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S1518................................................by JUDICIARY AND RULES
MILITARY JUSTICE - Amends and adds to existing law to revise the Idaho Code
of Military Justice.
02/24 Senate intro - 1st rdg - to printing
02/25 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hansen, Hawkins, Ingram, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Danielson, Dunklin, Ipsen, Thorne
Floor Sponsors - Boatright, King
Title apvd - to House
03/09 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 58-0-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(23), Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crane, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Henbest, Hornbeck, Jaquet, Jones(22), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Mortensen, Newcomb, Pomeroy, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Bivens, Black(15), Crow, Gagner, Hansen,
Jones(9), Jones(20), Miller, Pischner, Reynolds, Wood, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor - Governor signed
Session Law Chapter 176
Effective: 07/01/98
S1518|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1518 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO CODE OF MILITARY JUSTICE; AMENDING SECTION 46-1103, 3 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO 4 ADD DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 5 46-1104, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI- 6 NOLOGY AND TO PROVIDE THE PERSONS SUBJECT TO THE CODE; AMENDING SECTION 7 46-1105, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI- 8 NOLOGY, TO PROVIDE A CODE REFERENCE, TO PROVIDE FOR VENUE FOR A COURT-MAR- 9 TIAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1106, IDAHO 10 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO PRO- 11 VIDE FOR JURISDICTION TO TRY A PERSON FOR FRAUDULENTLY OBTAINED DISCHARGE 12 AFTER SERVICE OF CHARGES AND TO DELETE OBSOLETE LANGUAGE; AMENDING SECTION 13 46-1107, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR CONCUR- 14 RENT JURISDICTION OF CIVIL COURTS; AMENDING SECTION 46-1108, IDAHO CODE, 15 TO REDESIGNATE THE SECTION, TO PROVIDE FOR NONJUDICIAL PUNISHMENTS, TO 16 PROVIDE FOR NOTICE AND OPPORTUNITY TO MAKE A PRESENTATION, TO PROVIDE THAT 17 NONJUDICIAL PUNISHMENT IS NOT A BAR TO COURT-MARTIAL BUT MAY BE CONSIDERED 18 IN SENTENCING, TO PROVIDE FOR DESTRUCTION OF RECORDS OF NONJUDICIAL PUN- 19 ISHMENT, TO CLARIFY A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 20 ING SECTION 46-1109, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE 21 CORRECT TERMINOLOGY, TO PROVIDE THE PROBABLE CAUSE FOR A WARRANT OF ARREST 22 AND TO PROVIDE FOR ARREST AND CONFINEMENT OF THE ACCUSED PENDING COURT- 23 MARTIAL; AMENDING SECTION 46-1110, IDAHO CODE, TO REDESIGNATE THE SECTION 24 AND PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 46-1111, IDAHO CODE, TO 25 REDESIGNATE THE SECTION AND TO PROVIDE THE PUNISHMENTS WHICH A GENERAL 26 COURT-MARTIAL MAY ADJUDGE; AMENDING SECTION 46-1112, IDAHO CODE, TO REDES- 27 IGNATE THE SECTION, TO SPECIFY THE JURISDICTION OF SPECIAL COURTS-MARTIAL 28 AND TO PROVIDE THE PUNISHMENTS WHICH A SPECIAL COURT-MARTIAL MAY ADJUDGE; 29 AMENDING SECTION 46-1113, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PRO- 30 VIDE CORRECT TERMINOLOGY AND TO SPECIFY COMMANDING OFFICERS WHO MAY CON- 31 VENE SPECIAL COURTS-MARTIAL; AMENDING SECTION 46-1114, IDAHO CODE, TO 32 REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO SPECIFY WHO 33 MAY BE DETAILED AS MEMBERS OF A COURT-MARTIAL AND TO MAKE TECHNICAL COR- 34 RECTIONS; AMENDING SECTION 46-1115, IDAHO CODE, TO REDESIGNATE THE SEC- 35 TION, TO PROVIDE WHO MAY BE MILITARY JUDGES AND TO MAKE TECHNICAL CORREC- 36 TIONS; AMENDING SECTION 46-1116, IDAHO CODE, TO REDESIGNATE THE SECTION, 37 TO DELETE OBSOLETE LANGUAGE, TO PROVIDE CORRECT REFERENCES AND TO MAKE 38 TECHNICAL CORRECTIONS; AMENDING SECTION 46-1117, IDAHO CODE, TO REDESIG- 39 NATE THE SECTION; AMENDING SECTION 46-1118, IDAHO CODE, TO REDESIGNATE THE 40 SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; 41 AMENDING SECTIONS 46-1119 AND 46-1120, IDAHO CODE, TO REDESIGNATE THE SEC- 42 TIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1121, IDAHO 43 CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO PRO- 44 VIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 45 SECTION 46-1122, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 46 46-1123, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE A CORRECT CODE 2 1 REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1124, 2 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE THAT CHARGES MUST BE 3 SERVED ON THE ACCUSED THIRTY DAYS PRIOR TO TRIAL; AMENDING SECTION 4 46-1125, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 46-1126, 5 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND 6 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1127, IDAHO CODE, TO 7 REDESIGNATE THE SECTION, TO PROVIDE THAT THE ACCUSED MAY BE REPRESENTED BY 8 CIVILIAN COUNSEL AT HIS OWN EXPENSE, TO PROVIDE A CORRECT CODE REFERENCE 9 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1128, IDAHO CODE, 10 TO REDESIGNATE THE SECTION, TO DELETE A CODE REFERENCE AND TO MAKE TECHNI- 11 CAL CORRECTIONS; AMENDING SECTION 46-1129, IDAHO CODE, TO REDESIGNATE THE 12 SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1130, IDAHO 13 CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR PEREMPTORY CHALLENGES; 14 AMENDING SECTION 46-1131, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 15 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1132, IDAHO CODE, TO 16 REDESIGNATE THE SECTION, TO PROVIDE THE TIME LIMITATIONS WITHIN WHICH A 17 PERSON MAY BE TRIED AND PUNISHED FOR SPECIFIED OFFENSES, TO PROVIDE WHEN 18 THE STATUTE OF LIMITATIONS IS TOLLED AND TO MAKE TECHNICAL CORRECTIONS; 19 AMENDING SECTION 46-1133, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 20 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1134, IDAHO CODE, TO 21 REDESIGNATE THE SECTION, TO PROVIDE PROPER NOMENCLATURE AND TO MAKE TECH- 22 NICAL CORRECTIONS; AMENDING SECTION 46-1135, IDAHO CODE, TO REDESIGNATE 23 THE SECTION, TO PROVIDE THE PROCEDURES FOR PRETRIAL DISCOVERY, TO PROVIDE 24 CORRECT CODE REFERENCES, TO PERMIT DISCOVERY OF CERTAIN STATEMENTS AND TO 25 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1136, IDAHO CODE, TO 26 REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECH- 27 NICAL CORRECTIONS; AMENDING SECTION 46-1137, IDAHO CODE, TO REDESIGNATE 28 THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE THE PUNISHMENT FOR 29 THE FAILURE OF PERSONS NOT SUBJECT TO THE CODE TO APPEAR OR PRODUCE EVI- 30 DENCE PURSUANT TO A SUBPOENA AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 31 SECTION 46-1138, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THE 32 PUNISHMENT FOR CONTEMPT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 33 TION 46-1139, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THE PRO- 34 CEDURES FOR TAKING DEPOSITIONS, TO AUTHORIZE THE TAKING OF A DEPOSITION 35 BEFORE AN OFFICER AUTHORIZED BY FEDERAL LAW TO ADMINISTER OATHS AND TO 36 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1141, IDAHO CODE, TO 37 REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 38 TION 46-1142, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THE VOTES 39 REQUIRED TO CONVICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 40 46-1143, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 46-1144, 41 IDAHO CODE, TO REDESIGNATE THE SECTION, TO REQUIRE A SUMMARIZED OR VERBA- 42 TIM TRANSCRIPT OF THE RECORD OF TRIAL, TO PROVIDE WHEN THE RECORD IS 43 DEEMED SETTLED AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 44 46-1145, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI- 45 NOLOGY, TO REQUIRE A VERBATIM RECORD FOR A DISHONORABLE DISCHARGE, BAD 46 CONDUCT DISCHARGE OR DISMISSAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 47 SECTION 46-1148, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE THE 48 PROCEDURE IF THE SENTENCE INCLUDES CONFINEMENT; AMENDING SECTION 46-1154, 49 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY, TO 50 PROVIDE FOR APPEAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 51 46-1155 AND 46-1158, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING 52 SECTION 46-1159, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECH- 53 NICAL CORRECTIONS; AMENDING SECTION 46-1160, IDAHO CODE, TO REDESIGNATE 54 THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORREC- 55 TIONS; AMENDING SECTION 46-1162, IDAHO CODE, TO REDESIGNATE THE SECTION, 3 1 TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THE EFFECT IF A PERSON IS 2 FOUND GUILTY OF A VIOLATION OF CIVIL LAW; AMENDING SECTIONS 46-1163, 3 46-1164 AND 46-1165, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING 4 SECTION 46-1166, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A 5 TECHNICAL CORRECTION; AMENDING SECTIONS 46-1167 AND 46-1168, IDAHO CODE, 6 TO REDESIGNATE THE SECTIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING 7 SECTION 46-1169, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE WHAT 8 CONSTITUTES DISRESPECTFUL BEHAVIOR AND TO INCLUDE WARRANT OFFICER; AMEND- 9 ING SECTION 46-1170, IDAHO CODE, TO REDESIGNATE THE SECTION, TO MAKE A 10 TECHNICAL CORRECTION AND TO INCLUDE WARRANT OFFICER WITHIN THE APPLICATION 11 OF THE SECTION; AMENDING SECTIONS 46-1171 AND 46-1172, IDAHO CODE, TO 12 REDESIGNATE THE SECTIONS; AMENDING SECTION 46-1173, IDAHO CODE, TO REDES- 13 IGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 14 46-1174, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROHIBIT OPERATION 15 OF A MILITARY VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION OF .08; AMENDING 16 SECTION 46-1175, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 17 46-1176, IDAHO CODE, TO REDESIGNATE THE SECTION, TO MAKE TECHNICAL CORREC- 18 TIONS AND TO PROVIDE THE APPLICATION OF THE SECTION; AMENDING SECTIONS 19 46-1177 AND 46-1178, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND TO MAKE 20 TECHNICAL CORRECTIONS; AMENDING SECTION 46-1179, IDAHO CODE, TO REDESIG- 21 NATE THE SECTION; AMENDING SECTION 46-1180, IDAHO CODE, TO REDESIGNATE THE 22 SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; 23 AMENDING SECTION 46-1181, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 24 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 46-1182, IDAHO CODE, TO 25 REDESIGNATE THE SECTION; AMENDING SECTION 46-1184, IDAHO CODE, TO REDES- 26 IGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 11, 27 TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-1172, IDAHO 28 CODE, TO PROVIDE FOR THE OFFENSE OF CONSPIRACY; AMENDING CHAPTER 11, TITLE 29 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-1173, IDAHO CODE, TO 30 PROVIDE FOR THE OFFENSE OF SOLICITATION; AMENDING CHAPTER 11, TITLE 46, 31 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-1174, IDAHO CODE, TO PRO- 32 VIDE FOR THE OFFENSES OF RESISTANCE, BREACH OF ARREST AND ESCAPE; AMENDING 33 CHAPTER 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34 46-1175, IDAHO CODE, TO PROVIDE FOR THE OFFENSE OF RELEASING A PRISONER 35 WITHOUT PROPER AUTHORITY; AMENDING CHAPTER 11, TITLE 46, IDAHO CODE, BY 36 THE ADDITION OF A NEW SECTION 46-1176, IDAHO CODE, TO PROVIDE FOR THE 37 OFFENSE OF UNLAWFUL DETENTION; AMENDING CHAPTER 11, TITLE 46, IDAHO CODE, 38 BY THE ADDITION OF A NEW SECTION 46-1177, IDAHO CODE, TO PROVIDE FOR THE 39 OFFENSES OF WRONGFUL USE, POSSESSION, MANUFACTURE OR DISTRIBUTION OF CON- 40 TROLLED SUBSTANCES AND TO SPECIFY CONTROLLED SUBSTANCES; AMENDING CHAPTER 41 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-1178, IDAHO 42 CODE, TO PROVIDE FOR THE OFFENSES OF FRAUDS AGAINST THE GOVERNMENT; AMEND- 43 ING CHAPTER 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 44 46-1179, IDAHO CODE, TO PROVIDE FOR THE OFFENSE OF AIDING THE ENEMY; 45 AMENDING CHAPTER 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 46 TION 46-1180, IDAHO CODE, TO PROVIDE FOR THE OFFENSE OF CONDUCT UNBECOMING 47 AN OFFICER; AMENDING CHAPTER 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF 48 A NEW SECTION 46-1181, IDAHO CODE, TO PROVIDE ADDITIONAL OFFENSES FOR 49 WHICH A PERSON MAY BE SUBJECT TO COURT-MARTIAL; AMENDING SECTION 46-1187, 50 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE PROPER TERMINOLOGY; 51 AMENDING SECTION 46-1191, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING 52 SECTION 46-1192, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR 53 PAYMENT OF EXPENSES TO ADMINISTER THE PROVISIONS OF THE CHAPTER; AMENDING 54 SECTION 46-1193, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 55 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-1186, IDAHO 4 1 CODE, TO PROVIDE THAT PERSONS ACTING UNDER THE PROVISIONS OF THE CHAPTER 2 SHALL BE IMMUNE FROM PERSONAL LIABILITY; REPEALING SECTION 46-1194, IDAHO 3 CODE; AND AMENDING CHAPTER 11, TITLE 46, IDAHO CODE, BY THE ADDITION OF A 4 NEW SECTION 46-1187, IDAHO CODE, TO PROVIDE SEVERABILITY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 46-1103, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 46-11032 . DEFINITIONS. The definitions used in 9 the command, administration, supply, training, discipline and employment of 10 the armed forces of the United States, unless clearly inapplicable or contra- 11 dictory, are adopted with respect to the Idahonational guard12 military except as otherwise provided in this act. As used in 13 this act: 14 (a1 ) "Idaho military" and "M15m ilitary" refers to all components of the Idaho national 16 guard and the militia of the state of Idaho, as defined in section 17 46-103, Idaho Code . 