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HI SB3085

Bill

Status

Enrolled

5/3/2022

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2022 Regular Session

AI Summary

S.B. 3085 Summary

  • Repeals and replaces Chapter 124A of Hawaii Revised Statutes with a comprehensive new Hawaii Code of Military Justice applicable to all state military forces when not in federal service

  • Establishes three types of courts-martial (general, special, and summary) with detailed procedures for composition, trial processes, appeals, and sentencing, modeled on the Uniform Code of Military Justice and American Bar Association's Model State Code

  • Authorizes nonjudicial punishment by commanding officers for minor offenses with specific limits on penalties (admonitions, reprimands, pay forfeiture, reduction in grade, extra duties, and restriction)

  • Defines military offenses and civilian crimes with clear jurisdictional rules: courts-martial have primary jurisdiction over military offenses; civilian courts have primary jurisdiction over non-military offenses

  • Creates appellate review procedures including preliminary hearings, convening authority review, state judge advocate review, and judicial review by Hawaii intermediate appellate and supreme courts with victim rights protections

Legislative Description

Relating To The Hawaii Code Of Military Justice.

Department of Defense

Last Action

Enrolled to Governor.

5/6/2022

Committee Referrals

Finance3/24/2022
Judiciary & Hawaiian Affairs3/18/2022
Corrections, Military, & Veterans3/10/2022
Judiciary2/14/2022
Public Safety, Intergovernmental and Military Affairs1/26/2022

Full Bill Text

No bill text available