Oklahoma 2024 Regular Session

Oklahoma House Bill HB2382 Compare Versions

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29		-	SENATE FLOOR VERSION
30		-	April 12, 2023
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2382 By: Burns of the House
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36	31		and
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38	33		Gollihare of the Senate
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43	44		An Act relating to militia; amending 44 O.S. 2021,
44	45		Sections 21, 23, 24, 25, 26, 27, 45, 48, 49, Section
45	46		1, Chapter 74, O.S.L. 2022 , 241, and 243 (44 O.S.
46	47		Supp. 2022, Section 233.10a ), which relate to The
47	48		Oklahoma Military Code ; clarifying personnel to staff
48	49		joint forces headquarters; providing for Adjutant
49	50		General to assign necessary persons to headquarters;
50	51		clarifying personnel in state military forces;
51	52		providing gender-neutral language; establishing term
52	53		limit for Adjutant General upon certain date;
53	54		authorizing removal for cause; modifying eligibility
54	55		criteria for Adjutant General; authorizing Governor
55	56		to waive certain eligibility requirements; directing
56	57		certain comparable rate of compensation for Adjutant
57	58		General; modifying authority of Adjutant General;
58	59		authorizing Adjutant Gen eral to establish rules
59	60		allowing the Military Departm ent to accept donations
60	61		to create a certain scholarship program; permitting
61	62		delegation of oversight to a nonprofit public
62	63		charity; providing gender-neutral language; modifying
63	64		oath of office for National Guard officers; updating
64	65		language; directing Adjutant General to prescribe
65	66		policies and regulations for personnel compensation;
66	67		preempting Military Departme nt personnel matters;
67	68		clarifying personnel discharge procedures by the
68	69		Governor as Commander in Chief; authorizing certain
69	70		personnel matters to be decid ed according to customs
70	71		and state and federal regulations; permitting
71	72		Department to purchase information technology;
72	73		exempting certain federal programs from Information
73	74		Services Division requirements; removing reference to
74		-	certain regulations prescribed by the Secretary of
75		-	Defense; striking requirement that personnel
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	101	+	certain regulations prescribed by the Secretary of
	102	+	Defense; striking requirement that personnel
103	103		procedures be in conformity with certain laws, rules,
104	104		and regulations; amending 44 O.S. 2021, Sections 815,
105	105		821, 875, 905, 912A, 928B, 934, and 937, which relate
106	106		to the Oklahoma Uniform Code of Mil itary Justice;
107	107		providing exception for reduction in rank of certa in
108	108		members; authorizing reduction as possible
109	109		nonjudicial punishment; prohibiting federal officials
110	110		from convening certain court-martial proceedings
111	111		without prior consent of the Governor; requiring
112	112		consent to be in writing and published by Governor;
113	113		authorizing Governor to reappoint certain dismissed
114	114		officers; providing for reappointment procedures;
115	115		directing Governor or Adjutant General to prescribe
116	116		certain regulations; prohibiting act of forgery;
117	117		prescribing punishment for forgery; prohibiting use
118	118		or ingestion of certain substances; prescribing
119	119		punishment for certain violent offenses or threats;
120	120		including certain specifically enumerated offenses;
121	121		modifying timing for explanation of Code; providing
122	122		for adoption of Manual for Courts-Martial; providing
123	123		for codification; and providing an effective date.
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127	130		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
128	131		SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
129	132		amended to read as follows:
130	133		Section 21. The Military Department of the State of Oklahoma is
131	134		hereby established and shall be under the command and control of the
132	135		Governor as Commander in Chief, with the Adjutant Genera l as the
133	136		executive and administrative head thereof. The Military Department
134	137		shall be constituted of the state military forces, as defined by
135	138		Section 801 of this title, and is hereby organized into a joint
136		-	headquarters which shall be identified as the join t forces
137		-	headquarters. The joint forces headquarters shall be jointly
138		-	staffed by Army National Guard and Air National Guard personnel of
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	165	+	headquarters which shall be identified as the join t forces
	166	+	headquarters. The joint forces headquarters shall be jointly
	167	+	staffed by Army National Guard and Air National Guard personnel of
166	168		the state military forces who, under the authority and direct ion of
167	169		the Adjutant General, shall support and assist the Adjutant General
168	170		in the exercise of command and control over state military forces
169	171		when not activated for federal duty under Title 10 of the United
170	172		States Code. There shall be assigned to the joint force forces
171	173		headquarters, officers, enlisted personnel , and civilian employees
172	174		as may be considered necessary by the Governor as Commander in Chief
173	175		and as may be authorized by law and Army National Guard regulations
174	176		and Air National Guard regulations the Adjutant General.
175	177		SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is
176	178		amended to read as follows:
177	179		Section 23. The Governor of the state shall be the Commander in
178	180		Chief of the Militia, and, as such, shall have supreme command o f
179	181		the military forces of the state while in the service of t he state
180	182		or until they are ordered and accepted into the actual service of
181	183		the United States within the meaning of Clauses 15 and 16 of Section
182	184		8 of Article I of the United States Constitution and Section 2 of
183	185		Article II of the United States Constitu tion. While in the service
184	186		of the state State of Oklahoma, he the Governor shall have power to
185	187		muster out any organization of the state military forces, discharge
186	188		enlisted men personnel, as provided herein , and perform such other
187		-	acts in keeping with the laws o f the Commander in Chief, subject to
188		-	the laws of the United States and regulations prescribed by the
189		-	President of the United States. No armed military force from
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	215	+	acts in keeping with the laws o f the Commander in Chief, subject to
	216	+	the laws of the United States and regulations prescribed by the
	217	+	President of the United States. No armed military force from
217	218		another state or territory shall be p ermitted to enter the state
218	219		without his permission of the Governor, unless such military force
219	220		be a part of the United States, or is acting under the authority of
220	221		the United States. No independent military organization, except as
221	222		a corps of cadets at the educational institutions, shall be
222	223		permitted to bear arm s without first securing permission of the
223	224		Commander in Chief.
224	225		SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
225	226		amended to read as follows:
226	227		Section 24. A. The Adjutant General shall be appointed by the
227	228		Governor, by and with th e advice and consent of the Senate, and
228	229		shall serve at the pleasure of the Governor. Beginning January 1,
229	230		2027, the appointment of the Adjutant General shall be for a term of
230	231		five (5) years, requiring a new reappointment process for any
231	232		additional term. The Adjutant General may be removed for cause b y
232	233		the Governor during the appointed term.
233	234		B. To be eligible to hold the office of Adjutant General of
234	235		this state, at the time of appointment the appoint ee:
235	236		1. Shall be a federally recognized and currently serving
236	237		officer of the Oklahoma National Guard and of the National Guard of
237	238		the United States for who is not presently retired nor has ever
238		-	previously retired from the Oklahoma National Guard and with no less
239		-	than three (3) years of service in the Oklahoma National Guard;
240		-	2. Shall possess at least the rank of Colonel; and
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	265	+	previously retired from the Oklahoma National Guard and with no less
	266	+	than three (3) years of service in the Oklahoma National Guard;
	267	+	2. Shall possess at least the rank of Colonel; and
268	268		3. If not already a general officer, shall be eligible for a
269	269		Certificate of Eligibility pursuant to federal law and applicable
270	270		regulations issued by the Chief of the National Guard Bureau .
