Sec. 533. Standards for imposition of commanding officer’s non-judicial punishment
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/bill/117/hr/7900/pcs/section-533·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended— by redesignating subsections
(c)through
(g)as subsections
(d)through (h), respectively; by inserting after subsection (b), the following new subsection: Except as provided in paragraphs
(2)and (3), a commanding officer may not impose a punishment authorized in subsection
(b)unless, before the imposition of such punishment, the commanding officer— requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel. Paragraph
(1)shall not apply to the punishments specified in subparagraphs
(E)and
(F)of subsection (b)(2). A commanding officer may waive the requirements set forth in subparagraphs
(A)and
(B)of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary on the basis of operational necessity. ; and in subsection (f), as so redesignated, by striking subsection
(d)and inserting subsection
(e). The amendments made by paragraph
(1)shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date. Not later than one year after the date of the enactment of this Act, each Secretary concerned shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that— identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and establishes a policy about the appropriate and responsible invocation of such exception; and establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by paragraph
(1)of this subsection) on the basis of operational necessity. Section 486(b) of title 10, United States Code, is amended— in paragraph (7), by striking and at the end; in paragraph (8), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: with respect to principals on sea duty who were not attached to or embarked in a vessel (as determined by the Secretary of the Navy or the Secretary of the department in which the Coast Guard is operating), the number of non-judicial punishments proposed and finalized under section 815 of this title (article 15 of the Uniform Code of Military Justice), in total and disaggregated by— whether the commanding officer imposing non-judicial punishment requested and received legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; whether the principal was provided the opportunity to consult appropriate legal counsel; and statistical category as related to the principal; and with respect to principals on sea duty who were attached to or embarked in a vessel (as determined by the Secretary of the Navy or the Secretary of the department in which the Coast Guard is operating), the number of non-judicial punishments proposed and finalized under section 815 of this title (article 15 of the Uniform Code of Military Justice), in total and disaggregated by— whether the commanding officer imposing non-judicial punishment requested and received legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; whether the principal was provided the opportunity to consult appropriate legal counsel; and statistical category as related to the principal. .