Subtitle D Military Justice, Including. Violence Prevention and Response

Transcription

1 1 Subtitle D Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response SEC. 1. TECHNICAL REVISIONS AND CLARIFICATIONS OF CERTAIN PROVISIONS IN THE NATIONAL DE- FENSE AUTHORIZATION ACT FOR FISCAL YEAR RELATING TO THE MILITARY JUS- TICE SYSTEM. (a) REVISIONS OF ARTICLE AND ARTICLE 0, UNI- FORM CODE OF MILITARY JUSTICE. (1) EXPLICIT AUTHORITY FOR CONVENING AU- THORITY TO TAKE ACTION ON FINDINGS OF A COURT- MARTIAL WITH RESPECT TO A QUALIFYING OF- FENSE. Paragraph () of subsection (c) of section 0 of title, United States Code (article 0 of the Uniform Code of Military Justice), as amended by section 0(b) of the National Defense Authorization Act of (Public Law 1 ; Stat. ), is amended (A) in subparagraph (A), by inserting and may be taken only with respect to a qualifying offense after is not required ; (B) in subparagraph (B)(i)

2 (i) by striking, other than a charge or specification for a qualifying offense, ; and (ii) by inserting, but may take such action with respect to a qualifying offense after thereto ; and (C) in subparagraph (B)(ii) (i) by striking, other than a charge or specification for a qualifying offense, ; and (ii) by inserting, but may take such action with respect to a qualifying offense before the period. () CLARIFICATION OF APPLICABILITY OF RE- QUIREMENT FOR EXPLANATION IN WRITING FOR MODI- FICATION TO FINDINGS OF A COURT-MARTIAL. Para- graph ()(C) of subsection (c) of section 0 of title, United States Code (article 0 of the Uniform Code of Military Justice), as amended by section 0(b) of the National Defense Authorization Act of (Public Law 1 ; Stat. ), is amended by striking (other than a qualifying offense). () VICTIM SUBMISSION OF MATTERS FOR CON- SIDERATION BY CONVENING AUTHORITY DURING CLEMENCY PHASE OF COURTS-MARTIAL PROCESS.

3 Subsection (d) of section 0 of title, United States Code (article 0 of the Uniform Code of Military Justice), as added by section 0(a) of the National Defense Authorization Act of Fiscal Year (Public Law 1 ; Stat. 0), is amended (A) in paragraph ()(A) (i) in clause (i), by inserting, if applicable after (article (e)) ; and (ii) in clause (ii), by striking if applicable, ; and (B) in paragraph (), by striking loss and inserting harm. () RESTORATION OF WAIVER OF ARTICLE HEARINGS BY THE ACCUSED. (A) IN GENERAL. Section (a)(1) of title, United States Code (article (a)(1) of the Uniform Code of Military Justice), as amended by section 0(a)(1) of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended by inserting, unless such hearing is waived by the accused after preliminary hearing. (B) CONFORMING AMENDMENT. Section (a)() of such title (article (a)() of the Uniform Code of Military Justice), as amended

4 by section 0(c)()(B) of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended by inserting (if there is such a report) after a preliminary hearing under section of this title (article ). () NON-APPLICABILITY OF PROHIBITION ON PRE-TRIAL AGREEMENTS FOR CERTAIN OFFENSES WITH MANDATORY MINIMUM SENTENCES. Section 0(c)()(C)(ii) of title, United States Code (article 0(c)()(C)(ii) of the Uniform Code of Military Justice), as amended by section 0(b) of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended by inserting pursuant to section (b) of this title (article (b)) after applies. (b) DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN ALLEGED SEX-RELATED OFFENSE. (1) REQUESTS TO INTERVIEW VICTIM THROUGH COUNSEL. Subsection (b)(1) of section of title, United States Code (article (b) of the Uniform Code of Military Justice), as amended by section 0 of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended by striking through trial counsel and in-

5 serting through the Special Victims Counsel or other counsel for the victim, if applicable. () CORRECTION OF REFERENCES TO TRIAL COUNSEL. Such section is further amended by striking trial counsel each place it appears and inserting counsel for the Government. () CORRECTION OF REFERENCES TO DEFENSE COUNSEL. Such section is further amended (A) in the heading, by striking DEFENSE COUNSEL and inserting COUNSEL FOR AC- CUSED ; and (B) by striking defense counsel each place it appears and inserting counsel for the accused. (c) SPECIAL VICTIMS COUNSEL FOR VICTIMS OF SEX- RELATED OFFENSES. Section e of title, United States Code, as added by section (a) of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended (1) in subsection (b)(), by striking the Department of Defense and inserting the United States ; () in subsection (d)(), by inserting, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps after employed ; and

