Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ), with respect to charges that allege an offense triable by court-martial (with certain exclusions) for which the maximum punishment includes confinement for more than one year, to direct the Secretary of Defense (DOD) to require the Secretaries of the military departments to provide for the determination of whether to try such charges by general or special court-martial to be made by a commissioned officer of grade O-6 or higher with significant experience in such trials and who is outside the chain of command of the accused. Provides that a determination not to proceed to trial shall not preclude a commanding officer from either referring such charges for trial by summary court-martial or imposing non-judicial punishment.
Requires Rule 306 (relating to policy on initial disposition of offenses) of the Manual for Courts-Martial to be amended to strike the character and military service of the accused from factors to be considered by the disposition authority.
Revises the list of officers authorized to convene general and special courts-martial to include those in grade O-6 or higher assigned such responsibility by their department chief of staff (with the same prohibition against an officer in the same chain of command as the accused). Requires each chief of staff to establish an office which shall convene general and special courts-martial and detail judges and members.
Requires a military judge to call a general or special court-martial trial into session within 90 days of the determination of its necessity.
Requires a convening authority (the official acting on the sentence of a court-martial), when taking any action other than approving a sentence, to prepare a written justification of such action which shall be made part of the record of the court-martial. Prohibits a convening authority from: (1) dismissing or setting aside a finding of guilty, or (2) reducing a finding of guilty to a finding of guilty to a lesser included offense.
Requires a commanding officer who receives a report of a sexual-related offense involving a member in such officer's chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative office or service.
Amends the National Defense Authorization Act for Fiscal Year 2013 to require an independent panel established by the DOD Secretary to monitor and assess the implementation and efficacy of this Act and its amendments.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 967
To amend title 10, United States Code, to modify various authorities
relating to procedures for courts-martial under the Uniform Code of
Military Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2013
Mrs. Gillibrand (for herself, Mrs. Boxer, Ms. Collins, Mr. Blumenthal,
Mr. Begich, Ms. Mikulski, Mr. Franken, Mr. Coons, Ms. Hirono, Mr.
Johanns, Mrs. Shaheen, Mr. Pryor, Mr. Schatz, Mr. Rockefeller, Mr.
Grassley, and Mrs. Feinstein) 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 modify various authorities
relating to procedures for courts-martial under the Uniform Code of
Military Justice, 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.
This Act may be cited as the ``Military Justice Improvement Act of
2013''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES ON OFFENSES WITH AUTHORIZED
MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.
(a) Modification of Authority.--
(1) In general.--With respect to charges under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), that allege an offense, other than an offense
specified in paragraph (2), that is triable by court-martial
under that chapter for which the maximum punishment authorized
under that chapter includes confinement for more than one year,
the Secretary of Defense shall require the Secretaries of the
military departments to provide for the determination under
section 830(b) of such chapter (article 30(b) of the Uniform
Code of Military Justice) on whether to try such charges by
court-martial as provided in paragraph (3).
(2) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 891 of
title 10, United States Code (articles 83 through 91 of
the Uniform Code of Military Justice).
(B) An offense under sections 893 through 917 of
title 10, United States Code (articles 93 through 117
of the Uniform Code of Military Justice).
(C) An offense under section 933 of title 10,
United States Code (article 133 of the Uniform Code of
Military Justice).
(3) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) The determination whether to try such charges
by court-martial shall be made by a commissioned
officer of the Armed Forces designated in accordance
with regulations prescribed for purposes of this
subsection from among commissioned officers of the
Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial
counsel under section 827 of title 10, United
States Code (article 27 of the Uniform Code of
Military Justice);
(ii) have significant experience in trials
by general or special court-martial; and
(iii) are outside the chain of command of
the member subject to such charges.
(B) Upon a determination under subparagraph (A) to
try such charges by court-martial, the officer making
that determination shall determine whether to try such
charges by a general court-martial convened under
section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice), or a special
court-martial convened under section 823 of title 10,
United States Code (article 23 of the Uniform Code of
Military Justice).
(C) The determination to try such charges by court-
martial under subparagraph (A), and by type of court-
martial under subparagraph (B), shall be binding on any
applicable convening authority for a trial by court-
martial on such charges.
(D) The actions of an officer described in
subparagraph (A) in determining under that subparagraph
whether or not to try charges by court-martial shall be
free of unlawful or unauthorized influence or coercion.
(E) The determination under subparagraph (A) not to
proceed to trial of such charges by general or special
court-martial shall not operate to terminate or
otherwise alter the authority of commanding officers to
refer such charges for trial by summary court-martial
convened under section 824 of title 10, United States
Code (article 24 of the Uniform Code of Military
Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military
Justice).
(4) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that allege
an offense triable by court-martial under that chapter for
which the maximum punishment authorized under that chapter
includes confinement for one year or less.
(5) Policies and procedures of the military departments.--
(A) In general.--The Secretaries of the military
departments shall revise policies and procedures as
necessary to comply with this subsection.
