California 2019-2020 Regular Session

California Senate Bill SB1274

Introduced
2/21/20  
Introduced
2/21/20  
Refer
3/5/20  

Caption

Military: liability.

Impact

If enacted, SB 1274 would reinforce accountability by clarifying that militia members are not shielded from liability in cases of egregious behavior. By disallowing the defense of performing their duty in cases of sexual misconduct and criminal activities, the bill seeks to amend how accountability is perceived within military ranks. This change is critically aimed at protecting victims and encouraging reporting of such offenses without fear of reprisal or being dismissed under the previous legal framework.

Summary

Senate Bill 1274 aims to amend Section 392 of the Military and Veterans Code of California, which pertains to the liability of militia members in active service. The existing law exonerates these members from civil or criminal liability for acts performed in the line of duty. This bill introduces a significant modification by explicitly stating that certain serious offenses, including sexual harassment, sexual assault, and reprisals against whistleblowers, will not be considered actions taken in the scope of their official duties.

Contention

The bill has potential points of contention centered around military culture and the implications of redefining the boundaries of duty-related immunity. Some may argue that it could undermine the morale and operational integrity of military members, while supporters commend it as a necessary step toward ensuring justice and equality. The discussions around this legislation also highlight a broader trend of revised accountability standards for military personnel, reflecting growing societal awareness regarding issues of misconduct and the treatment of victims.

Companion Bills

No companion bills found.

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