House Study Bill 157 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL) A BILL FOR An Act relating to service in the national guard and reserve 1 components of the armed forces, including applicability of 2 reemployment protections, and military justice jurisdiction 3 and statutes of limitation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1282XD (7) 87 ec/sc

S.F. _____ H.F. _____ Section 1. Section 29A.43, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. The protections provided for in this 3 section shall apply with equal force to members of the national 4 guard of another state, an organized reserve unit in another 5 state, or a civil air patrol unit in another state who are 6 employed in this state. 7 Sec. 2. Section 29B.1, Code 2017, is amended to read as 8 follows: 9 29B.1 Persons subject to code. 10 1. This chapter applies to all members of the state military 11 forces performing national guard duty or state active duty , 12 while not on federal active duty. In addition, this chapter 13 applies to all members of the state military forces who commit 14 an offense during travel to or from the member’s duty location 15 or during intervals between consecutive periods of duty on the 16 same day or on consecutive days in which the victim of the 17 offense is another member of the state military forces. 18 2. As used in this chapter , unless the context otherwise 19 requires, “state military forces” has the same meaning as in 20 section 29A.6 , and “code” means this chapter , which may be cited 21 as the “Iowa Code of Military Justice” . 22 Sec. 3. Section 29B.2, Code 2017, is amended to read as 23 follows: 24 29B.2 Jurisdiction to try personnel. 25 1. Each person discharged from the state military forces 26 who is later charged with having fraudulently obtained a 27 discharge is, subject to section 29B.44 , subject to trial by 28 court-martial on that charge and is after apprehension subject 29 to this code while in the custody of the military for that 30 trial. Upon conviction of that charge the person is subject 31 to trial by court-martial for all offenses under this code 32 committed before the fraudulent discharge. 33 2. No person who has deserted from the state military 34 forces may be relieved from amenability to the jurisdiction of 35 -1- LSB 1282XD (7) 87 ec/sc 1/ 4

S.F. _____ H.F. _____ this code by virtue of a separation from any later period of 1 service. 2 3. A member of the state military forces person who 3 is charged with having committed an offense against this 4 code may be called or ordered to duty for the purpose of 5 investigation under section 29B.33 , trial by court-martial, and 6 or nonjudicial punishment under section 29B.14 . A member shall 7 be called or ordered to duty within one hundred eighty days of 8 the discovery of the charged offense, and in no event shall a 9 member be called or ordered to duty after the expiration of 10 three years from the termination of a period of duty. 11 4. A member of the state military forces who is subject 12 to this code at the time of commission of an offense made 13 punishable by this code is not relieved from amenability to 14 the jurisdiction of this code by virtue of the termination of 15 a period of duty. 16 Sec. 4. Section 29B.44, Code 2017, is amended to read as 17 follows: 18 29B.44 Statute of limitations. 19 1. A person charged with desertion or absence without leave 20 in time of war, or with aiding the enemy or with mutiny , may be 21 tried and punished at any time without limitation. 22 2. Except as otherwise provided in this section , a person 23 charged with desertion in time of peace or with the any other 24 offense punishable under section 29B.112 under this code is 25 not liable to be tried by court-martial if the offense was 26 committed more than three five years before the receipt of 27 sworn charges and specifications by an officer exercising 28 summary court-martial jurisdiction over the command. 29 3. Except as otherwise provided in this section , a person 30 charged with any offense under this code is not liable to be 31 tried by court-martial or punished under section 29B.14 if the 32 offense was committed more than two years before the receipt 33 of sworn charges and specifications by an officer exercising 34 summary court-martial jurisdiction over the command or before 35 -2- LSB 1282XD (7) 87 ec/sc 2/ 4

S.F. _____ H.F. _____ the imposition of punishment under section 29B.14 . 1 4. Periods in which the accused was absent from territory 2 in which the state has the authority to apprehend the accused, 3 or in the custody of civil authorities, or in the hands of the 4 enemy, shall be excluded in computing the period of limitation 5 prescribed in this section . 6 5. If charges or specifications are dismissed as defective 7 or insufficient for any cause and the period prescribed by the 8 applicable statute of limitations has expired or will expire 9 within one hundred eighty days after the date the charges 10 or specifications are dismissed, trial by court-martial or 11 punishment under section 29B.14 is not barred by the statute of 12 limitations if the following conditions are met: 13 a. The charges and specifications are received by an officer 14 exercising summary court-martial jurisdiction or having the 15 authority to conduct punishment under section 29B.14 within one 16 hundred eighty days after the charges or specifications are 17 dismissed. 18 b. The charges and specifications allege some or all of 19 the same acts or omissions that were alleged in the dismissed 20 charges or specifications. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill concerns the department of public defense relating 25 to provisions under Code chapter 29A, the military code, and 26 Code chapter 29B, the Iowa code of military justice. 27 Code section 29A.43 is amended to provide that members 28 of the national guard of another state or a military reserve 29 unit in another state who are employed in this state have the 30 same protections regarding nondiscrimination and reemployment 31 rights, including continuation of health coverage, as members 32 of the Iowa national guard. 33 Code section 29B.1, concerning persons subject to the Iowa 34 code of military justice, is amended to specifically provide 35 -3- LSB 1282XD (7) 87 ec/sc 3/ 4

S.F. _____ H.F. _____ that the code applies to members of the state military forces 1 when they are performing national guard duty or state active 2 duty. In addition, Code section 29B.1 is amended to provide 3 that a military offense committed by one member of the state 4 military forces during travel to or from the member’s duty 5 location or during intervals between consecutive periods of 6 duty on the same day or on consecutive days against another 7 member of the state military forces, and there is a direct 8 relationship between the offense and the military membership, 9 is also subject to state military criminal jurisdiction. 10 Code section 29B.2, concerning jurisdiction to try 11 personnel, is amended by striking a provision prohibiting 12 a member of the state military forces from being called or 13 ordered to duty after the expiration of three years from the 14 termination of a period of duty relating to a member who is 15 charged with having committed an offense against the Iowa code 16 of military justice. 17 Code section 29B.44, concerning the statute of limitations 18 under the Iowa code of military justice, is amended. The 19 bill provides that, unless otherwise provided by Code section 20 29B.44, the statute of limitations for charging a person with 21 desertion in time of peace or any other offense under the code 22 subject to trial by court-martial is five years. Current law 23 provides that the statute of limitations is three years for 24 charging a person with desertion in time of peace or perjury 25 and two years for charging a person for any other offense of 26 the code subject to trial by court-martial. In addition, the 27 bill provides that dismissed military criminal charges may be 28 refiled within 180 days of dismissal. 29 -4- LSB 1282XD (7) 87 ec/sc 4/ 4