Article 32 Reform Act - Revises requirements relating to an Article 32 investigative hearing under the Uniform Code of Military Justice (UCMJ) to require a judge advocate to conduct a preliminary hearing prior to referring a charge or specification to a general court-martial for trial. Requires such judge advocate to have a grade equal to or higher than the grade of the trial counsel and any defense counsel who is representing the accused at the preliminary hearing. Limits the preliminary hearing to the purpose of determining whether there is probable cause to believe an offense has been committed and whether the accused committed it.
Requires the judge advocate conducting the preliminary hearing to prepare a report that includes: (1) a determination as to the court-martial jurisdiction over the offense and the accused, (2) a determination as to probable cause, (3) a consideration of the form of charges, and (4) a recommendation as to the disposition of the case.
Allows a victim of the alleged offense to decline to testify at the preliminary hearing. Requires the preliminary hearing to be recorded by a court reporter or by a suitable recording device.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1644
To amend title 10, United States Code, to provide for preliminary
hearings on alleged offenses under the Uniform Code of Military
Justice.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2013
Mrs. Boxer (for herself, Mr. Graham, Mrs. Shaheen, Mr. Blunt, Mrs.
McCaskill, Mrs. Gillibrand, Mr. Baucus, Mr. Blumenthal, Ms. Hirono, Ms.
Ayotte, Ms. Collins, Mr. McCain, and Mr. Tester) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for preliminary
hearings on alleged offenses under the Uniform Code of Military
Justice.
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 ``Article 32 Reform Act''.
SEC. 2. PRELIMINARY HEARINGS ON ALLEGED OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE.
(a) Preliminary Hearings.--
(1) In general.--Section 832 of title 10, United States
Code (article 32 of the Uniform Code of Military Justice), is
amended to read as follows:
``Sec. 832. Art. 32. Preliminary hearing
``(a)(1) No charge or specification may be referred to a general
court-martial for trial until a judge advocate described in paragraph
(2) conducts a preliminary hearing.
``(2) A judge advocate may conduct a preliminary hearing if the
judge advocate has a grade equal to or higher than the grade of the
trial counsel and, if the accused is represented by military counsel,
the defense counsel who will represent the accused at the preliminary
hearing.
``(3) The preliminary hearing shall be limited to the purpose of
determining whether there is probable cause to believe an offense has
been committed and whether the accused committed it.
``(4) After conducting the preliminary hearing, the judge advocate
conducting the preliminary hearing shall prepare a report that includes
the following:
``(A) A determination as to court-martial jurisdiction over
the offense and the accused.
``(B) A determination as to probable cause.
``(C) A consideration of the form of charges.
``(D) A recommendation as to the disposition which should
be made of the case.
``(b)(1) The accused shall be advised of the charges against the
accused and of the accused's right to be represented by counsel at the
preliminary hearing. The accused has the right to be represented at the
preliminary hearing as provided in section 838 of this title (article
38) and in regulations prescribed under that section.
``(2) At the preliminary hearing, the accused may cross-examine
adverse witnesses if they are available. The accused may offer evidence
and call witnesses relevant to the probable cause determination. An
objection to evidence on the ground that it was unlawfully acquired may
be noted as part of the record.
``(3) A victim of the offense may not be required to testify at the
preliminary hearing. A victim who declines to testify shall be deemed
to be not available for purposes of the preliminary hearing.
``(4) The presentation of evidence and examination of witnesses at
a preliminary hearing shall be limited to the question of probable
cause.
``(c) Any preliminary hearing under this section shall be recorded
by a court reporter or by a suitable recording device. A copy of the
recording and a transcript shall be provided to any party, and the
victim of the offense and counsel of such victim, upon request.
``(d) The requirements of this section are binding on all persons
administering this chapter but failure to follow them does not
constitute jurisdictional error.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of such title (the
Uniform Code of Military Justice) is amended by striking the
item relating to section 832 (article 32) and inserting the
following new item:
``832. Art. 32. Preliminary hearing.''.
(b) Conforming Amendments.--
(1) Section 834(a)(2) of such title (article 34(b)(2) of
the Uniform Code of Military Justice) is amended by striking
``the report of investigation'' and inserting ``the report of
the preliminary hearing''.
(2) Section 838(b)(1) of such title (article 38(b)(1) of
the Uniform Code of Military Justice) is amended by striking
``an investigation'' and inserting ``a preliminary hearing''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act, and shall apply with respect to offenses under chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice),
that occur on or after such effective date.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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