Military Justice Improvement Act of 2013

To amend title 10, United States Code, to modify various authorities relating to procedures for courts-martial under the Uniform Code of Military Justice, and for other purposes. 1. Short title This Act may be cited as the Military Justice Improvement Act of 2013 2. Modification of authority to determine to proceed to trial by court-martial on charges on offenses with authorized maximum sentence of confinement of more than one year (a) Modification of authority (1) In general With respect to charges under chapter 47 (2) Excluded offenses Paragraph (1) does not apply to an offense as follows: (A) An offense under sections 883 through 891 of title 10, United States Code (articles 83 through 91 of the Uniform Code of Military Justice). (B) An offense under sections 893 through 917 of title 10, United States Code (articles 93 through 117 of the Uniform Code of Military Justice). (C) An offense under section 933 (3) Requirements and limitations The disposition of charges pursuant to paragraph (1) shall be subject to the following: (A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O–6 or higher who— (i) are available for detail as trial counsel under section 827 (ii) have significant experience in trials by general or special court-martial; and (iii) are outside the chain of command of the member subject to such charges. (B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 section 823 (C) The determination to try such charges by court-martial under subparagraph (A), and by type of court-martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court-martial on such charges. (D) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (E) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 section 815 (4) Construction with charges on other offenses Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less. (5) Policies and procedures of the military departments (A) In general The Secretaries of the military departments shall revise policies and procedures as necessary to comply with this subsection. (B) Uniformity The General Counsel of the Department of Defense shall review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments does not render unconstitutional any policy or procedure, as so revised. (6) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to Congress a report on the revisions of policies and procedures necessary to comply with subsection (a). The report shall include such recommendations for modifications to chapter 47 (c) Effective date and applicability Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 3. Modification of Manual for Courts-Martial to eliminate factor relating to character and military service of the accused in rule on initial disposition of offenses Not later than 180 days after the date of the enactment of this Act, 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 factors to be considered by the disposition authority in disposing of charges. 4. Modification of officers authorized to convene general and special courts-martial (a) In general Subsection (a) of section 822 (1) by striking paragraphs (5) through (8); (2) by inserting after paragraph (4) the following new paragraph (5): (5) the officers in the offices established pursuant to section 4(c) of the Military Justice Improvement Act of 2013 or officers in the rank of O–6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or ; and (3) by redesignating paragraph (9) as paragraph (6). (b) No exercise by officers in chain of command of accused or victim Such section (article) is further amended by adding at the end the following new subsection: (c) An officer specified in subsection (a)(5) may not convene a court-martial under this section if the person is in the chain of command of the accused or the victim. . (c) Offices of Chiefs of Staff on courts-Martial (1) Offices required Each Chief of Staff of the Armed Forces specified in paragraph (5) of section 822(a) (A) To convene general and special courts-martial under sections 822 823 section 822(a) (B) To detail under section 826 (C) To detail under section 827 (2) Personnel The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense as may be detailed or assigned to the office by the Chief of Staff concerned. 5. Deadline for military judge to call general and special courts-martial into session In the case of trial by general or special court-martial of charges on an offense determined under section 2(a)(1) to be tried by such court-martial under 47 of title 10, United States Code (the Uniform Code of Military Justice), the military judge shall call the court into session pursuant to section 839 6. Modification of authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial (a) Inclusion of written justification for certain actions on sentences Paragraph (2) of section 860(c) In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial. (b) Prohibition on dismissal of finding or change to finding of guilty of lesser included offense Such section (such article) is further amended— (1) in paragraph (3), by striking the second sentence; and (2) by adding at the end the following new paragraph: (4) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not— (A) dismiss any charge or specification by setting aside a finding of guilty thereto; or (B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as so amended, on or after such effective date. 7. Command action on reports on sexual offenses involving members of the Armed Forces (a) Immediate action required A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer. (b) Action required The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the criminal investigation office with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. 8. Monitoring and assessment of modification of authorities on courts-martial by independent panel on review and assessment of proceedings under the Uniform Code of Military Justice Section 576(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph (J): (J) Monitor and assess the implementation and efficacy of the Military Justice Improvement Act of 2013, and the amendments made by that Act. .

Summary: Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ), with respect to charges that allege an offense triable by court-martial (with certain exclusions) for which the maximum punishment includes confinement for more than one year, to direct the Secretary of Defense (DOD) to require the Secretaries of the military departments to provide for the determination of whether to try such charges by general or special court-martial to be made by a commissioned officer of grade O-6 or higher with significant experience in such trials and who is outside the chain of command of the accused. Provides that a determination not to proceed to trial shall not preclude a commanding officer from either referring such charges for trial by summary court-martial or imposing non-judicial punishment. Requires Rule 306 (relating to policy on initial disposition of offenses) of the Manual for Courts-Martial to be amended to strike the character and military service of the accused from factors to be considered by the disposition authority. Revises the list of officers authorized to convene general and special courts-martial to include those in grade O-6 or higher assigned such responsibility by their department chief of staff (with the same prohibition against an officer in the same chain of command as the accused). Requires each chief of staff to establish an office which shall convene general and special courts-martial and detail judges and members. Requires a military judge to call a general or special court-martial trial into session within 90 days of the determination of its necessity. Requires a convening authority (the official acting on the sentence of a court-martial), when taking any action other than approving a sentence, to prepare a written justification of such action which shall be made part of the record of the court-martial. Prohibits a convening authority from: (1) dismissing or setting aside a finding of guilty, or (2) reducing a finding of guilty to a finding of guilty to a lesser included offense. Requires a commanding officer who receives a report of a sexual-related offense involving a member in such officer's chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative office or service. Amends the National Defense Authorization Act for Fiscal Year 2013 to require an independent panel established by the DOD Secretary to monitor and assess the implementation and efficacy of this Act and its amendments.