Sec. 586. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES
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## SEC. 586 DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES ###
(a)Comprehensive Policy on Retention and Access to Records **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** Not later than October 1, 2012, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a comprehensive policy for the Department of Defense on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces. ###
(b)Objectives **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** The comprehensive policy required by subsection
(a)shall include policies and procedures (including systems of records) necessary to ensure preservation of records and evidence for periods of time that ensure that members of the Armed Forces and veterans of military service who were the victims of sexual assault during military service are able to substantiate claims for veterans benefits, to support criminal or civil prosecutions by military or civil authorities, and for such purposes relating to the documentation of the incidence of sexual assault in the Armed Forces as the Secretary of Defense considers appropriate. ###
(c)Elements **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** In developing the comprehensive policy required by subsection (a), the Secretary of Defense shall consider, at a minimum, the following matters: ####
(1)Identification of records, including non-Department of Defense records, relating to an incident of sexual assault, that must be retained. ####
(2)Criteria for collection and retention of records. ####
(3)Identification of physical evidence and non-documentary forms of evidence relating to sexual assaults that must be retained. ####
(4)Length of time records, including Department of Defense Forms 2910 and 2911, and evidence must be retained, except that— #####
(A)the length of time physical evidence and forensic evidence must be retained shall be not less than five years; and #####
(B)the length of time documentary evidence relating to sexual assaults must be retained shall be not less than the length of time investigative records relating to reports of sexual assaults of that type (restricted or unrestricted reports) must be retained. ####
(5)Locations where records must be stored. ####
(6)Media which may be used to preserve records and assure access, including an electronic systems of records. ####
(7)Protection of privacy of individuals named in records and status of records under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), section 552a of title 5, United States Code (commonly referred to as the “Privacy Act”), restricted reporting cases, and laws related to privilege. ####
(8)Access to records by victims of sexual assault, the Department of Veterans Affairs, and others, including alleged assailants and law enforcement authorities. ####
(9)Responsibilities for record retention by the military departments. ####
(10)Education and training on record retention requirements. ####
(11)Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. ###
(d)Uniform Application to Military Departments **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** The Secretary of Defense shall ensure that, to the maximum extent practicable, the policy developed under subsection
(a)is implemented uniformly by the military departments. ###
(e)Copy of Records of Court-martial to Victim of Sexual Assault Section 854 of title 10, United States Code (article 54 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: > > ### “(e) > > In the case of a general or special court-martial involving a sexual assault or other offense covered by section 920 of this title (article 120), a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are authenticated. The victim shall be notified of the opportunity to receive the records of the proceedings.” > . ### (e)5 Return of Personal Property Upon Completion of Related Proceedings in Unrestricted Reporting Cases Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. 5Two subsection (e)s’ are so in law. ###
(f)Return of Personal Property in Restricted Reporting Cases ####
(1)The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination. ####
(2)The procedures shall ensure that— #####
(A)a request of a victim under paragraph
(1)may be made on a confidential basis and without affecting the restricted nature of the restricted report; and #####
(B)at the time of the filing of the restricted report, a Sexual Assault Response Coordinator or Sexual Assault Prevention and Response Victim Advocate— ######
(i)informs the victim that the victim may request the return of personal property as described in paragraph (1); and ######
(ii)advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report. ####
(3)Except with respect to personal property returned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination
(SAFE)kit for the period specified in subsection (c)(4)(A). ## Subtitle I Other Matters
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Sec. 586
DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES
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