Official Code of Georgia Annotated
Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 9. REVIEW OF COURTS-MARTIAL
38-2-1072. Vacation of suspension of sentence; hearing; legal representation by military counsel; record of hearing.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.#
- (b)
The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed subject to applicable restrictions in this article.#
- (c)
The suspension of any other sentence may be vacated by any authority competent to convene for the command in which the accused is serving or assigned a court of the kind that imposed the sentence.#
History
Code 1981, § 38-2-1072, enacted by Ga. L. 2015, p. 753, § 1/HB 98.
Other notes
- U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 872.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 498; merge action: carried; file SHA-256 4eed692485f5.