§119. Article 19. Special courts-martial

            A. Subject to Article 17 of this Code, special courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code. A special courts-martial may not try a commissioned officer.

            B. In the National Guard not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority.

            C. A special court-martial may sentence to:

            (1) A fine of not more than two hundred dollars.

            (2) Forfeiture of pay and allowances.

            (3) A reprimand.

            (4) Bad-conduct discharge or dishonorable discharge.

            (5) Reduction of a noncommissioned officer to the ranks.

            (6) Confinement of not more than twelve months.

            (7) Any combination of these punishments.

            D. If the charges and specifications are referred to a special court-martial consisting of a military judge alone under Article 16(A)(2)(b) of this Code:

            (1) The military judge may not sentence an accused to a bad-conduct discharge, nor confinement of more than six months, nor forfeiture of pay for more than six months.

            (2) With the consent of the parties, the military judge may appoint a military magistrate to preside over the special court-martial.

            Acts 1974, No. 621, §1. Amended by Acts 1979, No. 717, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.