Texas 2011 - 82nd Regular

Texas Senate Bill SB1766 Compare Versions

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1	1	By: Rodriguez S.B. No. 1766
2	2	(Flynn)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Code of Military Justice.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 432.001, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 432.001. DEFINITIONS. In this chapter:
12	12	(1) "Accuser" means a person who signs and swears to
13	13	charges, who directs that charges nominally be signed and sworn to
14	14	by another, or who has an interest other than an official interest
15	15	in the prosecution of the accused.
16	16	(2) "Active state duty" means duty authorized under
17	17	the constitution and laws of the state and all training authorized
18	18	under Title 32, United States Code.
19	19	(3) "Commanding officer" includes commissioned
20	20	officers and warrant officers of the state military forces who
21	21	either have been appointed to command by a superior authority or
22	22	have lawfully assumed command[, as applicable].
23	23	(4) "Convening authority" includes, in addition to the
24	24	person who convened the court, a commissioned officer commanding
25	25	temporarily, or a successor in command.
26	26	(5) "Day" means a calendar day and is not synonymous
27	27	with unit training assembly or any other accounting for training. A
28	28	punishment authorized under this chapter that is measured in terms
29	29	of days means calendar days.
30	30	(6) "Duty" means any presence or performance of any
31	31	service with or on behalf of the state military forces.
32	32	(7) "Enlisted member" means a person in an enlisted
33	33	grade.
34	34	(8) [(6)] "Grade" means a step or degree, in a
35	35	graduated scale of office or military rank, that is established and
36	36	designated as a grade by law or regulation.
37	37	(9) [(7)] "Judge advocate" means a commissioned
38	38	officer appointed to serve as a judge advocate by the adjutant
39	39	general under Section 432.005(b).
40	40	(10) [(8)] "Legal officer" means a commissioned
41	41	officer of the state military forces designated to perform legal
42	42	duties for a command.
43	43	(11) [(9)] "Military" refers to all or part of the
44	44	state military forces.
45	45	(12) [(10)] "Military court" means a court-martial,
46	46	court of inquiry, military commission, or provost court.
47	47	(13) [(11)] "Military judge" means an official of a
48	48	court-martial detailed in accordance with Section 432.045.
49	49	(14) [(12)] "Officer" means a commissioned or warrant
50	50	officer of the state military forces.
51	51	(15) [(13)] "Officer candidate" means a candidate
52	52	[cadet] of the state officer candidate school.
53	53	(16) [(14)] "Rank" means the order of precedence among
54	54	members of the state military forces.
55	55	(17) [(15)] "State judge advocate general" means the
56	56	judge advocate general of the state military forces, commissioned
57	57	in those forces, and responsible for supervising the administration
58	58	of military justice in the state military forces, and performing
59	59	other legal duties required by the adjutant general.
60	60	(18) [(16)] "State military forces" means the
61	61	National Guard of this state, as defined in Title 32, United States
62	62	Code [32 U.S.C. Sections 101(3), (4) and (6)], and other militia or
63	63	military forces organized under the laws of this state.
64	64	(19) [(17)] "Superior commissioned officer" means a
65	65	commissioned officer superior in rank or command.
66	66	SECTION 2. Section 432.002, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 432.002. PERSONS SUBJECT TO CHAPTER. This chapter
69	69	applies to all members of the state military forces who are not in
70	70	federal service under Title 10, United States Code.
71	71	SECTION 3. Subchapters B and C, Chapter 432, Government
72	72	Code, are amended to read as follows:
73	73	SUBCHAPTER B. APPREHENSION AND RESTRAINT; NONJUDICIAL PUNISHMENT
74	74	Sec. 432.008 [432.011]. APPREHENSION. (a) In this
75	75	subchapter, "apprehend" means to take a person into custody.
