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AN ACT
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relating to the Texas Code of Military Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 432.001, Government Code, is amended to |
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read as follows: |
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Sec. 432.001. DEFINITIONS. In this chapter: |
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(1) "Accuser" means a person who signs and swears to |
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charges, who directs that charges nominally be signed and sworn to |
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by another, or who has an interest other than an official interest |
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in the prosecution of the accused. |
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(2) "Active state duty" means duty authorized under |
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the constitution and laws of the state and all training authorized |
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under Title 32, United States Code. |
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(3) "Commanding officer" includes commissioned |
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officers and warrant officers of the state military forces who |
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either have been appointed to command by a superior authority or |
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have lawfully assumed command[, as applicable]. |
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(4) "Convening authority" includes, in addition to the |
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person who convened the court, a commissioned officer commanding |
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temporarily, or a successor in command. |
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(5) "Day" means a calendar day and is not synonymous |
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with unit training assembly or any other accounting for training. A |
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punishment authorized under this chapter that is measured in terms |
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of days means calendar days. |
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(6) "Duty" means any presence or performance of any |
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service with or on behalf of the state military forces. |
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(7) [(5)] "Enlisted member" means a person in an |
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enlisted grade. |
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(8) [(6)] "Grade" means a step or degree, in a |
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graduated scale of office or military rank, that is established and |
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designated as a grade by law or regulation. |
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(9) [(7)] "Judge advocate" means a commissioned |
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officer appointed to serve as a judge advocate by the adjutant |
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general under Section 432.005(b). |
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(10) [(8)] "Legal officer" means a commissioned |
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officer of the state military forces designated to perform legal |
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duties for a command. |
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(11) [(9)] "Military" refers to all or part of the |
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state military forces. |
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(12) [(10)] "Military court" means a court-martial, |
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court of inquiry, military commission, or provost court. |
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(13) [(11)] "Military judge" means an official of a |
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court-martial detailed in accordance with Section 432.045. |
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(14) [(12)] "Officer" means a commissioned or warrant |
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officer of the state military forces. |
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(15) [(13)] "Officer candidate" means a candidate |
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[cadet] of the state officer candidate school. |
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(16) [(14)] "Rank" means the order of precedence among |
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members of the state military forces. |
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(17) [(15)] "State judge advocate general" means the |
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judge advocate general of the state military forces, commissioned |
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in those forces, and responsible for supervising the administration |
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of military justice in the state military forces, and performing |
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other legal duties required by the adjutant general. |
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(18) [(16)] "State military forces" means the |
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National Guard of this state, as defined in Title 32, United States |
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Code [32 U.S.C. Sections 101(3), (4) and (6)], and other militia or |
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military forces organized under the laws of this state. |
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(19) [(17)] "Superior commissioned officer" means a |
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commissioned officer superior in rank or command. |
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SECTION 2. Section 432.002, Government Code, is amended to |
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read as follows: |
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Sec. 432.002. PERSONS SUBJECT TO CHAPTER. This chapter |
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applies to all members of the state military forces who are not in |
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federal service under Title 10, United States Code. |
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SECTION 3. Subchapters B and C, Chapter 432, Government |
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Code, are amended to read as follows: |
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SUBCHAPTER B. APPREHENSION AND RESTRAINT; NONJUDICIAL PUNISHMENT |
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Sec. 432.008 [432.011]. APPREHENSION. (a) In this |
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subchapter, "apprehend" means to take a person into custody. |
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(b) A person authorized by this chapter or by regulations |
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issued under it to apprehend a person subject to this chapter, a |
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marshal of a court-martial appointed under this chapter, and a |
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peace officer having authority to apprehend offenders under the |
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laws of the United States or of a state, may do so on reasonable |
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belief that an offense has been committed and that the person |
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apprehended committed it. |
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(c) Commissioned officers, warrant officers, and |
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noncommissioned officers may quell quarrels, frays, and disorders |
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among persons subject to this chapter and apprehend persons subject |
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to this chapter who take part in those activities. |
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Sec. 432.009 [432.012]. APPREHENSION OF DESERTERS. A civil |
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officer or peace officer having authority to apprehend offenders |
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under the laws of the United States or a state, territory, |
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commonwealth, or possession, or the District of Columbia, may |
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summarily apprehend a deserter from the state military forces and |
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deliver the deserter into the custody of the state military forces. |
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Sec. 432.010 [432.013]. IMPOSITION OF RESTRAINT. (a) In |
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this subchapter: |
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(1) "Arrest" means the restraint of a person by an |
