1     
UTAH NATIONAL GUARD AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Peter C. Knudson

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to the Utah National Guard statutes.
10     Highlighted Provisions:
11          This bill:
12          ▸     updates references and language in the Utah National Guard statutes;
13          ▸     provides that the adjutant general of the Utah National Guard is the commanding
14     general of the Utah National Guard;
15          ▸     repeals the Utah Code of Military Justice and adopts the federal Uniform Code of
16     Military Justice; and
17          ▸     makes technical and conforming corrections.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          39-1-1, as last amended by Laws of Utah 2010, Chapter 324
25          39-1-3, as last amended by Laws of Utah 1989, Chapter 22
26          39-1-12, as last amended by Laws of Utah 2011, Chapter 115
27          39-6-4, as enacted by Laws of Utah 1988, Chapter 210
28          39-6-113, as last amended by Laws of Utah 2015, Chapter 70
29     REPEALS AND REENACTS:
30          39-6-114, as last amended by Laws of Utah 2015, Chapter 70
31     REPEALS:
32          39-6-66, as enacted by Laws of Utah 1988, Chapter 210
33          39-6-67, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
34          39-6-68, as enacted by Laws of Utah 1988, Chapter 210
35          39-6-69, as enacted by Laws of Utah 1988, Chapter 210
36          39-6-70, as enacted by Laws of Utah 1988, Chapter 210
37          39-6-71, as enacted by Laws of Utah 1988, Chapter 210
38          39-6-72, as enacted by Laws of Utah 1988, Chapter 210
39          39-6-73, as enacted by Laws of Utah 1988, Chapter 210
40          39-6-74, as enacted by Laws of Utah 1988, Chapter 210
41          39-6-75, as enacted by Laws of Utah 1988, Chapter 210
42          39-6-76, as enacted by Laws of Utah 1988, Chapter 210
43          39-6-77, as enacted by Laws of Utah 1988, Chapter 210
44          39-6-78, as enacted by Laws of Utah 1988, Chapter 210
45          39-6-79, as enacted by Laws of Utah 1988, Chapter 210
46          39-6-80, as enacted by Laws of Utah 1988, Chapter 210
47          39-6-81, as enacted by Laws of Utah 1988, Chapter 210
48          39-6-82, as enacted by Laws of Utah 1988, Chapter 210
49          39-6-83, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
50          39-6-84, as enacted by Laws of Utah 1988, Chapter 210
51          39-6-85, as enacted by Laws of Utah 1988, Chapter 210
52          39-6-86, as enacted by Laws of Utah 1988, Chapter 210
53          39-6-87, as enacted by Laws of Utah 1988, Chapter 210
54          39-6-88, as enacted by Laws of Utah 1988, Chapter 210
55          39-6-89, as enacted by Laws of Utah 1988, Chapter 210
56          39-6-90, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
57          39-6-91, as enacted by Laws of Utah 1988, Chapter 210
58          39-6-92, as enacted by Laws of Utah 1988, Chapter 210
59          39-6-93, as last amended by Laws of Utah 2005, Chapter 2
60          39-6-94, as enacted by Laws of Utah 1988, Chapter 210
61          39-6-95, as enacted by Laws of Utah 1988, Chapter 210
62          39-6-96, as enacted by Laws of Utah 1988, Chapter 210
63          39-6-97, as enacted by Laws of Utah 1988, Chapter 210
64          39-6-98, as enacted by Laws of Utah 1988, Chapter 210
65          39-6-99, as enacted by Laws of Utah 1988, Chapter 210
66          39-6-100, as enacted by Laws of Utah 1988, Chapter 210
67          39-6-101, as enacted by Laws of Utah 1988, Chapter 210
68          39-6-102, as enacted by Laws of Utah 1988, Chapter 210
69          39-6-103, as enacted by Laws of Utah 1988, Chapter 210
70          39-6-104, as enacted by Laws of Utah 1988, Chapter 210
71          39-6-105, as enacted by Laws of Utah 1988, Chapter 210
72          39-6-106, as enacted by Laws of Utah 1988, Chapter 210
73     

74     Be it enacted by the Legislature of the state of Utah:
75          Section 1. Section 39-1-1 is amended to read:
76          39-1-1. Militia -- How constituted -- Persons exempted.
