LAS VEGAS (KTNV) — Tipping the legal scales in favor of our service members.
That's what one state senator is advocating for with a bill seeking equal justice for those who serve in the Nevada National Guard.
We put out the call for action in our report two weeks ago.
WATCH: Proposed law seeks equal justice for those who serve in Nevada National Guard
Today, lawmakers are beginning to answer that call — holding a legislative hearing in Carson City on Senate Bill 95.
The bill, if passed, would grant Nevada National Guard members the right to demand a court martial instead of accepting non-judicial punishment.
"No rules of evidence apply to a non-judicial punishment, meaning hearsay and other unproven claims can be made," said Nevada Senate Whip Lisa Kranser, who is one of the bill's sponsors. "Also, there is no Sixth Amendment right to confront witnesses against you."
WATCH: State lawmakers hear bill that could provide additional protections for Nevada National Guard members
Krasner says the guard's administrative punishment process is flawed and opens the door to retaliation by commanders because the military governs every aspect of the disciplinary process.
Felicia Cavanagh is Allison Bailey's mother. The motivation for the bill came from Sgt. First Class Allison Bailey's experience. Her story was the centerpiece of our Guarding The Guardsmen investigation two years ago.
WATCH: The case of Sgt. First Class Allison Bailey
In 2020, Bailey tried to blow the whistle over what she claimed was a bullying and toxic work environment in her unit. However, shortly thereafter, she found herself under investigation for what the guard called a "pattern of misconduct."
Bailey had also filed a complaint saying she'd been sexually assaulted by a fellow guardsman. That case was referred to the Nevada Department of Public Safety, who later closed it citing "insufficient evidence."
Through the guard's own disciplinary processes, Bailey was eventually demoted and kicked out with an "other than honorable" discharge after serving for 17 years.
"And when service members can be punished based solely on hearsay accusations, without tangible evidence, it undermines the guard's integrity," Cavanagh told committee members. "This unfair process ultimately led to her being denied a medical discharge, losing her career and healthcare despite being critically ill."
The 34-year-old mother of two died six weeks later when her heart and lungs failed due to multiple underlying conditions.
"What I know now is that the current practice of no court martial allows years of excellent service — as in Allison's case — and in fact, one's entire career to be placed in serious risk by not affording members the same right to a court martial that they would have in the active military or most other states," said Colin Cavanagh, Bailey's brother.
Col. Kevin Remus, the state judge advocate for the Nevada National Guard, told lawmakers that due process is already afforded through the guard's internal disciplinary process, and that the cost of allowing a court martial option would be too high.
"Any federal funds used would take away from training and readiness, and this is especially important in the current resource-constrained environment in which we operate with significant cuts being forecast with the new administration," Remus said.
Sen. Krasner and others who testified in person and in writing pushed back against the guard's claim that the bill would carry a high cost, saying it's a necessary check and balance on the military's control of guard member discipline.