Bill Text: CA SB193 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: The state militia.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-10-06 - Chaptered by Secretary of State. Chapter 533, Statutes of 2015. [SB193 Detail]

Download: California-2015-SB193-Amended.html

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BILL NUMBER: SB 193	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 8, 2015
	AMENDED IN SENATE  MARCH 18, 2015

INTRODUCED BY   Committee on Veterans Affairs (Senators Nielsen
(Chair), Allen, Hueso, Nguyen, and Roth)

                        FEBRUARY 10, 2015

   An act to amend Sections 102 and 451 of the Military and Veterans
Code, relating to the state militia.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 193, as amended, Committee on Veterans Affairs. Veterans.
   Existing law adopts the Uniform Code of Military Justice, and the
Manual for Courts-Martial, as governing and applicable to the active
state militia, including the California National Guard.
   This bill would delete outdated references to executive orders and
statutes creating the Manual for Courts-Martial and the Uniform Code
of Military Justice,  and would update a reference to the
National Defense Authorization Act.   update specified
references, and provide 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. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 102 of the Military and Veterans Code is
amended to read:
   102.  The Uniform Code of Military Justice (Chapter 47 (commencing
with Section 801) of Title 10 of the United States Code) and the
rules and regulations adopted thereunder, together with the Manual
for Courts-Martial, United States, are hereby adopted as a part of
this code and shall govern and be applicable, except as otherwise
provided in this code or in  the California Manual for
Courts-Martial or other  regulations adopted by the 
Governor or the  Adjutant General, to the active militia,
including the California National Guard.
  SEC. 2.  Section 451 of the Military and Veterans Code is amended
to read:
   451.  (a) The constitution and jurisdiction of general
courts-martial, special courts-martial, summary courts-martial, and
courts of inquiry, the form and manner in which the proceedings are
conducted and recorded, the forms of oaths and affirmations taken in
the administration of military law by such courts, the limits of
punishment, and the proceedings in the revision thereof, shall be
governed by the terms of  the Articles of War, the National
Defense Authorization Act,  the laws and regulations
governing the  Army of the United States and the United
States Air Force,   United States Army, Air Force, or
Navy,  and the law and procedure of similar courts of the United
States Army,  and the United States Air Force, 
 Air Force, or Navy,  except as otherwise provided in this
chapter.
   (b) The provisions of the Uniform Code of Military Justice, and
the rules and regulations published thereunder, shall govern and be
applicable  to the active militia, including the California
National Guard,  except as otherwise provided in this 
code to the active militia including the California National Guard.
  code, the California Manual for Courts-Martial, or
other regulations as adopted by the Governor or Adjutant General.