To reform Article 32 of the Uniform Code of Military Justice to specify the burden of proof applicable at the investigative hearing, the required qualifications for the investigating officer, the permitted scope of the investigation to assist the convening authority, and the protection of witnesses, and for other purposes.
Latest action · Jan 24, 2014 Referred to the Subcommittee on Military Personnel.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedOct 28, 2013
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Revises provisions concerning pre-trial investigations of charges and specifications under the Uniform Code of Military Justice (UCMJ) to limit such investigation to a determination of whether there is probable cause to believe that the accused committed the specified offense, consideration of the form of charges, and the recommended disposition. Prohibits the purpose of the investigation to be to serve as a discovery tool for the accused. Requires an experienced judge advocate to conduct the investigation, or, in the alternative, to serve as legal advisor to an investigating officer who is not a judge advocate.
Requires the accused, prior to the investigation, to be provided: (1) any sworn or signed statement relating to the offense that is in the government's possession; (2) an opportunity to inspect any books, papers, documents, photographs, objects, buildings, places, or scientific tests or experiments that are in the possession, custody, or control of military authorities and are intended to be used as evidence against the accused; and (3) any evidence known to the government counsel that reasonably tends to negate or reduce the guilt of the accused.
Requires a complaining witness involved in such investigation to be given the opportunity, but not be required, to testify.
Eliminates the accused's right to a reinvestigation of charges upon demand.
Cosponsors 15
Members who signed on, in the order they did. Signatures ran from Nov 12, 2013 to Dec 3, 2013.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NH | Ann M. Kuster | Nov 12, 2013 | |
| D-MA | Niki Tsongas | Nov 12, 2013 | |
| D-OH | Tim Ryan | Nov 12, 2013 | |
| D-WI | Mark Pocan | Nov 13, 2013 | |
| R-NV | Joseph J. Heck | Nov 14, 2013 | |
| R-CA | Ken Calvert | Nov 14, 2013 | |
| R-CO | Mike Coffman | Nov 14, 2013 | |
| D-CA | Mark Takano | Nov 18, 2013 | |
| D-IL | Tammy Duckworth | Nov 18, 2013 | |
| D-NY | Louise McIntosh Slaughter | Nov 19, 2013 | |
| D-IL | Bobby L. Rush | Nov 20, 2013 | |
| D-NY | Nita M. Lowey | Nov 20, 2013 | |
| D-ME | Chellie Pingree | Nov 21, 2013 | |
| D-IA | Bruce L. Braley | Dec 3, 2013 | |
| D-MA | James P. McGovern | Dec 3, 2013 |
Actions 3
Everything that happened, newest first.
- Jan 24, 2014Referred to the Subcommittee on Military Personnel.
- Oct 28, 2013Introduced in House
- Oct 28, 2013Referred to the House Committee on Armed Services.
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1644 | Article 32 Reform Act | Related bill | Nov 5, 2013 |
| HR 3459 | Article 32 Reform Act | Related bill | Jan 24, 2014 |
Subjects
Assigned by the Library of Congress. Policy area: Armed Forces and National Security.
Text 1
Each version as it was printed, newest first.
- Oct 28, 2013Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.