271	271		C. If the Oklahoma National Guard is in active federal service
272	272		and no persons having the qualifications required in subsection B of
273	273		this section are available within the state, then the Governor may
274	274		appoint, subject to the advice and consent of the Senat e, any
275	275		suitably qualified person who at any time in the preceding ten (10)
276	276		years would have been qualified, as above, and who has served at
277	277		least two (2) years in active federal service in the grade o f
278	278		Colonel or higher pursuant to the requir ements of subsection B of
279	279		this section.
280	280		SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
281	281		amended to read as follows:
282	282		Section 25. A. The Adjutant General shall have the rank of
283	283		Major General and devote full time to the duties of the office.
284	284		Regardless of whether or not the Adjutant General has been
285	285		recognized federally at the rank of Major General at the time of
286	286		appointment by the Governor, the Adjutant General shall be
287	287		compensated at the same rate of pay and allowances afforded to a
288		-	Major General serving on federal Title 10 active duty with the same
289		-	time in grade.
290		-	B. The Governor may appoint Assistant Adjutants General for
291		-	Army and Assistant Adjutants General for Air to assist the Adju tant
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	314	+	Major General serving on federal Title 10 active duty with the same
	315	+	time in grade.
	316	+	B. The Governor may appoi nt Assistant Adjutants General for
	317	+	Army and Assistant Adjutants General for Air to assist the Adju tant
319	318		General in the discharge and performance of his or her duties. When
320	319		appointing Assistant Adjutants General, the Governor shall take into
321	320		consideration the number of such positions contemplated or
322	321		recommended by the National Guard Bureau for manning t he joint
323	322		forces headquarters of a state. Such Assistant Adjutants General
324	323		shall have the qualifications prescribed by law for the Adjutant
325	324		General and shall have the rank of Brigadier General. The Assistant
326	325		Adjutants General appointed by the Governor sha ll be considered
327	326		staff officers and not commanders excep t that, in the discretion of
328	327		the Adjutant General, specific command or supervisory authority may
329	328		be delegated by the Adjutant General to an Assistant Adjutant
330	329		General but such delegation shall be acco mplished in writing and
331	330		shall be considered a military p ublication, as defined in Section
332	331		801 of this title (Article 1).
333	332		C. Other general officers assigned t o billets within the state
334	333		military forces, including certain billets within the joint forces
335	334		headquarters, shall be considered staff officers and not com manders
336	335		except that, in the discretion of the Adjutant General, specific
337	336		command or supervisory author ity may be delegated by the Adjutant
338	337		General to such general officers, but such delegation shall b e
339		-	accomplished in writing and shall be considered a mili tary
340		-	publication, as defined in Section 801 of this title (Article 1).
341		-	D. The Adjutant General may employ a state employee in the
342		-	position of Executive Assistant and Programs Manager for the
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	364	+	accomplished in writing and shall be considered a mili tary
	365	+	publication, as defined in Section 801 of this title (Article 1).
	366	+	D. The Adjutant General may emp loy a state employee in the
	367	+	position of Executive Assistant and Programs Manager for the
370	368		Military Department of the state. Said position shall be
371	369		unclassified and exempt from the Oklahoma Personnel Act and the
372	370		Merit Rules for Employment, except leave regu lations.
373	371		SECTION 5. AMENDATORY 44 O.S. 2021, Section 26, is
374	372		amended to read as follows:
375	373		Section 26. A. The Adjutant General s hall be in control of the
376	374		Military Department of the State of Oklahoma, subordinate only to
377	375		the Governor. Within the limitations and under the provisions of
378	376		law, he or she shall supervise and direct the Oklahoma National
379	377		Guard within the service of the st ate and when under state control
380	378		in all of its organization, training and other activities; shall
381	379		receive and give effect to the orders of the Governor; and shall
382	380		perform such other military and de fense duties, not otherwise
383	381		assigned by law, as the Governo r may prescribe. The Adjutant
384	382		General shall have the authority to arm members of the state
385	383		military forces on military installations and other places under the
386	384		control of the Military Department with w eaponry as the Adjutant
387	385		General deems necessary to adequately provide fo r the security of
388	386		the facilities and their occupants .
389		-	B. The Adjutant General, when absent from the state, may
390		-	temporarily delegate any authority vested under this title and any
391		-	such duties as an agency appointing authority to an Ass istant
392		-	Adjutant General, other state officer or employee wi thin the
393		-	Military Department of the State of Oklahoma. Such temporary
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	413	+	B. The Adjutant General, when absent from the state, may
	414	+	temporarily delegate any authority vested under this title and any
	415	+	such duties as an agency appointing authority to an Ass istant
	416	+	Adjutant General, other state officer or employee wi thin the
	417	+	Military Department of the State of Oklahoma. Such temporary
421	418		delegations of authority pursuant t o this subsection shall be
422	419		accomplished in writi ng. The Adjutant General may also promulga te
423	420		regulations providing for the delegation of any such aut hority.
424	421		C. The Adjutant General shall develop, publish and maintain an
425	422		organizational chart depicting the chain of command between the
426	423		Adjutant General and the major commands of the Oklahoma Natio nal
427	424		Guard. Besides the major commands defined in Section 8 01 of this
428	425		title (Article 1), the Adjutant General, in his or her discretion,
429	426		may designate other military units within the Oklahoma National
430	427		Guard as major commands.
431	428		D. The organizational chart r equired in subsection C of this
432	429		section shall be updated no less than annually and shall include all
433	430		enlisted and officer billets assigned to joint forces headquarte rs
434	431		and shall depict all existing command relatio nships established by
435	432		the Adjutant General within joint forces headquarters. The
436	433		organizational chart required herein shall not be considered a
437	434		military publication within the meaning of Section 801 of this title
438	435		(Article 1).
439		-	E. In accordance with all re levant requirements of the United
440		-	States Army, the United States Air Force or the National Guard
441		-	Bureau, the Adjutant General shall develop, publish and maintain an
442		-	enlisted and officer rating scheme for all enlisted and officer
443		-	billets assigned to joint f orces headquarters. The rating scheme
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	462	+	E. In accordance with all re levant requirements of the United
	463	+	States Army, the United States Air Force or the National Guard
	464	+	Bureau, the Adjutant General shall develop, publish and maintain an
	465	+	enlisted and officer rating scheme for all enlisted and officer
	466	+	billets assigned to joint f orces headquarters. The rating scheme
471	467		required herein shall not be considered a military publication
472	468		within the meaning of Section 801 of this title (Article 1).
473	469		F. Pursuant to the rules established by the Adjutant General,
474	470		the Military Department of the State of Oklahoma is authorized to
475	471		expend appropriated and nonappropriated funds to enhance recruitin g
476	472		and retention efforts for the Oklahoma National Guard.
477	473		G. The Adjutant General may establish rules allowing the
478	474		Military Department of the State of Okl ahoma to accept donations and
479	475		bequests to create a scholarship program for the benefit of members
480	476		of the Oklahoma National Guard. The Adjutant General may delegate
481	477		oversight of scholarship program funds to a nonprofit public charity
482	478		for the purpose of creating and administering an endowment fund for
483	479		the scholarship program.
484	480		SECTION 6. AMENDATORY 44 O.S. 2021, Section 27, is
485	481		amended to read as follows:
486	482		Section 27. The Adjutant General and Assistant Adjutants
487	483		General shall be paid a sum equivalent to the pay of his/her his or
488	484		her federally recognized rank, exclusive of allowances. Other
489	485		officers and enlisted men and women and employees of the Department
490		-	shall be paid in amounts fixed by the Adjutant General and within
491		-	amounts appropriated for that purpose , according to the polic ies and
492		-	regulations prescribed by the Ad jutant General. Military Department
493		-	personnel matters shall be preempted and governed by federal law and
494		-	managed by the Adjutant General.
