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Criminal Court Procedures For Military Defendants

Concerning criminal court procedures for defendants who have served in the armed forces.
2017 Regular Session
Courts & Judicial
Crimes, Corrections, & Enforcement
Military & Veterans
Bill Summary

If a court determines that a criminal defendant is currently serving in the United States armed forces or is a veteran of such forces (military defendant) and has been diagnosed as having any of certain mental health problems relating to his or her military service, the court shall:

  • Order the person preparing the presentence report to consult with the federal department of veterans affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local program options; and
  • Consider such treatment options, as well as the treatment recommendations of any diagnosing or treating mental health professionals, in imposing sentence.

If the court determines that a military defendant suffers sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems during his or her service in the United States armed forces and the defendant is eligible for probation, the court shall consider such fact favorably in determining whether to grant probation and in assessing whether he or she should be ordered into a federal or community-based treatment service program.

The bill allows a court to order the criminal conviction records of a military defendant to be sealed when certain conditions are satisfied.

(Note: This summary applies to this bill as introduced.)




Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details