BILL NUMBER: AB 2273	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 17, 2016
	PASSED THE ASSEMBLY  APRIL 21, 2016
	AMENDED IN ASSEMBLY  MARCH 14, 2016

INTRODUCED BY   Assembly Member Irwin

                        FEBRUARY 18, 2016

   An act to amend Section 451 of the Military and Veterans Code,
relating to military law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2273, 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. 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 451 of the Military and Veterans Code is
amended to read:
   451.  (a) The constitution and jurisdiction of general
courts-martial, special courts-martial, summary courts-martial, and
courts of inquiry, the form and manner in which the proceedings are
conducted and recorded, the forms of oaths and affirmations taken in
the administration of military law by such courts, the limits of
punishment, and the proceedings in the revision thereof, shall be
governed by the terms of the laws and regulations governing the
United States Army, Air Force, or Navy, and the law and procedure of
similar courts of the United States Army, Air Force, or Navy, except
as otherwise provided in this chapter.
   (b) The provisions of the Uniform Code of Military Justice, and
the rules and regulations published thereunder, shall govern and be
applicable to the active militia, including the California National
Guard, except as otherwise provided in this code, the California
Manual for Courts-Martial, or other regulations as adopted by the
Governor or Adjutant General.
   (c) (1) Notwithstanding subdivision (b), an attempt by a member of
the active militia, including the California National Guard, to kill
himself or herself shall not be prosecuted as a military crime.
   (2) The Adjutant General shall ensure that any member of the
active militia that attempts to kill himself or herself shall be
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.