HB 53 Summary

• Repeals the existing Chapter 11, Title 46, Idaho Code and replaces it with a comprehensive new "Idaho Code of Military Justice" based on the Model State Code of Military Justice.

• Establishes jurisdiction and procedures for court-martial proceedings in Idaho's state military forces (National Guard, naval militia, and other organized state military forces), including three types of courts-martial (general, special, and summary) with specific membership and procedural requirements.

• Creates a detailed system for nonjudicial punishment by commanding officers, pre-trial procedures including investigations and charges, trial procedures, sentencing guidelines, and post-trial review processes with appellate authority in state district courts.

• Authorizes arrest of military members by commanding officers (major rank or above) for failure to report to duty or for minor offenses, and allows issuance of warrants to civilian sheriffs and peace officers for enforcement.

• Grants immunity from personal liability to all persons acting under this code (military and civilian), requires the adjutant general to promulgate implementing regulations, and makes the code effective July 1, 2015.