6 () in subsection (e)(1), by inserting concerned after jurisdiction of the Secretary. (d) REPEAL OF OFFENSE OF CONSENSUAL SODOMY UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (1) CLARIFICATION OF DEFINITION OF FORCIBLE SODOMY. Section (a) of title, United States Code (article (a) of the Uniform Code of Military Justice), as amended by section 0 of the National Defense Authorization Act of Fiscal Year (Public Law 1 ; Stat. 1), is amended by striking force and inserting unlawful force. () CONFORMING AMENDMENTS. (A) ARTICLE. Section (b)()(b) of such title (article (b)()(b) of the Uniform Code of Military Justice) is amended (i) in clause (iii), by striking Sodomy and inserting Forcible sodomy ; and (ii) in clause (v), by striking sodomy and inserting forcible sodomy. (B) ARTICLE 1. Section () of such title (article 1() of the Uniform Code of Military Justice) is amended by striking sodomy and inserting forcible sodomy. (e) CLARIFICATION OF SCOPE OF PROSPECTIVE MEM- BERS OF THE ARMED FORCES FOR PURPOSES OF INAPPRO-

7 0 PRIATE AND PROHIBITED RELATIONSHIPS. Section 1(e)() of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ; U.S.C. prec. 01 note) is amended by inserting who is pursuing or has recently pursued becoming a member of the Armed Forces and after a person. (f) EXTENSION OF CRIME VICTIMS RIGHTS TO VIC- TIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILI- TARY JUSTICE. (1) CLARIFICATION OF LIMITATION ON DEFINI- TION OF VICTIM TO NATURAL PERSONS. Subsection (b) of section 0b of title, United States Code (article b of the Uniform Code of Military Justice), as added by section 01 of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ), is amended by striking a person and inserting an individual. () CLARIFICATION OF AUTHORITY TO APPOINT INDIVIDUALS TO ASSUME RIGHTS OF CERTAIN VIC- TIMS. Subsection (c) of such section is amended (A) in the heading, by striking LEGAL GUARDIAN and inserting APPOINTMENT OF IN- DIVIDUALS TO ASSUME RIGHTS ;

8 1 (B) by inserting (but who is not a member of the armed forces) after under years of age ; (C) by striking designate a legal guardian from among the representatives and inserting designate a representative ; (D) by striking other suitable person and inserting another suitable individual ; and (E) by striking the person and inserting the individual. (g) REVISION TO EFFECTIVE DATES TO FACILITATE TRANSITION TO REVISED RULES FOR PRELIMINARY HEAR- ING REQUIREMENTS AND CONVENING AUTHORITY ACTION POST-CONVICTION. (1) EFFECTIVE DATE FOR AMENDMENTS RE- LATED TO ARTICLE. Effective as of December,, and as if included therein as enacted, section 0(d)(1) of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ; U.S.C. 0 note, note) is amended by striking one year after and all that follows through the end of the sentence and inserting on the later of December,, or the date of the enactment of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year and

9 shall apply with respect to preliminary hearings conducted on or after that effective date.. () TRANSITION RULE FOR AMENDMENTS RE- LATED TO ARTICLE 0. (A) TRANSITION RULE. Section 0(d)() of the National Defense Authorization Act for Fiscal Year (Public Law 1 ; Stat. ; U.S.C. 0 note) is amended (i) by striking The amendments and inserting (A) Except as provided in subparagraph (B), the amendments ; and (ii) by adding at the end the following new subparagraph: (B) With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph (A) and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section (b) of title, United States Code (article (b) of the Uniform Code of Military Justice)..

10 (B) APPLICATION OF AMENDMENTS. The amendments made by subparagraph (A) shall not apply to the findings and sentence of a court-martial with respect to which the convening authority has taken action before the date that is 0 days after the date of the enactment of this Act. SEC.. ORDERING OF DEPOSITIONS UNDER THE UNI- FORM CODE OF MILITARY JUSTICE. Subsection (a) of section of title, United States Code (article of the Uniform Code of Military Justice), is amended to read as follows: (a)(1) At any time after charges have been signed as provided in section 0 of this title (article 0), oral or written depositions may be ordered as follows: (A) Before referral of such charges for trial, by the convening authority who has such charges for disposition. (B) After referral of such charges for trial, by the convening authority or the military judge hearing the case. () An authority authorized to order a deposition under paragraph (1) may order the deposition at the request of any party, but only if the party demonstrates that, due to exceptional circumstances, it is in the interest of jus-