Hawaii House Bill HB2117

Hawaii 2022 Regular Session

• Introduced: 1/26/22
• Refer: 1/28/22
• Report Pass: 2/10/22
• Refer: 2/10/22

Caption

Relating To The Hawaii Code Of Military Justice.

Impact

The legislative discussion surrounding HB 2117 indicates a significant shift in how military discipline will be governed in Hawaii. By codifying military judicial procedures and punitive measures, the bill not only provides a clear framework for handling offenses but also places emphasis on the rights of individuals within the military justice system. The inclusion of non-judicial punishment and the establishment of state courts-martial jurisdiction allows for a more efficient management of military offenses, potentially streamlining the adjudication process and improving overall military order and discipline.

Summary

House Bill 2117 aims to update the Hawaii Code of Military Justice by repealing the existing chapter 124A and establishing a new framework for military justice within the state. The primary objective of this bill is to align Hawaii's military justice system more closely with the Uniform Code of Military Justice (UCMJ) that governs federal military forces. By making these updates, the bill seeks to enhance the discipline and procedural operations within the state military forces, particularly the National Guard, while they are not in federal service. This modification intends to introduce a more comprehensive and robust set of judicial procedures tied to military operations and conduct.

Sentiment

Overall sentiment towards HB 2117 appears positive among military leaders and advocates for military reform, who argue that the bill will promote a more effective disciplinary structure. Conversely, there may be consideration from certain quarters concerning the balance between command authority and individual rights, which could lead to debates over the protections afforded to service members within this enhanced judicial framework. Concerns may also arise regarding the implications of the new disciplinary options available to commanding officers.

Contention

Notable points of contention in the discussions around HB 2117 relate to fears that increased disciplinary authority could lead to potential abuses or unfair treatment of military personnel. The bill's provisions for appeals to civilian courts are intended to quell such concerns by providing an external check on military proceedings. Additionally, as the military justice system adapts to these changes, the effectiveness and fairness of these updated procedures will likely be scrutinized as they are put into practice.