Section § 450

Explanation

This section lists the different types of military courts in the state. These include general courts-martial, special courts-martial, summary courts-martial, courts of inquiry, and the Courts-Martial Appellate Panel.

The military courts of this state are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry; and (e) Courts-Martial Appellate Panel.

Section § 450.1

Explanation

This section outlines the disciplinary actions that can be taken by commanding officers in the California National Guard for minor offenses, without the need for a court-martial. These actions can include fines, restriction, detention, reduction in pay grade, and extra duties. However, if a member wishes, they can demand a trial by court-martial instead of accepting the punishment. The rules specify various levels of punishment based on the position and rank of the offender, and they can be adjusted or suspended under certain conditions. Officers can mitigate punishments and there are processes for appealing decisions if the punishment is seen as unjust or excessive.

Commanding officers have specific powers and limitations under regulations set by the Governor and the Adjutant General. The law also specifies the form in which records of these disciplinary proceedings should be kept.

(a)CA Military And Veterans Code § 450.1(a) Under regulations as the Governor may prescribe, and under any additional regulations as may be prescribed by the Adjutant General, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon that demand. Except in the case of the imposition of fines upon officers and warrant officers, punishment may not be imposed upon any member of the California National Guard under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Adjutant General, a commanding officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under this section to a principal assistant.
(b)CA Military And Veterans Code § 450.1(b) Subject to subdivision (a), any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:
(1)CA Military And Veterans Code § 450.1(b)(1) Upon officers of his or her command:
(A)CA Military And Veterans Code § 450.1(b)(1)(A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(B)CA Military And Veterans Code § 450.1(b)(1)(B) If imposed by an officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command:
(i)CA Military And Veterans Code § 450.1(b)(1)(B)(i) Arrest in quarters for not more than 30 consecutive days.
(ii)CA Military And Veterans Code § 450.1(b)(1)(B)(ii) Impose a fine of not more than 15 days pay per month for two months.
(iii)CA Military And Veterans Code § 450.1(b)(1)(B)(iii) Restriction to certain specified limits with or without suspension from duty for not more than 60 consecutive days.
(iv)CA Military And Veterans Code § 450.1(b)(1)(B)(iv) Detention of not more than 15 days’ pay per month for three months.
(2)CA Military And Veterans Code § 450.1(b)(2) Upon other personnel of his or her command:
(A)CA Military And Veterans Code § 450.1(b)(2)(A) Correctional custody for not more than seven consecutive days.
(B)CA Military And Veterans Code § 450.1(b)(2)(B) Impose a fine of not more than seven days’ pay.
(C)CA Military And Veterans Code § 450.1(b)(2)(C) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
(D)CA Military And Veterans Code § 450.1(b)(2)(D) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(E)CA Military And Veterans Code § 450.1(b)(2)(E) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(F)CA Military And Veterans Code § 450.1(b)(2)(F) Detention of not more than 14 days’ pay.
(G)CA Military And Veterans Code § 450.1(b)(2)(G) If imposed by an officer of the grade of major or above:
(i)CA Military And Veterans Code § 450.1(b)(2)(G)(i) Correctional custody for not more than 30 consecutive days.
(ii)CA Military And Veterans Code § 450.1(b)(2)(G)(ii) Impose a fine of not more than 15 days’ pay per month for two months.
(iii)CA Military And Veterans Code § 450.1(b)(2)(G)(iii) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
(iv)CA Military And Veterans Code § 450.1(b)(2)(G)(iv) Extra duties, including fatigue or other duties, for not more than 45 consecutive days.
(v)CA Military And Veterans Code § 450.1(b)(2)(G)(v) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days.
(vi)CA Military And Veterans Code § 450.1(b)(2)(G)(vi) Detention of not more than 15 days’ pay per month for three months.
The punishments heretofore prescribed by subdivision (b) (1) A, B(i) and (iii) and subdivision (b) (2) A, D, E, G(i), (iv) and (v) hereof may be imposed only during annual active duty for training or active state service, except that extra duties may be imposed upon enlisted persons while in armory drill status for two hours (to be completed not later than 2400 hours) for two consecutive drills.
Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there shall be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subdivision, “correctional custody” means the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody shall not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c)CA Military And Veterans Code § 450.1(c) An officer in charge may impose upon enlisted members assigned to the unit of which he or she is in charge any of the punishments authorized under subdivision (b)(2)(A) to (G), inclusive, as the Adjutant General may specifically prescribe by regulation.
(d)CA Military And Veterans Code § 450.1(d) The officer who imposes the punishment authorized in subdivision (b), or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a fine imposed under subdivision (b), whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to a fine or detention of pay. When mitigating:
(1)CA Military And Veterans Code § 450.1(1) arrest in quarters to restriction;
(2)CA Military And Veterans Code § 450.1(2) correctional custody to extra duties or restriction, or both; or
(3)CA Military And Veterans Code § 450.1(3) extra duties to restriction;
the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating a fine to detention of pay, the amount of the detention shall not be greater than the amount of the fine. When mitigating reduction in grade to a fine or detention of pay, the amount of the fine or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e)CA Military And Veterans Code § 450.1(e) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subdivision (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(1)CA Military And Veterans Code § 450.1(1) arrest in quarters for more than seven days;
(2)CA Military And Veterans Code § 450.1(2) correctional custody for more than seven days;
(3)CA Military And Veterans Code § 450.1(3) a fine of more than seven days’ pay;
(4)CA Military And Veterans Code § 450.1(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5)CA Military And Veterans Code § 450.1(5) extra duties for more than 14 days;
(6)CA Military And Veterans Code § 450.1(6) restriction for more than 14 days; or
(7)CA Military And Veterans Code § 450.1(7) detention of more than 14 days’ pay;
the authority who is to act on the appeal shall refer the case to a judge advocate of the California National Guard for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subdivision (b).
(f)CA Military And Veterans Code § 450.1(f) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g)CA Military And Veterans Code § 450.1(g) The Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceedings shall be in writing.

