Bill Text: IA SF2321 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Senate
File
2321
-
Introduced
SENATE
FILE
2321
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
SF
2111)
A
BILL
FOR
An
Act
relating
to
the
state
military
forces
by
establishing
1
response
and
reporting
requirements
for
certain
crimes
and
2
for
the
handling
of
allegations
of
sexual
abuse
in
the
state
3
military
forces.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
29B.90A
Interference.
1
Any
person
subject
to
this
code
shall
be
punished
as
2
a
court-martial
may
direct
if
the
person
does
any
of
the
3
following:
4
1.
Interferes
with
or
reprises
against
any
member
of
the
5
state
military
forces
who
intends
to
make
or
who
has
made
a
6
report
to
civilian
law
enforcement
of
a
crime
listed
in
section
7
29B.116A,
subsection
1
or
2,
where
the
accused
and
the
victim
8
are
subject
to
this
code
at
the
time
of
the
offense.
9
2.
Fails
to
cooperate
with
or
obstructs
a
civilian
criminal
10
investigation
based
upon
a
report
described
in
subsection
1.
11
Sec.
2.
Section
29B.116,
Code
2014,
is
amended
to
read
as
12
follows:
13
29B.116
General
article.
14
Though
Subject
to
section
29B.116A,
though
not
specifically
15
mentioned
in
this
code,
all
disorders
and
neglects
to
the
16
prejudice
of
good
order
and
discipline
in
the
state
military
17
forces,
of
which
persons
subject
to
this
code
may
be
guilty,
18
shall
be
taken
cognizance
of
by
a
general,
special,
or
summary
19
court-martial,
according
to
the
nature
and
degree
of
the
20
offense,
and
shall
be
punished
at
the
discretion
of
that
court.
21
However,
cognizance
shall
not
be
taken
of,
and
jurisdiction
22
shall
not
be
extended
to,
the
crimes
of
murder,
manslaughter,
23
sexual
abuse,
robbery,
maiming,
arson,
extortion,
assault,
24
burglary,
or
housebreaking,
jurisdiction
of
which
is
reserved
25
to
civil
courts.
26
Sec.
3.
NEW
SECTION
.
29B.116A
Jurisdiction
of
offenses
by
27
civilian
courts
and
duty
to
report.
28
1.
a.
Jurisdiction
under
this
code
shall
not
be
extended
29
to
the
crimes
of
murder,
manslaughter,
sexual
abuse,
robbery,
30
arson,
extortion,
assault,
or
burglary,
jurisdiction
of
which
31
is
reserved
exclusively
to
civilian
courts.
32
b.
Courts-martial
have
primary
jurisdiction
of
military
33
offenses
as
defined
in
sections
29B.77
through
29B.116
of
this
34
code.
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c.
Civilian
criminal
courts
have
primary
jurisdiction
over
1
civilian
criminal
offenses,
even
where
committed
by
a
member
of
2
the
state
military
forces
while
subject
to
this
code.
3
d.
Where
a
civilian
offense
and
a
military
offense
may
4
be
charged
based
on
the
same
event,
concurrent
military
and
5
civilian
jurisdiction
shall
exist.
6
2.
a.
(1)
Any
unit
or
organization
commander,
or
if
a
7
commander
is
not
on
site
an
officer
in
charge,
who
is
made
8
aware
of
an
allegation
that
an
offense
under
subsection
1,
9
paragraph
“a”
or
“c”
has
been
committed
by
a
member
of
the
state
10
military
forces
against
another
member
of
the
state
military
11
forces,
while
both
are
subject
to
this
code,
shall
notify
12
civilian
law
enforcement
authorities
without
delay.
13
(2)
In
the
case
of
an
allegation
of
sexual
abuse:
14
(a)
The
commander’s
or
officer’s
obligation
to
notify
shall
15
apply
to
an
allegation
that
is
an
unrestricted
report
as
that
16
term
is
defined
in
federal
military
regulations
and
where
the
17
person
making
the
allegation
consents
to
the
notification
to
18
civilian
law
enforcement.
19
(b)
The
commander’s
or
officer’s
obligation
to
notify
shall
20
apply
to
an
allegation
that
is
a
restricted
report
as
that
term
21
is
defined
in
federal
military
regulations
and
where
the
person
22
making
the
allegation
consents
to
the
notification
to
local
23
civilian
law
enforcement.
24
(c)
Victims
of
sexual
abuse
who
have
filed
restricted
25
reports
under
federal
military
regulations
retain
the
right
to
26
notify
civilian
law
enforcement
authorities
independently.
27
(d)
A
commander
or
officer
shall
not
interfere
with
the
28
decision
of
a
person
making
an
allegation
of
sexual
abuse
on
29
whether
to
notify
civilian
law
enforcement.
30
b.
Any
unit
or
organization
commander
who
is
made
aware
of
31
an
allegation
that
an
offense
under
subsection
1,
paragraph
“d”
,
32
has
been
committed
by
a
member
of
the
state
military
forces
33
against
another
member
of
the
state
military
forces,
while
both
34
are
subject
to
this
code,
may
notify
civilian
law
enforcement
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authorities
without
delay
if
the
state
military
forces
do
not
1
intend
to
exercise
jurisdiction.
2
3.
The
adjutant
general
shall
report
annually,
by
January
3
15,
to
the
governor
and
to
the
chairpersons
and
ranking
members
4
of
the
general
assembly’s
standing
committees
on
veterans
5
affairs
on
the
number
of
offenses
reported
to
civilian
law
6
enforcement
authorities
in
the
prior
year
by
type
of
offense.
7
The
report
shall
detail
the
number
of
filed
restricted
8
reports
and
detail
the
number
of
filed
unrestricted
reports
as
9
described
in
subsection
2,
paragraph
“a”
.
