(a) No person may be convicted of an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
(c) Pursuant to its authority under Article XV, Section 271 of the Constitution of Alabama of 1901, the Legislature finds and declares that Article I, Section 11 of the Constitution of Alabama of 1901, does not apply to a court-martial proceeding. Courts-martial existed before the existence of the Constitution, and their existence is recognized in the Constitution. Further, courts-martial are an executive agency belonging to the executive branch, not the judicial branch, and were created by the Legislature pursuant to its authority under Article XV, Section 271, to provide for disciplining the militia.
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