An eventful year for state military justice

As noted in this post, several states enacted new military justice legislation in 2019 for their National Guard and Air National Guard. We must add Idaho and Oklahoma to the list. The Idaho Code of Military Justice, as amended, took effect on July 1, 2019. Among the key provisions:

ARTICLE 2. PERSONS SUBJECT TO THIS CODE — JURISDICTION 

(a) This code applies to all members of the state military forces when serving in a title 32 status or state active duty status as defined in article 1(a)(5) of this code. This code does not apply to members serving in a title 10 status or members of the unorganized militia as defined in section 46-102, Idaho Code. 

(b) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force, regardless of duty status. Courts-martial convened by the governor or his designated representative have primary jurisdiction of military offenses as defined in article 1(a)(18) of this code. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense.

 The Oklahoma measure can be found here. This website gives links to state military justice legislation.