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NC H1412
Bill
Status
8/4/2010
Primary Sponsor
Richard Glazier
Click for details
AI Summary
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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procedures with the Uniform Code of Military Justice and Manual for Courts-Martial used by U.S. armed forces, replacing outdated specific punishment provisions with references to federal standards.
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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.
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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.
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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.
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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