Sec. 2. Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year
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With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection
(b)and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection
(d)for the determinations as follows: Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection
(b)and not excluded under subsection
(c)against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide as described in subsection
(d)for the determinations as follows: Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 22, 23, and 30 ( 10 U.S.C. 822 , 823, and 830). An offense specified in this subsection is an offense as follows: Offenses under the following sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year: sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 130, 131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132, respectively, of the Uniform Code of Military Justice). The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). A conspiracy to commit an offense specified in paragraph
(1)as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). A solicitation to commit an offense specified in paragraph
(1)as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). An attempt to commit an offense specified in paragraph
(1)as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). Subsection
(a)does not apply to an offense as follows: An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). An offense under section 922a, 923, 923a, or 928(a) of title 10, United States Code (articles 122a, 123, 123a, and 128(a) of the Uniform Code of Military Justice). An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice), but not the offense of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, or pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). A conspiracy to commit an offense specified in paragraphs
(1)through
(3)as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). A solicitation to commit an offense specified in paragraphs
(1)through
(3)as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). An attempt to commit an offense specified in paragraphs
(1)through
(3)as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). The disposition of charges covered by subsection
(a)shall be subject to the following: The determination whether to cause charges to be preferred or refer such charges to a court-martial for trial, as applicable, shall be made by a commissioned officer of the Armed Forces designated as a court-martial convening authority 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— 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); have significant experience in trials by general or special court-martial; and are outside the chain of command of the member subject to such charges. Upon a determination under paragraph
(1)to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial 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). A determination under paragraph
(1)to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall cover all known offenses, including lesser included offenses. The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. The actions of an officer described in paragraph
(1)in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. The determination under paragraph
(1)not to refer charges to a general or special court-martial for trial shall not operate to terminate or otherwise alter the authority of commanding officers to refer charges for trial by special court-martial under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice) or 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). The determination under paragraph
(1)to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that— the specification alleges an offense under the Uniform Code of Military Justice; there is probable cause to believe that the accused committed the offense charged; and a court-martial would have jurisdiction over the accused and the offense. Nothing in this section shall be construed to alter or affect the preferral, disposition, or referral authority of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense for which the maximum punishment authorized under that chapter includes confinement for one year or less, except for the offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations.
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Sec. 2
Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year
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