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108hr5391ih | (2) Eligible entities
In this section, the term eligible entity means a public or private, nonprofit, or nongovernmental program the primary purpose of which is to provide shelter services to victims of domestic violence, family violence, sexual assault, or stalking. |
108hr5391ih | The entity may be— (A) a community-based organization specializing in intervention or violence prevention services for military servicemembers, family members, or partners; (B) a nonprofit nongovernmental entity providing services primarily to servicemembers, family members, or partners who are victims of domestic violence, family violence, sexual assault, or stalking; (C) a nonprofit, nongovernmental entity providing services for veterans; (D) a nonprofit, nongovernmental entity providing services to homeless individuals; or (E) a governmental program serving servicemembers and family members. |
108hr5391ih | (b) Uses of funds
An entity awarded a contract under subsection (a) shall— (1) whenever possible, collaborate with existing shelter services in the civilian community to provide appropriate victim services; (2) provide, when appropriate shelter services are not available in the civilian community or are not accessible to Armed Forces personnel, family members, or partners, services on installations or create services in collaboration with a community-based organization; (3) develop and implement policies in the military departments regarding identification and referral procedures and safe response for Armed Forces personnel, family members, and partners who are experiencing domestic violence, family violence, sexual assault or stalking, |
108hr5391ih | including procedures for handling the requirements of protective orders (military or civilian) that ensure the safety of the victim and hold the perpetrator accountable; (4) provide aid, including legal, medical, or psychological counseling, to Armed Forces members, family members, or partners, who are experiencing domestic violence, family violence, sexual assault, or stalking; (5) assist with the improvement of delivery of victim services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, family violence, sexual assault and stalking intervention models to respond to the needs of Armed Forces members, |
108hr5391ih | family members or partners who are victims of domestic violence, family violence, sexual assault, or stalking; (7) provide the necessary human resources to respond to the needs of Armed Forces members, family members, or partners who are experiencing domestic violence, family violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call, and who possesses demonstrated experience as a service provider to victims associated with the Armed Forces; (8) provide direct counseling and advocacy for Armed Forces members, family members, or partners who have experienced domestic violence, family violence, sexual assault, or stalking; |
108hr5391ih | (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; (10) include counseling and mental health services; (11) include legal advocacy efforts on behalf of servicemembers, family members, or partners with respect to domestic violence, family violence, sexual assault, rape, or stalking; and (12) use not use more than 25 percent of the funding to provide additional services and resources for servicemembers, family members, and partners, including childcare, transportation, education support, and respite care. |
108hr5391ih | (c) Application
(1) In general
An eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements of this section. (2) Contents
An application submitted pursuant to paragraph (1) shall include— (A) an outline and description of the services to be provide to ensure the health and safety of victims of domestic violence, sexual assault, family violence, and stalking; (B) identification of the members of the organization who will be responsible for carrying out services; |
108hr5391ih | (C) assurances that communities or agencies affected by collaboration and service providers are adequately represented in the development of the application, and follow on activities to be undertaken, and that they have a significant role in evaluating the success of the project; (D) documentation of any services or advocacy between military entities, domestic violence, sexual assault, family violence, or stalking service providers, courts, law enforcement agencies, community-based programs, and other entities; (E) assurances that services and activities will be provided to all types of staff, will address appropriate practices for prevention, intervention, response, safety, follow-up, screening, intake, assessment, |
108hr5391ih | and provision of services addressing the safety needs of victims of domestic violence, family violence, sexual assault or stalking; (F) a description of how the services and activities will enhance or ensure the safety and security of personnel, families and partners where domestic violence, family violence, sexual assault or stalking occurs by providing appropriate resources, protection, and support to victims; (G) an outline of methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) an outline of the protocols, policies, |
108hr5391ih | and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (3) Collaborative partnerships.
The eligible entity or service provider shall establish a partnership that— (A) provides appropriate referrals to community-based domestic violence programs or sexual assault victim service providers with the capacity to— (i) support servicemembers, family members, and partners who are victims of domestic violence, sexual assault, family violence, or stalking; and (ii) provide legal assistance and advocacy for victims of domestic violence, family violence, sexual assault or stalking, including, where appropriate, assistance in obtaining and entering orders of protection; |
108hr5391ih | (B) provides support and training to assist military entities in supporting servicemembers, family members, or partners dealing with problems related to domestic violence, sexual assault, family violence, or stalking; (C) will identify, assess, and respond appropriately to domestic violence, family violence, sexual assault, or stalking against servicemembers, family members, or partners; (D) provides appropriate resources in family court matters to respond to domestic violence, family violence, sexual assault, or stalking; (E) assures that necessary services dealing with physical and mental health of victims are available; |
108hr5391ih | and (F) the military installation commander must submit proof of collaboration with any existing nonprofit nongovernmental service provider for victims of domestic violence, family violence, sexual assault, or stalking located in the region. |
108hr5391ih | (d) Contracting considerations
The Secretary, in awarding contracts under this section, shall— (1) ensure that such contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Duration of awards
A contract awarded under this section shall be awarded for a period of three fiscal years. Such a contract may be renewed. |
108hr5391ih | (f) Amount
A contract awarded under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. (g) Confidentiality
(1) Nondisclosure of confidential information or private information
In order to ensure the safety of victims of domestic violence, sexual assault or stalking and their families, the victim services provider under a contract under this section shall protect the confidentiality and privacy of persons receiving services. The victim services provider may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. |
108hr5391ih | The victim services provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the victim services provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. |
108hr5391ih | If such personally identifying information is or will be revealed, the victim services provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The victim services provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. The victim services provider may share court-generated information contained in secure, governmental registries for protection order enforcement purposes. |
108hr5391ih | (2) Personally identifying information
In this section, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. (h) Nonsupplantation
Any Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. (i) Matching funds
Nonprofit, nongovernmental victim services programs receiving funds under this section shall not be required to provide matching funds as a condition of receiving an award. |
108hr5391ih | (j) Reports
An entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which military personnel, families, and partners were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers, family members, and partners, including transportation and location; and (4) the existence of any continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, and partners. |
108hr5391ih | (k) Authorization of appropriations
There is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, $5,000,000 to carry out this section. (l) Availability
Funds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for each fiscal year, the Secretary— (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section. |
108hr5391ih | 901. Amendments to Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended— (1) in section 101(4) ( 50 U.S.C. App. 511(4) )— (A) in the heading, by striking Dependent and inserting Family member ; and (B) by striking dependent and inserting family member ; and (2) in section 202(b)(1) ( 50 U.S.C. App. |
108hr5391ih | 522(b)(1) ), by inserting , except in the case of an order of protection or restraining order, after proceeding. 1001. |
108hr5391ih | Assimilative crimes
Section 13 of title 18, United States Code, is amended by adding at the end the following: (d) That which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district for conduct that constitutes a sexual assault, sexual abuse, sexual battery, rape, stalking, domestic violence, or family violence offense of the jurisdiction shall be considered to be punishment provided by the jurisdiction.. 1002. |
108hr5391ih | Jurisdiction for sexual assault and domestic violence offenses committed outside the United States
(a) Extraterritorial Jurisdiction
Section 3261(a) of title 18, United States Code, is amended by inserting or constitutes a sexual assault, sexual abuse, sexual battery, rape, domestic violence, stalking, or family violence offense after year. |
108hr5391ih | (b) Definitions
Section 3267 of such title is amended by adding at the end the following new paragraphs: (5) The term domestic violence has the meaning given such term in section 2007(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(1) ). (6) The term sexual assault has the meaning given such term in section 2007(6) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. |
108hr5391ih | 3796gg–2(6) ). (7) The term sexual misconduct includes— (A) sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of title 10 (the Uniform Code of Military Justice), comprises a violation of— (I) a provision of subchapter X of such chapter (relating to punitive articles of such Code); or (II) an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; |