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order, not imposed as a punishment for an offense, directing the |
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person to remain within certain specified limits. |
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(2) "Confinement" means the physical restraint of a |
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person. |
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(b) An enlisted member may be ordered into arrest or |
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confinement by a commissioned officer by an oral or written order |
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delivered in person, through other persons subject to this chapter, |
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or through a person authorized by this chapter to apprehend |
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persons. A commanding officer may authorize warrant officers or |
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noncommissioned officers to order enlisted members of the officer's |
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[his] company or subject to the officer's [his] authority into |
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arrest or confinement. |
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(c) A commissioned officer or warrant officer may be ordered |
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apprehended or into arrest or confinement only by a commanding |
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officer to whose authority the person [he] is subject, by an oral or |
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written order delivered in person or by another commissioned |
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officer. The authority to order such persons apprehended or into |
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arrest or confinement may not be delegated. |
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(d) A person may not be ordered apprehended or into arrest |
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or confinement except for probable cause. |
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(e) This section does not limit the authority of persons |
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authorized to apprehend offenders to secure the custody of an |
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alleged offender until the proper authority may be notified. |
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Sec. 432.011 [432.014]. RESTRAINT OF PERSONS CHARGED WITH |
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OFFENSES. A person subject to this chapter charged with an offense |
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under this chapter shall be ordered into arrest or confinement, as |
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circumstances may require, but if charged with only an offense |
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normally tried by a summary court-martial, the person may not |
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ordinarily be placed in confinement. If a person subject to this |
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chapter is placed in arrest or confinement before trial, immediate |
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steps shall be taken to inform the person [him] of the specific |
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wrong of which the person [he] is accused and to try the person |
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[him] or to dismiss the charges and release the person [him]. A |
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person confined other than in a guardhouse, whether before, during, |
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or after trial by a military court, shall be confined in a civilian |
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[civil] jail. |
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Sec. 432.012 [432.015]. REPORTS AND RECEIVING OF |
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PRISONERS. (a) A provost marshal, commander of a guard, master at |
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arms, warden, keeper, or officer of a city or county jail or any |
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other jail designated under Section 432.011 [432.014] may not |
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refuse to receive or keep a prisoner committed to the person's [his] |
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charge, when the committing person furnishes a statement, signed by |
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the committing person [him], of the offense charged against the |
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prisoner. |
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(b) A commander of a guard, master at arms, warden, keeper, |
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or officer of a city or county jail or of any other jail designated |
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under Section 432.011 [432.014] to whose charge a prisoner is |
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committed shall, within 24 hours after that commitment or as soon as |
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the person [he] is relieved from guard, report to the commanding |
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officer of the prisoner the name of the prisoner, the offense |
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charged against the prisoner [him], and the name of the person who |
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ordered or authorized the commitment. |
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Sec. 432.013 [432.016]. PUNISHMENT PROHIBITED BEFORE |
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TRIAL. Subject to Section 432.093, a person, while being held for |
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trial or the result of trial, may not be subjected to punishment or |
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penalty other than arrest or confinement on the charges pending |
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against the person, nor may the arrest or confinement imposed on the |
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person be more rigorous than the circumstances require to ensure |
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the person's presence, but the person may be subjected to minor |
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punishment during that period for infractions of discipline. |
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Sec. 432.014 [432.017]. DELIVERY OF OFFENDERS TO CIVIL |
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AUTHORITIES. (a) Under regulations prescribed under this chapter |
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a person subject to this chapter who is on active state duty and who |
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is accused of an offense against civil authority may be delivered, |
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on request, to the civil authority for trial. |
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(b) If delivery under this section is made to a civil |
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authority of a person undergoing sentence of a court-martial, the |
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delivery, if followed by conviction in a civil tribunal, interrupts |
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the execution of the sentence of the court-martial, and the |
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offender, after having answered to the civil authorities for the |
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offense, on the request of competent military authority, shall be |
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returned to military custody for the completion of the sentence. |
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[SUBCHAPTER C. NONJUDICIAL PUNISHMENT] |
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Sec. 432.015 [432.021]. COMMANDING OFFICER'S NONJUDICIAL |
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PUNISHMENT. (a) Under regulations as [that the governor] may be |
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prescribed, any commanding officer may impose disciplinary |
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punishments for minor offenses without the intervention of a |
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court-martial in accordance with this subchapter. There is no |
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right to trial by court-martial in lieu of nonjudicial punishment |
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imposed under this section. Only the governor, the adjutant |
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general, or an officer of a general or flag rank in command may |
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delegate the powers under this section to a principal assistant who |
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is a member of the state military forces. |
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(b) Any accused person who is facing discipline under this |
