Shown verbatim: the complete text as captured from the official page posted by the Virginia General Assembly, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the chaptered version. The official bill page.
CHAPTER 899 An Act to amend and reenact § 44-40.01 of the Code of Virginia, relating to nonjudicial disciplinary proceedings in the Virginia National Guard. [S 600] Approved April 13, 2026 Be it enacted by the General Assembly of Virginia: 1. That § 44-40.01 of the Code of Virginia is amended and reenacted as follows: § 44-40.01. Nonjudicial disciplinary proceedings. Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander's authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. [Reduction] [in] [rank] [shall] [not] [be] [imposed] [if] [the] [service] [member] [has] [more] [than] [10] [years] [of] [military] [service] [and] [is] [in] [the] [rank] [of] [E-5] [or] [above.] When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.
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