76	76	(b) A person authorized by this chapter or by regulations
77	77	issued under it to apprehend a person subject to this chapter, a
78	78	marshal of a court-martial appointed under this chapter, and a
79	79	peace officer having authority to apprehend offenders under the
80	80	laws of the United States or of a state, may do so on reasonable
81	81	belief that an offense has been committed and that the person
82	82	apprehended committed it.
83	83	(c) Commissioned officers, warrant officers, and
84	84	noncommissioned officers may quell quarrels, frays, and disorders
85	85	among persons subject to this chapter and apprehend persons subject
86	86	to this chapter who take part in those activities.
87	87	Sec. 432.009 [432.012]. APPREHENSION OF DESERTERS. A civil
88	88	officer or peace officer having authority to apprehend offenders
89	89	under the laws of the United States or a state, territory,
90	90	commonwealth, or possession, or the District of Columbia, may
91	91	summarily apprehend a deserter from the state military forces and
92	92	deliver the deserter into the custody of the state military forces.
93	93	Sec. 432.010 [432.013]. IMPOSITION OF RESTRAINT. (a) In
94	94	this subchapter:
95	95	(1) "Arrest" means the restraint of a person by an
96	96	order, not imposed as a punishment for an offense, directing the
97	97	person to remain within certain specified limits.
98	98	(2) "Confinement" means the physical restraint of a
99	99	person.
100	100	(b) An enlisted member may be ordered into arrest or
101	101	confinement by a commissioned officer by an oral or written order
102	102	delivered in person, through other persons subject to this chapter,
103	103	or through a person authorized by this chapter to apprehend
104	104	persons. A commanding officer may authorize warrant officers or
105	105	noncommissioned officers to order enlisted members of the officer's
106	106	[his] company or subject to the officer's [his] authority into
107	107	arrest or confinement.
108	108	(c) A commissioned officer or warrant officer may be ordered
109	109	apprehended or into arrest or confinement only by a commanding
110	110	officer to whose authority the person [he] is subject, by an oral or
111	111	written order delivered in person or by another commissioned
112	112	officer. The authority to order such persons apprehended or into
113	113	arrest or confinement may not be delegated.
114	114	(d) A person may not be ordered apprehended or into arrest
115	115	or confinement except for probable cause.
116	116	(e) This section does not limit the authority of persons
117	117	authorized to apprehend offenders to secure the custody of an
118	118	alleged offender until the proper authority may be notified.
119	119	Sec. 432.011 [432.014]. RESTRAINT OF PERSONS CHARGED WITH
120	120	OFFENSES. A person subject to this chapter charged with an offense
121	121	under this chapter shall be ordered into arrest or confinement, as
122	122	circumstances may require, but if charged with only an offense
123	123	normally tried by a summary court-martial, the person may not
124	124	ordinarily be placed in confinement. If a person subject to this
125	125	chapter is placed in arrest or confinement before trial, immediate
126	126	steps shall be taken to inform the person [him] of the specific
127	127	wrong of which the person [he] is accused and to try the person
128	128	[him] or to dismiss the charges and release the person [him]. A
129	129	person confined other than in a guardhouse, whether before, during,
130	130	or after trial by a military court, shall be confined in a civilian
131	131	[civil] jail.
132	132	Sec. 432.012 [432.015]. REPORTS AND RECEIVING OF
133	133	PRISONERS. (a) A provost marshal, commander of a guard, master at
134	134	arms, warden, keeper, or officer of a city or county jail or any
135	135	other jail designated under Section 432.011 [432.014] may not
136	136	refuse to receive or keep a prisoner committed to the person's [his]
137	137	charge, when the committing person furnishes a statement, signed by
138	138	the committing person [him], of the offense charged against the
139	139	prisoner.
140	140	(b) A commander of a guard, master at arms, warden, keeper,
141	141	or officer of a city or county jail or of any other jail designated
142	142	under Section 432.011 [432.014] to whose charge a prisoner is
143	143	committed shall, within 24 hours after that commitment or as soon as
144	144	the person [he] is relieved from guard, report to the commanding
145	145	officer of the prisoner the name of the prisoner, the offense
146	146	charged against the prisoner [him], and the name of the person who
147	147	ordered or authorized the commitment.
