AB157 - Revises provisions relating to the Nevada National Guard. (BDR 36-834)

A.B. 157 - *AB157* ASSEMBLY BILL NO. 157–ASSEMBLYMEMBERS GRAY AND D’SILVA PREFILED JANUARY 30, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the Nevada National Guard. (BDR 36-834) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to military justice; requiring the Office of the Military to implement certain training programs and make certain reports concerning courts-martial; requiring the convening authority of a trial by court-martial to report certain information to the Office; requiring the Office to develop policies and adopt regulations concerning trials by court-martial; providing a serviceman or servicewoman of the Nevada National Guard with the right to demand a trial by court-martial in lieu of accepting a nonjudicial punishment; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a commanding officer in the state military forces to 1 punish certain servicemen and servicewomen for minor offenses by imposing 2 nonjudicial punishment. (NRS 412.286-412.302) Under existing law, an accused 3 serviceman or servicewoman does not have the right to demand a trial by court- 4 martial in lieu of accepting the nonjudicial punishment. (NRS 412.2879) Sections 5 6-8 of this bill provide an accused serviceman or servicewoman with the right to 6 demand a trial by court-martial in lieu of accepting the nonjudicial punishment. 7 Existing law establishes the Office of the Military and requires the Office to 8 supervise the military affairs of the State. (NRS 412.064) Section 2 of this bill 9 requires the Office to implement a training program to inform servicemen and 10 servicewomen of the right of an accused to demand a trial by court-martial. Section 11 3 of this bill requires the convening authority of the trial by court-martial to report 12 to the Office the final disposition of each trial by court-martial where the accused 13 serviceman or servicewoman demanded a court-martial in lieu of a nonjudicial 14 punishment. Section 2 further requires the Office to submit an annual report to the 15 Director of the Legislative Counsel Bureau for transmission to the Legislature or 16 the Legislative Commission, as applicable, concerning: (1) the training program 17 – 2 – - *AB157* implemented by the Office; and (2) the number of trials by court-martial where an 18 accused serviceman or servicewoman exercised his or her right to demand a court- 19 martial and the final disposition of each such trial. 20 Section 4 of this bill requires the Office to develop policies and adopt 21 regulations to ensure fair and efficient administration of trials by court-martial. 22 Section 5 of this bill provides that the duties of the Office, as provided in 23 section 2, are not exclusive or a limitation on the powers and authority vested in the 24 Office by other provisions of law. 25 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 412 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. The Office shall implement a training program to 3 inform servicemen and servicewomen of the right of an accused 4 facing nonjudicial punishment to demand a trial by court-martial 5 in lieu of accepting a nonjudicial punishment pursuant to 6 NRS 412.2879. 7 2. On or before January 31 of each year, the Office shall 8 submit a report to the Director of the Legislative Counsel Bureau 9 for transmittal to the next session of the Legislature, if the report 10 is submitted in an odd-numbered year, or the Legislative 11 Commission, if the report is submitted in an even-numbered year. 12 The report must include, without limitation, for the preceding 13 calendar year: 14 (a) Information concerning the training program implemented 15 by the Office pursuant to subsection 1; and 16 (b) The number of trials by court-martial demanded pursuant 17 to NRS 412.2879 and the final disposition of each such trial as 18 reported to the Office pursuant to section 3 of this act. 19 Sec. 3. The convening authority shall report to the Office the 20 final disposition of each trial by court-martial against an accused 21 serviceman or servicewoman who demanded a trial by court- 22 martial pursuant to NRS 412.2879. 23 Sec. 4. NRS 412.064 is hereby amended to read as follows: 24 412.064 1. The Office of the Military is hereby established. 25 The Office, under the direction of the Governor, shall supervise the 26 military and emergency management affairs of the State. 27 2. The Office shall adopt, subject to the approval of the 28 Governor, necessary regulations for the organization, government, 29 armament, equipment, training and compensation of the militia of 30 the State in conformity with the provisions of this chapter and the 31 laws of the United States. 32 3. The Office shall make such changes in the military 33 organization of the Nevada National Guard as are necessary from 34 – 3 – - *AB157* time to time to conform to the requirements of the laws of the 1 United States and the directives of the National Guard Bureau. 2 4. The Office shall fix the location of the units and 3 headquarters of the Nevada National Guard, and shall, subject to the 4 approval of the National Guard Bureau, transfer, attach, consolidate 5 or inactivate any organization or unit when in its judgment the 6 efficiency of the present organization will be increased thereby. 7 5. The Office may establish and continue awards and 8 decorations and approve the design therefor, which must conform to 9 the requirements of the laws of the United States and the directives 10 of the National Guard Bureau. 11 6. The Office shall, with the approval of the Governor, 12 develop policies and adopt regulations to ensure the fair and 13 efficient administration of trials by court-martial. 14 7. The Division of Emergency Management of the Office of 15 the Military shall execute, administer and enforce the provisions of 16 chapters 414 and 414A of NRS and perform such duties and 17 exercise such powers as may be conferred upon it pursuant to 18 chapters 414 and 414A of NRS and any other statute. 