HOUSE BILL REPORT

EHB 1062

BYRepresentatives Appelwick, Padden, Inslee, Tate, Jacobsen and P. King; by request of  State Military Department

Revising provisions in the Washington code of military justice.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Hargrove, Inslee, P. King, R. Meyers, H. Myers, Patrick, Schmidt, Scott, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 24, 1989

BACKGROUND:

In 1956, Congress specifically authorized states to adopt individual codes of military justice to provide for discipline within the state militia.  In 1963, the state of Washington adopted the present Washington Code of Military Justice (WCMJ).  This statute sets up procedures for non-judicial punishments and courts-martial within the state militia.  For the most part, it covers military offenses such as being absent without leave, disobeying orders and disrespecting superiors.  Serious crimes such as murder and assault are excluded from the WCMJ and are left to civilian courts.  Federal law requires that state military codes conform to the Uniform Code of Military Justice (UCMJ).  The UCMJ was substantially revised in 1969 and again refined in 1984.  These changes modernized the UCMJ to provide for independent judges and defense counsel as well as to institute many of the legal procedures which exist in the civilian court systems.

SUMMARY:

The 1963 Washington Code of Military Justice is amended to reflect subsequent changes in the UCMJ.

The revisions allow unit commanders broader discretion in imposing non-judicial punishment. Such punishment is essentially administrative in nature and is imposed when an individual fails to perform his or her duties as required.  The punishments primarily affect the pay an individual receives and are directly related to his or her rank and other financial interests in his or her military position.  The amendments create the position of a military judge and provide for the independence of judges, defense counsel and court members.  The changes include providing for pre-trial motions, voting on challenges to court members, arraignment of the accused and other legal procedures which approximate those practiced in civilian criminal courts and in the federal military court system.  Review of charges by judge advocate officers is required prior to trial.

No changes are made in the substantive criminal offenses covered by the WCMJ.

Many technical changes in the WCMJ are made to delete gender references and to make terminology consistent throughout the act.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Pete Lukevich, Col. Kevin Ryan, Washington National Guard.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Washington military code has not kept pace with changes in the federal law.  It has become increasingly difficult to accommodate the requirements of both state and federal law in administering military justice.  The bill makes many necessary changes including instituting guarantees of independence of the judiciary and defense counsel.

House Committee - Testimony Against:      None Presented.