The military: sexual harassment.

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.