Better Enforcement for Sexual Assault Free Environments Act of 2013 or BE SAFE Act - Amends the Uniform Code of Military Justice (UCMJ) to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change such finding to a finding of guilty to a lesser included offense. Requires a convening authority, when changing a charge with respect to a qualifying offense, to prepare a written explanation of such action, which shall be made part of the record. Defines a "qualifying offense" as one for which the maximum sentence of confinement does not exceed two years and for which the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, except to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record.
Allows a complaining witness to be given an opportunity to submit matters for consideration by the convening authority in the clemency phase of a court-martial. Requires such submission to be made within 10 days after receiving matters for such consideration from the accused. Allows such period to be extended by up to an additional 20 days for good cause shown.
Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof.
Requires: (1) a request by a defense counsel in an action under the UCMJ to interview a complaining witness to be placed through trial counsel; and (2) any such interview to take place in the presence of trial counsel, counsel for the witness, or outside counsel.
Eliminates any statute of limitations with respect to UCMJ actions for sexual assault of a child.
Authorizes the Secretary of the military department concerned to provide guidance for commanders regarding their authority to make determinations, and to take action, regarding whether a member of the Armed Forces (member) serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit.
Requires the commanding officer of a member filing an unrestricted report on a sexual assault, within eight days after the filing of such report, to brief specified officers in that member's chain of command on the incident.
Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance.
Requires the Secretary of Defense (DOD) to report to the congressional defense committees on: (1) sentencing guidelines and mandatory minimum sentencing provisions under the UCMJ, and (2) the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2207 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2207
To amend title 10, United States Code, to make certain improvements in
the Uniform Code of Military Justice related to sex-related offenses
committed by members of the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Turner (for himself and Ms. Tsongas) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to make certain improvements in
the Uniform Code of Military Justice related to sex-related offenses
committed by members of the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Better Enforcement
for Sexual Assault Free Environments Act of 2013'' or ``BE SAFE Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Limitations on convening authority discretion regarding court-
martial findings and sentence.
Sec. 3. Participation by complaining witnesses in clemency phase of
courts-martial process.
Sec. 4. Mandatory discharge or dismissal for certain sex-related
offenses under the Uniform Code of Military
Justice and trial of such offenses by
general courts-martial.
Sec. 5. Defense counsel interview of complaining witnesses in presence
of trial counsel or outside counsel.
Sec. 6. Elimination of five-year statute of limitations on trial by
court-martial for additional offenses
involving sex-related crimes.
Sec. 7. Consideration of need for, and authority to provide for,
temporary administrative reassignment or
removal of a member on active duty who is
accused of committing a sexual assault or
related offense.
Sec. 8. Briefings of commanding officers following unrestricted reports
of sexual assault on members of the Armed
Forces.
Sec. 9. Victims' Counsel for victims of sex-related offenses committed
by members of the Armed Forces and related
provisions.
Sec. 10. Secretary of Defense report on sentencing reform.
Sec. 11. Secretary of Defense report on role of commanders in military
justice process.
SEC. 2. LIMITATIONS ON CONVENING AUTHORITY DISCRETION REGARDING COURT-
MARTIAL FINDINGS AND SENTENCE.
(a) Elimination of Unlimited Command Prerogative and Discretion.--
Paragraph (1) of section 860(c) of title 10, United States Code
(article 60(c) of the Uniform Code of Military Justice) is amended by
striking the first sentence.
(b) Limitations on Discretion Regarding Court-Martial Findings.--
Paragraph (3) of section 860(c) of title 10, United States Code
(article 60(c) of the Uniform Code of Military Justice) is amended to
read as follows:
``(3)(A) Action on the findings of a court-martial by the convening
authority or by another person authorized to act under this section is
not required.
``(B) If a convening authority or other person acts on the findings
of a court-martial, the convening authority or other person may not--
``(i) dismiss any charge or specification, other than a
charge or specification for a qualifying offense, by setting
aside a finding of guilty thereto; or
``(ii) change a finding of guilty to a charge or
specification, other than a charge or specification for a
qualifying offense, to a finding of guilty to an offense that
is a lesser included offense of the offense stated in the
charge or specification.