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	512	+	shall be paid in amounts fixed by the Adjutant General and within
	513	+	amounts appropriated for that purpose , according to the polic ies and
	514	+	regulations prescribed by the Ad jutant General. Military Department
	515	+	personnel matters shall be preempted and governed by federal law and
	516	+	managed by the Adjutant General.
522	517		SECTION 7. AMENDATORY 44 O.S. 2021, Section 45, is
523	518		amended to read as follows:
524	519		Section 45. Oath for National Guard Officers. Each
525	520		commissioned officer, before entering upon the duties of his or her
526	521		office, shall take and subscribe to the following oath, or such
527	522		other oath as may be required by National Guard Re gulations:
528	523		"I .........., do solemnly swear tha t I will support and defend
529	524		the Constitution of the United States and the Constitution of the
530	525		State of Oklahoma against all enemies, foreign and domestic; that I
531	526		will bear true faith and allegiance to the same ; that I will obey
532	527		the lawful orders of the President of the United States and the
533	528		Governor of the State of Oklahoma; that I make this obligation
534	529		freely, without any mental reservation or purpose of evasion, and
535	530		that I will well and faithfully discharge the dutie s of the office
536	531		of ......., in the Natio nal Guard of the United States and the State
537	532		of Oklahoma upon which I am about to enter, so help me God."
538	533		SECTION 8. AMENDATORY 44 O.S. 2021 , Section 48, is
539	534		amended to read as follows:
540		-	Section 48. Enlisted men personnel discharged from service in
541		-	the Oklahoma National Guard of this state shall receive a discharge
542		-	in writing in such form and with such classification as is or shall
543		-	be prescribed by National Guard regulations, and in time of peace
544		-	discharges may be given prior to the expiration of terms of
545		-	enlistment in the following cases:
546	535
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	561	+	Section 48. Enlisted men personnel discharged from service in
	562	+	the Oklahoma National Guard of this state shall receive a discharge
	563	+	in writing in such form and with such classification as is or shall
	564	+	be prescribed by National Guard regulations, and in time of peace
	565	+	discharges may be given prior to the expiration of terms of
	566	+	enlistment in the following cases:
573	567		By sentence of a general court-martial; by direction of the
574	568		Governor on account of disability; on account o f sentence of
575	569		imprisonment by a civil co urt whether suspended or not; on account
576	570		of a bona fide permanent change of residence to another state; and
577	571		for the purpose of enlisting in regular Army, Air Force, Navy, or
578	572		Marine Corps, and for such other causes as may be prescribed by
579	573		National Guard regulations or the Governor as Commander in Chief;
580	574		provided, that an enlisted man person who has not returned or
581	575		accounted for all of the public property for which he or she is
582	576		responsible, shall under no circumstances receive an honorable
583	577		discharge.
584	578		SECTION 9. AMENDATORY 44 O.S. 20 21, Section 49, is
585	579		amended to read as follows:
586	580		Section 49. All matters relating to organization, commissioning
587	581		and discharging of officers, enlisting and discharge o f enlisted men
588	582		personnel, discipline, and government of the Oklahoma National
589	583		Guard, not otherwise provided in this code, shall may be decided by
590	584		according to the customs, regulations, and usage of the United
591		-	States Army or the United States Air Force or National G uard
592		-	regulations.
593		-	SECTION 10. AMENDATORY Section 1, Chapter 74, O.S.L.
594		-	2022 (44 O.S. Supp. 2022, Section 233.10a), is amended to read as
595		-	follows:
596	585
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598		-	(Bold face denotes Committee Amendments) 1
	586	+	ENGR. H. B. NO. 2382 Page 12 1
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622	610
	611	+	States Army or the United States Air Force or National G uard
	612	+	regulations.
	613	+	SECTION 10. AMENDATORY Section 1, Chapter 74, O.S.L.
	614	+	2022 (44 O.S. Supp. 2022, Sectio n 233.10a), is amended to read as
	615	+	follows:
623	616		Section 233.10a The Military Department of the State of
624	617		Oklahoma may purchase information technology including, but not
625	618		limited to, computer hardware or software , or any services related
626	619		to software development, software modifications, or any other
627	620		services related to the operation and maintenance of computer
628	621		hardware or software or bo th, independently and without prior
629	622		approval from the Office of Management and Enter prise Services
630	623		Information Services Division. All federal programs managed by the
631	624		Military Department of t he State of Oklahoma shall be exempt from
632	625		any and all Information Services D ivision requirements .
633	626		SECTION 11. AMENDATORY 44 O.S. 2021, Section 241, is
634	627		amended to read as follows:
635	628		Section 241. The Governor, pursuant to the authority granted
636	629		the states by Section 109 of Title 32 of t he United States Code or a
637	630		successor provision, and under such regulations as the Secretary of
638	631		Defense may prescribe for discipline in training, is hereby
639	632		authorized to enlist, organize, maintain, equip and discipline such
640	633		military forces other than the Oklahoma National Guard as he or she
641	634		may deem necessary to defend the state. Such forces shall be
642		-	uniformed and subject to Sections 1 through 117, Sections 208
643		-	through 237, and Sections 800 through 946 of this title, insofar as
644		-	such sections do not conflict with Sections 241 through 250 of this
645		-	title.
646	635
647		-	SENATE FLOOR VERSION - HB2382 SFLR Page 13
648		-	(Bold face denotes Committee Amendments) 1
	636	+	ENGR. H. B. NO. 2382 Page 13 1
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	661	+	uniformed and subject to Sections 1 thr ough 117, Sections 208
	662	+	through 237, and Sections 800 through 946 of this title, insofar as
	663	+	such sections do not conflict with Sections 241 through 250 of this
	664	+	title.
673	665		SECTION 12. AMENDATORY 44 O.S. 2021, Section 243, is
674	666		amended to read as follows:
675	667		Section 243. A. The Governor is hereby authorized to prescribe
676	668		rules and regulations governing the enl istment, organization,
677	669		administration, equipment, discipline and discharge of the personnel
678	670		of such military forces; to requisition from the Secretary of
679	671		Defense such arms and equipment as may be in the possession of and
680	672		can be spared by the Department of Defense and to extend thereto the
681	673		facilities of state armories, Armed Forces Reserve Centers,
682	674		readiness centers, logistics, aviation, an d training facilities,
683	675		warehouses and their equipment and such other state premises and
684	676		property as may be available for the purpose of drill and
685	677		instruction. Insofar as applicable the procedure for the
686	678		enlistment, organization, pay, maintenance, equipmen t and
687	679		disciplining of such forces shall be in conformity with the law and
688	680		the rules and regulations governing and pertai ning to the National
689	681		Guard; provided, that the officers Officers and enlisted personnel
690	682		in the Oklahoma State National Guard shall not receive an y
691	683		compensation or monetary allowances from the state except when
692		-	activated for state active duty, as defined in Section 801 of this
693		-	title, by order of the Governor.
694		-	B. Members of the Oklahoma State National Guard shall be
695		-	considered part of state military forces as defined in Section 801
696	684
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698		-	(Bold face denotes Committee Amendments) 1
	685	+	ENGR. H. B. NO. 2382 Page 14 1
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	710	+	activated for state active duty, as defined in Section 801 of this
	711	+	title, by order of the Governor.
