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

22 provisions identified: 8 benefits, 2 costs, 12 mixed.

Time limits to charge offenses

The default limit is three years from the offense to receive sworn charges or to impose nonjudicial punishment. Time does not count while you are absent without authority, in civil custody, or in enemy hands. When the United States is at war, the clock is paused until two years after hostilities end. Special rules apply to fraudulent enlistment or appointment and to cases that hinge on DNA evidence.

Military crimes and testing rules

The code lists many crimes for people under it, including desertion, theft, bribery, sexual offenses, and computer crimes. It bans illegal drug use, possession, making, or selling, including marijuana and other controlled substances. It punishes threats involving explosives, weapons of mass destruction, or false threats. Recruiters and training leaders cannot have prohibited sexual activity with protected junior members or applicants; consent is not a defense. You are drunk on duty if impaired or at 0.08 alcohol concentration. Commanders can order breath, blood, or urine tests on probable cause, and refusal can be punished.

Officer dismissals need high approval

A dismissal for a commissioned officer, cadet, or midshipman does not take effect until approved by the secretary or a designated deputy. That official can commute, remit, or suspend the dismissal. In war or a national emergency, the official may change dismissal to reduction to enlisted grade and require service through the conflict and six months after.

Sentencing limits and confinement rules

No court‑martial sentence can be longer than 10 years, and the death penalty is banned. Punishments cannot exceed the lower of the federal and state manuals, and cruel punishments are barred. Judges and member panels must clearly announce sentences. Confinement time starts on the day the sentence is given, and time under suspension or deferment does not count. General or special sentences take effect at judgment; summary sentences take effect when the convening authority acts. Confinement may be served in any allowed facility, with the same treatment as others there. Facilities cannot charge you intake or confinement fees unless another law allows it.

Pay, rank cuts and relief

During confinement, a general court‑martial takes all pay and allowances; a qualifying special court‑martial takes two‑thirds of pay. A convening authority can waive forfeitures for up to six months and pay your dependents. A sentence may drop an enlisted member to E‑1 when regulations allow, lowering pay starting on the judgment date. If a reduction or forfeiture is later set aside, your pay, rights, and privileges are restored for that period. Commanders can remit or suspend unexecuted parts of a sentence; the governor may replace a punitive discharge with an administrative discharge. If an executed part is set aside, rights and property are restored, and a dismissed officer may be reappointed with pay counted as service, subject to limits.

Review of summary court cases

A senior judge advocate must write a review of guilty findings in summary courts‑martial. They check jurisdiction, charge sufficiency, and whether the sentence is lawful, and address errors the accused raises. The adjutant general can fix or change the result, remit, commute, suspend, dismiss charges, or order a rehearing, and may send the case to the governor if more action is needed.

Stronger pretrial safeguards for members

Before a general court‑martial, you usually get a preliminary hearing on the charge and probable cause, unless you waive it in writing. The convening authority must get written advice from a staff judge advocate on the charge, probable cause, and jurisdiction. Military judges and magistrates must be licensed attorneys and certified. The convening authority must detail both trial and defense counsel, and a senior judge advocate must find them competent.

Stronger rights in investigations

You cannot be forced to incriminate yourself. Investigators must tell you the accusation and that you do not have to speak. Coerced or unlawfully obtained statements cannot be used at trial. You cannot be tried twice for the same offense without your consent. A judge or convening authority may allow a deposition only in rare, exceptional cases to preserve testimony, with notice and counsel rights.

Who can convene and sit

The governor, adjutant general, and certain commanders can convene courts‑martial. If the convening officer is the accuser, a higher authority must convene the court. Enlisted accused can ask for an all‑officer panel or for at least one‑third enlisted members. Member selection must avoid conflicts and use qualified people.

Hard labor allowed in confinement

A state confinement facility may require hard labor as part of confinement if it already has that authority. The code’s sentence list not naming “hard labor” does not block a facility from using it.

Appeals and review protections

If your sentence includes dismissal or a dishonorable or bad‑conduct discharge, that part cannot be executed until final legal review, or until required review is done if you waived appeal. You can appeal a felony court‑martial to the state district court within 42 days; outside‑Idaho trials go to Ada County. You have a right to military appellate counsel; you may hire civilian appellate counsel at your own cost. Before a suspended sentence is lifted, you get a hearing and counsel. You may petition for a new trial within three years for new evidence or fraud. If your approved sentence has an unsuspended dismissal or punitive discharge, you may be placed on leave during review.

