This document includes House Committee Amendments incorporated into the bill on Wed, Feb 4, 2015 at 12:40 PM by lerror.



Chief Sponsor: Val L. Peterson

Senate Sponsor: Peter C. Knudson


8     General Description:
9          This bill provides Utah military commanders authority to prosecute or punish violations
10     of the Utah Code of Military Justice when committed while on federal military status.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends Utah Code to grant commanders authority to punish violators under duty
14     governed by Title 32, United States Code; and
15          ▸     makes technical corrections to definitions and designations for the Utah Code of
16     Military Justice.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          39-1-40.5, as last amended by Laws of Utah 1996, Chapter 198
24          39-6-1, as enacted by Laws of Utah 1988, Chapter 210
25          39-6-2, as last amended by Laws of Utah 2008, Chapter 287
26          39-6-15, as enacted by Laws of Utah 1988, Chapter 210
27          39-6-113, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9

28          39-6-114, as last amended by Laws of Utah 1996, Chapter 79

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 39-1-40.5 is amended to read:
32          39-1-40.5. Utah Code of Military Justice -- Procedures -- Jurisdiction.
33          (1) Title 39, Chapter 6, is adopted as the Utah Code of Military Justice, which may also
34     be referred to as the [UCMJ] UtCMJ.
35          (2) The [UCMJ] UtCMJ sets forth offenses which, if committed by personnel of the
36     Utah National Guard serving under this title or Title 32, United States Code, are punishable as
37     the Utah Military Court directs under regulations made and published under the [UCMJ]
38     UtCMJ.
39          (3) The Utah Military Court is a court of the state, convened under orders issued by the
40     governor or the adjutant general. Judges of the court may issue summons, executions, and
41     other process. The process shall be served by county sheriffs, at the expense of the state.
42          (4) Judgments for fines or forfeitures may be docketed in the same manner as district
43     court judgments in each county, and without costs.
44          (5) Appeals shall be taken to the Court of Appeals.
45          (6) Sentences of the Utah Military Court shall be served in a county jail. Costs
46     incurred by the county shall be paid out of the General Fund of the state.
47          (7) Certification as counsel for prosecution or defense, or as a judge of the Utah
48     Military Court, is under orders issued by the adjutant general, and is limited to attorneys who
49     are members of the Utah State Bar and are serving as judge advocates in the Utah National
50     Guard.
51          (8) A defendant may retain, at no cost to the state or National Guard, civilian counsel
52     to represent him before the Utah Military Court.
53          (9) The Utah Military Court may impose fines not exceeding $2,500, restitution to
54     victims, statutory surcharges, and may issue all writs and judgments for the execution of any of
55     them.
56          (10) When consistent with the Utah Manual for Military Courts, the Utah Rules of
57     Criminal Procedure apply in Utah Military Courts.
58          Section 2. Section 39-6-1 is amended to read:


60          39-6-1. Title.
61          This chapter is known [and may be cited] as the "Utah Code of Military Justice," and
62     may also be cited as the ["UCMJ."] "UtCMJ."
63          Section 3. Section 39-6-2 is amended to read:
64          39-6-2. Definitions.
65          As used in this chapter:
66          (1) "Accuser" means a person who:
67          (a) signs and swears to charges;
68          (b) directs that charges nominally be signed and sworn to by another; or
69          (c) any other person who has an interest other than an official interest in the
70     prosecution of the accused.
71          (2) "Commanding officer" means both a commissioned officer and a warrant officer
72     designated as a commander.
73          (3) "Commissioned officer" includes a commissioned warrant officer.
74          (4) "Convening authority" means the governor or the adjutant general.
75          (5) "Duty status other than state active duty" means any other type of duty, and
76     includes going to and returning from the duty.
77          (6) "Enlisted member" means a person in an enlisted grade.
78          (7) "Grade" means a step or degree in a graduated scale of office or military rank,
79     established and designated as a grade by law or regulation.
80          (8) "Legal officer" means any commissioned officer of the organized National Guard
81     of the state designated to perform legal duties for a command.
82          (9) "Major command" or "MACOM" means a major subdivision of the Utah National
83     Guard.
84          (10) "Military" means any or all of the armed forces of the United States.
85          (11) "Military court" means a court-martial, a court of inquiry, or a provost court.
86          (12) "Military judge" means a qualified staff judge advocate officer of a military court
87     detailed under Section 39-6-20.
88          (13) "National Guard" means the Utah Army and Air National Guard, including
89     part-time and full-time active guard and reserve (AGR), and includes the Utah unorganized

90     militia when called to active duty by the governor of the state.
91          (14) "Officer" means commissioned or warrant officer.
92          (15) "Rank" means the order of precedence among members of the armed forces.
93          (16) "State active duty" means full-time duty in the active military service of the state
94     under an order of the governor, issued pursuant to the governor's authority, and includes going
95     to and returning from the duty.
96          (17) "State judge advocate" or "SJA" means the commissioned officer responsible for
97     supervising the administration of the military justice in the National Guard, and qualified and
98     designated as judge advocate general corps officer.
99          (18) "Superior commissioned officer" means a commissioned officer superior to
100     another in rank or command.
101          (19) ["UCMJ"] "UtCMJ" means Title 39, Chapter 6, Utah Code of Military Justice.
102          Section 4. Section 39-6-15 is amended to read:
103          39-6-15. Military court -- Composition.
104          (1) In the National Guard that is not in federal service, there is a military court to hear
105     matters designated under the [UCMJ] UtCMJ.
106          (2) The court shall be composed of:
107          (a) a military judge and not fewer than three members; or
108          (b) a military judge, if before the court is assembled, the accused, knowing the identity
109     of the military judge and after consultation with his defense counsel, requests in writing a court
110     composed only of a military judge, and the military judge approves the request.
111          Section 5. Section 39-6-113 is amended to read:
112          39-6-113. Jurisdiction over offenses.
113          (1) A [person] member may not be tried or punished by court-martial or non-judicial
114     punishment respectively for any offense under Sections 39-6-66 through 39-6-106, unless the
115     offense was committed while [he] the member was in a military duty status [that includes but is
116     not limited to annual training, inactive duty for training, drill, duty] under Title [10 or] 32,
117     United States Code, or while on state active duty orders.
118          (2) Nothing in this section shall limit a commander's authority to use adverse
119     administrative action to address misconduct by a member, regardless of the member's status at
120     the time of the misconduct.

121          Section 6. Section 39-6-114 is amended to read:
122          39-6-114. Chapter interpretation -- Federal law.
123          Cases from the Ĥ→ Supreme Court of the United States and the [
federal] [[] Court
123a     of Appeals for the Armed Forces [
]] ←Ĥ [and the federal Courts
124     of Criminal Appeals] Ĥ→ [
Courts of Appeal and the Court of Criminal Appeals for the Armed
125     Forces
] ←Ĥ
that interpret provisions of the Uniform Code of Military Justice [shall be followed]
125a     and
126     the Manual for Courts-Martial United States shall be relied upon in interpretation of
127     corresponding provisions of Ĥ→ [
the UtCMJ] , Title 39, Chapter 6, Utah Code of Military
127a     Justice [
Section 39-6-24 and Sections 39-6-66 through
128     39-6-106
] ←Ĥ
[, where appropriate and applicable].

Legislative Review Note
     as of 1-16-15 9:56 AM

Office of Legislative Research and General Counsel