``(C) If a convening authority or other person acts on the findings
to dismiss or change any charge or specification for a qualifying
offense, the convening authority or other person shall prepare a
written explanation of such action. Such written explanation shall be
immediately provided and made a part of the record of the court-martial
at the time the action is taken and becomes effective.
``(D)(i) In this paragraph, the term `qualifying offense' means,
except as provided in clause (ii), an offense under this chapter for
which--
``(I) the maximum sentence of confinement that may be
adjudged does not exceed two years; and
``(II) the sentence adjudged does not include dismissal, a
dishonorable or bad-conduct discharge, or confinement for more
than six months.
``(ii) Such term does not include the following:
``(I) An offense under section 920 of this title (article
120).
``(II) An offense under section 928 of this title (article
128), if such offense consisted of assault consummated by
battery upon child under 16 years of age.
``(III) An offense under section 934 of this title (article
134), if such offense consisted of indecent language
communicated to child under the age of 16 years.
``(IV) Such other offenses as the Secretary of Defense may
prescribe by regulation.''.
(c) Limitations of Discretion To Modify an Adjudged Sentence to
Less Than Mandatory Minimum Sentence.--Section 860(c) of title 10,
United States Code (article 60(c) of the Uniform Code of Military
Justice) is amended--
(1) in paragraph (2), by striking ``The convening
authority'' and inserting the following:
``(B) Except as provided in paragraph (4), the convening
authority''; and
(2) by adding at the end the following new paragraph:
``(4) If a mandatory minimum sentence exists for a charge, the
convening authority or another person authorized to act under this
section may not modify an adjudged sentence to reduce the sentence to
less than the mandatory minimum sentence, except that, upon the
recommendation of the trial counsel, the convening authority or other
person shall have the authority to impose a sentence below a level
established by statute as a minimum sentence so as to reflect the
substantial assistance by the accused in the investigation or
prosecution of another person who has committed an offense.''.
(d) Explanation for Any Decision Disapproving, Commuting, or
Suspending Court-Martial Sentence.--Section 860(c)(2) of title 10,
United States Code (article 60(c)(2) of the Uniform Code of Military
Justice), as amended by subsection (c)(1), is further amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(C) If the convening authority or other person makes a decision
to disapprove, commute, or suspend the sentence in whole or in part,
the convening authority or such person shall prepare a detailed written
explanation of such action. Such written explanation shall be
immediately provided and made a part of the record of the court-martial
at the time the action is taken and becomes effective.''.
(e) Conforming Amendment to Other Authority for Convening Authority
To Suspend Sentence.--Section 871(d) of such title (article 71(d) of
the Uniform Code of Military Justice) is amended by adding at the end
the following new sentence: ``Paragraphs (2) and (4) of subsection (c)
of section 860 of this title (article 60) shall apply to any decision
by the convening authority or such person to suspend the execution of
any sentence or part thereof under this subsection.''.
(f) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act and shall
apply with respect to findings and sentences of courts-martial reported
to convening authorities under section 860 of title 10, United States
Code (article 60 of the Uniform Code of Military Justice), as amended
by this section, on or after that effective date.
SEC. 3. PARTICIPATION BY COMPLAINING WITNESSES IN CLEMENCY PHASE OF
COURTS-MARTIAL PROCESS.
Section 860(b) of title 10, United States Code (article 60(b) of
the Uniform Code of Military Justice), is amended by adding at the end
the following new paragraphs:
``(5)(A) If an accused elects to submit matters for consideration
by the convening authority under this subsection, a copy of any portion
of such matters that refers to a complaining witness shall be provided
to the complaining witness before the convening authority takes any
action on the findings or sentence under this section.
``(B)(i) Upon receipt of matters under this paragraph, a
complaining witness shall have 10 days to submit materials in response
to such matters to the convening authority.
