S.B. No. 1217
AN ACT
relating to the punishments authorized under the Texas Code of
Military Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 432.021, Government Code, is amended by
amending Subsection (b) and adding Subsection (i) to read as
follows:
(b) Subject to Subsection (a), a commanding officer may, in
addition to or in lieu of admonition or reprimand, impose one or
more of the following disciplinary punishments for minor offenses
without the intervention of a court-martial:
(1) on officers of his command:
(A) restriction to certain specified limits with
or without suspension from duty, for not more than 30 days; or
(B) if imposed by the governor, or an officer of
general rank in command:
(i) arrest in quarters for not more than 30
days;
(ii) forfeiture of not more than half of one
month's pay a month for two months or a fine of not more than $75;
(iii) restriction to certain specified
limits, with or without suspension from duty, for not more than 60
days; or
(iv) detention of not more than half of one
month's pay a month for three months; and
(2) on other personnel of his command:
(A) if imposed on a person attached to or
embarked in a vessel, confinement for not more than three days;
(B) correctional custody for not more than seven
days;
(C) forfeiture of not more than seven days' pay
or a fine of not more than $50;
(D) reduction of not more than two pay grades, if
imposed by a commanding officer of the grade of colonel or above, or
reduction of not more than one [to the next inferior] pay grade, if
imposed by a commanding officer of a grade lower than colonel [the
grade from which demoted is within the promotion authority of the
officer imposing the reduction or an officer subordinate to the one
who imposes the reduction];
(E) extra duties including fatigue or other
duties, for not more than 30 days, which need not be consecutive,
and for not more than two hours a day, holidays included;
(F) restriction to certain specified limits,
with or without suspension from duty for not more than 14 days;
(G) detention of not more than 14 days' pay; or
(H) if imposed by an officer of the grade of major
or above:
(i) the punishment authorized under
Subsection (b)(2)(A);
(ii) correctional custody for not more than
30 days;
(iii) forfeiture of not more than half of
one month's pay a month for two months or a fine of not more than
$100;
(iv) reduction to the lowest or any
intermediate pay grade, if the grade from which demoted is within
the promotion authority of the officer imposing the reduction or an
officer subordinate to the one who imposes the reduction, but an
enlisted member in a pay grade above E-4 may not be reduced more
than two pay grades;
(v) extra duties, including fatigue or
other duties, for not more than 45 days which need not be
consecutive and for not more than two hours a day, holidays
included;
(vi) restriction to certain specified
limits with or without suspension from duty, for not more than 60
days; or
(vii) detention of not more than half of one
month's pay a month for three months.
(i) A commanding officer may delegate authority to make a
reduction in pay grade under Subsection (b)(2)(D) to the commanding
officer's executive officer, chief of staff, or vice commander.
SECTION 2. Subsection (a), Section 432.033, Government
Code, is amended to read as follows:
(a) Subject to Section 432.032, a general court-martial has
jurisdiction to try a person subject to this chapter for any offense
made punishable by this chapter and may, under limitations the
governor prescribes, adjudge any of the following punishments:
(1) a fine of not more than $1,000 [$200] or
confinement for not more than 360 [200] days;
(2) forfeiture of pay and allowances;
(3) reprimand;
(4) dismissal or dishonorable discharge;
(5) reduction of a noncommissioned officer to the
ranks; or
(6) any combination of those punishments.
SECTION 3. Subsection (a), Section 432.034, Government
Code, is amended to read as follows:
(a) Subject to Section 432.032, a special court-martial has
jurisdiction to try a person subject to this chapter, except a
commissioned officer, for any offense for which he may be punished
under this chapter. A special court-martial has the same powers of
punishment as a general court-martial, except that a special
court-martial may not impose more than a $500 [$100] fine or
confinement of more than 180 [100] days for a single offense.
SECTION 4. Subsection (c), Section 432.035, Government
Code, is amended to read as follows:
(c) A summary court-martial may sentence a person to pay a
fine of not more than $200 [$25] or confinement for not more than 90
[25] days for a single offense, to forfeiture of pay and allowances,
and to reduction of a noncommissioned officer to the ranks.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1217 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1217 passed the House on
May 9, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor