STAND. COM. REP. NO. 3145

Honolulu, Hawaii

RE: S.B. No. 3085

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3085, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII CODE OF MILITARY JUSTICE,"

begs leave to report as follows:

The purpose and intent of this measure is to update the Hawaii Code of Military Justice by repealing chapter 124A, Hawaii Revised Statutes, and adding a new chapter to promote order and discipline in the State Military Forces by fostering an independent military justice system and updating nonjudicial punishment and courts-martial procedures.

Your Committee received testimony in support of this measure from one individual. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that chapter 124, Hawaii Revised Statutes, relating to the Hawaii Code of Military Justice, was enacted in 1982 and was the first major update to the code of military justice for the State Military Forces since 1895. Your Committee further finds that the current form Hawaii Code of Military Justice lacks the necessary disciplinary options to provide for effective and efficient good order and discipline in the State Military Forces. This measure will remedy those issues and bring the military justice process in line with the Uniform Code of Military Justice by repealing chapter 124A, Hawaii Revised Statutes, and adding a new chapter to promote order and discipline in the State Military Forces by fostering an independent military justice system and updating nonjudicial punishment and courts-martial procedures.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 30, 2075, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3085, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3085, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair