Bill Text: IA SF373 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to service in the national guard and reserve components of the armed forces, including applicability of reemployment protections, and military justice jurisdiction and statutes of limitation. (Formerly SSB 1077.) Effective 7-1-17.
Sponsorship: Committee Bill
Status: (Passed) 2017-04-13 - Signed by Governor. S.J. 1021. [SF373 Detail]
Download: Iowa-2017-SF373-Enrolled.html
Senate File 373 - Enrolled
SENATE FILE
BY COMMITTEE ON VETERANS
AFFAIRS
(SUCCESSOR TO SSB
1077)
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A BILL FOR
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Senate File 373
AN ACT
RELATING TO SERVICE IN THE NATIONAL GUARD AND RESERVE
COMPONENTS OF THE ARMED FORCES, INCLUDING APPLICABILITY OF
REEMPLOYMENT PROTECTIONS, AND MILITARY JUSTICE JURISDICTION
AND STATUTES OF LIMITATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 29A.43, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. The protections provided for in this
section shall apply with equal force to members of the national
guard of another state, an organized reserve unit in another
state, or a civil air patrol unit in another state who are
employed in this state.
Sec. 2. Section 29B.1, Code 2017, is amended to read as
follows:
29B.1 Persons subject to code.
1. This chapter applies to all members of the state military
forces performing national guard duty or state active duty,
while not on federal active duty. In addition, this chapter
applies to all members of the state military forces who commit
an offense during travel to or from the member's duty location
or during intervals between consecutive periods of duty on the
same day or on consecutive days in which the victim of the
offense is another member of the state military forces.
2. As used in this chapter, unless the context otherwise
requires, "state military forces" has the same meaning as in
section 29A.6, and "code" means this chapter, which may be cited
as the "Iowa Code of Military Justice".
Sec. 3. Section 29B.2, Code 2017, is amended to read as
follows:
29B.2 Jurisdiction to try personnel.
1. Each person discharged from the state military forces
who is later charged with having fraudulently obtained a
discharge is, subject to section 29B.44, subject to trial by
court=martial on that charge and is after apprehension subject
to this code while in the custody of the military for that
trial. Upon conviction of that charge the person is subject
to trial by court=martial for all offenses under this code
committed before the fraudulent discharge.
2. No person who has deserted from the state military
forces may be relieved from amenability to the jurisdiction of
this code by virtue of a separation from any later period of
service.
3. A member of the state military forces person who
is charged with having committed an offense against this
code may be called or ordered to duty for the purpose of
investigation under section 29B.33, trial by court=martial, and
or nonjudicial punishment under section 29B.14. A member shall
be called or ordered to duty within one hundred eighty days of
the discovery of the charged offense, and in no event shall a
member be called or ordered to duty after the expiration of
three years from the termination of a period of duty.
4. A member of the state military forces who is subject
to this code at the time of commission of an offense made
punishable by this code is not relieved from amenability to
the jurisdiction of this code by virtue of the termination of
a period of duty.
Sec. 4. Section 29B.44, Code 2017, is amended to read as
follows:
29B.44 Statute of limitations.
1. A person charged with desertion or absence without leave
in time of war, or with aiding the enemy or with mutiny, may be
tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person
charged with desertion in time of peace or with the any other
offense punishable under section 29B.112 under this code is
not liable to be tried by court=martial if the offense was
committed more than three five years before the receipt of
sworn charges and specifications by an officer exercising
summary court=martial jurisdiction over the command.
3. Except as otherwise provided in this section, a person
charged with any offense under this code is not liable to be
tried by court=martial or punished under section 29B.14 if the
offense was committed more than two years before the receipt
of sworn charges and specifications by an officer exercising
summary court=martial jurisdiction over the command or before
the imposition of punishment under section 29B.14.
4. Periods in which the accused was absent from territory
in which the state has the authority to apprehend the accused,
or in the custody of civil authorities, or in the hands of the
enemy, shall be excluded in computing the period of limitation
prescribed in this section.
5. If charges or specifications are dismissed as defective
or insufficient for any cause and the period prescribed by the
applicable statute of limitations has expired or will expire
within one hundred eighty days after the date the charges
or specifications are dismissed, trial by court=martial or
punishment under section 29B.14 is not barred by the statute of
limitations if the following conditions are met:
a. The charges and specifications are received by an officer
exercising summary court=martial jurisdiction or having the
authority to conduct punishment under section 29B.14 within one
hundred eighty days after the charges or specifications are
dismissed.
b. The charges and specifications allege some or all of
the same acts or omissions that were alleged in the dismissed
charges or specifications.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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