Bill Text: IA SF2321 | 2013-2014 | 85th General Assembly | Enrolled

---

Bill Title: A bill for an act relating to jurisdiction over certain offenses committed by members of the state military forces, and establishing certain notification and reporting requirements. (Formerly SF 2111.) Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 720. [SF2321 Detail]

Download: Iowa-2013-SF2321-Enrolled.html

---

Senate File 2321
AN ACT
RELATING TO JURISDICTION OVER CERTAIN OFFENSES COMMITTED BY
MEMBERS OF THE STATE MILITARY FORCES, AND ESTABLISHING
CERTAIN NOTIFICATION AND REPORTING REQUIREMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 29B.16, Code 2014, is amended to read as
follows:
29B.16 Jurisdiction of courts-martial in general.
1. Each force of the state military forces has court-martial
jurisdiction over all persons subject to this code.
2. Courts-martial have primary jurisdiction of military
offenses as defined in sections 29B.77 through 29B.116 of this
code.
Sec. 2. NEW SECTION . 29B.90A Interference with report of a
crime to civilian law enforcement.
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 has indicated the intent to make or
who has made a report to civilian law enforcement of a crime
listed in section 29B.116A, subsection 1, where the accused and
the victim are subject to this code at the time of the offense.

Senate File 2321, p. 2
2. Fails to cooperate with or obstructs a civilian law
enforcement investigation based upon a report in subsection 1.
Sec. 3. 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 and all conduct of a nature to bring discredit upon
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. 4. NEW SECTION . 29B.116A Jurisdiction of offenses by
civilian courts and notification of civilian authorities.
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. The term “civilian criminal offenses” includes all
offenses not defined in this code. Primary jurisdiction over
civilian criminal offenses shall be with civilian courts, even
when committed by a member of the state military forces while
subject to this code.
c. Where a civilian criminal offense and a military offense
defined in this code may be charged based on the same event,
concurrent civilian and military jurisdiction shall exist.
2. a. A commander, who is made aware of an allegation
that an offense under subsection 1, paragraph “a” or “b” ,
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 local civilian law
enforcement authorities without delay.
b. (1) Regarding an allegation of sexual abuse, the
commander shall provide the person making the allegation with
written notice of the person’s right to notify local civilian
law enforcement authorities independently, as described
in subsection 3. The written notice shall include contact

Senate File 2321, p. 3
information for an appropriate civilian law enforcement
authority.
(2) Regarding an allegation of sexual abuse, the
commander’s obligation to notify under paragraph “a” shall
not apply to an allegation that is a restricted report,
as that term is defined in federal military regulations.
The commander’s obligation to notify under paragraph “a”
shall apply to an allegation of sexual abuse that is an
unrestricted report, as that term is defined in federal
military regulations. The commander’s written notification
under subparagraph (1) shall inform the person making an
allegation of sexual abuse that if the person consents to
making an unrestricted report that the person is thereby
consenting to the commander notifying an appropriate civilian
law enforcement authority so that such an authority may
initiate an investigation or collect evidence. The commander’s
written notification under subparagraph (1) shall also inform
the person making the allegation that if the person consents
to making an unrestricted report that the person is not
required to speak with civilian law enforcement investigators
or otherwise participate in an investigation by a civilian law
enforcement authority.
3. Members of the state military forces who are victims of
offenses described in subsection 1 retain the right to notify
local civilian law enforcement authorities independently.
Sec. 5. NEW SECTION . 29B.116B Adjutant general report.
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 described in section 29B.116A,
subsection 1, which have reported to civilian law enforcement
authorities in the prior year, if such offenses were committed
by a member of the state military forces against another
member of the state military forces while both are subject to
this code. The report shall provide such numbers by type of
offense.
Sec. 6. 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

Senate File 2321, p. 4
29B.116A. However, for those offenses subject to both civilian
and military jurisdiction, civilian jurisdiction shall not be
declined solely on that basis.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2321, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor