Section 470.5 Of Chapter 9. Military Courts From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 9.
470.5
. (a) A member of the active militia who, when subject to the
Uniform Code of Military Justice (UCMJ) as incorporated by this code,
violates a provision of the Penal Code for a sexual assault crime as
defined in subdivision (c), or an attempt of that offense, shall be
subject to prosecution by the office of the district attorney or
other equivalent civilian prosecutorial authority with appropriate
jurisdiction. The Military Department or California National Guard
may claim jurisdiction only under the UCMJ as incorporated by this
code, if the district attorney, or other equivalent civilian
prosecutorial authority, refuses to pursue a criminal prosecution of
that member.
(b) (1) Subject to subdivision (a), a member of the active militia
recommended for court-martial pursuant to an Article 32 hearing (10
U.S.C. Sec. 832), as authorized by the UCMJ as incorporated by this
code, for a qualifying sexual assault offense, as defined in
subdivision (d), shall be tried by general court-martial.
(2) Notwithstanding any other provision of the UCMJ as
incorporated by this code, a convening authority in the California
National Guard or in the Military Department, as authorized by the
UCMJ as incorporated by this code, shall not overturn a conviction
for a qualifying sexual assault offense issued by a general
court-martial. On appeal, the convening authority shall dispose of
the case in accordance with the decision of the Courts-Martial
Appellate Panel, as authorized by this code.
(3) A member of the active militia who is found guilty of a
qualifying sexual assault offense, or an attempt of that offense
shall be punished as the general court-martial may direct, subject to
Section 456, and that punishment shall include, at a minimum,
dismissal or dishonorable discharge.
(4) There is no statute of limitations for a member of the active
militia to be charged with a qualifying sexual assault offense, when
tried and punished by a general court-martial as provided in this
section.
(c) For purposes of this section, "sexual assault crime" means
conduct constituting any of the crimes defined in the following
provisions of the Penal Code:
(1) Section 243.4 of the Penal Code.
(2) Chapter 1 (commencing with Section 261) of Title 9 of Part 1
of the Penal Code.
(3) Section 286 of the Penal Code.
(4) Subdivision (a) or (b), or paragraph (1) of subdivision (c),
of Section 288 of the Penal Code.
(5) Section 647.6 of the Penal Code.
(d) For purposes of this section, a "qualifying sexual assault
offense" under the Uniform Code of Military Justice is one that
violates any of the following provisions of that code, or an attempt
thereof:
(1) Subdivision (a) or (b) of Article 120 (10 U.S.C. Sec. 920(a)
and (b)).
(2) Article 120b (10 U.S.C. Sec. 920b).
(3) Article 125 (10 U.S.C. Sec. 925).
(e) Sex offender registration requirements for state military
convictions contained in Sections 290 to 290.024, inclusive, of the
Penal Code, are applicable to persons convicted of a qualifying
sexual assault offense, or of the attempt or conspiracy to commit
that offense.