California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 352 — The military: sexual harassment.

Last action — Chaptered by Secretary of State. Chapter 183, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2021. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 183, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 73. Noes 0. Page 2523.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR.

  9. Coauthors revised.

  10. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (July 6). Re-referred to Com. on JUD.

  11. Coauthors revised.

  12. Referred to Coms. on M. & V.A. and JUD.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 38. Noes 0. Page 887.) Ordered to the Assembly.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  17. Set for hearing April 19.

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 686.) (April 6).

  20. Set for hearing April 6.

  21. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 534.) (March 17). Re-referred to Com. on JUD.

  22. Set for hearing March 17.

  23. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  24. (Ayes 32. Noes 4.)

  25. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  26. Referred to Coms. on M. & V.A. and JUD.

  27. From printer. May be acted upon on or after March 12.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 1 voted No

Sponsors (1)

  • Eggman

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Republican 1100
Unaffiliated 1000
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Padilla, Stephen C. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

SB 352 Eggman Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 24002
Unaffiliated 41003
Republican 8001
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Kiley — Not Voting
Low — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 3000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Voepel — Yea
Mullin — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 2000
Republican 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Chiu — Yea
Kiley — Yea
Maienschein — Yea
Chau — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 5000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Frazier — Yea
Daly — Yea
Smith — Yea
Voepel — Yea
Mathis — Yea
Salas — Yea
Boerner, Tasha Democratic Yea
Irwin, Jacqui Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Ramos, James C. Democratic Yea

Official roll call →

Consent Calendar SB352

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 11002
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Pan — Yea
Wilk — Yea
Portantino — Yea
Gonzalez — Yea
Rubio — Yea
Wieckowski — Yea
Min — Yea
Eggman — Yea
Borgeas — Yea
Dodd — Yea
Nielsen — Yea
Glazer — Yea
Atkins — Yea
Bradford — Yea
Melendez — Yea
Kamlager — Yea
Roth — Yea
Leyva — Yea
Hertzberg — Yea
Bates — Yea
Newman — Yea
Skinner — Yea
Hueso — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 4000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Borgeas — Yea
Gonzalez — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights veterans
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 352 do?
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.
Who sponsors SB 352?
SB 352 is sponsored by Newman, Skinner, Boerner, Tasha (Democratic), Eggman, and Cristina Garcia.
What is the current status of SB 352?
This bill has been enacted into law. Introduced February 09, 2021. Enacted.
Where can I track SB 352?
Track SB 352 free on One Click Politics — get push/email alerts when it moves.

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