	712	+	B. Members of the Oklahoma State National Guard shall be
	713	+	considered part of state military forces as defined in Section 801
723	714		of this title and shall b e subject to the Oklahoma Uniform Code of
724	715		Military Justice.
725	716		C. When prescribing the rules and regulations governing
726	717		enlistment, organization, administration, equipment, discipline and
727	718		discharge of the personnel of the Oklahoma State National Guard, the
728	719		Governor shall issue such rules and regulations in the form of an
729	720		executive order or in a series of such orders. An executive order
730	721		or a series of such orders prescribing the rules and regulations
731	722		governing enlistment, organization, administration, equipment,
732	723		discipline and discharge of the personnel of the Oklahoma State
733	724		National Guard shall also be pu blished by the Adjutant General as a
734	725		military publication.
735	726		SECTION 13. AMENDATORY 44 O.S. 2021, Section 815, is
736	727		amended to read as foll ows:
737	728		Section 815. ARTICLE 15. Commanding officer's nonjudicial
738	729		punishment.
739	730		A. Except as provided in subsection B of this section, any
740	731		commanding officer and, for purposes of this section, any office r in
741	732		charge, may impose disciplinary punishments for mi nor offenses
742		-	arising under the punitive articles of the Okl ahoma Uniform Code of
743		-	Military Justice without the intervention of a court -martial.
744		-	B. Any superior comm ander may limit or withhold the exercise of
745		-	nonjudicial punishment authority by subordinate commanders,
746		-	including limiting authority over certain categ ories of military
747	733
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749		-	(Bold face denotes Committee Amendments) 1
	734	+	ENGR. H. B. NO. 2382 Page 15 1
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773	758
	759	+	arising under the punitive articles of the Okl ahoma Uniform Code of
	760	+	Military Justice without the intervention of a court -martial.
	761	+	B. Any superior comm ander may limit or withhold the exerc ise of
	762	+	nonjudicial punishment authority by subordinate commanders,
	763	+	including limiting authority over certain categ ories of military
774	764		personnel or offenses. Likewise, individual cases may be rese rved
775	765		by a superior comman der. A superior authority may limit or withhold
776	766		any power that a subordinate might otherwis e exercise under this
777	767		section.
778	768		C. Except as provided in su bsection L of this section, the
779	769		Governor or Adjutant General may delegate the po wers established
780	770		under this section to a senior officer who is a member of the state
781	771		military forces and is also a me mber of the same force component as
782	772		the accused.
783	773		D. Any Except as provided in subsection S of this section, any
784	774		commanding officer may imp ose upon enlisted members of the officer's
785	775		command:
786	776		1. An admonition;
787	777		2. A reprimand;
788	778		3. The withholding of privil eges for not more than six (6)
789	779		months which need not be con secutive;
790	780		4. The forfeiture of pay of not more than seven (7) days' pay;
791	781		5. A fine of not more than sev en (7) days' pay;
792		-	6. A reduction to the next inferior pay grade, if the grade
793		-	from which demoted is within the promotion authority of the officer
794		-	imposing the reduction or any officer subordinate to the one who
795		-	imposes the reduction;
796		-	7. Extra duties, inc luding fatigue or other duties, for not
797		-	more than fourteen (14) days, which need not be cons ecutive; and
798	782
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800		-	(Bold face denotes Committee Amendments) 1
	783	+	ENGR. H. B. NO. 2382 Page 16 1
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	808	+	6. A reduction to the next inferior pay grade, if the grade
	809	+	from which demoted is within the promotion authority of the officer
	810	+	imposing the reduction or any officer subordinate to the one who
	811	+	imposes the reduction;
	812	+	7. Extra duties, inc luding fatigue or other duties, for n ot
	813	+	more than fourteen (14) days, which need not be cons ecutive; and
825	814		8. Restriction to certain specified limits, w ith or without
826	815		suspension from duty, for not more than fourteen (14) days, which
827	816		need not be consecutive.
828	817		E. Any Except as provided in subsec tion S of this section, any
829	818		commanding officer of the g rade of major or above may impose upon
830	819		enlisted members of the officer's command:
831	820		1. An admonition;
832	821		2. A reprimand;
833	822		3. The withholding o f privileges for not more than six (6)
834	823		months which need not b e consecutive;
835	824		4. The forfeiture of not more than one -half (1/2) of one (1)
836	825		month's pay per month for two (2) mon ths;
837	826		5. A fine of not more than one (1) month's pay;
838	827		6. A reduction to the low est or any intermediate p ay grade, if
839	828		the grade from which dem oted is within the promotion authority of
840	829		the officer imposing the reduction or any officer subordinate to the
841	830		one who imposes the reduction, but an enlisted member in a pay grade
842	831		above E-4 shall not be reduced more tha n two pay grades;
843		-	7. Extra duties, including fatigue or other duties, for not
844		-	more than forty-five (45) days which need not be consecutive; and
845		-	8. Restriction to certain specified limits, with or without
846		-	suspension from duty, for not more than sixty (60) days which need
847		-	not be consecutive.
848	832
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874	857
	858	+	7. Extra duties, including fatigue or other duties, for not
	859	+	more than forty-five (45) days which need not be consecutive; and
	860	+	8. Restriction to certain specified limits, with or without
	861	+	suspension from duty, for not more than sixty (60) days which need
	862	+	not be consecutive.
875	863		F. The Governor, the Adjutant General, or an officer e xercising
876	864		general or special court -martial convening author ity may impose:
877	865		1. Upon officers of the officer's command:
878	866		a. any punishment authorized in subsection E of this
879	867		section, except for the punis hments provided in
880	868		paragraphs 6 and 7 of subsection E o f this section,
881	869		and
882	870		b. arrest in quarters for not more than thirty (30) days
883	871		which need not be consecutive; and
884	872		2. Upon enlisted members o f the officer's command, any
885	873		punishment authorized in subsecti on E of this section.
886	874		Admonitions or reprimands given a s nonjudicial punishment to
887	875		commissioned officers and warra nt officers shall be administered in
888	876		writing. In all other cases, unless otherw ise prescribed by
889	877		regulations promulgated by the Adjutant Gene ral, such punishments
890	878		may be administered either orally or in writing.
891	879		G. Whenever any punishments are combined t o run consecutively,
892	880		the total length of the combined punishment shall not excee d the
893	881		authorized duration of the longest punishment included i n the
894		-	combination, and there shall be an apportionment of punishments so
895		-	that no single punishment in the combinat ion exceeds its authorized
896		-	length under this section.
897		-	H. Once the commander has determined that nonjudic ial
898		-	punishment is appropriate, the commander shall provide reasonable
899	882
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	883	+	ENGR. H. B. NO. 2382 Page 18 1
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925	907
	908	+	combination, and there shall be an apportionment of punishments so
	909	+	that no single punishment in the combinat ion exceeds its authorized
	910	+	length under this section.
	911	+	H. Once the commander has determined that nonjudic ial
	912	+	punishment is appropriate, the co mmander shall provide reasonable
926	913		notice to the member o f his or her intent to impose nonjudicial
927	914		punishment. At the time the commander provides notification as
928	915		required in this subsection, the member shall be entitled to examine
929	916		all statements and other e vidence that the commander has examined
930	917		and intends to rely upon as the basis for punishment. The member
931	918		shall be provided a copy of the documentary evidence unless it is
932	919		privileged, classified , or otherwise restricted by law, regulation,
933	920		or instruction. At the time the commander provides notification as
934	921		required in this subsection, the commander shall also inform t he
935	922		member as to the quantum of punishment potentially to be imposed.
