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.