Tuesday, May 14, 2019

Oklahoma military justice legislation

A new Oklahoma Uniform Code of Military Justice has passed the legislature and is awaiting the governor's approval. The enrolled bill can be found here. Article 2 deals with jurisdiction:
ARTICLE 2. Persons subject to the Oklahoma Uniform Code of Military Justice. 
A. The Oklahoma Uniform Code of Military Justice applies to all members of the state military forces at all times who are not in active federal service, as defined by Title 10 of the United States Code. 
B. Subject matter jurisdiction is established if more likely than not a nexus exists between an offense, either military or nonmilitary, and the state military forces. Courts-martial shall have primary jurisdiction over military offenses as defined in the Code. 
C. The civilian courts shall have primary jurisdiction over nonmilitary offenses when an act or omission violates both the Code and local criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. When a member is not in a duty status under Title 32 of the United States Code or on state active duty orders, there shall be a rebuttable presumption that subject matter jurisdiction does not exist under the Code. The Governor or Adjutant General may promulgate additional regulations prescribing how a convening authority shall determine the existence of a nexus between a nonmilitary offense and state military forces.
D. Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes shall be determined by the underlying offense. 
E. If a commander or officer in charge determines that a nexus exists between a nonmilitary offense and the state military forces, for purposes of administrative action, the commander or officer in charge may impose nonjudicial punishment regardless of whether courts-martial jurisdiction is then possessed or later acquired by the state military forces.


Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).