148	148	Sec. 432.013 [432.016]. PUNISHMENT PROHIBITED BEFORE
149	149	TRIAL. Subject to Section 432.093, a person, while being held for
150	150	trial or the result of trial, may not be subjected to punishment or
151	151	penalty other than arrest or confinement on the charges pending
152	152	against the person, nor may the arrest or confinement imposed on the
153	153	person be more rigorous than the circumstances require to ensure
154	154	the person's presence, but the person may be subjected to minor
155	155	punishment during that period for infractions of discipline.
156	156	Sec. 432.014 [432.017]. DELIVERY OF OFFENDERS TO CIVIL
157	157	AUTHORITIES. (a) Under regulations prescribed under this chapter
158	158	a person subject to this chapter who is on active state duty and who
159	159	is accused of an offense against civil authority may be delivered,
160	160	on request, to the civil authority for trial.
161	161	(b) If delivery under this section is made to a civil
162	162	authority of a person undergoing sentence of a court-martial, the
163	163	delivery, if followed by conviction in a civil tribunal, interrupts
164	164	the execution of the sentence of the court-martial, and the
165	165	offender, after having answered to the civil authorities for the
166	166	offense, on the request of competent military authority, shall be
167	167	returned to military custody for the completion of the sentence.
168	168	[SUBCHAPTER C. NONJUDICIAL PUNISHMENT]
169	169	Sec. 432.015 [432.021]. COMMANDING OFFICER'S NONJUDICIAL
170	170	PUNISHMENT. (a) Under regulations as [that the governor] may be
171	171	prescribed, any commanding officer may impose disciplinary
172	172	punishments for minor offenses without the intervention of a
173	173	court-martial in accordance with this subchapter. There is no
174	174	right to trial by court-martial in lieu of nonjudicial punishment
175	175	imposed under this section. Only the governor, the adjutant
176	176	general, or an officer of a general or flag rank in command may
177	177	delegate the powers under this section to a principal assistant who
178	178	is a member of the state military forces.
179	179	(b) Any accused person who is facing discipline under this
180	180	section [prescribe, limitations may be placed on the powers granted
181	181	by this section with respect to the kind and amount of punishment
182	182	authorized, the categories of commanding officers and warrant
183	183	officers exercising command authorized to exercise those powers,
184	184	the applicability of this section to an accused who demands trial by
185	185	court-martial, and the kinds of courts-martial to which the case
186	186	may be referred on such a demand. However, except in the case of a
187	187	member attached to or embarked in a vessel, punishment may not be
188	188	imposed on a member of the state military forces under this section
189	189	if the member, before the imposition of the punishment, has
190	190	demanded trial by court-martial in lieu of the punishment. Under
191	191	similar regulations, rules may be prescribed with respect to the
192	192	suspension of punishments authorized by this section. If
193	193	authorized by regulations of the governor, the governor or an
194	194	officer of general rank in command may delegate the governor's or
195	195	officer's powers under this section to a principal assistant. If
196	196	disciplinary punishment other than admonition or reprimand is to be
197	197	imposed, the accused] shall be afforded the opportunity to be
198	198	represented by defense counsel having the qualifications
199	199	prescribed under Section 432.046(b), if such a counsel is
200	200	reasonably available. Otherwise, the accused shall be afforded the
201	201	opportunity to be represented by any available commissioned officer
202	202	of the accused's [his] choice. The accused may also be represented
203	203	by [employ] civilian counsel [of his own choosing] at no [his own]
204	204	expense to the state. In all proceedings, the accused is allowed
205	205	three duty days, or longer on written justification, to reply to the
206	206	notification of intent to impose punishment under this section.
