BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: SB 193 Hearing Date: 4/14/15
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|Author: |Committee on Veterans Affairs |
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|Version: |3/18/15 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Wade Teasdale |
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Subject: State Military Law
DESCRIPTION
Summary:
This measure is a committee-authored bill (Senate Rule 23) and
would enact technical clean-up of the Military and Veterans Code
(MVC) in the area of military law.
Existing law:
Incorporates into the California Military Department's judicial
and disciplinary regulations - insofar as is appropriate - those
standards and procedures, which are contained in the federal
Uniformed Code of Military Justice (UCMJ) and related rules and
regulations, as authorized by federal statute.
This bill:
Removes arcane and outdated language in MVC §§ 102 and 451,
which govern state courts-martial proceedings, making that
language consistent with other statutes, including California
Military and Veterans Code Sections 9, 100, 101, 103, 455.1,
458.1, 458.2 and 470.5.
(This change will establish and apply current laws, rules and
regulations to court-martial proceedings convened under
California law.)
BACKGROUND
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Military law includes jurisdiction exercised by courts-martial
and the jurisdiction exercised by commanders with respect to
nonjudicial punishment. The purpose of military law is to
promote justice, to assist in maintaining good order and
discipline in the armed forces, to promote efficiency and
effectiveness in the military establishment, and thereby to
strengthen national security. The standards and procedures are
contained in federal statutes, the UCMJ, Manual for
Courts-Martial (MCM), Rules for Courts-Martial (RCM) and
Military Rules of Evidence (MRE).
In seeking to maintain good order and discipline within the
various components of the California Military Department, state
law expressly adopts the substance, standards and procedure
contained in the federal UCMJ, MCM, RCM and MRE insofar as they
may be applicable to state military matters. The adoption is by
reference to the federal authorities, which necessitates that
the references be kept current.
California military law applies to the state's active militia,
which is comprised of the National Guard, State Military Reserve
and Naval Militia. (When members of the National Guard are
called onto federal active duty under Title 10 of the U.S. Code,
they become subject to federal military law for the duration of
their active duty mobilization and are not subject to state
military law.)
COMMENT
Related Legislation
1.AB 1410 (Comm on VA, Ch. 322, Stats. 2013 ) Provides clear
statutory authority for the CMD's existing practices regarding
its Courts-Martial Appellate Panel.
2.AB 2579 (S.Runner, Ch. 358, Stats. 2006 ) updates California
military law in the area of punishments available for state
courts-martial to make them more consistent with comparable
provisions in federal military law.
3.SB 1025 (Craven, Ch. 90, Stats. 1989 ) adopts the federal UCMJ
and Manual for Courts-Martial for the State of California's
application to its active militia, including the California
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National Guard.
POSITIONS
Sponsor: Author.
Support: California Military Department
Oppose: None on file.
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