Bill Text: IA SF2111 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the state military forces by establishing response and reporting requirements for the handling of allegations of sexual abuse in the state military forces. (See SF 2321.)
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-13 - Subcommittee, Sodders, Hart, and Rozenboom. S.J. 256. [SF2111 Detail]
Download: Iowa-2013-SF2111-Introduced.html
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