Section § 451

Explanation

This law explains how military courts in California, such as general and special courts-martial, operate under the same rules as the U.S. Army, Air Force, or Navy, unless specified differently in California's military code. It highlights that the Uniform Code of Military Justice applies to California's active militia, including the National Guard, unless other state-specific rules are in place.

Importantly, it states that attempted suicide by members of the active militia, including the California National Guard, should not be treated as a military crime. Instead, the law requires these individuals to be quickly referred to the Behavioral Health Liaison Program or similar services for help and counseling.

(a)CA Military And Veterans Code § 451(a) The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment, and the proceedings in the revision thereof, shall be governed by the terms of the laws and regulations governing the United States Army, Air Force, or Navy, and the law and procedure of similar courts of the United States Army, Air Force, or Navy, except as otherwise provided in this chapter.
(b)CA Military And Veterans Code § 451(b) The provisions of the Uniform Code of Military Justice, and the rules and regulations published thereunder, shall govern and be applicable to the active militia, including the California National Guard, except as otherwise provided in this code, the California Manual for Courts-Martial, or other regulations as adopted by the Governor or Adjutant General.
(c)Copy CA Military And Veterans Code § 451(c)
(1)Copy CA Military And Veterans Code § 451(c)(1) Notwithstanding subdivision (b), an attempt by a member of the active militia, including the California National Guard, to kill himself or herself shall not be prosecuted as a military crime.
(2)CA Military And Veterans Code § 451(c)(2) The Adjutant General shall ensure that any member of the active militia that attempts to kill himself or herself shall be referred, as soon as practically possible, to the department’s Behavioral Health Liaison Program, or its successor, to receive assistance, counseling, or referral to other appropriate available services.

Section § 452

Explanation

This section explains that general courts-martial, which are military courts, can be started by high-level officials like the President, the Governor, or the Adjutant General. These officials are in charge of approving and reviewing the decisions of the court-martial. Once the trial is over and the record is authenticated, the trial counsel sends it to the reviewing authority for their actions, and then it's filed in the Adjutant General's office.

General courts-martial may be convened by the President of the United States or the Governor or the Adjutant General. The convening authority shall be the approving, reviewing and confirming authority. After authentication the record will be sent by the trial counsel to the reviewing authority for proper action and will thereafter be filed in the Office of the Adjutant General.