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section [prescribe, limitations may be placed on the powers granted
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by this section with respect to the kind and amount of punishment
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authorized, the categories of commanding officers and warrant
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officers exercising command authorized to exercise those powers,
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the applicability of this section to an accused who demands trial by
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court-martial, and the kinds of courts-martial to which the case
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may be referred on such a demand. However, except in the case of a
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member attached to or embarked in a vessel, punishment may not be
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imposed on a member of the state military forces under this section
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if the member, before the imposition of the punishment, has
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demanded trial by court-martial in lieu of the punishment. Under
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similar regulations, rules may be prescribed with respect to the
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suspension of punishments authorized by this section. If
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authorized by regulations of the governor, the governor or an
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officer of general rank in command may delegate the governor's or
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officer's powers under this section to a principal assistant. If
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disciplinary punishment other than admonition or reprimand is to be
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imposed, the accused] shall be afforded the opportunity to be |
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represented by defense counsel having the qualifications |
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prescribed under Section 432.046(b), if such a counsel is |
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reasonably available. Otherwise, the accused shall be afforded the |
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opportunity to be represented by any available commissioned officer |
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of the accused's [his] choice. The accused may also be represented |
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by [employ] civilian counsel [of his own choosing] at no [his own] |
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expense to the state. In all proceedings, the accused is allowed |
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three duty days, or longer on written justification, to reply to the |
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notification of intent to impose punishment under this section. |
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(c) Any [(b) Subject to Subsection (a), a] commanding |
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officer may[, in addition to or in lieu of admonition or reprimand,] |
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impose on enlisted members in the officer's [one or more of the
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following disciplinary punishments for minor offenses without the
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intervention of a court-martial:
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[(1) on officers of his] command: |
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(1) a reprimand; |
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(2) [(A)
restriction to certain specified limits
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with or without suspension from duty, for not more than 30 days; or
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[(B)
if imposed by the governor, or an officer of
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general rank in command:
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[(i)
arrest in quarters for not more than 30
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days;
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[(ii)
forfeiture of not more than half of
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one month's pay a month for two months or] a fine equal to an amount |
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that is [of] not more than seven days' pay [$75]; and |
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(3) a reduction to the next inferior pay grade. |
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(d) Any [(iii)
restriction to certain specified limits,
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with or without suspension from duty, for not more than 60 days; or
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[(iv)
detention of not more than half of one
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month's pay a month for three months; and
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[(2) on other personnel of his command:
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[(A)
if imposed on a person attached to or
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embarked in a vessel, confinement for not more than three days;
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[(B)
correctional custody for not more than seven
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days;
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[(C)
forfeiture of not more than seven days' pay
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or a fine of not more than $50;
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[(D)
reduction of not more than two pay grades,
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if imposed by a] commanding officer of the grade of O-4 [colonel] or |
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above may impose on enlisted members in the officer's command: |
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(1) a reprimand; |
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(2) [, or reduction of not more than one pay grade, if
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imposed by a commanding officer of a grade lower than colonel;
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[(E)
extra duties including fatigue or other
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duties, for not more than 30 days, which need not be consecutive,
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and for not more than two hours a day, holidays included;
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[(F)
restriction to certain specified limits,
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with or without suspension from duty for not more than 14 days;
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[(G) detention of not more than 14 days' pay; or
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[(H)
if imposed by an officer of the grade of
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major or above:
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[(i)
the punishment authorized under
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Subsection (b)(2)(A);
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[(ii)
correctional custody for not more
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than 30 days;
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[(iii)
forfeiture of not more than half of
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one month's pay a month for two months or] a fine equal to an amount |
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that is [of] not more than one month's pay [$100]; and |
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(3) a [(iv)] reduction to the lowest or any |
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intermediate pay grade, [if the grade from which demoted is within
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the promotion authority of the officer imposing the reduction or an
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officer subordinate to the one who imposes the reduction,] but an |
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enlisted member in a pay grade above E-4 may not be reduced more |
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than two pay grades[;
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[(v)
extra duties, including fatigue or
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other duties, for not more than 45 days which need not be
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consecutive and for not more than two hours a day, holidays
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included;
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[(vi)
restriction to certain specified
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limits with or without suspension from duty, for not more than 60
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days; or
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[(vii)
detention of not more than half of
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one month's pay a month for three months.
