The bill amends Section 46-1102 of the Idaho Code, which governs the Model State Code of Military Justice, introducing several revisions aimed at enhancing clarity, fairness, and gender neutrality within military law. Key changes include the replacement of "midshipman" with "candidate," and a refined definition of "commanding officer" to encompass commissioned officers with primary command authority over state militia organizations. The bill also revises provisions related to apprehension, restraint, and nonjudicial punishment, ensuring that no warrantless arrests for misdemeanor offenses are permitted unless the offense occurs in the presence of the apprehender. Additionally, it establishes new rights for victims of military offenses, including the right to be heard during hearings and to receive timely notifications of proceedings.

Further amendments focus on the procedures and jurisdiction of courts-martial, expanding the jurisdiction to include officers, cadets, and officer candidates while removing midshipmen from this category. The bill clarifies the roles of military judges and trial counsel, stipulating that trial counsel must be a member of "a" state bar and limiting representation of the accused to one military counsel unless additional counsel is appointed. It also introduces provisions for the use of DNA evidence, the rights of the accused, and the handling of witness testimony. Overall, the bill aims to strengthen the legal framework governing military conduct, enhance the rights of both victims and accused individuals, and ensure adherence to legal standards within military judicial processes.

Statutes affected:
Bill Text: 46-1102