There is a newer version of this Section
2022
2021
2020
2019 (you are here)
2018
Other previous versions
View our newest version here

2019 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice
Part 8 - Sentences
§ 38-2-1058.2. Forfeiture of pay and allowances

Universal Citation: GA Code § 38-2-1058.2 (2019)
Previous

  • (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.

History:

Code 1981, § 38-2-1058.2, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Previous
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.