Chapter 157 Oregon Laws 1999

Session Law

AN ACT

HB 2255

Relating to military justice; amending ORS 398.106, 398.108, 398.110, 398.112, 398.218, 398.302 and 398.400; and repealing ORS 398.260.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 398.106 is amended to read:

398.106. Subject to ORS 398.104, general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the Governor may prescribe, [adjudge] impose any of the following punishments:

(1) A fine of not more than $200;

(2) Forfeiture of pay and allowances;

(3) Dishonorable discharge, bad-conduct discharge or dismissal;

(4) Reprimand;

(5) Reduction of [a noncommissioned officer to the ranks] an enlisted member to the lowest or any intermediate enlisted grade; [or]

(6) Confinement for not more than 200 days; or

[(6)] (7) Any combination of these punishments.

SECTION 2. ORS 398.108 is amended to read:

398.108. (1) Subject to ORS 398.104, special courts-martial [shall] have jurisdiction to try persons [except] other than officers for any offense [for which they may be punished under] made punishable by this chapter.

(2) A special court-martial [has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than $100 for a single offense] may, under such limitations as the Governor may prescribe, impose any of the following punishments:

(a) A fine of not more than $200;

(b) Forfeiture of pay and allowances;

(c) Bad-conduct discharge;

(d) Reprimand;

(e) Reduction of an enlisted member to the lowest or any intermediate enlisted grade;

(f) Confinement for not more than 100 days; or

(g) Any combination of these punishments.

SECTION 3. ORS 398.110 is amended to read:

398.110. (1) Subject to ORS 398.104, summary courts-martial have jurisdiction to try persons [subject to this chapter, except] other than officers[,] for any offense made punishable by this chapter.

(2) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto, unless the person has been permitted to refuse punishment under ORS 398.083 and has elected to refuse such punishment. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under ORS 398.083, trial shall be ordered by special or general court-martial, as may be appropriate.

(3) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, [and] to reduction of [a noncommissioned officer to the ranks] an enlisted member to the lowest enlisted grade or to confinement for not longer than 30 days.

SECTION 4. ORS 398.112 is amended to read:

398.112. In the organized militia not in federal service[,]:

(1) [no] A sentence of dismissal or dishonorable discharge may not be executed until [it] the sentence is approved by the Governor; and

(2) A sentence of bad-conduct discharge may not be executed until the sentence is approved by the Governor or by the Adjutant General.

SECTION 5. ORS 398.218 is amended to read:

398.218. (1) No person may, without the person's consent, be tried a second time for the same offense.

(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

(4) Administrative actions or proceedings do not bar proceedings under this chapter for an offense. A proceeding under this chapter for an offense does not bar an administrative action or proceeding unless the proceeding for an offense results in a finding of not guilty.

SECTION 6. ORS 398.302 is amended to read:

398.302. [No] A person may not be tried or punished for any offense provided for in ORS 398.304 to 398.388, unless:

(1) [it] The offense was committed while the person was in a duty status[, or] during a period of time in which the person was under lawful orders to be in a duty status; or

(2) The offense charged has a connection with the military duties of the person. For purposes of this subsection, the required connection with military duties is conclusively established for offenses for which there is no equivalent offense in the general criminal laws of this state and for offenses involving personal use of illegal or controlled substances in violation of ORS 398.391.

SECTION 7. ORS 398.400 is amended to read:

398.400. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance shall not be taken of, and jurisdiction may not extend to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, aggravated assault, burglary or housebreaking, [jurisdiction of which is reserved to civilian criminal courts] unless the State of Oregon does not have jurisdiction to prosecute the offense under the general criminal laws of this state or, if the State of Oregon has such jurisdiction, chooses not to exercise that jurisdiction.

SECTION 8. ORS 398.260 is repealed.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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