Senate File 2111 - Introduced SENATE FILE 2111 BY SODDERS and HATCH A BILL FOR An Act relating to the state military forces by establishing 1 response and reporting requirements for the handling of 2 allegations of sexual abuse in the state military forces. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5688XS (6) 85 aw/rj

S.F. 2111 Section 1. Section 29B.116, Code 2014, is amended to read 1 as follows: 2 29B.116 General article. 3 1. Though not specifically mentioned in this code, all 4 disorders and neglects to the prejudice of good order and 5 discipline in the state military forces, of which persons 6 subject to this code may be guilty, shall be taken cognizance 7 of by a general, special, or summary court-martial, according 8 to the nature and degree of the offense, and shall be punished 9 at the discretion of that court. However, cognizance 10 2. a. Cognizance shall not be taken of, and jurisdiction 11 shall not be extended to, the crimes of murder, manslaughter, 12 sexual abuse, robbery, maiming, arson, extortion, assault, 13 burglary, or housebreaking, jurisdiction of which is reserved 14 to civil courts. For the purposes of this subsection, “sexual 15 abuse” includes any crime contained in chapter 709. 16 b. The state military forces shall assist and support 17 civilian investigations of allegations of the commission of 18 sexual abuse. The adjutant general shall prescribe rules to 19 require the state military forces to respond to allegations of 20 the commission of sexual abuse and immediately report any such 21 allegation to the appropriate civil authorities. 22 Sec. 2. NEW SECTION . 29B.116A Reporting of crimes under 23 civil authority. 24 1. a. A person subject to this code who makes an allegation 25 that a crime, as referred to in section 29B.116, subsection 26 2, has been committed, may contact and give statements to any 27 proper civil authority or military authority regarding such 28 allegations. 29 b. A person subject to this code shall not do any of the 30 following: 31 (1) Stop, prevent, or discourage a person from contacting 32 and giving statements to any proper civil authority or military 33 authority pursuant to this subsection. 34 (2) Threaten, directly or implicitly, or take punitive 35 -1- LSB 5688XS (6) 85 aw/rj 1/ 4

S.F. 2111 action against a person making an allegation that a crime, 1 as referred to in section 29B.116, subsection 2, has been 2 committed. 3 (3) Presumptively dismiss any allegation that would 4 interfere with the due process of a civil authority. 5 (4) Suppress any action, report, or evidence that would 6 interfere with the due process of a civil authority. 7 2. The adjutant general shall prescribe rules, consistent 8 with federal law and regulations, to require that the state 9 military forces not give a member of the state military 10 forces making an allegation of sexual abuse a less favorable 11 rating or evaluation because of such an allegation. The rules 12 shall also require that the state military forces not give a 13 less favorable rating or evaluation to a member of the state 14 military forces if a subordinate of that member has made an 15 allegation of sexual abuse against a third person or because of 16 the number of any such allegations. 17 3. The adjutant general shall report annually, by January 18 15, to the governor and to the chairpersons and ranking members 19 of the general assembly’s standing committees on veterans 20 affairs on the number of sexual abuse allegations known to have 21 been reported by the state military forces to civil authorities 22 in the prior year. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill establishes response and reporting requirements 27 regarding sexual abuse in the state military forces. 28 Under current law, Code section 29B.116 provides that 29 the civil courts have jurisdiction of all crimes of murder, 30 manslaughter, sexual abuse, robbery, maiming, arson, extortion, 31 assault, burglary, and housebreaking committed by persons 32 subject to the Iowa code of military justice (military 33 persons). The bill includes within the term sexual abuse 34 any crime described in Code chapter 709, relating to sexual 35 -2- LSB 5688XS (6) 85 aw/rj 2/ 4

S.F. 2111 abuse and certain other sexual offenses. The bill requires 1 that state military forces assist and support civilian 2 investigations of sexual abuse under the jurisdiction of the 3 civil courts. 4 The bill further requires that the adjutant general 5 prescribe rules to require the state military forces to respond 6 to the allegation of sexual abuse and immediately report the 7 allegation to the appropriate civil authority. 8 The bill provides that a military person who makes an 9 allegation that such a crime has been committed may contact 10 and give statements to any proper civil authority or military 11 authority regarding such an allegation. The bill requires 12 that a military person not stop, prevent, or discourage such a 13 person from contacting any proper civil authority or military 14 authority or threaten, directly or implicitly, or take punitive 15 action against a person making an allegation that such a crime 16 has been committed. The bill further requires that a military 17 person not presumptively dismiss any allegation that would 18 interfere with the due process of a civil authority or suppress 19 any action, report, or evidence that would interfere with the 20 due process of a civil authority. 21 The bill also requires the adjutant general to prescribe 22 rules, consistent with federal law and regulations, to not give 23 a member of the state military forces making an allegation of 24 sexual abuse a less favorable rating or evaluation because 25 of such an allegation. The bill also requires that the 26 rules provide that the state military forces not give a 27 less favorable rating or evaluation to a member of the state 28 military forces if a subordinate of that member has made an 29 allegation of sexual abuse against a third person or because of 30 the number of any such allegations. 31 The bill also requires that the adjutant general 32 report annually, by January 15, to the governor and to the 33 chairpersons and ranking members of the general assembly’s 34 standing committees on veterans affairs on the number of sexual 35 -3- LSB 5688XS (6) 85 aw/rj 3/ 4

S.F. 2111 abuse allegations known to have been reported by the state 1 military forces to civil authorities in the prior year. 2 -4- LSB 5688XS (6) 85 aw/rj 4/ 4