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SB196: (New Title) relative to non-judicial punishment for minor offenses by military officers and personnel.
Bill details
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Sponsors
- John Barnes Jr. Senate · Jr., Dist 17
- Margaret Hassan Senate · Dist 23
Topics
State-Federal Relations and Veterans Affairs
Official links
CHAPTER 268
SB 196 – FINAL VERSION
03Jun2009… 1599h
2009 SESSION
09-1038
09/01
SENATE BILL 196
AN ACT relative to nonjudicial punishment for minor offenses by military officers and personnel.
AMENDED ANALYSIS
This bill authorizes the adjutant general to prescribe nonjudicial punishment regulations for minor offenses by military officers and personnel.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Jun2009… 1599h
09-1038
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to nonjudicial punishment for minor offenses by military officers and personnel.
Be it Enacted by the Senate and House of Representatives in General Court convened:
268:1 Military Justice; Nonjudicial Punishment. RSA 110-B:40 is repealed and reenacted to read as follows:
110-B:40 Nonjudicial Punishment. Under such regulations as the adjutant general may prescribe, the commanding officer of any detachment, company, or higher command may, for minor offenses, impose disciplinary punishment upon officers, warrant officers, and enlisted personnel of the command without intervention of a court-martial. “Minor offenses” mean acts or omissions that are minor offenses under the punitive articles of the Manual for Courts-Martial (MCM) and under the criminal statutes of the state of New Hampshire. Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender's age, rank, duty assignment, record, and experience; the maximum sentence imposable for the offense if tried by general court-martial, and whether the offense is a felony under state law. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include a dishonorable discharge or confinement in excess of 5 years. The decision whether an offense is “minor” is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a minor offense even though thought by the commander to be minor is not a bar to trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact shall be considered in determining an appropriate sentence.
268:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 16, 2009
Effective Date: September 14, 2009