[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3360

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2013

  Mr. Turner introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PRE-TRIAL INVESTIGATION OF CHARGES AND SPECIFICATIONS UNDER 
              UNIFORM CODE OF MILITARY JUSTICE.

    (a) Required Investigation; Investigating Officer.--Subsection (a) 
of section 832 of title 10, United States Code (article 32 of the 
Uniform Code of Military Justice), is amended to read as follows:
    ``(a)(1) No charge or specification may be referred to a general 
court-martial for trial until an impartial investigation of the matters 
set forth therein has been made. The investigation shall be limited to 
an inquiry to determine whether or not there is probable cause to 
believe that the accused committed an offense as set forth in the 
charges, consideration of the form of charges, and a recommendation as 
to the disposition which should be made of the case in the interest of 
justice and discipline. The purpose of this investigation shall not be 
to serve as discovery tool for the accused.
    ``(2) An experienced judge advocate certified under section 827(b) 
of this title (article 27(b)) shall be detailed to conduct the 
investigation under paragraph (1), except in exceptional cases in which 
the interests of justice dictate the detailing of an investigating 
officer who is not a judge advocate. In such exceptional cases, an 
experienced judge advocate certified under section 827(b) of this title 
(article 27(b)) shall be detailed to serve as a legal advisor to the 
investigating officer.''.
    (b) Limitations on Cross-Examination of Witnesses and Presentation 
of Evidence by the Accused.--Subsection (b) of section 832 of title 10, 
United States Code (article 32 of the Uniform Code of Military Justice) 
is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by striking the third sentence; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Prior to the investigation, the accused shall be provided the 
following:
            ``(A) Any sworn or signed statement relating to an offense 
        charged that is in the possession of the Government.
            ``(B) An opportunity to inspect any books, papers, 
        documents, photographs, tangible objects, buildings, or places, 
        or copies of portions thereof, that are in the possession, 
        custody, or control of military authorities and are intended to 
        be used by the prosecution as evidence at the hearing or were 
        obtained from or belonged to the accused.
            ``(C) Any scientific tests or experiments, or copies 
        thereof, that are in the possession, custody, or control of 
        military authorities and are intended to be used by the 
        prosecution as evidence at the hearing.
            ``(D) Information regarding of the existence of any 
        evidence known to the Government counsel that reasonably tends 
        to negate the guilt of the accused of an offense charged or 
        reduce the degree of guilt of an offense charged.
    ``(3) At the investigation, the accused shall have the opportunity 
to cross-examine a witness about the matters set forth in the charge or 
specification if the witness is available, and to present evidence 
relevant to the investigation. The investigating officer shall examine 
relevant available witness and relevant evidence requested by the 
accused.
    ``(4) Notwithstanding paragraph (3), if the investigation of 
charges under this section (article) involves a complaining witness, 
the complaining witness shall be given the opportunity to testify at 
the investigation, but shall not be required to testify at the 
investigation. If the complaining witness declines to testify at the 
investigation, the complaining witness shall be deemed to be 
unavailable as a witness for purposes of the investigation.
    ``(5) In this subsection, the term `complaining witness' means a 
person who--
            ``(A) is alleged to have suffered a direct physical, 
        emotional, or pecuniary harm as a result of the matters set 
        forth in a charge or specification being investigated; and
            ``(B) is named in one of the specifications.''.
    (c) Elimination of Entitlement to Reinvestigation.--Subsection (c) 
of section 832 of title 10, United States Code (article 32 of the 
Uniform Code of Military Justice) is amended by striking ``unless it is 
demanded'' and all that follows through ``in his own behalf''.
    (d) Application of Amendments.--The amendments made by this section 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act and shall apply with respect to charges preferred 
under section 830 of title 10, United States Code (article 30 of the 
Uniform Code of Military Justice) on or after the date of the enactment 
of this Act.
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