936	923		While a member undergoing nonjudici al punishment is not entitled to
937	924		representation by a duly appointed defense counsel, the mem ber may
938	925		seek legal advice from any judge advocate available for this
939	926		purpose.
940	927		I. The right to demand trial by court -martial in lieu of
941	928		nonjudicial punishment shall arise only when arrest in quarters o r
942	929		restriction will be considered as punishments. If th e commanding
943	930		officer determines that arrest in quarters or restriction will be
944	931		considered as punishments, prior to the offer of nonjudicial
945		-	punishment the accused s hall be notified in writing of the right to
946		-	demand trial by court-martial. Should the comma nding officer
947		-	determine that the punishment options will no t include arrest in
948		-	quarters or restriction, the accused shall be notified that there is
949		-	no right to trial by court-martial in lieu of nonjudicial
950	932
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952		-	(Bold face denotes Committee Amendments) 1
	933	+	ENGR. H. B. NO. 2382 Page 19 1
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976	957
	958	+	punishment the accused s hall be notified in writing of the ri ght to
	959	+	demand trial by court-martial. Should the comma nding officer
	960	+	determine that the punishment options will no t include arrest in
	961	+	quarters or restriction, the accused shall be notified that there is
	962	+	no right to trial by court-martial in lieu of nonjudi cial
977	963		punishment. Upon notification by the commander or officer in charge
978	964		of his or her intent to impose nonjudici al punishment that includes
979	965		arrest in quarters or restriction, the accused shall be afforded a
980	966		reasonable amount of time to confer with legal counsel and to
981	967		prepare a response.
982	968		J. The officer who imposes the punishment, or his or her
983	969		successor in command, may at any time suspend, set aside, mitigate
984	970		or remit any part or amount of the punishment and restore a ll
985	971		rights, privileges and property af fected. The officer may also
986	972		mitigate:
987	973		1. Reduction in grade to forfeiture of pay;
988	974		2. Arrest in quarters to res triction; or
989	975		3. Extra duties to restriction.
990	976		The mitigated punishment shall not be for a greater period than the
991	977		punishment mitigated. When mitigating reduction in grade to
992	978		forfeiture of pay, the amount of the forfeiture shall not be greater
993	979		than the amount that could have been imposed initially under this
994	980		article by the officer who imposed the punishment m itigated.
995		-	K. A person punished under this section who considers the
996		-	punishment unjust or di sproportionate to the offense may, through
997		-	his or her chain of command, appeal to a senior officer designated
998		-	by the Adjutant General to ad judicate appeals arising from
999		-	nonjudicial punishment. A senior officer so designated by the
1000		-	Adjutant General shall b e a member of the same component of the
1001	981
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	982	+	ENGR. H. B. NO. 2382 Page 20 1
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	1007	+	K. A person punished under this section who considers the
	1008	+	punishment unjust or di sproportionate to the offense may, through
	1009	+	his or her chain of command, appeal to a senior officer designated
	1010	+	by the Adjutant General to ad judicate appeals arising from
	1011	+	nonjudicial punishment. A senio r officer so designated by the
	1012	+	Adjutant General shall b e a member of the same component of the
1028	1013		state military forces as the accused. An appeal made pursuant to
1029	1014		this subsection shall be lodged w ithin fifteen (15) days a fter the
1030	1015		punishment is announced to t he accused. The officer exercising
1031	1016		appellate authority may, at his or her discretion, extend the
1032	1017		deadline for an appeal. The appeal shall be promptly forwarded and
1033	1018		decided, and the member shal l not be punished until t he appeal is
1034	1019		decided. The senior off icer designated by the Adjutant General as
1035	1020		exercising appellate authority may exercise the same powers with
1036	1021		respect to the punishment imposed as may be exercised under
1037	1022		subsection I of this secti on by the officer who imp osed the
1038	1023		punishment. Before acting o n an appeal from a punishment, the
1039	1024		senior officer exerc ising appellate authority shall refer the case
1040	1025		to a judge advocate for consideration and advice. When a senior
1041	1026		officer is designated by th e Adjutant General to adj udicate appeals
1042	1027		arising from nonjudic ial punishment, such designation shall be
1043	1028		accomplished in writing and shall be considered a military
1044	1029		publication, as defined in Section 801 of this title (Article 1).
1045		-	L. Except for nonjudicial punishment imposed by the Governor or
1046		-	the Adjutant General, the final appellate authority for nonjudicial
1047		-	punishment imposed within state military forces is the Adjutant
1048		-	General. A person punished under this section whose appeal was
1049		-	previously denied by a senior officer designate d to adjudicate
1050		-	appeals may, through his or her chain of command, lodge an
1051		-	additional appeal with the Adjutant General within five (5) days
1052	1030
1053		-	SENATE FLOOR VERSION - HB2382 SFLR Page 21
1054		-	(Bold face denotes Committee Amendments) 1
	1031	+	ENGR. H. B. NO. 2382 Page 21 1
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1077	1054		24
1078	1055
	1056	+	L. Except for nonjudicial punishment imposed by the Governor or
	1057	+	the Adjutant General, th e final appellate authority for nonjudicial
	1058	+	punishment imposed within state military forces is the Adjutant
	1059	+	General. A person punished under this section whose appeal was
	1060	+	previously denied by a senior officer designate d to adjudicate
	1061	+	appeals may, through his or her chain of command, lodge an
	1062	+	additional appeal with the Adjutant General within five (5) days
1079	1063		after the appeal is denied. In the event the officer imposing
1080	1064		nonjudicial punishment is a senior officer who is als o designated to
1081	1065		adjudicate appeals ar ising from nonjudicial punishment, an appeal
1082	1066		thereof shall be addressed directly to the Adjutant General. In the
1083	1067		event the officer imposing nonjudicial punishment is the Adjutant
1084	1068		General, an appeal thereof shall be add ressed directly to the
1085	1069		Governor. An appeal offered pursuant to this subsection shall be
1086	1070		made only in writing. Neither the Governor nor the Adjutant G eneral
1087	1071		shall delegate his or her duties as an appellate authority under
1088	1072		this subsection.
1089	1073		M. Whenever nonjudicial punishment is imposed under this
1090	1074		section:
1091	1075		1. After adjudication and while the puni shment is being carried
1092	1076		out or while the adjudged punishmen t is pending before the appellate
1093	1077		authority, the commander or officer in charge who imposed the
1094	1078		nonjudicial punishment, upon the request of th e accused, may:
1095		-	a. excuse the accused from attendance a t scheduled unit
1096		-	training assemblies, or
1097		-	b. arrange for the accused to drill on alternate dates
1098		-	and in alternate locations; or
1099		-	2. If necessary to maintain good ord er and discipline within
1100		-	the unit, the commander or officer in charge who imposed the
1101		-	nonjudicial punishment may order the accused to drill on alternat e
1102		-	dates and in alternate locations. The order shall be reduced to
1103	1079
1104		-	SENATE FLOOR VERSION - HB2382 SFLR Page 22
1105		-	(Bold face denotes Committee Amendments) 1
	1080	+	ENGR. H. B. NO. 2382 Page 22 1
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1117	1092		13
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1120	1095		16
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1125	1100		21
1126	1101		22
1127	1102		23
1128	1103		24
1129	1104
	1105	+	a. excuse the accused from attendance a t scheduled unit
	1106	+	training assemblies, or
	1107	+	b. arrange for the accused to drill on alternate dates
	1108	+	and in alternate locations; or
	1109	+	2. If necessary to maintain good ord er and discipline within
	1110	+	the unit, the commander or officer in charge who imposed the
	1111	+	nonjudicial punishment may order the accused to drill on alternat e
	1112	+	dates and in alternate locations. The order shall be reduced to
1130	1113		writing and shall become part of the r ecord of nonjudicial
1131	1114		punishment.