10
Sec.
4.
Section
803.1,
subsection
1,
Code
2014,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
f.
The
offense
is
committed
by
a
member
of
13
the
state
military
forces
against
another
member
of
the
state
14
military
forces,
both
are
in
a
duty
status
at
the
time
of
the
15
offense,
whether
inside
or
outside
the
state,
and
the
offense
16
is
one
for
which
civil
courts
have
jurisdiction
under
section
17
29B.116A.
However,
for
those
offenses
subject
to
both
civilian
18
and
military
jurisdiction,
civilian
jurisdiction
shall
not
19
be
declined
solely
on
the
basis
that
concurrent
military
and
20
civilian
jurisdiction
exists.
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
establishes
certain
response
and
reporting
25
requirements
for
certain
crimes
and
for
the
handling
of
26
allegations
of
sexual
abuse
in
the
state
military
forces.
27
The
bill
creates
an
offense
of
interference
under
the
Iowa
28
code
of
military
justice
and
provides
that
military
persons
29
who
commit
such
offenses
shall
be
punished
as
directed
by
30
a
court-martial.
The
bill
provides
that
a
military
person
31
commits
such
an
offense
if
the
person
interferes
with
or
32
reprises
against
any
member
of
the
state
military
forces
who
33
intends
to
make
or
who
has
made
a
report
to
civilian
law
34
enforcement
of
certain
crimes,
where
the
accused
and
the
victim
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are
subject
to
the
Iowa
code
of
military
justice
at
the
time
1
of
the
offense.
The
bill
provides
that
a
military
person
also
2
commits
such
an
offense
if
the
person
fails
to
cooperate
with
3
or
obstructs
a
civilian
criminal
investigation
based
upon
such
4
a
report.
5
The
bill
moves
Code
language
that
reserves
civilian
6
jurisdiction
over
the
crimes
of
murder,
manslaughter,
sexual
7
abuse,
robbery,
arson,
extortion,
assault,
and
burglary
8
from
current
Code
section
29B.116
to
new
Code
section
9
29B.116A.
However,
the
bill
removes
the
crimes
of
maiming
and
10
housebreaking
from
the
list
of
crimes
reserved
for
civilian
11
jurisdiction,
as
no
such-named
crimes
exists
under
the
Iowa
12
Code.
13
The
bill
provides
that
courts-martial
shall
have
primary
14
jurisdiction
of
military
offenses
as
defined
in
Code
sections
15
29B.77
through
29B.116.
The
bill
further
provides
that
16
civilian
criminal
courts
have
primary
jurisdiction
over
17
civilian
criminal
offenses,
even
where
committed
by
a
member
18
of
the
state
military
forces
while
subject
to
the
Iowa
code
19
of
military
justice.
The
bill
also
establishes
that
where
a
20
civilian
offense
and
a
military
offense
may
be
charged
based
on
21
the
same
event,
concurrent
military
and
civilian
jurisdiction
22
shall
exist.
23
The
bill
requires
that
any
unit
or
organization
commander,
24
who
is
made
aware
of
an
allegation
that
an
offense
under
25
civilian
jurisdiction
has
been
committed
under
certain
26
circumstances,
shall
notify
civilian
law
enforcement
27
authorities
without
delay.
The
bill
requires
that
an
officer
28
in
charge
provide
such
notification
if
a
commander
is
not
on
29
site.
30
The
bill
requires
that
in
the
case
of
an
allegation
of
sexual
31
abuse
that
the
commander’s
or
officer’s
obligation
to
notify
32
shall
apply
to
an
allegation
that
is
an
unrestricted
report
or
33
a
restricted
report
and
where
the
person
making
the
allegation
34
consents
to
the
notification
of
civilian
law
enforcement.
The
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2321
bill
provides
that
victims
of
sexual
abuse
who
have
filed
1
restricted
reports
under
federal
military
regulations
retain
2
the
right
to
notify
civilian
law
enforcement
authorities
3
independently
and
that
a
commander
or
officer
shall
not
4
interfere
with
the
decision
of
a
person
making
an
allegation
of
5
sexual
abuse
on
whether
to
notify
civilian
law
enforcement.
6
The
bill
also
provides
that
any
unit
or
organization
7
commander
who
is
made
aware
of
an
allegation
that
an
offense
8
has
been
committed
under
military
and
civilian
jurisdiction
9
may
notify
civilian
law
enforcement
authorities
without
10
delay
if
the
state
military
forces
do
not
intend
to
exercise
11
jurisdiction.
12
The
bill
requires
that
the
adjutant
general
report
annually,
13
by
January
15,
to
the
governor
and
to
the
chairpersons
and
14
ranking
members
of
the
general
assembly’s
standing
committees
15
on
veterans
affairs,
on
the
number
of
offenses
reported
to
16
civilian
law
enforcement
authorities
in
the
prior
year
by
type
17
of
offense.
The
bill
further
requires
that
the
report
detail
18
the
number
of
filed
restricted
reports
and
detail
the
number
19
of
filed
unrestricted
reports.
20
The
bill
also
extends
state
criminal
jurisdiction
to
21
offenses
committed
within
or
outside
of
Iowa
if
the
offense
22
is
committed
by
a
member
of
the
state
military
forces
against
23
another
member
of
the
state
military
forces,
if
both
are
in
24
a
duty
status
at
the
time
of
the
offense,
and
if
the
offense
25
is
one
for
which
civilian
courts
have
jurisdiction
under
new
26
Code
section
29B.116A.
The
bill
also
provides
that
for
those
27
offenses
subject
to
both
civilian
and
military
jurisdiction,
28
civilian
jurisdiction
shall
not
be
declined
solely
on
the
basis
29
of
concurrent
military
and
civilian
jurisdiction.
30
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