``(ii) If a complaining witness shows that additional time is
required for submission of materials under this subparagraph, the
convening authority or other person taking action under this section,
for good cause, may extend the applicable period for submission of such
materials for not more than an additional 20 days.
``(6) In any case in which findings and sentence have been adjudged
for an offense involving a complaining witness, the complaining witness
shall be provided an opportunity to submit matters to the convening
authority for consideration prior to taking action under this section.
``(7) The convening authority shall not consider under this section
any submitted matters that go to the character of a complaining witness
unless such matters were presented at the court-martial.''.
SEC. 4. MANDATORY DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RELATED
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE AND
TRIAL OF SUCH OFFENSES BY GENERAL COURTS-MARTIAL.
(a) Mandatory Discharge or Dismissal Required.--
(1) Imposition.--Section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice) is
amended--
(A) by inserting ``(a)'' before ``The punishment'';
and
(B) by adding at the end the following new
subsection:
``(b)(1) While a person subject to this chapter who is found guilty
of an offense specified in paragraph (2) shall be punished as a general
court-martial may direct, such punishment must include, at a minimum,
dismissal or dishonorable discharge.
``(2) Paragraph (1) applies to the following offenses:
``(A) An offense in violation of subsection (a) or (b) of
section 920 (article 120(a) or (b)).
``(B) Forcible sodomy under section 925 of this title
(article 125).
``(C) An attempt to commit an offense specified in
subparagraph (A) or (B) that is punishable under section 880 of
this title (article 80).''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 856. Art. 56. Maximum and minimum limits''.
(B) Table of sections.--The table of sections at
the beginning of subchapter VIII of chapter 47 of such
title is amended by striking the item relating to
section 856 and inserting the following new item:
``856. Art 56. Maximum and minimum limits.''.
(b) Jurisdiction Limited to General Courts-martial.--Section 818 of
such title (article 18 of the Uniform Code of Military Justice) is
amended--
(1) by inserting ``(a)'' before the first sentence;
(2) in the third sentence, by striking ``However, a general
court-martial'' and inserting the following:
``(b) A general court-martial''; and
(3) by adding at the end the following new subsection:
``(c) Consistent with sections 819, 820, and 856(b) of this title
(articles 19, 20, and 56(b)), only general courts-martial have
jurisdiction over an offense specified in section 856(b)(2) of this
title (article 56(b)(2)).''.
(c) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 5. DEFENSE COUNSEL INTERVIEW OF COMPLAINING WITNESSES IN PRESENCE
OF TRIAL COUNSEL OR OUTSIDE COUNSEL.
Section 846 of title 10, United States Code (article 46 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a) Opportunity To Obtain Witnesses and
Other Evidence.--''before ``The trial counsel'';
(2) by striking ``Process issued'' and inserting the
following:
``(c) Process.--Process issued''; and
(3) by inserting after subsection (a), as designated by
paragraph (1), the following new subsection (b):
``(b) Interview of Complaining Witnesses by Defense Counsel.--(1)
Upon notice by trial counsel to defense counsel of the name and address
of the complaining witness or witnesses trial counsel intends to call
to testify in any portion of an investigation under section 832 of this
title (article 32) or a court-martial under this chapter, defense
counsel shall make all requests to interview any such complaining
witness through trial counsel.
``(2) If requested by a complaining witness subject to a request
for interview under paragraph (1), any interview of the witness by
defense counsel shall take place only in the presence of trial counsel,
counsel for the witness, or outside counsel.''.
SEC. 6. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITATIONS ON TRIAL BY
COURT-MARTIAL FOR ADDITIONAL OFFENSES INVOLVING SEX-
RELATED CRIMES.
(a) Inclusion of Additional Offenses.--Section 843(a) of title 10,
United States Code (article 43(a) of the Uniform Code of Military
Justice) is amended by striking ``rape, or rape of a child'' and
inserting ``rape or sexual assault, or rape or sexual assault of a
child''.
