I 

113TH CONGRESS 

1ST SESSION H. R. 3360 

To reform Article 32 of the Uniform Code of Military Justice to specify 

the burden of proof applicable at the investigative hearing, the required 

qualifications for the investigating officer, the permitted scope of the 

investigation to assist the convening authority, and the protection of 

witnesses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2013 

Mr. TURNER introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To reform Article 32 of the Uniform Code of Military Justice 

to specify the burden of proof applicable at the investigative hearing, the required qualifications for the investigating officer, the permitted scope of the investigation 

to assist the convening authority, and the protection 

of witnesses, 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, 


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1 SECTION 1. PRE-TRIAL INVESTIGATION OF CHARGES AND 

2 SPECIFICATIONS UNDER UNIFORM CODE OF 

3 MILITARY JUSTICE. 

4 (a) REQUIRED INVESTIGATION; INVESTIGATING OF5 FICER.—Subsection (a) of section 832 of title 10, United 

6 States Code (article 32 of the Uniform Code of Military 

7 Justice), is amended to read as follows: 

8 ‘‘(a)(1) No charge or specification may be referred 

9 to a general court-martial for trial until an impartial in10 vestigation of the matters set forth therein has been made. 

11 The investigation shall be limited to an inquiry to deter12 mine whether or not there is probable cause to believe that 

13 the accused committed an offense as set forth in the 

14 charges, consideration of the form of charges, and a rec15 ommendation as to the disposition which should be made 

16 of the case in the interest of justice and discipline. The 

17 purpose of this investigation shall not be to serve as dis18 covery tool for the accused. 

19 ‘‘(2) An experienced judge advocate certified under 

20 section 827(b) of this title (article 27(b)) shall be detailed 

21 to conduct the investigation under paragraph (1), except 

22 in exceptional cases in which the interests of justice dic23 tate the detailing of an investigating officer who is not 

24 a judge advocate. In such exceptional cases, an experi25 enced judge advocate certified under section 827(b) of this 


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1 title (article 27(b)) shall be detailed to serve as a legal 

2 advisor to the investigating officer.’’. 

3 (b) LIMITATIONS ON CROSS-EXAMINATION OF WIT4 NESSES AND PRESENTATION OF EVIDENCE BY THE AC5 CUSED.—Subsection (b) of section 832 of title 10, United 

6 States Code (article 32 of the Uniform Code of Military 

7 Justice) is amended— 

8 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

9 (2) by striking the third sentence; and 

10 (3) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(2) Prior to the investigation, the accused shall be 

13 provided the following: 

14 ‘‘(A) Any sworn or signed statement relating to 

15 an offense charged that is in the possession of the 

16 Government. 

17 ‘‘(B) An opportunity to inspect any books, pa18 pers, documents, photographs, tangible objects, 

19 buildings, or places, or copies of portions thereof, 

20 that are in the possession, custody, or control of 

21 military authorities and are intended to be used by 

22 the prosecution as evidence at the hearing or were 

23 obtained from or belonged to the accused. 

24 ‘‘(C) Any scientific tests or experiments, or cop25 ies thereof, that are in the possession, custody, or 


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1 control of military authorities and are intended to be 

2 used by the prosecution as evidence at the hearing. 

3 ‘‘(D) Information regarding of the existence of 

4 any evidence known to the Government counsel that 

5 reasonably tends to negate the guilt of the accused 

6 of an offense charged or reduce the degree of guilt 

7 of an offense charged. 

8 ‘‘(3) At the investigation, the accused shall have the 

9 opportunity to cross-examine a witness about the matters 

10 set forth in the charge or specification if the witness is 

11 available, and to present evidence relevant to the investiga12 tion. The investigating officer shall examine relevant avail13 able witness and relevant evidence requested by the ac14 cused. 

15 ‘‘(4) Notwithstanding paragraph (3), if the investiga16 tion of charges under this section (article) involves a com17 plaining witness, the complaining witness shall be given 

18 the opportunity to testify at the investigation, but shall 

19 not be required to testify at the investigation. If the com20 plaining witness declines to testify at the investigation, the 

21 complaining witness shall be deemed to be unavailable as 

22 a witness for purposes of the investigation. 

23 ‘‘(5) In this subsection, the term ‘complaining wit24 ness’ means a person who— 


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1 ‘‘(A) is alleged to have suffered a direct phys2 ical, emotional, or pecuniary harm as a result of the 

3 matters set forth in a charge or specification being 

4 investigated; and 

5 ‘‘(B) is named in one of the specifications.’’. 

6 (c) ELIMINATION OF ENTITLEMENT TO REINVES7 TIGATION.—Subsection (c) of section 832 of title 10, 

8 United States Code (article 32 of the Uniform Code of 

9 Military Justice) is amended by striking ‘‘unless it is de10 manded’’ and all that follows through ‘‘in his own behalf’’. 

11 (d) APPLICATION OF AMENDMENTS.—The amend12 ments made by this section shall take effect on the date 

13 that is 180 days after the date of the enactment of this 

14 Act and shall apply with respect to charges preferred 

15 under section 830 of title 10, United States Code (article 

16 30 of the Uniform Code of Military Justice) on or after 

17 the date of the enactment of this Act. 

Æ 


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