Section § 453

Explanation

This law explains who can set up a special court-martial in the military. Typically, commanding officers of significant locations like districts, forts, or army units can establish these courts. If the officer is personally involved in the case as the accuser or prosecutor, a higher authority must appoint the court. The court can include either a single officer with a high rank or several members, following established military justice rules. Once the trial concludes, the records must be filed with the Adjutant General's office.

Special courts-martial may be appointed by the commanding officer of a district, garrison, fort, post, camp, station, or other place where troops are on duty, division, brigade, regiment, detached battalion, or other detached command or corresponding unit of Army or Air Force, and by the commanding officer of any group of detached units placed under a single commander for this purpose. Such courts-martial may also be appointed by superior authority when by the latter deemed desirable. When any such commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior authority. Special courts-martial may be composed of either one officer who shall be a field grade officer of the rank of major, lieutenant colonel or colonel or three or more members as provided for in the Uniform Code of Military Justice and the rules and regulations published thereunder. After final action by the reviewing authority the record of the trial by special courts-martial shall be filed in the office of the Adjutant General.

Section § 454

Explanation

This law explains who can set up summary courts-martial, which are military courts that handle minor offenses. The commanding officer at a military location like a garrison or fort can establish these courts. In some cases, a higher authority might decide to set one up if they think it's needed. If there's only one officer in the command, they automatically act as the summary court-martial for their group and will decide on cases brought to them. After the court's final decision, a copy of the charge sheet is to be officially recorded with the Adjutant General.

Summary courts-martial may be appointed by the commanding officer of a garrison, fort, post, camp, or other place where troops are on duty, regiment, detached battalion, detached company, or other detachment; but those summary courts-martial may in any case be appointed by superior authority when by the latter deemed desirable: Except when only one officer is present with a command, he or she shall be the summary courts-martial of that command and shall hear and determine cases brought before him or her. After final action by the reviewing authority an authenticated copy of the completed charge sheet shall be filed in the office of the Adjutant General.

Section § 455

Explanation

This section explains that a 'court of inquiry' can be set up with at least three members to investigate accusations against military officers or enlisted personnel, but only if requested by the person being investigated. Members can be officers or qualified enlisted persons. These courts follow procedures similar to those in the U.S. military's Army, Air Force, and Navy. They must quickly report findings to the person who ordered the inquiry. Additionally, investigation boards can be established following U.S. military regulations.

Courts of inquiry shall consist of at least three members and may be ordered by the Governor to examine into the nature of any transaction of or accusation or imputation against any officer or enlisted person. The courts shall not be ordered except upon the request of the officer concerned or whose conduct is to be inquired into or upon the request of the enlisted person concerned.
The members of the court may be officers or qualified enlisted persons, and the court may include both officers and qualified enlisted persons.
The practice and procedure of the court of inquiry shall be in accordance with the Articles of War and like tribunals appointed for similar purposes in the United States Army, United States Air Force, and United States Navy. The court shall, without delay, report to the officer ordering it, the evidence adduced, a statement of the facts, and, when required, an opinion thereon.
Boards for conducting investigations and investigating officers may be appointed in accordance with the rules and regulations adopted for the appointment of similar boards and officers in the United States Army, United States Air Force, and United States Navy.

Section § 455.1

Explanation

This section establishes a Courts-Martial Appellate Panel in California, which is made up of three justices appointed by the Governor. These justices are required to have experience and training in military law. They perform their duties without civil or criminal liability, adhere to military judicial conduct codes, and serve for a four-year term or until they resign. Justices are compensated at a specific military pay rate while in session. The panel can be convened by the President, the Governor, or the Adjutant General.

(a)CA Military And Veterans Code § 455.1(a) The Courts-Martial Appellate Panel shall consist of three justices to hear matters described in Section 458.1. The Governor, by general order, shall appoint the three justices who have experience and training in the field of military law. The panel shall conduct itself as a three-justice court.
(1)CA Military And Veterans Code § 455.1(a)(1) A justice shall not be liable civilly or criminally for any act or acts done by them in the performance of his or her duty, as described in Section 472.
(2)CA Military And Veterans Code § 455.1(a)(2) A justice shall be subject to a code of judicial conduct in accordance with applicable the United States Army and the United States Air Force regulations.
(3)CA Military And Veterans Code § 455.1(a)(3) A justice shall sit for four years upon which his or her appointment shall be terminated or upon acceptance of his or her resignation by the Adjutant General, whichever occurs first.
(4)CA Military And Veterans Code § 455.1(a)(4) A justice shall be paid at the rate of a federal O-6, a military pay grade, only while in session.
(b)CA Military And Veterans Code § 455.1(b) The Courts-Martial Appellate Panel may be convened by the President of the United States, the Governor, or the Adjutant General.

