AB 2273, as amended, 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.begin insert The bill would also require the Adjutant General to ensure that any member of the active militia that attempts to kill himself or herself is referred, as soon as practically possible, to the department’s Behavioral Health Liaison Program, or its successor, to receive assistance, counseling, or referral to other appropriate available services.end insert
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
2courts-martial, special courts-martial, summary courts-martial,
3and courts of inquiry, the form and manner in which the
4proceedings are conducted and recorded, the forms of oaths and
5affirmations taken in the administration of military law by such
6courts, the limits of punishment, and the proceedings in the revision
7thereof, shall be governed by the terms of the laws and regulations
8governing the United States Army, Air Force, or Navy, and the
9law and procedure of similar courts of the United States Army,
10Air Force, or Navy, except as otherwise provided in this chapter.
11(b) The provisions of the Uniform
Code of Military Justice, and
12the rules and regulations published thereunder, shall govern and
13be applicable to the active militia, including the California National
14Guard, except as otherwise provided in this code, the California
15Manual for Courts-Martial, or other regulations as adopted by the
16Governor or Adjutant General.
17(c) begin insert(1)end insertbegin insert end insertNotwithstanding subdivision (b), an attempt by a member
18of the active militia, including the California National Guard, to
19kill himself or herself shall not be prosecuted as a military crime.
20(2) The Adjutant General shall ensure that any member of the
21active militia that attempts to
kill himself or herself shall be
22referred, as soon as practically possible, to the department’s
23Behavioral Health Liaison Program, or its successor, to receive
24assistance, counseling, or referral to other appropriate available
25services.
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