18 (b2 ) "Idaho national guard" means both the 19 Idaho army national guard and the Idaho air national guard. 20 (c3 ) "In federal service" and "not in federal 21 service" mean the same as those terms are used and construed in federal laws 22 and regulations. 23 (d4 ) "Officer" means both a commissioned offi- 24 cer and a warrant officer of the Idaho military , unless a dis- 25 tinction between commissioned officer and warrant officer is clearly evident. 26 (e5 ) "Superior officer" means an officer supe- 27 rior in rank or command. 28 (f6 ) "Enlisted person" means any person who is 29 serving in an enlisted grade in anyforceunit of 30 the Idahonational guardmilitary . 31 (g7 ) "Military court" means a court-martial. 32 (h8 ) "Commanding officer" means a commissioned 33 officer or warrant officer who is in command of any unit of the Idaho 34 military other than a platoon. 35 (i9 ) "Command" means any unit of the 36 Idaho military other than a platoon. 37 (j10 ) "Legal officer" means any legally trained 38 commissioned officer of the Idaho national guard who is certified by the39statejudge advocate general of his respective service to 40 perform legal dutiesunder this codein the military 41 . 42 (k11 ) "Duty status" includes periods when a 43 military member is on duty or is lawfully ordered to duty. 44 (l12 ) "Accuser" means a person who signs and 45 swears to charges, any person who directs that charges nominally be signed and 46 sworn to by another, and any person who has an interest other than an official 47 interest in the prosecution of the accused. 48 (m13 ) "Convening authority" includes, in addi- 49 tion to the person who convened the court, a commissioned officercom-50manding for the time being,acting in the capacity of the conven- 51 ing authority, even if in a temporary status, or a successor in com- 52 mand. 5 1 (n14 ) "May" is used in a permissive sense. The 2 words "no person may ...." mean that no person is required, authorized, or 3 permitted to do the act prescribed. 4 (o15 ) "Shall" is used in a mandatory sense. 5 (p16 ) "Code" means this chapter. 6 (q17 ) "Arrest" is the taking of a person into 7 custody. 8 (18) "Military judge" means that individual, either military or 9 civilian, appointed pursuant to section 46-1114(2), Idaho Code, to preside 10 over courts-martial or to perform other judicial duties under this chapter. 11 (19) "Manual for courts-martial" means that document prescribed by Presi- 12 dential Executive Order 12473, August 1, 1984; as currently amended (1995 Edi- 13 tion). 14 (20) "Uniform code of military justice" means 10 U.S.C. section 801, et 15 seq., as amended. 16 (21) "Enemy" includes organized armed forces of a party hostile to the 17 state or the United States in time of war, any hostile body that the forces of 18 the state or the United States may be opposing, such as a rebellious mob or a 19 band of renegades, and includes civilians as well as members of military orga- 20 nizations. 21 SECTION 2. That Section 46-1104, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 46-11043 . PERSONS SUBJECT TO THE CODE. The 24 IdahoCc ode ofMm ilitary 25Jj ustice applies to all members of the Idaho26national guardmilitary not in federal service when they 27 are in or lawfully ordered to be in a duty status and to 28 all members of the military forces of any other state when in or ordered to be 29 in a duty status while they are assigned or attached to any command within the 30 Idaho military, unless jurisdiction has been exclusively reserved by the other 31 state's general court-martial convening authority, and at any time any of the 32 aforesaid members engage in activities which tend to bring discredit upon the 33 Idaho national guard or disrupt the good order and discipline thereof . 34 SECTION 3. That Section 46-1105, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 46-11054 . APPLICATION OF CODE -- ALL PLACES 37 WITHIN STATE -- PERSONS SERVING OUTSIDE THE STATE -- WHEN JURISDICTION 38 ATTACHES -- VENUE . (a1 ) This code shall 39 be applicable in all places within the state. It shall also apply to all per- 40 sons subject to this code while serving outside the state and while going to 41 and returning from such service outside the state in like manner and to the 42 same extent as when such persons are serving within the state. 43 (b2 ) Courts-martial may be convened and held in 44 units of the Idahonational guardmilitary while 45 serving outside the state with the same jurisdiction and powers as if held 46 within the state, and offenses committed outside the state may be tried and 47 punished either within the state or outside the state. 48 (c3 ) Court-martial jurisdictionover an49accused for any offenseattaches only upon the preferral of charges 50 pursuant to the provisions of section 46-11198 , 51 Idaho Code, for an offense punishable under this code which occurred during a 6 1 period whenan accuseda person subject to the code 2 was ordered to or did actually perform duty with the Idahonational3guardmilitary under state or federal law. Once jurisdic- 4 tion is properly attached, the convening and holding of a court-martial may be 5 accomplished at any subsequentperiod of authorized duty6 time, subject to the limitations of section 46-1131, Idaho Code . 7 (4) Venue for a court-martial shall be determined by the convening 8 authority, considering factors including, but not limited to, location of the 9 offense, residence of the accused, unit of assignment and availability of wit- 10 nesses. An accused is not relieved from amenability to this code for an 11 offense to which jurisdiction has properly attached by virtue of his separa- 12 tion or transfer from the Idaho military after the date of the alleged 13 offense, and such an accused shall, from the time of apprehension or the ser- 14 vice of charges required by section 46-1123, Idaho Code, whichever occurs 15 first, be subject to this code and trial by court-martial on that charge and 16 for any other offenses committed while awaiting trial or completing any sen- 17 tence imposed for that offense. 18 SECTION 4. That Section 46-1106, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 46-11065 . JURISDICTION TO TRY PERSONS WHO 21 FRAUDULENTLY OBTAINED DISCHARGE. Each person discharged from the Idaho22national guardmilitary who is later charged with having 23 fraudulently obtained his discharge is, subject to the applicable statute of 24 limitations, subject to trial by court-martial on that charge and is, after 25 apprehension or the service of charges required by section 46-1123, 26 Idaho Code, whichever occurs first , subject to this codewhile27in the custody of the militaryfor that trial.Upon conviction of28that charge he is subject to trial by court-martial for all offenses under29this code committed before the fraudulent discharge.30 SECTION 5. That Section 46-1107, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 46-11076 . CONCURRENT JURISDICTION OF 33 CIVIL COURTS, MILITARY COMMISSIONS, BOARDS, OR OTHER MILITARY TRIBU- 34 NALS. The provisions of this act conferring jurisdiction upon courts-martial 35 shallnotneither bar nor be construed as depriving 36 civil courts, military commissions, boards,orother 37 military tribunals or other administrative actions, civil or military, 38 of concurrent jurisdiction. 39 SECTION 6. That Section 46-1108, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 46-11087 . COMMANDING OFFICER'S NONJUDICIAL PUN- 42 ISHMENT. (a1 ) Any commanding officer , not nec- 43 essarily the accused's immediate commanding officer, may, in addition 44 to or in lieu of admonition or reprimand, impose one (1) or more 45 of the following disciplinary punishments for minor offenses punishable 46 under this code, without the intervention of a court-martial. 47 (1a )uU pon officers 48 of his command: 49 (Ai )rR 7 1 estriction to certain specified limits, with or without suspen- 2 sion from duty, for not more than seven (7) consecutive duty 3 days during any period or periods of duty; 4 (Bii )iI f 5 imposed by a general officer: 6(i)1.rR 7 estriction to quarters for not more than seven (7) consec- 8 utive duty days during any period or periods 9 of duty; 10(ii)2.rR 11 estriction to certain specified limits, with or without 12 suspension from duty, for not more than fourteen (14) duty 13 days during any period or periods of duty; 14 3. Fine, not to exceed two hundred dollars ($200). 15 (2b )uU pon other per- 16 sonnel of his command: 17 (Ai )rR eduction 18 to the next inferior grade, if the grade from which demoted is within 19 the promotion authority of the officer imposing the reduction or any 20 officer subordinate to the one who imposes the reduction; 21 (Bii )eE xtra 22 duties, including fatigue or other duties for not more than23fourteen (14)seven (7) consecutive duty 24 days during any period or periods of duty; 25 (Ciii )rR 26 estriction to certain specified limits, with or without suspen- 27 sion from duty for not more thanfourteen (14)28 seven (7) consecutive duty days during any period or 29 periods of duty; 30 (Div ) Fine, not to exceed seventy- 31 five dollars ($75.00); 32 (v)iI f imposed by a commander of 33 thegraderank of major or above: 34(i)1.rR 35 eduction to the lowest or any intermediate pay grade, if 36 the grade from which demoted is within the promotion authority 37 of the officer imposing the reduction, but an enlisted member 38 above the grade of E-4 may not be reduced more than two (2) 39 grades; 40(ii)2.eE 41 xtra duties, including fatigue or other duties, for not 42 more thanseven (7)fourteen (14) con- 43 secutive duty days during any period or 44 periods of duty; 45(iii)3.rR 46 estriction to certain specified limits, with or without 47 suspension from duty, for not more than fourteen (14) consecu- 48 tive duty days during any period or periods 49 of duty ; 50 4. Fine, not to exceed one hundred dollars ($100) . 51 No two (2) or more of the punishments of extra duties and restrictions may be 52 combined to run consecutively in the maximum amount imposable for each. When- 53 ever any of those punishments are combined to run consecutively, there must be 54 an apportionment so that the total period for both punishments will not 55 exceed the maximum imposable for either punishment . 8 1 (b2 ) The member shall be given written notifi- 2 cation of a commander's intention to impose punishment under this sec- 3 tion and an opportunity to make a personal presentation to the commander pro- 4 posing to impose the punishmentimposedprior to 5 imposition of punishment and of his right to appeal withinforty-6eight (48) hourstwo (2) duty days to the next higher 7 authority. 8 (c3 ) The officer who imposes the punishment 9 authorized in subsection (a1 ) of this section, or 10 his successor in command, may, at any time, suspend probationally any part or 11 amount of the unexecuted punishment imposed and may suspend probationally a 12 reduction in grade imposed under subsection (a1 ) of 13 this section, whether or not executed. In addition, he may, at any time, remit 14 or mitigate any part or amount of the unexecuted punishment imposed and may 15 set aside in whole or in part the punishment, whether executed or unexecuted, 16 and restore all rights and privileges affected. When mitigating extra duties 17 to restriction, the mitigated punishment shall not be for a greater period 18 than the punishmentmitigatedoriginally imposed . 19 (d4 ) A person punished under thislaw20section who considers his punishment unjust or dispropor- 21 tionate to the offense may appeal to the next higher authority by delivering 22 written notice of the appeal withinforty-eight (48) hours23 two (2) duty days after receipt of written notification of the punish- 24 ment. The appeal shall be promptly decided, but the person punished shall not 25 in the meantime be required to undergo the punishment adjudged. The higher 26 authority may exercise the same powers with respect to the punishment imposed 27 as may be exercised under subsection (c3 ) of 28 this section by the officer who imposed the punishment. 