Section § 456

Explanation

This section explains that general courts-martial have the authority to conduct trials for various members of the active militia, including commissioned officers and enlisted members. They can impose punishments such as dismissal for officers, dishonorable discharge for enlisted members, and any penalties that a special court-martial case might allow, with punishments going up to one year in confinement.

General courts-martial have power:
(a)CA Military And Veterans Code § 456(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.
(b)CA Military And Veterans Code § 456(b) To adjudge:
(1)CA Military And Veterans Code § 456(b)(1) Dismissal, in the case of a commissioned or warrant officer.
(2)CA Military And Veterans Code § 456(b)(2) Dishonorable discharge, in the case of an enlisted member.
(3)CA Military And Veterans Code § 456(b)(3) Any other punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to one year in confinement.

Section § 457

Explanation

Special courts-martial in California can try all members of the active militia, including officers and enlisted personnel. They can impose punishments similar to those allowed in federal military courts, but the maximum confinement is limited to 180 days.

Special courts-martial have power:
(a)CA Military And Veterans Code § 457(a) To try commissioned officers, warrant officers, and enlisted members of the active militia.
(b)CA Military And Veterans Code § 457(b) To adjudge any punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, but in no case more than 180 days in confinement.

Section § 458

Explanation

Summary courts-martial can handle cases involving enlisted members of the active militia, but the members can refuse this type of court-martial if they want. These courts can give any punishment allowed under similar military justice rules, including confinement for up to 30 days.

Summary courts-martial have power:
(a)CA Military And Veterans Code § 458(a) To try enlisted members of the active militia unless they object thereto.
(b)CA Military And Veterans Code § 458(b) To adjudge any punishment authorized for a summary court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to 30 days in confinement.

Section § 458.1

Explanation

The Courts-Martial Appellate Panel in California has the authority to issue special writs and handle cases related to military justice. It can review issues connected to the California military code, the federal Uniform Code of Military Justice, regulations by the Governor for the state militia, and judge decisions from the California Military Department.

The Panel also handles appeals for court-martial sentences approved by authority figures, including appeals related to severe penalties such as officer dismissal, dishonorable and bad-conduct discharges for enlisted personnel, forfeiture of pay, and confinement.

The procedures and practices of this Panel align with the federal and California military court manuals.

The Courts-Martial Appellate Panel shall have power over the following:
(a)CA Military And Veterans Code § 458.1(a) The issuance of extraordinary writs relative to all matters arising under the following:
(1)CA Military And Veterans Code § 458.1(a)(1) The provisions of this code.
(2)CA Military And Veterans Code § 458.1(a)(2) The Uniform Code of Military Justice.
(3)CA Military And Veterans Code § 458.1(a)(3) Any regulation issued by the Governor pertaining to members of the California active militia.
(4)CA Military And Veterans Code § 458.1(a)(4) Court-martial actions pending before any military judge of the California Military Department.
(b)CA Military And Veterans Code § 458.1(b) Adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, as described in Section 455.1, and which include:
(1)CA Military And Veterans Code § 458.1(b)(1) Dismissal, in the case of a commissioned or warrant officer.
(2)CA Military And Veterans Code § 458.1(b)(2) Dishonorable discharge, in the case of an enlisted person.
(3)CA Military And Veterans Code § 458.1(b)(3) Bad-conduct discharge, in the case of an enlisted person.
(4)CA Military And Veterans Code § 458.1(b)(4) Forfeiture of all pay and allowances.
(5)CA Military And Veterans Code § 458.1(b)(5) Any confinement.
(c)CA Military And Veterans Code § 458.1(c) The practices and procedures of the Courts-Martial Appellate Panel shall follow the federal Manual for Courts-Martial described in Section 102 and the California Manual for Courts-Martial.