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[(c)
Detention of pay shall be for a stated period of not
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more than one year, but if the offender's term of service expires
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earlier, the detention shall terminate on that expiration. No two
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or more of the punishments of arrest in quarters, correctional
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custody, extra duties, and restriction may be combined to run
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consecutively in the maximum amount imposable for each. If any of
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those punishments are combined to run consecutively, there must be
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an apportionment. In addition, fine or forfeiture of pay may not be
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combined with detention of pay without an apportionment. For the
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purposes of this section "correctional custody" means the physical
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restraint of a person during duty or nonduty hours and may include
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extra duties, fatigue duties, or hard labor. If practicable,
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correctional custody may not be required to be served in immediate
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association with persons awaiting trial or held in confinement
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pursuant to trial by courts-martial.
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[(d)
An officer in charge may impose on enlisted members
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assigned to the unit of which he is in charge those of the
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punishments authorized under Subsections (b)(2)(A)-(G) that the
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governor specifically prescribes by regulation]. |
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(e) The governor, the adjutant general, an officer |
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exercising general court-martial convening authority, or an |
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officer of a general or flag rank in command may impose: |
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(1) on officers in the officer's command: |
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(A) a reprimand; and |
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(B) a fine equal to an amount that is not more |
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than one month's pay; and |
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(2) on enlisted members in the officer's command, any |
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punishment authorized under Subsection (d). |
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(f) The officer who imposes the punishment authorized in |
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this section [Subsection (b)] or the officer's [his] successor in |
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command may at any time suspend, set aside, reduce, or remit |
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[probationally] any part or amount of the [unexecuted] punishment |
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[imposed and may suspend probationally a reduction in grade or fine
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or forfeiture imposed under Subsection (b), whether or not
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executed. In addition, the officer may, at any time, remit or
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mitigate any part or amount of the unexecuted punishment imposed
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and may set aside in whole or in part the punishment, whether
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executed or unexecuted,] and restore all rights, privileges, and |
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property affected. The [officer may also mitigate reduction in
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grade to fine or forfeiture or detention of pay. If mitigating
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arrest in quarters to restriction or extra duties to restriction,
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the] mitigated punishment may not be for a greater amount [period] |
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than the punishment mitigated. When [If mitigating forfeiture of
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pay to detention of pay, the amount of the detention may not be
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greater than the amount of the forfeiture. If] mitigating |
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reduction in grade to a fine, [forfeiture, or detention of pay,] the |
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amount of the fine[, forfeiture, or detention] may not be greater |
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than the amount that could have been imposed initially under this |
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section by the officer who imposed the punishment mitigated. |
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(g) [(f)] A person punished under this section who |