(b) Conforming Amendment.--Section 843(b)(2)(B)(i) of title 10,
United States Code (article 43(b)(2)(B)(i) of the Uniform Code of
Military Justice) is amended by inserting before the period at the end
the following: ``, unless the offense is covered by subsection (a)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to an offense covered by section 920(b) or 920b(b) of title 10,
United States Code (article 120(b) or 120b(b) of the Uniform Code of
Military Justice) that is committed on or after that date.
SEC. 7. CONSIDERATION OF NEED FOR, AND AUTHORITY TO PROVIDE FOR,
TEMPORARY ADMINISTRATIVE REASSIGNMENT OR REMOVAL OF A
MEMBER ON ACTIVE DUTY WHO IS ACCUSED OF COMMITTING A
SEXUAL ASSAULT OR RELATED OFFENSE.
(a) In General.--Chapter 39 of title 10, United States Code, is
amended by inserting after section 673 the following new section:
``Sec. 674. Temporary administrative reassignment or removal of a
member on active duty accused of committing a sexual
assault or related offense
``(a) Guidance for Timely Consideration and Action.--The Secretary
concerned may provide guidance, within guidelines provided by the
Secretary of Defense, for commanders regarding their authority to make
a timely determination, and to take action, regarding whether a member
of the armed forces serving on active duty who is alleged to have
committed a sexual assault or other sex-related offense covered by
section 920, 920a, 920b, or 920c of this title (article 120, 120a,
120b, or 120c of the Uniform Code of Military Justice) should be
temporarily reassigned or removed from a position of authority or
assignment, not as a punitive measure, but solely for the purpose of
maintaining good order and discipline within the member's unit.
``(b) Time for Determinations.--A determination described in
subsection (a) may be made at any time after receipt of notification of
an unrestricted report of a sexual assault or other sex-related offense
that identifies the member as an alleged perpetrator.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
673 the following new item:
``674. Temporary administrative reassignment or removal of a member on
active duty accused of committing a sexual
assault or related offense.''.
(c) Additional Training Requirement for Commanders.--The Secretary
of Defense shall provide for inclusion of information and discussion
regarding the availability and use of the authority provided by section
674 of title 10, United States Code, as added by subsection (a), as
part of the training for new and prospective commanders at all levels
of command required by section 585(b) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C.
1561 note).
SEC. 8. BRIEFINGS OF COMMANDING OFFICERS FOLLOWING UNRESTRICTED REPORTS
OF SEXUAL ASSAULT ON MEMBERS OF THE ARMED FORCES.
(a) Briefings Required.--Not later than eight days after a member
of the Armed Forces files an unrestricted report on a sexual assault of
such member, the commanding officer of the member filing such report
shall provide a briefing on such incident to the following:
(1) The first colonel, or captain in the case of the Navy,
in the chain of command of such member.
(2) The first general or flag officer in the chain of
command of such member.
(b) Elements.--
(1) In general.--A briefing on an incident under subsection
(a) shall include the following:
(A) Information on the victim (other than the name
of the victim).
(B) Information on the alleged offender (other than
the name of the alleged offender).
(C) The details of the incident.
(D) Any actions taken in connection with the
incident, including the following:
(i) Referral of the victim to any services
available for members of the Armed Forces who
are victims of sexual assault, including the
date of each such referral.
(ii) Any investigation of the incident,
including the date of any significant action in
connection any such investigation.
(2) Modification.--The Secretary of Defense may modify the
elements required in a briefing under this section if the
Secretary determines that such modification will facilitate
compliance of briefings under this section with best practices
for such briefing as identified by the Sexual Assault
Prevention and Response Office of the Department of Defense.
(c) Preparation.--The collection and assembly of any information
required for a briefing under this section shall be conducted by a
Sexual Assault Response Coordinator. Information required for a
briefing may not be collected or assembled through an investigation or
interview of the victim by any commanding officer of the victim.
(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.
SEC. 9. VICTIMS' COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES COMMITTED
BY MEMBERS OF THE ARMED FORCES AND RELATED PROVISIONS.
