Bill Text: CA SB1422 | 2013-2014 | Regular Session | Chaptered
Bill Title: Military courts: sexual assault: courts-martial.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-08-21 - Chaptered by Secretary of State. Chapter 228, Statutes of 2014. [SB1422 Detail]
Download: California-2013-SB1422-Chaptered.html
BILL NUMBER: SB 1422 CHAPTERED
BILL TEXT
CHAPTER 228
FILED WITH SECRETARY OF STATE AUGUST 21, 2014
APPROVED BY GOVERNOR AUGUST 21, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JUNE 10, 2014
AMENDED IN SENATE APRIL 30, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE APRIL 7, 2014
INTRODUCED BY Senator Padilla
(Coauthors: Senators Correa, Hueso, and Lieu)
FEBRUARY 21, 2014
An act to add Sections 58 and 470.5 to the Military and Veterans
Code, relating to military courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1422, Padilla. Military courts: sexual assault: courts-martial.
Existing law provides that the military courts of this state are
general courts-martial, special courts-martial, summary
courts-martial, and courts of inquiry. Existing law provides that
general, special, and summary courts-martial have the power to try
and adjudge specified members of the active militia. Existing law
establishes various sexual assault offenses, including the offenses
of rape, unlawful sexual intercourse, and abduction.
Existing law establishes the Military Department, which includes
the office of the Adjutant General, the California National Guard,
the State Military Reserve, the California Cadet Corps, and the Naval
Militia. Federal laws and regulations governing the United States
Army, Navy, Air Force, and National Guard and not in conflict with
state law are adopted with respect to the state military forces.
This bill would require the department, on or before July 1 of
each year, to report prescribed information to the Governor, the
Legislature, the Senate Committee on Veterans Affairs, the Assembly
Committee on Veterans Affairs, the Attorney General, and the United
States Attorneys in California regarding the federal government's
activities relating to sexual assault prevention and response.
The bill would restrict the authority of the department or the
California National Guard to assert jurisdiction over qualifying
sexual assault offenses, as defined, by a member of the active
militia when subject to the Uniform Code of Military Justice, to
occasions when a civilian prosecutorial authority refuses to
prosecute on behalf of the state. The bill would require a member of
the active militia recommended for court-martial pursuant to a
specified hearing for a qualifying sexual assault offense, or an
attempt of that offense, to be tried by general court-martial.
The bill would prohibit a convening authority from overturning a
conviction for a qualifying sexual assault offense issued by a
general court-martial. The bill would require the convening authority
to dispose of cases on appeal in accordance with the decision of the
Courts-Martial Appellate Panel. Under the bill, no statute of
limitations would apply for a member of the active militia to be
charged with a qualifying sexual assault offense when subject to the
jurisdiction of the military court, and the bill would require the
punishment for a conviction of any of the specified offenses to be
issued as directed by the general court-martial, and to include, at a
minimum, dismissal or dishonorable discharge.
The bill would define the term "sexual assault crime" to include
specified offenses under existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 58 is added to the Military and Veterans Code,
to read:
58. Notwithstanding Sections 9795 and 10231.5 of the Government
Code, on or before July 1 of each year, the department shall report
the following information to the Governor, the Legislature, the
Senate Committee on Veterans Affairs, and the Assembly Committee on
Veterans Affairs, the Attorney General, and the United States
Attorney for each district in California:
(a) For the previous federal fiscal year:
(1) The policies, procedures, and processes in place or
implemented by the Sexual Assault Prevention and Response (SAPR)
Program during that federal fiscal year in response to incidents of
sexual assault.
(2) An assessment of the implementation of the policies and
procedures on the prevention, response, and oversight of sexual
assaults in the military to determine the effectiveness of SAPR
policies and programs, including an assessment of how service efforts
executed federal Department of Defense SAPR priorities.