Appeals, waivers, and final judgments

A court‑martial result is overturned for a legal error only if it harmed the accused’s important rights. After judgment, an accused can sign a waiver to give up appeal rights or withdraw an appeal; a valid waiver or withdrawal ends further review. The state can appeal some judge orders only if it gives written notice within 72 hours and certifies the reasons; those appeals go to the named court and cover legal questions only. The government can appeal a sentence to the county district court within 42 days. Once approved or affirmed, courts‑martial outcomes are final and bind agencies, unless a timely new‑trial or remission action applies.

Court types and punishment limits

General courts‑martial can try any offense under the code. Special courts‑martial cannot give a dishonorable discharge or dismissal, and cannot sentence over one year of confinement or take more than two‑thirds pay per month for more than one year. Summary courts‑martial do not try officers or cadets; an E‑7 or above may object and ask for a higher court. A summary court guilty finding is not a criminal conviction and has tight caps: no dismissal, no punitive discharge, no more than one month confinement, two months restriction, or two‑thirds of one month’s pay forfeited.

Fairer sentencing and plea deal limits

Courts‑martial must give punishment that is enough, but not more than needed. They must weigh the offense, your history, victim impact, unit needs, deterrence, protection of others, and rehabilitation, including retraining or return to duty. Plea deals are allowed, but the judge must reject any deal not accepted by both sides, not understood by the accused, or that goes below a mandatory minimum unless a stated exception applies.

Fines, damage pay, and case costs

Starting July 1, 2026, military fines can be paid in cash or taken from state or federal pay, or collected by garnishment or levy. For willful property damage or wrongful taking, a board can assess damages and, once approved, charge them to the responsible members’ pay; if offenders are unknown, charges can be split among members shown to be present. Also starting July 1, 2026, the military division support fund pays witness, expert, victim, reporter, and interpreter fees and travel, and other necessary justice costs when no other source pays.

When punishments start and pause

Forfeitures of pay or reductions in grade take effect for pay that accrues on or after the sentence’s effective date. They start on the earlier of 14 days after sentencing, or for a summary court‑martial, when the convening authority approves. On your request, the convening authority may delay confinement, reductions, or forfeitures; the delay can end at judgment or be rescinded. If you were tried after a temporary return from another state or country, confinement can be delayed until you are permanently returned. The secretary may also defer confinement while a review is pending.

New Idaho military justice system

Beginning July 1, 2026, Idaho uses a full state military justice code. It applies when you serve in Title 32 status or on state active duty, not in federal Title 10 status and not to the unorganized militia. Military courts need a clear connection to the state military to act. Civilian courts handle regular crimes first; a court‑martial can follow only if civilian charges are declined or dismissed and jeopardy has not attached. The law defines general, special, and summary courts‑martial and when a judge‑alone trial is allowed.

Faster trial results and full records

The judge must file a statement of trial results that lists pleas, findings, and any sentence, and give it quickly to the parties and any victim. The judge must decide posttrial motions that can change pleas, findings, sentences, or the record before judgment. A complete verbatim record is prepared in convictions and serious sentences. The accused gets a certified copy, and a testifying victim may request one. If found guilty, the record goes to the state staff judge advocate.

Explain code to enlisted

Starting July 1, 2026, enlisted members must get a clear briefing on key military justice rules. This must happen at entry into duty or within 30 days, and again after basic training.

Oath powers and legal immunity

Starting July 1, 2026, designated military staff can administer official oaths, and their signed titles show their authority. Starting July 1, 2026, people acting under the code are immune from personal lawsuits for acts done in their official duties.

Courts of inquiry and contempt rules

Starting July 1, 2026, a commander who can convene a general court‑martial can also convene a court of inquiry with at least three officers. Named parties get notice, may bring a lawyer, question witnesses, and offer evidence. The court makes findings of fact and keeps an authenticated record. Military judges and magistrates can punish contempt in military proceedings, with review by a state district court. Contempt in a court of inquiry is reviewed by the convening authority under rules.

When Idaho military justice applies

Beginning July 1, 2026, the Idaho military justice code is in force. Courts and lawyers read it to match the federal Uniform Code of Military Justice where practical. The governor may delegate most powers under the code, except one power kept by article 22. The law defines key terms like state active duty, judge advocate, and state military forces so everyone knows who is covered.

Sponsors & Cosponsors

Sponsor

TRANSPORTATION AND DEFENSE COMMITTEE
Affiliation unavailable

Cosponsors

Ted Hill
Republican • House
Tammy Nichols
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 99 • No: 0

House vote • 3/23/2026

House Floor Vote

Yes: 32 • No: 0

House vote • 3/5/2026