51 Pa.C.S. Ch. 54

in effect

51 Pa.C.S. § 5401 Courts-martial classified.

The three kinds of courts-martial in the State military forces are: (1) General courts-martial, consisting of: (i) a military judge and not less than five members; or (ii) 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: (i) a military judge and not less than three members; or (ii) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (1)(ii) so requests. (3) Summary courts-martial, consisting of one commissioned officer. Cross References. Section 5401 is referred to in sections 5508, 5706 of this title.

51 Pa.C.S. § 5402 Jurisdiction of courts-martial in general.

Each force of the State military forces has court-martial jurisdiction over all members of the force who are subject to this part. The Pennsylvania National Guard has court-martial jurisdiction over all members subject to this part. Cross References. Section 5402 is referred to in sections 5403, 5404, 5405 of this title.

51 Pa.C.S. § 5403 Jurisdiction of general courts-martial.

Subject to section 5402 (relating to jurisdiction of courts-martial in general), general courts-martial have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any punishment not prohibited by this part including any of the following punishments: (1) A fine of not more than $10,000. (2) Confinement for not more than five years. (3) Forfeiture of all pay and allowances for a period not exceeding five years. (4) Dismissal, dishonorable discharge or bad-conduct discharge. (5) Reduction of an enlisted member to any lower enlisted grade. (6) A reprimand. (7) Any combination of these punishments.

51 Pa.C.S. § 5404 Jurisdiction of special courts-martial.

Subject to section 5402 (relating to jurisdiction of courts-martial in general), special courts-martial shall have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments: (1) A fine of not more than $2,500. (2) Confinement for not more than one year. (3) Forfeiture of all pay and allowances for a period not exceeding one year. (4) A bad-conduct discharge. (5) Reduction of an enlisted member to any lower enlisted grade. (6) A reprimand. (7) Any combination of these punishments.

51 Pa.C.S. § 5405 Jurisdiction of summary courts-martial.

(a) General rule.--Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts-martial shall have jurisdiction to try all persons subject to this part, except officers, cadets, candidates and midshipmen, for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments: (1) A fine of not more than $500. (2) Confinement for not more than ten days. (3) Restriction to specified limits for no more than two months. (4) Forfeiture of not more than two-thirds of pay for a period not exceeding one month. (5) Reduction to the next lower grade. (b) Objection to summary court-martial.--No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial, as may be appropriate.

51 Pa.C.S. § 5406 Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.

In the State military forces, no sentence of dismissal, dishonorable discharge or bad-conduct discharge shall be executed until it is approved by the Governor. Cross References. Section 5406 is referred to in section 6111 of this title.

51 Pa.C.S. § 5407 Record of proceedings.

A complete written record of proceedings and testimony shall be made for any general court-martial under this part. A bad-conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.

51 Pa.C.S. § 5408 Confinement instead of fine (Repealed).

2012 Repeal. Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026