13RS HB362
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HB362

13RS

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HB 362 (BR 946) - T. Pullin, J. Greer, T. Moore

     AN ACT relating to military justice.
     Create new sections of KRS Chapter 35, the Kentucky Code of Military Justice, to include crimes of wrongful use and possession of a controlled substance; misbehavior of a sentinel; dueling; robbery; forgery; making, drawing, or uttering a check, draft, or order without sufficient funds; maiming; arson; extortion; assault; housebreaking; and frauds against the government.

HB 362 - AMENDMENTS


     HCS - Amend KRS Chapter 35 to update the Kentucky Code of Military Justice; amend KRS 35.010 with definitions, including defining "state military forces" with regards to the Kentucky National Guard and "code" to mean Chapter 35; amend KRS 35.015 regarding application of code to all members of the state military forces and outline subject matter jurisdiction; amend KRS 35.020 as it relates to jurisdiction to try certain personnel; repeal, reenact as a new section, and amend KRS 35.022 relating to senior force judge advocates and judge advocates; create a new section of KRS Chapter 35 regarding military judges and regulations relating to their selection; amend KRS 35.035 regarding apprehension of persons subject to this code; amend KRS 35.045 regarding the imposition of arrest or restraint; amend KRS 35.050 regarding restraint of persons charged with offenses; amend KRS 35.055 regarding confinement or imprisonment in civil jails and the reporting and receiving of prisoners; create a new section of KRS Chapter 35 prohibiting the confinement of members of the state military forces with enemy prisoners; amend KRS 35.060 regarding prohibiting punishment before trial; amend KRS 35.065 regarding delivering the offender to civil authorities; amend KRS 35.070 regarding nonjudicial punishment that the commanding officer may prescribe; amend KRS 35.075 classifying the two types of court-martial; amend KRS 35.080 regarding jurisdiction of courts-martial in general; amend KRS 35.085 regarding the jurisdiction of general courts-martial; amend KRS 35.090 regarding the jurisdiction of special courts-martial; amend KRS 35.105 to outline who may convene a general courts-martial; amend KRS 35.110 to outline who may convene a special courts-martial; amend KRS 35.120 to outline who may serve on courts-martial; amend KRS 35.125 regarding the military judge of a general or special courts-martial; amend KRS 35.130 regarding the detail of trial counsel and defense counsel; amend KRS 35.140 regarding the detail or employment of court reporters and interpreters; amend KRS 35.150 regarding charges and specifications; amend KRS 35.155 prohibiting compulsory self-incrimination; amend KRS 35.160 regarding the investigation of charges and specifications; amend KRS 35.165 regarding forwarding the charges; amend KRS 35.170 regarding the advice of judge advocates and reference for trial; amend KRS 35.175 regarding service of charges upon the accused; amend KRS 35.180 providing that the Governor or adjutant general may prescribe rules; amend KRS 35.185 regarding unlawfully influencing action of the court; amend 35.190 regarding the duties of trial counsel and defense counsel; amend KRS 35.195 regarding action permitted by the military judge alone and when members exclusively must be present; amend KRS 35.200 regarding continuances; amend KRS 35.205 regarding challenges; amend KRS 35.210 regarding oaths and affirmations; amend KRS 35.215 to extend the statute of limitation for most crimes from 2 to 3 years and suspend the tolling of the statute of limitations during times of war for certain crimes; amend KRS 35.220 regarding former jeopardy; amend KRS 35.225 regarding pleas of the accused; amend KRS 35.230 regarding opportunity to obtain witnesses and other evidence; amend KRS 35.235 regarding refusal to appear or testify; amend KRS 35.240 regarding contempts; amend KRS 35.245 regarding depositions; amend KRS 35.250 regarding the admissibility of records of courts of inquiry; create a new section of KRS Chapter 35 to establish a defense of lack of mental responsibility; amend KRS 35.255 regarding voting and rulings; amend KRS 35.260 regarding the number of votes required; amend KRS 35.265 regarding the announcement of a decision; amend KRS 35.270 regarding the record of trial; amend KRS 35.275 prohibiting cruel and unusual punishments; create a new section of KRS Chapter 35 regarding maximum limits; amend KRS 35.280 regarding effective dates of sentences; create a new section of KRS Chapter 35 relating to the deferment of sentences; amend KRS 35.285 regarding execution of confinement; create a new section of KRS Chapter 35 relating to the reduction of enlisted grade upon approval as part of sentencing; create a new section of KRS Chapter 35 relating to the forfeiture of pay and allowances confinement as part of sentencing; amend KRS 35.325 regarding error of law and lesser included offenses; create a new section of KRS Chapter 35 regarding action by the convening authority; create a new section of KRS Chapter 35 regarding withdrawal of appeal; create a new section of KRS Chapter 35 regarding appeal by the state; repeal, reenact as a new section of KRS Chapter 35, and amend Section 35.310 regarding rehearings; create a new section of KRS Chapter 35 regarding review by the state judge advocate; repeal, reenact as a new section of KRS Chapter 35, and amend KRS 35.320 regarding the disposition of records after review by the convening authority; create a new section of KRS Chapter 35 regarding review by the state appellate authority; create a new section of KRS Chapter 35 regarding appellate counsel; create a new section of KRS Chapter 35 regarding execution of sentence and suspension of sentence; amend KRS 35.340 regarding vacation of a suspension; amend KRS 35.345 regarding petitioning for a new trial; amend KRS 35.350 regarding remission or suspension of a sentence; amend KRS 35.355 regarding the restoration of rights, privileges, and property affected by a sentence that is set aside or disapproved; amend KRS 35.360 regarding the finality of proceedings, finding, and sentence; create a new section of KRS Chapter 35 regarding leave required to be taken pending review of certain court-martial convictions; create a new section of KRS Chapter 35 