A BILL TO BE ENTITLED
AN ACT to make various changes to the statutes relating to national guard courts‑martial.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 127A‑47 reads as rewritten:
"§ 127A‑47.  Courts‑martial for national guard.
Courts‑martial for organizations of the national guard not in the service of the United States shall be of three kinds, namely, general courts‑martial, special courts‑martial, and summary courts‑martial. They shall be constituted, have cognizance of the same subjects, and possess like powers, as similar courts provided for by the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be currently in use, except that no court shall have the power to impose confinement as part of a sentence. The proceedings of courts‑martial of the national guard shall follow the forms and modes of procedure prescribed for such similar courts."
SECTION 2.  G.S. 127A‑48 reads as rewritten:
"§ 127A‑48.  General courts‑martial.
General courts‑martial of the national guard not in the service of the United States may be convened by orders of the Governor of the State, and such courts shall have the power to impose punishments in like manner and to the extent prescribed by the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be in use by the armed forces of the United States at the time of the offense, except that no court shall have the authority to impose confinement as part of a sentence."
SECTION 3.  G.S. 127A‑49 reads as rewritten:
"§ 127A‑49.  Special courts‑martial; appointments, power and authority.
In the national guard, not in the service of the United States, special courts‑martial may be appointed by any of the following:
(1)	Any person who may convene a general court‑martial.
(2)	The Adjutant General of North Carolina.
(3)	The commander of a brigade, regiment, comparable or higher command of the North Carolina army national guard, provided that such commander is a general officer.
(4)	The commander of a wing, group, separate squadron, comparable or higher command of the North Carolina air national guard, provided that such commander is a general officer.(5)	The commander or officer in charge of any North Carolina national guard command when empowered by the Governor or the Adjutant General of North Carolina, provided that such commander or officer is a general officer.
Except as to commissioned officers, such courts‑martial shall have the power and authority to try any person subject to military law for any crimes or offenses within the jurisdiction of a general military court. Such courts‑martial shall have the power to impose punishments in like manner and to the extent prescribed by the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be in use by the armed forces of the United States at the time of the offense, except that no court shall have the authority to impose confinement as part of a sentence."
SECTION 4.  G.S. 127A‑50 reads as rewritten:
"§ 127A‑50.  Summary courts‑martial.

In the national guard, not in the service of the United States, summary courts‑martial may be appointed by any of the following:
(1)	Any person who may convene a general or special court‑martial.
(2)	The commander of a battalion, comparable or higher command of the North Carolina army national guard, provided that such commander is an officer of the grade of major or above.
(3)	The commander of a detached squadron, comparable or higher command of the North Carolina air national guard, provided that such commander is an officer of the grade of major or above.
Such court shall consist of one officer who shall have the power to administer oaths and try enlisted personnel of each respective command for breaches of discipline and violations of laws governing such organizations. Such courts shall also have the power to impose punishments in like manner and to the extent prescribed by the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be in use by the armed forces of the United States at the time of the offense, except that no court shall have the authority to impose confinement as part of a sentence. There shall be no right to demand trial by court‑martial."
SECTION 5.  G.S. 127A‑50.1 reads as rewritten:
"§ 127A‑50.1.  Military judges.
The Adjutant General shall appoint military judges to preside over courts‑martial of the National Guard not in federal service. Minimum requirements for appointment as a military judge are:
(1)	Certification as a military judge by the Judge Advocate General of the Army, Air Force, Navy, Marines, or Coast Guard.
(2)	Designation as a judge advocate by The Judge Advocate General of the Army, Navy, Air Force, Marines, or Coast Guard.
(3)	Membership in the North Carolina National Guard, the National Guard of another state, or the active or reserve components of any of the military services."
SECTION 6.  G.S. 127A‑51 reads as rewritten:
"§ 127A‑51.  Nonjudicial punishment.
Any commander of the national guard, not in the service of the United States, may, in addition to or in lieu of admonition or reprimand, impose nonjudicial punishment in like manner and to the extent prescribed by Article 15 of the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be currently in use by the armed forces of the United States except that there shall be no right to demand trial by court‑martial."
SECTION 7.  G.S. 127A‑52 reads as rewritten:
"§ 127A‑52.  Jurisdiction of courts‑martial.
The jurisdiction of courts‑martial of the national guard, not in the service of the United States, shall be as prescribed by the Manual for Courts‑Martial, United States, as shall be currently in use by the armed forces of the United States. Such courts‑martial shall have jurisdiction to try accused persons for offenses committed while serving without the State and while going to and returning from such service without the State in like manner and to the same extent as while serving within the State."
SECTION 8.  G.S. 127A‑53 reads as rewritten:
"§ 127A‑53.  Manual for Courts‑Martial.
Trials and proceedings by all courts and boards shall be in accordance with the Manual for Courts‑Martial, United States, as shall be currently in use by the armed forces of the United States, except as modified by this Chapter."
