Bill Text - SB338 (2012)

(New Title) relative to military discipline by the national guard.


Revision: May 22, 2012, midnight

SB 338-FN – AS AMENDED BY THE HOUSE

02/08/12 0546s

15May2012… 2007h

2012 SESSION

12-2828

05/10

SENATE BILL 338-FN

AN ACT relative to military discipline by the national guard and relative to qualifications of national guard judge advocate staff.

SPONSORS: Sen. Lambert, Dist 13; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. De Blois, Dist 18; Sen. Gallus, Dist 1; Sen. Luther, Dist 12; Sen. Odell, Dist 8; Rep. Baldasaro, Rock 3

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill removes a statutory reference to non-judicial punishment in the New Hampshire code of military justice. The bill also requires a member of the national guard judge advocate staff serving as lead counsel in a state court proceeding to be a member of the New Hampshire Bar Association.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/08/12 0546s

15May2012… 2007h

12-2828

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to military discipline by the national guard and relative to qualifications of national guard judge advocate staff.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Military Discipline. Amend RSA 110-B:39 to read as follows:

110-B:39 Military Discipline. The system of discipline of the national guard shall conform generally to that of the armed forces of the United States, and all personnel on duty or in active state service shall be subject to the punitive and disciplinary provisions of this chapter. Trial and punishment by civil authorities shall not bar trial and punishment or dismissal from the service by court-martial for any military offense involved. Reductions in rank and pay grade for judicial [or non-judicial] punishment shall be in accordance with the provisions of the Uniform Code of Military Justice.

2 Appointment of Judge Advocate; New Hampshire Bar Membership; When Required. Amend RSA 110-B;16, IV to read as follows:

IV. Members of the national guard may be ordered by the governor or under his authority to perform special duty, including duty in a judicial proceeding conducted pursuant to this chapter or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner or as a judge advocate in the performance of legal services in any suit, action or proceeding. In all cases where a member of the national guard judge advocate staff serves as lead counsel in a New Hampshire state court, such counsel shall be a member of the New Hampshire Bar Association.

3 Effective Date. This act shall take effect upon its passage.

LBAO

12-2828

Amended 05/22/12

SB 338 FISCAL NOTE

AN ACT relative to military discipline by the national guard and relative to qualifications of national guard judge advocate staff.

FISCAL IMPACT:

      The Adjutant General’s Department states this bill, as amended by the House (Amendment #2012-2007h), will have no fiscal impact on state, county and local revenue and expenditures.

METHODOLOGY:

    The Adjutant General’s Department states this bill adds language to RSA 110-B:16 to require a member of the national guard judge advocate staff that serves as lead counsel in a NH state court also be a member of the NH Bar Association, and makes a technical correction to RSA 110-B:39. The Department states this bill will have no fiscal impact on state, county and local revenue and expenditures.

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