40.079. Jurisdiction of courts-martial--accused of civil offense, release to civil authorities--accused of both civil and military offenses, released to civil authorities, when.
Jurisdiction of courts-martial--accused of civil offense, releaseto civil authorities--accused of both civil and military offenses,released to civil authorities, when.
40.079. The jurisdiction of a court-martial is limited tothe trial of persons accused of military offenses as described insections 40.005 to 40.490. Persons subject to sections 40.005 to40.490 who are accused of offenses cognizable by the civil courtsof this state or any other state where the military forces arepresent in that state may, upon accusation, be promptlysurrendered to civil authorities for disposition, urgencies ofthe service considered. If the person is accused of both amilitary offense under sections 40.005 to 40.490 and a civiloffense by the civil authorities, the person shall be released tothe civil authorities if the crime for which he is accused by thecivil authorities carries a penalty in excess of the maximumpenalty provided by sections 40.005 to 40.490.
(L. 1984 H.B. 1035 § 22)