BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  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