SECTION 9.  G.S. 127A‑54 reads as rewritten:
"§ 127A‑54.  Sentences; where executed.
Persons sentenced to confinement by any military court of this State shall be placed in the custody of the Department of Correction for service of their sentence. Upon agreement by a local government and the Department of Correction, the sentence may be served at a local government confinement facility with the expense of confinement paid by the State."
SECTION 10.  G.S. 127A‑55 reads as rewritten:
"§ 127A‑55.  Forms for courts‑martial procedure.
In the national guard, not in the service of the United States, forms for courts‑martial procedure shall be substantially as those set forth in the Appendices, Manual for Courts‑Martial, United States, as shall be currently in use by the armed forces of the United States, with any modifications required by this Chapter."
SECTION 11.  G.S. 127A‑56 reads as rewritten:
"§ 127A‑56.  Powers of courts‑martial.
In the national guard, not in the service of the United States, a military judge  shall have power to issue warrants to arrest an accused person and to bring the person before a court for trial whenever such person has disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue subpoenas and subpoenas duces tecum, and to enforce by attachment attendance of witnesses and the production of books, papers, records and other articles subject to a subpoena duces tecum, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. He shall also have power to punish for contempt occurring in the presence of the court.
In addition to the power to issue warrants set forth in the first paragraph of this section, the arrest and confinement of persons subject to this Chapter may be accomplished by the means and under the procedures set forth in Articles 9 and 10 of the Uniform Code of Military Justice, Manual for Courts‑Martial, United States, as shall be currently in use by the armed forces of the United States, except that no court shall have the authority to impose confinement as part of a sentence."
SECTION 12.  G.S. 127A‑57 reads as rewritten:
"§ 127A‑57.  Execution of processes and sentences.
All warrants and other processes authorized by this Chapter and sentences of any of the military courts of this State shall be executed by any State or local law enforcement officer into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor; but all costs in such cases shall be paid from funds  appropriated to the Department of Crime Control and Public Safety. The actual necessary expenses of conveying a prisoner from one county in the State to another, when the same is authorized and directed by the Adjutant General of the State, shall be paid from the funds of the Department of Crime Control and Public Safety."
SECTION 13.  G.S. 127A‑58 is repealed.
SECTION 14.  G.S. 127A‑59 reads as rewritten:
"§ 127A‑59.  Sentences.
When any sentence shall be imposed by any military court of this State, it shall be the duty of the military judge, upon the approval of the findings and sentence of such court, to make out and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of sentence, and the terms of the sentence. If the court‑martial was tried without a military judge, then any military judge may make out and sign the certificate after reviewing the approved findings and the sentence for compliance with this Chapter. The trial counsel shall deliver such certificate to the Clerk of Court for the Superior Court of the county wherein the sentence was imposed, or the Clerk of the Superior Court for Wake County if the court‑martial was held out of State, and it shall thereupon be the duty of the Clerk to take such actions as are necessary to carry said sentence into execution in the manner prescribed by law as determined in the courts of this State. The Administrative Office of the Courts shall ensure that the State's criminal history records include pertinent information relating to a court‑martial under this Chapter in a like manner as a comparable offense under the State's criminal laws would be recorded."
SECTION 15.  G.S. 127A‑60 reads as rewritten:
"§ 127A‑60.  Sentence of dismissal or discharge.
No sentence of dismissal from the service or discharge imposed by a national guard court‑martial not in the service of the United States, shall be executed until approved by the Governor. Any officer convicted by a general court‑martial and dismissed from the service shall be forever disqualified from holding a commission in the militia."
SECTION 16.  G.S. 127A‑147 reads as rewritten:
"§ 127A‑147.  Orders, rules, regulations and Uniform Code of Military Justice applicable to militia when not in service of United States.
The national guard, State defense militia and naval militia, when not in the service of the United States, shall be governed by State law, the orders, rules and regulations of the Adjutant General, regulations promulgated by the secretary of the appropriate service of the armed forces of the United States, and the Uniform Code of Military Justice, as amended from time to time."
SECTION 17.  G.S. 127A‑153 reads as rewritten:
"§ 127A‑153.  Protection of uniform.
(a)	The wearing of any military uniform of the United States government by members of the militia shall be pursuant to applicable regulations promulgated by the respective armed services of the United States and regulations of the Adjutant General of North Carolina not inconsistent with federal uniform regulations.
(b)	The wearing of any military uniform of the North Carolina State government by members of the militia shall be pursuant to applicable regulations promulgated by the Adjutant General of North Carolina.
(c)	Members of the militia who violate the regulations referred to in (a) and (b) above shall, upon conviction by a court‑martial, be punished in like manner and to the extent prescribed by Article 134 of the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as shall be in use by the armed forces of the United States at the time of the offense, except that no court shall have the authority to impose confinement as part of a sentence.
(d)	Persons not subject to courts‑martial who violate the regulations referred to in (a) and (b) above may be charged and tried in the State courts and upon conviction shall be punished as provided in (c) above."
SECTION 18.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.