Senate File 2321 S-5051 Amend Senate File 2321 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 29B.16, Code 2014, is amended 4 to read as follows: 5 29B.16 Jurisdiction of courts-martial in general. 6 1. Each force of the state military forces has 7 court-martial jurisdiction over all persons subject to 8 this code. 9 2. Courts-martial have primary jurisdiction of 10 military offenses as defined in sections 29B.77 through 11 29B.116 of this code. 12 Sec. 2. NEW SECTION . 29B.90A Interference with 13 report of a crime to civilian law enforcement. 14 Any person subject to this code shall be punished as 15 a court-martial may direct if the person does any of 16 the following: 17 1. Interferes with or reprises against any member 18 of the state military forces who has indicated the 19 intent to make or who has made a report to civilian 20 law enforcement of a crime listed in section 29B.116A, 21 subsection 1, where the accused and the victim are 22 subject to this code at the time of the offense. 23 2. Fails to cooperate with or obstructs a civilian 24 law enforcement investigation based upon a report in 25 subsection 1. 26 Sec. 3. Section 29B.116, Code 2014, is amended to 27 read as follows: 28 29B.116 General article. 29 Though Subject to section 29B.116A, though not 30 specifically mentioned in this code, all disorders and 31 neglects to the prejudice of good order and discipline 32 in the state military forces and all conduct of a 33 nature to bring discredit upon the state military 34 forces , of which persons subject to this code may be 35 guilty, shall be taken cognizance of by a general, 36 special, or summary court-martial, according to the 37 nature and degree of the offense, and shall be punished 38 at the discretion of that court. However, cognizance 39 shall not be taken of, and jurisdiction shall not be 40 extended to, the crimes of murder, manslaughter, sexual 41 abuse, robbery, maiming, arson, extortion, assault, 42 burglary, or housebreaking, jurisdiction of which is 43 reserved to civil courts. 44 Sec. 4. NEW SECTION . 29B.116A Jurisdiction of 45 offenses by civilian courts and notification of civilian 46 authorities. 47 1. a. Jurisdiction under this code shall not 48 be extended to the crimes of murder, manslaughter, 49 sexual abuse, robbery, arson, extortion, assault, or 50 -1- SF2321.3219 (2) 85 aw/rj 1/ 3 #1.

burglary, jurisdiction of which is reserved exclusively 1 to civilian courts. 2 b. The term “civilian criminal offenses” includes 3 all offenses not defined in this code. Primary 4 jurisdiction over civilian criminal offenses shall be 5 with civilian courts, even when committed by a member 6 of the state military forces while subject to this 7 code. 8 c. Where a civilian criminal offense and a military 9 offense defined in this code may be charged based 10 on the same event, concurrent civilian and military 11 jurisdiction shall exist. 12 2. a. A commander, who is made aware of an 13 allegation that an offense under subsection 1, 14 paragraph “a” or “b” , has been committed by a member 15 of the state military forces against another member of 16 the state military forces while both are subject to 17 this code, shall notify local civilian law enforcement 18 authorities without delay. 19 b. (1) Regarding an allegation of sexual abuse, 20 the commander shall provide the person making the 21 allegation with written notice of the person’s right 22 to notify local civilian law enforcement authorities 23 independently, as described in subsection 3. The 24 written notice shall include contact information for an 25 appropriate civilian law enforcement authority. 26 (2) Regarding an allegation of sexual abuse, the 27 commander’s obligation to notify under paragraph “a” 28 shall not apply to an allegation that is a restricted 29 report, as that term is defined in federal military 30 regulations. The commander’s obligation to notify 31 under paragraph “a” shall apply to an allegation of 32 sexual abuse that is an unrestricted report, as that 33 term is defined in federal military regulations. The 34 commander’s written notification under subparagraph 35 (1) shall inform the person making an allegation of 36 sexual abuse that if the person consents to making 37 an unrestricted report that the person is thereby 38 consenting to the commander notifying an appropriate 39 civilian law enforcement authority so that such an 40 authority may initiate an investigation or collect 41 evidence. The commander’s written notification under 42 subparagraph (1) shall also inform the person making 43 the allegation that if the person consents to making an 44 unrestricted report that the person is not required to 45 speak with civilian law enforcement investigators or 46 otherwise participate in an investigation by a civilian 47 law enforcement authority. 48 3. Members of the state military forces who are 49 victims of offenses described in subsection 1 retain 50 -2- SF2321.3219 (2) 85 aw/rj 2/ 3

the right to notify local civilian law enforcement 1 authorities independently. 2 Sec. 5. NEW SECTION . 29B.116B Adjutant general 3 report. 4 The adjutant general shall report annually, by 5 January 15, to the governor and to the chairpersons 6 and ranking members of the general assembly’s standing 7 committees on veterans affairs on the number of 8 offenses described in section 29B.116A, subsection 9 1, which have reported to civilian law enforcement 10 authorities in the prior year, if such offenses were 11 committed by a member of the state military forces 12 against another member of the state military forces 13 while both are subject to this code. The report shall 14 provide such numbers by type of offense. 15 Sec. 6. Section 803.1, subsection 1, Code 2014, is 16 amended by adding the following new paragraph: 17 NEW PARAGRAPH . f. The offense is committed by a 18 member of the state military forces against another 19 member of the state military forces, both are in a duty 20 status at the time of the offense, whether inside or 21 outside the state, and the offense is one for which 22 civil courts have jurisdiction under section 29B.116A. 23 However, for those offenses subject to both civilian 24 and military jurisdiction, civilian jurisdiction shall 25 not be declined solely on that basis. > 26 2. Title page, by striking lines 1 through 4 and 27 inserting < An Act relating to jurisdiction over certain 28 offenses committed by members of the state military 29 forces, and establishing certain notification and 30 reporting requirements. > 31 ______________________________ STEVEN J. SODDERS -3- SF2321.3219 (2) 85 aw/rj 3/ 3 #2.