SB2 Alabama 2012 Session

Session

Regular Session 2012

Title

Alabama National Guard, disciplinary authority and procedures revised, new model military code similar to federal Uniform Code of Military Justice, Secs. 31-2-92 to 31-2-98, inclusive, 31-2-101, 31-2-103, 31-2-127 repealed

Description

Under existing law, the Alabama National Guard uses regulations to discipline guard members.

The options under the regulations are limited compared to the federal Uniform Code of Military Justice which applies when a member of the National Guard is on federal duty.

This bill would revise the disciplinary authority and procedures for the Alabama National Guard in substantially similar form to the federal Uniform Code of Military Justice.

This bill would provide that this new model military code for the Alabama National Guard would apply to all members of the Alabama National Guard during periods when they are not mobilized and would establish a system to provide for courts-martial and non-judicial punishment for forfeiture of pay and rank.

This bill would give Commanders added disciplinary authority that can be applied to offenses that are unique to the military, such as: AWOL, insubordination, forgery of official military records, assaults on superiors, and drug positives.

This military code would allow for Summary and Special Courts-Martial which could result in the issuance of a bad-conduct discharge and up to a one-year incarceration in a county jail.

To adopt a revised code of Military Justice substantially similar to the federal Uniform Code of Military Justice; and to repeal Sections 31-2-92 to 31-2-98, inclusive, 31-2-101, 31-2-103, and 31-2-127, Code of Alabama 1975.

Subjects

National Guard