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House Study Bill 157 - IntroducedA Bill ForAn Act 1relating to service in the national guard and reserve
2components of the armed forces, including applicability of
3reemployment protections, and military justice jurisdiction
4and statutes of limitation.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.43, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4. The protections provided for in this
4section shall apply with equal force to members of the national
5guard of another state, an organized reserve unit in another
6state, or a civil air patrol unit in another state who are
7employed in this state.
8 Sec. 2. Section 29B.1, Code 2017, is amended to read as
9follows:
1029B.1 Persons subject to code.
111. This chapter applies to all members of the state military
12forces performing national guard duty or state active duty,
13while not on federal active duty. In addition, this chapter
14applies to all members of the state military forces who commit
15an offense during travel to or from the member’s duty location
16or during intervals between consecutive periods of duty on the
17same day or on consecutive days in which the victim of the
18offense is another member of the state military forces.
192. As used in this chapter, unless the context otherwise
20requires, “state military forces” has the same meaning as in
21section 29A.6, and “code” means this chapter, which may be cited
22as the “Iowa Code of Military Justice”.
23 Sec. 3. Section 29B.2, Code 2017, is amended to read as
24follows:
2529B.2 Jurisdiction to try personnel.
261. Each person discharged from the state military forces
27who is later charged with having fraudulently obtained a
28discharge is, subject to section 29B.44, subject to trial by
29court-martial on that charge and is after apprehension subject
30to this code while in the custody of the military for that
31trial. Upon conviction of that charge the person is subject
32to trial by court-martial for all offenses under this code
33committed before the fraudulent discharge.
342. No person who has deserted from the state military
35forces may be relieved from amenability to the jurisdiction of
-1-1this code by virtue of a separation from any later period of
2service.
33. A member of the state military forces person who
4is charged with having committed an offense against this
5code may be called or ordered to duty for the purpose of
6investigation under section 29B.33, trial by court-martial, and
7 or nonjudicial punishment under section 29B.14. A member shall
8be called or ordered to duty within one hundred eighty days of
9the discovery of the charged offense, and in no event shall a
10member be called or ordered to duty after the expiration of
11three years from the termination of a period of duty.
124. A member of the state military forces who is subject
13to this code at the time of commission of an offense made
14punishable by this code is not relieved from amenability to
15the jurisdiction of this code by virtue of the termination of
16a period of duty.
17 Sec. 4. Section 29B.44, Code 2017, is amended to read as
18follows:
1929B.44 Statute of limitations.
201. A person charged with desertion or absence without leave
21in time of war, or with aiding the enemy or with mutiny, may be
22tried and punished at any time without limitation.
232. Except as otherwise provided in this section, a person
24charged with desertion in time of peace or with the any other
25 offense punishable under section 29B.112 under this code is
26not liable to be tried by court-martial if the offense was
27committed more than three five years before the receipt of
28sworn charges and specifications by an officer exercising
29summary court-martial jurisdiction over the command.
303. Except as otherwise provided in this section, a person
31charged with any offense under this code is not liable to be
32tried by court-martial or punished under section 29B.14 if the
33offense was committed more than two years before the receipt
34of sworn charges and specifications by an officer exercising
35summary court-martial jurisdiction over the command or before
-2-1the imposition of punishment under section 29B.14.
24. Periods in which the accused was absent from territory
3in which the state has the authority to apprehend the accused,
4or in the custody of civil authorities, or in the hands of the
5enemy, shall be excluded in computing the period of limitation
6prescribed in this section.
75. If charges or specifications are dismissed as defective
8or insufficient for any cause and the period prescribed by the
9applicable statute of limitations has expired or will expire
10within one hundred eighty days after the date the charges
11or specifications are dismissed, trial by court-martial or
12punishment under section 29B.14 is not barred by the statute of
13limitations if the following conditions are met:
14a. The charges and specifications are received by an officer
15exercising summary court-martial jurisdiction or having the
16authority to conduct punishment under section 29B.14 within one
17hundred eighty days after the charges or specifications are
18dismissed.