29 (e5 ) The imposition and enforcement of disci- 30 plinary punishment under this section for any act or omission shall not 31 be a bar to trial by court-martial for a serious offense growing out of 32 the same act or omission, and not properly punishable under this section 33 , but shall be considered in imposing any sentence for a court-martial convic- 34 tion arising out of the same act or omission . 35 (f6 ) All records of nonjudicial punishment 36 under this section shall be destroyed upon the termination of the person's 37 current period of enlistment or after two (2) years of honorable service 38 in the military without further disciplinary action under this section or a 39 conviction by court-martial, whichever occurs first . 40 (g7 ) The term "minor offenses," as used in this 41code, includes only thosesection, means any acts or 42 omissions constituting offenses under the punitive sections of this code 43 , unless deemed to be a serious offense by the convening authority . 44 SECTION 7. That Section 46-1109, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 46-11098 . ARREST. Arrest of members of the 47 Idahonational guardmilitary not in federal service 48 by members of the Idahonational guardmilitary 49 while acting in their military capacityas national50guardsmenis prohibited, except in the following circumstances: 51 (1) If any member of the Idahonational guardmilitary 52 fails or refuses to report to his appointed place of duty upon adequate 53 notice of an emergency declared by the governor, the commanding officer of the 9 1 member's unit is authorized to arrest such member or cause him to be arrested 2 and have him brought before the commanding officer at his unit headquarters. 3 If military personnel are not available for the purpose of making the arrest, 4 or if the commanding officer deems it advisable, he may issue a warrant , 5 based upon a finding that probable cause exists that the member has failed or 6 refused to report as ordered after receiving adequate notice of such order 7 during a declared emergency, to any sheriff or peace officer authorized 8 to serve such warrant in the same manner as other warrants of arrest and make 9 return thereof to the commanding officer issuing the warrant. 10 (2) If any member of the Idaho military has had charges preferred 11 against him under this code, and the convening authority to whom the charges 12 have been forwarded has found that probable cause exists that the offense was 13 committed by the accused and that the incarceration of the accused pending 14 court-martial is required because of special circumstances found to exist 15 which warrant such incarceration, then the convening authority is authorized 16 to arrest such member or cause him to be arrested and have him confined pend- 17 ing trial. If military personnel are not available for the purpose of making 18 the arrest, or if the convening authority deems it advisable, he may issue a 19 warrant to any sheriff or peace officer authorized to serve such warrant in 20 the same manner as other warrants of arrest, and said sheriff or peace officer 21 shall effect the arrest and hold the accused in the county jail of the county 22 in which the arrest is effected. The arresting officer shall return said war- 23 rant to the convening authority and notify him of the arrest and the location 24 of the arrestee so that the convening authority may further process the 25 charges against the accused. Upon receipt of the notification of arrest, the 26 commanding officer shall direct that the arrestee be retrieved and brought 27 before him within twenty-four (24) hours. 28 (3) If any member of the Idahonational guard29 military is accused of an offense against a civil authority, any other 30 member of the Idahonational guardmilitary may, on 31 request by a civil authority, arrest such accused member, but in such case, 32 immediate steps must be taken to deliver such member forthwith to the appro- 33 priate civil authorities. 34 SECTION 8. That Section 46-1110, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 46-1110 9 . TYPES OF COURTS-MARTIAL. In the Idaho 37national guardmilitary not in federal service, 38 there shall be two (2) types of courts-martial: 39 (1)gG eneral courts-martial, consisting of: 40 (a)aA military judge and not fewer than five 41 (5) members; or 42 (b)oO nly a military judge if, before the court 43 is assembled, the accused, knowing the identity of the military judge and 44 after consultation with defense counsel, requests in writing a court com- 45 posed only of a military judge; 46 (2)sS pecial courts-martial consisting of: 47 (a)aA military judge and not fewer than three 48 (3) members; or 49 (b)oO nly a military judge if before the court 50 is assembled the accused, knowing the identity of the military judge and 51 after consultation with defense counsel, requests in writing a court com- 52 posed only of a military judge. 10 1 SECTION 9. That Section 46-1111, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 46-11110 . JURISDICTION OF GENERAL 4 COURTS-MARTIAL. Each command of the Idahonational guard5 military has court-martial jurisdiction over all persons subject to 6 this code. 7 General courts-martial have jurisdiction to try persons subject to this 8 code for any offense made punishable by this code and may adjudge any of the 9 following punishments: 10 (1)rR eprimand; 11 (2)fF ine of not more than two hundred dollars 12 ($200); 13 (3)fF orfeiture of all pay and 14 allowances ;not to exceed two hundred dollars ($200) in15lieu of fine;16 (4)dD ismissal, bad conduct discharge, or 17 dishonorable discharge, or discharge under other than honorable18conditions; 19 (5)rR eduction in rank of an enlistedman20member to the lowest enlisted grade; or 21 (6) Confinement in lieu of fine of not more that one hundred (100) 22 days; or 23 (7) Aany combination of the above. 24 SECTION 10. That Section 46-1112, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 46-11121 . JURISDICTION OF SPECIAL COURTS-MAR- 27 TIAL.(a) Subject to section 46-1111, Idaho Code, sS 28 pecial courts-martial have jurisdiction to try persons subject to this 29 code , other than commissioned or warrant officers, for any 30 offense for which they may be punished under this code and may adjudge any of 31 the following punishments: 32 (1)rR eprimand; 33 (2)fF ine of not more than one hundred dollars 34 ($100); 35 (3)fF orfeiture of all pay and 36 allowances ;not to exceed one hundred dollars ($100) in37lieu of a fine;38 (4)rR eduction in rank of an enlisted man by 39 not more than two (2) grades; 40 (5)dismissal, dishonorable discharge, or discharge under other41than honorable conditions; orBad conduct discharge; 42 (6) Confinement in lieu of fine of not more than one hundred (100) 43 days; or 44 (7) Aany combination of the above. 45(b) A special court-martial may not try a commissioned or warrant46officer.47 SECTION 11. That Section 46-1113, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 46-11132 . CONVENING OF GENERAL AND SPECIAL 50 COURTS-MARTIAL. (1) In the Idahonational guard11 1 military not inthefederal service, general courts- 2 martial may be convened bythe president of the United States or3 the governor. The governor may, aftercoveningconvening 4 a general court-martial, delegate to the adjutant general authority to 5 take any or all further actions which the convening authority can take under 6 this code. 7 (2) In the Idahonational guardmilitary 8 not inthefederal service, special courts-martial may be 9 convened by the commanding officer of a garrison, fort, post, camp, air 10 base, auxiliary air base, or other place where Idaho military troops are on 11 duty, or of a brigade, regiment, wing, group, detached battalion, 12 separate squadron, wing,or equivalent detached 13 command, or any superior authority. 14 SECTION 12. That Section 46-1114, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 46-11143 . COMPOSITION OF COURTS-MARTIAL. (17a1 ) Any commissioned officer in the Idahonational18guardmilitary is eligible to serve on all courts-martial 19 for the trial of any person who may lawfully be brought before such courts for 20 trial. 21 (b2 ) Any warrant officer in the Idaho22national guardmilitary is eligible to serve on courts- 23 martial for the trial of any person, other than a commissioned officer, who 24 may lawfully be brought before such courts for trial. 25 (c3 ) (1a ) Any 26 enlisted member who is not a member of the same unit as the accused is 27 eligible to serve on courts-martial for the trial of any enlisted member 28 who may lawfully be brought before such courts for trial, but he shall 29 serve as a member of a court only if, before the court is assembled for 30 the trial of the accused, the accused personally has requested in writing 31 that enlisted members serve on it. After such a request, the accused may 32 not be tried by a court-martial the membership of which does not include 33 enlisted members in a number comprising at least one-third (1/3) of the 34 total membership of the court. 35 (2b ) In this section, the word "unit" means any 36 regularly organized body not larger than a company or equivalent size 37 organization. 38 (d4 ) (1a ) When it can 39 be avoided, no person may be tried by a court-martial any member of which 40 is junior to him in rank or grade. 41 (2b ) When convening a court-martial, the con- 42 vening authority shall detail as members thereof such members of the Idaho 43national guardmilitary who are of the same service and 44 component as the accused, e.g., Idaho army national guard, as, in 45 his opinion, are best qualified for the duty by reason of age, education, 46 training, experience, length of service, and judicial temperament. No per- 47 son is eligible to serve as a member of a court-martial when he is the 48 accuser or a witnessfor the prosecutionor has acted as 49 investigating officer or as counsel in the same case. 50 SECTION 13. That Section 46-1115, Idaho Code, be, and the same is hereby 51 amended to read as follows: 12 1 46-11154 . MILITARY JUDGES. (a2 1 ) The authority convening a general or special court-martial shall 3 detail a military judge to preside over each open session of the court-mar- 4 tial. The military judge shall: 5 (1a )rR ule finally on 6 all matters of law; 7 (2b )rR ule finally on 8 all motions; and 9 (3c )eE xcept as 10 otherwise provided, decide all other questions raised at the trial of the 11 accused. 12 (b2 ) A military judge shall be : 13 (a) Aacommissioned officer who is a member of 14 the bar of this state or a member of the bar of a federal court, and who 15 isselected for such duty by the state judge advocate16 or has been certified or recognized as a military judge by any branch of 17 the armed forces and appointed to those duties by the adjutant general, to 18 be compensated at the equivalent rate for his military grade from the gen- 19 eral fund; or 20 (b) Any magistrate or district court judge of the state of Idaho, cur- 21 rently sitting or retired, who is a member of the bar of this state and 22 who has been appointed to act as a military judge in Idaho by the Idaho 23 supreme court upon the written request of the adjutant general, to be com- 24 pensated in an amount determined by the Idaho supreme court from the gen- 25 eral fund . 26 (c3 ) No person is eligible to act as a military 27 judge in a case if he is the accuser, a witness ,for the28prosecution,a counsel, or has acted as investigating officer in the 29 same case. 30 SECTION 14. That Section 46-1116, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 46-11165 . DETAIL OF TRIAL COUNSEL AND DEFENSE 33 COUNSEL. (a1 ) For each general and special court- 34 martial the convening authority shall detail trial counsel and defense counsel 35 and such assistants as he considers appropriate. No person who has acted as 36 investigating officer, military judge, or court member in any case may act 37 later as trial counsel or assistant trial counsel in the same case. No person 38 who has acted for the prosecution may later act in the same case for the 39 defense or vice versa. 40 (b2 ) Trial counsel and defense counsel detailed 41 for a court-martial must be: 42 (1a ) Members of the bar of this state, or43members of the bar of a federal court; and 44 (2b ) Certified as competent to perform such 45 duties by thestateconvening authority's staff 46 judge advocate or legal counsel . 47 SECTION 15. That Section 46-1117, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 46-11176 . DETAIL OR EMPLOYMENT OF REPORTERS AND 50 INTERPRETERS. The convening authority of a court-martial shall detail or 51 employ a reporter who shall record the proceedings of the court. The convening 13 1 authority of a military court may, if he deems it necessary, detail or employ 2 interpreters who shall interpret for the court. 