AB 2273, as introduced, Irwin. Military law: suicide.
Existing law establishes the California National Guard and adopts the Uniform Code of Military Justice, and the Manual for Courts-Martial, as governing and applicable to the active state militia, including the California National Guard.
This bill would prohibit a member of the active militia, including the California National Guard, from being prosecuted for a military crime based on an attempt to kill himself or herself.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 451 of the Military and Veterans Code
2 is amended to read:
(a) The constitution and jurisdiction of general
4courts-martial, special courts-martial, summary courts-martial,
5and courts of inquiry, the form and manner in which the
6proceedings are conducted and recorded, the forms of oaths and
7affirmations taken in the administration of military law by such
8courts, the limits of punishment, and the proceedings in the revision
P2 1thereof, shall be governed by the terms of the laws and regulations
2governing the United States Army, Air Force, or Navy, and the
3law and procedure of similar courts of the United States Army,
4Air Force, or Navy, except as otherwise provided in this chapter.
5(b) The provisions of the Uniform Code of Military Justice, and
6the rules and regulations published thereunder, shall govern and
7be applicable to the active militia, including the
California National
8Guard, except as otherwise provided in this code, the California
9Manual for Courts-Martial, or other regulations as adopted by the
10Governor or Adjutant General.
11(c) Notwithstanding subdivision (b), an attempt by a member
12of the active militia, including the California National Guard, to
13kill himself or herself shall not be prosecuted as a military crime.
O
99