207	207	(c) Any [(b) Subject to Subsection (a), a] commanding
208	208	officer may[, in addition to or in lieu of admonition or reprimand,]
209	209	impose on enlisted members in the officer's [one or more of the
210	210	following disciplinary punishments for minor offenses without the
211	211	intervention of a court-martial:
212	212	[(1) on officers of his] command:
213	213	(1) a reprimand;
214	214	(2) [(A) restriction to certain specified limits
215	215	with or without suspension from duty, for not more than 30 days; or
216	216	[(B) if imposed by the governor, or an officer of
217	217	general rank in command:
218	218	[(i) arrest in quarters for not more than 30
219	219	days;
220	220	[(ii) forfeiture of not more than half of
221	221	one month's pay a month for two months or] a fine equal to an amount
222	222	that is [of] not more than seven days' pay [$75]; and
223	223	(3) a reduction to the next inferior pay grade.
224	224	(d) Any [(iii) restriction to certain specified limits,
225	225	with or without suspension from duty, for not more than 60 days; or
226	226	[(iv) detention of not more than half of one
227	227	month's pay a month for three months; and
228	228	[(2) on other personnel of his command:
229	229	[(A) if imposed on a person attached to or
230	230	embarked in a vessel, confinement for not more than three days;
231	231	[(B) correctional custody for not more than seven
232	232	days;
233	233	[(C) forfeiture of not more than seven days' pay
234	234	or a fine of not more than $50;
235	235	[(D) reduction of not more than two pay grades,
236	236	if imposed by a] commanding officer of the grade of O-4 [colonel] or
237	237	above may impose on enlisted members in the officer's command:
238	238	(1) a reprimand;
239	239	(2) [, or reduction of not more than one pay grade, if
240	240	imposed by a commanding officer of a grade lower than colonel;
241	241	[(E) extra duties including fatigue or other
242	242	duties, for not more than 30 days, which need not be consecutive,
243	243	and for not more than two hours a day, holidays included;
244	244	[(F) restriction to certain specified limits,
245	245	with or without suspension from duty for not more than 14 days;
246	246	[(G) detention of not more than 14 days' pay; or
247	247	[(H) if imposed by an officer of the grade of
248	248	major or above:
249	249	[(i) the punishment authorized under
250	250	Subsection (b)(2)(A);
251	251	[(ii) correctional custody for not more
252	252	than 30 days;
253	253	[(iii) forfeiture of not more than half of
254	254	one month's pay a month for two months or] a fine equal to an amount
255	255	that is [of] not more than one month's pay [$100]; and
256	256	(3) a [(iv)] reduction to the lowest or any
257	257	intermediate pay grade, [if the grade from which demoted is within
258	258	the promotion authority of the officer imposing the reduction or an
259	259	officer subordinate to the one who imposes the reduction,] but an
260	260	enlisted member in a pay grade above E-4 may not be reduced more
261	261	than two pay grades[;
262	262	[(v) extra duties, including fatigue or
263	263	other duties, for not more than 45 days which need not be
264	264	consecutive and for not more than two hours a day, holidays
265	265	included;
266	266	[(vi) restriction to certain specified
267	267	limits with or without suspension from duty, for not more than 60
268	268	days; or
269	269	[(vii) detention of not more than half of
270	270	one month's pay a month for three months.
271	271	[(c) Detention of pay shall be for a stated period of not
272	272	more than one year, but if the offender's term of service expires
273	273	earlier, the detention shall terminate on that expiration. No two
274	274	or more of the punishments of arrest in quarters, correctional
275	275	custody, extra duties, and restriction may be combined to run
276	276	consecutively in the maximum amount imposable for each. If any of
277	277	those punishments are combined to run consecutively, there must be
278	278	an apportionment. In addition, fine or forfeiture of pay may not be
279	279	combined with detention of pay without an apportionment. For the
280	280	purposes of this section "correctional custody" means the physical
281	281	restraint of a person during duty or nonduty hours and may include
282	282	extra duties, fatigue duties, or hard labor. If practicable,
283	283	correctional custody may not be required to be served in immediate
284	284	association with persons awaiting trial or held in confinement
285	285	pursuant to trial by courts-martial.
