§ 130.20. Jurisdiction of summary courts-martial. (a) Subject to section 130.17, summary courts-martial shall have jurisdiction to try persons subject to this code, except officers and warrant officers, for any offense for which they may be punished by this code.

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Terms Used In N.Y. Military Law 130.20

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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

(c) Summary courts-martial shall have the power to sentence to: confinement with hard labor for not exceeding twenty-five days; fines not exceeding twenty-five dollars; confinement with hard labor in lieu of fines imposed not exceeding one day for each dollar of fine imposed; forfeiture of pay and allowances not exceeding twenty-five dollars; reprimand; reduction of non-commissioned officers to an inferior grade; and to combine any two or more of such punishments in the sentences imposed.