Bill Text: IA SF2321 | 2013-2014 | 85th General Assembly | Amended
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.
Sponsorship: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 720. [SF2321 Detail]
Download: Iowa-2013-SF2321-Amended.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.
Sponsorship: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. S.J. 720. [SF2321 Detail]
Download: Iowa-2013-SF2321-Amended.html
Senate
File
2321
-
Reprinted
SENATE
FILE
2321
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
SF
2111)
(As
Amended
and
Passed
by
the
Senate
March
10,
2014
)
A
BILL
FOR
An
Act
relating
to
jurisdiction
over
certain
offenses
committed
1
by
members
of
the
state
military
forces,
and
establishing
2
certain
notification
and
reporting
requirements.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2321
Section
1.
Section
29B.16,
Code
2014,
is
amended
to
read
as
1
follows:
2
29B.16
Jurisdiction
of
courts-martial
in
general.
3
1.
Each
force
of
the
state
military
forces
has
court-martial
4
jurisdiction
over
all
persons
subject
to
this
code.
5
2.
Courts-martial
have
primary
jurisdiction
of
military
6
offenses
as
defined
in
sections
29B.77
through
29B.116
of
this
7
code.
8
Sec.
2.
NEW
SECTION
.
29B.90A
Interference
with
report
of
a
9
crime
to
civilian
law
enforcement.
10
Any
person
subject
to
this
code
shall
be
punished
as
11
a
court-martial
may
direct
if
the
person
does
any
of
the
12
following:
13
1.
Interferes
with
or
reprises
against
any
member
of
the
14
state
military
forces
who
has
indicated
the
intent
to
make
or
15
who
has
made
a
report
to
civilian
law
enforcement
of
a
crime
16
listed
in
section
29B.116A,
subsection
1,
where
the
accused
and
17
the
victim
are
subject
to
this
code
at
the
time
of
the
offense.
18
2.
Fails
to
cooperate
with
or
obstructs
a
civilian
law
19
enforcement
investigation
based
upon
a
report
in
subsection
1.
20
Sec.
3.
Section
29B.116,
Code
2014,
is
amended
to
read
as
21
follows:
22
29B.116
General
article.
23
Though
Subject
to
section
29B.116A,
though
not
specifically
24
mentioned
in
this
code,
all
disorders
and
neglects
to
the
25
prejudice
of
good
order
and
discipline
in
the
state
military
26
forces
and
all
conduct
of
a
nature
to
bring
discredit
upon
27
the
state
military
forces
,
of
which
persons
subject
to
this
28
code
may
be
guilty,
shall
be
taken
cognizance
of
by
a
general,
29
special,
or
summary
court-martial,
according
to
the
nature
and
30
degree
of
the
offense,
and
shall
be
punished
at
the
discretion
31
of
that
court.
However,
cognizance
shall
not
be
taken
of,
and
32
jurisdiction
shall
not
be
extended
to,
the
crimes
of
murder,
33
manslaughter,
sexual
abuse,
robbery,
maiming,
arson,
extortion,
34
assault,
burglary,
or
housebreaking,
jurisdiction
of
which
is
35
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reserved
to
civil
courts.
1
Sec.
4.
NEW
SECTION
.
29B.116A
Jurisdiction
of
offenses
by
2
civilian
courts
and
notification
of
civilian
authorities.
3
1.
a.
Jurisdiction
under
this
code
shall
not
be
extended
4
to
the
crimes
of
murder,
manslaughter,
sexual
abuse,
robbery,
5
arson,
extortion,
assault,
or
burglary,
jurisdiction
of
which
6
is
reserved
exclusively
to
civilian
courts.
7
b.
The
term
“civilian
criminal
offenses”
includes
all
8
offenses
not
defined
in
this
code.
Primary
jurisdiction
over
9
civilian
criminal
offenses
shall
be
with
civilian
courts,
even
10
when
committed
by
a
member
of
the
state
military
forces
while
11
subject
to
this
code.