286	286	[(d) An officer in charge may impose on enlisted members
287	287	assigned to the unit of which he is in charge those of the
288	288	punishments authorized under Subsections (b)(2)(A)-(G) that the
289	289	governor specifically prescribes by regulation].
290	290	(e) The governor, the adjutant general, an officer
291	291	exercising general court-martial convening authority, or an
292	292	officer of a general or flag rank in command may impose:
293	293	(1) on officers in the officer's command:
294	294	(A) a reprimand; and
295	295	(B) a fine equal to an amount that is not more
296	296	than one month's pay; and
297	297	(2) on enlisted members in the officer's command, any
298	298	punishment authorized under Subsection (d).
299	299	(f) The officer who imposes the punishment authorized in
300	300	this section [Subsection (b)] or the officer's [his] successor in
301	301	command may at any time suspend, set aside, reduce, or remit
302	302	[probationally] any part or amount of the [unexecuted] punishment
303	303	[imposed and may suspend probationally a reduction in grade or fine
304	304	or forfeiture imposed under Subsection (b), whether or not
305	305	executed. In addition, the officer may, at any time, remit or
306	306	mitigate any part or amount of the unexecuted punishment imposed
307	307	and may set aside in whole or in part the punishment, whether
308	308	executed or unexecuted,] and restore all rights, privileges, and
309	309	property affected. The [officer may also mitigate reduction in
310	310	grade to fine or forfeiture or detention of pay. If mitigating
311	311	arrest in quarters to restriction or extra duties to restriction,
312	312	the] mitigated punishment may not be for a greater amount [period]
313	313	than the punishment mitigated. When [If mitigating forfeiture of
314	314	pay to detention of pay, the amount of the detention may not be
315	315	greater than the amount of the forfeiture. If] mitigating
316	316	reduction in grade to a fine, [forfeiture, or detention of pay,] the
317	317	amount of the fine[, forfeiture, or detention] may not be greater
318	318	than the amount that could have been imposed initially under this
319	319	section by the officer who imposed the punishment mitigated.
320	320	(g) [(f)] A person punished under this section who
321	321	considers the punishment unjust or disproportionate to the offense
322	322	may, through the proper channel, appeal to the next superior
323	323	authority not later than the 15th day after the date the punishment
324	324	is either announced or sent to the accused, as the commanding
325	325	officer determines [through the proper channel]. The appeal shall
326	326	be promptly forwarded and decided, but the person punished may in
327	327	the meantime be required to undergo the punishment adjudged. The
328	328	superior authority may exercise the same powers with respect to the
329	329	punishment imposed as may be exercised under Subsection (f) [(e)]
330	330	by the officer who imposed the punishment. Before acting on an
331	331	appeal from a punishment [of arrest in quarters for more than seven
332	332	days, correctional custody for more than seven days, forfeiture of
333	333	more than seven days' pay, reduction of one or more pay grades from
334	334	the fourth or a higher pay grade, extra duties for more than 14
335	335	days, restriction of more than 14 days' pay, or detention of more
336	336	than 14 days' pay], the authority who is to act on the appeal may
337	337	[shall] refer the case to a judge advocate [or legal officer of the
338	338	state military forces] for consideration and advice[, and may
339	339	similarly refer the case on appeal from a punishment imposed under
340	340	Subsection (b)].
341	341	(h) [(g)] The imposition and enforcement of disciplinary
342	342	punishment under this section for any [an] act or omission is not a
343	343	bar to trial by court-martial or a civilian court of competent
344	344	jurisdiction for a serious crime or offense growing out of the same
345	345	act or omission and not properly punishable under this section, but
346	346	the fact that a disciplinary punishment has been enforced may be
347	347	shown by the accused on trial and, when shown, shall be considered
348	348	in determining the measure of punishment to be adjudged in the event
349	349	of a finding of guilty.
