I 

115TH CONGRESS 

1ST SESSION H. R. 4639 

To amend title 10 United States Code, to establish a punitive article in 

the Uniform Code of Military Justice on domestic violence, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2017 

Ms. ROSEN (for herself and Ms. JENKINS of Kansas) introduced the following 

bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 10 United States Code, to establish a punitive 

article in the Uniform Code of Military Justice on domestic violence, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Domestic Vio5 lence Reporting Enhancement Act’’. 

6 SEC. 2. PUNITIVE ARTICLE IN THE UNIFORM CODE OF 

7 MILITARY JUSTICE ON DOMESTIC VIOLENCE. 

8 (a) PUNITIVE ARTICLE.— 


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1 (1) IN GENERAL.—Subchapter X of chapter 47 

2 of title 10, United States Code (the Uniform Code 

3 of Military Justice), is amended by inserting after 

4 the item relating to section 928 (article 128) the fol5 lowing new section (article): 

6 ‘‘§ 928a. Art 128a. Domestic violence 

7 ‘‘(a) DOMESTIC VIOLENCE.—Any person subject to 

8 this chapter who, unlawfully and with force or violence, 

9 attempts, offers to, or does intimidate, manipulate, humili10 ate, isolate, frighten, terrorize, coerce, threaten, blame, 

11 hurt, injure, or wound another person of whom the person 

12 is an intimate partner is guilty of domestic violence and 

13 shall be punished as a court-martial may direct. 

14 ‘‘(b) AGGRAVATED DOMESTIC VIOLENCE.—Any per15 son subject to this chapter who, in committing domestic 

16 violence, uses a weapon, means, or force in a manner likely 

17 to produce death or grievous bodily harm is guilty of ag18 gravated domestic violence and shall be punished as a 

19 court-martial may direct. 

20 ‘‘(c) INTIMATE PARTNER DEFINED.—In this section, 

21 the term ‘intimate partner’, in the case of a person, means 

22 another person— 

23 ‘‘(1) who is the spouse or former spouse of the 

24 person; 


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1 ‘‘(2) who shares a child in common with the 

2 person; 

3 ‘‘(3) who cohabits or has cohabited with the 

4 person; 

5 ‘‘(4) who is a dating partner of the person; or 

6 ‘‘(5) of whom the person is situated as a parent 

7 or guardian or is similarly situated.’’. 

8 (2) CLERICAL AMENDMENTS.— 

9 (A) IN GENERAL.—The table of sections at 

10 the beginning of subchapter X of chapter 47 of 

11 such title is amended by inserting after the 

12 item relating to section 928 (article 128) the 

13 following new item: 

‘‘928a. 128a. Domestic violence.’’. 

14 (B) COORDINATION WITH UCMJ RE15 FORM.—Effective as of the effective date of the 

16 amendments made by the Military Justice Act 

17 of 2016 (division E of Public Law 114–328; 10 

18 U.S.C. 101 note), as provided in section 

19 5542(a) of that Act (130 Stat. 2967; 10 U.S.C. 

20 801 note), the table of sections at the beginning 

21 of subchapter X of chapter 47 of such title, as 

22 amended by section 5452 of that Act (130 Stat. 

23 2958), is further amended by inserting after 


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1 the item relating to section 928 (article 928) 

2 the following new item: 

‘‘928a. 128a. Domestic violence.’’. 

3 (C) COORDINATION OF AMENDMENTS.—If 

4 the date of the enactment of this Act occurs 

5 after the effective date of the amendments 

6 made by the Military Justice Act of 2016, as 

7 provided in section 5542(a) of that Act, sub8 paragraph (A) and the amendment made by 

9 that subparagraph shall not go into effect. 

10 (b) COORDINATION WITH PROHIBITIONS ON SALE, 

11 TRANSIT, OR POSSESSION OF FIREARMS OR AMMUNITION

12 BY PERSONS CONVICTED OF DOMESTIC VIOLENCE.—Sec13 tion 922 of title 18, United States Code, is amended— 

14 (1) in subsection (d)(9), by inserting before the 

15 period at the end the following: ‘‘, or has been con16 victed by general or special court-martial of an of17 fense of domestic violence under section 928a of title 

18 10 (article 128a of the Uniform Code of Military 

19 Justice)’’; and 

20 (2) in subsection (g)(9), by inserting before the 

21 comma at the end the following: ‘‘, or who has been 

22 convicted by general or special court-martial of an 

23 offense of domestic violence under section 928a of 

24 title 10 (article 128a of the Uniform Code of Mili25 tary Justice)’’. 


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1 (c) PROMPT REPORTING OF CONVICTIONS.— 

2 (1) IN GENERAL.—Under regulations and pro3 cedures prescribed by the Secretary of Defense, each 

4 Secretary concerned shall submit to the Attorney 

5 General for inclusion in the national instant criminal 

6 background check system and other appropriate sys7 tems or databases the name and other appropriate 

8 information on each member of the Armed Forces 

9 under the jurisdiction of such Secretary who has 

10 been convicted of an offense under section 928a title 

11 10, United States Code (article 128a of the Uniform 

12 Code of Military Justice), as added by subsection 

13 (a). 

14 (2) DEADLINE FOR REPORTING.—The name 

15 and other information on a member required to be 

16 submitted pursuant to paragraph (1) shall be sub17 mitted not later than three days after the date of 

18 entry of judgment with respect to the member for 

19 the offense concerned. 

20 (3) DEFINITIONS.—In this subsection: 

21 (A) The term ‘‘national instant criminal 

22 background check system’’ means the system 

23 established under section 103 of the Brady 

24 Handgun Violence Prevention Act (34 U.S.C. 

25 40901). 


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1 (B) The term ‘‘Secretary concerned’’ has 

2 the meaning given that term in section 

3 101(a)(9) of title 10, United States Code. 

Æ 


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