SB95 - Revises provisions governing military justice. (BDR 36-11)

S.B. 95 - *SB95* SENATE BILL NO. 95–SENATOR KRASNER PREFILED JANUARY 13, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing military justice. (BDR 36-11) 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; providing a serviceman or servicewoman of the Nevada National Guard with the right to demand a trial by court-martial in lieu of accepting 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 1-3 of this bill provide an accused serviceman or servicewoman with the right to 6 demand a trial by court-martial instead of accepting the nonjudicial punishment. 7 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 412.286 is hereby amended to read as follows: 1 412.286 1. Under Office regulations, limitations may be 2 placed on the powers granted by NRS 412.286 to 412.302, 3 inclusive, with respect to the kind and amount of punishment 4 authorized , [and] the categories of commanding officers and 5 warrant officers exercising command authorized to exercise those 6 powers [.] , the applicability of NRS 412.286 to 412.302, inclusive, 7 to an accused who demands trial by court-martial and the kinds of 8 courts-martial to which the case may be referred upon such a 9 – 2 – - *SB95* demand. However, punishment may not be imposed upon any 1 member of the Nevada National Guard under NRS 412.286 to 2 412.302, inclusive, if the member has, before the imposition of 3 such punishment, demanded trial by court-martial in lieu of such 4 punishment. Under Office regulations, rules may be prescribed with 5 respect to the suspension of punishments authorized hereunder. If 6 authorized by Office regulations, a commanding officer exercising 7 general court-martial jurisdiction or an officer of general rank in 8 command may delegate his or her powers under NRS 412.286 to 9 412.302, inclusive, to a principal assistant. 10 2. When nonjudicial punishment has been imposed for an 11 offense, nonjudicial punishment may not again be imposed for the 12 same offense. Administrative action can be taken for the same 13 offense and will not be considered double punishment under the 14 Code. For the purposes of this subsection, “same offense” means an 15 offense that was part of a single incident or course of conduct. 16 3. After nonjudicial punishment has been imposed, it may not 17 be increased, upon appeal or otherwise, unless the punishment 18 imposed was not provided for in the Code. 19 4. When a commanding officer determines that nonjudicial 20 punishment is appropriate for a particular serviceman or 21 servicewoman, all known offenses determined to be appropriate for 22 disposition by nonjudicial punishment and ready to be considered at 23 that time, including, without limitation, all such offenses arising 24 from a single incident or course of conduct, must ordinarily be 25 considered together, rather than being made the basis for multiple 26 punishment. 27 5. Nonjudicial punishment may not be imposed for any offense 28 which was committed more than 3 years before the date of 29 imposition of punishment, unless such 3-year limitation is waived 30 by the accused in writing or unless the accused has filed an appeal 31 under this Code. 32 6. Nothing in subsection 2 or 4 precludes a commanding 33 officer from imposing, at one time, more than one punishment 34 nonjudicially for the offense or offenses arising from a single 35 incident or course of conduct authorized in the Code. 36 Sec. 2. NRS 412.2879 is hereby amended to read as follows: 37 412.2879 An accused facing nonjudicial punishment [does not 38 have] has the right to demand a trial by court-martial in lieu of 39 accepting the nonjudicial punishment [.] at any time before the 40 imposition of the nonjudicial punishment. 41 Sec. 3. NRS 412.293 is hereby amended to read as follows: 42 412.293 1. A commanding officer who, after inquiry or 43 investigation, determines that nonjudicial punishment is appropriate 44 for a particular serviceman or servicewoman shall use a formal 45 – 3 – - *SB95* proceeding. In determining whether nonjudicial punishment is 1 appropriate, the commanding officer shall consult with a judge 2 advocate. The commanding officer may also consult with a superior 3 commissioned officer who is not the superior authority who is to act 4 on appeal pursuant to NRS 412.296. 5 2. If the commanding officer determines that a formal 6 proceeding is appropriate, the accused must be notified in writing 7 of: 8 (a) The intent of the commanding officer to initiate nonjudicial 9 punishment; 10 (b) The intent of the commanding officer to use a formal 11 proceeding; 12 (c) The maximum punishments allowable under the formal 13 proceeding; 14 (d) The right of the accused to remain silent; 15 (e) Each offense that the accused has allegedly committed with 16 reference to sections of the law that are alleged to have been 17 violated; 18 (f) The right of the accused to confront witnesses, examine the 19 evidence and submit matters in defense, extenuation and mitigation; 20 (g) The right of the accused to consult with a judge advocate and 21 the location of such counsel; [and] 22 (h) The right of the accused to demand a trial by court-martial 23 at any time before the imposition of the nonjudicial punishment; 24 and 25 (i) The right of the accused to appeal. 26 3. If the commanding officer determines that a formal 27 proceeding is appropriate, the accused must be given a reasonable 28 time to consult with counsel , [and] to gather matters in defense, 29 extenuation and mitigation [.] and to decide whether to accept the 30 nonjudicial punishment or to demand a trial by court-martial. This 31 decision period [of time] must be at least 48 hours, depending on the 32 availability of counsel, but such period [of time] may be extended at 33 the request of the accused. 34 4. The commanding officer is not bound by the formal rules of 35 evidence before courts-martial and may consider any matter the 36 commanding officer reasonably believes is relevant to the offense. 37 Sec. 4. The amendatory provisions of this act do not apply to 38 any formal proceeding relating to nonjudicial punishment for which 39 a serviceman or servicewoman has been issued written notice 40 pursuant to subsection 2 of NRS 412.293, as that subsection existed 41 on June 30, 2025, before July 1, 2025. 42 Sec. 5. This act becomes effective on July 1, 2025. 43 H