19b. The charges and specifications allege some or all of
20the same acts or omissions that were alleged in the dismissed
21charges or specifications.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill concerns the department of public defense relating
26to provisions under Code chapter 29A, the military code, and
27Code chapter 29B, the Iowa code of military justice.
28Code section 29A.43 is amended to provide that members
29of the national guard of another state or a military reserve
30unit in another state who are employed in this state have the
31same protections regarding nondiscrimination and reemployment
32rights, including continuation of health coverage, as members
33of the Iowa national guard.
34Code section 29B.1, concerning persons subject to the Iowa
35code of military justice, is amended to specifically provide
-3-1that the code applies to members of the state military forces
2when they are performing national guard duty or state active
3duty. In addition, Code section 29B.1 is amended to provide
4that a military offense committed by one member of the state
5military forces during travel to or from the member’s duty
6location or during intervals between consecutive periods of
7duty on the same day or on consecutive days against another
8member of the state military forces, and there is a direct
9relationship between the offense and the military membership,
10is also subject to state military criminal jurisdiction.
11Code section 29B.2, concerning jurisdiction to try
12personnel, is amended by striking a provision prohibiting
13a member of the state military forces from being called or
14ordered to duty after the expiration of three years from the
15termination of a period of duty relating to a member who is
16charged with having committed an offense against the Iowa code
17of military justice.
18Code section 29B.44, concerning the statute of limitations
19under the Iowa code of military justice, is amended. The
20bill provides that, unless otherwise provided by Code section
2129B.44, the statute of limitations for charging a person with
22desertion in time of peace or any other offense under the code
23subject to trial by court-martial is five years. Current law
24provides that the statute of limitations is three years for
25charging a person with desertion in time of peace or perjury
26and two years for charging a person for any other offense of
27the code subject to trial by court-martial. In addition, the
28bill provides that dismissed military criminal charges may be
29refiled within 180 days of dismissal.
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2components of the armed forces, including applicability of
3reemployment protections, and military justice jurisdiction
4and statutes of limitation.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.43, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4. The protections provided for in this
4section shall apply with equal force to members of the national
5guard of another state, an organized reserve unit in another
6state, or a civil air patrol unit in another state who are
7employed in this state.
8 Sec. 2. Section 29B.1, Code 2017, is amended to read as
9follows:
1029B.1 Persons subject to code.
111. This chapter applies to all members of the state military
12forces performing national guard duty or state active duty,
13while not on federal active duty. In addition, this chapter
14applies to all members of the state military forces who commit
15an offense during travel to or from the member’s duty location
16or during intervals between consecutive periods of duty on the
17same day or on consecutive days in which the victim of the
18offense is another member of the state military forces.
192. As used in this chapter, unless the context otherwise
20requires, “state military forces” has the same meaning as in
21section 29A.6, and “code” means this chapter, which may be cited
22as the “Iowa Code of Military Justice”.
23 Sec. 3. Section 29B.2, Code 2017, is amended to read as
24follows:
2529B.2 Jurisdiction to try personnel.
261. Each person discharged from the state military forces
27who is later charged with having fraudulently obtained a
28discharge is, subject to section 29B.44, subject to trial by
29court-martial on that charge and is after apprehension subject
30to this code while in the custody of the military for that
31trial. Upon conviction of that charge the person is subject
32to trial by court-martial for all offenses under this code
33committed before the fraudulent discharge.
342. No person who has deserted from the state military
35forces may be relieved from amenability to the jurisdiction of
-1-1this code by virtue of a separation from any later period of
2service.
33. A member of the state military forces person who
4is charged with having committed an offense against this
5code may be called or ordered to duty for the purpose of
6investigation under section 29B.33, trial by court-martial, and
7 or nonjudicial punishment under section 29B.14. A member shall
8be called or ordered to duty within one hundred eighty days of
9the discovery of the charged offense, and in no event shall a
10member be called or ordered to duty after the expiration of
11three years from the termination of a period of duty.