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considers the punishment unjust or disproportionate to the offense |
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may, through the proper channel, appeal to the next superior |
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authority not later than the 15th day after the date the punishment |
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is either announced or sent to the accused, as the commanding |
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officer determines [through the proper channel]. The appeal shall |
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be promptly forwarded and decided, but the person punished may in |
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the meantime be required to undergo the punishment adjudged. The |
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superior authority may exercise the same powers with respect to the |
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punishment imposed as may be exercised under Subsection (f) [(e)] |
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by the officer who imposed the punishment. Before acting on an |
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appeal from a punishment [of arrest in quarters for more than seven
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days, correctional custody for more than seven days, forfeiture of
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more than seven days' pay, reduction of one or more pay grades from
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the fourth or a higher pay grade, extra duties for more than 14
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days, restriction of more than 14 days' pay, or detention of more
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than 14 days' pay], the authority who is to act on the appeal may |
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[shall] refer the case to a judge advocate [or legal officer of the
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state military forces] for consideration and advice[, and may
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similarly refer the case on appeal from a punishment imposed under
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Subsection (b)]. |
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(h) [(g)] The imposition and enforcement of disciplinary |
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punishment under this section for any [an] act or omission is not a |
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bar to trial by court-martial or a civilian court of competent |
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jurisdiction for a serious crime or offense growing out of the same |
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act or omission and not properly punishable under this section, but |
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the fact that a disciplinary punishment has been enforced may be |
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shown by the accused on trial and, when shown, shall be considered |
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in determining the measure of punishment to be adjudged in the event |
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of a finding of guilty. |
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(i) Regulations [(h) The governor by regulation] may |
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prescribe the form of records to be kept of proceedings under this |
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section and [may require] that certain categories of those |
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proceedings shall be in writing. |
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[(i)
A commanding officer may delegate authority to make a
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reduction in pay grade under Subsection (b)(2)(D) to the commanding
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officer's executive officer, chief of staff, or vice commander.] |
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SECTION 4. Section 432.031, Government Code, is amended to |
|
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read as follows: |
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|
Sec. 432.031. COURTS-MARTIAL CLASSIFIED. The three kinds |
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of courts-martial in each of the state military forces are: |
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(1) general court-martial, consisting of: |
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(A) a military judge and not fewer than five |
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members; or |
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(B) only a military judge, if before the court is |
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assembled the accused, knowing the identity of the military judge |
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and after consultation with defense counsel, requests in writing a |
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court composed only of a military judge and the military judge |
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approves; |
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(2) special court-martial, consisting of: |
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(A) [not fewer than three members; or
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[(B)] a military judge and not fewer than three |
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members; or |
