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DIGEST: This bill deletes outdated references to federal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1.Deletes outdated references to federal executive orders and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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