HB295ENGROSSED
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HB295
KHPTXUU-2
By Representatives Almond, Kiel, Robertson, Brown, Smith,
Oliver, Paschal, Starnes, Rehm
RFD: Military and Veterans Affairs
First Read: 18-Feb-25
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First Read: 18-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to military punishment; to amend Sections
31-2A-15 and 31-2A-19, as last amended by Act 2024-329, 2024
Regular Session, Code of Alabama 1975, to revise and further
provide for the ranks of members that may take and have taken
against them certain disciplinary measures; and to further
provide for disciplinary measures that may be taken.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-2A-15 and 31-2A-19, as last
amended by Act 2024-329, 2024 Regular Session, Code of Alabama
1975, are amended to read as follows:
"§31-2A-15
(a) Under such regulations as prescribed, any
commanding officer may impose disciplinary punishments for
minor offenses without the intervention of a court-martial
pursuant to this article. The Governor, the Adjutant General,
or an officer in a general or flag rank in command may
delegate the powers under this article to a principal
assistant who is a member of the Alabama National Guard.
(b) For the purposes of this article, the term "day"
shall mean means any the following:
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shall mean means any the following:
(1) For the purposes of pay, one day shall equal one
active duty military payday.
(2) For all other purposes, one day shall equal one
calendar day.
(c) For the purposes of this part, all members must be
in military status when punishment is imposed.
(d) Any commanding officer serving as a brigade or
battalion level commander (Army) or wing/group/base or the
commander of a geographically separated unit (Air) may impose
upon enlisted members of the officer's command any of the
following:
(1) An admonition.
(2) A reprimand.
(3) The withholding of privileges for up to six
consecutive months.
(4) The forfeiture of pay of up to 12 days.
(5) A reduction to the next inferior pay grade of an
enlisted member who is E-6 and below.
(6) A reduction to the lowest or any intermediate pay
grade of an enlisted member who is E-4 and below.
(6)(7) Extra duties, including fatigue or other duties,
for up to eight days, which need not be consecutive.
(7)(8) Restriction to certain specified limits, with or
without suspension from duty, for not more than 14 days, which
need not be consecutive.
(e) The Governor, the Adjutant General, an officer
exercising general court-martial convening authority, or an
officer of a general or flag rank in command may impose both
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officer of a general or flag rank in command may impose both
any of the following:
(1) Upon officers of the officer's command, any
punishment authorized in subdivisions (1) through (4), (6)
(7), and (7) (8) of subsection (d).
(2) Upon enlisted members of the officer's command that
are E-9 and below , any punishment authorized in subsection
(d).
(3) A reduction of not more than two pay grades of
enlisted members that are E-5 through E-9.
(f) Whenever any of those punishments are combined to
run consecutively, the total length of the combined punishment
cannot exceed the authorized duration of the longest
punishment in the combination, and there must be an
apportionment of punishments so that no single punishment in
the combination exceeds its authorized length under this
article.
(g) Prior to the offer of non-judicial punishment, the
commanding officer shall determine whether restriction shall
be considered as a punishment. The determination of whether
restriction is a punishment option does not prohibit the
accused from requesting his or her right to demand trial by
special court-martial.
(h) The officer who imposes the punishment, or the
successor in command, at any time, may suspend, set aside,
mitigate, or remit any part or amount of the punishment and
restore all rights, privileges, and property affected. The
officer also may do either of the following:
(1) Mitigate reduction in grade to forfeiture of pay.
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(1) Mitigate reduction in grade to forfeiture of pay.
(2) Mitigate extra duties to restriction.
The mitigated punishment shall not be for a greater
period than the punishment mitigated. When mitigating
reduction in grade to forfeiture of pay, the amount of the
forfeiture shall not be greater than the amount that could
have been imposed initially under this article by the officer
who imposed the punishment mitigated.
(i) An individual punished under this article who
considers the punishment unjust or disproportionate to the
offense, through the proper channel, may appeal to the next
superior authority within 30 days after the punishment is
either announced or sent to the accused, as the commander may
determine. The appeal shall be promptly forwarded and decided.
During the pendency of the appeal, the punishment shall not be
implemented. The superior authority may exercise the same
powers with respect to the punishment imposed as may be
exercised under subsection (h) by the officer who imposed the
punishment. Before acting on an appeal from a punishment, the
authority that is to act on the appeal may refer the case to a
judge advocate for consideration and advice.
(j) The imposition and enforcement of disciplinary
punishment under this article for any act or omission is not a
bar to trial by court-martial or a civilian court of competent
jurisdiction for a serious crime or offense growing out of the
same act or omission and not properly punishable under this
article; however, the fact that a disciplinary punishment has
been enforced may be shown by the accused upon trial and, when
shown, it shall be considered in determining the measure of
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shown, it shall be considered in determining the measure of
punishment to be adjudged in the event of a finding of guilty.
(k) Whenever a punishment of forfeiture of pay is
imposed under this article, the forfeiture may apply to pay
accruing before, on, or after the date the punishment is
imposed.
(l) Regulations may prescribe the form of records to be
kept of proceedings under this article and may require that
certain categories of those proceedings be in writing.
(m) The accused shall be informed of the location of
and right to consult counsel with regard to any non-judicial
punishment. The commander shall ensure the accused is given
appropriate means to contact counsel."
"§31-2A-19
Subject to Section 31-2A-17 (Article 17), special
courts-martial have jurisdiction to try individuals subject to
this code for military-specific offenses made punishable by
this code, and under such limitations as the Governor may
prescribe, may adjudge any punishment not forbidden by this
code except dishonorable discharge, dismissal, confinement for
more than six months, or forfeiture of pay exceeding 24 days.
Additional punishments under this section include reduction of
soldiers or airmen in the rank of E-6 E-9 and below to the
rank of E-1. Soldiers or airmen in the rank of E-7 through E-9
may be reduced to the rank of E-4. Officers may be reduced in
rank to the highest rank where the officer last served
honorably before the underlying offense occurred."
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Military and Veterans
Affairs
................18-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................27-Feb-25
Read for the third time and passed
as amended
Yeas 96
Nays 0
Abstains 6
................04-Mar-25
John Treadwell
Clerk
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