Bill Text: CA SB1422 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1422	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014
	AMENDED IN SENATE  APRIL 7, 2014

INTRODUCED BY   Senator Padilla

                        FEBRUARY 21, 2014

   An act to add  Section 470.1   Sections 58
and 470.5  to the Military and Veterans Code, relating to
military courts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1422, as amended, Padilla. Military courts: sexual assault:
 reporting.  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. 
   This bill would authorize a person subject to the jurisdiction of
a military court of the state to report a sexual assault offense, as
provided.  
   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 March 1 of
each year, to report to the Governor, the Legislature, the Senate
Committee on Veterans Affairs, and the Assembly Committee on Veterans
Affairs certain information regarding the federal government's
sexual assault prevention and response activities for the previous
federal fiscal year, as well as any plans for the prevention of and
response to sexual assault in the current federal fiscal year. 

   This bill would prescribe procedures under which the department or
the California National Guard may assert jurisdiction over cases of
rape, sexual assault, forcible sodomy, or an attempt of those
offenses, by a member of the California National Guard when a
district attorney or other equivalent civilian prosecutorial
authority refuses to prosecute on behalf of the state. The bill would
require a member of the California National Guard recommended for
court-martial pursuant to a specified hearing for any of the
previously described offenses to be tried by general court-martial.
 
   This bill would prohibit a convening authority from overturning a
conviction of rape or sexual assault handed down by a general
court-martial. A statute of limitations would not apply to cases
subject to the jurisdiction of the military court, and the bill also
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. 

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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 March 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:
   (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.
   (4) Analyses of the matrices of the number of sexual assaults
involving service members.
   (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 California National Guard who, while
on state or federal orders, violates a provision of the Penal Code
for rape, sexual assault, forcible sodomy, or an attempt of any of
these offenses, shall be prosecuted by the office of the district
attorney or other equivalent civilian prosecutorial authority with
appropriate jurisdiction. The Military Department or California
National Guard may only claim jurisdiction under the Uniformed Code
of Military Justice, as incorporated by this code, if the district
attorney, or other equivalent civilian prosecutorial authority,
refuses to pursue a criminal prosecution of a member of the
California National Guard.
   (b) (1) Subject to subdivision (b), a member of the California
National Guard recommended for court-martial pursuant to an Article
32 (10 U.S.C. Sec. 832) hearing for rape, sexual assault, forcible
sodomy, or an attempt of any of these offenses shall be tried by
general court-martial.
   (2) Notwithstanding any other provision of the Uniform Code of
Military Justice (UCMJ), a convening authority in the California
National Guard, as authorized by the UCMJ as incorporated by this
code, shall not overturn a sexual assault or rape conviction issued
by a general court-martial.
   (3) A member of the California National Guard who is found guilty
of rape, sexual assault, forcible sodomy, or an attempt of any of
these offenses, shall be punished as the general court-martial may
direct, subject to Section 456, and shall include, at a minimum,
dismissal or dishonorable discharge.
   (4) There is no statute of limitations for a member of the
California National Guard to be charged with rape or sexual assault
when tried and punished by a general court-martial as provided in
this section.  
  SECTION 1.    Section 470.1 is added to the
Military and Veterans Code, to read:
   470.1.  Notwithstanding any other law, a person subject to the
jurisdiction of a military court of the state may report a crime
described in Chapter 1 (commencing with Section 261) of Title 9 of
Part 1 of the Penal Code to the civil authorities.