108hr5391ih | and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member; (B) sexual abuse; (C) sexual assault; (D) sexual battery; and (E) rape. (8) Stalking
The term stalking means engaging in a course of conduct as proscribed in chapter 110A directed at a specific person that would cause a reasonable person to fear death, sexual assault, |
108hr5391ih | or bodily injury to himself or herself or a member of his or her immediate family, when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; 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. 1003. |
108hr5391ih | Technical amendments
(a) Interstate domestic violence
Section 2261(a) of title 18, United States Code, is amended in each of paragraphs (1) and (2) by inserting after foreign commerce the following: or in the special maritime and territorial jurisdiction of the United States. (b) Protective orders
Section 2262(a) of such title is amended in each of paragraphs (1) and (2) by inserting after foreign commerce the following: or in the special maritime and territorial jurisdiction of the United States. |
108hr5391ih | (c) Full faith and credit for protective orders
Section 2265(a) of such title is amended by inserting after the court of another State or Indian tribe the following: or of a jurisdiction in the special maritime and territorial jurisdiction of the United States. 1004. Travel and transportation
Section 406(h) of title 37, United States Code, is amended by striking only if a written agreement of the member,. 1011. |
108hr5391ih | Military sexual assault
(a) Sexual assault
Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual assault
(a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by displaying, threatening to use, or using a dangerous weapon, or any object fashioned or utilized in such a manner as to lead a victim under the circumstances to reasonably believe the object to be a dangerous weapon; |
108hr5391ih | (2) by force or threat of force against that other person; (3) by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) by rendering that other person unconscious and thereby engaging in a sexual act with that other person; (5) (A) by administering to that other person by injection, inhalation, ingestion, transfusion, possession or any other means, without his or her knowledge or by threat or deception, a drug, intoxicant, or other similar substance; |
108hr5391ih | or (B) with the knowledge that another person so administered such drug, intoxicant, or other similar substance; (6) during the course of or commission of or attempted commission of any other criminal act; (7) if the sexual act is nonconsensual and the other person has attained the age of 60 years; (8) if the sexual act is nonconsensual and the other person is a physically or mentally challenged person; |
108hr5391ih | (9) if the sexual act is nonconsensual and the accused is joined or assisted by another person (other than the accused or the other person) in the sexual act or in physically restraining, assaulting, or sexually assaulting the other person; (10) if the sexual act is nonconsensual and the other person is also caused by any person to engage in another nonconsensual sexual act as part of the same occurrence; |
108hr5391ih | or (11) if the sexual act is nonconsensual and the accused has previously been convicted of another offense (whether under this chapter or under any other Federal or State law) that would constitute sexual assault or aggravated sexual assault; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); |
108hr5391ih | (2) engages in a sexual act with another person without the consent, knowledge, or permission of that other person; or (3) engages in a sexual act with another person if that other person is— (A) incapable of consent; (B) incapable of appraising the nature of the conduct; or (C) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual assault and shall be punished as a court-martial may direct. |
108hr5391ih | (c) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; or (B) is under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. |
108hr5391ih | (3) In a prosecution under this subsection, it is a defense, that must be established by a preponderance of the evidence, that the accused reasonably believed that the other person had attained the age of sixteen years. (4) In a prosecution under this section, it is a defense, which the accused must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. The fact that the accuser and the other person engaging in the sexual act were at any other time married to each other is not a defense. |
108hr5391ih | (d) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; or (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a prisoner and shall be punished as a court-martial may direct. (e) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis, however slight; (2) contact between the mouth and the penis, |
108hr5391ih | the mouth and the vulva, or the mouth and the anus; (3) penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the intentional touching of the external genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; |
108hr5391ih | or (5) the intentional touching of the clothing covering the immediate area of another person's genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (b) Conforming amendment
Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking rape, and inserting aggravated sexual assault, sexual assault of a minor, |
108hr5391ih | (c) Clerical amendment
The item relating to section 920 (article 120) in the table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code, is amended to read as follows: 920. 120. Sexual assault. (d) Effective date
The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. |
108hr5391ih | (e) Interim maximum punishments
Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 920 of the Uniform Code of Military Justice) may not exceed the following limits: (1) For aggravated sexual assault, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. |
108hr5391ih | (2) For sexual assault of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. (3) For sexual assault, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. (4) For sexual assault of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 15 years. |
108hr5391ih | (f) No preemption
The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense. 920. Art. 120. Sexual assault
(a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by displaying, threatening to use, or using a dangerous weapon, |
108hr5391ih | or any object fashioned or utilized in such a manner as to lead a victim under the circumstances to reasonably believe the object to be a dangerous weapon; (2) by force or threat of force against that other person; (3) by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) by rendering that other person unconscious and thereby engaging in a sexual act with that other person; (5) (A) by administering to that other person by injection, inhalation, ingestion, transfusion, possession or any other means, |
108hr5391ih | without his or her knowledge or by threat or deception, a drug, intoxicant, or other similar substance; or (B) with the knowledge that another person so administered such drug, intoxicant, or other similar substance; (6) during the course of or commission of or attempted commission of any other criminal act; (7) if the sexual act is nonconsensual and the other person has attained the age of 60 years; (8) if the sexual act is nonconsensual and the other person is a physically or mentally challenged person; |
108hr5391ih | (9) if the sexual act is nonconsensual and the accused is joined or assisted by another person (other than the accused or the other person) in the sexual act or in physically restraining, assaulting, or sexually assaulting the other person; (10) if the sexual act is nonconsensual and the other person is also caused by any person to engage in another nonconsensual sexual act as part of the same occurrence; |
108hr5391ih | or (11) if the sexual act is nonconsensual and the accused has previously been convicted of another offense (whether under this chapter or under any other Federal or State law) that would constitute sexual assault or aggravated sexual assault; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); |
108hr5391ih | (2) engages in a sexual act with another person without the consent, knowledge, or permission of that other person; or (3) engages in a sexual act with another person if that other person is— (A) incapable of consent; (B) incapable of appraising the nature of the conduct; or (C) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual assault and shall be punished as a court-martial may direct. |
108hr5391ih | (c) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; or (B) is under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. |
108hr5391ih | (3) In a prosecution under this subsection, it is a defense, that must be established by a preponderance of the evidence, that the accused reasonably believed that the other person had attained the age of sixteen years. (4) In a prosecution under this section, it is a defense, which the accused must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. The fact that the accuser and the other person engaging in the sexual act were at any other time married to each other is not a defense. |
108hr5391ih | (d) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; or (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a prisoner and shall be punished as a court-martial may direct. (e) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis, however slight; (2) contact between the mouth and the penis, |
108hr5391ih | the mouth and the vulva, or the mouth and the anus; (3) penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the intentional touching of the external genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; |
108hr5391ih | or (5) the intentional touching of the clothing covering the immediate area of another person's genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. 1012. Stalking
(a) Stalking
Subchapter X of chapter 47 of title 10, is amended by inserting after section 928 (article 128 of the Uniform Code of Military Justice) the following: 928a. Art. 128a. |
108hr5391ih | Stalking
(a) Any person subject to this chapter who knowingly— (1) travels with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that other person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or the spouse or intimate partner of that other person; or (2) with the intent to kill or injure a person or to place a person in reasonable fear of the death of, or serious bodily injury to, |
108hr5391ih | that other person, a member of the immediate family of that other person, or a spouse or intimate partner of that other person, uses mail, telephone or cellular telephone, electronic communication, or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of such a death or serious bodily injury, is guilty of stalking and shall be punished as a court-martial may direct. (b) Clerical amendment
The table of sections at the beginning of subchapter X of chapter 47 of title 10, |
108hr5391ih | is amended by inserting after the item relating to section 928 (article 128 of the Uniform Code of Military Justice) the following new item: 928a. 128a. Stalking. (c) Effective date
The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. |
108hr5391ih | (d) Interim maximum punishments
Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 928a of such title (article 128a of the Uniform Code of Military Justice) may not exceed the following limits: (1) For a stalking if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. |
