SF 2321 (LSB 5688SV (3) 85)

SENATE FILE 2321

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SF 2111)

A BILL FOR

An Act relating to the state military forces by establishing response and reporting requirements for certain crimes and for the handling of allegations of sexual abuse in the state military forces.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  29B.90A  Interference.

   Any person subject to this code shall be punished as a court-martial may direct if the person does any of the following:

   1.  Interferes with or reprises against any member of the state military forces who intends to make or who has made a report to civilian law enforcement of a crime listed in section 29B.116A, subsection 1 or 2, where the accused and the victim are subject to this code at the time of the offense.
   2.  Fails to cooperate with or obstructs a civilian criminal investigation based upon a report described in subsection 1.
    Sec. 2.  Section 29B.116, Code 2014, is amended to read as follows:
   29B.116  General article.

   Though Subject to section 29B.116A, though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance shall not be taken of, and jurisdiction shall not be extended to, the crimes of murder, manslaughter, sexual abuse, robbery, maiming, arson, extortion, assault, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.
    Sec. 3.  NEW SECTION.  29B.116A  Jurisdiction of offenses by civilian courts and duty to report.
   1.  a.  Jurisdiction under this code shall not be extended to the crimes of murder, manslaughter, sexual abuse, robbery, arson, extortion, assault, or burglary, jurisdiction of which is reserved exclusively to civilian courts.
   b.  Courts-martial have primary jurisdiction of military offenses as defined in sections 29B.77 through 29B.116 of this code.
   c.  Civilian criminal courts have primary jurisdiction over civilian criminal offenses, even where committed by a member of the state military forces while subject to this code.
   d.  Where a civilian offense and a military offense may be charged based on the same event, concurrent military and civilian jurisdiction shall exist.
   2.  a.  (1)  Any unit or organization commander, or if a commander is not on site an officer in charge, who is made aware of an allegation that an offense under subsection 1, paragraph “a” or “c” has been committed by a member of the state military forces against another member of the state military forces, while both are subject to this code, shall notify civilian law enforcement authorities without delay.
   (2)  In the case of an allegation of sexual abuse:
   (a)  The commander’s or officer’s obligation to notify shall apply to an allegation that is an unrestricted report as that term is defined in federal military regulations and where the person making the allegation consents to the notification to civilian law enforcement.
   (b)  The commander’s or officer’s obligation to notify shall apply to an allegation that is a restricted report as that term is defined in federal military regulations and where the person making the allegation consents to the notification to local civilian law enforcement.
   (c)  Victims of sexual abuse who have filed restricted reports under federal military regulations retain the right to notify civilian law enforcement authorities independently.
   (d)  A commander or officer shall not interfere with the decision of a person making an allegation of sexual abuse on whether to notify civilian law enforcement.
   b.  Any unit or organization commander who is made aware of an allegation that an offense under subsection 1, paragraph “d”, has been committed by a member of the state military forces against another member of the state military forces, while both are subject to this code, may notify civilian law enforcement authorities without delay if the state military forces do not intend to exercise jurisdiction.
   3.  The adjutant general shall report annually, by January 15, to the governor and to the chairpersons and ranking members of the general assembly’s standing committees on veterans affairs on the number of offenses reported to civilian law enforcement authorities in the prior year by type of offense. The report shall detail the number of filed restricted reports and detail the number of filed unrestricted reports as described in subsection 2, paragraph “a”.
    Sec. 4.  Section 803.1, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  The offense is committed by a member of the state military forces against another member of the state military forces, both are in a duty status at the time of the offense, whether inside or outside the state, and the offense is one for which civil courts have jurisdiction under section 29B.116A. However, for those offenses subject to both civilian and military jurisdiction, civilian jurisdiction shall not be declined solely on the basis that concurrent military and civilian jurisdiction exists.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes certain response and reporting requirements for certain crimes and for the handling of allegations of sexual abuse in the state military forces.
   The bill creates an offense of interference under the Iowa code of military justice and provides that military persons who commit such offenses shall be punished as directed by a court-martial. The bill provides that a military person commits such an offense if the person interferes with or reprises against any member of the state military forces who intends to make or who has made a report to civilian law enforcement of certain crimes, where the accused and the victim are subject to the Iowa code of military justice at the time of the offense. The bill provides that a military person also commits such an offense if the person fails to cooperate with or obstructs a civilian criminal investigation based upon such a report.
   The bill moves Code language that reserves civilian jurisdiction over the crimes of murder, manslaughter, sexual abuse, robbery, arson, extortion, assault, and burglary from current Code section 29B.116 to new Code section 29B.116A. However, the bill removes the crimes of maiming and housebreaking from the list of crimes reserved for civilian jurisdiction, as no such-named crimes exists under the Iowa Code.
   The bill provides that courts-martial shall have primary jurisdiction of military offenses as defined in Code sections 29B.77 through 29B.116. The bill further provides that civilian criminal courts have primary jurisdiction over civilian criminal offenses, even where committed by a member of the state military forces while subject to the Iowa code of military justice. The bill also establishes that where a civilian offense and a military offense may be charged based on the same event, concurrent military and civilian jurisdiction shall exist.
   The bill requires that any unit or organization commander, who is made aware of an allegation that an offense under civilian jurisdiction has been committed under certain circumstances, shall notify civilian law enforcement authorities without delay. The bill requires that an officer in charge provide such notification if a commander is not on site.
   The bill requires that in the case of an allegation of sexual abuse that the commander’s or officer’s obligation to notify shall apply to an allegation that is an unrestricted report or a restricted report and where the person making the allegation consents to the notification of civilian law enforcement. The bill provides that victims of sexual abuse who have filed restricted reports under federal military regulations retain the right to notify civilian law enforcement authorities independently and that a commander or officer shall not interfere with the decision of a person making an allegation of sexual abuse on whether to notify civilian law enforcement.
   The bill also provides that any unit or organization commander who is made aware of an allegation that an offense has been committed under military and civilian jurisdiction may notify civilian law enforcement authorities without delay if the state military forces do not intend to exercise jurisdiction.
   The bill requires that the adjutant general report annually, by January 15, to the governor and to the chairpersons and ranking members of the general assembly’s standing committees on veterans affairs, on the number of offenses reported to civilian law enforcement authorities in the prior year by type of offense. The bill further requires that the report detail the number of filed restricted reports and detail the number of filed unrestricted reports.
   The bill also extends state criminal jurisdiction to offenses committed within or outside of Iowa if the offense is committed by a member of the state military forces against another member of the state military forces, if both are in a duty status at the time of the offense, and if the offense is one for which civilian courts have jurisdiction under new Code section 29B.116A. The bill also provides that for those offenses subject to both civilian and military jurisdiction, civilian jurisdiction shall not be declined solely on the basis of concurrent military and civilian jurisdiction.