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NC H1412

Bill

Status

Passed

8/4/2010

Primary Sponsor

Richard Glazier

Click for details

Origin

House of Representatives

2010 Session

AI Summary

  • Aligns North Carolina National Guard courts-martial procedures with the Uniform Code of Military Justice and Manual for Courts-Martial used by U.S. armed forces, replacing outdated specific punishment provisions with references to federal standards.

  • Establishes confinement limits: general courts-martial capped at one year and one day, special courts-martial capped at six months, and summary courts-martial prohibited from imposing confinement.

  • Creates appellate review process allowing defendants sentenced to confinement to appeal to Wake County Superior Court within 10 days, with further discretionary review available to the Court of Appeals under specified circumstances.

  • Requires military judges for courts-martial to be certified by a Judge Advocate General and designated as a judge advocate, replacing previous requirement of state law license.

  • Routes confinement sentences through the Department of Correction and Wake County rather than local sheriffs, and centralizes sentence documentation through the Wake County Clerk of Superior Court.

Legislative Description

Courts-Martial Amendments

Last Action

Ch. SL 2010-193

8/4/2010

Committee Referrals

Judiciary I7/1/2010
Homeland Security, Military, and Veterans Affairs6/30/2010
Judiciary I5/20/2009
Judiciary I5/6/2009
Homeland Security, Military, and Veterans Affairs4/13/2009

Full Bill Text

No bill text available