108hr5391ih | (2) For a stalking if permanent disfigurement or life threatening bodily injury to the victim results, such punishment may be twice that as provided including dishonorable discharge, forfeiture of pay and allowances, and confinement for 30 years. (3) For a stalking if serious bodily injury to the victim results or if the accused uses a dangerous weapon, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances and confinement for 20 years. |
108hr5391ih | (4) For a stalking that involves an assault involving domestic violence or family violence under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. (e) No preemption
The prosecution or punishment of an accused for an offense under section 928a of title 10, United States Code (article 128 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense. 928a. |
108hr5391ih | Art. 128a. Stalking
(a) Any person subject to this chapter who knowingly— (1) travels with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that other person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or the spouse or intimate partner of that other person; or (2) with the intent to kill or injure a person or to place a person in reasonable fear of the death of, |
108hr5391ih | or serious bodily injury to, that other person, a member of the immediate family of that other person, or a spouse or intimate partner of that other person, uses mail, telephone or cellular telephone, electronic communication, or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of such a death or serious bodily injury, is guilty of stalking and shall be punished as a court-martial may direct. 1013. |
108hr5391ih | Domestic violence and family violence
(a) Assault
Section 928(b) of title 10, United States Code (article 128(b) of the Uniform Code of Military Justice), is amended— (1) by striking or at the end of paragraph (1); (2) by inserting or at the end of paragraph (2); and (3) by inserting after paragraph (2) the following new paragraph: (3) commits an assault involving domestic violence or family violence;. |
108hr5391ih | (b) Assault involving domestic violence or family violence defined
Such section is further amended by adding at the end the following new subsection: (c) In this section, the term assault involving domestic violence or family violence means— (1) an assault— (A) with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or family member, or any other person related by consanguinity or affinity; (B) in which the accused intentionally inflicts bodily harm with or without a weapon upon a spouse, former spouse, intimate partner, or family member, |
108hr5391ih | or any other person related by consanguinity or affinity; or (C) in which the accused places a person in reasonable fear of imminent bodily injury to that person or to another person; (2) a sexual assault; or (3) any conduct in which the accused— (A) places a person in reasonable fear of imminent bodily injury to that person or to another; (B) harasses or intimidates a spouse, intimate partner, or family member or person related by consanguinity or affinity, in the course of or as a result of which the accused commits a crime of violence against the spouse, intimate partner, |
108hr5391ih | or family member or person related by consanguinity or affinity; or (C) uses force, coercion, duress, or fraud to facilitate, commit, or attempt to commit a crime of violence against a spouse, former spouse, intimate partner, or family member. (c) Effective date
The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. |
108hr5391ih | (d) Interim maximum punishments
Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under subsection (b)(3) of section 928 of such title (article 128 of the Uniform Code of Military Justice) may not exceed the following limits: (1) For an assault involving domestic violence or family violence if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. |
108hr5391ih | (2) For an assault involving domestic violence or family violence if permanent disfigurement or life threatening bodily injury to the victim results, such punishment may be twice that as provided including dishonorable discharge, forfeiture of pay and allowances, and confinement for 30 years. (3) For an assault involving domestic violence or family violence if serious bodily injury to the victim results or if the accused uses a dangerous weapon, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. |
108hr5391ih | (4) For an assault involving domestic violence or family violence, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. (e) No preemption
The prosecution or punishment of an accused for an offense under subsection (b)(3) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense. 1014. Protective orders
(a) Enforcement of protective orders
Section 892 of title 10, |
108hr5391ih | United States Code (article 92 of the Uniform Code of Military Justice), is amended— (1) by inserting (a) before Any person ; (2) by striking or at the end of paragraph (2); (3) by inserting or at the end of paragraph (3); (4) by inserting after paragraph (3) the following new paragraph: (4) violates or fails to obey a no contact order or protective order; ; and (5) by adding at the end of such section the following new subsection: (b) In this section, |
108hr5391ih | the term no contact order or protective order includes— (1) a no contact order issued by a command or supervisor to a member to safeguard a spouse, former spouse, intimate partner, or family member of a member; (2) a protection order as defined in section 2266(5) of title 18; and (3) a protective order as defined in section 1561a of this title. (b) Effective date
The amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. |
108hr5391ih | (c) No preemption
The prosecution or punishment of an accused for an offense under subsection (a)(4) of section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense. 1101. |
108hr5391ih | Military law enforcement and victims’ rights
(a) In general