350	350	(i) Regulations [(h) The governor by regulation] may
351	351	prescribe the form of records to be kept of proceedings under this
352	352	section and [may require] that certain categories of those
353	353	proceedings shall be in writing.
354	354	[(i) A commanding officer may delegate authority to make a
355	355	reduction in pay grade under Subsection (b)(2)(D) to the commanding
356	356	officer's executive officer, chief of staff, or vice commander.]
357	357	SECTION 4. Section 432.031, Government Code, is amended to
358	358	read as follows:
359	359	Sec. 432.031. COURTS-MARTIAL CLASSIFIED. The three kinds
360	360	of courts-martial in each of the state military forces are:
361	361	(1) general court-martial, consisting of:
362	362	(A) a military judge and not fewer than five
363	363	members; or
364	364	(B) only a military judge, if before the court is
365	365	assembled the accused, knowing the identity of the military judge
366	366	and after consultation with defense counsel, requests in writing a
367	367	court composed only of a military judge and the military judge
368	368	approves;
369	369	(2) special court-martial, consisting of:
370	370	(A) [not fewer than three members; or
371	371	[(B)] a military judge and not fewer than three
372	372	members; or
373	373	(B) [(C)] only a military judge, if one has been
374	374	detailed to the court, and the accused under the same conditions as
375	375	those prescribed in Subdivision (1)(B) requests; and
376	376	(3) summary court-martial, consisting of one officer,
377	377	who must be a military judge or an attorney licensed to practice law
378	378	in this state.
379	379	SECTION 5. Section 432.032, Government Code, is amended to
380	380	read as follows:
381	381	Sec. 432.032. JURISDICTION OF COURT-MARTIAL IN GENERAL.
382	382	Each force of the state military forces has court-martial
383	383	jurisdiction over a member of the force who is subject to this
384	384	chapter. The Texas Army National Guard and the Texas Air National
385	385	Guard have court-martial jurisdiction over all enlisted members
386	386	[all persons] subject to this chapter. The exercise of
387	387	jurisdiction by one force over personnel of another force shall be
388	388	in accordance with regulations prescribed by the governor.
389	389	SECTION 6. Subsection (a), Section 432.033, Government
390	390	Code, is amended to read as follows:
391	391	(a) Subject to Section 432.032, a general court-martial has
392	392	jurisdiction to try a person subject to this chapter for any offense
393	393	made punishable by this chapter and may, under limitations the
394	394	governor prescribes, adjudge any of the following punishments:
395	395	(1) reprimand;
396	396	(2) forfeiture of pay and allowances;
397	397	(3) a fine of not more than $10,000;
398	398	(4) reduction of any enlisted member to any lower
399	399	rank;
400	400	(5) [$1,000 or] confinement for not more than five
401	401	years;
402	402	(6) [360 days;
403	403	[(2) forfeiture of pay and allowances;
404	404	[(3) reprimand;
405	405	[(4)] dismissal or bad conduct or dishonorable
406	406	discharge[;
407	407	[(5) reduction of a noncommissioned officer to the
408	408	ranks]; or
409	409	(7) [(6)] any combination of those punishments.
410	410	SECTION 7. Section 432.034, Government Code, is amended to
411	411	read as follows:
412	412	Sec. 432.034. JURISDICTION OF SPECIAL COURT-MARTIAL.
413	413	(a) Subject to Section 432.032, a special court-martial has
414	414	jurisdiction to try a person subject to this chapter, except a
415	415	commissioned officer, for any offense [for which he may be
416	416	punished] under this chapter. A special court-martial has the same
417	417	powers of punishment as a general court-martial, except that a
418	418	special court-martial may not impose more than a $4,000 [$500] fine
419	419	and [or] confinement of not more than one year [180 days] for a
420	420	single offense.
