Sec. 532. Special victim prosecutors
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/bill/117/hr/4350/eh/section-532·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: Each Secretary concerned shall detail— one commissioned officer from each armed force under the jurisdiction of such Secretary to serve as the special victim prosecutor of that armed force; and such number of assistant special victim prosecutors as the Secretary considers appropriate to assist such special victim prosecutor.
A special victim prosecutor shall be a commissioned officer of the armed forces who— is in the grade of O–6 or higher; is a judge advocate; is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special victim prosecutor. An assistant special victim prosecutor shall be a commissioned officer of the armed forces who— has at least five years of criminal justice experience; is a judge advocate; is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and is certified to be qualified, by reason of education, training, experience, and temperament, for duty as an assistant special victim prosecutor.
Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, by regulation. Except as otherwise expressly provided in this chapter, an assistant special victim prosecutor shall have the same authorities granted to a special victim prosecutor under this chapter. A special victim prosecutor shall have exclusive authority to determine if an offense is a special victim offense and shall, upon completion of a relevant investigation, exercise authority over any such offense in accordance with this chapter.
If a special victim prosecutor determines that an offense is a special victim offense, the special victim prosecutor may also exercise authority over any reported offense that the special victim prosecutor determines to be related to the special victim offense and any other reported offense by the person alleged to have committed a special victim offense. Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special victim prosecutor exercises authority, a special victim prosecutor shall have exclusive authority to, in accordance with this chapter— make a determination that is binding on the convening authority to prefer or refer the charges and specifications for trial by a special or general court-martial; on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications; enter into a plea agreement; and determine if an ordered rehearing is impracticable.
Except as provided in subparagraph (B), if a special victim prosecutor exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special victim prosecutor, elects not to refer such charges and specifications, a convening authority may exercise any of the authorities of the convening authority under this chapter with respect to such offense.
In exercising authority under with respect to an offense described in subparagraph (A), a convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial. In this section, the term relevant investigation means an investigation into an alleged offense under this chapter that is conducted by the Federal Government or a State, local, or Tribal law enforcement organization. . The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a.
Art. 24a. Special victim prosecutors. .