Revises provisions concerning pre-trial investigations of charges and specifications under the Uniform Code of Military Justice (UCMJ) to limit such investigation to a determination of whether there is probable cause to believe that the accused committed the specified offense, consideration of the form of charges, and the recommended disposition. Prohibits the purpose of the investigation to be to serve as a discovery tool for the accused. Requires an experienced judge advocate to conduct the investigation, or, in the alternative, to serve as legal advisor to an investigating officer who is not a judge advocate.
Requires the accused, prior to the investigation, to be provided: (1) any sworn or signed statement relating to the offense that is in the government's possession; (2) an opportunity to inspect any books, papers, documents, photographs, objects, buildings, places, or scientific tests or experiments that are in the possession, custody, or control of military authorities and are intended to be used as evidence against the accused; and (3) any evidence known to the government counsel that reasonably tends to negate or reduce the guilt of the accused.
Requires a complaining witness involved in such investigation to be given the opportunity, but not be required, to testify.
Eliminates the accused's right to a reinvestigation of charges upon demand.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3360
To reform Article 32 of the Uniform Code of Military Justice to specify
the burden of proof applicable at the investigative hearing, the
required qualifications for the investigating officer, the permitted
scope of the investigation to assist the convening authority, and the
protection of witnesses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2013
Mr. Turner introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To reform Article 32 of the Uniform Code of Military Justice to specify
the burden of proof applicable at the investigative hearing, the
required qualifications for the investigating officer, the permitted
scope of the investigation to assist the convening authority, and the
protection of witnesses, 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. PRE-TRIAL INVESTIGATION OF CHARGES AND SPECIFICATIONS UNDER
UNIFORM CODE OF MILITARY JUSTICE.
(a) Required Investigation; Investigating Officer.--Subsection (a)
of section 832 of title 10, United States Code (article 32 of the
Uniform Code of Military Justice), is amended to read as follows:
``(a)(1) No charge or specification may be referred to a general
court-martial for trial until an impartial investigation of the matters
set forth therein has been made. The investigation shall be limited to
an inquiry to determine whether or not there is probable cause to
believe that the accused committed an offense as set forth in the
charges, consideration of the form of charges, and a recommendation as
to the disposition which should be made of the case in the interest of
justice and discipline. The purpose of this investigation shall not be
to serve as discovery tool for the accused.
``(2) An experienced judge advocate certified under section 827(b)
of this title (article 27(b)) shall be detailed to conduct the
investigation under paragraph (1), except in exceptional cases in which
the interests of justice dictate the detailing of an investigating
officer who is not a judge advocate. In such exceptional cases, an
experienced judge advocate certified under section 827(b) of this title
(article 27(b)) shall be detailed to serve as a legal advisor to the
investigating officer.''.
(b) Limitations on Cross-Examination of Witnesses and Presentation
of Evidence by the Accused.--Subsection (b) of section 832 of title 10,
United States Code (article 32 of the Uniform Code of Military Justice)
is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the third sentence; and
(3) by adding at the end the following new paragraphs:
``(2) Prior to the investigation, the accused shall be provided the
following:
``(A) Any sworn or signed statement relating to an offense
charged that is in the possession of the Government.
``(B) An opportunity to inspect any books, papers,
documents, photographs, tangible objects, buildings, or places,
or copies of portions thereof, that are in the possession,
custody, or control of military authorities and are intended to
be used by the prosecution as evidence at the hearing or were
obtained from or belonged to the accused.
``(C) Any scientific tests or experiments, or copies
thereof, that are in the possession, custody, or control of
military authorities and are intended to be used by the
prosecution as evidence at the hearing.
``(D) Information regarding of the existence of any
evidence known to the Government counsel that reasonably tends
to negate the guilt of the accused of an offense charged or
reduce the degree of guilt of an offense charged.
``(3) At the investigation, the accused shall have the opportunity
to cross-examine a witness about the matters set forth in the charge or
specification if the witness is available, and to present evidence
relevant to the investigation. The investigating officer shall examine
relevant available witness and relevant evidence requested by the
accused.
``(4) Notwithstanding paragraph (3), if the investigation of
charges under this section (article) involves a complaining witness,
the complaining witness shall be given the opportunity to testify at
the investigation, but shall not be required to testify at the
investigation. If the complaining witness declines to testify at the
investigation, the complaining witness shall be deemed to be
unavailable as a witness for purposes of the investigation.
``(5) In this subsection, the term `complaining witness' means a
person who--
``(A) is alleged to have suffered a direct physical,
emotional, or pecuniary harm as a result of the matters set
forth in a charge or specification being investigated; and
``(B) is named in one of the specifications.''.
(c) Elimination of Entitlement to Reinvestigation.--Subsection (c)
of section 832 of title 10, United States Code (article 32 of the
Uniform Code of Military Justice) is amended by striking ``unless it is
demanded'' and all that follows through ``in his own behalf''.
(d) Application of Amendments.--The amendments made by this section
shall take effect on the date that is 180 days after the date of the
enactment of this Act and shall apply with respect to charges preferred
under section 830 of title 10, United States Code (article 30 of the
Uniform Code of Military Justice) on or after the date of the enactment
of this Act.
<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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