Section § 458.2

Explanation

This law states that when the Courts-Martial Appellate Panel handles a case, the decisions made by the United States Court of Appeals for the Armed Forces should guide them, unless the panel decides otherwise. Furthermore, decisions made by the Courts-Martial Appellate Panel must be displayed prominently for public view.

With regard to any matter adjudicated by the Courts-Martial Appellate Panel, the reported decisions of the United States Court of Appeals for the Armed Forces shall have direct precedential authority to such matters unless otherwise directed by the Courts-Martial Appellate Panel. Precedential decisions of the Courts-Martial Appellate Panel shall be posted in a conspicuous place.

Section § 459

Explanation

This section explains that during a court-martial in the National Guard, the trial counsel represents the state. It also details that if someone in the military is arrested by civil authorities to face a military court, they can be granted bail by a local civil magistrate in the county where they were arrested. The process of granting and managing bail must follow the rules of the California Penal Code.

The trial counsel of a general or special court-martial in the National Guard shall prosecute in the name of the State.
If military authorities order the arrest by civil authorities of military persons for trial before a military court, such arrested persons can be admitted to bail by any civil magistrate within the county wherein the arrest is made. The admission to, taking of and release upon bail shall be in accordance with applicable provisions and principles of the California Penal Code.

Section § 460

Explanation

This law gives military courts in California the same powers as superior courts to order people to attend trials as witnesses, whether they're civilians or military personnel. Military courts can also demand the production of documents and punish those who don't comply. If a witness can't be brought to trial, their testimony can be taken beforehand, similar to the procedures of a superior court.

Each miliary court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpenaed for nonattendance or for refusal to be sworn or testify or to produce books, papers, and documents. Military courts may also take by commission the testimony of witnesses who can not reasonably be produced at the trial in the same manner as a superior court.

Section § 461

Explanation

This law explains that both the president of the court and the trial counsel can issue orders for witnesses to attend or testify in court cases. They can do this before or after they are officially sworn in. These orders, called subpoenas, can be used for witnesses either helping the prosecution or someone being tried. Additionally, the commanding officer of a military organization can be instructed to serve a subpoena on any of their members if needed.

Commissions and subpenas may be issued by the president or the trial counsel of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the prosecution, and upon application in behalf of any person to be tried by such court, either the president or the trial counsel may direct the commanding officer of any organization to cause such subpena to be served on any member of his command.

Section § 462

Explanation

If someone is personally given a subpoena to be a witness and they don't show up without a good reason, or if they refuse a legal order, they have to pay a $25 fine to the State.

The head of the court is responsible for reporting these uncooperative witnesses to the senior Judge Advocate, along with information about who served the subpoenas. The Judge Advocate can then take legal action to collect these fines for the State.

A witness not appearing in obedience to a subpena when served personally with a copy thereof, and not having sufficient excuse, or a witness refusing to obey any lawful order of the court, shall forfeit to the State the sum of twenty-five dollars. The president of each court, or summary court officer, shall, from time to time, report to the senior Judge Advocate on the State staff the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpenas. A Judge Advocate may sue for and recover such penalties in the name of the people of the State.

Section § 463

Explanation

This law states that military courts have the authority to issue necessary legal orders, like writs and warrants, to enforce their powers. These orders can be directed to sheriffs, peace officers, police, marshals, or any military personnel appointed to carry them out. The officers must execute these orders and report back on what they did.

Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in those courts. Process or mandates may be directed to the sheriff of any county, any peace officer, the police of any city and the marshals of any town or city, or to any officer or enlisted person appointed by the court to serve or execute process or mandates. All officers to whom process or mandates are directed shall execute the process or mandates and make return of their acts thereunder according to the requirements thereof.

Section § 464

Explanation

This law states that jail keepers must take in people sent by a military court and hold them as the law specifies. No fees can be charged to anyone involved, including the state or military court, for handling these detainees. Minors must be kept in a separate, appropriate facility, not with adults in jail. Also, these individuals cannot be photographed or fingerprinted unless the military court specifically orders it.

The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this division, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. Minors shall be confined in a detention home or equivalent place of confinement, and shall not be confined in a jail with other persons. Persons committed by the process or mandate of a military court shall not be photographed or fingerprinted unless such process or mandate expressly so directs.

