The federal Uniform Code of Military Justice (UCMJ) establishes criminal law and legal procedure for all federal armed forces.  It applies to active duty, National Guard and Reserve members, and academy students.  The UCMJ was created in 1951 and standardized military law across all service branches.  It contains offenses similar to civilian law, as well as military-specific infractions, and establishes the rights of the victim of an offense.

The Washington Code of Military Justice (WCMJ) applies to all members of the organized militia who are not in federal service.  The organized militia is defined to include the National Guard and any other military force organized under state law. 

Similar to the UCMJ, the WCMJ, enacted in 1963, includes offenses specific to military service, as well as offenses that parallel state crimes, and establishes provisions on:

• jurisdiction and persons subject to the WCMJ;
• apprehension and restraint;
• non-judicial punishment;
• courts-martial;
• pretrial and trial procedure;
• sentences; and
• punitive articles.

Serious offenses are tried by general or special court-martial. The WCMJ addresses procedures for providing military counsel to the accused, pretrial and trial procedures, and other procedural matters. Military authority has primary jurisdiction over military offenses. Certain crimes, such as murder and rape, are excluded from the WCMJ and are under the jurisdiction of state courts. If an offense could be both military and nonmilitary, the military may proceed only after the civilian authorities decline to prosecute or dismiss the charge, provided no jeopardy has attached.

Unless called into federal service, the Washington National Guard is under the control of the state and is not subject to the federal UCMJ.  The WCMJ applies to a guard member if the member commits an offense prohibited by the WCMJ, regardless of whether the member is on duty status.

A victim of an offense under the WCMJ has the following rights:

• the right to be reasonably protected from the accused;
• the right to notice of public hearings, investigation, court-martial, post-trial proceedings, public proceedings of the federal Service Clemency and Parole Board, and release or escape of the accused;
• the right to be present at a public hearing or proceeding, with certain exceptions;
• the right to be heard at public hearings addressing the accused's confinement prior to the hearing, sentencing hearings, and public proceedings of the federal Service Clemency and Parole Board;
• the right to confer with counsel representing the state;
• the right to restitution, if any;
• the right to proceed without unreasonable delay;
• the right to be informed of certain settlement agreements; and
• the right to be treated with fairness.

 A victim of an offense is defined as an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under the WCMJ.

When the accused's counsel plans to call a victim as a witness, the accused's counsel must request an interview through the victim's counsel, if any.  The victim's interview must be taken in the presence of the state's counsel, victim's counsel, or victim's advocate, if any.

The victim's rights do not authorize a cause of action for damages, create liability against the state for breach, or impair the charges against the accused or advice of the state judge advocate.

PRO: The bill is about aligning our state code of military justice with the federal code, specifically relating to a victim's bill of rights. The bill creates fairness in that the crime victim has the same express rights, whether they're under a federal authority or state active duty authority at the direction of the Governor. It provides guidance to military commanders that there is one standard for the protection of our service members. Delivering consistency and equity for all in all circumstances improves morale and increases unity within our organization.