BILL ANALYSIS Ó SB 1422 Page 1 Date of Hearing: July 2, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 1422 (Padilla) - As Amended: June 10, 2014 Policy Committee: Veterans AffairsVote: 9-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill codifies the California Military Department's (CMD) process for prosecuting sexual assault offenders by stating that an active state militia member who allegedly commits sexual assault is subject to civilian prosecution. The CMD may claim jurisdiction under the Uniform Code of Military Justice (UCMJ) only if the district attorney rejects the case. This bill also requires the CMD to annually report to the governor and the Legislature regarding sexual assault prevention and response, as specified. FISCAL EFFECT 1)Negligible state and/or local costs, as this bill codifies current practice regarding prosecution jurisdiction. 2)Absorbable costs to the CMD for the annual report. The CMD states it already tracks this information and can report to the governor and the Legislature with relative ease. COMMENTS 1)Rationale . The author's intent is to address the issue of sexual assault in the military by explicitly separating the prosecution of sexual assault from the military chain of command to avoid any conflicts of interest. 2)Current CMD practice is to defer to civilian prosecutorial authority. The CMD states it does not have the resources of the federal military to prosecute these cases. SB 1422 Page 2 Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081