regarding lack of mental capacity or mental responsibility and the commitment of the accused for examination and treatment; amend KRS 35.440 regarding principals; create a new section of KRS Chapter 35 regarding the crime of accessory after the fact; amend KRS 35.445 regarding conviction of a lesser included offense; amend KRS 35.450 regarding attempts; amend KRS 35.451 regarding conspiracy; amend KRS 35.470 regarding solicitation or advice to desert or commit mutiny; amend KRS 35.471 regarding fraudulent enlistment, appointment, or separation; amend KRS 35.472 regarding unlawful enlistment, appointment, or separation; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.460 regarding desertion; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.461 regarding absence without leave; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.462 regarding missing movement; amend KRS 35.476 regarding contempt for President or Governor; create a new section of KRS Chapter 35 regarding disrespect toward a superior commissioned officer; amend KRS 35.481 regarding assaulting or willfully disobeying a superior commissioned officer; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.480 regarding insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer; amend KRS 35.491 regarding failure to obey an order or regulation; amend KRS 35.575 regarding cruelty and maltreatment; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.465 regarding mutiny or sedition; amend KRS 35.580 regarding resistance, flight, breach of arrest, and escape; amend KRS 35.585 regarding releasing a prisoner without proper authority; amend KRS 35.590 regarding unlawful detention of another; amend KRS 35.595 regarding noncompliance with procedural rules; amend KRS 35.600 regarding misbehavior before the enemy; amend KRS 35.605 regarding a subordinate compelling surrender; create a new section of KRS Chapter 35 regarding improper use of a countersign; create a new section of KRS Chapter 35 regarding forcing a safeguard; amend KRS 35.620 regarding mishandling captured or abandoned property;amend KRS 35.625 regarding aiding the enemy; amend KRS 35.630 regarding misconduct as a prisoner; amend KRS 35.635 regarding false official statements; create a new section of KRS Chapter 35 regarding the loss, damage, destruction, or wrongful disposition of military property; amend KRS 35.640 regarding waste, spoilage, or destruction of property other than military property; create a new section of KRS Chapter 35 regarding improper hazarding of a vessel; amend KRS 35.645 regarding driving under the influence or reckless driving; amend KRS 35.650 regarding being drunk on duty; create a new section of KRS Chapter 35 regarding the wrongful use or possession of controlled substances; create a new section of KRS Chapter 35 regarding misbehavior of a sentinel; create a new section of KRS Chapter 35 regarding dueling; amend KRS 35.660 regarding malingering; amend KRS 35.665 regarding riot or breach of peace; create a new section of KRS Chapter 35 regarding provoking speeches or gestures; create a new section of KRS Chapter 35 regarding rape and sexual assault; create a new section of KRS Chapter 35 regarding stalking; create a new section of KRS Chapter 35 regarding other sexual misconduct; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.670 regarding larceny and wrongful appropriation; create a new section of KRS Chapter 35 regarding robbery; create a new section of KRS Chapter 35 regarding forgery; create a new section of KRS Chapter 35 regarding making, drawing, or uttering a check, draft, or order without sufficient funds; create a new section of KRS Chapter 35 relating to maiming; create a new section of KRS Chapter 35 regarding arson; create a new section of KRS Chapter 35 regarding extortion; create a new section of KRS Chapter 35 regarding burglary; create a new section of KRS Chapter 35 regarding housebreaking; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.455 regarding perjury; create a new section of KRS Chapter 35 regarding frauds against the government; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.475 regarding conduct unbecoming an officer; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.680 regarding general misconduct; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.375 regarding courts of inquiry; repeal reenact as a new section of KRS Chapter 35 and amend KRS 35.380 regarding authority to administer oaths and act as a notary; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.385 regarding an explanation of the code and furnishing of the text; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.390 regarding complaints of wrongs; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.395 regarding redress of injuries to property; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.425 regarding delegation by the Governor; create a new section of KRS Chapter 35 regarding payment of fees, costs, and expenses; repeal, reenact as a new section of KRS Chapter 35, and amend KRS 35.410 regarding payment and disposition of fines; create a new section of KRS Chapter 35 regarding uniformity of interpretation; repeal, reenact as a new section of KRS Chapter 35, and amend KRS 35.415 regarding immunity for action of military courts; create a new section of KRS Chapter 35 regarding severability; repeal, reenact as a new section of KRS Chapter 35 and amend KRS 35.430 regarding the title of the chapter; create a new section of KRS Chapter 35 regarding the superseding of existing state military code of justice by this revision; repeal KRS 35.025, 35.040, 35.095, 35.115, 35.295, 35.305, 35.330, 35.335, 35.370, 35.405, 35.436, 35.485, and 35.565.

     Feb 13-introduced in House
     Feb 14-to Veterans, Military Affairs, & Public Safety (H)
     Feb 15-posted in committee
     Feb 20-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 21-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Monday, February 25, 2013
     Feb 25-3rd reading, passed 96-0 with Committee Substitute
     Feb 26-received in Senate
     Feb 28-to Veterans, Military Affairs, & Public Protection (S)
     Mar 6-taken from Veterans, Military Affairs, & Public Protection (S); 1st reading; returned to Veterans, Military Affairs, & Public Protection (S)
     Mar 7-reported favorably, 2nd reading, to Rules as a Consent Bill

Vote History
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