Section § 465

Explanation

This section explains that leaders in military courts in California, such as court-martial presidents and summary court officers, can issue arrest warrants to bring an accused person to trial. The trial must be set according to U.S. Army rules. If the accused isn’t formally charged or a trial isn't scheduled in time, they must be released, but may face trial later if procedures are followed. If the accused accepts the charges without protest and pleads, any mistakes in earlier paperwork are automatically forgiven.

Presidents of courts-martial, one-officer special courts-martial, and summary court officers shall have power to issue warrants to arrest an accused person and to bring him or her before the court for trial. A court shall be ordered for his or her trial within the time similarly prescribed by the rules and regulations of the United States Army. If a copy of the charges and specifications is not served, or a court is not ordered within the time herein limited, the arrest shall cease, but the charges and specifications may be served, a court ordered, and the officer or enlisted person be brought to trial after the release from arrest within the time prescribed by the rules and regulations of the United States Army in similar circumstances. The appearance of the accused, without objection and pleading to the charges, shall be a waiver of any defect or irregularity of service of any of the papers mentioned in this section.

Section § 466

Explanation

This rule states that a court-martial decision can't be enforced until someone reviews it and the officer who set up the court or the current commanding officer approves the sentence.

No sentence of a court-martial shall be carried into execution until the proceedings have been reviewed and the sentence approved by the officer appointing the court or by the officer commanding for the time being.

Section § 467

Explanation

This law outlines the process for collecting fines or penalties decided by a court-martial. The president or summary court officer creates a list of these fines and can issue a warrant to a sheriff or marshal to collect the money from the person's property. The warrant is executed like other legal money collection processes. Once collected, these fines are paid to the commanding officer of the fined person's organization and deposited in the General Fund.

For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or marshal of the county, commanding him or her to levy and collect the fines and penalties, together with the costs, upon and out of the property of the person against whom the fine or penalty is imposed. The warrant shall be executed and renewed in the same manner as executions under the Code of Civil Procedure.
All fines collected under this section or imposed and collected under Section 450.1 shall be paid by the officer collecting them to the commanding officer of the organization of which the person fined is or was a member and shall be deposited by the commanding officer into the General Fund.

Section § 468

Explanation

This California law states that if someone behaves disruptively or disrespectfully in a military court, like causing a disturbance or using rude language, they can be jailed for up to three days. This action is decided by the president of the court or a summary court officer.

Any person who is guilty of disorderly, contemptuous, or insolent behavior in a military court, or who uses insulting, contemptuous, or indecorous language or expression to or before a military court, or any member of such court in open court, tending to interrupt its proceedings or to impair the respect due to its authority, or who commits any breach of the peace or makes any noise or other disturbance directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court, or summary court officer, to the jail of the city or county in which such court sits, there to be confined for a period not to exceed three days.

Section § 469

Explanation

This section states that individuals who have left military service can still be tried and punished by a court-martial for any offenses they committed while they were in service.

If they are found guilty, they will be punished according to military law, specifically the Articles of War, and regulations set by the U.S. Army. The punishment must also fit within the guidelines set by federal law for National Guard court-martials.

A person who has been separated from the military service shall be subject to the jurisdiction of a lawfully appointed court-martial for trial and punishment for offenses committed during his military service.
If such person is found guilty, he shall be punished according to the Articles of War and the rules and regulations of the United States Army within the limits prescribed by this division and the Federal law for courts-martial of the National Guard.

Section § 470

Explanation

This law says that if someone in the military is accused of a crime that is also a crime under state law, the military officer responsible for arranging the trial can choose to hand them over to the civilian justice system instead. However, this can only happen in certain specific situations described in the next section, Section 471.

When the military offense charged is also an offense by the civil law of this State, the officer whose duty it is to order trial may order the person charged to be turned over to the civil authorities for trial; provided, such officer shall turn over such person to the civil authorities in the cases described in Section 471.

Section § 470.5

Explanation

This law outlines how members of the California active militia who commit sexual assault crimes are prosecuted. If these militia members commit such a crime, the local district attorney has the first opportunity to prosecute them, but the military can take over if the district attorney declines. A court-martial, a military court, handles trials for these offenses, and if convicted, the offender cannot have their conviction overturned by higher military authorities but can appeal to a military appellate panel. Punishments are severe, typically including dismissal or a dishonorable discharge, with no time limit for bringing charges. It defines which crimes qualify as sexual assault under both civilian and military codes, and sets sexual offender registration requirements for convictions in military courts.

