H. R. 1079
IN THE HOUSE OF REPRESENTATIVES
March 12, 2013
Ms. Speier (for herself, Mr. Meehan, Mr. Braley of Iowa, Ms. Pingree of Maine, Ms. Kuster, Ms. Edwards, and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on Armed Services
To amend the Uniform Code of Military Justice to eliminate the authority of the convening authority to modify the findings and sentence of a court-martial as a matter of command prerogative involving the sole discretion of the convening authority.
This Act may be cited as the
Military Judicial Reform Act of
Elimination of convening authority discretion to modify the findings and sentence of courts-martial
Required action by convening authority upon receipt of court-Martial findings and sentence
As soon as practicable after the receipt of the findings and sentence of a court-martial by the convening authority, the convening authority shall approve of the sentence in whole. Except as provided in section 858b(b) of this title (article 58b(b)), the convening authority shall have no authority whatsoever to modify the findings or sentence of the court-martial.
Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under paragraph (1) in place of the convening authority.
Submission of matters by the accused; Treatment
Subsection (b) of such section and article is amended to read as follows:
The accused may submit to the convening authority matters for inclusion in the final record of trial. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial. In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.
If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days.
In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1).
The accused may waive the right to make a submission under paragraph (1). Such a waiver may not be revoked.
Repeal of other authority for convening authority To suspend sentence
Section 856a(b) of such title (article 56a(b) of the Uniform Code of Military Justice) is amended by striking paragraph (1) and inserting the following new paragraph:
the sentence is set aside or otherwise modified as a result of any action authorized to be taken during post-trial procedure and review under subchapter IX;
Transitional compensation for dependents of members separated for dependent abuse