| 17 | 28 | | A BILL |
|---|
| 18 | 29 | | TO BE ENTITLED |
|---|
| 19 | 30 | | AN ACT |
|---|
| 20 | 31 | | Relating to military punishment; to amend Sections |
|---|
| 21 | 32 | | 31-2A-15 and 31-2A-19, as last amended by Act 2024-329, 2024 |
|---|
| 22 | 33 | | Regular Session, Code of Alabama 1975, to revise and further |
|---|
| 23 | 34 | | provide for the ranks of members that may take and have taken |
|---|
| 24 | 35 | | against them certain disciplinary measures; and to further |
|---|
| 25 | 36 | | provide for disciplinary measures that may be taken. |
|---|
| 26 | 37 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 27 | 38 | | Section 1. Sections 31-2A-15 and 31-2A-19, as last |
|---|
| 28 | | - | amended by Act 2024-329, 2024 Regular Session, Code of Alabama |
|---|
| 29 | | - | 1975, are amended to read as follows: |
|---|
| 30 | | - | "§31-2A-15 |
|---|
| 31 | | - | (a) Under such regulations as prescribed, any |
|---|
| 32 | | - | commanding officer may impose disciplinary punishments for |
|---|
| 33 | | - | minor offenses without the intervention of a court-martial |
|---|
| 34 | | - | pursuant to this article. The Governor, the Adjutant General, |
|---|
| 35 | | - | or an officer in a general or flag rank in command may |
|---|
| 36 | | - | delegate the powers under this article to a principal |
|---|
| 37 | | - | assistant who is a member of the Alabama National Guard. |
|---|
| 38 | | - | (b) For the purposes of this article, the term "day" |
|---|
| 39 | | - | shall mean means any the following: |
|---|
| 68 | + | Section 1. Sections 31-2A-15 and 31-2A-19, as last |
|---|
| 69 | + | amended by Act 2024-329, 2024 Regular Session, Code of Alabama |
|---|
| 70 | + | 1975, are amended to read as follows: |
|---|
| 71 | + | "§31-2A-15 |
|---|
| 72 | + | (a) Under such regulations as prescribed, any |
|---|
| 73 | + | commanding officer may impose disciplinary punishments for |
|---|
| 74 | + | minor offenses without the intervention of a court-martial |
|---|
| 75 | + | pursuant to this article. The Governor, the Adjutant General, |
|---|
| 76 | + | or an officer in a general or flag rank in command may |
|---|
| 77 | + | delegate the powers under this article to a principal |
|---|
| 78 | + | assistant who is a member of the Alabama National Guard. |
|---|
| 79 | + | (b) For the purposes of this article, the term "day" |
|---|
| 69 | 80 | | shall mean means any the following: |
|---|
| 70 | 81 | | (1) For the purposes of pay, one day shall equal one |
|---|
| 71 | 82 | | active duty military payday. |
|---|
| 72 | 83 | | (2) For all other purposes, one day shall equal one |
|---|
| 73 | 84 | | calendar day. |
|---|
| 74 | 85 | | (c) For the purposes of this part, all members must be |
|---|
| 75 | 86 | | in military status when punishment is imposed. |
|---|
| 76 | 87 | | (d) Any commanding officer serving as a brigade or |
|---|
| 77 | 88 | | battalion level commander (Army) or wing/group/base or the |
|---|
| 78 | 89 | | commander of a geographically separated unit (Air) may impose |
|---|
| 79 | 90 | | upon enlisted members of the officer's command any of the |
|---|
| 80 | 91 | | following: |
|---|
| 81 | 92 | | (1) An admonition. |
|---|
| 82 | 93 | | (2) A reprimand. |
|---|
| 83 | 94 | | (3) The withholding of privileges for up to six |
|---|
| 84 | 95 | | consecutive months. |
|---|
| 85 | 96 | | (4) The forfeiture of pay of up to 12 days. |
|---|
| 86 | | - | (5) A reduction to the next inferior pay grade of an |
|---|
| 87 | | - | enlisted member who is E-6 and below. |
|---|
| 88 | | - | (6) A reduction to the lowest or any intermediate pay |
|---|
| 89 | | - | grade of an enlisted member who is E-4 and below. |
|---|
| 90 | | - | (6)(7) Extra duties, including fatigue or other duties, |
|---|
| 91 | | - | for up to eight days, which need not be consecutive. |
|---|
| 92 | | - | (7)(8) Restriction to certain specified limits, with or |
|---|
| 93 | | - | without suspension from duty, for not more than 14 days, which |
|---|
| 94 | | - | need not be consecutive. |
|---|
| 95 | | - | (e) The Governor, the Adjutant General, an officer |
|---|
| 96 | | - | exercising general court-martial convening authority, or an |
|---|
| 97 | | - | officer of a general or flag rank in command may impose both |
|---|
| 126 | + | (4) The forfeiture of pay of up to 12 days. |
|---|
| 127 | + | (5) A reduction to the next inferior pay grade of an |
|---|
