Sec. 531. TECHNICAL REVISIONS AND CLARIFICATIONS OF CERTAIN PROVISIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014 RELATING TO THE MILITARY JUSTICE SYSTEM
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## SEC. 531 TECHNICAL REVISIONS AND CLARIFICATIONS OF CERTAIN PROVISIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014 RELATING TO THE MILITARY JUSTICE SYSTEM ###
(a)Revisions of Article 32 and Article 60, Uniform Code of Military Justice ####
(1)Explicit authority for convening authority to take action on findings of a court-martial with respect to a qualifying offense **[**[10 U.S.C. 860](/us/usc/t10/s860)**]** Paragraph
(3)of subsection
(c)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 (Public Law 113-66; 127 Stat. 955), is amended— #####
(A)in subparagraph (A), by inserting “and may be taken only with respect to a qualifying offense” after “is not required”; #####
(B)in subparagraph (B)(i)— ######
(i)by striking “, other than a charge or specification for a qualifying offense,”; and ######
(ii)by inserting “, but may take such action with respect to a qualifying offense” after “thereto”; and #####
(C)in subparagraph (B)(ii)— ######
(i)by striking “, other than a charge or specification for a qualifying offense,”; and ######
(ii)by inserting “, but may take such action with respect to a qualifying offense” before the period. ####
(2)Clarification of applicability of requirement for explanation in writing for modification to findings of a court-martial **[**[10 U.S.C. 860](/us/usc/t10/s860)**]** Paragraph (3)(C) of subsection
(c)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 (Public Law 113-66; 127 Stat. 955), is amended by striking “(other than a qualifying offense)”. ####
(3)Victim submission of matters for consideration by convening authority during clemency phase of courts-martial process Subsection
(d)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014 (Public Law 113-66; 127 Stat. 960), is amended— #####
(A)in paragraph (2)(A)— ######
(i)in clause (i), by inserting “, if applicable” after “(article 54(e))”; and ######
(ii)in clause (ii), by striking “if applicable,”; and #####
(B)in paragraph (5), by striking “loss” and inserting “harm”. ####
(4)Restoration of waiver of article 32 hearings by the accused #####
(A)In general Section 832(a)(1) of title 10, United States Code (article 32(a)(1) of the Uniform Code of Military Justice), as amended by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 954), is amended by inserting “, unless such hearing is waived by the accused” after “preliminary hearing”. #####
(B)Conforming amendment Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice), as amended by section 1702(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 957), is amended by inserting “(if there is such a report)” after “a preliminary hearing under section 832 of this title (article 32)”. ####
(5)Non-applicability of prohibition on pre-trial agreements for certain offenses with mandatory minimum sentences Section 860(c)(4)(C)(ii) of title 10, United States Code (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 955), is amended by inserting “pursuant to section 856(b) of this title (article 56(b))” after “applies”. ###
(b)Defense Counsel Interview of Victim of an Alleged Sex-Related Offense ####
(1)Requests to interview victim through counsel **[**[10 U.S.C. 846](/us/usc/t10/s846)**]** Subsection (b)(1) of section 846 of title 10, United States Code (article 46(b) of the Uniform Code of Military Justice), as amended by section 1704 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 958), is amended by striking “through trial counsel” and inserting “through the Special Victims’ Counsel or other counsel for the victim, if applicable”. ####
(2)Correction of references to trial counsel Such section is further amended by striking “trial counsel” each place it appears and inserting “counsel for the Government”. ####
(3)Correction of references to defense counsel Such section is further amended— #####
(A)in the heading, by striking “Defense Counsel” and inserting “Counsel for Accused”; and #####
(B)by striking “defense counsel” each place it appears and inserting “counsel for the accused”. ###
(c)Special Victims’ Counsel for Victims of Sex-Related Offenses Section 1044e of title 10, United States Code, as added by section 1716(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 113-66; 127 Stat. 966), is amended— ####
(1)in subsection (b)(4), by striking “the Department of Defense” and inserting “the United States”; ####
(2)in subsection (d)(2), by inserting “, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps” after “employed”; and ####
