§ 940a. Art. 140a. Case management; data collection and accessibility
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(a)In General.— The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system (including with respect to the Coast Guard), including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts:
(1)Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146).
(2)Case processing and management.
(3)Timely, efficient, and accurate production and distribution of records of trial within the military justice system.
(4)Facilitation of public access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.
(b)Protection of Certain Personally Identifiable Information.— Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection
(a)shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.
(c)Inapplicability to Certain Dockets and Records.— Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.
(d)Preservation of Court-Martial Records Without Regard to Outcome.— The standards and criteria prescribed by the Secretary of Defense under subsection
(a)shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.
(Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961; amended Pub. L. 116–92, div. A, title V, § 534(a), Dec. 20, 2019, 133 Stat. 1361; Pub. L. 116–283, div. A, title V, § 543, Jan. 1, 2021, 134 Stat. 3613.)
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- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 116–92To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
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U.S. Code
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- 130 Stat. 2961
- 133 Stat. 1361
- 134 Stat. 3613
- 133 Stat. 1362
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§ 940a
Art. 140a. Case management; data collection and accessibility
Pub. L.×3
Stat. Comp.×3
Stat.×3
U.S.C.×3
Stat.130 Stat. 2961
Stat.133 Stat. 1361
Stat.134 Stat. 3613
Stat.133 Stat. 1362
Cites 10Cited by 12 across 4 sources