Stop Pay for Violent Offenders Act

Stop Pay for Violent Offenders Act - Directs the Secretary of the military department concerned (Secretary concerned) to suspend all or a portion of the pay and allowances of a member of the Armed Forces who is being held in confinement pending trial by court-martial or by civil authority for any sex-related or capital offense.

Entitles such member to: (1) written notice of the suspension, (2) a reasonable time (at least seven days) to request a suspension waiver and to furnish supporting evidence, (3) representation by an attorney or other representative in making such request, and (4) a written response by the Secretary concerned and the reasons for any denial of such request.

Requires any member who is subsequently acquitted of any such charges to be paid the full amount of the withheld pay and allowances.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2777 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2777

To amend title 10, United States Code, to authorize the Secretaries of 
the military departments to suspend the pay and allowances of a member 
 of the Armed Forces who is held in confinement pending trial by court-
 martial or by civil authority for any sex-related offense or capital 
                                offense.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2013

   Mr. Griffin of Arkansas (for himself and Mr. Wolf) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to authorize the Secretaries of 
the military departments to suspend the pay and allowances of a member 
 of the Armed Forces who is held in confinement pending trial by court-
 martial or by civil authority for any sex-related offense or capital 
                                offense.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Pay for Violent Offenders 
Act''.

SEC. 2. SUSPENSION OF THE PAY AND ALLOWANCES OF A MEMBER OF THE ARMED 
              FORCES IN CONFINEMENT PENDING TRIAL FOR ANY SEX-RELATED 
              OFFENSE OR CAPITAL OFFENSE.

    Section 813 of title 10, United States Code (article 13 of the 
Uniform Code of Military Justice) is amended--
            (1) by striking ``No person'' and inserting ``(1) Except as 
        provided in subsection (b), no person''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) Under regulations prescribed by the Secretary of Defense, 
the Secretary of a military department shall suspend all or a portion 
of the pay and allowances of a member of the armed forces under the 
jurisdiction of the Secretary who is being held in confinement pending 
trial by court-martial or by civil authority for any sex-related 
offense or capital offense. The requirement to suspend the pay and 
allowances of certain members under this subsection is consistent with 
the authority to suspend civilian employees of the Department of 
Defense without pay under subchapter II of chapter 75 of title 5.
    ``(2) A member whose pay and allowances are suspended under 
paragraph (1) is entitled to--
            ``(A) written notice of the suspension stating the specific 
        reasons for the suspension;
            ``(B) a reasonable time, but not less than seven days, to 
        request a waiver of the suspension and to furnish affidavits 
        and other documentary evidence in support of the waiver;
            ``(C) be represented by an attorney or other representative 
        in making such waiver request; and
            ``(D) a written response by the Secretary of the military 
        department concerned to the waiver request, and if denied, the 
        specific reasons for the denial.
    ``(3) The Secretary of the military department concerned may 
provide for a hearing as part of consideration of a waiver request 
under paragraph (2).
    ``(4) If a member whose pay and allowances is suspended under this 
subsection is acquitted of the charges for which the pay and allowances 
were suspended or the sentence is disapproved, commuted, or suspended, 
the Secretary of the military department concerned shall pay the member 
the full amount of pay and allowances withheld. Otherwise, the withheld 
amounts shall be paid to the victim or, if multiple victims, to the 
victims of the crime in an equitable manner.
    ``(5) In this subsection, the term `sex-related offense' means--
            ``(A) a sexual assault or other 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), or an 
        attempt to commit such an offense; or
            ``(B) a comparable offense punishable under other Federal 
        or State law.''.
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