124. A member of the state military forces who is subject
13to this code at the time of commission of an offense made
14punishable by this code is not relieved from amenability to
15the jurisdiction of this code by virtue of the termination of
16a period of duty.
17 Sec. 4. Section 29B.44, Code 2017, is amended to read as
18follows:
1929B.44 Statute of limitations.
201. A person charged with desertion or absence without leave
21in time of war, or with aiding the enemy or with mutiny, may be
22tried and punished at any time without limitation.
232. Except as otherwise provided in this section, a person
24charged with desertion in time of peace or with the any other
25 offense punishable under section 29B.112 under this code is
26not liable to be tried by court-martial if the offense was
27committed more than three five years before the receipt of
28sworn charges and specifications by an officer exercising
29summary court-martial jurisdiction over the command.
303. Except as otherwise provided in this section, a person
31charged with any offense under this code is not liable to be
32tried by court-martial or punished under section 29B.14 if the
33offense was committed more than two years before the receipt
34of sworn charges and specifications by an officer exercising
35summary court-martial jurisdiction over the command or before
-2-1the imposition of punishment under section 29B.14.
24. Periods in which the accused was absent from territory
3in which the state has the authority to apprehend the accused,
4or in the custody of civil authorities, or in the hands of the
5enemy, shall be excluded in computing the period of limitation
6prescribed in this section.
75. If charges or specifications are dismissed as defective
8or insufficient for any cause and the period prescribed by the
9applicable statute of limitations has expired or will expire
10within one hundred eighty days after the date the charges
11or specifications are dismissed, trial by court-martial or
12punishment under section 29B.14 is not barred by the statute of
13limitations if the following conditions are met:
14a. The charges and specifications are received by an officer
15exercising summary court-martial jurisdiction or having the
16authority to conduct punishment under section 29B.14 within one
17hundred eighty days after the charges or specifications are
18dismissed.
19b. The charges and specifications allege some or all of
20the same acts or omissions that were alleged in the dismissed
21charges or specifications.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill concerns the department of public defense relating
26to provisions under Code chapter 29A, the military code, and
27Code chapter 29B, the Iowa code of military justice.
28Code section 29A.43 is amended to provide that members
29of the national guard of another state or a military reserve
30unit in another state who are employed in this state have the
31same protections regarding nondiscrimination and reemployment
32rights, including continuation of health coverage, as members
33of the Iowa national guard.
34Code section 29B.1, concerning persons subject to the Iowa
35code of military justice, is amended to specifically provide
-3-1that the code applies to members of the state military forces
2when they are performing national guard duty or state active
3duty. In addition, Code section 29B.1 is amended to provide
4that a military offense committed by one member of the state
5military forces during travel to or from the member’s duty
6location or during intervals between consecutive periods of
7duty on the same day or on consecutive days against another
8member of the state military forces, and there is a direct
9relationship between the offense and the military membership,
10is also subject to state military criminal jurisdiction.
11Code section 29B.2, concerning jurisdiction to try
12personnel, is amended by striking a provision prohibiting
13a member of the state military forces from being called or
14ordered to duty after the expiration of three years from the
15termination of a period of duty relating to a member who is
16charged with having committed an offense against the Iowa code
17of military justice.
18Code section 29B.44, concerning the statute of limitations
19under the Iowa code of military justice, is amended. The
20bill provides that, unless otherwise provided by Code section
2129B.44, the statute of limitations for charging a person with
22desertion in time of peace or any other offense under the code
23subject to trial by court-martial is five years. Current law
24provides that the statute of limitations is three years for
25charging a person with desertion in time of peace or perjury
26and two years for charging a person for any other offense of
27the code subject to trial by court-martial. In addition, the
28bill provides that dismissed military criminal charges may be
29refiled within 180 days of dismissal.
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