(a)CA Military And Veterans Code § 470.5(a) A member of the active militia who, when subject to the Uniform Code of Military Justice (UCMJ) as incorporated by this code, violates a provision of the Penal Code for a sexual assault crime as defined in subdivision (c), or an attempt of that offense, shall be subject to prosecution by the office of the district attorney or other equivalent civilian prosecutorial authority with appropriate jurisdiction. The Military Department or California National Guard may claim jurisdiction only under the UCMJ as incorporated by this code, if the district attorney, or other equivalent civilian prosecutorial authority, refuses to pursue a criminal prosecution of that member.
(b)Copy CA Military And Veterans Code § 470.5(b)
(1)Copy CA Military And Veterans Code § 470.5(b)(1) Subject to subdivision (a), a member of the active militia recommended for court-martial pursuant to an Article 32 hearing (10 U.S.C. Sec. 832), as authorized by the UCMJ as incorporated by this code, for a qualifying sexual assault offense, as defined in subdivision (d), shall be tried by general court-martial.
(2)CA Military And Veterans Code § 470.5(b)(2) Notwithstanding any other provision of the UCMJ as incorporated by this code, a convening authority in the California National Guard or in the Military Department, as authorized by the UCMJ as incorporated by this code, shall not overturn a conviction for a qualifying sexual assault offense issued by a general court-martial. On appeal, the convening authority shall dispose of the case in accordance with the decision of the Courts-Martial Appellate Panel, as authorized by this code.
(3)CA Military And Veterans Code § 470.5(b)(3) A member of the active militia who is found guilty of a qualifying sexual assault offense, or an attempt of that offense shall be punished as the general court-martial may direct, subject to Section 456, and that punishment shall include, at a minimum, dismissal or dishonorable discharge.
(4)CA Military And Veterans Code § 470.5(b)(4) There is no statute of limitations for a member of the active militia to be charged with a qualifying sexual assault offense, when tried and punished by a general court-martial as provided in this section.
(c)CA Military And Veterans Code § 470.5(c) For purposes of this section, “sexual assault crime” means conduct constituting any of the crimes defined in the following provisions of the Penal Code:
(1)CA Military And Veterans Code § 470.5(c)(1) Section 243.4 of the Penal Code.
(2)CA Military And Veterans Code § 470.5(c)(2) Chapter 1 (commencing with Section 261) of Title 9 of Part 1 of the Penal Code.
(3)CA Military And Veterans Code § 470.5(c)(3) Section 286 of the Penal Code.
(4)CA Military And Veterans Code § 470.5(c)(4) Subdivision (a) or (b), or paragraph (1) of subdivision (c), of Section 288 of the Penal Code.
(5)CA Military And Veterans Code § 470.5(c)(5) Section 647.6 of the Penal Code.
(d)CA Military And Veterans Code § 470.5(d) For purposes of this section, a “qualifying sexual assault offense” under the Uniform Code of Military Justice is one that violates any of the following provisions of that code, or an attempt thereof:
(1)CA Military And Veterans Code § 470.5(d)(1) Subdivision (a) or (b) of Article 120 (10 U.S.C. Sec. 920(a) and (b)).
(2)CA Military And Veterans Code § 470.5(d)(2) Article 120b (10 U.S.C. Sec. 920b).
(3)CA Military And Veterans Code § 470.5(d)(3) Article 125 (10 U.S.C. Sec. 925).
(e)CA Military And Veterans Code § 470.5(e) Sex offender registration requirements for state military convictions contained in Sections 290 to 290.024, inclusive, of the Penal Code, are applicable to persons convicted of a qualifying sexual assault offense, or of the attempt or conspiracy to commit that offense.

Section § 471

Explanation

If someone in the state's military service commits a felony while on duty, they must be handed over by their commanding officers to the local authorities where the crime took place to face trial.

Even after being tried and possibly punished in civilian courts, they can still be tried and punished by a military court for related military offenses.

Whenever any person in the military service of the State is charged with the commission while on duty of an offense which is a felony under the laws of this State, he shall be delivered by his superior officer or officers to the proper civil authorities of the county or city in which the offense occurred for trial. Trial and punishment by civil authorities shall not preclude trial and additional punishment by court-martial for any military offense resulting from commission of the felony.

