Current through Public Act 190 of the 2024 Legislative Session
Section 32.1052 - Conviction and sentence; concurrence of 3/4 of members present required; determination of questions by majority vote or lesser vote; tie vote(1) An individual must not be convicted of an offense in a general or special court-martial, except under any of the following circumstances: (a) After a plea of guilty under section 45.(b) By a military judge in a court-martial with a military judge alone under section 16.(c) In a court-martial with members under section 16, by the concurrence of 3/4 of the members present at the time the vote is taken.(2) Each sentence imposed by a court-martial must be determined by the concurrence of 3/4 of the members present at the time that the vote is taken.(3) Any other question to be decided by the members of a general or special court-martial must be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.Amended by 2024, Act 77,s 24, eff. 7/8/2024.1980, Act 523, Eff. 3/31/1981.