BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 193|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                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          Veterans Code by deleting outdated references to federal  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          Assembly Amendments (1) remove outdated references to the  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  








                                                                     SB 193  
                                                                    Page  2



          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  








                                                                     SB 193  
                                                                    Page  3



          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  
                                                                    Page  4



           
           
           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


                                   ****  END  ****