Section § 472

Explanation

This law states that military officers involved in military courts are protected from being sued or charged criminally for actions taken as part of their official duties. This includes ordering, participating in, or reviewing military court proceedings and enforcing their outcomes.

No officer by whom a military court is ordered or member of any such military court, or officer or person acting under its authority or reviewing the proceedings thereof or enforcing the process or sentence thereof shall be liable civilly or criminally for any act done in such capacity.

Section § 473

Explanation

This section refers to another part of the code (section 300) that deals with the establishment of courts specifically for the Naval Militia.

Courts for the Naval Militia are provided for by section 300.

Section § 474

Explanation

This section allows the Adjutant General of the California National Guard, with the Governor's approval, to fix mistakes or resolve unfairness in a Guard member's military records. A selected board of officers helps make these corrections.

The Adjutant General, under procedures established by him or her and approved by the Governor, and acting through a board of officers appointed by the Adjutant General, may correct any military record of a member of the California National Guard when he or she considers it necessary to correct an error or remove an injustice.

Section § 475

Explanation

This law targets sexual harassment within the active militia in California and outlines who can be punished and how. It applies to militia members on state duty or under Title 32 of federal law. Importantly, it clarifies that jurisdiction exists based on lawful duty orders, and the offense must relate to militia service to apply. Further, it explains that while this law specifically applies to military duty-related cases, other authorities can also prosecute related violations under different laws. The statute defines "sexual harassment" as unwanted sexual advances or behaviors that affect job conditions or create a hostile work environment.

(a)CA Military And Veterans Code § 475(a) Any person described in subdivision (b) who is guilty of sexual harassment may be punished pursuant to Section 450.1 or as a court-martial may direct.
(b)Copy CA Military And Veterans Code § 475(b)
(1)Copy CA Military And Veterans Code § 475(b)(1) This section applies to all members of the active militia who have been lawfully ordered to any type of state duty pursuant to this code or any type of duty pursuant to Title 32 of the United States Code. For purposes of jurisdiction of this section, receipt of a lawful verbal or written order to report shall constitute sufficient evidence for purposes of establishing jurisdiction, however, jurisdiction may be contested as provided in the Manual for Courts-Martial, United States, or the Manual for Courts-Martial, California.
(2)CA Military And Veterans Code § 475(b)(2) This section does not apply to offenses committed by members of the active militia who were not in a duty status or not ordered to a duty status at the time of the offense or omission, unless it is alleged that the member engaged in an affirmative act or omission that established a connection between the offense and service in the active militia. Jurisdiction shall exist in all circumstances regardless of where the offense was committed.
(3)CA Military And Veterans Code § 475(b)(3) Nothing in this section precludes any other military or civilian authority from exercising its jurisdiction over any act or omission that violates any local, state, or federal law. Pursuant to Sections 100, 101, 102, and 103, and Article 36 of the Uniform Code of Military Justice, the Governor as Commander-in-Chief of the State Militia may promulgate regulations for this section, which may include guidance similar to that which is provided for the punitive articles of the Uniform Code of Military Justice in Part IV of the Manual for Courts-Martial, United States. Unless otherwise specified, the statute of limitations for the offenses in this section is as provided for in Section 843(b)(1) of the Uniform Code of Military Justice.
(c)CA Military And Veterans Code § 475(c) For purposes of this section, “sexual harassment” means conduct that involves an unwelcome sexual advance, a request for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, towards, from, or in the presence of any person or persons, if any of the following apply:
(1)CA Military And Veterans Code § 475(c)(1) Submission to the conduct was made either explicitly or implicitly a term or condition of a person’s job, pay, or career.
(2)CA Military And Veterans Code § 475(c)(2) Submission to or rejection of the conduct by a person was used, or threatened to be used, as a basis for career or employment decisions affecting that person.
(3)CA Military And Veterans Code § 475(c)(3) The conduct had the purpose or effect of unreasonably interfering with any person’s work performance or created an intimidating, hostile, or offensive working environment for any person, and was so severe or pervasive that a reasonable person or a reasonable victim would have perceived that the work environment was hostile or offensive.