Ch. 5

2003 LAWS OF MARYLAND

AN ENLISTED INDIVIDUAL CONVICTED OF AN OFFENSE LISTED IN § 13-803 OF
THIS SUBTITLE IS SUBJECT TO A FINE NOT EXCEEDING $100.

(E) DISMISSAL OR DISHONORABLE DISCHARGE.

A SENTENCE OF DISMISSAL FROM THE SERVICE OR DISHONORABLE
DISCHARGE IMPOSED BY A COURT-MARTIAL MAY NOT BE EXECUTED UNTIL
APPROVED BY THE GOVERNOR

REVISOR'S NOTE: This section is new language derived without substantive
change from the fourth, sixth, and seventh sentences of former Art. 65, §
43, the first and second sentences of § 44, the first and second sentences of
§ 48, as each of those sentences related to the penalties that may be
imposed by court-martial.

In the introductory language of subsections (a) and (c) of this section, the
former references to courts-martial "of the organized militia" are deleted
in light of § 13-801 of this subtitle.

In the introductory language of subsection (a) of this section, the reference
to "[a] general court-martial ... impos[ing] one or more of the following
penalties" is substituted for the former reference to the authority to
combine "any two or more of such punishments ... in the sentences
imposed by such courts" for brevity.

In subsection (a)(1) of this section, the phrase "except as provided in
subsection (d) of this section" is added to provide a cross-reference to a
limitation on a fine for an enlisted individual.

In subsections (a)(6) and (c)(4) of this section, the former references to fines
"authorized to be imposed" are deleted as surplusage.

In subsection (b)(1) of this section, the reference to the authority to "impose
the penalties listed in subsection (a) of this section" is substituted for the
former reference to having the "same powers of punishment as do general
courts-martial" for clarity.

In subsection (c) of this section, the former phrase "when satisfied of the
guilt of such soldier" is deleted as unnecessary and implicit in the power to
impose a penalty.

In subsection (d) of this section, the term enlisted "individual" is
substituted for the former phrase enlisted "man of the organized militia".
See General Revisor's Note to title.

13-813. SENTENCING.

(A) IMPOSITION OF SENTENCE.

(1) AFTER IMPOSING A SENTENCE OF IMPRISONMENT AND ON
APPROVAL OF THE FINDINGS AND SENTENCE OF THE COURT BY THE OFFICER
APPOINTING THE COURT, THE INDIVIDUAL PRESIDING OVER A COURT-MARTIAL
SHALL MAKE OUT AND SIGN A CERTIFICATE ENTITLING THE CASE THAT INCLUDES:

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