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108hr5391ih
(b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is auth...
108hr5391ih
(c) Duration of investigation To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced.
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(d) Judge Advocate Report To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any re...
108hr5391ih
including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsec...
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to that next superior officer. (f) Definitions In this section: (1) Domestic violence The term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence The term family violence has the meaning gi...
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(3) Sexual assault The term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving ...
108hr5391ih
comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee...
108hr5391ih
(E) Rape. (5) Stalking The term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the ...
108hr5391ih
and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim The term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed—...
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(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employ...
108hr5391ih
(7) Complaint The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries Not later than March 15, 2005, and January 1 of each year thereafter each officer recei...
108hr5391ih
(h) Annual report to Secretary of Defense and Congress (1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, dome...
108hr5391ih
The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year.. (b) Clerical Amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new it...
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or stalking: investigation by commanding officers (a) Action on complaints alleging sexual assault, domestic violence, family violence or stalking A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives from a victim, or from a member o...
108hr5391ih
or stalking by a member of the armed forces or a civilian employee of the Department of Defense shall carry out an investigation of the matter in accordance with this section.
108hr5391ih
(b) Commencement of investigation To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is auth...
108hr5391ih
(c) Duration of investigation To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced.
108hr5391ih
(d) Judge Advocate Report To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any re...
108hr5391ih
including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsec...
108hr5391ih
to that next superior officer. (f) Definitions In this section: (1) Domestic violence The term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence The term family violence has the meaning gi...
108hr5391ih
(3) Sexual assault The term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving ...
108hr5391ih
comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee...
108hr5391ih
(E) Rape. (5) Stalking The term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the ...
108hr5391ih
and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim The term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed—...
108hr5391ih
(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employ...
108hr5391ih
(7) Complaint The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries Not later than March 15, 2005, and January 1 of each year thereafter each officer recei...
108hr5391ih
(h) Annual report to Secretary of Defense and Congress (1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, dome...
108hr5391ih
The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year. 302. Response of military law enforcement officials to domestic violence incidents (a) In general Chapter 80 of title 10, United S...
108hr5391ih
Domestic violence: responsibilities of military law enforcement officials (a) Definitions In this section: (1) Military law enforcement official The term military law enforcement official means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Milita...
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(2) Domestic violence The term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodi...
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(b) Circumstances requiring arrest A military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances...
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(c) Arresting Officer’s Report An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observe...
108hr5391ih
(d) Law enforcement policies (1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into...
108hr5391ih
(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the pers...
108hr5391ih
In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer...
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(C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest unde...
108hr5391ih
Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, ...
108hr5391ih
The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services ...
108hr5391ih
As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which do...
108hr5391ih
(B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint.
108hr5391ih
You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of em...
108hr5391ih
You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the ...
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(6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement (1) A military law enforcement officer who responds to a domestic violence incident sh...
108hr5391ih
The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a cr...
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(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) ...
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(G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of a...
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(f) Contact prohibitions (1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged vi...
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(2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person sha...
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(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is l...
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Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2). 1568. Domestic violence: p...
108hr5391ih
Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or ...
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(2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.
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(3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a arm...
108hr5391ih
Domestic violence: education and training Any education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforc...
108hr5391ih
Domestic violence: annual reports (a) Reports to Secretaries of the Military Departments Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation,...
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(3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories.
108hr5391ih
(b) Reports to the Secretary of Defense Not later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convic...
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(c) Reports to congress Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of th...
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Domestic violence: responsibilities of military law enforcement officials 1568. Domestic violence: prosecution policies 1569. Domestic violence: education and training 1570. Domestic violence: annual reports. (c) Deadline The Secretary of Defense shall prescribe in regulations the procedures to carry out sections 1567...
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(d) Conforming repeal (1) Section 1058 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 53 is amended by striking the item relating to section 1058. 1567. Domestic violence: responsibilities of military law enforcement officials (a) Definitions In this section: (1) ...
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(2) Domestic violence The term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodi...
108hr5391ih
(b) Circumstances requiring arrest A military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances...
108hr5391ih
(c) Arresting Officer’s Report An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observe...
108hr5391ih
(d) Law enforcement policies (1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into...
108hr5391ih
(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the pers...
108hr5391ih
In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer...
108hr5391ih
(C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest unde...
108hr5391ih
Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, ...
108hr5391ih
The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services ...
108hr5391ih
As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which do...
108hr5391ih
(B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint.
108hr5391ih
You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of em...
108hr5391ih
You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the ...
108hr5391ih
(6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement (1) A military law enforcement officer who responds to a domestic violence incident sh...
108hr5391ih
The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a cr...
108hr5391ih
(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) ...
108hr5391ih
(G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of a...
108hr5391ih
(f) Contact prohibitions (1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged vi...
108hr5391ih
(2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person sha...
108hr5391ih
(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is l...
108hr5391ih
Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2). 1568. Domestic violence: p...
108hr5391ih
Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or ...
108hr5391ih
(2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.
108hr5391ih
(3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a arm...
108hr5391ih
Domestic violence: education and training Any education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforc...
108hr5391ih
Domestic violence: annual reports (a) Reports to Secretaries of the Military Departments Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation,...
108hr5391ih
(3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories.
108hr5391ih
(b) Reports to the Secretary of Defense Not later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convic...
108hr5391ih
(c) Reports to congress Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of th...
108hr5391ih
Investigations of sexual and domestic violence cases involving Department of Defense personnel (a) Establishment Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 144. Director of Special Investigations (a) Appointment There is a Director of Special Investigations...
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(b) Senior executive service position The position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. (c) Duties Subject to the authority, direction, and control of the Secretary of De...
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and (in accordance with this section) report information on each allegation of domestic violence, family violence, sexual assault, sexual misconduct, or stalking of a member of the armed forces or of a family member of a member of the armed forces against a member of the armed forces, against a family member of a membe...
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(2) The information compiled pursuant to paragraph (1) shall include the following: (A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. (B) The number of such complaints that are investigated. (C) In the case of each complaint— (i) the org...
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(D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including— (i) the number disposed of in a court-martial; (ii) the number disposed of in a court of the United States; (iii) the number disposed of in a court of a State or territory of the United States or in a court of...
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(E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. (3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, the Committees on Armed Services and the ...
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stalking, or domestic violence referred to in subsection (d)(1)— (1) that is made directly to, or that is referred to, the Director, including such an allegation that is made or referred to the Director— (A) by a victim of the alleged sexual misconduct, domestic violence, family violence, sexual assault, or stalking wh...
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or (C) by a commander of a member of the armed forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or (2) that the Secretary directs the Dire...
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(2) In carrying out paragraph (1), the Director shall inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. (3) The Director shall report to the Secretary on any inve...
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The training shall include the report entitled Adapting Military Sex Crimes Investigations to Changing Times. The training shall be conducted in collaboration with— (A) individuals or organizations with demonstrated experience and expertise in the organization and management of investigative agencies, including the Fed...
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(g) Powers In the performance of the duties set forth or authorized in this section, the Director shall have the following powers: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the ...