As soon after an allegation of a domestic violence, sexual assault, family violence, or stalking offense as possible without interfering with an investigation or arrest, a representative of the military law enforcement agency that has responsibility for investigating the offense shall provide the victim with a multicopy form that includes the following: (1) A form for the victim to request or waive applicable rights to information to which the victim is entitled, on request, under this section; (2) A means for the victim to designate a lawful representative selected by the victim. |
108hr5391ih | (3) Notice to the victim of the following: (A) Victims’ rights under section 502(b) of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10606(b) ), to be treated with fairness, respect and dignity and to be free of intimidation, harassment, or abuse during the judicial process. (B) The availability of crisis intervention services and resources and medical services and, when applicable, that medical services arising out of the need to secure evidence may be reimbursed. |
108hr5391ih | (C) The procedures and resources available for the protection of the victim, including military no contact orders or civilian protection orders, Armed Forces Domestic Security Act as defined by Public Law 107–311 , and Full Faith and Credit Provisions of the Violence Against Women Act as defined by section 2265 of title 18, United States Code. (D) The names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter and support services. |
108hr5391ih | (E) The police report number, if available, other identifying information, and the following statement: If within 30 days you are not notified of an arrest in your case, you may call (the military law enforcement agency’s telephone number) for information on the status of your case.. (F) Regardless of whether the suspect is an adult or a juvenile, a statement that the victim will be notified by military law enforcement of the arrest of the suspect. |
108hr5391ih | (G) If the suspect is an adult and has been arrested, the victim will be informed of the suspect’s release, of the scheduled time, place, and date for initial appearances and of the victim’s right to be heard, and to exercise these rights, the victim may contact the custodial agency regarding the suspect’s status or contact the command regarding any changes. |
108hr5391ih | (b) Effect of emotional status of victim
If at the time of contact with a military law enforcement agency the victim is emotionally unable to request or waive applicable rights, the military law enforcement agency shall designate this on the multicopy form and the entities that are subsequently affected shall presume that the victim invoked the applicable rights to which the victim is entitled, and, on request, the victim may later waive those rights. 1102. |
108hr5391ih | Incident reports
(a) In general
Military law enforcement agencies shall provide, without charging a fee, a copy of all incident report face sheets, reports, or both, to a victim of domestic violence, sexual assault, family violence, or stalking, or to the victim’s representative if the victim is deceased. |
108hr5391ih | (b) Time for availability of face sheets
A copy of an incident report face sheet shall be made available during regular business hours to a victim or the victim’s representative no later than 48 hours after being requested by the victim or the victim’s representative, unless the military law enforcement agency informs the victim or representative of the reasons why, for good cause, the face sheet is not available, in which case the face sheet shall be made available to the victim or representative no later than five working days after the request is made. |
108hr5391ih | (c) Time for availability of incident reports
A copy of the incident report shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested by a victim or representative, unless the military law enforcement agency informs the victim or representative of the reasons why, for good cause, the incident report is not available, in which case the incident report shall be made available to the victim or representative no later than 10 working days after the request is made. |
108hr5391ih | (d) Identification
A person requesting copies under this section shall present military law enforcement with the person’s identification, such as a current, valid military identification card, driver’s license, State-issued identification card, or passport and, if the person is the victim’s representative, a certified copy of the death certificate or other satisfactory evidence of the death of the victim, at the time a request is made. An incident report may not be provided to a victim’s representative unless the representative presents such identification. |
108hr5391ih | (e) Time duration
This section applies to requests for face sheets or reports made within five years from the date of completion of the incident report. (f) Victim’s representative defined
(1) For purposes of this section, the term victim’s representative means any of the following: (A) The surviving spouse. (B) A surviving child of the decedent who has attained 18 years of age. (C) A surviving parent of the decedent. (D) A surviving adult relative. (E) The public administrator appointed by a probate court, if one has been appointed. |
108hr5391ih | (2) A victim’s representative does not include any person who has been convicted of murder under State or Federal criminal statutes or the Uniform Code of Military Justice, or any person identified in the incident report as a suspect. 1103. Victim advocates and victims’ rights
(a) In general
Any victim making an allegation of sexual assault, domestic violence, family violence, or stalking may have a victim advocate, victim support liaison, victim counselor, or victim witness liaison present at any interview with the victim. |
108hr5391ih | (b) Support during proceedings
