H.R. 3360 · 113th Congress
To reform Article 32 of the Uniform Code of Military Justice to specify the burden of proof applicable at the…
Full title
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.
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Never voted on. It didn't reach a floor vote before the 113th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
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TurnerSponsor15 cosponsors · 12 D, 3 R
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Kuster
TR
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Ryan
NT
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Tsongas
MP
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Pocan
KC
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Calvert
MC
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Coffman
JH
R
Heck
TD
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Duckworth
MT
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Takano
LS
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Slaughter
NL
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Lowey
BR
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Rush
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Pingree
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Braley
JM
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McGovern0 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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.
What it does: CRS summary · 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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: 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.
Policy area: Armed Forces and National Security · Origin: House · Introduced: Oct 28, 2013
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.