(3) Matrices for restricted and unrestricted reports of the number
of sexual assaults involving service members, that includes case
synopses, and disciplinary actions taken in substantiated cases and
relevant information. Reporting on restricted cases shall be limited
to aggregated statistical data so that the privacy of victims is
protected. Reporting on unrestricted cases shall be limited to
aggregated statistical data, but shall include, at a minimum, the
following subcategories:
(A) Types of crimes.
(B) Types of victims.
(C) Status of investigations.
(D) Status of prosecutions.
(E) Status of department administrative actions.
(4) Analyses of the matrices of the number of sexual assaults
involving service members. The analyses shall include analysis of
data and trends in comparison to state data from previous years and,
to the degree possible, comparisons of state data and trends and data
and trends from other branches and components of the United States
Armed Forces, including both active and reserve components, including
the National Guard of other states and territories.
(b) For the current federal fiscal year, any plans for the
prevention of and response to sexual assault, specifically in the
areas of advocacy, healthcare provider and medical response, mental
health, counseling, investigative services, legal services, and
chaplain response.
SEC. 2. Section 470.5 is added to the Military and Veterans Code,
to read:
470.5. (a) A member of the active militia who, when subject to
the Uniform Code of Military Justice (UCMJ) as incorporated by this
code, violates a provision of the Penal Code for a sexual assault
crime as defined in subdivision (c), or an attempt of that offense,
shall be subject to prosecution by the office of the district
attorney or other equivalent civilian prosecutorial authority with
appropriate jurisdiction. The Military Department or California
National Guard may claim jurisdiction only under the UCMJ as
incorporated by this code, if the district attorney, or other
equivalent civilian prosecutorial authority, refuses to pursue a
criminal prosecution of that member.
(b) (1) Subject to subdivision (a), a member of the active militia
recommended for court-martial pursuant to an Article 32 hearing (10
U.S.C. Sec. 832), as authorized by the UCMJ as incorporated by this
code, for a qualifying sexual assault offense, as defined in
subdivision (d), shall be tried by general court-martial.
(2) Notwithstanding any other provision of the UCMJ as
incorporated by this code, a convening authority in the California
National Guard or in the Military Department, as authorized by the
UCMJ as incorporated by this code, shall not overturn a conviction
for a qualifying sexual assault offense issued by a general
court-martial. On appeal, the convening authority shall dispose of
the case in accordance with the decision of the Courts-Martial
Appellate Panel, as authorized by this code.
(3) A member of the active militia who is found guilty of a
qualifying sexual assault offense, or an attempt of that offense
shall be punished as the general court-martial may direct, subject to
Section 456, and that punishment shall include, at a minimum,
dismissal or dishonorable discharge.
(4) There is no statute of limitations for a member of the active
militia to be charged with a qualifying sexual assault offense, when
tried and punished by a general court-martial as provided in this
section.
(c) For purposes of this section, "sexual assault crime" means
conduct constituting any of the crimes defined in the following
provisions of the Penal Code:
(1) Section 243.4 of the Penal Code.
(2) Chapter 1 (commencing with Section 261) of Title 9 of Part 1
of the Penal Code.
(3) Section 286 of the Penal Code.
(4) Subdivision (a) or (b), or paragraph (1) of subdivision (c),
of Section 288 of the Penal Code.
(5) Section 647.6 of the Penal Code.
(d) For purposes of this section, a "qualifying sexual assault
offense" under the Uniform Code of Military Justice is one that
violates any of the following provisions of that code, or an attempt
thereof:
(1) Subdivision (a) or (b) of Article 120 (10 U.S.C. Sec. 920(a)
and (b)).
(2) Article 120b (10 U.S.C. Sec. 920b).
(3) Article 125 (10 U.S.C. Sec. 925).
(e) Sex offender registration requirements for state military
convictions contained in Sections 290 to 290.024, inclusive, of the
Penal Code, are applicable to persons convicted of a qualifying
sexual assault offense, or of the attempt or conspiracy to commit
that offense.
