To provide for the processing for administrative separation from the Armed Forces of members who are convicted of certain sexual offenses under the Uniform Code of Military Justice and not punitively discharged in connection with such convictions.
What it does: Rewrites page 138, lines 14–20
Sen. Kirsten E. Gillibrand (D-NY)Rewrites page 138, lines 14–20
ReplacesPrinted pageRemoves page 138, lines 14–20 of the printed bill. See that page
Inserted: (8) A requirement that each Secretary of a military department establish policies that require that each member of the Armed Forces under the jurisdiction of such Secretary whose conviction for a covered offense is final and who is not punitively discharged from the Armed Forces in connection with such conviction be processed for administrative separation from the Armed Forces, which requirement shall not be interpreted to limit or alter the authority of such Secretary to process members of the Armed Forces for administrative separation for other offenses or under other provisions of law.
Inserted: (b) Definitions.--In this section:
Inserted: (1) The term "covered offense" means the following:
Inserted: (A) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).
Inserted: (B) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).
Inserted: (C) An attempt to commit an offense specified in subparagraph (A) or (B) under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
Inserted: (2) The term "special victim offenses" means offenses involving allegations of any of the following:
Inserted: (A) Child abuse.
Inserted: (B) Rape, sexual assault, or forcible sodomy.
Inserted: (C) Domestic violence involving aggravated assault.
Original wording
On page 138, strike lines 14 through 20 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 138, strike lines 14 through 20 and insert the following:
(8) A requirement that each Secretary of a military department establish policies that require that each member of the Armed Forces under the jurisdiction of such Secretary whose conviction for a covered offense is final and who is not punitively discharged from the Armed Forces in connection with such conviction be processed for administrative separation from the Armed Forces, which requirement shall not be interpreted to limit or alter the authority of such Secretary to process members of the Armed Forces for administrative separation for other offenses or under other provisions of law.
(b) Definitions.--In this section:
(1) The term “covered offense” means the following:
(A) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice).
(B) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice).
(C) An attempt to commit an offense specified in subparagraph (A) or (B) under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
(2) The term “special victim offenses” means offenses involving allegations of any of the following:
(A) Child abuse.
(B) Rape, sexual assault, or forcible sodomy.
(C) Domestic violence involving aggravated assault.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment proposed (on the floor): Amendment SA 3016 proposed by Senator Gillibrand.(consideration: CR S7011-7012; text: CR S7011)
November 28, 2012
View full timeline
Senate amendment proposed (on the floor): Amendment SA 3016 proposed by Senator Gillibrand.(consideration: CR S7011-7012; text: CR S7011)
November 28, 2012
Senate amendment agreed to: Amendment SA 3016 agreed to in Senate by Voice Vote.
November 28, 2012
Amendment SA 3016 proposed by Senator Gillibrand. (consideration: CR S7011-7012; text: CR S7011) To provide for the processing for administrative separation from the Armed Forces of members who are convicted of certain sexual offenses under the Uniform Code of Military Justice and not punitively discharged in connection with such convictions.
November 28, 2012
Amendment SA 3016 agreed to in Senate by Voice Vote.
November 28, 2012
Senate amendment submitted
November 27, 2012