BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 193|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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UNFINISHED BUSINESS
Bill No: SB 193
Author: Committee on Veterans Affairs
Amended: 6/8/15
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 4/14/15
AYES: Nielsen, Hueso, Allen, Nguyen, Roth
SENATE FLOOR: 37-0, 4/20/15 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Gaines, Galgiani, Hall, Hancock, Hernandez,
Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu,
McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell,
Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski,
Wolk
NO VOTE RECORDED: Fuller, Pavley
ASSEMBLY FLOOR: 80-0, 8/31/15 - See last page for vote
SUBJECT: Veterans
SOURCE: Author
DIGEST: This bill cleans up portions of the Military and
Veterans Code by deleting outdated references to federal
executive orders and statutes (which the State borrows to define
military law for the active state militia), and by adding
updated references to federal law.
Assembly Amendments (1) remove outdated references to the
Articles of War and the National Defense Act, (2) add a
reference to laws and regulations of the United States Navy, (3)
add a reference to incorporate regulations adopted by the
Governor, and (4) incorporate by reference the California
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version of the Manual for Courts-Martial (MCM).
ANALYSIS: Existing law adopts standards and procedures
contained in the federal Uniform Code of Military Justice
(UCMJ), and federal MCM, as governing and applicable to the
active state militia, which includes the California National
Guard (CNG).
This bill:
1)Deletes outdated references to federal executive orders and
statutes creating the UCMJ and MCM.
2)Deletes an outdated reference to the Articles of War and the
National Defense Act.
3)Adds a reference to laws and regulations of the United States
Navy.
4)Adds a reference to incorporate regulations adopted by the
Governor.
5)Incorporates by reference the California version of the MCM.
6)Clarifies that the UCMJ, regulations adopted by the Governor
or Adjutant General, and the California MCM apply to the
active militia, including the CNG.
Background
Military law includes jurisdiction exercised by courts-martial
and jurisdiction exercised by commanders with respect to
nonjudicial punishment. The purpose of military law is to
promote justice, assist in maintaining good order and discipline
in the armed forces, promote efficiency and effectiveness in the
military establishment, thereby strengthening 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
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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 (Assembly 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.
AB 2579 (Sharon 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: (Verified8/31/15)
None received
OPPOSITION: (Verified8/31/15)
None received
SB 193
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ASSEMBLY FLOOR: 80-0, 8/31/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Wade Cooper Teasdale / V.A. / (916) 651-1503
8/31/15 18:14:49
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