82R4209 YDB-D

By: Flynn H.B. No. 2417

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Code of Military Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 432.001, Government Code, is amended by adding Subdivision (4-a) to read as follows:

(4-a) "Day" means a calendar day and is not synonymous with "unit training assembly" or any other accounting for training.

SECTION 2. Subchapter A, Chapter 432, Government Code, is amended by adding Section 432.006 to read as follows:

Sec. 432.006. PUNISHMENT MEASURED IN DAYS. Any punishment authorized under this chapter is measured in terms of calendar days.

SECTION 3. Sections 432.021(a), (b), (d), (e), (f), and (i), Government Code, are amended to read as follows:

(a) Under regulations that the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred on such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed on a member of the state military forces under this section if the member, before the imposition of the punishment, has demanded trial by court-martial in lieu of the punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by this section. If authorized by regulations of the governor, the governor or an officer of general rank in command may delegate the governor's or officer's powers under this section to a principal assistant. If disciplinary punishment other than admonition or reprimand is to be imposed, the accused shall be afforded the opportunity to be represented by defense counsel having the qualifications prescribed under Section 432.046(b), if such a counsel is available. Otherwise, the accused shall be afforded the opportunity to be represented by any available commissioned officer of the accused's [his] choice. The accused may also employ civilian counsel of the accused's [his own] choosing at the accused's [his own] expense. In all proceedings, the accused:

(1) is allowed three duty days, or longer on written justification, to reply to the notification of intent to impose punishment under this section; and

(2) is not subject to correctional custody.

(b) Subject to Subsection (a) and in addition to or in lieu of admonition or reprimand:

(1) any[, a] commanding officer may[, in addition to or in lieu of admonition or reprimand,] impose on officers and other personnel in the commanding officer's command one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(A) a fine equal to not more than two days' pay;

(B) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days; and

(C) for an enlisted member E-4 or below, reduction to the next inferior pay grade;

(2) a commanding officer of the grade of O-4 or above may impose on officers and other personnel in the commanding officer's command one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(A) a fine equal to not more than three days' pay;

(B) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days;

(C) for an enlisted member E-4 or below, reduction to the lowest or any intermediate pay grade; and

(D) for an enlisted member E-5 or E-6, reduction to the next inferior pay grade;

(3) a commanding officer of the grade of O-6 or above may impose on officers and other personnel in the commanding officer's command one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(A) a fine equal to not more than four days' pay;

(B) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days;

(C) for an enlisted member E-4 or below, reduction to the lowest or any intermediate pay grade; and

(D) for an enlisted member E-5 or above, reduction of not more than two pay grades; and

(4) the governor, the adjutant general, another general court-martial convening authority, or an officer of general or flag rank in command may impose on officers in the person's command one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(A) a fine equal to not more than four days' pay;

(B) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days; and

(C) reduction to the next inferior pay grade

[(1) on officers of his command:

[(A) restriction to certain specified limits with or without suspension from duty, for not more than 30 days; or

[(B) if imposed by the governor, or an officer of general rank in command:

[(i) arrest in quarters for not more than 30 days;

[(ii) forfeiture of not more than half of one month's pay a month for two months or a fine of not more than $75;

[(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days; or

[(iv) detention of not more than half of one month's pay a month for three months; and

[(2) on other personnel of his command:

[(A) if imposed on a person attached to or embarked in a vessel, confinement for not more than three days;

[(B) correctional custody for not more than seven days;

[(C) forfeiture of not more than seven days' pay or a fine of not more than $50;

[(D) reduction of not more than two pay grades, if imposed by a commanding officer of the grade of colonel or above, or reduction of not more than one pay grade, if imposed by a commanding officer of a grade lower than colonel;

[(E) extra duties including fatigue or other duties, for not more than 30 days, which need not be consecutive, and for not more than two hours a day, holidays included;

[(F) restriction to certain specified limits, with or without suspension from duty for not more than 14 days;

[(G) detention of not more than 14 days' pay; or

[(H) if imposed by an officer of the grade of major or above:

[(i) the punishment authorized under Subsection (b)(2)(A);

[(ii) correctional custody for not more than 30 days;

[(iii) forfeiture of not more than half of one month's pay a month for two months or a fine of not more than $100;

[(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or an officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;

[(v) extra duties, including fatigue or other duties, for not more than 45 days which need not be consecutive and for not more than two hours a day, holidays included;

[(vi) restriction to certain specified limits with or without suspension from duty, for not more than 60 days; or

[(vii) detention of not more than half of one month's pay a month for three months].

