Senate committee substitute to the 2nd edition makes the following changes.
Parts I and III.
Replaces references to “alarm systems” with “security systems” in GS 74D-30 and in the name of the licensing board authorized to implement the act’s changes under Part I of the act and to GS 14-415.12, GS 15A-151, and GS 93B-8.1.
Part II.
Makes technical correction to GS 74C-11(a).
Part VIII.
Removes changes to GS 127A-50 which would have amended the appointment of the court for summary courts-marital in the National Guard, so that it would have consisted of one officer, the state military judge, and a judge advocate who is detailed to the court as a hearing officer with authority to impose described fines and to take the specified adverse employment actions. Gives summary courts-martial officers who are military judges appointed under GS 127A-50.1 enhanced punishment authority to implement the described adverse employment actions. Clarifies that no such court can impose confinement as part of its sentence and there is no right to demand trial by general or special court-martial. Reinstates provisions describing the composition of the court, and its power to impose punishments. Makes clarifying and organizational changes.
Amends the requirements to be met to be appointed as a military judge to no longer require good standing in the bar of a federal court or the highest court of another state for at least ten years from GS 127A-50.1 (military judges) and instead just requires being in good standing of the bar of the highest court of this state. Authorizes the Adjutant General or the Staff Judge Advocate to detail military judges for all purposes for which military judges may be detailed, except that only those certified as a military judge by the Judge Advocate General of the United States Army, Air Force, Navy, Marines, or Coast Guard may preside over a general or special court-martial. Details when military judges for the Army National Guard and the Air National Guard may preside over courts-martial of the other. Clarifies that GS 127A-50.1 does not the preclude the detailing of a military judge from another component of the Armed Forces of the United States made available for detail, provided that such military judge has been certified by the Judge Advocate General from the military judge's component of the Armed Forces of the United States. Authorizes military judges appointed by the Adjutant General to issue investigative subpoenas, as described.
Limits those persons who can issue arrest warrants as part of the courts-martial powers to military judges certified by the Judge Advocate General of the US Army, Air Force, Navy, Marines, or Coast Guard, effective for warrants and orders issued on or after the act becomes law. (Currently, presidents of courts-martial and summary court officers vested with the arrest power under GS 127A-56.) Limits the power to punish for contempt of court to certified military judges (currently, presidents of court-martial and summary court officers have such power). Allows the Governor to delegate their approval authority of sentences under GS 127A-60 to the Adjutant General. Makes conforming changes to GS 127A-57 (execution of processes and sentences), effective for warrants and orders issued on or after the act becomes law; and to GS 127A-59 (sentences).
Statutes affected: Filed: 74C-2, 74C-3, 74C-9, 74C-11, 74C-12, 74C-13, 14-415.12, 15A-151, 93B-8.1, 18B-203, 127A-19, 127A-50, 127A-50.1
Edition 1: 74C-2, 74C-3, 74C-9, 74C-11, 74C-12, 74C-13, 14-415.12, 15A-151, 93B-8.1, 18B-203, 127A-19, 127A-50, 127A-50.1
Edition 2: 74C-2, 74C-3, 74C-9, 74C-11, 74C-12, 74C-13, 14-415.12, 15A-151, 93B-8.1, 18B-203, 18B-502, 127A-50, 127A-50.1
Edition 3: 74C-2, 74C-3, 74C-9, 74C-11, 74C-12, 74C-13, 14-415.12, 15A-151, 93B-8.1, 18B-203, 18B-502, 127A-50, 127A-50.1, 127A-56, 127A-57, 127A-59, 127A-60