Sec. 2. (a) The military courts of Indiana shall be organized as follows:

(1) General court-martial.

(2) Special court-martial.

(3) Summary court-martial.

(b) The courts shall be constituted, have cognizance of the same subject, and possess like powers, except as to punishments, as similar courts provided for by the laws and regulations governing the armed forces of the United States. The proceedings of the courts-martial must follow the forms and modes of procedure prescribed for the courts governing the armed forces of the United States and as approved by the adjutant general.

(c) A general court-martial may be convened by orders of the governor and may try a person subject to military law. The general court-martial may impose fines of not more than two hundred dollars ($200) and sentence a person to:

(1) a forfeit of pay and allowances;

(2) a reprimand;

(3) dismissal or dishonorable discharge from the services;

(4) reduction of noncommissioned officers to the ranks; or

(5) any combination of two (2) or more of the punishments described in subdivisions (1) through (4).

(d) The adjutant general or the commanding officer of each camp or other place, division, regiment, separate battalion, air squadron, group, or other detached command may appoint a special court-martial for that command. However, a special court-martial may be appointed by superior authority if the superior authority considers it desirable. The special court-martial:

(1) may try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States or the state; and

(2) has the same powers of punishment as does a general court-martial, except that fines imposed by the courts may not exceed one hundred dollars ($100).

(e) The adjutant general or the commanding officer of each camp or other place, division, regiment, battalion, company, air squadron, group, or other detachment of the national guard may appoint for the place or command a summary court to consist of one (1) officer, who may administer oaths and try the enlisted persons of the place or command for breaches of discipline and violations of laws when governing the organizations. The court, when satisfied of the guilt of the soldier, may:

(1) impose fines of not more than twenty-five dollars ($25) for any offense;

(2) sentence noncommissioned officers to reduction in rank; and

(3) sentence to forfeiture of pay and allowances.

The proceedings of the court must be informal and the minutes must be the same as prescribed for summary courts of the armed forces of the United States.

(f) All courts-martial of the Indiana national guard, including summary courts, may sentence to confinement instead of imposing an authorized fine if the sentence of confinement does not exceed one (1) day for each one dollar ($1) of fine authorized.

(g) A sentence of dismissal from the service or dishonorable discharge imposed by a national guard court-martial may not be executed until approved by the governor.

(h) A conviction by court-martial that has been approved by the convening authority under this article may be appealed to a military court of appellate review. The military court of appellate review must consist of three (3) Indiana national guard judge advocates appointed to the military court of appellate review by the adjutant general.

(i) Presidents of courts-martial and summary courts officers may do the following:

(1) Issue warrants to arrest an accused person and to bring the person before the court for trial if the person has disobeyed an order in writing from the convening authority to appear before the court. A copy of the charge must be delivered to the accused with the order.

(2) Issue subpoenas duces tecum.

(3) Enforce by attachment attendance of witnesses and the production of books and papers.

(4) Sentence for a refusal to be sworn or to answer as provided in action before civil courts.

(j) All processes of a court-martial, when it is impracticable to be executed by the military forces of the state, shall be:

(1) brought in the name of the state; and

(2) executed by the civil officers designated by the president of the court-martial or summary court officer issuing the process.

The designated civil officer shall execute all processes and return the processes to the officer who issued the processes. The civil officer shall be paid the fees and allowances provided for like processes in civil actions of the state. The fees shall be charged in case of conviction of the accused as a part of the penalty of the offense of which the accused may be convicted whether the punishment for the offense is imprisonment or a fine, or both. The payment of the costs in addition to the payment of the fine imposed shall be enforced by imprisonment until the payment is satisfied, at a rate of one dollar ($1) per day of the costs or fine, or both.

[Pre-2003 Recodification Citation: 10-2-5-2.]

As added by P.L.2-2003, SEC.7.