Amended in Assembly June 8, 2015

Amended in Senate March 18, 2015

Senate BillNo. 193


Introduced by Committee on Veterans Affairs (Senators Nielsen (Chair), Allen, Hueso, Nguyen, and Roth)

February 10, 2015


An act to amend Sections 102 and 451 of the Military and Veterans Code, relating to the state militia.

LEGISLATIVE COUNSEL’S DIGEST

SB 193, as amended, Committee on Veterans Affairs. Veterans.

Existing law 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This bill would delete outdated references to executive orders and statutes creating the Manual for Courts-Martial and the Uniform Code of Military Justice,begin delete and would update a reference to the National Defense Authorization Act.end deletebegin insert update specified references, and provide that these apply except as otherwise provided in the California Manual for Courts-Martial or other regulations adopted by the Governor or the Adjutant General.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 102 of the Military and Veterans Code
2 is amended to read:

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102.  

The Uniform Code of Military Justice (Chapter 47
2(commencing with Section 801) of Title 10 of the United States
3Code) and the rules and regulations adopted thereunder, together
4with the Manual for Courts-Martial, United States, are hereby
5adopted as a part of this code and shall govern and be applicable,
6except as otherwise provided in this code or inbegin insert the California
7Manual for Courts-Martial or otherend insert
regulations adopted by the
8begin insert Governor or theend insert Adjutant General, to the active militia, including
9the California National Guard.

10

SEC. 2.  

Section 451 of the Military and Veterans Code is
11amended to read:

12

451.  

(a) The constitution and jurisdiction of general
13courts-martial, special courts-martial, summary courts-martial,
14and courts of inquiry, the form and manner in which the
15proceedings are conducted and recorded, the forms of oaths and
16affirmations taken in the administration of military law by such
17courts, the limits of punishment, and the proceedings in the revision
18thereof, shall be governed by the terms ofbegin delete the Articles of War, the
19National Defense Authorization Act,end delete
the laws and regulations
20governing thebegin delete Army of the United States and the United States Air
21Force,end delete
begin insert United States Army, Air Force, or Navy,end insert and the law and
22procedure of similar courts of the United States Army,begin delete and the
23United States Air Force,end delete
begin insert Air Force, or Navy,end insert except as otherwise
24provided in this chapter.

25(b) The provisions of the Uniform Code of Military Justice, and
26the rules and regulations published thereunder, shall govern and
27be applicablebegin insert to the active militia, including the California National
28Guard,end insert
except as otherwise provided in thisbegin delete code to the active
29militia including the California National Guard.end delete
begin insert code, the
30California Manual for Courts-Martial, or other regulations as
31adopted by the Governor or Adjutant General.end insert



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