All Roll Calls
Yes: 99 • No: 0
IdahoH 05072026 regular legislative sessionHouseWALLET
MILITIA AND MILITARY AFFAIRS – Amends existing law to revise terminology and to revise provisions regarding restraint and nonjudicial punishment in the Model State Code of Military Justice.
Sponsored By: TRANSPORTATION AND DEFENSE COMMITTEE
Signed by Governor
MILITIA AND MILITARY AFFAIRS
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Bill Overview
Analyzed Economic Effects
18 provisions identified: 7 benefits, 6 costs, 5 mixed.
Crackdown on false IDs and fraud
You may not get into or out of service by lying, or cause someone you know is ineligible to be enlisted, appointed, or separated. You may not make, alter, trade, use, or possess false or unauthorized passes, discharge papers, or military IDs. You may not impersonate officers or officials or assert false authority to defraud. While on duty, you may not take, open, hide, destroy, or steal mail before delivery to obstruct or pry. You may not sign false official records, make false official statements to deceive, or falsely swear while on orders. Violations are punished by court‑martial. These rules have applied since July 1, 2019.
Military parole violations bring punishment
Effective July 1, 2019, Idaho military members on parole must follow all parole rules. Breaking parole is its own offense. A court-martial decides the punishment.
Stricter rules on property and records
You must secure captured or abandoned public property, report it, and turn it in. You may not sell, dispose of, damage, destroy, or lose U.S. or state military property without proper authority. You may not willfully or recklessly destroy or damage civilian property. You may not alter, conceal, remove, or destroy public records. Violations are punishable by court‑martial. These rules have applied since July 1, 2019.
Fines and damages can cut pay
If a board finds you damaged or wrongfully took property, approved damages can be taken from your pay or shared across your unit. Fines from courts or nonjudicial punishment can be collected in cash, by keeping pay, or by garnishment. Collected money goes to the military division support fund or as the court orders. These rules apply since July 1, 2019.
Wartime conduct, enemy offenses, and mutiny
You may not aid, hide, protect, or communicate with the enemy without authority. The law bans cowardly conduct before the enemy, such as running, abandoning command, disobeying orders that endanger others, or plundering. You may not compel a commander to surrender or strike the colors without authority. In wartime, you may not disclose a countersign or parole to the wrong person or give an incorrect one. Prisoners may not seek favored treatment without authority, and persons in authority may not maltreat prisoners without cause. Mutiny and sedition are crimes, and members must try to stop or report them. These rules have applied since July 1, 2019.
Immunity for official actions under code
People acting under this code in their official roles are immune from personal lawsuits for those acts or omissions. This protection applies to military and civilian officials and began July 1, 2019.
Know your rights and file complaints
Leaders must explain key parts of the code to enlisted members at entry, after basic training, and at reenlistment. You can ask for the full code and rules. If your commander refuses to fix a wrong, you may complain to a superior officer. A general court‑martial authority must review it, act, and report to the adjutant general.
More rights and support for victims
The law lists clear rights for victims of military offenses. You get protection, notice of hearings, a voice in court, and restitution rights. You can talk with government lawyers and expect timely, fair treatment. If you testified, you can get a certified copy of the record for free. If no other source pays, the military division support fund repays victims’ and witnesses’ approved fees and travel. This pay‑back rule began July 1, 2019.
Fair trial rules and plea limits
You cannot be tried twice for the same offense without your consent. If you refuse or make an irregular plea, the court enters a not guilty plea and proceeds. If the judge accepts a guilty plea, the court may find you guilty right away, but you can withdraw the plea before sentencing. In member trials, votes are by secret ballot, and convictions and member sentences need at least three‑quarters agreement. Plea bargains are allowed, but judges cannot take part in talks and must reject unlawful or misunderstood deals, with limited exceptions. You may raise a lack‑of‑mental‑responsibility defense, but you must prove it by clear and convincing evidence.
Oaths and order in military courts
Judges, court members, lawyers, reporters, and interpreters must take an oath before serving. Military judges and magistrates can punish contempt to keep order. Courts of inquiry must swear in participants, can call witnesses, make findings of fact, and keep an official record sent to the convening authority. Named officers, including judge advocates and adjutants, may administer oaths, and their signatures show authority. These rules have applied since July 1, 2019.
Oversight and alignment of military justice
The Governor sets procedures to investigate the fitness of military judges and must send them to lawmakers. The Governor may delegate most powers under this code, except one power in article 22. Idaho’s code must be read to match the federal Uniform Code of Military Justice when practical. If one part is struck down, the rest stays in effect.
