Existing law authorizes a commanding officer in the state military forces to punish certain servicemen and servicewomen for minor offenses by imposing nonjudicial punishment. (NRS 412.286-412.302) Under existing law, an accused serviceman or servicewoman does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment. (NRS 412.2879) Sections 6-8 of this bill provide an accused serviceman or servicewoman with the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment. Existing law establishes the Office of the Military and requires the Office to supervise the military affairs of the State. (NRS 412.064) Section 2 of this bill requires the Office to implement a training program to inform servicemen and servicewomen of the right of an accused to demand a trial by court-martial. Section 3 of this bill requires the convening authority of the trial by court-martial to report to the Office the final disposition of each trial by court-martial where the accused serviceman or servicewoman demanded a court-martial in lieu of a nonjudicial punishment. Section 2 further requires the Office to submit an annual report to the Director of the Legislative Counsel Bureau for transmission to the Legislature or the Legislative Commission, as applicable, concerning: (1) the training program implemented by the Office; and (2) the number of trials by court-martial where an accused serviceman or servicewoman exercised his or her right to demand a court-martial and the final disposition of each such trial. Section 4 of this bill requires the Office to develop policies and adopt regulations to ensure fair and efficient administration of trials by court-martial. Section 5 of this bill provides that the duties of the Office, as provided in section 2, are not exclusive or a limitation on the powers and authority vested in the Office by other provisions of law.

Statutes affected:
As Introduced: 412.064, 412.066, 412.286, 412.2879, 412.293
BDR: 412.064, 412.066, 412.286, 412.2879, 412.293