12
c.
Where
a
civilian
criminal
offense
and
a
military
offense
13
defined
in
this
code
may
be
charged
based
on
the
same
event,
14
concurrent
civilian
and
military
jurisdiction
shall
exist.
15
2.
a.
A
commander,
who
is
made
aware
of
an
allegation
16
that
an
offense
under
subsection
1,
paragraph
“a”
or
“b”
,
17
has
been
committed
by
a
member
of
the
state
military
forces
18
against
another
member
of
the
state
military
forces
while
both
19
are
subject
to
this
code,
shall
notify
local
civilian
law
20
enforcement
authorities
without
delay.
21
b.
(1)
Regarding
an
allegation
of
sexual
abuse,
the
22
commander
shall
provide
the
person
making
the
allegation
with
23
written
notice
of
the
person’s
right
to
notify
local
civilian
24
law
enforcement
authorities
independently,
as
described
25
in
subsection
3.
The
written
notice
shall
include
contact
26
information
for
an
appropriate
civilian
law
enforcement
27
authority.
28
(2)
Regarding
an
allegation
of
sexual
abuse,
the
29
commander’s
obligation
to
notify
under
paragraph
“a”
shall
30
not
apply
to
an
allegation
that
is
a
restricted
report,
31
as
that
term
is
defined
in
federal
military
regulations.
32
The
commander’s
obligation
to
notify
under
paragraph
“a”
33
shall
apply
to
an
allegation
of
sexual
abuse
that
is
an
34
unrestricted
report,
as
that
term
is
defined
in
federal
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military
regulations.
The
commander’s
written
notification
1
under
subparagraph
(1)
shall
inform
the
person
making
an
2
allegation
of
sexual
abuse
that
if
the
person
consents
to
3
making
an
unrestricted
report
that
the
person
is
thereby
4
consenting
to
the
commander
notifying
an
appropriate
civilian
5
law
enforcement
authority
so
that
such
an
authority
may
6
initiate
an
investigation
or
collect
evidence.
The
commander’s
7
written
notification
under
subparagraph
(1)
shall
also
inform
8
the
person
making
the
allegation
that
if
the
person
consents
9
to
making
an
unrestricted
report
that
the
person
is
not
10
required
to
speak
with
civilian
law
enforcement
investigators
11
or
otherwise
participate
in
an
investigation
by
a
civilian
law
12
enforcement
authority.
13
3.
Members
of
the
state
military
forces
who
are
victims
of
14
offenses
described
in
subsection
1
retain
the
right
to
notify
15
local
civilian
law
enforcement
authorities
independently.
16
Sec.
5.
NEW
SECTION
.
29B.116B
Adjutant
general
report.
17
The
adjutant
general
shall
report
annually,
by
January
15,
18
to
the
governor
and
to
the
chairpersons
and
ranking
members
of
19
the
general
assembly’s
standing
committees
on
veterans
affairs
20
on
the
number
of
offenses
described
in
section
29B.116A,
21
subsection
1,
which
have
reported
to
civilian
law
enforcement
22
authorities
in
the
prior
year,
if
such
offenses
were
committed
23
by
a
member
of
the
state
military
forces
against
another
24
member
of
the
state
military
forces
while
both
are
subject
to
25
this
code.
The
report
shall
provide
such
numbers
by
type
of
26
offense.
27
Sec.
6.
Section
803.1,
subsection
1,
Code
2014,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
f.
The
offense
is
committed
by
a
member
of
30
the
state
military
forces
against
another
member
of
the
state
31
military
forces,
both
are
in
a
duty
status
at
the
time
of
the
32
offense,
whether
inside
or
outside
the
state,
and
the
offense
33
is
one
for
which
civil
courts
have
jurisdiction
under
section
34
29B.116A.
However,
for
those
offenses
subject
to
both
civilian
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