The bill amends Section 46-1102 of the Idaho Code, which governs the Model State Code of Military Justice, with significant updates aimed at modernizing the military justice system. Key revisions include changing the term "midshipman" to "candidate," clarifying the definition of "cadet," and expanding the definition of "commanding officer" to include those administering nonjudicial punishment. The bill emphasizes gender neutrality and introduces provisions for the rights of victims, ensuring they are protected and informed throughout the judicial process. Victims are granted rights such as protection from the accused and the opportunity to be heard during proceedings.
Additionally, the bill modifies various procedures related to court-martial processes, including the jurisdiction of summary courts-martial, the roles of trial and defense counsel, and the imposition of punishments. It establishes that enlisted members E-6 and below do not have the right to object to summary court-martial trials, while those E-7 and above do. The bill also outlines the appellate review process, clarifying the conditions under which the state may appeal military judges' rulings and mandating written notice of appeal from trial counsel. Overall, the legislation aims to enhance procedural clarity, fairness, and accountability within the military justice system while safeguarding the rights of all parties involved.
Statutes affected: Bill Text: 46-1102