77          (1) All able-bodied citizens, and all able-bodied persons of foreign birth who have
78     declared their intention to become citizens, who are 18 years of age or older and younger than
79     [45] 66 years of age, who are residents of this state, constitute the militia, subject to the
80     following exemptions:
81          (a) persons exempted by laws of the United States;
82          (b) persons exempted by the laws of this state;
83          (c) all persons who have been honorably discharged from the army, air force, navy,
84     marines, coast guard, or volunteer forces of the United States;
85          (d) active members of any regularly organized fire or police department in any city or
86     town, but no member of the active militia is relieved from duty because of his joining any
87     volunteer fire company or department; and
88          (e) judges and clerks of courts of record, state and county civil officers holding office
89     by election, state officers appointed by the governor for a specified term of office, ministers of
90     the gospel, practicing physicians, superintendents, and officers and assistants of hospitals[,] and
91     prisons and jails[, conductors, brakemen, flagmen, engineers and firemen of railways, and all
92     other employees of railways actually employed in train service; and].
93          [(f) idiots, lunatics, and persons convicted of infamous crime.]
94          (2) All exempted persons, except those enumerated in Subsections (1)(a) through [(f)]
95     (e), are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public
96     disaster, or imminent danger of any of these, or after they have voluntarily enlisted in the
97     National Guard of this state.
98          Section 2. Section 39-1-3 is amended to read:
99          39-1-3. Governor commander in chief -- Powers and duties.
100          (1) The governor by virtue of [his] the governor's office shall be commander in chief of
101     the Utah National Guard and of the unorganized militia, and of any portions of the unorganized
102     militia which may [hereafter] be organized. [He shall be empowered and]
103          (2) The governor:
104          (a) is authorized to issue all [such] orders, rules and regulations necessary to conform
105     the Utah National Guard to Title 32 of the United States Code in its organization, government,
106     discipline, maintenance, training, equipment, and regulations[. He];
107          (b) shall appoint and commission all officers and select all warrant officers, subject to
108     the provisions of Title 32 of the United State Code; provided, that any [such] appointee failing
109     to receive federal recognition after having been [so] notified by the National Guard Bureau,
110     shall revert to status occupied before [such] the appointment[. He];
111          (c) shall determine and fix the home station and location of the various units of the
112     Utah National Guard[. He];
113          (d) shall provide armories, warehouses, maintenance and repair shops, hangars, small
114     arms, artillery and aircraft ranges, campsites, concentration areas, training facilities, military
115     reservations and arsenals as required for organizations of the Utah National Guard; and
116          (e) shall furnish suitable offices, or office space for regular army personnel assigned to
117     duties with the Utah National Guard[;], the expenses of which may be paid out of the state
118     military appropriations.
119          Section 3. Section 39-1-12 is amended to read:
120          39-1-12. Adjutant general -- Appointment -- Term.
121          (1) There shall be one adjutant general appointed by the governor. The adjutant general
122     is [chief of staff] the commanding general and holds office for a term of six years, unless
123     terminated by resignation, disability, or for cause as determined by a military court or
124     court-martial.
125          (2) The person appointed to the office shall:
126          (a) be a citizen of Utah and meet the requirements provided in Title 32, United States
127     Code[. He shall];
128          (b) be a federally recognized commissioned officer of the National Guard of the United
129     States with no fewer than [10] five years commissioned service in the Utah National Guard[.];
130     and
131          (c) as determined by the governor, have sufficient knowledge and experience to
132     command the Utah National Guard.
133          (3) Active service in the armed forces of the United States may be included in [this] the
134     requirement in Subsection (2)(b), if the officer was a member of the Utah National Guard when
135     [he] the officer entered that service.
136          (4) An officer is no longer eligible to hold the office of adjutant general after
137     [becoming 64] attaining 66 years of age.
138          Section 4. Section 39-6-4 is amended to read:
139          39-6-4. Fraudulently obtained discharge -- Desertion.
140          (1) A person discharged from the Utah National Guard who is later charged with
141     having fraudulently obtained the discharge is[, subject to Section 39-6-72,] subject to trial by a
142     military court on that charge.
143          (2) After apprehension, [he] the person is subject to this chapter while in military
144     custody for trial. Upon conviction of that charge [he] the person is subject to trial for all
145     offenses under this chapter committed prior to the fraudulent discharge.
146          (3) A person who has deserted from a military unit, which act would subject [him] the
147     person to the jurisdiction of this chapter, is not relieved from the jurisdiction of this chapter due
148     to a separation from any later period of service.
