Revises provisions relating to the Nevada National Guard. (BDR 36-834)

A.B. 157

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ASSEMBLY BILL NO. 157–ASSEMBLYMEMBERS GRAY AND D’SILVA

PREFILED JANUARY 30, 2025
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to the Nevada National
Guard. (BDR 36-834)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to military justice; requiring the Office of the
Military to implement certain training programs and make
certain reports concerning court s-martial; requiring the
convening authority of a trial by court -martial to report
certain information to the Office; requiring th e Office to
develop policies and adopt regulations concerning trials
by court -martial; providing a serviceman or
servicewoman of the Nevada National Guard with the
right to demand a trial by court -martial in lieu of
accepting a nonjudicial punishment; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a commanding officer in the state military forces to 1
punish certain servicemen and servicewomen for minor offenses by imposing 2
nonjudicial punishment. (NRS 412.286 -412.302) Under existing law, an accused 3
serviceman or servicewoman does not have the right to demand a trial by court -4
martial in lieu of accepting the nonjudicial punishment. (NRS 412.2879) Sections 5
6-8 of this bill provide an accused serviceman or servicewoman with the right to 6
demand a trial by court-martial in lieu of accepting the nonjudicial punishment. 7
Existing law establishes the Office of the Military and requires the Office to 8
supervise the mil itary affairs of the State. (NRS 412.064) Section 2 of this bill 9
requires the Office to implement a training program to inform servicemen and 10
servicewomen of the right of an accused to demand a trial by court-martial. Section 11
3 of this bill requires the convening authority of the trial by court -martial to report 12
to the Office the final disposition of each trial by court -martial where the accused 13
serviceman or servicewoman demanded a court -martial in lieu of a nonjudicial 14
punishment. Section 2 further requires the Office to submit an annual report to the 15
Director of the Legislative Counsel Bureau for transmission to the Legislature or 16
the Legislative Commission, as applicable, concerning: (1) the training program 17

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implemented by the Office; and (2) the number of trials by court -martial where an 18
accused serviceman or servicewoman exercised his or her right to demand a court -19
martial and the final disposition of each such trial. 20
Section 4 of this bill requires the Office to develop policies and adopt 21
regulations to ensure fair and efficient administration of trials by court-martial. 22
Section 5 of this bill provides that the duties of the Office, as provided in 23
section 2, are not exclusive or a limitation on the powers and authority vested in the 24
Office by other provisions of law. 25

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 412 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. The Office shall implement a training program to 3
inform servicemen and servicewomen of the right of an accused 4
facing nonjudicial punishment to demand a trial by court -martial 5
in lieu of accepting a nonjudicial punishment pursuant to 6
NRS 412.2879. 7
2. On or before January 31 of each year, the Office shall 8
submit a report to the Director of the Legislative Counsel Bureau 9
for transmittal to the next session of the Legislature, if the report 10
is submitted in an odd -numbered year, or the Legislative 11
Commission, if the report is submitted in an even-numbered year. 12
The report must include, without limitation, for the preceding 13
calendar year: 14
(a) Information concerning the training program implemented 15
by the Office pursuant to subsection 1; and 16
(b) The number of trials by court -martial demanded pursuant 17
to NRS 412.2879 and the final disposition of each such trial as 18
reported to the Office pursuant to section 3 of this act. 19
Sec. 3. The convening authority shall report to the Office the 20
final disposition of each trial by court -martial against an accused 21
serviceman or servicewoman who demanded a trial by court -22
martial pursuant to NRS 412.2879. 23
Sec. 4. NRS 412.064 is hereby amended to read as follows: 24
412.064 1. The Office of the Military is hereby established. 25
The Office, under the direction of the Governor, shall supervise the 26
military and emergency management affairs of the State. 27
2. The Office shall adopt, subject to the approval of the 28
Governor, necessary regulations for the organization, government, 29
armament, equipment, training and compensation of the militia of 30
the State in conformity with the provisions of this chapter and the 31
laws of the United States. 32
3. The Office shall make such changes in the military 33
organization of the Nevada National Guard as are necessary from 34

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time to time to conform to the requirements of th e laws of the 1
United States and the directives of the National Guard Bureau. 2
4. The Office shall fix the location of the units and 3
headquarters of the Nevada National Guard, and shall, subject to the 4
approval of the National Guard Bureau, transfer, attac h, consolidate 5
or inactivate any organization or unit when in its judgment the 6
efficiency of the present organization will be increased thereby. 7
5. The Office may establish and continue awards and 8
decorations and approve the design therefor, which must conform to 9
the requirements of the laws of the United States and the directives 10
of the National Guard Bureau. 11
6. The Office shall, with the approval of the Governor, 12
develop policies and adopt regulations to ensure the fair and 13
efficient administration of trials by court-martial. 14
7. The Division of Emergency Management of the Office of 15
the Military shall execute, administer and enforce the provisions of 16
chapters 414 and 414A of NRS and perform such duties and 17
exercise such powers as may be conferred upon it pursuant to 18
chapters 414 and 414A of NRS and any other statute. 19
Sec. 5. NRS 412.066 is hereby amended to read as follows: 20
412.066 The enumeration of duties and functions in NRS 21
412.064 to 412.109, inclusive, and section 2 of this act shall not be 22
deemed exclusive nor construed as a limitation on the powers and 23
authorities vested in the Office by other provisions of law. 24
Sec. 6. NRS 412.286 is hereby amended to read as follows: 25
412.286 1. Under Office regulations, limitations may be 26
placed on the powers granted by NRS 412.286 to 412.302, 27
inclusive, with respect to the kind and amount of punishment 28
authorized and the categories of comman ding officers and warrant 29
officers exercising command authorized to exercise those powers [.] 30
, the applicability of NRS 412.286 to 412.302, inclusive, to an 31
accused who demands a trial by court -martial and the kinds of 32
courts-martial to which the case may be referred upon such a 33
demand. However, punishment may not be imposed upon any 34
member of the Nevada National Guard under NRS 412.286 to 35
412.302, inclusive, if the member has, before the imposition of 36
such punishment, demanded a trial by court -martial in lieu of 37
accepting such nonjudicial punishment pursuant to NRS 38
412.2879. Under Office regulations, rules may be prescribed with 39
respect to the suspension of punishments authorized hereunder. If 40
authorized by Office regulations, a commanding officer exercising 41
general court -martial jurisdiction or an officer of general rank in 42
command may delegate his or her powers under NRS 412.286 to 43
412.302, inclusive, to a principal assistant. 44

