§124A-35 Jurisdiction of summary courts-martial. (a) Subject to section 124A-32, summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, for any offense made punishable by this chapter.
(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto, unless under section 124A-21 the person has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under section 124A-21, trial shall be ordered by special or general court-martial, as may be appropriate.
(c) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks. [L 1982, c 171, pt of §2; gen ch 1985]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
124A-2 Persons subject to this chapter.
124A-3 Jurisdiction to try certain personnel.
124A-4 Dismissal of commissioned officer.
124A-5 Territorial applicability of the chapter.
124A-6 Judge advocates and legal officers.
124A-12 Apprehension of deserters.
124A-13 Imposition of restraint.
124A-14 Restraint of persons charged with offenses.
124A-16 Reports and receiving of prisoners.
124A-17 Punishment prohibited before trial.
124A-18 Delivery of offenders to civil authorities.
124A-21 Commanding officer's nonjudicial punishment.
124A-32 Jurisdiction of courts-martial in general.
124A-33 Jurisdiction of general courts-martial.
124A-34 Jurisdiction of special courts-martial.
124A-35 Jurisdiction of summary courts-martial.
124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.
124A-38 Confinement instead of fine.
124A-41 Who may convene general courts-martial.
124A-42 Special courts-martial of state military forces not in federal service; who may convene.
124A-43 Summary courts-martial of state military forces not in federal service; who may convene.
124A-44 Who may serve on courts-martial.
124A-45 Law officer of a general court-martial.
124A-46 Detail of trial counsel and defense counsel.
124A-47 Detail or employment of reporters and interpreters.
124A-48 Absent and additional members.
124A-51 Charges and specifications.
124A-52 Compulsory self-incrimination prohibited.
124A-54 Forwarding of charges.
124A-55 Advice of state judge advocate and reference for trial.
124A-61 Governor to adopt rules.
124A-62 Unlawfully influencing action of court.
124A-63 Duties of trial counsel and defense counsel.
124A-68 Statute of limitations.
124A-71 Opportunity to obtain witnesses and other evidence.
124A-72 Refusal to appear or testify.
124A-75 Admissibility of records of courts of inquiry.
124A-77 Number of votes required.
124A-78 Court to announce action.
124A-81 Cruel and unusual punishments prohibited.
124A-83 Effective date of sentences.
124A-84 Execution of confinement.
124A-91 Execution of sentence; suspension of sentence.
124A-92 Initial action on the record.
124A-93 General court-martial records; opinion by staff judge advocate.
124A-94 Reconsideration and revision.
124A-96 Approval by the convening authority.
124A-97 Review of records; disposition.
124A-98 Error of law; lesser included offense.
124A-100 Vacation of suspension.
124A-101 Petition for a new trial.
124A-102 Remission and suspension.
124A-104 Finality of proceedings, findings, and sentences.
124A-113 Accessory after the fact.
124A-114 Conviction of lesser included offense.
124A-118 Fraudulent enlistment, appointment, or separation.
124A-119 Unlawful enlistment, appointment, or separation.
124A-121 Absence without leave.
124A-123 Contempt towards officials.
124A-124 Disrespect towards superior commissioned officer.
124A-125 Assaulting or wilfully disobeying superior commissioned officer.
124A-126 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
124A-127 Failure to obey order or regulation.
124A-128 Cruelty and maltreatment.
124A-130 Resistance, breach of arrest, and escape.
124A-131 Releasing prisoner without proper authority.
124A-132 Unlawful detention of another.
124A-133 Noncompliance with procedural rules.
124A-134 Misbehavior before the enemy.
124A-135 Subordinate compelling surrender.
124A-136 Improper use of countersign.
124A-138 Captured or abandoned property.
124A-140 Misconduct of a prisoner.
124A-141 False official statements.
124A-142 Military property; loss, damage, destruction, or wrongful disposition.
124A-143 Property other than military property; waste, spoilage, or destruction.
124A-144 Improper hazarding of vessel.
124A-145 Drunken or reckless driving.
124A-146 Drunk on duty; sleeping on post; leaving post before relief.
124A-149 Riot or breach of peace.
124A-150 Provoking speeches or gestures.
124A-152 Frauds against the government.
124A-153 Larceny and wrongful appropriation.
124A-154 Conduct unbecoming an officer.
124A-162 Authority to administer oaths.
124A-163 Military justice training.
124A-164 Complaints of wrongs.
124A-165 Redress of injuries to property.
124A-166 Execution of process and sentence.
124A-167 Process of military courts.
124A-168 Payment of fines and disposition thereof.
124A-169 Immunity for action of military courts or nonjudicial punishment.
124A-170 Presumption of jurisdiction.
124A-171 Delegation of authority by the governor; rulemaking authority of governor.