421	421	(b) A dismissal or bad conduct [dishonorable] discharge may
422	422	not be adjudged unless a complete record of the proceedings and
423	423	testimony is made, counsel having the qualifications prescribed
424	424	under Section 432.046(b) is detailed to represent the accused, and
425	425	a military judge is detailed to the trial, except in a case in which
426	426	a military judge cannot be detailed to the trial because of physical
427	427	conditions or military exigencies. In a case in which a military
428	428	judge is not detailed to the trial, the convening authority shall
429	429	make a detailed written statement, to be appended to the record,
430	430	stating the reason a military judge could not be detailed.
431	431	SECTION 8. Subsections (a) and (c), Section 432.035,
432	432	Government Code, are amended to read as follows:
433	433	(a) Subject to Section 432.032, a summary court-martial has
434	434	jurisdiction to try persons subject to this chapter, except
435	435	officers, for any offense under [made punishable by] this chapter.
436	436	(c) A summary court-martial may sentence a person to pay a
437	437	fine of not more than $1,000 and [$200 or] confinement for not more
438	438	than 90 days for a single offense, to forfeit [forfeiture of] pay
439	439	and allowances, and to reduction of a noncommissioned officer to
440	440	any lower rank [the ranks].
441	441	SECTION 9. Section 432.042, Government Code, is amended to
442	442	read as follows:
443	443	Sec. 432.042. WHO MAY CONVENE SPECIAL COURT-MARTIAL. In
444	444	the state military forces not in federal service, any commander in
445	445	the grade of O-5 [lieutenant colonel] or [in a] higher [grade] may
446	446	convene a special court-martial.
447	447	SECTION 10. Section 432.043, Government Code, is amended to
448	448	read as follows:
449	449	Sec. 432.043. WHO MAY CONVENE SUMMARY COURT-MARTIAL. In
450	450	the state military forces not in federal service, any commander in
451	451	the grade of O-4 [major] or [in a] higher [grade] may convene a
452	452	summary court-martial.
453	453	SECTION 11. Subsections (a), (c), and (d), Section 432.044,
454	454	Government Code, are amended to read as follows:
455	455	(a) Any [A] state commissioned officer in a duty status is
456	456	eligible to serve on a court-martial [for the trial of a person who
457	457	may lawfully be brought before the court for trial].
458	458	(c) An enlisted member of the state military forces in a
459	459	duty status who is not a member of the same unit as the accused is
460	460	eligible to serve on general and special courts-martial for the
461	461	trial of an enlisted member of the state military forces who may
462	462	lawfully be brought before the court for trial if, before the
463	463	conclusion of a session called by the military judge under Section
464	464	432.064(a) before trial or, in the absence of such a session, before
465	465	the court is assembled for the trial of the accused, the accused
466	466	personally has requested in writing that enlisted members serve on
467	467	it. After such a request, the accused may not be tried by a general
468	468	or special court-martial the membership of which does not include
469	469	enlisted members in a number comprising at least one-third of the
470	470	total membership of the court, unless eligible members cannot be
471	471	obtained because of physical conditions or military exigencies. If
472	472	a sufficient number of enlisted members cannot be obtained, the
473	473	court may be convened and the trial held without them, but the
474	474	convening authority shall make a detailed written statement, to be
475	475	appended to the record, stating why they could not be obtained. In
476	476	this subsection, "unit" means a regularly organized body of the
477	477	state military forces not larger than a company, squadron, division
478	478	of the naval militia, or body corresponding to a company, squadron,
479	479	or division.
480	480	(d) When [If] it can be avoided, a person subject to this
481	481	chapter may not be tried by a court-martial[, a member] of which any
482	482	member is junior to the accused [him] in rank or grade. On
483	483	convening a court-martial, the convening authority shall detail as
484	484	members of the court-martial members of the state military forces
485	485	that, in the convening authority's [his] opinion, are best
486	486	qualified for the duty because of age, education, training,
487	487	experience, length of service, and judicial temperament. A member
488	488	of the state military forces is not eligible to serve as a member of
489	489	a general or special court-martial if the member is the accuser, is
490	490	[or] a witness, [for the prosecution] or has acted as investigating
491	491	officer or counsel in the same case.
