California Military and Veterans Code CHAPTER 9 - Military Courts

• Section 450.
  The military courts of this state are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry; and (e) Courts-Martial Appellate Panel.(Amended...
• Section 450.1.
  (a) Under regulations as the Governor may prescribe, and under any additional regulations as may be prescribed by the Adjutant General, limitations may be placed on...
• Section 451.
  (a) The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted...
• Section 452.
  General courts-martial may be convened by the President of the United States or the Governor or the Adjutant General. The convening authority shall be the...
• Section 453.
  Special courts-martial may be appointed by the commanding officer of a district, garrison, fort, post, camp, station, or other place where troops are on duty,...
• Section 454.
  Summary courts-martial may be appointed by the commanding officer of a garrison, fort, post, camp, or other place where troops are on duty, regiment, detached...
• Section 455.
  Courts of inquiry shall consist of at least three members and may be ordered by the Governor to examine into the nature of any transaction...
• Section 455.1.
  (a) The Courts-Martial Appellate Panel shall consist of three justices to hear matters described in Section 458.1. The Governor, by general order, shall appoint the three...
• Section 456.
  General courts-martial have power:(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.(b) To adjudge:(1) Dismissal, in the case of a commissioned or warrant...
• Section 457.
  Special courts-martial have power:(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.(b) To adjudge any punishment authorized for a special court-martial handling...
• Section 458.
  Summary courts-martial have power:(a) To try enlisted members of the active militia unless they object thereto.(b) To adjudge any punishment authorized for a summary court-martial handling analogous...
• Section 458.1.
  The Courts-Martial Appellate Panel shall have power over the following:(a) The issuance of extraordinary writs relative to all matters arising under the following:(1) The provisions of this...
• Section 458.2.
  With regard to any matter adjudicated by the Courts-Martial Appellate Panel, the reported decisions of the United States Court of Appeals for the Armed Forces...
• Section 459.
  The trial counsel of a general or special court-martial in the National Guard shall prosecute in the name of the State.If military authorities order the...
• Section 460.
  Each miliary court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance...
• Section 461.
  Commissions and subpenas may be issued by the president or the trial counsel of the court, both before and after being sworn, for witnesses whose...
• Section 462.
  A witness not appearing in obedience to a subpena when served personally with a copy thereof, and not having sufficient excuse, or a witness refusing...
• Section 463.
  Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in those...
• Section 464.
  The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine...
• Section 465.
  Presidents of courts-martial, one-officer special courts-martial, and summary court officers shall have power to issue warrants to arrest an accused person and to bring him...
• Section 466.
  No sentence of a court-martial shall be carried into execution until the proceedings have been reviewed and the sentence approved by the officer appointing the...
• Section 467.
  For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer...
• Section 468.
  Any person who is guilty of disorderly, contemptuous, or insolent behavior in a military court, or who uses insulting, contemptuous, or indecorous language or expression...
• Section 469.
  A person who has been separated from the military service shall be subject to the jurisdiction of a lawfully appointed court-martial for trial and punishment...
• Section 470.
  When the military offense charged is also an offense by the civil law of this State, the officer whose duty it is to order trial...
• Section 470.5.
  (a) A member of the active militia who, when subject to the Uniform Code of Military Justice (UCMJ) as incorporated by this code, violates a provision...
• Section 471.
  Whenever any person in the military service of the State is charged with the commission while on duty of an offense which is a felony...
• Section 472.
  No officer by whom a military court is ordered or member of any such military court, or officer or person acting under its authority or...
• Section 473.
  Courts for the Naval Militia are provided for by section 300.(Enacted by Stats. 1935, Ch. 389.)
• Section 474.
  The Adjutant General, under procedures established by him or her and approved by the Governor, and acting through a board of officers appointed by the...

Last modified: October 22, 2018