which courts of the United States having crim- inal jurisdiction ma lawfully issue; but such process shall run to any art of the United States, its Territories, and possessions. Witnesses or the defense shall be subpenaed, upon request by the defense counsel, 630 [62 STAT.

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