MD Senate Bill 1010

Legislation

State: Maryland

Effective: October 01, 2020
Chapter: 592

Summary

Senate Bill 1010 enacts the Maryland Code of Military Justice and authorizes specified military personnel to administer oaths and act as a Notary.

Affects

Repeals Section 13-801 through 13-814 and the subtitle “Subtitle 8. Courts – Martial” and adds Sections 13A-101 through 13A-1112 to be under the new title “Title 13A. Maryland Code of Military Justice” of Public Safety Article in the Annotated Code of Maryland.

Changes

Defines “accuser”, “cadet”, “candidate”, “classified information”, “commander”, “commanding officer”, “convening authority”, “day”, “duty status other than state active duty”, “enlisted member”, “judge advocate”, “military court”, “military judge”, “military offenses”, “national security”, “officer”, “record”, “senior force commander”, “senior force judge advocate”, “state active duty”, “state military forces”, “superior commissioned officer”, “victim of an offense under this code”.
Provides that the following persons may administer oaths for the purposes of military administration, including military justice: (a) A judge advocate; (b) A summary court-martial; (c) An adjutant, assistant adjutant, acting adjutant, and personnel adjutant; and (d) All other persons designated by regulations for the Maryland Military Department.
Provides that the following persons may administer oaths necessary in the performance of their duties: (a) The president, military judge, and trial counsel for all general and special courts-martial; (b) The president and the counsel for the government of any court of inquiry; (c) An officer designated to take a deposition; (d) A person detailed to conduct an investigation; (e) A recruiting officer; and (f) All other persons designated by regulations of the Armed Forces of the United States or by statute.
Provides that the signature without seal of any such person, together with the title of the person’s office, is prima facie evidence of the person’s authority.

Analysis

Senate Bill 1010 establishes the Maryland Code of Military Justice, including requirements for oaths and affirmations. This law applies to all members of the Maryland National Guard as defined in Title 32 of the United States Code, when not in a status subjecting them to exclusive jurisdiction under the Uniform Code of Military Justice (10 U.S.C. 47).

The Uniform Military Code of Justice has been in effect since 1951, and has been updated numerous times. Senate Bill 1010 establishes a comprehensive, modern system of military justice in State statute, bringing the Maryland Code in line with federal law.

Note: The bill became law without the Governor's signature as provided in Article II, Section 17(c) of the Maryland Constitution.

Read Senate Bill 1010.