SF 2321 – Response and reporting requirements for sexual abuse allegations
FLOOR ACTION:
SF 2321 relates to jurisdiction over certain offenses committed by members of the state military forces, and establishes notification and reporting requirements. It creates an offense of interference under the Iowa Code of Military Justice and provides that military personnel who commit such offenses will be punished as directed by a court martial. The bill provides that a military person commits such an offense if the person interferes with or take reprisals against any member of the state military forces who intends to make or who has made a report to civilian law enforcement of certain crimes, where the accused and the victim are subject to the Code at the time of the offense. The bill provides that a military person also commits such an offense if the person fails to cooperate with or obstructs a civilian criminal investigation based upon such a report. The bill moves Code language that reserves civilian jurisdiction over the crimes of murder, manslaughter, sexual abuse, robbery, arson, extortion, assault or burglary to a new Code section.
A commander who is made aware of an allegation that an offense has been committed by a member the state military forces against another member of the state military forces while both are subject to this Code must notify local civilian law enforcement authorities without delay. The commander must provide the person making the allegation with written notice of the person’s right to notify local civilian law enforcement authorities independently. The written notice must include contact information for an appropriate civilian law enforcement authority. The commander’s obligation to notify does not apply to an allegation that is a restricted report, as defined in federal military regulations. The commander’s obligation to notify does apply to an allegation of sexual abuse that is an unrestricted report.
The commander’s written notification must inform the person making an allegation of sexual abuse that if the person consents to making an unrestricted report that the person is also consenting to the commander notifying an appropriate civilian law enforcement authority so that it may initiate an investigation or collect evidence. The commander’s written notification must also inform the person making the allegation that if the person consents to making an unrestricted report that the person is not required to speak with civilian law enforcement investigators or otherwise participate in an investigation by a civilian law enforcement authority. Members of the state military forces who are victims of offenses retain the right to notify local civilian law enforcement authorities independently. For those offenses subject to both civilian and military jurisdiction, civilian jurisdiction will not be declined solely on that basis.
The Adjutant General must report annually to the Governor, as well as chairpersons and ranking members of the Senate and House Veterans Affairs committees on the number of such offenses by categories reported to civilian law enforcement authorities in the prior year. The report of such offenses committed by a member of the state military forces against another member of the state military forces while both are subject to the Code is due January 15. [3/10: 47-0 (Ernst, Greiner, Houser absent)]