Susan Eggman
- Democratic
- Senator
- District 5
Author
Existing law makes a member of the active militia who, when subject to the Uniform Code of Military Justice, commits a sexual assault crime, as defined, subject to prosecution by the office of the district attorney or other equivalent civilian prosecutorial authority with appropriate jurisdiction, and authorizes the Military Department or California National Guard to claim jurisdiction only if the district attorney, or other equivalent civilian prosecutorial authority, refuses to pursue a criminal prosecution of that member. Existing law requires a member of the active militia recommended for court-martial, as specified, for a sexual assault offense to be tried by general court-martial. The bill would additionally make a member of the active militia who has been lawfully ordered to any type of state duty and who commits sexual harassment punishable by specified military proceedings or by a court-martial. The bill would also state that these provisions do not preclude any other military or civilian authority from exercising its jurisdiction over any act or omission that violates any local, state, or federal law. Existing law requires the Military Department, on or before July 1 of each year, to report specified 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 Attorney for each district in California, including, among other things, statistical data relating to incidents of sexual assault against service members and plans for the prevention of, and response to, sexual assault involving service members. This bill would require that information to also include statistical data relating to incidents of sexual harassment against service members and plans for the prevention of, and response to, sexual harassment involving service members. The bill would also require the department to make that information available on the department's internet website in the form of aggregated statistical data, as specified. Existing law states that members of the militia in active service shall not be liable civilly or criminally for any act done by them in the performance of their duty. This bill would clarify that this exemption does not apply to any act or acts by members of the militia in the active service of the state done by them outside the performance of their military duty, including, but not limited to, sexual assault or sexual harassment.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 183, Statutes of 2021.
Enrolled and presented to the Governor at 1 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 73. Noes 0. Page 2523.) Ordered to the Senate.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 6). Re-referred to Com. on JUD.
Coauthors revised.
Read third time. Passed. (Ayes 38. Noes 0. Page 887.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
Set for hearing April 19.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 686.) (April 6).
Set for hearing April 6.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 534.) (March 17). Re-referred to Com. on JUD.
Set for hearing March 17.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 12.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB352 | HTML |
| 02/09/21 - Introduced | |
| 04/08/21 - Amended Senate | |
| 08/27/21 - Enrolled | |
| 09/16/21 - Chaptered |
| Document | Format |
|---|---|
| 03/16/21- Senate Committee on Military & Veterans Affairs | |
| 04/02/21- Senate Judiciary | |
| 04/21/21- Sen. Floor Analyses | |
| 07/05/21- Assembly Military and Veterans Affairs | |
| 07/09/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations |
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