In all military justice proceedings, a victim advocate or victim support liaison, victim counselor, or victim witness liaison, upon the request of the victim, shall be allowed to accompany the victim during the proceedings to provide moral and emotional support. The victim advocate, victim counselor, victim support liaison, or victim witness liaison shall be allowed to confer orally and in writing with the victim in a reasonable manner. However, the victim advocate shall not provide legal advice or legal counsel to the victim. 1104. |
108hr5391ih | Restitution
(a) In general
Chapter 80 of title 10, is amended by inserting after section 1561a the following new section: 1561b. Restitution
(a) In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority shall order restitution for any offense specified in section 920, 892(4), or 1561a of this title. |
108hr5391ih | (b) Scope and nature of order
(1) Directions
The order of restitution under this section shall direct the servicemember to pay the victim the full amount of the victim's losses as determined by the convening authority pursuant to paragraph (2). (2) Enforcement
An order of restitution under this section shall be issued and enforced in accordance with section 3664 of title 18 in the same manner as an order under section 3663A of that title. (c) Mandatory order
(1) The issuance of a restitution order under this section is mandatory. |
108hr5391ih | (2) The convening authority may not decline to issue an order under this section because of— (A) the economic circumstances of the accused; or (B) the fact that a victim has received, or is entitled to receive, compensation for the victim’s injuries from the proceeds of insurance, transitional compensation, veterans benefits, or any other source. |
108hr5391ih | (d) Definitions
In this section: (1) Full amount of the victim’s losses
The term full amount of the victim’s losses includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorney's fees, plus any costs incurred in obtaining a civil protective order; and (F) any other loss suffered by the victim as a proximate result of the offense or offenses. |
108hr5391ih | (2) Victim
The term victim means a person harmed as a result of a commission of a crime under this title, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, but in no event shall the accused be named as such a representative or guardian. |
108hr5391ih | (b) Clerical Amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561a the following new section: 1561b. Restitution. 1561b. Restitution
(a) In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority shall order restitution for any offense specified in section 920, 892(4), or 1561a of this title. |
108hr5391ih | (b) Scope and nature of order
(1) Directions
The order of restitution under this section shall direct the servicemember to pay the victim the full amount of the victim's losses as determined by the convening authority pursuant to paragraph (2). (2) Enforcement
An order of restitution under this section shall be issued and enforced in accordance with section 3664 of title 18 in the same manner as an order under section 3663A of that title. (c) Mandatory order
(1) The issuance of a restitution order under this section is mandatory. |
108hr5391ih | (2) The convening authority may not decline to issue an order under this section because of— (A) the economic circumstances of the accused; or (B) the fact that a victim has received, or is entitled to receive, compensation for the victim’s injuries from the proceeds of insurance, transitional compensation, veterans benefits, or any other source. |
108hr5391ih | (d) Definitions
In this section: (1) Full amount of the victim’s losses
The term full amount of the victim’s losses includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorney's fees, plus any costs incurred in obtaining a civil protective order; and (F) any other loss suffered by the victim as a proximate result of the offense or offenses. |
108hr5391ih | (2) Victim
The term victim means a person harmed as a result of a commission of a crime under this title, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, but in no event shall the accused be named as such a representative or guardian. 1105. |
108hr5391ih | Records of military justice actions
(a) In general
Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): 940a. Art. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation
Whenever a member of the armed forces is discharged or dismissed from the armed forces or is released from active duty, the Secretary concerned shall transmit to the Director of the Federal Bureau of Investigation a copy of records of any disciplinary action taken against the member during that period under this chapter, |
108hr5391ih | including any nonjudicial punishment imposed under section 815 of this title (article 15). (b) Clerical amendment
The table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code, is amended by adding at the end the following new item: 940. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation.. 940a. Art. 140a. |
108hr5391ih | Military justice information: transmission to Director of Federal Bureau of Investigation
Whenever a member of the armed forces is discharged or dismissed from the armed forces or is released from active duty, the Secretary concerned shall transmit to the Director of the Federal Bureau of Investigation a copy of records of any disciplinary action taken against the member during that period under this chapter, including any nonjudicial punishment imposed under section 815 of this title (article 15). 1106. |
108hr5391ih | Technical amendments relating to fatality review panels
(a) Army
Section 4061 of title 10, United States Code, is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Army ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense. |
108hr5391ih | (b) Navy
Section 6036 of such title is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Navy ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense. |
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