149          Section 5. Section 39-6-113 is amended to read:
150          39-6-113. Jurisdiction over offenses.
151          (1) A member may not be tried or punished by court-martial or non-judicial
152     punishment respectively for any offense [under Sections 39-6-66 through 39-6-106,] unless the
153     offense was committed while the member was in a military duty status under Title 32, United
154     States Code, or while on state active duty orders.
155          (2) Nothing in this section shall limit a commander's authority to use adverse
156     administrative action to address misconduct by a member, regardless of the member's status at
157     the time of the misconduct.
158          Section 6. Section 39-6-114 is repealed and reenacted to read:
159          39-6-114. Chapter interpretation -- Federal law governs.
160          (1) Federal laws and regulations, forms, precedents, and usages relating to and
161     governing the armed forces of the United States and the National Guard not inconsistent with
162     the constitution and laws of this state or with a rule or regulation adopted pursuant to Section
163     39-1-3, apply to and govern the National Guard of this state, including all members on active
164     duty within the state as active duty guard/reserve personnel under U.S.C.A. Title 32, National
165     Guard.
166          (2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations,
167     manuals, forms, precedents, and usages implementing, interpreting and complementing the
168     code, is adopted for use by the National Guard of this state and applies as long as it is not
169     inconsistent with:
170          (a) the constitution and laws of this state, including the regulations, manuals, forms,
171     precedents, and usages implementing, interpreting, and complementing the constitution and
172     laws of this state; or
173          (b) a rule or regulation adopted pursuant to Section 39-1-3, to govern the National
174     Guard of this state, including all members on active duty within the state as active duty
175     guard/reserve personnel under U.S.C.A. Title 32, National Guard, when the members are
176     serving other than in a federal capacity under U.S.C.A. Title 10.
177          Section 7. Repealer.
178          This bill repeals:
179          Section 39-6-66, Principal defined.
180          Section 39-6-67, Accessory after the fact.
181          Section 39-6-68, Conviction of lesser included offense or attempt.
182          Section 39-6-69, Attempt.
183          Section 39-6-70, Conspiracy.
184          Section 39-6-71, Solicitation of desertion, mutiny, or other act of misconduct.
185          Section 39-6-72, Fraudulent enlistment, appointment, or separation.
186          Section 39-6-73, Unlawful enlistment, appointment, or separation of another.
187          Section 39-6-74, Desertion.
188          Section 39-6-75, Absence without leave.
189          Section 39-6-76, Missing movement.
190          Section 39-6-77, Contempt toward officials.
191          Section 39-6-78, Disrespect toward superior officer.
192          Section 39-6-79, Assault or willful disobedience of an officer.
193          Section 39-6-80, Assault or willful disobedience of subordinate officer.
194          Section 39-6-81, Failure to obey order or regulation.
195          Section 39-6-82, Cruelty -- Maltreatment.
196          Section 39-6-83, Mutiny -- Sedition.
197          Section 39-6-84, Breaking arrest or confinement.
198          Section 39-6-85, Releasing prisoner without proper authority -- Allowing escape.
199          Section 39-6-86, Unlawful detention.
200          Section 39-6-87, Delay in disposition of case or noncompliance with chapter.
201          Section 39-6-88, Forcing a safeguard.
202          Section 39-6-89, Signing a false record.
203          Section 39-6-90, Sale, waste, or destruction of military property.
204          Section 39-6-91, Waste or destruction of nonmilitary property.
205          Section 39-6-92, Improper hazarding of vessel.
206          Section 39-6-93, Intoxicated or reckless driving.
207          Section 39-6-94, Intoxicated on duty -- Sentinel or lookout.
208          Section 39-6-95, Malingering.
209          Section 39-6-96, Riot -- Breach of peace.
210          Section 39-6-97, Provoking speeches or gestures.
211          Section 39-6-98, Theft -- Wrongful conversion.
212          Section 39-6-99, Aggravated arson -- Arson.
213          Section 39-6-100, Extortion.
214          Section 39-6-101, Assault -- Aggravated assault.
215          Section 39-6-102, Housebreaking.
216          Section 39-6-103, Perjury.
217          Section 39-6-104, Fraudulent claim against government.
218          Section 39-6-105, Conduct unbecoming an officer.
219          Section 39-6-106, Acts discrediting National Guard.