BILL ANALYSIS Ó
AB 2273
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2273 (Irwin) - As Amended March 14, 2016
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|Policy |Veterans Affairs |Vote:|8 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill prohibits prosecution for attempted suicide, as a
military crime, by any member of the active militia or National
Guard. This bill also requires that any member of the active
militia that attempts suicide be referred by the Adjutant
General to counseling or other appropriate services.
FISCAL EFFECT:
AB 2273
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Minor absorbable cost to Military Department, the department
already receives Proposition 60 funding for the Behavioral
Health Liaison Program.
COMMENTS:
Background/Purpose. The federal Uniform Code of Military
Justice (UCMJ) criminalizes "all disorders and neglects to the
prejudice of good order and discipline in the Armed Forces" and
"all conduct of a nature to bring discredit upon the Armed
Forces." The Manual for Courts-Martial lists "self-injury
without intent to avoid service" as an example of conduct
punishable under this code.
The UCMJ and regulations are applicable to the active militia,
including the California National Guard, except as otherwise
provided in by code, the California Manual for Courts-Martial,
or other regulations as adopted by the Governor or Adjutant
General. Therefore, National Guard servicemembers are covered
by different sets of military law at different times, depending
on their duty status. At times they are covered by the federal
UCMJ, but when in a purely Title 32, or "state" status, they are
subject to the federal UCMJ, as incorporated by Military and
Veterans Code.
This bill decriminalizes suicide attempts by National Guard
servicemembers while they are in the control of the State of
California, and instead requires that they be referred to the to
the department's Behavioral Health Liaison Program, or its
successor, to receive assistance, counseling, or referral to
other appropriate available services.
AB 2273
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081