1132	1115		N. The imposition and enforcement of disciplinary punishme nt
1133	1116		under this section for any act or omission shall not be a bar to
1134	1117		trial by court-martial or a civilian court of competent jurisdiction
1135	1118		for a crime or offense aris ing out of the same act or omission; but
1136	1119		the fact that a disciplinary punishment has been en forced may be
1137	1120		demonstrated by the accused upon trial and, w hen so demonstrated, it
1138	1121		shall be considered in determining the measure of punish ment to be
1139	1122		adjudged in the event of a finding or verdict of gu ilty.
1140	1123		Nonjudicial punishment shall not be imposed for an offense
1141	1124		previously tried by a civilian court unless so a uthorized by
1142	1125		regulations promulgated by the Adjutant General.
1143	1126		O. When nonjudicial punishment has been im posed for an offense,
1144	1127		punishment shall not again be imposed for the same offense under
1145	1128		this section. Once nonjudicial punishment has been imposed, it may
1146		-	not be increased, upon appeal or otherwise. When a commander or
1147		-	officer in charge determines that no njudicial punishment is
1148		-	appropriate for a particular member, all known offenses determined
1149		-	to be appropriate for disposition by nonjudicial punishment and
1150		-	ready to be considered at that time, including all offenses arising
1151		-	from a single incident or course of conduct, shall be considered
1152		-	together and shall not be made the basis for multiple punish ments.
1153		-	This subsection shall in no way restrict the right of a commander to
1154	1129
1155		-	SENATE FLOOR VERSION - HB2382 SFLR Page 23
1156		-	(Bold face denotes Committee Amendments) 1
	1130	+	ENGR. H. B. NO. 2382 Page 23 1
1157	1131		2
1158	1132		3
1159	1133		4
1160	1134		5
1161	1135		6
1162	1136		7
1163	1137		8
1164	1138		9
1165	1139		10
1166	1140		11
1167	1141		12
1168	1142		13
1169	1143		14
1170	1144		15
1171	1145		16
1172	1146		17
1173	1147		18
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1175	1149		20
1176	1150		21
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1180	1154
	1155	+	not be increased, upon appeal or otherwise. When a commander or
	1156	+	officer in charge determines that no njudicial punishment is
	1157	+	appropriate for a particular member, all known offenses determined
	1158	+	to be appropriate for disposition by nonjudicial punishment and
	1159	+	ready to be considered at that time, including all offenses arising
	1160	+	from a single incident or course of conduct, shall be considered
	1161	+	together and shall not be made the basis for multiple punish ments.
	1162	+	This subsection shall in no way restrict the right of a commander to
1181	1163		prefer court-martial charges for an offense previously punishe d
1182	1164		under the provisions of this section.
1183	1165		P. In accordance with subsection B of Section 843 of this title
1184	1166		(Article 43, subsection B), a person accused of an offense is not
1185	1167		liable to be punished under this section if the offense was
1186	1168		committed more than two ( 2) years before the impos ition of
1187	1169		punishment. Periods in whic h the accused is absent without
1188	1170		authority shall be excl uded in computing the period of limitation
1189	1171		prescribed in this section.
1190	1172		Q. Whenever a punishment of forfeiture of pay is imposed under
1191	1173		this section, the forfeiture shall not apply to pay accruing befor e
1192	1174		the date that punishment is imposed, but only pay acc ruing on or
1193	1175		after the date that punishment is imposed.
1194	1176		R. The Adjutant General may promulgate regulations prescribing
1195	1177		the type and form of records to be kept of pr oceedings conducted
1196	1178		pursuant to this section. The Adjutant General may promulgate any
1197		-	other regulations necessary to carry out the provisions of this
1198		-	section.
1199		-	S. For purposes of this section, no member of the Oklahoma
1200		-	National Guard of the rank of E-8 or E-9 shall be reduced in rank
1201		-	pursuant to this section except when the reduction results fro m
1202		-	nonjudicial punishment imposed by an officer of the Oklah oma
1203		-	National Guard of the rank of brigadier general or by the Adjutant
1204		-	General. When imposing nonjudicia l punishment on enlisted persons
1205	1179
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1207		-	(Bold face denotes Committee Amendments) 1
	1180	+	ENGR. H. B. NO. 2382 Page 24 1
1208	1181		2
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1214	1187		8
1215	1188		9
1216	1189		10
1217	1190		11
1218	1191		12
1219	1192		13
1220	1193		14
1221	1194		15
1222	1195		16
1223	1196		17
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1225	1198		19
1226	1199		20
1227	1200		21
1228	1201		22
1229	1202		23
1230	1203		24
1231	1204
	1205	+	other regulations necessary to carry out the provisions of this
	1206	+	section.
	1207	+	S. For purposes of this section, no member of the Oklahoma
	1208	+	National Guard of the rank of E-8 or E-9 shall be reduced in rank
	1209	+	pursuant to this section except when the reduction results fro m
	1210	+	nonjudicial punishment imposed by an officer of the Oklah oma
	1211	+	National Guard of the rank of brigadier general or by the Adjutant
	1212	+	General. When imposing nonjudicia l punishment on enlisted persons
1232	1213		of the rank of E-7 or below, a commander or officer in char ge who
1233	1214		possesses the rank of colonel may consider reduction in rank as a
1234	1215		possible punishment.
1235	1216		SECTION 14. AMENDATORY 44 O.S. 2021, Section 821, is
1236	1217		amended to read as follows:
1237	1218		Section 821. RESERVED. ARTICLE 21. Convening of court-martial
1238	1219		by federal officials.
1239	1220		In no case shall the President of the United States, the
1240	1221		Secretary of Defense, the Secretary of a military department, a
1241	1222		military officer serving on active duty within the meaning of Title
1242	1223		10 of the United States Code, or any other federal official convene
1243	1224		a court-martial proceeding pursuant to The Oklahoma Military Code
1244	1225		unless prior consent has been granted by the Governor. Such
1245	1226		consent, if granted by the Governor, shall be accomplished in
1246	1227		writing and shall be published by the Governor.
1247		-	SECTION 15. AMENDATORY 44 O.S. 2021, Section 875, is
1248		-	amended to read as follows:
1249		-	Section 875. ARTICLE 75. Restoration.
1250		-	A. Under such regulations as the Adjutant General may
1251		-	promulgate, all rights, privileges, and property affected by an
1252		-	executed part of a court-martial sentence which has been set aside
1253		-	or disapproved, except an executed dismissal or discharge, shall be
1254		-	restored unless a new trial or rehearing is ordered and such
1255	1228
1256		-	SENATE FLOOR VERSION - HB2382 SFLR Page 25
1257		-	(Bold face denotes Committee Amendments) 1
	1229	+	ENGR. H. B. NO. 2382 Page 25 1
1258	1230		2
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1261	1233		5
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1265	1237		9
1266	1238		10
1267	1239		11
1268	1240		12
1269	1241		13
1270	1242		14
1271	1243		15
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1281	1253
	1254	+	SECTION 15. AMENDATORY 44 O.S. 2021, Section 875, is
	1255	+	amended to read as follows:
	1256	+	Section 875. ARTICLE 75. Restoration.
