Today's Law As Amended


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SB-901 The military: eligibility.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 240 is added to the Military and Veterans Code, to read:

240.
 (a) A person is not eligible to commission as an officer or warrant officer in the California National Guard if they actively participate in any of the following:
(1) Advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights under the United States Constitution or the laws of the United States, the California Constitution or the laws of this state, or a political subdivision thereof.
(2) Advocating for, or engaging in, the use of unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature.
(3) Advocating for, engaging in, or supporting terrorism within the United States or abroad.
(4) Advocating for, engaging in, or supporting the overthrow of the government of the United States, or any political subdivision thereof, including the government of this state or that of any other state, commonwealth, territory, or the District of Columbia, by force of violence, or seeking to alter the form of these governments by unconstitutional or other unlawful means.
(5) Advocating or encouraging military, civilian, or contractor personnel within the California National Guard or State Guard to violate the laws of the United States, or any political subdivision thereof, including the laws of this state or those of any other state, commonwealth, territory, or the District of Columbia, or to disobey lawful orders or regulations, for the purpose of disrupting military activities, or personally undertaking the same.
(6) Advocating for widespread unlawful discrimination based on race, color, national origin, religion, sex, gender identity, or sexual orientation.
(7) Advocating for, engaging in, or supporting treason, as defined in Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code.
(8) Advocating for, engaging in, or supporting an act of rebellion or insurrection, as defined in Section 2383 of Title 18 of the United States Code.
(b) An officer who actively participates in any of the conduct set forth in subdivision (a) shall receive an other than honorable discharge, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches.
(c) “Active participation” has the same meaning as in the Department of Defense Instruction 1325.06 or any successor instruction or regulation.

SEC. 2.

 Section 260 of the Military and Veterans Code is amended to read:

260.
 The following shall be  are  causes for discharge of enlisted personnel:
(a) Expiration of term of service.
(b) Attainment of the age of 64 years.
(c) Acceptance of appointment as a commissioned officer in the state or federal service.
(d) To enlist in the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard.
(e) To accept appointment in the United States Military Academy, Naval Academy, Air Force Academy, or Coast Guard Academy.
(f) To accept appointment as a flying cadet.
(g) To re-enlist.
(h) Discontinuance of the organization in which the person is serving.
(i) Change of residence.
(j) Certificate of disability.
(k) Inaptness or misconduct.
(l) Fraudulent enlistment.
(m) Action of civil or military court.
(n) Draft into the service of the United States.
(o) Business or educational interference.
(p) Any other reason which  the Governor deems adequate and satisfactory.
(q) For the best interests of the military service.
(r) For the good of the service.
(s) For absence without leave.
(t) Active participation in any of the conduct set forth in subdivision (a) of Section 240.

SEC. 3.

 Section 261 of the Military and Veterans Code is amended to read:

261.
 (a) (1)  Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the Governor, under such those  regulations as may be prescribed, or as may be authorized by the laws and regulations prescribed for the government of the National Guard by the United States and which that  are not inconsistent with this code.
(2) An enlisted person shall receive an other than honorable discharge pursuant to subdivision (t) of Section 260, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches.
(b) The Adjutant General may discharge a person who is absent without leave for a period of 90 days or more. The discharge under this subdivision shall be a general discharge under honorable conditions.

SEC. 4.

 Section 270 is added to the Military and Veterans Code, to read:

270.
 A person is not eligible to enlist in the California National Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.

SEC. 5.

 Section 559 of the Military and Veterans Code is amended to read:

559.
 (a) A person shall not be commissioned or enlisted in the State Guard if either of the following apply:
(1) The person is not a citizen of the United States or has not declared their intention to become a citizen of the United States.
No (2)   person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has not declared his or her intention to become such citizen or who has  The person has  been expelled or dishonorably discharged from any a  military or naval organization of this State, or  state,  of another state, or of the United States.
(b) A person is not eligible to commission or enlist in the State Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.
(c) A person who is commissioned or enlisted in the State Guard shall be discharged under undesirable conditions if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.