3 SECTION 16. That Section 46-1118, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 46-11187 . ABSENT AND ADDITIONAL MEMBERS. (6a1 ) No member of a court-martial shall be absent or 7 excused after the court has been assembled for the trial of the accused except 8 for a physical disability, as a result of a challenge, or by order of the con- 9 vening authority for a good cause. 10 (b2 ) A general court-martial shall be composed 11 of at least five (5) members and at least one (1) alternate member. 12 (c3 ) A special court-martial shall be composed 13 of at least three (3) members and at least one (1) alternate member. 14 (d4 ) If the military judge of a court-martial 15 composed of a military judge only is unable to proceed with the trial because 16 of physical disability, as a result of a challenge, or for other good cause, 17 the trial shall proceed after the detail of a new military judge as if no evi- 18 dence had previously been introduced, unless a verbatim record of the evidence 19 had previously been introduced or a stipulationthereofto 20 its use is read in court in the presence of the new military judge, the 21 accused, and counsel for both sides, and such is consented to by the accused 22 and both trial and defense counsel. If not consented to, the con- 23 vening authority may order a new trial. 24 SECTION 17. That Section 46-1119, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 46-11198 . PREFERRAL OF CHARGES. (a271 ) Any person subject to this code may prefer charges, even 28 if he is under charges, in arrest, or in confinement. 29 (b2 ) A person subject to this code cannot be 30 ordered to prefer charges to which he is unable truthfully to make the 31 required oath on his own responsibility. 32 (c3 ) A person preferring charges shall sign 33 such charges under oath before a commissioned officer or before any person 34 authorized under the laws of the state of Idaho to administer oaths, and shall 35 state: 36 (1a )tT hat the signer 37 has personal knowledge of or has investigated the matters set forth 38 therein; and 39 (2b )tT hat they are 40 true in fact to the best of his knowledge and belief. 41 (d4 ) Upon the preferring of charges, the proper 42 authority shall take immediate steps to determine what disposition should be 43 made thereof in the interest of justice and discipline, and the person accused 44 shall be informed of the charges against him as soon as possible. 45 SECTION 18. That Section 46-1120, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 46-112019 . COMPULSORY SELF-INCRIMINATION PRO- 48 HIBITED. (a1 ) No person subject to this code may 49 compel any person to incriminate himself or to answer any question the answer 14 1 to which may tend to incriminate him. 2 (b2 ) No person subject to this code may inter- 3 rogate, or request any statement from, an accused or a person suspected of an 4 offense without first informing him of the nature of the accusation and advis- 5 ing him that he does not have to make any statement regarding the offense of 6 which he is accused or suspected and that any statement made by him may be 7 used as evidence against him in a trial by court-martial, that he has a right 8 to consult with a lawyer, that he has a right to have a lawyer present during 9 questioning, that he has a right to request a lawyer and that upon his request 10 one will be provided him without cost or, if he prefers, that he may retain 11 counsel of his choice at his own expense. 12 (c3 ) No person subject to this code may compel 13 any person to make a statement or produce evidence before any court-martial if 14 the statement or evidence is not material to the issue and may tend to incrim- 15 inate him. 16 (d4 ) No statement obtained from any person in 17 violation of this section, or through the use of coercion, unlawful influence, 18 or unlawful inducement may be received in evidence against him in a trial by 19 court-martial. 20 (e5 ) The requirements of this section are bind- 21 ing on all persons administering this code, but failure to follow them does 22 not divest a military court of jurisdiction. 23 SECTION 19. That Section 46-1121, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 46-11210 . INVESTIGATION. (a1 26 ) No charge or specification shall be referred to any court-martial for 27 trial until a thorough and impartial investigation of all the matters set 28 forth therein has been made. The convening authority will appoint an investi- 29 gating officer. The investigating officer shall ascertain and impartially 30 weigh all available facts in arriving at his conclusions. The investigating 31 officer will submit a formal report to thestateconvening 32 authority's staff judge advocate or legal counsel . This 33 report will include, but need not be limited to, the following: 34 (1a ) A statement of the name, organization or 35 address of counsel, and information as to the presence or absence of coun- 36 sel throughout the proceedings in all cases in which counsel has been 37 requested by the accused. 38 (2b ) A statement of the substance of the testi- 39 mony taken on both sides, including any stipulated facts, a copy of which 40 shall be provided to the accused. 41 (3c ) Any other statements, documents, or mat- 42 ters considered by him in reaching his conclusions or making his recommen- 43 dations, or recitals of the substance or nature of these items. 44 (4d ) A statement of any reasonable ground for 45 the belief that the accused is, or was at the time of an offense, mentally 46 defective, deranged, or abnormal. 47 (5e ) A statement as to whether essential wit- 48 nesses will be available in the event of trial. If essential witnesses 49 will not be available, the reasons for nonavailability will be stated. 50 (b2 ) Thestatereviewing 51 staff judge advocate or legal counsel will review the 52 report for legal sufficiency and forward the report with his recommendations 53 to thecoveningconvening authority. 15 1 (c3 ) At the outset of the investigation, the 2 accused will be informed of the following: 3 (1a ) The offense charged against him; 4 (2b ) The name of the accuser and of the wit- 5 nesses against him as far as are then known by the investigating officer; 6 (3c ) The fact that charges are about to be 7 investigated; 8 (4d ) His right to counsel to represent him at 9 the investigation, if he so desires, including the several alternatives 10 available to him as set forth in section 46-111026 11 , Idaho Code; 12 (5e ) His right to have the investigating offi- 13 cer examine available witnesses requested by him; 14 (6f ) His right to make a statement in any form, 15 and further that, if he elects to make a statement in any form, it may be 16 used against him in a court-martial. 17 (d4 ) Unless he expressly and voluntarily states 18 that he does not desire counsel and that he is willing to make a 19 statement, he will not be interrogated until counsel is present. If, during 20 questioning, the accused declines to make any further statement or requests to 21 consult with counsel before answering further questions, then questioning 22 shall cease. 23 (e5 ) The requirements of this section are bind- 24 ing on all persons administering this code, but failure to follow them does 25 not divest a military court of jurisdiction. 26 SECTION 20. That Section 46-1122, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 46-11221 . FORWARDING OF CHARGES FOR GENERAL 29 COURT-MARTIAL. When a person is held for a trial by general court-martial, the 30 commanding officer shall, within a reasonable time, forward the charges 31 together with the investigation report to the convening authority. 32 SECTION 21. That Section 46-1123, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 46-11232 . REFERENCE FOR TRIAL -- CHANGING THE 35 CHARGE TO CONFORM TO EVIDENCE OR CORRECT DEFECTS. (a1 36 ) The convening authority may not refer any charge to a court-martial 37 for trial unless an investigating officer properly appointed pursuant to sec- 38 tion 46-11210 , Idaho Code, has found that the charge 39 alleges an offense under this code and is warranted by evidence indicated in 40 the report of the investigation. 41 (b2 ) If the charges or specifications are not 42 formally correct or do not conform to the substance of the evidence contained 43 in the report of the investigating officer, formal corrections and changes in 44 the charges and specification s needed to make them conform to the 45 evidence may be made. 46 SECTION 22. That Section 46-1124, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 46-11243 . SERVICE OF CHARGES. The trial counsel 49 to whom court-martial charges are referred for trial shall cause to be served 16 1 upon the accused a copy of the charges upon which trial is to be had at 2 least thirty (30) days prior to trial . 3 SECTION 23. That Section 46-1125, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 46-11254 . RULES OF EVIDENCE. TheM6m ilitaryRr ules ofE7e vidence prescribed by the president of the United States 8 shall apply in all cases tried under this code. 9 SECTION 24. That Section 46-1126, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 46-11265 . UNLAWFULLY INFLUENCING ACTION OF 12 COURT. (a1 ) No person subject to this code may cen- 13 sure, reprimand, or admonish the court or any member, military judge, or coun- 14 sel thereof, with respect to the findings or sentence adjudged by the court or 15 with respect to any other exercise of its or his functions in the conduct of 16 the proceeding. 17 (b2 ) No person subject to this code may attempt 18 to coerce or, by any unauthorized means, influence the action of a court-mar- 19 tial or any member thereof in reaching the findings or sentence on any case, 20 or the action of any convening, approving, or reviewing authority with respect 21 to his judicial acts. 22 (c3 ) In the preparation of an effectiveness, 23 fitness, or efficiency report or any other report or document used in whole or 24 in part for the purpose of determining whether a member of thenational25guardmilitary is qualified to be advanced in grade, or in 26 determining the assignment or transfer of a member or in determining whether a 27 member should be retained, no person subject to this code may, in preparing 28 such report : (1a ) consider or evaluate 29 performance of duty of any member as a member of a court-martial,30; or (2b ) give a less favorable 31 rating or evaluation of any member because of the zeal with which such member, 32 as counsel, represented any accused before a court-martial. This section shall 33 not apply to evaluations made bythe stateany staff 34 judge advocate on the performance of his personnel. 35 SECTION 25. That Section 46-1127, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 46-11276 . DUTIES OF TRIAL COUNSEL AND DEFENSE 38 COUNSEL. (a1 ) The trial counsel of a court-martial 39 shall prosecute in the name of the state, and shall, under the direction of 40 the court, prepare the record of the proceedings. 41 (b2 ) The accused has the right to be repre- 42 sented in his defense before a court-martial by civilian counsel if provided 43 by him at his own expense or by military counsel of his own 44 selection if reasonably available, or by the defense counsel detailed under 45 section 46-11165 , Idaho Code. Should the accused 46 have counsel of his own selection, the defense counsel, and assistant defense 47 counsel, if any, who were detailed, shall, if the accused so desires, act as 48 his associate counsel; otherwise they shall be excused. 17 1 SECTION 26. That Section 46-1128, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 46-11287 . SESSIONS. (a1 4 ) At any time after the service of charges which have been referred for 5 trial to a court-martial, the military judge may, subject to section646-1124, Idaho Code,call the court into session without the presence 7 of the members for the following purposes: 8 (1a ) Hearing and determining motions raising 9 defenses or objections which are capable of determination without trial of 10 the issues raised by a plea of not guilty; 11 (2b ) Hearing and ruling upon any matter which 12 may be ruled upon by the military judge under this code, whether or not 13 the matter is appropriate for later consideration or decision by the mem- 14 bers of the court; 15 (3c ) Holding the arraignment and receiving the 16 pleas of the accused; 17 (4d ) Performing any other procedural function 18 which may be performed by the military judge under this code or under 19 rules prescribed by the adjutant general and which does not require the 20 presence of the members of the court. 21 (b2 ) The proceedings described inpara-22graph (a)subsection (1) of this section shall be con- 23 ducted in the presence of the accused, the defense counsel, and the trial 24 counsel, and shall be made a part of the record. 25 (c3 ) When the members of a court-martial delib- 26 erate or vote, only the members may be present. 27 SECTION 27. That Section 46-1129, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 46-11298 . CONTINUANCES. The military judge may, 30 for reasonable cause, grant a continuance to any party for such time, and as 31 often, as may appear to be just. 32 SECTION 28. That Section 46-1130, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 46-113029 . CHALLENGES. (a1 35 ) The military judge and members of a court-martial may be challenged by 36 the accused or trial counsel for cause stated to the court. The military judge 37 shall determine the relevancy and validity of challenges for cause. Challenges 38 by trial counsel shallordinarilybe presented and decided before 39 those by the accused are offered. 40 (b2 ) Each accused is entitled to one (1) 41 peremptory challenge and the trial counsel is entitled to one (1) 42 peremptory challenge per defendant of court members in a court- 43 martial, but the military judge may not be challenged except for cause. 44 SECTION 29. That Section 46-1131, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 46-11310 . OATHS. (a1 ) 47 Before performing their respective duties, military judges, interpreters, mem- 48 bers of courts-martial, trial counsel, assistant trial counsel, defense coun- 18 1 sel, assistant defense counsel, and reporters shall take an oath or affirma- 2 tion in the presence of the accused to perform their duties faithfully. 3 (b2 ) All witnesses before military courts shall 4 be examined on oath or affirmation. 5 SECTION 30. That Section 46-1132, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 46-11321 . STATUTE OF LIMITATIONS. (a81 ) A person charged with desertion , absent without 9 leave during time of war or during an emergency declared by the governor, aid- 10 ing the enemy, mutiny, or fraudulent discharge,as defined by the11punitive articles of this code, is not liable to be tried by court-martial, or12punished, if the offense was committed more than three (3) years before the13receipt of sworn charges and specifications by an officer exercising court-14martial jurisdiction over the command, or before the imposition of punishment15under the nonjudicial punishment provisions of this codemay be 16 tried and punished at any time without limitation . 17 (b2 )Except as otherwise provided in sub-18section (a), aA person charged with any other 19 offense, as defined inunder this code,20 is not liable to be tried by court-martialor punished under section2146-1108, Idaho Code,if the offense was committed more thantwo22three (23 ) years before the 23 receipt of sworn charges and specifications by an officer exercising court- 24 martial jurisdiction over the command, or before the imposition of pun-25ishment under section 46-1108, Idaho Code. 26 (3) A person may not be punished under section 46-1107, Idaho Code, if 27 the offense was committed more than two (2) years before the imposition of 28 punishment under section 46-1107, Idaho Code. 29 (4) If a person is convicted of fraudulent discharge, the individual may 30 be tried at court-martial for all prior offenses committed under this code and 31 the statute of limitations for those offenses shall be tolled for the period 32 between the date of the fraudulent discharge and date of conviction for fraud- 33 ulent discharge. 34 (5) The statute of limitation set forth above, shall also be tolled under 35 the following circumstances: 36 (a) Periods in which the accused was absent from the state of Idaho, or 37 in the custody of civil authorities, or in the hands of the enemy; 38 (b) For an offense which is certified by the adjutant general to be det- 39 rimental to the prosecution of war or inimical to state or national secu- 40 rity, the period of limitation prescribed in this section is extended to 41 six (6) months after the termination of any hostilities proclaimed by the 42 president or by a joint resolution of congress; 43 (c) The statute of limitations applicable to any offense under this chap- 44 ter: 45 (i) Involving fraud or attempted fraud against the state of Idaho 46 or any agency thereof in any manner, whether by conspiracy or not; 47 (ii) Committed in connection with the acquisition, care, handling, 48 custody, control, or disposition of any real or personal property of 49 the state of Idaho or the United States; or 50 (iii) Committed in connection with the negotiation, procurement, per- 51 formance, payment, interim financing, cancellation, or other termina- 52 tion or settlement, of any contract, subcontract, or purchase order 53 which is connected with or related to the prosecution of war, or any 19 1 disposition of termination inventory by a defense contractor or gov- 2 ernmental agencies; 3 is tolled until three (3) years after the termination of hostilities pro- 4 claimed by the president or by a joint resolution of congress. 5 SECTION 31. That Section 46-1133, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 46-11332 . FORMER JEOPARDY. (1) No person may be 8 tried a second time in a court-martial for the same offense;9 . 10 (2) No person may be tried by court-martial for any offense if he has 11 been tried for substantially the same offense in any state court or in any 12 United States court;. 13 (3) No proceeding in which an accused has been found guilty by a court- 14 martial upon any charge is a trial in the sense of this article until the 15 finding of guilty has become final after review of the case and all available 16 appeals have been fully completed. 17 SECTION 32. That Section 46-1134, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 46-11343 . PLEAS OF ACCUSED. (a201 ) If an accused arraigned before a court-martial makes an 21 irregularpleadingplea , or after a plea of guilty 22 sets up matter inconsistent with his plea, or if it appears that he has 23 entered a plea of guilty improvidently or through lack of understanding of its 24 meaning and effect, or if he fails or refuses to plead, a plea of not guilty 25 shall be entered in the record, and the court shall proceed as though he had 26pleadedpled not guilty. 27 (b2 ) With respect to any charge or specifica- 28 tion to which a plea of guilty has been made by the accused and accepted by 29 the military judge, a finding of guilty of the charge or specification shall 30 be entered immediately. This finding shall constitute the finding of the court 31 unless the plea of guilty is withdrawn and such withdrawal is permitted by the 32 military judge prior to announcement of the sentence, in which event the pro- 33 ceeding shall continue as though the accused hadpleaded34 pled not guilty. 35 SECTION 33. That Section 46-1135, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 46-11354 . DISCOVERY. Pretrial discovery 38 for any court-martial shall be in accordance with the procedures for discovery 39 set out in the manual for courts-martial and this section. 40 (a1 ) At any session convened pursuant to section 41 46-11287 , Idaho Code, and for good cause shown at 42 trial, the military judge shall, upon a motion of the accused, order the trial 43 counsel to divulge to the accused, and, where necessary, permit the accused to 44 inspect, copy or photograph: 45 (1a ) Any statement made by the accused relevant 46 to the offense charged which is in the possession, custody or control of 47 the state, the existence of which is known or may become known to the 48 trial counsel by the exercise of due diligence; 49 (2b ) Written or recorded statements, or the 20 1 substance of an oral statement made by a coaccused, which the trial2counsel intends to offer into evidence at trial; 3 (3c ) The prior military record, as is then 4 available to the trial counsel, of the accused or of any coaccused; 5 (4d ) The names and current addresses, if known, 6 together with any relevant prior statement of all persons, civilian or 7 military, whom the trial counsel intends to call as witnesses at trial; 8 (5e ) The report of any nonjudicial or quasi- 9 judicial investigation conducted by the state relevant to the offense 10 charged unless the military judge finds, on good cause shown, that the 11 disclosure would be inimical to the state or national security; 12 (6f ) The results and reports of any physical or 13 mental examinations, or of scientific tests or experiments, made in con- 14 nection with the case, within the possession, custody, or control of the 15 trial counsel, the existence of which is known to the trial counsel, or 16 which may become known by the exercise of due diligence; and 17 (7g ) The report of the investigating officer 18 made pursuant to section 46-11210 , Idaho Code. 19 (b2 ) At any session convened pursuant to sec- 20 tion 46-11287 , Idaho Code, and, for good cause shown 21 at trial, the military judge may, upon a motion of the accused, order the 22 trial counsel to permit the accused to inspect, copy, or photograph books, 23 papers, documents, tangible objects, buildings, or places or copies or por- 24 tions thereof, which are within the possession, custody, or control of the 25 state, upon a showing that they are material to the preparation of the defense 26 and that the request is reasonable. If the relief requested hereunder is 27 granted, the military judge may, upon motion of the trial counsel, inspect, 28 copy, or photograph scientific or medical reports, books, papers, documents, 29 tangible objects, or copies or portions thereof which the accused intends to 30 introduce into evidence at trial, which are related to the discovery sought by 31 the accused and which are within the possession, custody, or control of the 32 defense upon a showing that they are material to the preparation of the 33 state's case and that the request is reasonable. 34 (c3 ) Notwithstanding any other provisions of 35 this section, the trial counsel shall disclose to the accused, as soon as it 36 is discovered, all material, exculpatory evidence actually known to the trial 37 counsel, whether or not a request for such evidence has been made by the 38 accused. 39 (d4 ) Except as provided in subsections (a401 ) and (c3 ) of this section, dis- 41 covery or inspection is not authorized of reports, memoranda or other internal 42 documents made by state agents in connection with the investigation or prose- 43 cution of the case, or to statements made by state witnesses or prospective 44 state witnesses to agents of the state except as provided in 18 USC sec. 3500. 45 (e5 ) The military judge in granting relief 46 under this article, shall, if necessary, specify the time, place, and manner 47 of making the discovery and inspection permitted, under such terms and condi- 48 tions as are just. 49 (f6 ) Whenever discovery is ordered or required 50 under this article, a continuing duty to disclose exists, and whenever a party 51 discovers additional material previously requested or ordered which is subject 52 to discovery or inspection, he shall promptly notify the other party or his 53 counsel and the military judge of the existence of such additional material. 54 In the event that either party fails to comply with this article or with an 55 order issued pursuant to this article, the military judge may grant a continu- 21 1 ance or prohibit the party from introducing into evidence the material not 2 disclosed or it may enter such other order, including dismissal of all 3 charges, as it deems just under the circumstances. 4 (g7 ) Upon a sufficient showing by either party 5 the military judge may at any time order that discovery or inspection be 6 denied, restricted or deferred, or make such other order as is appropriate. 7 SECTION 34. That Section 46-1136, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 46-11365 . OPPORTUNITY TO OBTAIN WITNESSES AND 10 OTHER EVIDENCE. (a1 ) Process issued in court-martial 11 cases to compel witnesses to appear and testify and to compel the production 12 of other evidence shall be the same as that which the courts of this state 13 having criminal jurisdiction may lawfully issue and shallrun14 apply to any part of the state and to any other state in which 15 the court-martial may be sitting. 16 (b2 ) (1a ) The author- 17 ity to issue orders to conduct searches and seizures of persons and prop- 18 erty subject to the provisions of this chapter in connection with any 19 offense prohibited by this code may be exercised by a military judge or by 20 a judge or magistrate of a district court of this state. 21 (2b ) No search or seizure of persons or prop- 22 erty shall be ordered except in writing upon probable cause supported by 23 written affidavits and particularly describing the person or place to be 24 searchedorand the person or thing to be 25 seized. 26 (3c ) Nothing in this code shall limit command- 27 ing officers in the exercise of their authority to conduct reasonable 28 searches and seizures pursuant to law or military regulation, whether 29 state or federal. 