Sec. 539. Timely disposition of nonprosecutable sex-related offenses
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/bill/116/hr/2500/pcs/section-539·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses in accordance with subsection (b). The policy developed under subsection
(a)shall require the following: Not later than seven days after the date on which a court-martial convening authority declines to refer a nonprosecutable sex-related offense for trial by general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the convening authority will forward the investigation to the commander of the accused. Not later than 90 days after the date on which the commander of the accused receives the investigation under paragraph (1)— the commander will determine whether or not to take other judicial, nonjudicial, or administrative action in connection with the conduct covered by the investigation, including any lesser included offenses, as authorized under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); and in a case in which the commander of the accused decides to take additional action under subparagraph (A), the commander take such actions as appropriate. In this section, the term nonprosecutable sex-related offense means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.