SENATE AMENDED
PRIOR PRINTER'S NO. 2722 PRINTER'S NO. 3807
No. 2142 Session of 1978
INTRODUCED BY MESSRS. DeMEDIO, NOVAK, FISCHER AND LOGUE,
MARCH 14, 1978
SENATOR SWEENEY, MILITARY AFFAIRS AND AERONAUTICS, IN SENATE,
AS AMENDED, SEPTEMBER 19, 1978
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, changing provisions relating to
3 apprehension and restraint of persons absent without leave,
4 further providing for nonjudicial punishment and courts-
5 martial and providing for orders for payment of money to be
6 certified to courts.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 5202, 5204, 5301(a), 5403(1), 5404(1),
10 5405(1) and 5408 of Title 51, act of November 25, 1970 (P.L.707,
11 No.230), known as the Pennsylvania Consolidated Statutes, are
12 amended to read:
13 § 5202. Apprehension of persons absent without leave;
14 costs.
15 (a) Apprehension.--Any civil officer having authority to
16 apprehend offenders under the laws of the United States or of a
17 state, territory, commonwealth or possession, or of the District
18 of Columbia, or any [military officer] commissioned officer
19 subject to this part [who has been authorized by the Governor by
1 regulation] may summarily apprehend any person subject to this
2 part absent without leave from the State military forces and
3 deliver him into the custody of the State military forces.
4 (b) Costs.--The costs incurred in the apprehension of any
5 person absent without leave as a result of the involvement of
6 any civilian authority, shall be paid by the person who is
7 absent without leave.
8 § 5204. Restraint of persons charged with offenses.
9 (a) General rule.--Any person subject to this part charged
10 with an offense under this part may be ordered into arrest or
11 confinement pursuant to section 5203 (relating to imposition of
12 restraint). When any person subject to this part is placed in
13 arrest or confinement prior to trial, immediate steps shall be
14 taken to inform him of the specific wrong of which he is
15 accused, to try him, or to dismiss the charges and release him.
16 (b) Issuing warrants to peace officers.--The convening
17 authority of any court-martial shall have the power to issue
18 warrants of apprehension directed to the Pennsylvania State
19 Police, the sheriff or any constable or peace officer within the
20 proper [county to] jurisdiction who shall apprehend persons
21 subject to this part charged with an offense under this part and
22 [to] shall deliver such persons into the custody of the State
23 military forces.
24 (c) Admission to bail.--In cases where the unit of which the
25 accused is a member is not in a status of active State duty or
26 engaged in annual field training, such accused, if apprehended
27 or ordered into confinement prior to or during trial by a
28 military court, may be admitted to bail by the officer
29 exercising special court-martial jurisdiction over him or by a
30 superior commanding officer, or the Adjutant General.
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1 § 5301. Commanding officer's nonjudicial punishment.
2 (a) General rule.--[Under such regulations as the Governor
3 may prescribe, any] Any commanding officer may, in addition to
4 or in lieu of admonition or reprimand, impose one OR MORE of the <--
5 following disciplinary punishments for minor offenses without
6 the intervention of a court-martial:
7 (1) Upon an officer of his command:
8 (i) withholding of privileges for not more than two
9 consecutive weeks;
10 (ii) restriction to certain specified limits, with
11 or without suspension from duty, for not more than two
12 consecutive weeks; or
13 (iii) if imposed by the Governor, the commanding
14 officer of a division, [or a] wing, group or a separate
15 brigade or a similar organization, a fine or forfeiture
16 of pay and allowances of not more than $100.
17 (2) Upon other military personnel of his command by a
18 company grade commanding officer:
19 (i) withholding of privileges for not more than two
20 consecutive weeks;
21 (ii) restriction to certain specified limits, with
22 or without suspension from duty, for not more than two
23 consecutive weeks;
24 (iii) extra duties for not more than 14 days, which
25 need not be consecutive, and for not more than two hours
26 per day, holidays included;
27 (iv) reduction to next inferior grade if the grade
28 from which demoted was established by the command or an
29 equivalent or lower command; or
30 (v) if imposed by an officer exercising special
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1 court-martial jurisdiction over the offender, a fine or
2 forfeiture of pay and allowances of not more than [$10.]
3 $50.
4 (3) Upon other military personnel of his command by a
5 commanding officer of the grade of major or above:
6 (i) withholding of privileges for not more than two
7 consecutive weeks;
8 (ii) restriction to certain specified limits, with
9 or without suspension from duty, for not more than two
10 consecutive weeks;
11 (iii) extra duties for not more than 14 days, which
12 need not be consecutive, and for not more than two hours
13 per day, holidays included;
14 (iv) reduction to the lowest or any intermediate pay
15 grade, if the grade from which demoted is within the
16 promotion authority of the officer imposing the reduction
17 or is within the promotion authority of any officer
18 subordinate to the one who imposes the reduction, but
19 enlisted members in pay grades above E-4 may not be
20 reduced more than one pay grade; or
21 (v) a fine or forfeiture of pay and allowances of
22 not more than $75.
23 * * *
24 § 5403. Jurisdiction of general courts-martial.
25 Subject to section 5402 (relating to jurisdiction of courts-
26 martial in general), general courts-martial have jurisdiction to
27 try persons subject to this part for any offense made punishable
28 by this part and may, under such limitations as the Governor may
29 prescribe, adjudge any of the following punishments:
30 (1) A fine of not more than [$200.] $1,000.
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1 * * *
2 § 5404. Jurisdiction of special courts-martial.
3 Subject to section 5402 (relating to jurisdiction of courts-
4 martial in general), special courts-martial shall have
5 jurisdiction to try persons subject to this part, except
6 commissioned officers for any offense made punishable by this
7 part and may, under such limitations as the Governor may
8 prescribe adjudge any of the following punishments:
9 (1) A fine of not more than [$100.] $250.
10 * * *
11 § 5405. Jurisdiction of summary courts-martial.
12 (a) General rule.--Subject to section 5402 (relating to
13 jurisdiction of courts-martial in general), summary courts-
14 martial shall have jurisdiction to try enlisted persons subject
15 to this part for any offense made punishable by this part and
16 may, under such limitations as the Governor may prescribe,
17 adjudge any of the following punishments:
18 (1) A fine of not more than [$25] $100 for a single
19 offense.
20 * * *
21 [§ 5408. Confinement instead of fine.
22 In the State military forces, a court-martial may sentence to
23 confinement for not more than one day for each dollar of the
24 authorized fine.]
25 Section 2. The title is amended by adding a section to read:
26 §5917. Orders for payment of money to be certified to
27 common pleas courts.
28 Where any court-martial in the State military forces of this
29 Commonwealth shall make or enter any order, sentence, decree or
30 judgment for the payment of any moneys whatsoever, in any matter
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1 or thing within the jurisdiction of the said court-martial, a
2 copy of the said order, sentence, decree or judgment may be
3 certified by the Adjutant General to any court of common pleas
4 of any county within this Commonwealth, and be entered and
5 indexed in said court as a judgment with like force and effect
6 as if the same had been recorded therein as a judgment of the
7 court of common pleas of the county where recorded.
8 Section 3. This act shall take effect immediately.
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