FINAL BILL REPORT

HB 1062

                                   C 48 L 89

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

SYNOPSIS AS ENACTED

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 by providing for independent judges and defense counsel as well as by instituting many of the legal procedures which exist in the civilian court systems.

SUMMARY:

The 1963 Washington Code of Military Justice (WCMJ) is amended to reflect subsequent changes in the federal Uniform Code of Military Justice.

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. 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.

VOTES ON FINAL PASSAGE:

      House 90   0

      Senate    42     0

EFFECTIVE:July 23, 1989