2010 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER IV - COURT-MARTIAL JURISDICTION
Sec. 820 - Art. 20. Jurisdiction of summary courts-martial

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 4, Title 10 - ARMED FORCES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER IV - COURT-MARTIAL JURISDICTION
Sec. 820 - Art. 20. Jurisdiction of summary courts-martial
Containssection 820
Date2010
Laws in Effect as of DateJanuary 7, 2011
Positive LawYes
Dispositionstandard
Source CreditAug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, §2(6), Oct. 24, 1968, 82 Stat. 1336.
Statutes at Large References64 Stat. 114
82 Stat. 1336
Public Law ReferencesPublic Law 90-632


§820. Art. 20. Jurisdiction of summary courts-martial

Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. 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. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, §2(6), Oct. 24, 1968, 82 Stat. 1336.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
820 50:580. May 5, 1950, ch. 169, §1 (Art. 20), 64 Stat. 114.

The word “shall” in the first sentence is omitted as surplusage. The word “may” is substituted for the word “shall” in the second sentence. The words “the provisions of” are omitted as surplusage. The word “If” is substituted for the word “Where”. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “pay in excess of”.

Amendments

1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person's objection if he has previously been offered and has refused article 15 punishment.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

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