BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 193|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  SB 193
          Author:   Committee on Veterans Affairs  
          Amended:  3/18/15  
          Vote:     21  

           SENATE VETERAN AFFAIRS COMMITTEE:  5-0, 4/14/15
           AYES:  Nielsen, Hueso, Allen, Nguyen, Roth

           SUBJECT:   Veterans


          SOURCE:    Author


          DIGEST: This bill deletes outdated references to federal  
          executive orders and statutes, which the State borrows to define  
          military law for the active state militia.


          ANALYSIS:   


          Existing law adopts standards and procedures contained in the  
          federal Uniform Code of Military Justice (UCMJ), and federal  
          Manual for Courts-Martial (MCM), as governing and applicable to  
          the active state militia, including the California National  
          Guard (CNG).


          This bill:


          1.Deletes outdated references to federal executive orders and  
            statutes creating the UCMJ and MCM.









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          2.Updates a reference to the National Defense Authorization Act.


          Background


          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, MCM, Rules for  
          Courts-Martial (RCM) and Military Rules of Evidence (MRE).


          In seeking to maintain good order and discipline within the  
          components of the California Military Department (CMD), existing  
          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.


          The CMD includes the active state militia, which, in turn,  
          comprises the CNG, State Military Reserve and Naval Militia.  
          (When members of the CNG 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.)


          Related/Prior Legislation


          AB 1410 (Committee on Veterans Affairs, Chapter 322, Statutes of  
          2013) provides clear statutory authority for the CMD's existing  
          practices regarding its Courts-Martial Appellate Panel.









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          AB 2579 (S. Runner, Chapter 358, Statutes of 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.


          SB 1025 (Craven, Chapter 90, Statutes of 1989) adopts the  
          federal UCMJ and MCM for the State of California's application  
          to its active militia, including the CNG.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/14/15)


          None received


          OPPOSITION:   (Verified4/14/15)


          None received










          Prepared by:Wade Teasdale / V.A. / (916) 651-1503
          4/15/15 16:29:08


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