ROBERT L. EHRLICH, JR., Governor

Ch. 5

(2) A SUMMARY COURT-MARTIAL SHALL CONSIST OF ONE OFFICER

(B)     POWERS.

A SUMMARY COURT OFFICER MAY:

(1)      TRY AN ENLISTED INDIVIDUAL OF THE SUMMARY COURT-MARTIAL'S
PLACE OR COMMAND FOR A BREACH OF DISCIPLINE OR VIOLATION OF LAW
GOVERNING THE PLACE OR COMMAND; AND

(2)      ADMINISTER AN OATH.

(C)     PROCEDURES.

(1)      THE PROCEEDINGS OF A SUMMARY COURT-MARTIAL SHALL BE
INFORMAL.

(2)      THE MINUTES OF A SUMMARY COURT-MARTIAL SHALL BE THE SAME
AS PRESCRIBED FOR THE MINUTES FOR A SUMMARY COURT OF THE UNITED STATES
ARMY OR AIR FORCE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the fourth paragraph of former Art. 65, § 43, as it related to
the convening of a summary court-martial and the powers and procedures
for a summary court-martial.

In subsection (b)(1) of this section, the term enlisted "individual" is
substituted for the former term enlisted "men". See General Revisor's Note
to title.

In subsection (c)(2) of this section, the reference to the "Air Force" is added
to conform to current practice and law relating to the Maryland Air
National Guard. See General Revisor's Note to title.

The balance of the fourth paragraph of former Art. 65, § 43 is revised in §§
13-801 and 13-812(c) of this subtitle.

13-809. IMMUNITY FROM LIABILITY.

AN INDIVIDUAL HAS THE IMMUNITY FROM LIABILITY DESCRIBED IN § 5-513 OF
THE COURTS ARTICLE IF THE INDIVIDUAL IS:

(1)      A MEMBER OF A COURT-MARTIAL; OR

(2)      AN OFFICER OR OTHER INDIVIDUAL:

(I)      ACTING UNDER THE COURT'S AUTHORITY; OR

(II)     REVIEWING THE COURT'S PROCEEDINGS BECAUSE OF THE
APPROVAL, IMPOSITION, OR EXECUTION OF A SENTENCE, THE IMPOSITION OR
COLLECTION OF A FINE OR PENALTY, OR THE EXECUTION OF A WARRANT, WRIT,
EXECUTION, PROCESS, OR MANDATE OF A COURT-MARTIAL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 46.

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