The State MilitiaMilitary Courts
Section § 450
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.
Section § 450.1
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.
Section § 451
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.
Section § 452
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.
Section § 453
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.
Section § 454
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.
Section § 455
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.
Section § 455.1
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.
Section § 456
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.
Section § 457
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.
Section § 458
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.
Section § 458.1
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.
Section § 458.2
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.
Section § 459
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.
Section § 460
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.
Section § 461
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.
Section § 462
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.
Section § 463
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.
Section § 464
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.
Section § 465
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.
Section § 466
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.
Section § 467
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.
Section § 468
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.
Section § 469
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.
Section § 470
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.
Section § 470.5
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.
Section § 471
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.
Section § 472
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.
Section § 473
This section refers to another part of the code (section 300) that deals with the establishment of courts specifically for the Naval Militia.
Section § 474
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.
Section § 475
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.