BILL ANALYSIS Ó
SB 193
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Date of Hearing: June 30, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SB
193 (Committee on Veterans Affairs) - As Amended June 8, 2015
SENATE VOTE: 37-0
SUBJECT: Veterans.
SUMMARY: Cleans up and clarifies outdated language and
references pertaining to Courts Martial for the California
Military Department. Specifically, this bill: Deletes outdated
references to executive orders and statutes creating the Manual
for Courts-Martial and the Uniform Code of Military Justice
(UCMJ), updates specified references, and provides 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.
EXISTING LAW: Incorporates into the California Military
Department's judicial and disciplinary regulations those
standards and procedures, which are contained in the federal
UCMJ and related rules and regulations, as authorized by federal
statute. Generally the California Military and Veterans Code
attempts to create a parallel structure to that which applies to
those people who are subject to the UCMJ. Specifically, this
bill,
SB 193
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1)In the section of code incorporating by reference and applying
the UCMJ and Manual for Courts Martial, United states:
a) Removes the reference in Military and Veterans Code
section 102 to a Reagan-era Presidential Executive Order
b) Incorporates by reference the California Manual for
Courts-Martial
c) Includes a new reference to incorporate regulations
adopted by the Governor.
2)In the provision of the Code which pertains to the make up,
form, jurisdiction, and other particulars of courts-martial:
a) Removes references to the Articles of War and the
National Defense Act.
b) Adds a reference to laws and regulations of the Navy.
c) Clarifies that the UCMJ, regulations adopted by the
Governor or Adjutant General, and the California Manual for
Courts-Martial apply to the active militia including the
National Guard.
FISCAL EFFECT: This bill is not keyed fiscal.
COMMENTS:
SB 193
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California military law applies to the state's active militia,
which is comprised of the National Guard, State Military Reserve
and Naval Militia.
The California Manual for Courts-Martial provides an excellent
summary of the law regarding military law and justice applicable
to the California National Guard. California has chosen to also
include in this framework the State Military Reserve and Naval
Militia.
The National Guard in Title 10 federal service is expressly
subject to the Uniform Code of Military Justice (10 USC
Section 802(a)(3) and the Manual for Courts-Martial, United
States. The applicable law concerning the National; Guard not
in federal service requires that the National Guard have
courts-martial constituted like similar Title 10 courts with
the same jurisdiction and powers except as to punishments
(which shall be provides by state law), and that such courts
shall follow the forms and procedures provided for Title 10
courts (32 USC Section 326). The intent of California law is
to conform to all actions and regulations of the United States
affecting the military (California Military and Veterans Code
section 100). ?
California law also makes the UCMJ, and the rules and
regulations published thereunder, applicable to the California
National Guard except as otherwise provided in the California
Military and Veterans Code (Military and Veterans Code
sections 102 and 103).
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This bill removes outdated references, includes reference to the
laws and regulations applicable to the Navy (presumably in case
a Naval Militia is utilized), expressly includes the California
Manual for Courts-Martial, and makes other changes that do not
impact the
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
SB 193
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and Manual for Courts-Martial for the State of California's
application to its active militia, including the California
National Guard.
REGISTERED SUPPORT / OPPOSITION:
Support
California Military Department
Opposition
None on File.
Analysis Prepared by:John Spangler / V.A. / (916)
319-3550