(a) Designation and Duties.--
(1) In general.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044d the following
new section:
``Sec. 1044e. Victims' Counsel for victims of sex-related offenses
committed by members of the armed forces
``(a) Designation; Purposes.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned shall designate legal
counsel (to be known as `Victims' Counsel') for the purpose of
providing legal assistance to any member of the armed forces, any
dependent of a member, or any other individual eligible for military
legal assistance under section 1044 of this title, who is the victim of
a sex-related offense, regardless of whether the allegation is
restricted or unrestricted.
``(b) Types of Legal Assistance.--The types of legal assistance
contemplated by this subsection may include the following:
``(1) Legal consultation regarding potential criminal
liability of the victim stemming from or in relation to the
circumstances surrounding the alleged sex-related offense and
the victim's right to seek military defense services.
``(2) Legal consultation regarding the Victim Witness
Assistance Program (VWAP), including--
``(A) the rights and benefits afforded the victim;
``(B) the role of the Victim/Witness Advocate or
Liaison and what privileges do or do not exist between
the victim and the Advocate or Liaison; and
``(C) the nature of communication made to the
Victim/Witness Advocate or Liaison as opposed to
communication made to the Legal Assistance Attorney.
``(3) Legal consultation regarding the potential for civil
litigation against other parties (other than the Department of
Defense).
``(4) Legal consultation regarding any proceedings of the
military justice process that the victim may observe.
``(5) Legal consultation regarding the military justice
system, including--
``(A) the roles and responsibilities of the trial
counsel, the defense counsel, and investigators;
``(B) any proceedings of the military justice
process in which the victim may observe or participate
as a witness or other party;
``(C) the Government's authority to compel
cooperation and testimony; and
``(D) the victim's responsibility to testify, and
other duties to the court.
``(6) Accompanying the victim at any proceedings in
connection with the reporting, military investigation, and
military prosecution of the alleged sex-related offense.
``(7) Legal consultation regarding--
``(A) services available from appropriate agencies
or offices for emotional and mental health counseling
and other medical services;
``(B) eligibility for and requirements for
obtaining any available military and veteran benefits,
such as transitional compensation benefits found in
section 1059 of this title and other State and Federal
victims' compensation programs; and
``(C) the availability of, and any protections
offered by, civilian and military restraining orders.
``(8) Legal consultation and assistance in personal civil
legal matters in accordance with section 1044 of this title.
``(9) Such other legal assistance as the Secretary
concerned may specify under this subsection.
``(c) Qualifications.--An individual may not be designated as a
Victims' Counsel under this section unless the individual is--
``(1) a judge advocate or a civilian attorney serving as a
legal assistance attorney who is a graduate of an accredited
law school and is a member of the bar of a Federal court or of
the highest court of a State; and
``(2) is certified as competent to be designated as a
Victims' Counsel by the Judge Advocate General of the Armed
Force of which the individual is a member.
``(d) Administrative Responsibility.--Under such regulations as may
be prescribed by the Secretary concerned, the Judge Advocate General
(as defined in section 801(1) of this title) under the jurisdiction of
the Secretary, and within the Marine Corps the Staff Judge Advocate to
the Commandant of the Marine Corps, is responsible for the
establishment and supervision of individuals designated as Victims'
Counsel.
``(e) Sex-Related Offense Defined.--In this subsection, a `sex-
related offense' includes--
``(1) any offense covered by section 920, 920a, 920b, 920c,
or 925 (article 120, 120a, 120b, 120c, or 125 of the Uniform
Code of Military Justice); or
``(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of this title
(article 80 of the Uniform Code of Military Justice).
