Texas Senate Bill SB1766

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/11/11
• Introduced: 3/11/11
• Voted on by Senate: 4/20/11
• Refer: 3/23/11
• Out of House Committee: 5/11/11
• Report Pass: 4/11/11
• Engrossed: 4/20/11
• Refer: 4/29/11
• Report Pass: 5/5/11
• Report Pass: 5/13/11

Caption

Relating to the Texas Code of Military Justice.

Impact

This bill significantly impacts the jurisdiction and procedural operations of military courts within Texas, establishing clear guidelines for trial procedures and nonjudicial disciplinary actions that commanding officers can impose. By delineating the powers and responsibilities of various court types, including general, special, and summary courts-martial, SB1766 aims to standardize military judicial processes and ensure fairness in the treatment of personnel subject to military law. This also includes explicit stipulations that promote transparency in the proceedings and the treatment of accused service members.

Summary

SB1766 amends the Texas Code of Military Justice to enhance and clarify the provisions governing military courts and the jurisdiction of disciplinary actions. The bill introduces specific definitions and expands the categories of persons subject to the code while making essential adjustments to the structure and procedures applicable to different types of courts-martial. Among the notable amendments are the comprehensive definitions for 'commanding officer' and 'military judge', which help streamline command authority within the military judiciary framework.

Contention

While the bill has garnered support for providing structure to military justice, there are concerns regarding the balance of power between commanding officers and the rights of enlisted personnel. Critics argue that the broad discretionary powers granted to commanding officers for imposing nonjudicial punishment can potentially lead to abuses or unfair treatment of lower-ranking soldiers. The scope of the code's definitions, especially regarding 'apprehension' and 'restraint', raises apprehensions about the potential for overreach and the adequacy of safeguards for service member rights during disciplinary actions.