Researcher: JS Page 1 3/30/22
OLR Bill Analysis
sHB 5373
AN ACT ESTABLISHING CONCURRENT JURISDICTION WITH THE
UNITED STATES OVER OFFENSES COMMITTED BY MINORS ON
FEDERAL MILITARY INSTALLATIONS IN THIS STATE.
SUMMARY
This bill requires the state to exercise concurrent jurisdiction with the
United States in matters where (1) a minor has violated federal law
while on a U.S. Department of Defense (DOD) military installation, (2)
the installation is located on land that the state previously ceded
exclusive jurisdiction over to the federal government, and (3) the U.S.
Attorney or U.S. District Court for the state waives exclusive jurisdiction
over that matter.
Existing law allows the governor to accept back, on behalf of the state,
concurrent or exclusive jurisdiction over these and other areas where
the state has ceded exclusive jurisdiction to the federal government.
EFFECTIVE DATE: October 1, 2022
BACKGROUND
Exclusive and Concurrent Jurisdiction
When the federal government has exclusive jurisdiction over land, it
means the laws and statutes governing those areas are those of the
federal government, not the states.
Concurrent jurisdiction is where both the state and the federal
government have the independent authority to apply and enforce their
laws, so long as there is no interference with the federal government’s
use of federal land.
Federal Authority to Establish Concurrent Jurisdiction Over
Military Installations
DOD cannot prosecute individuals who are not subject to the Uniform 2022HB-05373-R000207-BA.DOCX
Researcher: JS Page 2 3/30/22
Code of Military Justice (UCMJ), such as minors. As a result, any
prosecutions of minors for crimes they commit on installations over which
the federal government has exclusive jurisdiction generally must occur
under federal law.
Federal law authorizes the secretaries of the military departments
(Army, Navy, and Air Force) to relinquish to a state full or partial
jurisdiction over lands or interests under the secretary’s control in that
state. They may do so (1) by filing a notice of relinquishment with the
governor, which takes effect upon the governor’s acceptance of it, or (2)
as the state’s laws provide (10 U.S.C. § 2683).
In a June 4, 2019 letter, the DOD deputy undersecretary directed the
military department secretaries to seek, under this federal law, to
establish concurrent jurisdiction with states over all offenses committed
on military installations by minors who are not subject to the UCMJ. When
concurrent jurisdiction is established, states’ juvenile courts can hear and
decide on juvenile offenses that occur on these military installations.
COMMITTEE ACTION
Veterans' Affairs Committee
Joint Favorable
Yea 16 Nay 0 (03/15/2022)