| 16 | 18 | | Relating to military punishment; to amend Sections |
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| 17 | 19 | | 31-2A-15 and 31-2A-19, as last amended by Act 2024-329, 2024 |
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| 18 | 20 | | Regular Session, Code of Alabama 1975, to revise and further |
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| 19 | 21 | | provide for the ranks of members that may take and have taken |
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| 20 | 22 | | against them certain disciplinary measures; and to further |
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| 21 | 23 | | provide for disciplinary measures that may be taken. |
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| 22 | 24 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 23 | 25 | | Section 1. Sections 31-2A-15 and 31-2A-19, as last |
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| 24 | 26 | | amended by Act 2024-329, 2024 Regular Session, Code of Alabama |
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| 25 | 27 | | 1975, are amended to read as follows: |
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| 26 | 28 | | "§31-2A-15 |
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| 27 | 29 | | (a) Under such regulations as prescribed, any |
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| 28 | 30 | | commanding officer may impose disciplinary punishments for |
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| 29 | 31 | | minor offenses without the intervention of a court-martial |
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| 30 | 32 | | pursuant to this article. The Governor, the Adjutant General, |
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| 31 | 33 | | or an officer in a general or flag rank in command may |
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| 32 | 34 | | delegate the powers under this article to a principal |
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| 33 | 35 | | assistant who is a member of the Alabama National Guard. |
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| 34 | 36 | | (b) For the purposes of this article, the term "day" |
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| 35 | 37 | | shall mean means any the following: |
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| 70 | 72 | | (c) For the purposes of this part, all members must be |
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| 71 | 73 | | in military status when punishment is imposed. |
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| 72 | 74 | | (d) Any commanding officer serving as a brigade or |
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| 73 | 75 | | battalion level commander (Army) or wing/group/base or the |
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| 74 | 76 | | commander of a geographically separated unit (Air) may impose |
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| 75 | 77 | | upon enlisted members of the officer's command any of the |
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| 76 | 78 | | following: |
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| 77 | 79 | | (1) An admonition. |
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| 78 | 80 | | (2) A reprimand. |
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| 79 | 81 | | (3) The withholding of privileges for up to six |
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| 80 | 82 | | consecutive months. |
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| 81 | 83 | | (4) The forfeiture of pay of up to 12 days. |
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| 82 | 84 | | (5) A reduction to the next inferior pay grade of an |
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| 83 | 85 | | enlisted member who is E-6 and below. |
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| 84 | 86 | | (6) A reduction to the lowest or any intermediate pay |
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| 85 | 87 | | grade of an enlisted member who is E-4 and below. |
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| 86 | 88 | | (6)(7) Extra duties, including fatigue or other duties, |
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| 87 | 89 | | for up to eight days, which need not be consecutive. |
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| 88 | 90 | | (7)(8) Restriction to certain specified limits, with or |
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| 89 | 91 | | without suspension from duty, for not more than 14 days, which |
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| 90 | 92 | | need not be consecutive. |
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| 91 | 93 | | (e) The Governor, the Adjutant General, an officer |
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| 92 | 94 | | exercising general court-martial convening authority, or an |
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| 93 | 95 | | officer of a general or flag rank in command may impose both |
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| 128 | 130 | | (2) Upon enlisted members of the officer's command that |
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| 129 | 131 | | are E-9 and below , any punishment authorized in subsection |
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| 130 | 132 | | (d). |
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| 131 | 133 | | (3) A reduction of not more than two pay grades of |
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| 132 | 134 | | enlisted members that are E-6 or below. |
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| 133 | 135 | | (f) Whenever any of those punishments are combined to |
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| 134 | 136 | | run consecutively, the total length of the combined punishment |
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| 135 | 137 | | cannot exceed the authorized duration of the longest |
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| 136 | 138 | | punishment in the combination, and there must be an |
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| 137 | 139 | | apportionment of punishments so that no single punishment in |
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| 138 | 140 | | the combination exceeds its authorized length under this |
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| 139 | 141 | | article. |
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| 140 | 142 | | (g) Prior to the offer of non-judicial punishment, the |
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| 141 | 143 | | commanding officer shall determine whether restriction shall |
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| 142 | 144 | | be considered as a punishment. The determination of whether |
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| 143 | 145 | | restriction is a punishment option does not prohibit the |
