House Amendment 1
H 4642 - Session 125 (2023-2024)
Military Code and Code of Military Justice revisions

The Committee on Judiciary proposes the following amendment (LC-4642.SA0001H):

Amend the bill, as and if amended, SECTION 5, by striking Section 25-1-2520 and inserting:

Section 25-1-2520 1. Under regulations that the Adjutant General may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of general officers or commanders authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon a demand. However, punishment may not be imposed upon a member of the military forces under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized pursuant to this section. A colonel or general officer may delegate his nonjudicial punishment authority to an individual within his authority, who is no more than one grade two grades inferior in rank, so long as the adjudged sentence is not executed until the delegating commander has approved the procedure and sentence.