A BILL TO BE ENTITLED
AN ACT to amend the statutes on courts‑martial for the north carolina national guard.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 3 of Chapter 127A of the General Statutes reads as rewritten:
"Article 3.
"National Guard.
"Part 1. General Provisions.
…
"Part 2. Courts‑Martial.
"§ 127A‑47.  Courts‑martial for National Guard.
…
"§ 127A‑50.1.  Military judges, State's trial counsel, and defense counsel.
(a)	Military Judges. – The Adjutant General shall appoint military judges to preside over courts‑martial of the North Carolina National Guard not in federal service. Minimum requirements for appointment as a military judge are as follows:
(1)	Certification as a military judge by the Judge Advocate General of the United States Army, Air Force, Navy, Marines, or Coast Guard.
(2)	Designation as a judge advocate by the Judge Advocate General of the United States Army, Navy, Air Force, Marines, or Coast Guard.
(3)	Membership in the North Carolina National Guard, the National Guard of another state, or the active or reserve components of the Armed Forces of the United States.
(b)	State's Trial Counsel; Defense Counsel. – The State's trial counsel and defense counsel shall have the following qualifications:
(1)	Designation as a judge advocate by the Judge Advocate General of the United States Army, Navy, Air Force, Marines, or Coast Guard.
(2)	Membership in the North Carolina National Guard.
(c)	Membership in State Bar Not Required. – Notwithstanding G.S. 84‑4, the military judge, the State's trial counsel, and defense counsel are not required to be members of the North Carolina State Bar.
…
"§ 127A‑52.  Jurisdiction of courts‑martial.
(a)	Subject Matter Jurisdiction. – The subject matter jurisdiction of courts‑martial of the North Carolina National Guard, not in the service of the United States, is as prescribed by the Uniform Code of Military Justice and Manual for Courts‑Martial, United States, as was in use by the Armed Forces of the United States at the time the offense was committed.
(b)	Personal Jurisdiction. – The courts‑martial have personal jurisdiction over all members of the North Carolina National Guard at all times and in all places.
…
"§ 127A‑56.  Powers of courts‑martial.
(a)	Powers of Military Judges and Summary Court Officers. – In the North Carolina National Guard, not in the service of the United States, military judges and summary court officers have the following powers:
(1)	To issue warrants to arrest an accused person and to bring the person before a court for trial whenever the person has disobeyed an order in writing from the convening authority to appear before the court after a copy of the charge had been delivered to the person with the order.
(2)	To issue subpoenas and subpoenas duces tecum.
(3)	To enforce by attachment attendance of witnesses and the production of books, papers, records, and other articles subject to a subpoena duces tecum.
(4)	To sentence for a refusal to be sworn or to answer as provided in actions before civil courts.
The presiding officer also has the power to punish for contempt occurring in the presence of the court.
(b)	Subpoena Power of Counsel. – The State's trial counsel and defense counsel have the subpoena power listed in subdivision (a)(2) of this section.
…
"§ 127A‑59.  Sentences.
When any sentence to fine or imprisonment is imposed by a court‑martial of this State, the military judge or summary court officer, upon the approval of the court's findings and sentence, shall enter and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of sentence, and the terms of the sentence. The State's trial counsel shall deliver the certificate to the Clerk of the Superior Court of Wake County, and the clerk shall carry the sentence into execution in the same manner as prescribed by law for the collection of fines or commitment to service of terms of imprisonment in criminal cases determined in the courts of this State. The Administrative Office of the Courts shall ensure that the State's criminal history records include pertinent information relating to a court‑martial under this Chapter in a like manner as a comparable offense under State criminal law would be recorded.
"§ 127A‑60.  Disqualification of convicted officer.
Any officer convicted by a general court‑martial and dismissed from the service shall be forever disqualified from holding a commission in the militia.
…
"§ 127A‑62.  Appeals; discretionary review.
(a)	Jurisdiction. – A court‑martial's judgment or order may be appealed under this section to the Wake County Superior Court. G.S. 15A‑1431(f1) applies to appeals under this section.
(b)	Filing and Service. – An appeal under this section shall be made in writing and filed with the Clerk of Superior Court of Wake County within 10 days after the court‑martial enters the judgment or order. A copy of the appeal shall be filed with the court‑martial and served on the opposing party. For the purposes of a filing fee, the appeal shall be treated as an administrative appeal to the Superior Court.
(c)	Defendant's Assertion of Errors. – The defendant may assert the following errors on appeal:
(1)	Any error of law, including the following:
a.	The court erroneously failed to dismiss the charge prior to the court‑martial.
b.	The court's ruling was contrary to law with regard to motions made before or during the trial or with regard to the admission or exclusion of evidence.
c.	The evidence, at the close of all the evidence, was insufficient to justify submission of the case to the court‑martial panel, whether or not a motion so asserting was made before verdict.
d.	The court erroneously instructed the court‑martial panel.
(2)	The verdict is contrary to the weight of the evidence.
(3)	For any other cause, the defendant did not receive a fair and impartial trial.
(c1)	State's Assertion of Errors. – Unless the rule against double jeopardy prohibits further prosecution, the State may assert the following errors on appeal:
(1)	The court erroneously dismissed a charge.
(2)	The court erroneously excluded evidence that substantially proves a material fact.
(c2)	Interlocutory Appeal. – The defendant and the State have a right to appeal prior to trial an order admitting or excluding evidence. If the State appeals under this subsection, the State's trial counsel shall certify to the court‑martial that the appeal is not taken for the purpose of delay and that the evidence is essential to the case.
…
(h)	Counsel. –
(1)	The Staff Judge Advocate of the North Carolina National Guard shall do the following:
…
(4)	The Adjutant General, upon the recommendation of the Staff Judge Advocate, shall place the designated judge advocates described in this subsection onto State active duty for the periods of time necessary for either counsel to provide adequate representation to the respective parties, if regularly scheduled unit training periods are insufficient. The Staff Judge Advocate shall verify to the Adjutant General whether any additional periods of time are necessary.
(i)	Discretionary Review. – Review of decisions by the Wake County Superior Court are pursuant to G.S. 7A‑31.1.
(j)	Rules. – The rules for practice and procedure for review of courts‑martial by the Wake County Superior Court shall be consistent with those prescribed for review of administrative appeals by the Superior Court, except as modified by this section.
"§ 127A‑63.  Reserved for future codification purposes.
"Part 3. National Guard Family Assistance Centers.
…."
SECTION 2.  This act becomes effective December 1, 2019, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.