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| 144 | 146 | | accused from requesting his or her right to demand trial by |
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| 145 | 147 | | special court-martial. |
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| 146 | 148 | | (h) The officer who imposes the punishment, or the |
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| 147 | 149 | | successor in command, at any time, may suspend, set aside, |
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| 148 | 150 | | mitigate, or remit any part or amount of the punishment and |
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| 149 | 151 | | restore all rights, privileges, and property affected. The |
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| 150 | 152 | | officer also may do either of the following: |
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| 151 | 153 | | (1) Mitigate reduction in grade to forfeiture of pay. |
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| 186 | 188 | | forfeiture shall not be greater than the amount that could |
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| 187 | 189 | | have been imposed initially under this article by the officer |
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| 188 | 190 | | who imposed the punishment mitigated. |
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| 189 | 191 | | (i) An individual punished under this article who |
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| 190 | 192 | | considers the punishment unjust or disproportionate to the |
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| 191 | 193 | | offense, through the proper channel, may appeal to the next |
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| 192 | 194 | | superior authority within 30 days after the punishment is |
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| 193 | 195 | | either announced or sent to the accused, as the commander may |
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| 194 | 196 | | determine. The appeal shall be promptly forwarded and decided. |
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| 195 | 197 | | During the pendency of the appeal, the punishment shall not be |
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| 196 | 198 | | implemented. The superior authority may exercise the same |
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| 197 | 199 | | powers with respect to the punishment imposed as may be |
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| 198 | 200 | | exercised under subsection (h) by the officer who imposed the |
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| 199 | 201 | | punishment. Before acting on an appeal from a punishment, the |
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| 200 | 202 | | authority that is to act on the appeal may refer the case to a |
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| 201 | 203 | | judge advocate for consideration and advice. |
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| 202 | 204 | | (j) The imposition and enforcement of disciplinary |
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| 203 | 205 | | punishment under this article for any act or omission is not a |
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| 204 | 206 | | bar to trial by court-martial or a civilian court of competent |
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| 205 | 207 | | jurisdiction for a serious crime or offense growing out of the |
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| 206 | 208 | | same act or omission and not properly punishable under this |
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| 207 | 209 | | article; however, the fact that a disciplinary punishment has |
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| 208 | 210 | | been enforced may be shown by the accused upon trial and, when |
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| 209 | 211 | | shown, it shall be considered in determining the measure of |
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| 244 | 246 | | imposed. |
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| 245 | 247 | | (l) Regulations may prescribe the form of records to be |
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| 246 | 248 | | kept of proceedings under this article and may require that |
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| 247 | 249 | | certain categories of those proceedings be in writing. |
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| 248 | 250 | | (m) The accused shall be informed of the location of |
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| 249 | 251 | | and right to consult counsel with regard to any non-judicial |
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| 250 | 252 | | punishment. The commander shall ensure the accused is given |
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| 251 | 253 | | appropriate means to contact counsel." |
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| 252 | 254 | | "§31-2A-19 |
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| 253 | 255 | | Subject to Section 31-2A-17 (Article 17), special |
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| 254 | 256 | | courts-martial have jurisdiction to try individuals subject to |
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| 255 | 257 | | this code for military-specific offenses made punishable by |
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| 256 | 258 | | this code, and under such limitations as the Governor may |
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| 257 | 259 | | prescribe, may adjudge any punishment not forbidden by this |
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| 258 | 260 | | code except dishonorable discharge, dismissal, confinement for |
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| 259 | 261 | | more than six months, or forfeiture of pay exceeding 24 days. |
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| 260 | 262 | | Additional punishments under this section include reduction of |
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| 261 | 263 | | soldiers or airmen in the rank of E-6 E-9 and below to the |
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| 262 | 264 | | rank of E-1. Soldiers or airmen in the rank of E-7 through E-9 |
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| 263 | 265 | | may be reduced to the rank of E-4. Officers may be reduced in |
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| 264 | 266 | | rank to the highest rank where the officer last served |
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| 265 | 267 | | honorably before the underlying offense occurred." |
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| 266 | 268 | | Section 2. This act shall become effective on October |
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| 267 | 269 | | 1, 2025. |
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