30 SECTION 35. That Section 46-1137, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 46-11376 . PROCESS -- MANDATES -- SUBPOENAS 33 DUCES TECUM -- ATTACHMENT OF WITNESSES AND BOOKS AND RECORDS -- FORM -- EXECU- 34 TION -- SERVICE WITHOUT CHARGE. (a1 ) Military courts 35 are empowered to issue all process and mandates necessary and proper to carry 36 into full effect the powers vested in such courts. Such courts shall have 37 power to issue subpoenas duces tecum and to enforce by attachment attendance 38 of witnesses, the accused, and production of books and records. 39 (b2 ) Such process and mandates may be issued by 40 the military judge of a court-martial and may be directed to any mili- 41 tary officer or peace officer as defined in the laws of this state. 42 (c3 ) It shall be the duty of all officers to 43 whom such process or mandates may be directed to execute the same and make 44 return of their acts thereunder according to the requirements of the same. 45 (d4 ) Any person not subject to this code who: 46 (1a )hH as been duly 47 subpoenaed to appear as a witness before a court-martial or before any 48 military or civil officer designated to take a deposition to be read in 49 evidence before such a court or board; 50 (2b )hH as been duly 51 paid or tendered the fees and mileage of a witness at the rates allowed to 22 1 witnesses attending the courts of the state of Idaho; and 2 (3c )wW illfully 3 neglects or refuses to appear, or refuses to qualify as a witness or to 4 testify or to produce any evidence which that person may have been legally 5 subpoenaed to produce; 6 commits an offense under this act and may be tried by complaint and informa- 7 tion in an Idaho district court, jurisdiction hereby being conferred upon 8 those courts for that purpose. Upon conviction, such a person shall be pun- 9 ished by a fine of not more thantwofive hundred 10 dollars ($25 00), or imprisonment for not more than 11 thirty (30) days , or both . The prosecuting attorney or the offi- 12 cer prosecuting for the state of Idaho in the district court shall, upon cer- 13 tification of the facts to him by the military judge, file an affidavit 14 against and prosecute any person violating this section. 15 SECTION 36. That Section 46-1138, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 46-11387 . CONTEMPTS. (a1 18 ) A military judge may punish for contempt any person subject to this 19 code who uses any disrespectful word, sign or gesture in its presence, or who 20 disturbs its proceedings by any riot or disorder. 21 (b2 ) Any person not subject to this code who 22 engages in conduct described in subsection (a1 ) of 23 this section, may be fined not more thantwofive 24 hundred dollars ($25 00) or imprisoned not more than 25 thirty (30) days , or both. Upon certification of the facts by the 26 military court to the prosecuting attorney of the county where the offense 27 occurred, the prosecuting attorney shall prosecute the accused in any court of 28 record, jurisdiction hereby being conferred upon such courts for this purpose. 29 SECTION 37. That Section 46-1139, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 46-11398 . DEPOSITIONS. Depositions may be 32 taken in accordance with the procedures set forth in the manual for courts- 33 martial and this section. 34 (a1 ) At any time after charges have been signed, 35 as provided in section 46-11198 , Idaho Code, any 36 party may take oral or written depositions unless the military judge or, if a 37 military judge has not yet been appointed, the convening authority forbids it 38 for good cause. If a deposition is to be taken before charges are referred for 39 trial, the convening authority shall designate trial and defense counsel for 40 the purpose of taking the deposition of any witness. 41 (b2 ) The party at whose instance a deposition 42 is to be taken shall give to every other party reasonable written notice of 43 the time and place for taking the deposition. 44 (c3 ) Depositions shall be taken before and 45 authenticated by any military or civil officer authorized by the laws of the 46 state or by the laws of the place where the deposition is taken or by 47 federal law to administer oaths. 48 (d4 ) A duly authenticated deposition taken upon 49 reasonable notice to the other parties, so far as otherwise admissible under 50 the rules of evidence, may be read into evidence before any court-martial, if 51 it appears: 23 1 (1a )tT hat the wit- 2 ness resides or is beyond the state in which the court-martial is ordered 3 to sit, or beyond the distance of one hundred (100) miles from the place 4 of trial or hearing. 5 (2b )tT hat the wit- 6 ness, by reason of death, age, sickness, bodily infirmity, imprisonment, 7 military necessity, nonamenability to process, or other reasonable cause, 8 is unable or refuses to appear and testify in person at the place of trial 9 or hearing; or 10 (3c )tT hat the pres- 11 ent whereabouts of the witness is unknown. 12 SECTION 38. That Section 46-1141, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 46-114139 . VOTING AND RULINGS. (a151 ) Voting by members of a general or special court-martial 16 on the findings and on the sentence shall be by secret written ballot. The 17 junior member of the court shall, in each case, count the votes. The count 18 shall be checked by the president, who shall forthwith announce the result of 19 the ballot to the members of the court. 20 (b2 ) The military judge shall rule upon all 21 questions of law and all interlocutory questions. Such ruling made by the mil- 22 itary judge upon any question of law or any interlocutory question , 23 other than the factual issue of mental responsibility of the 24 accused , is final and constitutes the ruling of the court. How- 25 ever, the military judge may change the ruling at any time during the trial. 26 (c3 ) Before a vote is taken on the findings, 27 the military judge shall, in the presence of the accused and counsel, instruct 28 the court as to the elements of the offense and charge the court: 29 (1a ) That the accused must be presumed to be 30 innocent until his guilt is established by legal and competent evidence 31 beyond a reasonable doubt; 32 (2b ) That in the case being considered, if 33 there is a reasonable doubt as to the guilt of the accused, the doubt must 34 be resolved in favor of the accused, and he must be acquitted; and 35 (3c ) That the burden of proof to establish the 36 guilt of the accused beyond a reasonable doubt is upon the state. 37 (d4 ) Subsections (a1 38 ), (b2 ), and (c3 ) of 39 this section do not apply to a court-martial composed of a military judge 40 only. The military judge of such a court-martial shall determine all questions 41 of law and fact arising during the proceedings and, if the accused is con- 42 victed, adjudge an appropriate sentence. The military judge of such a court- 43 martial shall make a general finding and in addition shall, on request, find 44 the facts specially. If an opinion or memorandum of decision is filed, it will 45 be sufficient if the findings of fact appear therein. 46 SECTION 39. That Section 46-1142, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 46-11420 . NUMBER OF VOTES REQUIRED. (a491 ) No person shall be convicted of any offense, except by 50 the concurrence oftwo-thirds (2/3)at least three-fourths 51 (3/4) of the members. 24 1 (b2 ) All sentences shall be determined by the 2 concurrence oftwo thirds (2/3)at least three-fourths 3 (3/4) of the members. 4 SECTION 40. That Section 46-1143, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 46-11431 . COURT TO ANNOUNCE ACTION. A court- 7 martial shall announce its findings and sentence to the parties as soon as 8 determined. 9 SECTION 41. That Section 46-1144, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 46-11442 . RECORD OF TRIAL. (a12 1 ) A court-martial shall keep a record , by summarized or verbatim 13 transcript, as may be ordered by the convening authority, of the pro- 14 ceedings in each case brought before it, and the record shall be authenticated 15 by the signature of the military judge. If the record cannot be authenticated 16 by the military judge by reason of his death, disability, or absence, it shall 17 be authenticated by the signature of the trial counsel or by that of a member 18 if the trial counsel is unable to authenticate it by reason of his death, dis- 19 ability, or absence. 20 (b2 ) A copy of the record of the proceedings of 21 a court-martial shall be given to the accused as soon as it is authenticated. 22 The record shall be deemed settled when authenticated, absent objection 23 made within twenty-one (21) days of receipt of the authenticated record by the 24 accused. 25 SECTION 42. That Section 46-1145, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 46-11453 . DISHONORABLE DISCHARGE, BAD 28 CONDUCT DISCHARGEUNDER LESS THAN HONORABLE CONDITIONSOR 29 DISMISSAL -- PROCEDURE. (a1 ) A dishonorable dis- 30 charge, bad conduct dischargeunder less than honorable31conditions,or dismissal may not be adjudged by any court-martial 32 unless a complete verbatim record of the proceedings and testi- 33 mony before the court has been made. 34 (b2 ) A sentence of dishonorable discharge 35 , bad conduct discharge or dismissal may not be executed until it is 36 approved by the governor. 37 SECTION 43. That Section 46-1148, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 46-11484 . EFFECTIVE DATE OF SENTENCES. Sen- 40 tences of courts-martial shall become effective on the date when all reviews 41 provided by this code have been completed. If the sentence includes con- 42 finement, the member shall be remanded to the custody of the sheriff of the 43 county wherein the member's military unit of assignment, or attachment, for 44 duty, is located; when the sentence becomes effective, for service of the 45 period of confinement to which the member has been sentenced. 46 SECTION 44. That Section 46-1154, Idaho Code, be, and the same is hereby 25 1 amended to read as follows: 2 46-1154 5 . REVIEW OF RECORD BYSTATE3STAFF JUDGE ADVOCATE -- APPEAL . (a41 ) The convening authority shall forward the record to 5the statehis staff judge advocate for review. 6 (b2 ) Thestatestaff 7 judge advocate shall review the record of trial in every case forwarded to him 8 for review as provided in this section. 9 (c3 ) Thestatestaff 10 judge advocate shall have authority to: 11 (1a ) Affirm only such findings of guilty, and 12 the sentence or such part or amount of the sentence as he finds correct in 13 law and fact and determines on the basis of the entire record should be 14 approved; 15 (2b ) Order a rehearing if he sets aside the 16 findings and sentence, except where the setting aside is based on lack of 17 sufficient evidence to support the findings; 18 (3c ) Order that the charges be dismissed if he 19 sets aside the findings and sentence based on lack of sufficient evidence 20 to support the findings. 21 (4) Following completion of the staff judge advocate's review a 22 copy will be provided to the defense and trial counsels and an aggrieved party 23 may appeal to the district court of the judicial district wherein the court- 24 martial was conducted within forty-two (42) days from the date of receipt of 25 such review. Such appeal shall be conducted in accordance with the Idaho crim- 26 inal rules governing appeals and this code. For courts-martial held outside 27 the state of Idaho, venue for appeal purposes shall be in the district court 28 of the fourth judicial district, Ada County, Idaho. 29 SECTION 45. That Section 46-1155, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 46-115546 . PREJUDICIAL ERROR. A finding or sen- 32 tence of a court-martial shall not be held incorrect on the ground of an error 33 of law unless the error materially prejudices the substantial rights of the 34 accused. 35 SECTION 46. That Section 46-1158, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 46-115847 . PETITION FOR NEW TRIAL -- NEWLY DIS- 38 COVERED EVIDENCE -- FRAUD. At any time within one (1) year after sentence is 39 imposed the accused may petition the adjutant general for a new trial on the 40 grounds of newly discovered evidence or fraud on the court-martial. 41 SECTION 47. That Section 46-1159, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 46-115948 . UNEXECUTED SENTENCE -- REMISSION -- 44 SUSPENSION. (a1 ) The governor or the adjutant gen- 45 eral may remit or suspend any part or amount of the unexecuted portion of any 46 sentence. 47 (b2 ) Administrative discharge. The governor or 48 the adjutant general may, for good cause, substitute an administrative form of 26 1 discharge for a discharge or dismissal executed in accordance with the sen- 2 tence of a court-martial. 