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§ 44-44 Special courts-martial

A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or state active duty, the first commanding officer in the rank of colonel or above may convene special courts-martial.

B. A special court-martial may not try a commissioned officer.

C. A special court-martial shall have the authority to impose any of the following fines and penalties:

1. A fine of not more than $1,000;

2. Forfeiture of two-thirds pay per month for six months;

3. A reprimand;

4. Bad Conduct discharge;

5. Restriction to limits;

6. Imposition of extra duty;

7. Confinement for not more than three months;

8. Reduction of enlisted persons one or more pay grades; or

9. Any combination of these punishments.

History

This law was first created in 1930. The record of its establishment is cataloged at page 956 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1930 “Acts” aren’t available online. It has been modified 6 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1942, when it was recodified as § 2673(34); in 1958, chapter 393; in 1964, chapter 227; in 1976, chapter 399; in 1977, chapter 74; in 2011, chapters 572 and 586.

1930, p. 956; Michie Code 1942, § 2673(34); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. 572, 586.

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