	1257	+	A. Under such regulations as the Adjutant General may
	1258	+	promulgate, all rights, privileges, and property affected by an
	1259	+	executed part of a court-martial sentence which has been set aside
	1260	+	or disapproved, except an executed dismissal or discharge, shall be
	1261	+	restored unless a new trial or rehearing is ordered and such
1282	1262		executed part is included in a sentence imposed upon the new trial
1283	1263		or rehearing.
1284	1264		B. If a previously executed sentence of dishonorable or bad-
1285	1265		conduct discharge is not imposed on a new trial, the Adjut ant
1286	1266		General shall substitute therefor a form of discharge authorized for
1287	1267		administrative issuance unless the accused is to serve ou t the
1288	1268		remainder of his or her enlistment.
1289	1269		C. If a previously executed sentence of dismissal is not
1290	1270		imposed on a new trial, th e Adjutant General shall substitute
1291	1271		therefor a form of discharge authorized for administrative issue,
1292	1272		and the commissioned officer dismissed by that sentence may be
1293	1273		reappointed pursuant to Sections 875 and 12203 of Title 10 of the
1294	1274		United States Code and an y applicable regulations prescribed
1295	1275		thereunder by the President of the United States or the Secretary
1296	1276		concerned solely by the Governor to such commissioned grade and with
1297	1277		such rank as in the opinion of the Governor that former officer
1298		-	would have attained h ad he or she not been dismissed. The
1299		-	reappointment of such a former officer shall be without regard to
1300		-	the existence of a vacancy and shall affect the promotion status of
1301		-	other officers only insofar as the Governor may direct. All time
1302		-	between the dismissal and the reappointment shall be considered as
1303		-	actual service for all purposes, including the right to pay and
1304		-	allowances.
1305	1278
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1307		-	(Bold face denotes Committee Amendments) 1
	1279	+	ENGR. H. B. NO. 2382 Page 26 1
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1321	1293		15
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1325	1297		19
1326	1298		20
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1328	1300		22
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1331	1303
	1304	+	would have attained h ad he or she not been dismissed. The
	1305	+	reappointment of such a former officer shall be without regard to
	1306	+	the existence of a vacancy and shall affect the promotion status of
	1307	+	other officers only insofar as the Governor may direct. All time
	1308	+	between the dismissal and the reappointment shall be considered as
	1309	+	actual service for all purposes, including the right to pay and
	1310	+	allowances.
1332	1311		D. The Governor or Adjutant General shall prescribe
1333	1312		regulations, with such limitations as the Governor or Adjutant
1334	1313		General considers appropriate, governing eligibility for pay and
1335	1314		allowances for the period after the date on which an executed part
1336	1315		of a court-martial sentence is set aside.
1337	1316		SECTION 16. AMENDATORY 44 O.S. 2021, Section 905, is
1338	1317		amended to read as follows:
1339	1318		Section 905. RESERVED. ARTICLE 105. Forgery.
1340	1319		Any person subject to the Oklahoma Uniform Code of Military
1341	1320		Justice who, with intent to defraud:
1342	1321		1. Falsely makes or alters any signature to, or any part of,
1343	1322		any writing which would, if genuine, appa rently impose a legal
1344	1323		liability on another or change his or her legal right or liability
1345	1324		to his or her prejudice; or
1346	1325		2. Utters, offers, issues, or transfers such a writing, known
1347	1326		by him or her to be so made or altered,
1348		-	is guilty of forgery and shall be punished as a court-martial may
1349		-	direct.
1350		-	SECTION 17. AMENDATORY 44 O.S. 20 21, Section 912A, is
1351		-	amended to read as follows:
1352		-	Section 912A. ARTICLE 112A. Wrongful use, possession, etc., of
1353		-	controlled substances.
1354		-	A. Any person subject to t he Oklahoma Uniform Code of Military
1355		-	Justice who wrongfully uses, possesses, manufactures, distributes,
1356	1327
1357		-	SENATE FLOOR VERSION - HB2382 SFLR Page 27
1358		-	(Bold face denotes Committee Amendments) 1
	1328	+	ENGR. H. B. NO. 2382 Page 27 1
1359	1329		2
1360	1330		3
1361	1331		4
1362	1332		5
1363	1333		6
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1365	1335		8
1366	1336		9
1367	1337		10
1368	1338		11
1369	1339		12
1370	1340		13
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1382	1352
	1353	+	is guilty of forgery and shall be punished as a court-martial may
	1354	+	direct.
	1355	+	SECTION 17. AMENDATORY 44 O.S. 20 21, Section 912A, is
	1356	+	amended to read as follows:
	1357	+	Section 912A. ARTICLE 112A. Wrongful use, possession, etc., of
	1358	+	controlled substances.
	1359	+	A. Any person subject to t he Oklahoma Uniform Code of Military
	1360	+	Justice who wrongfully uses, possesses, manufactures, distributes,
1383	1361		imports into the customs territory of the United States, exports
1384	1362		from the United States, or i ntroduces into an installati on, vessel,
1385	1363		vehicle, or aircraft used by or under the control of the Armed
1386	1364		Forces of the United States or of the state military forces a
1387	1365		substance described in subsection B of this section shall be
1388	1366		punished as a court-martial may direct.
1389	1367		B. The substances referred to in subsection A of this section
1390	1368		are the following:
1391	1369		1. Opium, heroin, cocaine, amphetamine, lysergic acid
1392	1370		diethylamide, methamphetamine, phencyclidine, barbituric acid, and
1393	1371		marijuana and any compound or derivative o f any such substance;
1394	1372		2. Any substance not specified in pa ragraph 1 of this
1395	1373		subsection that is listed on a schedule of controlled substances
1396	1374		prescribed by the President for the purposes of the Uniform Code of
1397	1375		Military Justice, Title 10 of the United State s Code, Section 801,
1398	1376		et seq.; and
1399		-	3. Any other substance n ot specified in paragraph 1 of this
1400		-	subsection or contained on a list prescribed by the President under
1401		-	paragraph 2 of this subsection that is listed in schedules I through
1402		-	V of article 202 of the Controlled Substances Act, T itle 21 of the
1403		-	United States Code, Section 812.
1404		-	C. It shall be unlawful for any member of the state military
1405		-	forces to knowingly use or ingest marijuana or any substances or
1406	1377
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1408		-	(Bold face denotes Committee Amendments) 1
	1378	+	ENGR. H. B. NO. 2382 Page 28 1
1409	1379		2
1410	1380		3
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1412	1382		5
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1418	1388		11
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1420	1390		13
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1432	1402
	1403	+	3. Any other substance n ot specified in paragraph 1 of this
	1404	+	subsection or contained on a list prescribed by the President under
	1405	+	paragraph 2 of this subsection that is listed in schedules I through
	1406	+	V of article 202 of the Controlled Substances Act, T itle 21 of the
	1407	+	United States Code, Section 812.
	1408	+	C. It shall be unlawful for any member of the state military
	1409	+	forces to knowingly use or ingest marijuana or any substances or
1433	1410		products derived from marijuana including, but not limited to, hemp,
1434	1411		tetrahydrocannabinol, and cannabidiol.
1435	1412		SECTION 18. AMENDATORY 44 O.S. 2021, Section 928B, is
1436	1413		amended to read as follows:
1437	1414		Section 928B. RESERVED.