3 SECTION 48. That Section 46-1160, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 46-116049 . RESTORATION. (a1 6 ) Under such regulations as may be prescribed pursuant to this act, all 7 rights, privileges, and property affected by an executed portion of a court- 8 martial sentence which has been set aside or disapproved, except an executed 9 dismissal or discharge, shall be restored unless a new trial or rehearing is 10 ordered and such executed portion is included in a sentence imposed upon the 11 accused by a new trial or rehearing. 12 (b2 ) Where a previously executed sentence of 13 dishonorable discharge or bad conduct dischargeunder less14than honorable conditionsis not sustainedonat 15 a new trial, the adjutant general shall substitute therefor a form of 16 honorable discharge authorized for administrative issuance unless the accused 17 is to serve out the remainder of his enlistment. 18 (c3 ) Where a previously executed sentence of 19 dismissal is not sustained on a new trial, the adjutant general shall substi- 20 tute therefor a form of honorable discharge authorized for administrative 21 issuance or the officer dismissed by such sentence may be reappointed by the 22 governor alone to such commissioned rank as in the opinion of the governor 23 such former officer would have attained had he not been dismissed. The reap- 24 pointment of such a former officer shall be made effective as of the date of 25 dismissal and he shall be carried on an unassigned list until a position 26 vacancy shall occur. All time between the dismissal and such reappointment 27 shall be considered as service for all state purposes. 28 SECTION 49. That Section 46-1162, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 46-116250 . OFFENSES SUBJECT TO COURT-MARTIAL -- 31 RESOLUTION OF CONFLICT WITH CIVIL COURTS. The jurisdiction of courts-martial 32 shall be limited to violations of the punitive articles in this code. Any per- 33 son subject to this code who is charged with the commission of an offense 34 which is nota military offenseincluded in a punitive 35 article under this code shall be surrendered to civil authorities for 36 process in accordance with civil law. Any person so surrendered shall be con- 37 sidered properly absent from his military duties unless said person is 38 found guilty of a violation of civil law. If said person is convicted of a 39 civil offense, he shall be considered absent without leave from the time of 40 such surrender, unless he has requested and been granted authorized leave by 41 his commander . Conflicts over jurisdictionof persons42 over offenses shall be resolved in favor of civil jurisdiction. 43 SECTION 50. That Section 46-1163, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 46-116351 . PRINCIPAL. Any person subject to 46 this code who: 47 (1) Commits an offense punishable by this code, or aids, abets, counsels, 48 commands, or procures its commission; or 49 (2) Causes an act to be done which if directly performed by him would be 27 1 punishable by this code, is a principal. 2 SECTION 51. That Section 46-1164, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 46-116452 . ACCESSORY AFTER THE FACT. Any person 5 subject to this code who, knowing that an offense punishable by this code has 6 been committed, receives, comforts, or assists the offender in order to hinder 7 or prevent his apprehension, trial, or punishment, is an accessory after the 8 fact. 9 SECTION 52. That Section 46-1165, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 46-1165 3 . INCLUDED OFFENSES -- ATTEMPT. An 12 attempt to commit an offense punishable by this code is an included offense in 13 the charge of the main offense, but no one shall be convicted of both the 14 offense and attempt. 15 SECTION 53. That Section 46-1166, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 46-116654 . PERJURY. Any person subject to this 18 code whowilfullywillfully gives false testimony 19 under oath in the course of a judicial proceeding on the issue under inquiry 20 shall be punished as a court-martial may direct. 21 SECTION 54. That Section 46-1167, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 46-116755 . FRAUDULENT ENLISTMENT -- APPOINTMENT 24 -- SEPARATION. Any person subject to this code who: 25 (1) Procures his own enlistment in or appointment to the Idaho26national guardmilitary by knowingly false representation 27 or deliberate concealment as to his qualifications for that enlistment or 28 appointment and receives pay or allowances thereunder; or 29 (2) Procures his own separation from the Idahonational guard30military by knowingly false representation or deliberate 31 concealment as to his eligibility for that separation, 32 shall be punished as a court-martial may direct. 33 SECTION 55. That Section 46-1168, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 46-11 5 68. EFFECTING UNLAWFUL ENLISTMENT -- 36 APPOINTMENT -- SEPARATION. Any person subject to this code who effects an 37 enlistment or appointment in or a separation from the Idahonational38guardmilitary of any person who is known to him to be 39 ineligible for that enlistment, appointment, or separation because it is pro- 40 hibited by law, regulation, or order shall be punished as a court-martial may 41 direct. 42 SECTION 56. That Section 46-1169, Idaho Code, be, and the same is hereby 43 amended to read as follows: 28 1 46-116957 . DISRESPECTFUL BEHAVIOR TO A SUPERIOR 2 OFFICER , WARRANT OFFICER OR NONCOMMISSIONED OFFICER. Any person 3 subject to this code who behavesin the line of dutywith 4 disrespect toward a superiorwith intent to embarrass, degrade or5provoke that superior in a way that directly interferes with the superior's6performance of his dutiesofficer, warrant officer or 7 noncommissioned officer shall be punished as a court-martial may 8 direct. 9 SECTION 57. That Section 46-1170, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 46-117058 . ASSAULTING ORWILFULLY12 WILLFULLY DISOBEYING SUPERIOR OFFICER , WARRANT OFFICER 13 OR NONCOMMISSIONED OFFICER. Any person subject to this code who: 14 (1) Strikes his superior commissioned , warrant or 15 noncommissioned officer or draws or lifts up any weapon or offers any violence 16 against him while he is in the execution of his office; or 17 (2)WilfullyWillfully disobeys a lawful com- 18 mand of his superior commissioned , warrant or noncommissioned 19 officer; 20 shall be punished as a court-martial may direct. 21 SECTION 58. That Section 46-1171, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 46-117159 . CRUELTY, OPPRESSION OR MALTREATMENT 24 OF SUBORDINATES. Any person subject to this code who acts cruelly or 25 oppressively toward or maltreats any person subject to his orders shall be 26 punished as a court-martial may direct. 27 SECTION 59. That Section 46-1172, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 46-117260 . FALSE RECORD OR DOCUMENT. Any person 30 subject to this code who, with intent to deceive, signs any false record, 31 return, regulation, order, or other official document knowing the same to be 32 false, or makes any other false official statement knowing the same to be 33 false shall be punished as a court-martial may direct. 34 SECTION 60. That Section 46-1173, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 46-117361 . SALE -- NEGLECT -- DAMAGE OF MILI- 37 TARY PROPERTY. Any person subject to this code who, without proper authority: 38 (a1 ) Sells or otherwise disposes of; or 39 (b2 )WilfullyWillfully 40 or through neglect damages, destroys, or loses; or 41 (c3 )WilfullyWillfully 42 or through neglect suffers to be lost, damaged, destroyed, sold or 43 wrongfully disposed of; 44 any military property of the United States or of this state shall be punished 45 as a court-martial may direct. 46 SECTION 61. That Section 46-1174, Idaho Code, be, and the same is hereby 29 1 amended to read as follows: 2 46-117462 . UNAUTHORIZED, DRUNK OR RECKLESS 3 OPERATION OF A MILITARY VEHICLE OR AIRCRAFT. Any person subject to this code 4 who operates any military vehicle or aircraft while drunk, or when the 5 alcohol concentration in the person's blood or breath is 0.08 grams of alcohol 6 per 100 milliliters of blood or 0.08 grams of alcohol per 210 liters of breath 7 or in a reckless or wanton manner, or without authority, shall be pun- 8 ished as a court-martial may direct. 9 SECTION 62. That Section 46-1175, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 46-117563 . DRUNK ON DUTY. Any person subject to 12 this code, other than a sentinel or lookout, who is found drunk on duty, shall 13 be punished as a court-martial may direct. 14 SECTION 63. That Section 46-1176, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 46-1176 4 . MUTINY. Any person subject to this 17 code who, with intent to usury or override lawful military authority, 18 refuses , in concert with any other person or persons sub- 19 ject to this code, to obey orders or otherwise do his duty, shall be 20 punished as a court-martial may direct. 21 SECTION 64. That Section 46-1177, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 46-117765 . FAILURE TO OBEY ORDERS -- DERELIC- 24 TION IN DUTY. Any person subject to this code who, without justifying circum- 25 stances: 26 (a1 ) Violates or fails to obey any lawful order 27 or regulation; or 28 (b2 ) Is derelict in the performance of his 29 duties, 30 shall be punished as a court-martial may direct. 31 SECTION 65. That Section 46-1178, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 46-117866 . ABSENCE WITHOUT LEAVE. Any person 34 subject to this code who, without prior authority or justifying reason: 35 (a1 ) Fails to go to his appointed place of duty 36 at the time prescribed; or 37 (b2 ) Goes from that place; or 38 (c3 ) Absents himself and remains absent from 39 his unit, organization, or other place of duty at which he is required to be 40 at the time prescribed, 41 shall be punished as a court-martial may direct. 42 SECTION 66. That Section 46-1179, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 46-11 6 79. MISSING MOVEMENT. Any person subject 30 1 to this code who, through neglect or design, misses the movement of a ship, 2 aircraft, or unit with which he is required in the course of duty to move 3 shall be punished as a court-martial may direct. 4 SECTION 67. That Section 46-1180, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 46-118068 . DESERTION. Any person subject to 7 this code who: 8 (1)wW ithout proper authority goes or remains 9 absent from his place of service, organization, or place of duty with intent 10 to remain away therefrom permanently; or 11 (2)qQ uits his unit or organization or place of 12 duty with intent to avoid hazardous duty or to shirk important service; or 13 (3)wW ithout being regularly separated from the 14national guardstate military enlists or accepts an 15 appointment in the same or another military component or organization without 16 fully disclosing the fact that he has not been so regularly separated, 17 is guilty of desertion and shall be punished as a court-martial may direct, 18 provided, however, that no member of the Idahonational guard19 military shall be, in time of peace or order, prohibited from 20 accepting bona fide employment in another state or leave the boundaries of 21 this state in pursuance of his vocation, education or profession, if before so 22 doing, he fully informs his commanding officer of his absence from the state 23 and the reasons therefor, provided, however, that the said commanding officer 24 may waive the requirement that he be informed. 25 SECTION 68. That Section 46-1181, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 46-118169 . FEIGNING ILLNESS, DISABLEMENT, MEN- 28 TAL LAPSE OR DERANGEMENT -- SELF-INJURY. Any person subject to this code who, 29 for the purpose of avoiding work, duty, or service: 30 (a1 ) Feigns illness, physical disablement, men- 31 tal lapse or derangement; or 32 (b2 ) Intentionally inflicts self-injury; 33 shall be punished as a court-martial may direct. 34 SECTION 69. That Section 46-1182, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 46-118270 . DRUNK OR ASLEEP AT POST -- LEAVING 37 POST BEFORE REGULAR RELIEF. Any sentinel or guard subject to this code who is 38 found drunk or sleeping upon his post, or who leaves his post before he is 39 regularly relieved, shall be punished as a court-martial may direct. 40 SECTION 70. That Section 46-1184, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 46-118471 . PUBLIC PROPERTY -- CAPTURED OR ABAN- 43 DONED PROPERTY -- PRIVATE DISPOSAL FOR PROFIT -- LOOTING. (a44 1 ) All persons subject to this code shall secure all public property 45 taken for the service of the state of Idaho and shall give notice and turn 46 over to the proper authority without delay all captured or abandoned property 47 in their possession, custody or control. 