``(f) Availability of Victims' Counsel.--A member of the armed
forces, or a dependent of a member, or any other individual eligible
for military legal assistance under section 1044 of this title, who is
the victim of an alleged sex-related offense shall be provided
assistance by a Victims' Counsel upon report of an allegation of a sex-
related offense or at the time the victim seeks assistance from a
Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate,
a military criminal investigator, a victim/witness liaison, a trial
counsel, a healthcare provider, or any other personnel designated by
the Secretary concerned for purposes of this subsection. The assistance
of a Victims' Counsel under this subsection shall be available to a
member or a dependent regardless of whether the member or dependent
elects unrestricted or restricted reporting of the sex-related offense.
The member or dependent shall also be informed that the assistance of
the Victims' Counsel is an option and may be declined, in whole or in
part, at any time.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1044d the following new item:
``1044e. Victims' Counsel for victims of sexual assault-related
offenses committed by members of the armed
forces.''.
(3) Conforming amendment.--Section 1044(d)(2)(B) of this
title is amended by striking ``and 1044d'' and inserting
``1044d, and 1044e''.
(b) Enhanced Training Requirement.--The Secretary of each military
department, and the Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in the Department of
the Navy, shall implement, within the guidelines provided by the
Secretary of Defense, in-depth and advanced training for all military
and civilian attorneys assigned under section 1044 or 1044e of title
10, United States Code, to provide legal assistance to victims of sex-
related offenses.
(c) Secretary of Defense Reporting Requirement.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Homeland Security with
respect to the Coast Guard, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report outlining how the Armed Forces have implemented the
requirements of section 1044e of title 10, United States Code,
as added by subsection (a).
(2) Additional submission requirement.--The report required
by paragraph (1) shall also be submitted to the Independent
Review Panels established by section 576 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1758), and the Joint Services Committee on
Military Justice.
(d) Additional Duties for Independent Review Panel.--The
Independent Review Panel established by section 576(a)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1758) shall include as part of its duties the
following:
(1) An assessment of the roles, responsibilities, and
authorities of the Victims' Counsel to provide legal assistance
to victims of sex-related offenses under section 1044e of title
10, United States Code, as added by subsection (a).
(2) An assessment of whether the roles, responsibilities,
and authorities of the Victims' Counsel to provide legal
assistance to victims of sex-related offenses under such
section should be expanded to include legal standing to
represent the alleged victim during investigative and military
justice proceedings in connection with the prosecution of a
sex-related offense.
SEC. 10. SECRETARY OF DEFENSE REPORT ON SENTENCING REFORM.
(a) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on sentencing guidelines and mandatory minimum
sentencing provisions under the Uniform Code of Military Justice.
(b) Contents of Report.--The report required by subsection (a)
shall include the following:
(1) An assessment of the effects of mandatory minimum
sentencing provisions under the Uniform Code of Military
Justice on the goal of eliminating unwarranted sentencing
disparity and other goals of sentencing.
(2) An assessment of the penalties imposed by the current
mandatory minimum sentences in relation to the offenses for
which imposed under the Uniform Code of Military Justice.
(3) A description of the interaction between mandatory
minimum sentencing provisions under the Uniform Code of
Military Justice and plea agreements.
(4) An assessment of the appropriateness of statutorily
mandated minimum sentencing provisions for additional serious
offenses under the Uniform Code of Military Justice.
(5) An assessment of the advisory sentencing guidelines
used in civilian courts and whether it would be advisable to
promulgate sentencing guidelines for use in courts-martial.
(6) Any other information that the Secretary of Defense
determines would contribute to a thorough assessment of
sentencing guidelines and mandatory minimum sentencing
provisions under the Uniform Code of Military Law.
SEC. 11. SECRETARY OF DEFENSE REPORT ON ROLE OF COMMANDERS IN MILITARY
JUSTICE PROCESS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing an assessment of the current role of commanders in the
administration of military justice and the investigation, prosecution,
and adjudication of offenses under the Uniform Code of Military
Justice. Specifically, the Secretary of Defense shall assess the post-
trial authority of a commander under section 860 of title 10, United
States Code (article 60 of the Uniform Code of Military Justice), as
amended by section 2, and include in the report a recommendation
regarding whether this authority should be further modified or
repealed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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