Sec. 531. Special victim prosecutors
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/bill/117/s/2792/rs/section-531·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 commissioned officers to serve as special victim prosecutors and assistant special victim prosecutors. A special victim prosecutor or assistant special victim prosecutor shall be a commissioned officer who— 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 or assistant special victim prosecutor by the Judge Advocate General of the armed force of which the officer is a member.
Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter (the Uniform Code of Military Justice) and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), by regulation. A special victim prosecutor shall have exclusive authority to determine if a reported offense is a special victim offense and shall exercise authority over any such offense in accordance with this chapter (the Uniform Code of Military Justice).
If a special victim prosecutor determines that a reported offense is a special victim offense, the special victim prosecutor may also exercise authority over any offense that the special victim prosecutor determines to be related to the special victim offense and any other offense alleged to have been committed by a person alleged to have committed the special victim offense. Subject to paragraph (4), 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 (the Uniform Code of Military Justice)— on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications; refer the charges and specifications for trial by a special or general court-martial; enter into a plea agreement; and determine if an ordered rehearing is impracticable.
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 (the Uniform Code of Military Justice) with respect to such offense, except that the convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial. .
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. .