SENATE 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

Senate Committee on Law & Justice

Senate Hearing Date(s):March 22, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Ben Barnes (786-7465)

                  March 22, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 22, 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 nonjudicial punishment and court 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 nonjudicial 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 position of military judge is created.  Pretrial 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 are provided for.  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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Wes Uhlman, Washington National Guard