| 128 | + | enlisted member who is E-6 and below. |
|---|
| 129 | + | (6) A reduction to the lowest or any intermediate pay |
|---|
| 130 | + | grade of an enlisted member who is E-4 and below. |
|---|
| 131 | + | (6)(7) Extra duties, including fatigue or other duties, |
|---|
| 132 | + | for up to eight days, which need not be consecutive. |
|---|
| 133 | + | (7)(8) Restriction to certain specified limits, with or |
|---|
| 134 | + | without suspension from duty, for not more than 14 days, which |
|---|
| 135 | + | need not be consecutive. |
|---|
| 136 | + | (e) The Governor, the Adjutant General, an officer |
|---|
| 137 | + | exercising general court-martial convening authority, or an |
|---|
| 144 | | - | (g) Prior to the offer of non-judicial punishment, the |
|---|
| 145 | | - | commanding officer shall determine whether restriction shall |
|---|
| 146 | | - | be considered as a punishment. The determination of whether |
|---|
| 147 | | - | restriction is a punishment option does not prohibit the |
|---|
| 148 | | - | accused from requesting his or her right to demand trial by |
|---|
| 149 | | - | special court-martial. |
|---|
| 150 | | - | (h) The officer who imposes the punishment, or the |
|---|
| 151 | | - | successor in command, at any time, may suspend, set aside, |
|---|
| 152 | | - | mitigate, or remit any part or amount of the punishment and |
|---|
| 153 | | - | restore all rights, privileges, and property affected. The |
|---|
| 154 | | - | officer also may do either of the following: |
|---|
| 155 | | - | (1) Mitigate reduction in grade to forfeiture of pay. |
|---|
| 184 | + | article. |
|---|
| 185 | + | (g) Prior to the offer of non-judicial punishment, the |
|---|
| 186 | + | commanding officer shall determine whether restriction shall |
|---|
| 187 | + | be considered as a punishment. The determination of whether |
|---|
| 188 | + | restriction is a punishment option does not prohibit the |
|---|
| 189 | + | accused from requesting his or her right to demand trial by |
|---|
| 190 | + | special court-martial. |
|---|
| 191 | + | (h) The officer who imposes the punishment, or the |
|---|
| 192 | + | successor in command, at any time, may suspend, set aside, |
|---|
| 193 | + | mitigate, or remit any part or amount of the punishment and |
|---|
| 194 | + | restore all rights, privileges, and property affected. The |
|---|
| 195 | + | officer also may do either of the following: |
|---|
| 185 | 196 | | (1) Mitigate reduction in grade to forfeiture of pay. |
|---|
| 186 | 197 | | (2) Mitigate extra duties to restriction. |
|---|
| 187 | 198 | | The mitigated punishment shall not be for a greater |
|---|
| 188 | 199 | | period than the punishment mitigated. When mitigating |
|---|
| 189 | 200 | | reduction in grade to forfeiture of pay, the amount of the |
|---|
| 190 | 201 | | forfeiture shall not be greater than the amount that could |
|---|
| 191 | 202 | | have been imposed initially under this article by the officer |
|---|
| 192 | 203 | | who imposed the punishment mitigated. |
|---|
| 193 | 204 | | (i) An individual punished under this article who |
|---|
| 194 | 205 | | considers the punishment unjust or disproportionate to the |
|---|
| 195 | 206 | | offense, through the proper channel, may appeal to the next |
|---|
| 196 | 207 | | superior authority within 30 days after the punishment is |
|---|
| 197 | 208 | | either announced or sent to the accused, as the commander may |
|---|
| 198 | 209 | | determine. The appeal shall be promptly forwarded and decided. |
|---|
| 199 | 210 | | During the pendency of the appeal, the punishment shall not be |
|---|
| 200 | 211 | | implemented. The superior authority may exercise the same |
|---|
| 201 | 212 | | powers with respect to the punishment imposed as may be |
|---|
| 202 | | - | exercised under subsection (h) by the officer who imposed the |
|---|
| 203 | | - | punishment. Before acting on an appeal from a punishment, the |
|---|
| 204 | | - | authority that is to act on the appeal may refer the case to a |
|---|
| 205 | | - | judge advocate for consideration and advice. |
|---|
| 206 | | - | (j) The imposition and enforcement of disciplinary |
|---|
| 207 | | - | punishment under this article for any act or omission is not a |
|---|
| 208 | | - | bar to trial by court-martial or a civilian court of competent |
|---|
| 209 | | - | jurisdiction for a serious crime or offense growing out of the |