31 1 (b2 ) Any person subject to this code who, while 2 on duty: 3 (1a ) Fails to carry out the duties prescribed 4 in subsection (a1 ) of this section; or 5 (2b ) Buys, sells, trades, or in any way deals 6 in or disposes of captured or abandoned property, whereby he shall receive 7 or expect any profit, benefit, or advantage to himself or another directly 8 or indirectly concerted with himself; or 9 (3c ) Engages in looting or pillaging, 10 shall be punished as a court-martial may direct. 11 SECTION 71. That Chapter 11, Title 46, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 46-1172, Idaho Code, and to read as follows: 14 46-1172. CONSPIRACY. Any person subject to this code who conspires with 15 any other person to commit an offense under this code shall, if one (1) or 16 more of the conspirators does an act to effect the object of the conspiracy, 17 be punished as a court-martial may direct. 18 SECTION 72. That Chapter 11, Title 46, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION , to be 20 known and designated as Section 46-1173, Idaho Code, and to read as follows: 21 46-1173. SOLICITATION. Any person subject to this code who solicits or 22 advises another or others to commit an offense under this code shall be pun- 23 ished with the punishment provided for the commission of the offense, but if 24 the offense solicited or advised is not committed or attempted, he shall be 25 punished as a court-martial may direct. 26 SECTION 73. That Chapter 11, Title 46, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION , to be 28 known and designated as Section 46-1174, Idaho Code, and to read as follows: 29 46-1174. RESISTANCE, BREACH OF ARREST, AND ESCAPE. Any person subject to 30 this code who resists apprehension or breaks arrest or who escapes from cus- 31 tody or confinement shall be punished as a court-martial may direct. 32 SECTION 74. That Chapter 11, Title 46, Idaho Code, be, and the same is 33 hereby amended by the addition thereto of a NEW SECTION , to be 34 known and designated as Section 46-1175, Idaho Code, and to read as follows: 35 46-1175. RELEASING PRISONER WITHOUT PROPER AUTHORITY. Any person subject 36 to this code who, without proper authority, releases any prisoner committed to 37 his charge, or who through neglect or design suffers any such prisoner to 38 escape, shall be punished as a court-martial may direct, whether or not the 39 prisoner was committed in strict compliance with law. 40 SECTION 75. That Chapter 11, Title 46, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION , to be 42 known and designated as Section 46-1176, Idaho Code, and to read as follows: 43 46-1176. UNLAWFUL DETENTION. Any person subject to this code who, except 44 as provided by law, apprehends, arrests or confines any person shall be pun- 45 ished as a court-martial may direct. 32 1 SECTION 76. That Chapter 11, Title 46, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION , to be 3 known and designated as Section 46-1177, Idaho Code, and to read as follows: 4 46-1177. WRONGFUL USE, POSSESSION, ETC., OF CONTROLLED SUBSTANCES. 5 (1) Any person subject to this code who wrongfully uses, possesses, manufac- 6 tures or distributes, on an installation, vessel, vehicle, or aircraft used by 7 or under the control of the military a substance described in subsection (2) 8 of this section shall be punished as a court-martial may direct. 9 (2) The substances referred to in subsection (1) of this section are the 10 following: 11 (a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, 12 methamphetamine, phencyclidine, barbituric acid, and marijuana, and any 13 compound or derivative of any such substance. 14 (b) Any other substance not specified in paragraph (a) of this subsection 15 that is listed in schedules I through V of the uniform controlled sub- 16 stances act, chapter 27, title 37, Idaho Code. 17 SECTION 77. That Chapter 11, Title 46, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION , to be 19 known and designated as Section 46-1178, Idaho Code, and to read as follows: 20 46-1178. FRAUDS AGAINST THE GOVERNMENT. Any person subject to this code, 21 (1) Who knowingly: 22 (a) Makes any false claim or fraudulent claim against the state of Idaho 23 or the United States or any officer thereof; or 24 (b) Presents to any person in the civil or military service thereof, for 25 approval or payment, any false or fraudulent claim against the state of 26 Idaho or the United States or any officer thereof; or 27 (2) Who, for the purpose of obtaining the approval, allowance, or payment 28 of any claim against the state of Idaho or the United States or any officer 29 thereof: 30 (a) Makes or uses any writing or other paper knowing it to contain any 31 false or fraudulent statements; 32 (b) Makes any oath to any fact or to any writing or other paper knowing 33 the oath to be false; or 34 (c) Forges or counterfeits any signature upon any writing or other paper, 35 or uses any such signature knowing it to be forged or counterfeited; or 36 (3) Who, having charge, possession, custody, or control of any money, or 37 other property of the state of Idaho or the United States, furnished or 38 intended for the military thereof, knowingly delivers to any person having 39 authority to receive it, any amount thereof less than that for which he 40 receives a certificate or receipt; or 41 (4) Who, being authorized to make or deliver any paper, certifying the 42 receipt of any property of the state of Idaho or the United States furnished 43 or intended for the military thereof, makes or delivers to any person such 44 writing without having full knowledge of the truth of the statements therein 45 contained and with intent to defraud the state of Idaho or the Unites States; 46 shall be punished as a court-martial may direct. 47 SECTION 78. That Chapter 11, Title 46, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION , to be 49 known and designated as Section 46-1179, Idaho Code, and to read as follows: 50 46-1179. AIDING THE ENEMY. Any person subject to this code who: 33 1 (1) Aids or attempts to aid, the enemy with arms, ammunition, supplies, 2 money or other things; or 3 (2) Without proper authority, knowingly harbors or protects or gives 4 intelligence to or communicates or corresponds with the enemy, either directly 5 or indirectly; 6 shall be punished as a court-martial may direct. 7 SECTION 79. That Chapter 11, Title 46, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION , to be 9 known and designated as Section 46-1180, Idaho Code, and to read as follows: 10 46-1180. CONDUCT UNBECOMING AN OFFICER. Any commissioned officer, warrant 11 officer, or cadet who is convicted of conduct unbecoming an officer, as 12 explained in the manual for courts-martial under article 133 of the uniform 13 code of military justice, shall be punished as a court-martial may direct. 14 SECTION 80. That Chapter 11, Title 46, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION , to be 16 known and designated as Section 46-1181, Idaho Code, and to read as follows: 17 46-1181. GENERAL ARTICLE. Though not specifically mentioned in this chap- 18 ter, all disorders and neglects to the prejudice of good order and discipline 19 in the military, all conduct of a nature to bring discredit upon the military, 20 and crimes and offenses not capital, or which persons subject to this chapter 21 may be guilty, shall be taken cognizance of by a general or special court-mar- 22 tial, according to the nature and degree of the offense, and shall be punished 23 at the discretion of that court. Offenses which may be punished under this 24 section include, but are not limited to, those offenses set out in the manual 25 for courts-martial as punishable under article 134 of the uniform code of mil- 26 itary justice. 27 SECTION 81. That Section 46-1187, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 46-11872 . TRIAL OF CIVIL-TYPE OFFENSES BY30GUARDSMENMILITARY MEMBERS IN EVENT OF PROLONGED STATEWIDE 31 SUSPENSION OF CIVIL COURTS. In the event that the civil judiciary is not func- 32 tioning to try cases for long periods of time statewide so that there is no 33 forum in which to try allegations againstguardsmenmili- 34 tary members of felonious civil offenses, this code incorporates 10 35 U.S.C. secs. 916, 918-930 and 932 for trial by courts-martial, pursuant to the 36 provisions ofsection 46-1183, Idahothis cC37ode. 38 SECTION 82. That Section 46-1191, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 46-119183 . ADMINISTRATION OF OATHS -- AFFIDA- 41 VITS. Commissioned officers shall have the power to administer oaths for the 42 purpose of military administration, including military justice, and affidavits 43 may be taken for such purposes before such officers. 44 SECTION 83. That Section 46-1192, Idaho Code, be, and the same is hereby 45 amended to read as follows: 34 1 46-119284 . FINES -- PAYMENT INTO STATE GENERAL 2 FUND. Fines may be paid to a military court or to an officer executing its 3 process. The amount of any such fine may be noted upon any state roll or 4 account for pay of the delinquent and deducted from any pay or allowance due 5 or thereafter to become due him, until the said fine is liquidated. Any sum so 6 deducted from any state pay or allowance shall be turned into the military 7 court which imposed the fine and shall be paid over by the officer receiving 8 the same within thirty (30) days to the state treasurer and credited to the 9 general fund. Any expense incurred to administer or carry out the provi- 10 sions of this chapter shall be paid out of the general fund. 11 SECTION 84. That Section 46-1193, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 46-119385 . REGULATORY AUTHORITY. The adjutant 14 general shall have authority to promulgate such regulations as he deems neces- 15 sary and proper to carry out the intent of this code. 16 SECTION 85. That Chapter 11, Title 46, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 46-1186, Idaho Code, and to read as follows: 19 46-1186. IMMUNITY. All persons acting under the provisions of this chap- 20 ter, whether as a member of the military or as a civilian, shall be immune 21 from any personal liability for any of their acts or omissions which they did 22 or failed to do as part of their duties under this chapter. 23 SECTION 86. That Section 46-1194, Idaho Code, be, and the same is hereby 24 repealed. 25 SECTION 87. That Chapter 11, Title 46, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION , to be 27 known and designated as Section 46-1187, Idaho Code, and to read as follows: 28 46-1187. SEVERABILITY. The provisions of this act are hereby declared to 29 be severable and if any provision of this act or the application of such pro- 30 vision to any person or circumstance is declared invalid for any reason, such 31 declaration shall not affect the validity of the remaining portions of this 32 act.
STATEMENT OF PURPOSE
RS 07899C2
This legislation amends title 47, chapter 11, Idaho Code, the Idaho
Code of Military Justice (ICMJ); revises and adds to the
definitions to clarify when and to whom the ICMJ will apply;
extends ICMJ jurisdiction to members of another state's military
attached to the Idaho National Guard or to offenses committed when
a member is engaged in activities that tend to bring discredit upon
the Idaho National Guard or disrupt good order and discipline;
provides venue for courts martial; adds monetary fines to the list
of punishments available under a commanding officer's non-judicial
punishment authority and increases the limits on others; provides
for arrest and limited detention of members charged with offenses
based on probable cause; increases punishments that may be imposed
by courts martial; provides qualifications and appointment
procedures for military judges; revises the statute of limitations
for courts martial and adds limitations provisions for non-judicial
punishment; provides for pre-trial discovery procedures; increases
punishments for refusal to obey subpoena and for contempt; amends
the required majority to convict; provides for summarized or
verbatim transcripts of trial; amends types of discharges that may
be adjudged by a court martial; clarifies the effective date of
sentencing; provides for post conviction appeal to district court;
clarifies procedures in jurisdictional conflicts with civil courts;
amends disrespectful behavior and drunk driving of military vehicle
offenses; adds conspiracy, solicitation, resistance, breach of
arrest, escape, releasing prisoner without proper authority,
unlawful detention, wrongful use, possession, etc., of controlled
substances, frauds against the government, aiding the enemy,
conduct unbecoming an officer and a general article as new offenses
punishable under the ICMJ; adds an immunity provision; makes other
clarifying amendments to the ICMJ.
FISCAL NOTE
None
CONTACT: Lt Col Blair D. Jaynes
Military Division
Phone:(208) 422-5474
STATEMENT OF PURPOSE/FISCAL NOTE
S1518