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2. When nonjudicial punishment has been imposed for an 1
offense, nonjudicial punishment may not again be imposed for the 2
same offense. Administrative action can be taken for the same 3
offense and will not be considered double punishment under the 4
Code. For the purposes of this subsection, “same offense” means an 5
offense that was part of a single incident or course of conduct. 6
3. After nonjudicial punishment has been imposed, it may not 7
be increased, upon appeal or otherwise, unless the punishment 8
imposed was not provided for in the Code. 9
4. When a commanding officer determ ines that nonjudicial 10
punishment is appropriate for a particular serviceman or 11
servicewoman, all known offenses determined to be appropriate for 12
disposition by nonjudicial punishment and ready to be considered at 13
that time, including, without limitation, a ll such offenses arising 14
from a single incident or course of conduct, must ordinarily be 15
considered together, rather than being made the basis for multiple 16
punishment. 17
5. Nonjudicial punishment may not be imposed for any offense 18
which was committed more than 3 years before the date of 19
imposition of punishment, unless such 3 -year limitation is waived 20
by the accused in writing or unless the accused has filed an appeal 21
under this Code. 22
6. Nothing in subsection 2 or 4 precludes a commanding 23
officer from imp osing, at one time, more than one punishment 24
nonjudicially for the offense or offenses arising from a single 25
incident or course of conduct authorized in the Code. 26
Sec. 7. NRS 412.2879 is hereby amended to read as follows: 27
412.2879 An accused facing nonjudicial punishment [does not 28
have] has the right to demand a trial by court -martial in lieu of 29
accepting the nonjudicial punishment [.] at any time before the 30
imposition of the nonjudicial punishment. 31
Sec. 8. NRS 412.293 is hereby amended to read as follows: 32
412.293 1. A commanding officer who, after inquiry or 33
investigation, determines that nonjudicial punishment is appropriate 34
for a particular serviceman or servicewoman shall use a formal 35
proceeding. In determining whether nonjudicial punishment is 36
appropriate, the commanding officer shall consult with a judge 37
advocate. The commanding officer may also consult with a superior 38
commissioned officer who is not the superior authority who is to act 39
on appeal pursuant to NRS 412.296. 40
2. If the commanding officer determines that a formal 41
proceeding is appropriate, the accused must be notified in writing 42
of: 43
(a) The intent of the commanding officer to initiate nonjudicial 44
punishment; 45

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(b) The intent of the commanding officer to use a formal 1
proceeding; 2
(c) The maximum punishments allowable under the formal 3
proceeding; 4
(d) The right of the accused to remain silent; 5
(e) Each offense that the accused has allegedly committed with 6
reference to sections of the law that are alleged to have been 7
violated; 8
(f) The right of the accused to confront witnesses, examine the 9
evidence and submit matters in defense, extenuation and mitigation; 10
(g) The right of the accused to consult with a judge advocate and 11
the location of such counsel; [and] 12
(h) The right of the accused to demand a trial by court -martial 13
at any time before the imposition of the nonjudicial punishment 14
pursuant to NRS 412.2879; and 15
(i) The right of the accused to appeal. 16
3. If the com manding officer determines that a formal 17
proceeding is appropriate, the accused must be given a reasonable 18
time to consult with counsel , [and] to gather matters in defense, 19
extenuation and mitigation [.] and to decide whether to accept the 20
nonjudicial punishment or to demand a trial by court-martial. This 21
decision period [of time] must be at least 48 hours, depending on the 22
availability of counsel, but such period [of time] may be extended at 23
the request of the accused. 24
4. The commanding officer is not bound by the formal rules of 25
evidence before courts -martial and may consider any matter the 26
commanding officer reasonably believes is relevant to the offense. 27
Sec. 9. The amendatory provisions of this act do not apply to 28
any formal proceeding relating to nonjudicial punishment for which 29
a serviceman or servicewoman has been issued written notice before 30
July 1, 2025 , pursuant to subsection 2 of NRS 412.293, as that 31
subsection existed on June 30, 2025. 32
Sec. 10. The provisions of subsection 1 of NRS 218D.380 do 33
not apply to any provision of this act which adds or revises a 34
requirement to submit a report to the Legislature. 35
Sec. 11. This act becomes effective on July 1, 2025. 36

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