H.R. 1079: Military Judicial Reform Act of 2013

113th Congress, 2013–2015. Text as of Mar 12, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 1079

IN THE HOUSE OF REPRESENTATIVES

March 12, 2013

(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

A BILL

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.

1.

Short title

This Act may be cited as the Military Judicial Reform Act of 2013 .

2.

Elimination of convening authority discretion to modify the findings and sentence of courts-martial

(a)

Required action by convening authority upon receipt of court-Martial findings and sentence

Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice) is amended by striking subsections (c) through (e) and inserting the following new subsection (c):

(c)
(1)

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.

(2)

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.

.

(b)

Submission of matters by the accused; Treatment

Subsection (b) of such section and article is amended to read as follows:

(b)
(1)

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.

(2)

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.

(3)

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).

(4)

The accused may waive the right to make a submission under paragraph (1). Such a waiver may not be revoked.

.

(c)

Repeal of other authority for convening authority To suspend sentence

Section 871 of such title (article 71 of the Uniform Code of Military Justice) is amended by striking subsection (d).

(d)

Conforming amendments

(1)

UCMJ

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:

(1)

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;

.

(2)

Transitional compensation for dependents of members separated for dependent abuse

Section 1059(e) of such title is amended by striking paragraph (3).