HB412 Engrossed is a comprehensive bill that amends the Alabama Code of Military Justice, introducing new legal language and deleting certain existing provisions. The bill redefines terms such as "accuser," "classified information," and "judge advocate," and introduces the role of "Clerk of the Court." It also revises the definitions of "cadet," "candidate," and "midshipman," clarifies the meaning of a "day" in military punishment, and updates the jurisdiction of military law to apply to all members of the state military forces at all times and places, with some exceptions. The bill outlines the duties of the State Staff Judge Advocate, revises apprehension and custody procedures, and specifies disciplinary punishments that commanding officers can impose, including increasing the maximum forfeiture of pay and extending the maximum restriction period.

The bill also restructures the subsections related to non-judicial punishments, allowing officers to impose certain punishments upon members of their command and extending the time to appeal a punishment from 5 to 30 days. It specifies the qualifications for military judges, including bar membership and certification, and outlines procedures for replacing military judges and preferring charges. The bill amends pretrial, trial, and post-trial procedures, adopting principles of law and rules of court under the State of Alabama, and clarifies the rights of the accused to counsel and the processes for obtaining witnesses and evidence. It changes the voting procedures in court-martial cases and asserts that the Alabama Constitution does not apply to court-martial proceedings. Lastly, the bill modifies record-keeping requirements, rules regarding the forfeiture of pay, and the composition of the Military Court-Martial Review Panel, and defines criminal trespass within military jurisdiction. The bill repeals several sections of the Code of Alabama 1975 and is set to become effective on October 1, 2024, having passed the House of Representatives with unanimous support.

Statutes affected:
Introduced: 31-2A-1, 31-2A-2, 31-2A-6, 31-2A-7, 31-2A-12, 31-2A-15, 31-2A-16, 31-2A-19, 31-2A-22, 31-2A-26, 31-2A-29, 31-2A-30, 31-2A-34, 31-2A-35, 31-2A-36, 31-2A-38, 31-2A-46, 31-2A-51, 31-2A-52, 31-2A-54, 31-2A-58, 31-2A-66, 31-2A-73, 31-2A-112, 31-2A-112, 31-2A-130, 31-2A-136, 31-2A-26, 31-2A-99, 31-2A-100, 31-2A-101, 31A-2A-102, 31-2A-104, 31-2A-105, 31-2A-110, 31-2A-112, 31-2A-112, 31-2A-114, 31-2A-143, 31-2A-148, 31-2A-149, 31-2A-1, 31-2A-2, 31-2A-6, 31-2A-7, 31-2A-12, 31-2A-15, 31-2A-16, 31-2A-19, 31-2A-22, 31-2A-26, 31-2A-29, 31-2A-30, 31-2A-34, 31-2A-35, 31-2A-36, 31-2A-38, 31-2A-46, 31-2A-51, 31-2A-52, 31-2A-54, 31-2A-58, 31-2A-66, 31-2A-73, 31-2A-112, 31-2A-112, 31-2A-130, 31-2A-136, 31-2A-1, 31-2A-15, 31-2A-26, 31-2A-26, 31-2-3, 31-2-3, 31-2A-2, 31-2A-6, 31-2A-7, 31-2-106, 31-2A-12, 31-2A-15, 31-2A-16, 31-2A-19, 31-2A-17, 31-2A-22, 31-2A-26, 31-2A-29, 31-2A-16, 31-2A-16, 31-2A-16, 31-2A-30, 31-2A-136, 31-2A-34, 31-2A-32, 31-2A-35, 31-2A-36, 31-2A-38, 31-2A-32, 31-2A-27, 31-2A-27, 31-2A-60, 31-2A-46, 31-2A-51, 31-2A-52, 31-2A-52, 31-2A-45, 31-2A-54, 31-2A-58, 31-2A-57, 31-2A-60, 31-2A-66, 31-2A-73, 31-2A-112
Engrossed: 31-2A-1, 31-2A-2, 31-2A-6, 31-2A-7, 31-2A-12, 31-2A-15, 31-2A-16, 31-2A-19, 31-2A-22, 31-2A-26, 31-2A-29, 31-2A-30, 31-2A-34, 31-2A-35, 31-2A-36, 31-2A-38, 31-2A-46, 31-2A-51, 31-2A-52, 31-2A-54, 31-2A-58, 31-2A-66, 31-2A-73, 31-2A-130, 31-2A-136