S.B. 95
- *SB95*
SENATE BILL NO. 95–SENATOR KRASNER
PREFILED JANUARY 13, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing military justice.
(BDR 36-11)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to military justice; providing a serviceman or
servicewoman of the Nevada National Guard with the
right to demand a trial by court-martial in lieu of
accepting nonjudicial punishment; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a commanding officer in the state military forces to 1
punish certain servicemen and servicewomen for minor offenses by imposing 2
nonjudicial punishment. (NRS 412.286-412.302) Under existing law, an accused 3
serviceman or servicewoman does not have the right to demand a trial by court-4
martial in lieu of accepting the nonjudicial punishment. (NRS 412.2879) Sections 5
1-3 of this bill provide an accused serviceman or servicewoman with the right to 6
demand a trial by court-martial instead of accepting the nonjudicial punishment. 7
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 412.286 is hereby amended to read as follows: 1
412.286 1. Under Office regulations, limitations may be 2
placed on the powers granted by NRS 412.286 to 412.302, 3
inclusive, with respect to the kind and amount of punishment 4
authorized , [and] the categories of commanding officers and 5
warrant officers exercising command authorized to exercise those 6
powers [.] , the applicability of NRS 412.286 to 412.302, inclusive, 7
to an accused who demands trial by court-martial and the kinds of 8
courts-martial to which the case may be referred upon such a 9
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demand. However, punishment may not be imposed upon any 1
member of the Nevada National Guard under NRS 412.286 to 2
412.302, inclusive, if the member has, before the imposition of 3
such punishment, demanded trial by court-martial in lieu of such 4
punishment. Under Office regulations, rules may be prescribed with 5
respect to the suspension of punishments authorized hereunder. If 6
authorized by Office regulations, a commanding officer exercising 7
general court-martial jurisdiction or an officer of general rank in 8
command may delegate his or her powers under NRS 412.286 to 9
412.302, inclusive, to a principal assistant. 10
2. When nonjudicial punishment has been imposed for an 11
offense, nonjudicial punishment may not again be imposed for the 12
same offense. Administrative action can be taken for the same 13
offense and will not be considered double punishment under the 14
Code. For the purposes of this subsection, “same offense” means an 15
offense that was part of a single incident or course of conduct. 16
3. After nonjudicial punishment has been imposed, it may not 17
be increased, upon appeal or otherwise, unless the punishment 18
imposed was not provided for in the Code. 19
4. When a commanding officer determines that nonjudicial 20
punishment is appropriate for a particular serviceman or 21
servicewoman, all known offenses determined to be appropriate for 22
disposition by nonjudicial punishment and ready to be considered at 23
that time, including, without limitation, all such offenses arising 24
from a single incident or course of conduct, must ordinarily be 25
considered together, rather than being made the basis for multiple 26
punishment. 27
5. Nonjudicial punishment may not be imposed for any offense 28
which was committed more than 3 years before the date of 29
imposition of punishment, unless such 3-year limitation is waived 30
by the accused in writing or unless the accused has filed an appeal 31
under this Code. 32
6. Nothing in subsection 2 or 4 precludes a commanding 33
officer from imposing, at one time, more than one punishment 34
nonjudicially for the offense or offenses arising from a single 35
incident or course of conduct authorized in the Code. 36
Sec. 2. NRS 412.2879 is hereby amended to read as follows: 37
412.2879 An accused facing nonjudicial punishment [does not 38
have] has the right to demand a trial by court-martial in lieu of 39
accepting the nonjudicial punishment [.] at any time before the 40
imposition of the nonjudicial punishment. 41
Sec. 3. NRS 412.293 is hereby amended to read as follows: 42
412.293 1. A commanding officer who, after inquiry or 43
investigation, determines that nonjudicial punishment is appropriate 44
for a particular serviceman or servicewoman shall use a formal 45
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proceeding. In determining whether nonjudicial punishment is 1
appropriate, the commanding officer shall consult with a judge 2
advocate. The commanding officer may also consult with a superior 3
commissioned officer who is not the superior authority who is to act 4
on appeal pursuant to NRS 412.296. 5
2. If the commanding officer determines that a formal 6
proceeding is appropriate, the accused must be notified in writing 7
of: 8
(a) The intent of the commanding officer to initiate nonjudicial 9
punishment; 10
(b) The intent of the commanding officer to use a formal 11
proceeding; 12
(c) The maximum punishments allowable under the formal 13
proceeding; 14
(d) The right of the accused to remain silent; 15
(e) Each offense that the accused has allegedly committed with 16
reference to sections of the law that are alleged to have been 17
violated; 18
(f) The right of the accused to confront witnesses, examine the 19
evidence and submit matters in defense, extenuation and mitigation; 20
(g) The right of the accused to consult with a judge advocate and 21
the location of such counsel; [and] 22
(h) The right of the accused to demand a trial by court-martial 23
at any time before the imposition of the nonjudicial punishment; 24
and 25
(i) The right of the accused to appeal. 26
3. If the commanding officer determines that a formal 27
proceeding is appropriate, the accused must be given a reasonable 28
time to consult with counsel , [and] to gather matters in defense, 29
extenuation and mitigation [.] and to decide whether to accept the 30
nonjudicial punishment or to demand a trial by court-martial. This 31
decision period [of time] must be at least 48 hours, depending on the 32
availability of counsel, but such period [of time] may be extended at 33
the request of the accused. 34
4. The commanding officer is not bound by the formal rules of 35
evidence before courts-martial and may consider any matter the 36
commanding officer reasonably believes is relevant to the offense. 37
Sec. 4. The amendatory provisions of this act do not apply to 38
any formal proceeding relating to nonjudicial punishment for which 39
a serviceman or servicewoman has been issued written notice 40
pursuant to subsection 2 of NRS 412.293, as that subsection existed 41
on June 30, 2025, before July 1, 2025. 42
Sec. 5. This act becomes effective on July 1, 2025. 43
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