§ 13-802. In general

   (a) Types of courts-martial. -- There are three types of courts-martial:

   (1) a general court-martial;

   (2) a special court-martial; and

   (3) a summary court-martial.

(b) Jurisdiction; powers; procedures; composition. --

   (1) Except as provided in paragraph (2) of this subsection, a court-martial shall be consistent with a similar court provided for by the laws and regulations governing the United States Army or Air Force regarding:

      (i) jurisdiction;

      (ii) powers, with the exception of punishment;

      (iii) procedures; and

      (iv) composition.

   (2) In a case of absence without leave, an offender shall be referred to a summary court officer for trial without first being referred to an investigating officer.

(c) Persons subject to court-martial. --

   (1) A member of a force organized under this title is in the actual service of the State and is subject to all military laws, orders, and regulations.

   (2) A violation of a military law, order, or regulation is an offense against the State and is punishable as provided in this subtitle.

(d) Jurisdiction of court-martial. --

   (1) The jurisdiction of a court-martial established under this subtitle is presumed to be correct.

   (2) A person alleging lack of jurisdiction in an action or proceeding has the burden of proving lack of jurisdiction.

HISTORY: An. Code 1957, art. 65, § 43, 47; 2003, ch. 5, § 2.