O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 22-63—sHB 5373
Veterans' Affairs Committee
Judiciary Committee
AN ACT ESTABLISHING CONCURRENT JURISDICT ION WITH THE
UNITED STATES OVER O FFENSES COMMITTED BY MINORS ON
FEDERAL MILITARY INS TALLATIONS IN THIS STATE
SUMMARY: This act 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
state.
Concurrent jurisdiction means both the state and the federal government
generally 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 Code of
Military Justice (UCMJ), such as minors. As a result, any prosecutions of minors for
crimes they commit on military installations over which the federal government has
exclusive jurisdiction generally must occur under federal law. When concurrent
jurisdiction is established, states’ juvenile courts generally may hear and decide on
juvenile offenses that occur on these military installations.
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).