(B) Uniformity.--The General Counsel of the
Department of Defense shall review the policies and
procedures revised under this paragraph in order to
ensure that any lack of uniformity in policies and
procedures, as so revised, among the military
departments does not render unconstitutional any policy
or procedure, as so revised.
(6) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this subsection.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments, submit to Congress a
report on the revisions of policies and procedures necessary to comply
with subsection (a). The report shall include such recommendations for
modifications to chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), and the Manual for Courts-Martial as
the Secretary of Defense considers appropriate for that purpose.
(c) Effective Date and Applicability.--Subsection (a), and the
revisions required by that subsection, 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 such effective date.
SEC. 3. MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR
RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED
IN RULE ON INITIAL DISPOSITION OF OFFENSES.
Not later than 180 days after the date of the enactment of this
Act, Rule 306 of the Manual for Courts-Martial (relating to policy on
initial disposition of offenses) shall be amended to strike the
character and military service of the accused from the factors to be
considered by the disposition authority in disposing of charges.
SEC. 4. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND
SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military Justice), is
amended--
(1) by striking paragraphs (5) through (8);
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) the officers in the offices established pursuant to
section 4(c) of the Military Justice Improvement Act of 2013 or
officers in the rank of O-6 or higher who are assigned such
responsibility by the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, or the
Commandant of the Marine Corps; or''; and
(3) by redesignating paragraph (9) as paragraph (6).
(b) No Exercise by Officers in Chain of Command of Accused or
Victim.--Such section (article) is further amended by adding at the end
the following new subsection:
``(c) An officer specified in subsection (a)(5) may not convene a
court-martial under this section if the person is in the chain of
command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces specified in paragraph (5) of section 822(a) of title
10, United States Code (article 22(a) of the Uniform Code of
Military Justice), as amended by subsection (a), shall
establish an office to do the following:
(A) To convene general and special courts-martial
under sections 822 and 823 of title 10, United States
Code (articles 22 and 23 of the Uniform Code of
Military Justice), pursuant to paragraph (5) of section
822(a) of title 10, United States Code (article 22(a)
of the Uniform Code of Military Justice), as so
amended.
(B) To detail under section 826 of title 10, United
States Code (article 26 of the Uniform Code of Military
Justice), judges of courts-martial convened as
described in subparagraph (A).
(C) To detail under section 827 of title 10, United
States Code (article 26 of the Uniform Code of Military
Justice), members of courts-martial convened as
described in subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the Armed
Forces and civilian personnel of the Department of Defense as
may be detailed or assigned to the office by the Chief of Staff
concerned.
SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GENERAL AND SPECIAL COURTS-
MARTIAL INTO SESSION.
In the case of trial by general or special court-martial of charges
on an offense determined under section 2(a)(1) to be tried by such
court-martial under 47 of title 10, United States Code (the Uniform
Code of Military Justice), the military judge shall call the court into
session pursuant to section 839 of title 10, United States Code
(article 39 of the Uniform Code of Military Justice), not later than 90
days after the date on which the authority determines to try such
charges by court-martial.
SEC. 6. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF CONVENING
AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS AND
SENTENCES OF COURTS-MARTIAL.
(a) Inclusion of Written Justification for Certain Actions on
Sentences.--Paragraph (2) of section 860(c) of title 10, United States
Code (article 60(c) of the Uniform Code of Military Justice), is
amended by adding at the end the following new sentence: ``In taking
such an action (other than an action to approve a sentence), the
convening authority or other person taking such action shall prepare a
written justification of such action, which written justification shall
be made a part of the record of the court-martial.''.
(b) Prohibition on Dismissal of Finding or Change to Finding of
Guilty of Lesser Included Offense.--Such section (such article) is
further amended--
(1) in paragraph (3), by striking the second sentence; and
(2) by adding at the end the following new paragraph:
``(4) If a convening authority or other person acts on the findings
of a court-martial, the convening authority or other person may not--
``(A) dismiss any charge or specification by setting aside
a finding of guilty thereto; or
``(B) change a finding of guilty to a charge or
specification to a finding of guilty to an offense that is a
lesser included offense of the offense stated in the charge or
specification.''.
(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 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 so amended, on
or after such effective date.
SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS
OF THE ARMED FORCES.
(a) Immediate Action Required.--A commanding officer who receives a
report of a sexual-related offense involving a member of the Armed
Forces in the chain of command of such officer shall act upon the
report in accordance with subsection (b) immediately after receipt of
the report by the commanding officer.
(b) Action Required.--The action required by this subsection with
respect to a report described in subsection (a) is the referral of the
report to the criminal investigation office with responsibility for
investigating that offense of the military department concerned or such
other investigation service of the military department concerned as the
Secretary of the military department concerned may specify for purposes
of this section.
SEC. 8. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON
COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND
ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 576(d)(2) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
the Military Justice Improvement Act of 2013, and the
amendments made by that Act.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
Committee on Armed Services. Hearings held. Hearings printed: S.Hrg. 113-320.
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