BILL ANALYSIS Ó
SB 193
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SENATE THIRD READING
SB
193 (Committee on Veterans Affairs)
As Amended June 8, 2015
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Veterans |8-0 |Irwin, Mathis, Alejo, | |
|Affairs | |Brough, Brown, Daly, | |
| | |Frazier, Salas | |
| | | | |
| | | | |
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SUMMARY: Cleans up and clarifies outdated language and
references pertaining to Courts Martial for the California
Military Department. Specifically, this bill:
1)Deletes outdated references to executive orders and statutes
creating the Manual for Courts-Martial and the Uniform Code of
Military Justice (UCMJ);
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2)Updates specified references; and
3)Provides that the UCMJ and Manual for Courts-Martial, United
States 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.
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:
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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: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: 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 United States Code 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 provided by state
law), and that such courts shall follow the forms and
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procedures provided for Title 10 courts (32 United
States Code 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).
This bill removes outdated references, adds a reference to the
laws and regulations applicable to the Navy (in case a Naval
Militia is utilized), expressly includes the California Manual
for Courts-Martial, and makes other changes that do not impact
the underlying intent of the code to mirror as closely as
possible the structure and rules applicable to National Guard in
federal service under Title 10.
Analysis Prepared by:
John Spangler / V.A. / (916) 319-3550 FN:
0001124
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