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(B) [(C)] only a military judge, if one has been |
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detailed to the court, and the accused under the same conditions as |
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those prescribed in Subdivision (1)(B) requests; and |
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(3) summary court-martial, consisting of one officer, |
|
|
who must be a military judge or an attorney licensed to practice law |
|
|
in this state. |
|
|
SECTION 5. Section 432.032, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 432.032. JURISDICTION OF COURT-MARTIAL IN GENERAL. |
|
|
Each force of the state military forces has court-martial |
|
|
jurisdiction over a member of the force who is subject to this |
|
|
chapter. The Texas Army National Guard and the Texas Air National |
|
|
Guard have court-martial jurisdiction over all enlisted members |
|
|
[all persons] subject to this chapter. The exercise of |
|
|
jurisdiction by one force over personnel of another force shall be |
|
|
in accordance with regulations prescribed by the governor. |
|
|
SECTION 6. Section 432.033(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Subject to Section 432.032, a general court-martial has |
|
|
jurisdiction to try a person subject to this chapter for any offense |
|
|
made punishable by this chapter and may, under limitations the |
|
|
governor prescribes, adjudge any of the following punishments: |
|
|
(1) reprimand; |
|
|
(2) forfeiture of pay and allowances; |
|
|
(3) a fine of not more than $10,000; |
|
|
(4) reduction of any enlisted member to any lower |
|
|
rank; |
|
|
(5) [$1,000 or] confinement for not more than five |
|
|
years; |
|
|
(6) [360 days;
|
|
|
[(2) forfeiture of pay and allowances;
|
|
|
[(3) reprimand;
|
|
|
[(4)] dismissal or bad conduct or dishonorable |
|
|
discharge[;
|
|
|
[(5)
reduction of a noncommissioned officer to the
|
|
|
ranks]; or |
|
|
(7) [(6)] any combination of those punishments. |
|
|
SECTION 7. Section 432.034, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 432.034. JURISDICTION OF SPECIAL COURT-MARTIAL. (a) |
|
|
Subject to Section 432.032, a special court-martial has |
|
|
jurisdiction to try a person subject to this chapter, except a |
|
|
commissioned officer, for any offense [for which he may be
|
|
|
punished] under this chapter. A special court-martial has the same |
|
|
powers of punishment as a general court-martial, except that a |
|
|
special court-martial may not impose more than a $4,000 [$500] fine |
|
|
and [or] confinement of not more than one year [180 days] for a |
|
|
single offense. |
|
|
(b) A dismissal or bad conduct [dishonorable] discharge may |
|
|
not be adjudged unless a complete record of the proceedings and |
|
|
testimony is made, counsel having the qualifications prescribed |
|
|
under Section 432.046(b) is detailed to represent the accused, and |
|
|
a military judge is detailed to the trial, except in a case in which |
|
|
a military judge cannot be detailed to the trial because of physical |
|
|
conditions or military exigencies. In a case in which a military |
|
|
judge is not detailed to the trial, the convening authority shall |
|
|
make a detailed written statement, to be appended to the record, |
|
|
stating the reason a military judge could not be detailed. |
|
|
SECTION 8. Sections 432.035(a) and (c), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) Subject to Section 432.032, a summary court-martial has |
|
|
jurisdiction to try persons subject to this chapter, except |
|
|
officers, for any offense under [made punishable by] this chapter. |
|
|
(c) A summary court-martial may sentence a person to pay a |
|
|
fine of not more than $1,000 and [$200 or] confinement for not more |
|
|
than 90 days for a single offense, to forfeit [forfeiture of] pay |
|
|
and allowances, and to reduction of a noncommissioned officer to |
|
|
any lower rank [the ranks]. |
|
|
SECTION 9. Section 432.042, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 432.042. WHO MAY CONVENE SPECIAL COURT-MARTIAL. In |
|
|
the state military forces not in federal service, any commander in |
|
|
the grade of O-5 [lieutenant colonel] or [in a] higher [grade] may |
|
|
convene a special court-martial. |
|
|
SECTION 10. Section 432.043, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 432.043. WHO MAY CONVENE SUMMARY COURT-MARTIAL. In |
|
|
the state military forces not in federal service, any commander in |
|
|
the grade of O-4 [major] or [in a] higher [grade] may convene a |
|
|
summary court-martial. |
|
|
SECTION 11. Sections 432.044(a), (c), and (d), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) Any [A] state commissioned officer in a duty status is |
|
|
eligible to serve on a court-martial [for the trial of a person who
|
|
|
may lawfully be brought before the court for trial]. |
|
|
(c) An enlisted member of the state military forces in a |
|
|
duty status who is not a member of the same unit as the accused is |
|
|
eligible to serve on general and special courts-martial for the |
|
|
trial of an enlisted member of the state military forces who may |
|
|
lawfully be brought before the court for trial if, before the |
|
|
conclusion of a session called by the military judge under Section |
|
|
432.064(a) before trial or, in the absence of such a session, before |
|
|
the court is assembled for the trial of the accused, the accused |
|
|
personally has requested in writing that enlisted members serve on |
|
|
it. After such a request, the accused may not be tried by a general |
|
|
or special court-martial the membership of which does not include |
|
|
