31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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31-2A-43
Section 31-2A-43 (Article 43.) Statute of limitations. (a) Except as otherwise provided in
this article, a person charged with any offense is not liable to be tried by courts-martial
or punished under Section 31-2A-15 (Article 15) if the offense was committed more than 12
months before the receipt of sworn charges and specifications by an officer exercising court-martial
jurisdiction over the command or before the imposition of punishment under Section 31-2A-15
(Article 15). (b) Periods in which the accused is absent without authority or fleeing from
justice shall be excluded in computing the period of limitation prescribed in this article.
(c) Periods in which the accused was absent from territory in which the state has the authority
to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy,
shall be excluded in computing the period of limitation prescribed in this article. (d) When
the United States is at war, the running of any statute of...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such
regulations as prescribed, any commanding officer may impose disciplinary punishments for
minor offenses without the intervention of a court-martial pursuant to this article. The Governor,
the Adjutant General, or an officer or a general or flag rank in command may delegate the
powers under this article to a principal assistant who is a member of the Alabama National
Guard. (b) For the purposes of this article, the term "day" shall mean the following:
(1) For the purposes of pay, one day shall equal one active duty military payday. (2) For
all other purposes, one day shall equal one calendar day. (c) For the purposes of this part,
all members must be in military status when punishment is imposed. (d) Any commanding officer
may impose upon enlisted members of the officer's command any of the following: (1) An admonition.
(2) A reprimand. (3) The withholding of privileges for up to six consecutive...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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31-2A-18
Section 31-2A-18 (Article 18.) Jurisdiction of general courts-martial. Subject to Section 31-2A-17
(Article 17), general courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and, under such limitations as the Governor
may prescribe, may adjudge any punishment not forbidden by this code. (Act 2012-334, p. 790,
§1.)...
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31-2A-19
Section 31-2A-19 (Article 19.) Jurisdiction of special courts-martial. Subject to Section 31-2A-17
(Article 17), special courts-martial have jurisdiction to try persons subject to this code
for any offense made punishable by this code, and under such limitations as the Governor may
prescribe, may adjudge any punishment not forbidden by this code except dishonorable discharge,
dismissal, confinement for more than six months, forfeiture of pay exceeding 24 days, which
must be completed within one year. (Act 2012-334, p. 790, §1.)...
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31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who
is under sentence to confinement that has not been ordered executed, the convening authority
or, if the accused is no longer under that person's jurisdiction, the person exercising general
court-martial jurisdiction over the command to which the accused is currently assigned, may
in that person's sole discretion defer service of the sentence to confinement. The deferment
shall terminate when the sentence is ordered executed. The deferment may be rescinded at any
time by the person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person exercising general court-martial jurisdiction over the command to which the
accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
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31-2A-3
Section 31-2A-3 (Article 3.) Jurisdiction to try certain personnel. (a) Each person discharged
from the state military forces who is later charged with having fraudulently obtained a discharge
is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge
and is, after apprehension, subject to this code while in custody under the direction of the
state military forces for that trial. Upon conviction of that charge, the person is subject
to trial by court-martial for all offenses under this code committed before the fraudulent
discharge. (b) No person who has deserted from the state military forces may be relieved from
amenability to the jurisdiction of this code by virtue of a separation from any later period
of service. (Act 2012-334, p. 790, §1.)...
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31-2A-80
Section 31-2A-80 (Article 80.) Attempts. (a) An act, done with specific intent to commit an
offense under this code, amounting to more than mere preparation and tending, even though
failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject
to this code who attempts to commit any offense punishable by this code shall be punished
as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject
to this code may be convicted of an attempt to commit an offense although it appears on the
trial that the offense was consummated. (Act 2012-334, §1.)...
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