When these rules take effect
The Idaho Code of Military Justice takes effect July 1, 2019. The act is in full force on and after July 1, 2026.
Rules for guards and handling prisoners
Sentinels and lookouts may not be drunk, sleep, or leave post early; in wartime the penalty can be up to 10 years. They may not loiter or wrongfully sit on post, and others may not be disrespectful to a sentinel on duty within sight or hearing. Do not release a prisoner without proper authority or allow an escape through neglect. Do not unlawfully drink alcohol with a prisoner. Do not arrest or confine anyone except as law or regulation allows. These rules have applied since July 1, 2019.
When military sentences and pay cuts start
The law bans cruel punishments like flogging, branding, marking, or tattooing. A court-martial cannot give more than 10 years for a military offense, and no death penalty is allowed. Forfeitures of pay and reductions start on the earlier of 14 days after sentencing or, for summary courts-martial, when the convening authority approves. Confinement starts the day the sentence is announced. Some officer dismissals and punitive discharges wait for required approvals and appellate review. You may ask to defer confinement, reductions, or forfeitures, but the convening authority decides and can end a deferral when judgment is entered.
Stronger protections for junior members
The law defines who counts as a specially protected junior member. Sexual activity with these junior members is prohibited. Military recruiters may not have prohibited sexual activity with applicants or junior members in delayed entry. Consent is not a defense to these charges. These rules have applied since July 1, 2019.
Stronger subpoena and evidence rules
Subpoenas in military cases follow state and federal style and reach nationwide. Before charges are referred, prosecutors need approval or a judge to issue an investigative subpoena. Military judges can order electronic communication records like Idaho courts, with any limits set by the Governor. Anyone can ask a judge to change or cancel an unreasonable or illegal subpoena. Civilians who willfully refuse a valid subpoena can face a federal offense, and witness fees and mileage are paid or advanced. Both sides get equal access to witnesses and evidence, depositions are allowed only for exceptional reasons, and sworn inquiry testimony can be used if live testimony is unavailable under set rules.
Time limits to bring charges
Most charges must start within three years of when sworn charges are received or nonjudicial punishment is imposed. Time when you are absent without authority, fleeing, outside state reach, in civil custody, or in enemy hands does not count. During war, limits pause for fraud, property, and war‑contract offenses until two years after hostilities end. If a defective charge is dismissed and time is up or near, new charges for the same acts may be filed within 180 days. Fraudulent enlistment or appointment can be tried during your enlistment or appointment, or for five years, whichever is longer. When DNA later ties a person to a serious offense, the time limit resets for a full new period.
Who the code covers and who judges
The code covers members of Idaho’s state military forces while on Title 32 or state active duty. It does not cover Title 10 duty or the unorganized militia. A commanding officer must be a commissioned officer with primary command authority. Military judges and counsel must meet set bar and certification standards; active‑duty judge advocates from out of state may practice military law here. Summary courts‑martial cannot try officers, cadets, or officer candidates. The code reads in gender‑neutral terms so masculine words include the feminine.
Sponsors & Cosponsors
Sponsor
TRANSPORTATION AND DEFENSE COMMITTEE
Affiliation unavailable
Cosponsors
Ted Hill
Republican • House
Tammy Nichols
Republican • Senate
Roll Call Votes
Senate vote • 3/23/2026
Senate Floor Vote
Yes: 32 • No: 0
House vote • 3/5/2026
House Floor Vote
Yes: 67 • No: 0
Actions Timeline
Reported Signed by Governor on March 26, 2026 Session Law Chapter 166 Effective: 07/01/2026
3/30/2026Delivered to Governor at 4:39 p.m. on March 25, 2026
3/26/2026Returned Signed by the President; Ordered Transmitted to Governor
3/25/2026SenateSigned by President; returned to House
3/25/2026SenateReceived from the House enrolled/signed by Speaker
3/25/2026SenateReported Enrolled; Signed by Speaker; Transmitted to Senate
3/24/2026HouseReturned from Senate Passed; to JRA for Enrolling
3/24/2026HouseRead third time in full – PASSED - 32-0-3
3/23/2026SenateRead second time; filed for Third Reading
3/17/2026SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
3/16/2026SenateIntroduced, read first time; referred to: State Affairs
3/6/2026SenateReceived from the House passed; filed for first reading
3/6/2026SenateRead Third Time in Full – PASSED - 67-0-3
3/5/2026HouseRead second time; Filed for Third Reading
3/4/2026HouseReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/3/2026HouseReported Printed and Referred to Transportation & Defense
1/22/2026HouseIntroduced, read first time, referred to JRA for Printing
1/21/2026House
Bill Text
Bill Text
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