The military: defense of the state.

Plain English Breakdown

The official summary does not provide details on what happens if military personnel enter California without permission.

Defense of California: Military Entry Rules

The bill prohibits military personnel from other states, territories, or districts from entering California to perform military duty or law enforcement functions without the Governor's permission and sets penalties for violations.

What This Bill Does

• Prohibits military personnel from another state, territory, or district from entering California to perform military duty or law enforcement functions without the Governor's permission.
• Sets fines of up to $10,000 and possible imprisonment as punishment for violating this prohibition.

Who It Names or Affects

• Military personnel from other states who want to enter California to perform military duty or law enforcement functions.
• The Governor of California who must give permission for such entries.
• Local agencies and school districts that do not have to pay extra money due to this bill.

Terms To Know

Militia

A group of people ready to defend their country or state in times of emergency, including the National Guard and other organized groups.

State-mandated local program

When the state government requires local governments to follow certain rules or pay for something new.

Limits and Unknowns

• The bill does not specify the exact length of imprisonment for breaking the law.
• It is unclear how often this rule will be used in practice.

Official Summary Text

SB 1354, as amended, Archuleta.
The military: defense of the state.
Existing federal law establishes the militia of the United States, specifies who is eligible to be a part of the militia, divides the militia into the organized and unorganized militia, and defines the organized militia as the National Guard and the Naval Militia. Existing federal law authorizes the President of the United States to call units of the National Guard of any state into federal service if certain criteria are met. Existing federal law, the Emergency Management Assistance Compact, authorizes member states to provide for mutual assistance between the states in managing a disaster that is declared by the governor of the affected state.
Existing law establishes within state government a Military Department that includes, among other things, the office of the Adjutant General, the California National Guard, and the State Guard. Under
existing law, the militia of the state is comprised of the California National Guard, the State Guard, the Naval Militia, and the unorganized militia. Existing law makes the Governor, by virtue of holding their office, the commander in chief of the militia of the state.
This bill would
make it a crime for
prohibit
military personnel of another state, territory, or district
to enter, or cause
from entering, or causing
something to enter, the state to perform military duty or law enforcement functions without the permission of the Governor, except as specified.
The bill would make a violation of that prohibition punishable by a fine not exceeding $10,000, imprisonment, as specified, or by both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF