
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 32USC328]

 
                        TITLE 32--NATIONAL GUARD
 
                          CHAPTER 3--PERSONNEL
 
Sec. 328. Special courts-martial of National Guard not in 
        Federal service
        
    (a) In the National Guard not in Federal service, the commanding 
officer of a garrison, fort, post, camp, air base, auxiliary air base, 
or other place where troops are on duty, or of a brigade, regiment, 
wing, group, detached battalion, separate squadron, or other detached 
command, may convene special courts-martial. Special courts-martial may 
also be convened by superior authority.
    (b) A special court-martial may not try a commissioned officer.
    (c) A special court-martial has the same powers of punishment as a 
general court-martial, except that a fine imposed by a special court-
martial may not be more than $100 for a single offense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 608.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
328(a)................................  32:93 (less last sentence).          Ju
ne 3, 1916, ch. 134, Sec.  104,
328(b)................................  32:93 (1st 32 words of last           3
9 Stat. 208.
                                         sentence).
328(c)................................  32:93 (last sentence, less 1st 32
                                         words).
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---------------------------------

    In subsection (a), the words ``Federal service'' are substituted for 
the words ``service of the United States''. The words ``where troops are 
on duty'' are inserted for clarity. The words ``for his command'' are 
omitted, since they cast doubt on the right of a court-martial to try 
others than members of the command of the appointing authority. The 
words ``air base, auxiliary air base'', ``wing, group'', and ``detached 
squadron'' are inserted to clarify the applicability of the revised 
section to Air Force organizations. The words ``convene'' and 
``convened'' are substituted for the words ``appoint'' and ``appointed'' 
to conform to 32:92 and similar provisions of section 823 of title 10 
(article 23 of the Uniform Code of Military Justice). The words ``when 
by the latter deemed advisable'' are omitted as surplusage.
    In subsection (b), the positive authority of a special court-martial 
to try any person subject to military law is omitted as covered by 
section 326 of this title.
    In subsection (c), the words ``for a single offense'' are inserted 
for clarity.