1438	1415		Any person subject to the Oklahoma Uniform Code of Military
1439	1416		Justice who:
1440	1417		1. Commits a violent offense against a spouse, an intima te
1441	1418		partner, or an immediate family me mber of that person;
1442	1419		2. With intent to threaten or intimidate a spouse, an intimate
1443	1420		partner, or an immediate family member of that person , commits an
1444	1421		offense under this chapter against any person or property, including
1445	1422		an animal;
1446	1423		3. With intent to threat en or intimidate a spouse, an intimate
1447	1424		partner, or an immediate family member of that person, viol ates a
1448	1425		protection order;
1449		-	4. With intent to commit a violent offense against a spouse,
1450		-	an intimate partner, or an immedia te family member of that person,
1451		-	violates a protection order; or
1452		-	5. Assaults a spouse, an intimate partner, or an immediate
1453		-	family member of that person by strangling or suffocating ,
1454		-	shall be punished as a court -martial may direct.
1455		-	SECTION 19. AMENDATORY 44 O.S. 2021, Section 934, is
1456		-	amended to read as follows:
1457	1426
1458		-	SENATE FLOOR VERSION - HB2382 SFLR Page 29
1459		-	(Bold face denotes Committee Amendments) 1
	1427	+	ENGR. H. B. NO. 2382 Page 29 1
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	1452	+	4. With intent to commit a violent offense against a spouse,
	1453	+	an intimate partner, or an immedia te family member of that person,
	1454	+	violates a protection order; or
	1455	+	5. Assaults a spouse, an intimate partner, or an immediate
	1456	+	family member of that person by strangling or suffocating ,
	1457	+	shall be punished as a court -martial may direct.
	1458	+	SECTION 19. AMENDATORY 44 O.S. 2021, Section 934, is
	1459	+	amended to read as follows:
1484	1460		Section 934. ARTICLE 134. General article.
1485	1461		Though not specifically mentioned in the Oklahoma Uniform Code
1486	1462		of Military Justice, all disorders and ne glects to the prejudice o f
1487	1463		good order and discipline in the st ate military forces, all conduct
1488	1464		of a nature to bring dis credit upon the state military forces, and
1489	1465		crimes and offenses not capital, of which persons subject to the
1490	1466		Code may be guilty, shall be taken cognizance of by a general,
1491	1467		special, or summary court -martial, according to the nature and
1492	1468		degree of the offense, and shall be punished at the discretion of
1493	1469		that court. However, where a crime constitutes an offense that
1494	1470		violates both the Code and th e criminal laws of the St ate of
1495	1471		Oklahoma, jurisdiction over th e offense shall be determined in
1496	1472		accordance with Section 802 of this title (Article 2). This section
1497	1473		shall encompass all specifically enumerated offenses included in
1498	1474		Section 934 of Title 10 of the United States Code , including all
1499		-	amendments thereto adopted from time to time, except when such
1500		-	provisions are contrary to or inconsistent with the Code .
1501		-	SECTION 20. AMENDATORY 44 O.S. 2021, Section 93 7, is
1502		-	amended to read as follows:
1503		-	Section 937. ARTICLE 137. Articles to be explained.
1504		-	A. 1. The sections of the Oklahoma Uniform Code of M ilitary
1505		-	Justice specified in paragraph 3 of this subsection shall be
1506		-	carefully explained, either orally or in writ ing, to each officer
1507		-	and enlisted member at the time of, or within one hundred twenty
1508	1475
1509		-	SENATE FLOOR VERSION - HB2382 SFLR Page 30
1510		-	(Bold face denotes Committee Amendments) 1
	1476	+	ENGR. H. B. NO. 2382 Page 30 1
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	1501	+	amendments thereto adopt ed from time to time, except when such
	1502	+	provisions are contrary to or inconsistent with the Code .
	1503	+	SECTION 20. AMENDATORY 44 O.S. 2021, Section 93 7, is
	1504	+	amended to read as follows:
	1505	+	Section 937. ARTICLE 137. Articles to be explained.
	1506	+	A. 1. The sections of the Oklahoma Uniform Code of M ilitary
	1507	+	Justice specified in paragraph 3 of this subsection shall be
	1508	+	carefully explained, either orally or in writ ing, to each officer
	1509	+	and enlisted member at the time of, or within one hundred twenty
1535	1510		(120) days after, the officer's or enlisted member's ini tial
1536	1511		entrance into a duty status with the state military forces.
1537	1512		2. Such articles shall be explained again:
1538	1513		a. after the enlisted member has completed basic or
1539	1514		recruit training, and
1540	1515		b. at the time when the enlisted member reenlists within
1541	1516		ninety (90) days of each re-enlistment.
1542	1517		3. This subsection applies with respect to S ections 802, 803,
1543	1518		807-815, 825, 827, 831, 837 , 838, 855, 877-934, and 937-939 of this
1544	1519		title (Articles 2, 3, 7-15, 25, 27, 31, 37, 38 , 55, 77-134, and 137-
1545	1520		139).
1546	1521		B. The text of the Code an d of the regulations prescribed
1547	1522		pursuant to the Code shall be made av ailable to an officer or
1548	1523		enlisted member of t he state military for ces, upon request, for the
1549	1524		officer's or enlisted member's personal examination. Electronic or
1550		-	online availability of the Code and of the regulations prescribed
1551		-	pursuant to the Code shall co nstitute availability for purposes of
1552		-	personal examination by offi cers or enlisted members of the state
1553		-	military forces.
1554		-	SECTION 21. NEW LAW A new section of law to be codified
1555		-	in the Oklahoma Statutes as Section 940C of Title 44, unless there
1556		-	is created a duplication in numbering, reads as follows:
1557		-	ARTICLE 140C. Manual for Courts-Martial.
1558	1525
1559		-	SENATE FLOOR VERSION - HB2382 SFLR Page 31
1560		-	(Bold face denotes Committee Amendments) 1
	1526	+	ENGR. H. B. NO. 2382 Page 31 1
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	1551	+	online availability of the Code and of the regulations prescribed
	1552	+	pursuant to the Code shall co nstitute availability for purposes of
	1553	+	personal examination by offi cers or enlisted members of the state
	1554	+	military forces.
	1555	+	SECTION 21. NEW LAW A new section of law to be codified
	1556	+	in the Oklahoma Statutes as Section 940C of Title 44, unless there
	1557	+	is created a duplication in numbering, reads as follows:
	1558	+	ARTICLE 140C. Manual for Courts-Martial.
1585	1559		Manual for Courts-Martial, United States, including all
1586	1560		amendments thereto adopte d from time to time, except when such rules
1587	1561		are contrary to or inconsi stent with the Oklahoma Uniform Code of
1588	1562		Military Justice, shall be adopted as the Oklahoma State Manual for
1589	1563		Courts-Martial.
1590	1564		SECTION 22. This act shall become effective November 1, 2023.
1591		-	COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS
1592		-	April 12, 2023 - DO PASS
	1565	+	Passed the House of Representatives the 13th day of March, 2023.
	1566	+
	1567	+
	1568	+
	1569	+
	1570	+	Presiding Officer of the House
	1571	+	of Representatives
	1572	+
	1573	+
	1574	+	Passed the Senate the ___ day of __________, 2023.
	1575	+
	1576	+
	1577	+
	1578	+
	1579	+	Presiding Officer of the Senate
	1580	+
	1581	+