Iowa-2013-SF2321-Introduced

S.F. 2321 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. 35 -1- LSB 5688SV (3) 85 aw/rj 1/ 5

S.F. 2321 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 35 -2- LSB 5688SV (3) 85 aw/rj 2/ 5

S.F. 2321 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 35 -3- LSB 5688SV (3) 85 aw/rj 3/ 5

S.F. 2321 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 35 -4- LSB 5688SV (3) 85 aw/rj 4/ 5

S.F. 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 -5- LSB 5688SV (3) 85 aw/rj 5/ 5