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.
Bill journey · stage 2 of 5
Under committee review
What it doesSummary introduced in house (Oct 28, 2013)
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.
What just happenedJan 24, 2014
Referred to the Subcommittee on Military Personnel.
Who’s behind it
- Introduced in HouseOct 28, 2013
- Jan 24, 2014Committee
Referred to the Subcommittee on Military Personnel.
- Oct 28, 2013IntroReferralH11100
Referred to the House Committee on Armed Services.
- Oct 28, 2013IntroReferralIntro-H
Introduced in House
- Oct 28, 2013IntroReferral1000
Introduced in House