US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 327. —  General courtsmartial of National Guard not in Federal service.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC327]

 
                        TITLE 32--NATIONAL GUARD
 
                          CHAPTER 3--PERSONNEL
 
Sec. 327. Courts-martial of National Guard not in Federal 
        service: convening authority
        
    (a) In the National Guard not in Federal service, general, special, 
and summary courts-martial may be convened as provided by the laws of 
the respective States and Territories, Puerto Rico, and the District of 
Columbia.
    (b) In the National Guard not in Federal service--
        (1) general courts-martial may be convened by the President;
        (2) special courts-martial may be convened--
            (A) by the commanding officer of a garrison, fort, post, 
        camp, air base, auxiliary air base, or other place where members 
        of the National Guard are on duty; or
            (B) by the commanding officer of a division, brigade, 
        regiment, wing, group, detached battalion, separate squadron, or 
        other detached command; and

        (3) summary courts-martial may be convened--
            (A) by the commanding officer of a garrison, fort, post, 
        camp, air base, auxiliary air base, or other place where members 
        of the National Guard are on duty; or
            (B) by the commanding officer of a division, brigade, 
        regiment, wing, group, detached battalion, detached squadron, 
        detached company, or other detachment.

    (c) The convening authorities provided under subsection (b) are in 
addition to the convening authorities provided under subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100-456, div. A, title 
XII, Sec. 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 107-314, 
div. A, title V, Sec. 512(b), Dec. 2, 2002, 116 Stat. 2537.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
327(a)................................  32:92 (1st 46 words).                June 3, 1916, ch. 134, Sec.  103,
327(b)................................  32:92 (less 1st 46 words).            39 Stat. 208.
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``Federal service'' are substituted for 
the words ``service of the United States''.
    In subsection (b), the words ``A general court-martial may sentence 
to--'' are substituted for the words ``and such courts shall have the 
power to impose * * * to sentence''. The words ``any combination of 
these punishments'' are substituted for the words ``or any two or more 
of such punishments may be combined in the sentences imposed by such 
courts''.


                               Amendments

    2002--Pub. L. 107-314 amended section catchline and text generally. 
Prior to amendment, text read as follows:
    ``(a) In the National Guard not in Federal service, general courts-
martial may be convened by the President or by the governor of a State 
or Territory or Puerto Rico or by the commanding general of the National 
Guard of the District of Columbia.
    ``(b) A general court-martial may sentence to--
        ``(1) a fine of not more than $200;
        ``(2) forfeiture of pay and allowances;
        ``(3) a reprimand;
        ``(4) dismissal or dishonorable discharge;
        ``(5) reduction of a noncommissioned officer to the ranks; or
        ``(6) any combination of these punishments.''
    1988--Subsec. (a). Pub. L. 100-456 substituted ``Territory or Puerto 
Rico'' for ``Territory, Puerto Rico, or the Canal Zone,''.


 Models for State Code of Military Justice and State Manual for Courts-
                                 Martial

    Pub. L. 107-314, div. A, title V, Sec. 512(e), Dec. 2, 2002, 116 
Stat. 2537, provided that:
    ``(1) The Secretary of Defense shall prepare a model State code of 
military justice and a model State manual for courts-martial to 
recommend to the States for use with respect to the National Guard not 
in Federal service. Both such models shall be consistent with the 
recommendations contained in the report that was issued in 1998 by the 
Department of Defense Panel to Study Military Justice in the National 
Guard not in Federal Service.
    ``(2) The Secretary shall ensure that adequate support for the 
preparation of the model State code of military justice and the model 
State manual for courts-martial (including the detailing of attorneys 
and other personnel) is provided by the General Counsel of the 
Department of Defense, the Secretary of the Army, the Secretary of the 
Air Force, and the Chief of the National Guard Bureau.
    ``(3) If the funds available to the Chief of the National Guard 
Bureau are insufficient for paying the cost of the National Guard Bureau 
support required under paragraph (2) (including increased costs of pay 
of members of the National Guard for additional active duty necessitated 
by such requirement and increased cost of detailed attorneys and other 
staff, allowances, and travel expenses related to such support), the 
Secretary shall, upon request made by the Chief of the Bureau, provide 
such additional funding as the Secretary determines necessary to satisfy 
the requirement for such support.
    ``(4) Not later than one year after the date of the enactment of 
this Act [Dec. 2, 2002], the Secretary shall submit a report on the 
actions taken to carry out this subsection to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives. The report shall include proposals in final form of 
both the model State code of military justice and the model State manual 
for courts-martial required by paragraph (1), together with a discussion 
of the efforts being made to present those proposals to the States for 
their consideration for enactment or adoption, respectively.
    ``(5) In this subsection, the term `State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and 
Guam.''



chanrobles.com.Com