enlisted members in a number comprising at least one-third of the |
|
|
total membership of the court, unless eligible members cannot be |
|
|
obtained because of physical conditions or military exigencies. If |
|
|
a sufficient number of enlisted members cannot be obtained, the |
|
|
court may be convened and the trial held without them, but the |
|
|
convening authority shall make a detailed written statement, to be |
|
|
appended to the record, stating why they could not be obtained. In |
|
|
this subsection, "unit" means a regularly organized body of the |
|
|
state military forces not larger than a company, squadron, division |
|
|
of the naval militia, or body corresponding to a company, squadron, |
|
|
or division. |
|
|
(d) When [If] it can be avoided, a person subject to this |
|
|
chapter may not be tried by a court-martial[, a member] of which any |
|
|
member is junior to the accused [him] in rank or grade. On |
|
|
convening a court-martial, the convening authority shall detail as |
|
|
members of the court-martial members of the state military forces |
|
|
that, in the convening authority's [his] opinion, are best |
|
|
qualified for the duty because of age, education, training, |
|
|
experience, length of service, and judicial temperament. A member |
|
|
of the state military forces is not eligible to serve as a member of |
|
|
a general or special court-martial if the member is the accuser, is |
|
|
[or] a witness, [for the prosecution] or has acted as investigating |
|
|
officer or counsel in the same case. |
|
|
SECTION 12. Section 432.045(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) A person who is the accuser, is [or] a witness, [for the
|
|
|
prosecution] or has acted as investigating officer or counsel in a |
|
|
case is not eligible to act as military judge in the same case. |
|
|
SECTION 13. Section 432.046, Government Code, is amended by |
|
|
adding Subsection (b-1) to read as follows: |
|
|
(b-1) Trial counsel or defense counsel detailed for a |
|
|
general court-martial may not be under the supervision or command |
|
|
of the other counsel unless the accused and the prosecution |
|
|
expressly waive this restriction. |
|
|
SECTION 14. Section 432.062(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) In the preparation of an effectiveness, fitness, or |
|
|
efficiency report, or another report or document used in whole or |
|
|
part for determining whether a member of the state military forces |
|
|
is qualified to be advanced in grade, in determining the assignment |
|
|
or transfer of a member of the state military forces, or in |
|
|
determining whether a member of the state military forces should be |
|
|
retained on duty, a person subject to this chapter may not: |
|
|
(1) consider or evaluate the performance of duty of |
|
|
the member as a member of a court-martial or a witness in a |
|
|
court-martial; or |
|
|
(2) give a less favorable rating or evaluation of a |
|
|
member of the state military forces because of the zeal with which |
|
|
the member, as counsel, represented an accused before a |
|
|
court-martial. |
|
|
SECTION 15. Subchapter J, Chapter 432, Government Code, is |
|
|
amended by adding Section 432.1225 to read as follows: |
|
|
Sec. 432.1225. PENAL CODE OFFENSES. A person subject to |
|
|
this chapter who commits an offense under the Penal Code is |
|
|
considered to violate this chapter and is subject to punishment |
|
|
under this chapter. |
|
|
SECTION 16. Section 432.183, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 432.183. CHAPTER [SECTIONS] TO BE EXPLAINED. This |
|
|
chapter [Sections 432.002, 432.003, 432.011-432.017, 432.021,
|
|
|
432.044, 432.046, 432.052, 432.062, 432.063, 432.091,
|
|
|
432.121-432.167, and 432.183-432.185] shall be carefully explained |
|
|
to every enlisted member at the time of or not later than the 30th |
|
|
day after the date of the member's [his] enlistment, transfer, or |
|
|
induction into, or the member's [his] order to duty in or with, any |
|
|
of the state military forces. It [They] shall also be explained |
|
|
annually to each unit of the state military forces. A complete text |
|
|
of this chapter and of the regulations prescribed by the governor |
|
|
under this chapter shall be made available to any member of the |
|
|
state military forces, on the member's [his] request, for the |
|
|
member's [his] personal examination. |
|
|
SECTION 17. Section 432.190(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) A fine or forfeiture imposed by nonjudicial punishment |
|
|
or a special or summary court-martial shall be paid to the officer |
|
|
imposing nonjudicial punishment or ordering the court or to the |
|
|
officer commanding at that time. The officer, not later than the |
|
|
fifth day after the date of the payment's receipt, shall place it to |
|
|
the credit of the military unit fund of the unit of which the person |
|
|
fined was a member when the fine was imposed. |
|
|
SECTION 18. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
For purposes of this section, an offense is committed before the |
|
|
effective date of this Act if any element of the offense occurs |
|
|
before the effective date. An offense committed before the |
|
|
effective date of this Act is covered by the law in effect when the |
|
|
offense was committed, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 19. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2417 was passed by the House on May |
|
|
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2417 was passed by the Senate on May |
|
|
21, 2011, by the following vote: Yeas 31, Nays 0 |
|
|
. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |