S.Amdt. 2081

1. Adds SEC. 566. PRELIMINARY HEARINGS ON ALLEGED OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE at the end of part III of subtitle E of title V

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   Not later than 180 days after the date of the enactment of this Act, the discussion pertaining to Rule 306 of the Manual for Courts- Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the matters a commander should consider in deciding how to dispose of an offense.

   Inserted: SEC. 566. PRELIMINARY HEARINGS ON ALLEGED OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

   Inserted: (a) Preliminary Hearings.--

   Inserted: (1) In general.--Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows:

   Inserted: "Sec. 832. Art. 32. Preliminary hearing

   Inserted: "(a)(1) No charge or specification may be referred to a general court-martial for trial until a judge advocate conducts a preliminary hearing.

   Inserted: "(2) In exceptional circumstances, an officer other than a judge advocate may conduct a preliminary hearing if it is determined that detailing a judge advocate to conduct the preliminary hearing is not supportable.

   Inserted: "(3) Wherever supportable, the judge advocate or officer conducting a preliminary hearing shall have a grade equal to or higher than the grade of any military counsel who, at the time the judge advocate or officer is detailed, has been assigned to represent a party at the preliminary hearing.

   Inserted: "(4) The preliminary hearing shall be limited to the purpose of determining whether there is probable cause to believe an offense has been committed and whether the accused committed it.

   Inserted: "(5) After conducting the preliminary hearing, the judge advocate or officer conducting the preliminary hearing shall prepare a report that includes the following:

   Inserted: "(A) A determination as to court-martial jurisdiction over the offense and the accused.

   Inserted: "(B) A determination as to probable cause.

   Inserted: "(C) A consideration of the form of charges.

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   Inserted: "(D) A recommendation as to the disposition which should be made of the case.

   Inserted: "(b)(1) The accused shall be advised of the charges against the accused and of the accused's right to be represented by counsel at the preliminary hearing. The accused has the right to be represented at the preliminary hearing as provided in section 838 of this title (article 38) and in regulations prescribed under that section.

   Inserted: "(2) At the preliminary hearing, the accused may cross-examine adverse witnesses if they are available. The accused may offer evidence and call witnesses relevant to the probable cause determination.

   Inserted: "(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing.

   Inserted: "(4) The presentation of evidence and examination of witnesses at a preliminary hearing shall be limited to the question of probable cause.

   Inserted: "(c) A preliminary hearing under this section shall be recorded by a suitable recording device, and a copy of the recording shall be provided to any party upon request. The victim shall have access to the recording, upon request, in accordance with regulations prescribed by the Secretary concerned for purposes of this section.

   Inserted: "(d) The requirements of this section are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error.".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of subchapter VI of chapter 47 of such title (the Uniform Code of Military Justice) is amended by striking the item relating to section 832 (article 32) and inserting the following new item:

   Inserted: "832. Art. 32. Preliminary hearing.".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice) is amended by striking "the report of investigation" and inserting "the report of the preliminary hearing".

   Inserted: (2) Section 838(b)(1) of such title (article 38(b)(1) of the Uniform Code of Military Justice) is amended by striking "an investigation" and inserting "a preliminary hearing".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act, and shall apply with respect to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that occur on or after such effective date.

   Original wording

   At the end of part III of subtitle E of title V, add the following:

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As printed