Analysis

Synopsis:

 Senate Bill 146 (SB 146) amends the powers of the adjutant general. It authorizes activation of the National Guard and the state defense force in the case of certain events and establishes the New Mexico State Defense Force.  SB 146 amends, repeals, and enacts sections of the New Mexico Military Code. 

Analysis:

 Senate Bill 146 (SB 146) amends the powers of the adjutant general in Section 20-1-4 NMSA 1978  (NM Military Code) by appointing the adjutant general as the commanding general of the state and the deputy adjutant general as the deputy commanding general.

It expands the powers of the adjutant general in Section 20-1-5 NMSA 1978 by authorizing the adjutant general to promulgate rules court-martials and punishments under the Code of Military Justice. The procedural rules will be consistent with the NM Military Code and provide reasonable due process to criminal defendants.

SB 146 deletes the need for the governor to deem the total strength or composition of the National Guard is insufficient to meet an anticipated or experienced disaster before the governor may order out the organized militia for that need in Section 20-2-6 NMSA 1978.

It changes the placement of the civil air patrol division in the state’s departmental structure and creates five subordinate civil divisions in Section 20-3-2 NMSA 1978. 

SB 146 eliminates the upper age limit of sixty-four years old for service in the State Defense Force (SDF)

It empowers the adjutant general to prescribe uniforms and insignias for the SDF in Section 20-5-6 NMSA 1978 and utilize the members of the SDF to assist the National Guard with training exercises or other cadre duties in Section 20-5-16 NMSA 1978.

SB 146 establishes that the land component commander may convene a special or summary court-martial for members in the command of the land component commander in Section 20-12-4 NMSA 1978.

SB 146 creates a new section of the Code of Military Justice that prohibits certain officers, military recruiters or a person in a training leadership position when acting in certain capacities from engaging in sexual activity with a specially protected junior member of the armed forces or with an applicant for military service. Consent is not a defense.  It establishes the maximum punishment: a dishonorable discharge; forfeiture of all pay and allowances received on or after the effective date of the sentence; and confinement for less than one year. It contains six definitions.

It creates a new section that prohibits the wearing of insignia, decoration, badge, ribbon, device or lapel button; on a person’s uniform or civilian clothing. For the wrongful wearing of certain medals or a valor device on any personal award, the punishment is the same as for engaging in prohibited sexual activity in the previous section.  For all other violations in this section, the punishment is bad conduct discharge; forfeiture of all pay and allowances; and confinement for no more than six months. It defines wrongful.

SB 146 makes technical changes where needed in these sections.

It repeals Sections 20-4-12, 20-12-57 and20-12-68 NMSA 1978.

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