492	492	SECTION 12. Subsection (d), Section 432.045, Government
493	493	Code, is amended to read as follows:
494	494	(d) A person who is the accuser, is [or] a witness, [for the
495	495	prosecution] or has acted as investigating officer or counsel in a
496	496	case is not eligible to act as military judge in the same case.
497	497	SECTION 13. Section 432.046, Government Code, is amended by
498	498	adding Subsection (b-1) to read as follows:
499	499	(b-1) Trial counsel or defense counsel detailed for a
500	500	general court-martial may not be under the supervision or command
501	501	of the other counsel unless the accused and the prosecution
502	502	expressly waive this restriction.
503	503	SECTION 14. Subsection (d), Section 432.062, Government
504	504	Code, is amended to read as follows:
505	505	(d) In the preparation of an effectiveness, fitness, or
506	506	efficiency report, or another report or document used in whole or
507	507	part for determining whether a member of the state military forces
508	508	is qualified to be advanced in grade, in determining the assignment
509	509	or transfer of a member of the state military forces, or in
510	510	determining whether a member of the state military forces should be
511	511	retained on duty, a person subject to this chapter may not:
512	512	(1) consider or evaluate the performance of duty of
513	513	the member as a member of a court-martial or a witness in a
514	514	court-martial; or
515	515	(2) give a less favorable rating or evaluation of a
516	516	member of the state military forces because of the zeal with which
517	517	the member, as counsel, represented an accused before a
518	518	court-martial.
519	519	SECTION 15. Subchapter J, Chapter 432, Government Code, is
520	520	amended by adding Section 432.1225 to read as follows:
521	521	Sec. 432.1225. PENAL CODE OFFENSES. A person subject to
522	522	this chapter who commits an offense under the Penal Code is
523	523	considered to violate this chapter and is subject to punishment
524	524	under this chapter.
525	525	SECTION 16. Section 432.183, Government Code, is amended to
526	526	read as follows:
527	527	Sec. 432.183. CHAPTER [SECTIONS] TO BE EXPLAINED. This
528	528	chapter [Sections 432.002, 432.003, 432.011-432.017, 432.021,
529	529	432.044, 432.046, 432.052, 432.062, 432.063, 432.091,
530	530	432.121-432.167, and 432.183-432.185] shall be carefully explained
531	531	to every enlisted member at the time of or not later than the 30th
532	532	day after the date of the member's [his] enlistment, transfer, or
533	533	induction into, or the member's [his] order to duty in or with, any
534	534	of the state military forces. It [They] shall also be explained
535	535	annually to each unit of the state military forces. A complete text
536	536	of this chapter and of the regulations prescribed by the governor
537	537	under this chapter shall be made available to any member of the
538	538	state military forces, on the member's [his] request, for the
539	539	member's [his] personal examination.
540	540	SECTION 17. Subsection (b), Section 432.190, Government
541	541	Code, is amended to read as follows:
542	542	(b) A fine or forfeiture imposed by nonjudicial punishment
543	543	or a special or summary court-martial shall be paid to the officer
544	544	imposing nonjudicial punishment or ordering the court or to the
545	545	officer commanding at that time. The officer, not later than the
546	546	fifth day after the date of the payment's receipt, shall place it to
547	547	the credit of the military unit fund of the unit of which the person
548	548	fined was a member when the fine was imposed.
549	549	SECTION 18. The change in law made by this Act applies only
550	550	to an offense committed on or after the effective date of this Act.
551	551	For purposes of this section, an offense is committed before the
552	552	effective date of this Act if any element of the offense occurs
553	553	before the effective date. An offense committed before the
554	554	effective date of this Act is covered by the law in effect when the
555	555	offense was committed, and the former law is continued in effect for
556	556	that purpose.
557	557	SECTION 19. This Act takes effect September 1, 2011.