|---|
| 210 | | - | same act or omission and not properly punishable under this |
|---|
| 211 | | - | article; however, the fact that a disciplinary punishment has |
|---|
| 212 | | - | been enforced may be shown by the accused upon trial and, when |
|---|
| 213 | | - | shown, it shall be considered in determining the measure of |
|---|
| 242 | + | powers with respect to the punishment imposed as may be |
|---|
| 243 | + | exercised under subsection (h) by the officer who imposed the |
|---|
| 244 | + | punishment. Before acting on an appeal from a punishment, the |
|---|
| 245 | + | authority that is to act on the appeal may refer the case to a |
|---|
| 246 | + | judge advocate for consideration and advice. |
|---|
| 247 | + | (j) The imposition and enforcement of disciplinary |
|---|
| 248 | + | punishment under this article for any act or omission is not a |
|---|
| 249 | + | bar to trial by court-martial or a civilian court of competent |
|---|
| 250 | + | jurisdiction for a serious crime or offense growing out of the |
|---|
| 251 | + | same act or omission and not properly punishable under this |
|---|
| 252 | + | article; however, the fact that a disciplinary punishment has |
|---|
| 253 | + | been enforced may be shown by the accused upon trial and, when |
|---|
| 243 | 254 | | shown, it shall be considered in determining the measure of |
|---|
| 244 | 255 | | punishment to be adjudged in the event of a finding of guilty. |
|---|
| 245 | 256 | | (k) Whenever a punishment of forfeiture of pay is |
|---|
| 246 | 257 | | imposed under this article, the forfeiture may apply to pay |
|---|
| 247 | 258 | | accruing before, on, or after the date the punishment is |
|---|
| 248 | 259 | | imposed. |
|---|
| 249 | 260 | | (l) Regulations may prescribe the form of records to be |
|---|
| 250 | 261 | | kept of proceedings under this article and may require that |
|---|
| 251 | 262 | | certain categories of those proceedings be in writing. |
|---|
| 252 | 263 | | (m) The accused shall be informed of the location of |
|---|
| 253 | 264 | | and right to consult counsel with regard to any non-judicial |
|---|
| 254 | 265 | | punishment. The commander shall ensure the accused is given |
|---|
| 255 | 266 | | appropriate means to contact counsel." |
|---|
| 256 | 267 | | "§31-2A-19 |
|---|
| 257 | 268 | | Subject to Section 31-2A-17 (Article 17), special |
|---|
| 258 | 269 | | courts-martial have jurisdiction to try individuals subject to |
|---|
| 259 | 270 | | this code for military-specific offenses made punishable by |
|---|
| 260 | | - | this code, and under such limitations as the Governor may |
|---|
| 261 | | - | prescribe, may adjudge any punishment not forbidden by this |
|---|
| 262 | | - | code except dishonorable discharge, dismissal, confinement for |
|---|
| 263 | | - | more than six months, or forfeiture of pay exceeding 24 days. |
|---|
| 264 | | - | Additional punishments under this section include reduction of |
|---|
| 265 | | - | soldiers or airmen in the rank of E-6 E-9 and below to the |
|---|
| 266 | | - | rank of E-1. Soldiers or airmen in the rank of E-7 through E-9 |
|---|
| 267 | | - | may be reduced to the rank of E-4. Officers may be reduced in |
|---|
| 268 | | - | rank to the highest rank where the officer last served |
|---|
| 269 | | - | honorably before the underlying offense occurred." |
|---|
| 270 | | - | Section 2. This act shall become effective on October |
|---|
| 271 | | - | 1, 2025. |
|---|
| 300 | + | this code for military-specific offenses made punishable by |
|---|
| 301 | + | this code, and under such limitations as the Governor may |
|---|
| 302 | + | prescribe, may adjudge any punishment not forbidden by this |
|---|
| 303 | + | code except dishonorable discharge, dismissal, confinement for |
|---|
| 304 | + | more than six months, or forfeiture of pay exceeding 24 days. |
|---|
| 305 | + | Additional punishments under this section include reduction of |
|---|
| 306 | + | soldiers or airmen in the rank of E-6 E-9 and below to the |
|---|
| 307 | + | rank of E-1. Soldiers or airmen in the rank of E-7 through E-9 |
|---|
| 308 | + | may be reduced to the rank of E-4. Officers may be reduced in |
|---|
| 309 | + | rank to the highest rank where the officer last served |
|---|
| 310 | + | honorably before the underlying offense occurred." |
|---|
| 311 | + | Section 2. This act shall become effective on October |
|---|