(3)in subsection (e)(1), by inserting “concerned” after “jurisdiction of the Secretary”. ###
(d)Repeal of Offense of Consensual Sodomy Under the Uniform Code of Military Justice ####
(1)Clarification of definition of forcible sodomy Section 925(a) of title 10, United States Code (article 125(a) of the Uniform Code of Military Justice), as amended by section 1707 of the National Defense Authorization Act of Fiscal Year 2014 (Public Law 113-66; 127 Stat. 961), is amended by striking “force” and inserting “unlawful force”. ####
(2)Conforming amendments #####
(A)Article 43 Section 843(b)(2)(B) of such title (article 43(b)(2)(B) of the Uniform Code of Military Justice) is amended— ######
(i)in clause (iii), by striking “Sodomy” and inserting “Forcible sodomy”; and ######
(ii)in clause (v), by striking “sodomy” and inserting “forcible sodomy”. #####
(B)Article 118 Section 918(4) of such title (article 118(4) of the Uniform Code of Military Justice) is amended by striking “sodomy” and inserting “forcible sodomy”. ###
(e)Clarification of Scope of Prospective Members of the Armed Forces for Purposes of Inappropriate and Prohibited Relationships Section 1741(e)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 977; 10 U.S.C. prec. 501 note) is amended by inserting “who is pursuing or has recently pursued becoming a member of the Armed Forces and” after “a person”. ###
(f)Extension of Crime Victims’ Rights to Victims of Offenses Under the Uniform Code of Military Justice ####
(1)Clarification of limitation on definition of victim to natural persons **[**[10 U.S.C. 806b](/us/usc/t10/s806b)**]** Subsection
(b)of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by section 1701 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 952), is amended by striking “a person” and inserting “an individual”. ####
(2)Clarification of authority to appoint individuals to assume rights of certain victims Subsection
(c)of such section is amended— #####
(A)in the heading, by striking “Legal Guardian” and inserting “Appointment of Individuals to Assume Rights”; #####
(B)by inserting “(but who is not a member of the armed forces)” after “under 18 years of age”; #####
(C)by striking “designate a legal guardian from among the representatives” and inserting “designate a representative”; #####
(D)by striking “other suitable person” and inserting “another suitable individual”; and #####
(E)by striking “the person” and inserting “the individual”. ###
(g)Revision to Effective Dates to Facilitate Transition to Revised Rules for Preliminary Hearing Requirements and Convening Authority Action Post-Conviction ####
(1)Effective date for amendments related to article 32 **[**[10 U.S.C. 802 note](/us/usc/t10/s802)**]** Effective as of December 26, 2013, and as if included therein as enacted, section 1702(d)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 958; 10 U.S.C. 802 note, 832 note) is amended by striking “one year after” and all that follows through the end of the sentence and inserting “on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 and shall apply with respect to preliminary hearings conducted on or after that effective date.”. ####
(2)Transition rule for amendments related to article 60 #####
(A)Transition rule Section 1702(d)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 958; 10 U.S.C. 860 note) is amended— ######
(i)by striking “The amendments” and inserting “(A) Except as provided in subparagraph (B), the amendments”; and ######
(ii)by adding at the end the following new subparagraph: > > ##### “(B) > > With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph
(A)and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice).” > . #####
(B)Application of amendments **[**[10 U.S.C. 860 note](/us/usc/t10/s860)**]** The amendments made by subparagraph
(A)shall not apply to the findings and sentence of a court-martial with respect to which the convening authority has taken action before the date that is 30 days after the date of the enactment of this Act.
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- 127 Stat. 955
- 127 Stat. 960
- 127 Stat. 954
- 127 Stat. 957
- 127 Stat. 958
- 127 Stat. 966
- 127 Stat. 961
- 127 Stat. 977
- 127 Stat. 952
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Sec. 531
TECHNICAL REVISIONS AND CLARIFICATIONS OF CERTAIN PROVISIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014 RELATING TO THE MILITARY JUSTICE SYSTEM
Stat.127 Stat. 955
Stat.127 Stat. 960
Stat.127 Stat. 954
Stat.127 Stat. 957
Stat.127 Stat. 958
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