19 Sec. 5. NRS 412.066 is hereby amended to read as follows: 20 412.066 The enumeration of duties and functions in NRS 21 412.064 to 412.109, inclusive, and section 2 of this act shall not be 22 deemed exclusive nor construed as a limitation on the powers and 23 authorities vested in the Office by other provisions of law. 24 Sec. 6. NRS 412.286 is hereby amended to read as follows: 25 412.286 1. Under Office regulations, limitations may be 26 placed on the powers granted by NRS 412.286 to 412.302, 27 inclusive, with respect to the kind and amount of punishment 28 authorized and the categories of commanding officers and warrant 29 officers exercising command authorized to exercise those powers [.] 30 , the applicability of NRS 412.286 to 412.302, inclusive, to an 31 accused who demands a trial by court-martial and the kinds of 32 courts-martial to which the case may be referred upon such a 33 demand. However, punishment may not be imposed upon any 34 member of the Nevada National Guard under NRS 412.286 to 35 412.302, inclusive, if the member has, before the imposition of 36 such punishment, demanded a trial by court-martial in lieu of 37 accepting such nonjudicial punishment pursuant to NRS 38 412.2879. Under Office regulations, rules may be prescribed with 39 respect to the suspension of punishments authorized hereunder. If 40 authorized by Office regulations, a commanding officer exercising 41 general court-martial jurisdiction or an officer of general rank in 42 command may delegate his or her powers under NRS 412.286 to 43 412.302, inclusive, to a principal assistant. 44 – 4 – - *AB157* 2. When nonjudicial punishment has been imposed for an 1 offense, nonjudicial punishment may not again be imposed for the 2 same offense. Administrative action can be taken for the same 3 offense and will not be considered double punishment under the 4 Code. For the purposes of this subsection, “same offense” means an 5 offense that was part of a single incident or course of conduct. 6 3. After nonjudicial punishment has been imposed, it may not 7 be increased, upon appeal or otherwise, unless the punishment 8 imposed was not provided for in the Code. 9 4. When a commanding officer determines that nonjudicial 10 punishment is appropriate for a particular serviceman or 11 servicewoman, all known offenses determined to be appropriate for 12 disposition by nonjudicial punishment and ready to be considered at 13 that time, including, without limitation, all such offenses arising 14 from a single incident or course of conduct, must ordinarily be 15 considered together, rather than being made the basis for multiple 16 punishment. 17 5. Nonjudicial punishment may not be imposed for any offense 18 which was committed more than 3 years before the date of 19 imposition of punishment, unless such 3-year limitation is waived 20 by the accused in writing or unless the accused has filed an appeal 21 under this Code. 22 6. Nothing in subsection 2 or 4 precludes a commanding 23 officer from imposing, at one time, more than one punishment 24 nonjudicially for the offense or offenses arising from a single 25 incident or course of conduct authorized in the Code. 26 Sec. 7. NRS 412.2879 is hereby amended to read as follows: 27 412.2879 An accused facing nonjudicial punishment [does not 28 have] has the right to demand a trial by court-martial in lieu of 29 accepting the nonjudicial punishment [.] at any time before the 30 imposition of the nonjudicial punishment. 31 Sec. 8. NRS 412.293 is hereby amended to read as follows: 32 412.293 1. A commanding officer who, after inquiry or 33 investigation, determines that nonjudicial punishment is appropriate 34 for a particular serviceman or servicewoman shall use a formal 35 proceeding. In determining whether nonjudicial punishment is 36 appropriate, the commanding officer shall consult with a judge 37 advocate. The commanding officer may also consult with a superior 38 commissioned officer who is not the superior authority who is to act 39 on appeal pursuant to NRS 412.296. 40 2. If the commanding officer determines that a formal 41 proceeding is appropriate, the accused must be notified in writing 42 of: 43 (a) The intent of the commanding officer to initiate nonjudicial 44 punishment; 45 – 5 – - *AB157* (b) The intent of the commanding officer to use a formal 1 proceeding; 2 (c) The maximum punishments allowable under the formal 3 proceeding; 4 (d) The right of the accused to remain silent; 5 (e) Each offense that the accused has allegedly committed with 6 reference to sections of the law that are alleged to have been 7 violated; 8 (f) The right of the accused to confront witnesses, examine the 9 evidence and submit matters in defense, extenuation and mitigation; 10 (g) The right of the accused to consult with a judge advocate and 11 the location of such counsel; [and] 12 (h) The right of the accused to demand a trial by court-martial 13 at any time before the imposition of the nonjudicial punishment 14 pursuant to NRS 412.2879; and 15 (i) The right of the accused to appeal. 16 3. If the commanding officer determines that a formal 17 proceeding is appropriate, the accused must be given a reasonable 18 time to consult with counsel , [and] to gather matters in defense, 19 extenuation and mitigation [.] and to decide whether to accept the 20 nonjudicial punishment or to demand a trial by court-martial. This 21 decision period [of time] must be at least 48 hours, depending on the 22 availability of counsel, but such period [of time] may be extended at 23 the request of the accused. 24 4. The commanding officer is not bound by the formal rules of 25 evidence before courts-martial and may consider any matter the 26 commanding officer reasonably believes is relevant to the offense. 27 Sec. 9. The amendatory provisions of this act do not apply to 28 any formal proceeding relating to nonjudicial punishment for which 29 a serviceman or servicewoman has been issued written notice before 30 July 1, 2025, pursuant to subsection 2 of NRS 412.293, as that 31 subsection existed on June 30, 2025. 32 Sec. 10. The provisions of subsection 1 of NRS 218D.380 do 33 not apply to any provision of this act which adds or revises a 34 requirement to submit a report to the Legislature. 35 Sec. 11. This act becomes effective on July 1, 2025. 36 H