(d) An officer in charge may impose on enlisted members assigned to the unit of which the officer [he] is in charge [those of the] punishments authorized under Subsection (b) [Subsections (b)(2)(A)-(G)] that the governor specifically prescribes by regulation.

(e) The officer who imposes the punishment authorized in Subsection (b) or the officer's [his] successor in command may at any time suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or fine [or forfeiture] imposed under Subsection (b), whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to fine [or forfeiture or detention of pay. If mitigating arrest in quarters to restriction or extra duties to restriction, the mitigated punishment may not be for a greater period than the punishment mitigated. If mitigating forfeiture of pay to detention of pay, the amount of the detention may not be greater than the amount of the forfeiture]. If mitigating reduction in grade to fine, [forfeiture, or detention of pay,] the amount of the fine[, forfeiture, or detention] may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.

(f) A person punished under this section who considers the punishment unjust or disproportionate to the offense may appeal to the next superior authority through the proper channel. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under Subsection (e) by the officer who imposed the punishment. Before acting on an appeal from a punishment of [arrest in quarters for more than seven days, correctional custody for more than seven days, forfeiture of more than seven days' pay,] reduction of one or more pay grades from the fourth or a higher pay grade, [extra duties for more than 14 days, restriction of more than 14 days' pay, or detention of more than 14 days' pay,] the authority who is to act on the appeal shall refer the case to a judge advocate or legal officer of the state military forces for consideration and advice, and may similarly refer the case on appeal from a punishment imposed under Subsection (b).

(i) A commanding officer may delegate authority to make a reduction in pay grade under Subsection (b) [(b)(2)(D)] to the commanding officer's executive officer, chief of staff, or vice commander.

SECTION 4. Section 432.033(a), Government Code, is amended to read as follows:

(a) Subject to Section 432.032, a general court-martial has jurisdiction to try a person subject to this chapter for any offense made punishable by this chapter and may, under limitations the governor prescribes, adjudge any of the following punishments:

(1) a fine of not more than $10,000 [$1,000] or confinement for not more than five years [360 days];

(2) forfeiture of pay and allowances;

(3) reprimand;

(4) [dismissal or dishonorable discharge;

[(5)] reduction [of a noncommissioned officer] to any lower rank [the ranks]; or

(5) [(6)] any combination of those punishments.

SECTION 5. Section 432.034(a), Government Code, is amended to read as follows:

(a) Subject to Section 432.032, a special court-martial has jurisdiction to try a person subject to this chapter[, except a commissioned officer,] for any offense for which the person [he] may be punished under this chapter. A special court-martial has the same powers of punishment as a general court-martial, except that a special court-martial may not impose more than a $4,000 [$500] fine or confinement of more than one year [180 days] for a single offense.

SECTION 6. Sections 432.035(a) and (c), Government Code, are amended to read as follows:

(a) Subject to Section 432.032, a summary court-martial has jurisdiction to try persons subject to this chapter[, except officers,] for any offense made punishable by this chapter.

(c) A summary court-martial may sentence a person to pay a fine of not more than $1,000 [$200] or confinement for not more than 180 [90] days for a single offense[, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks].

SECTION 7. Section 432.160, Government Code, is amended to read as follows:

Sec. 432.160. THEFT [LARCENY] AND WRONGFUL APPROPRIATION. (a) A person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or any other person any money, personal property, or article of value of any kind:

(1) with intent permanently to deprive or defraud another person of the use and benefit of property, or to appropriate it to the person's [his] own use or the use of any person other than the owner, steals that property and is guilty of theft [larceny]; or

(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to the person's [his] own use or the use of any person other than the owner, is guilty of wrongful appropriation.

(b) A person found guilty of theft [larceny] or wrongful appropriation shall be punished as a court-martial directs.

SECTION 8. Subchapter J, Chapter 432, Government Code, is amended by adding Section 432.1225 to read as follows:

Sec. 432.1225. PENAL CODE OFFENSES. A person subject to this chapter who commits an offense under the Penal Code is considered to violate this chapter and is subject to punishment under this chapter.

SECTION 9. Section 432.021(c), Government Code, is repealed.

SECTION 10. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2011.