Kansas Statutes

Chapter 48: Militia, Defense And Public Safety

Article 24: Code Of Military Justice; Courts-Martial Jurisdiction

Statutes:

• 48-2401: (KCMJ Art. 16) Courts-martial classified.
• 48-2401a: (KCMJ Art. 17) Jurisdiction of courts-martial in general.
• 48-2402: (KCMJ Art. 18) Jurisdiction of general courts-martial.
• 48-2402a: (KCMJ Art. 19) Jurisdiction of special courts-martial.
• 48-2403: (KCMJ Art. 20) Jurisdiction of summary courts-martial.
• 48-2404: Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge or dismissal adjudged.
• 48-2405: (KCMJ Art. 20b) Summary court-martial; confinement instead of fine.
• 48-2406: Jurisdiction of persons and offenses.

• 48-2401: (KCMJ Art. 16) Courts-martial classified. (a) In the state military forces not in federal service, there are general, special and summary courts-martial constituted like similar courts of the armed forces of the United States. Such state military courts have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts of the armed forces of the United States.

        (b)   The three kinds of courts-martial are:

        (1)   General courts-martial consisting of:

        (A)   A military judge and not less than five members; or

        (B)   only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.

        (2)   Special courts-martial consisting of:

        (A)   Not less than three members;

        (B)   a military judge and not less than three members; or

        (C)   only a military judge, if one has been detailed to the court, and the accused, under the same conditions as those prescribed in subsection (b)(1)(B), so requests.

        (3)   Summary courts-martial, consisting of one commissioned officer.

        History:   L. 1972, ch. 203, § 48-2401; L. 1988, ch. 191, § 11; July 1.

• 48-2401a: (KCMJ Art. 17) Jurisdiction of courts-martial in general. The state military force has court-martial jurisdiction over all persons subject to this code.

        History:   L. 1988, ch. 191, § 12; July 1.

• 48-2402: (KCMJ Art. 18) Jurisdiction of general courts-martial. General courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:

        (1)   A fine of not more than $500 or confinement not more than six months, or both;

        (2)   forfeiture of pay not to exceed 2/3 of the monthly pay for three months;

        (3)   a reprimand;

        (4)   dismissal or dishonorable or bad-conduct discharge;

        (5)   reduction of enlisted persons to a lower grade; or

        (6)   any combination of these punishments.

        History:   L. 1972, ch. 203, § 48-2402; L. 1988, ch. 191, § 13; July 1.

• 48-2402a: (KCMJ Art. 19) Jurisdiction of special courts-martial. Special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code. Special courts-martial may, under such limitations as the governor may prescribe, adjudge any punishment not forbidden by the code, except dishonorable discharge, dismissal, confinement for more than three months or forfeiture of pay for more than three months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and verbatim testimony has been made, counsel pursuant to K.S.A. 48-2505 and amendments thereto was detailed to represent the accused and a military judge was detailed to the trial, except in cases in which a military judge was not detailed, the convening authority shall make a detailed written statement, to be appended to the record, stating the reasons a military judge could not be detailed.

        History:   L. 1988, ch. 191, § 14; July 1.

• 48-2403: (KCMJ Art. 20) Jurisdiction of summary courts-martial. (a) Summary courts-martial have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code.

        (b)   No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by general court-martial or special court-martial.

        (c)   A summary court-martial may sentence to a fine of not more than $50 for a single offense, to forfeiture of pay not to exceed 1/2 of one month's pay for two months and to reduction of enlisted persons to a lower grade.

        History:   L. 1972, ch. 203, § 48-2403; L. 1988, ch. 191, § 15; July 1.

• 48-2404: Complete record of proceedings and testimony if dishonorable discharge, bad conduct discharge or dismissal adjudged. A dishonorable discharge, bad conduct discharge, punitive discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.

        History:   L. 1972, ch. 203, § 48-2404; July 1.

• 48-2405: (KCMJ Art. 20b) Summary court-martial; confinement instead of fine. A summary court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.

        History:   L. 1972, ch. 203, § 48-2405; L. 1988, ch. 191, § 16; July 1.

• 48-2406: Jurisdiction of persons and offenses. The jurisdiction of a court-martial is limited to the trial of persons accused of military offenses as described in this act. Persons subject to this act who are accused of offenses cognizable by the civil courts of this state or any other state where the military forces are present in that state may, upon accusation, be promptly surrendered to civil authorities for disposition, urgencies of the service considered. If the person subject to this act is accused of both a military offense under this act and a civil offense by the civil authorities, the person shall be released to the civil authorities if the crime for which he or she is accused by the civil authorities carries a penalty in excess of the maximum penalty provided by this act.

        History:   L. 1972, ch. 203, § 48-2406; July 1.