Bill Text: CA SB1274 | 2019-2020 | Regular Session | Introduced

California Senate Bill 1274 (Prior Session Legislation)

Introduced

Bill Title: Military: liability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-05-12 - Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar. [SB1274 Detail]

Download: California-2019-SB1274-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1274

Introduced by Senator Hill
(Coauthor: Senator Umberg)

February 21, 2020

An act to amend Section 392 of the Military and Veterans Code, relating to the military.

LEGISLATIVE COUNSEL'S DIGEST

SB 1274, as introduced, Hill. Military: liability.

Existing law states that members of the militia in active service shall not be liable civilly or criminally for any act done by them in the performance of their duty.

This bill would state that an act of sexual harassment, sexual assault, reprisal in response to a whistleblower complaint, as specified, and felony criminal offenses shall be deemed to not be done in the performance of the member’s duty.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 392 of the Military and Veterans Code is amended to read:

392.

Members of the militia in the active service of the State shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. An act or acts of sexual harassment, sexual assault, reprisals in violation of Sections 56 and 56.1, and felony criminal offenses shall be deemed not to be done in the performance of a member’s duties.