Title: A bill to improve the prosecution of criminal offenses committed by juveniles on military installations, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill requires military departments to seek to relinquish jurisdiction over criminal offenses committed by juveniles on military installations to states and other appropriate jurisdictions. It also permits the federal government to consider prosecutions of felonies by juveniles committed on military installations where the federal government has concurrent jurisdiction with states and other governmental entities and the state prosecutor declines to bring charges.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2890 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2890

To improve the prosecution of criminal offenses committed by juveniles 
           on military installations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2018

Mr. Cornyn (for himself, Mr. King, and Mrs. Gillibrand) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To improve the prosecution of criminal offenses committed by juveniles 
           on military installations, and for other purposes.

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

SECTION 1. RELINQUISHMENT OF LEGISLATIVE JURISDICTION OF CRIMINAL 
              OFFENSES COMMITTED BY JUVENILES ON MILITARY 
              INSTALLATIONS.

    (a) In General.--In the case of any military installation or 
portion of a military installation of which legislative jurisdiction of 
criminal offenses committed by juveniles is retained by the United 
States as of the date of the enactment of this Act, the Secretary 
concerned shall seek to relinquish to the State, Commonwealth, 
territory, or possession concerned legislative jurisdiction of such 
offenses such that the United States and the State, Commonwealth, 
territory, or possession, as the case may be, have concurrent 
legislative jurisdiction of such offenses.
    (b) Manner of Relinquishment.--Legislative jurisdiction shall be 
relinquished pursuant to subsection (a) in the manner provided in 
section 2683(a) of title 10, United States Code.
    (c) Deadline.--The Secretaries concerned shall, to the extent 
practicable, complete relinquishment of legislative jurisdiction 
pursuant to subsection (a) by not later than one year after the date of 
the enactment of this Act.
    (d) Reports.--
            (1) In general.--Not later than 15 months after the date of 
        the enactment of this Act, each Secretary concerned shall 
        submit to Congress a report on the relinquishment of 
        legislative jurisdiction pursuant to subsection (a).
            (2) Elements.--The report of a Secretary under this 
        subsection shall include the following:
                    (A) A list of the installations or portions of 
                installations under the jurisdiction of the Secretary 
                of which exclusive legislative jurisdiction of criminal 
                offenses committed by juveniles is retained by the 
                United States as of the date of the enactment of this 
                Act.
                    (B) A list of the installations or portions of 
                installations listed pursuant to subparagraph (A) for 
                which legislative jurisdiction was relinquished 
                pursuant to subsection (a) as of the date that is one 
                year after the date of the enactment of this Act.
                    (C) A list of the installations or portions of 
                installations listed pursuant to subparagraph (A) for 
                which legislative jurisdiction was not relinquished 
                pursuant to subsection (a) as of the date that is one 
                year after the date of the enactment of this Act, and, 
                for each such installation or portion of installation, 
                the reasons why legislative jurisdiction was not so 
                relinquished.
    (e) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' has the meaning given that term in section 
101(a)(9) of title 10, United States Code.

SEC. 2. CONSIDERATION OF PROSECUTION BY FEDERAL PROSECUTORS OF FELONY 
              OFFENSES COMMITTED BY JUVENILES ON MILITARY INSTALLATIONS 
              WITH CONCURRENT FEDERAL-STATE LEGISLATIVE JURISDICTION 
              WHEN STATE PROSECUTORS DECLINE TO PROSECUTE.

    (a) In General.--In accordance with such regulations as the 
Attorney General may prescribe, the Federal Government shall consider 
the prosecution of charges in each circumstance described in subsection 
(b).
    (b) Covered Circumstances.--A circumstance described in this 
subsection is any circumstance involving an alleged felony offense of a 
juvenile on a military installation for which legislative jurisdiction 
of such offense of the Federal Government is concurrent with 
legislative jurisdiction of such offense by a State, Commonwealth, 
territory, or possession in which--
            (1) a recommendation to bring charges is initially made to 
        the prosecutor of the State, Commonwealth, territory, or 
        possession concerned; and
            (2) the prosecutor of the State, Commonwealth, territory, 
        or possession declines to bring charges.
    (c) Felony Offense Defined.--In this section, the term ``felony 
offense'' means an offense punishable by a maximum term of imprisonment 
of more than one year.

SEC. 3. ANNUAL REPORTS ON DISPOSITION OF FELONY OFFENSES COMMITTED BY 
              JUVENILES ON MILITARY INSTALLATIONS.

    (a) Annual Reports Required.--Not later than March 31 each year, 
each Secretary concerned shall submit to Congress a report on the 
disposition of alleged felony offenses committed by juveniles on 
military installations under the control of such Secretary, including 
installations in foreign countries, during the previous calendar year.
    (b) Elements.--Each report under this section shall include, for 
the calendar year covered by such report, a list of the alleged felony 
offenses committed by juveniles on military installations under the 
control of the Secretary, aggregated by installation, and with the 
information for each alleged offense as follows:
            (1) Nature of the alleged offense.
            (2) Age and other appropriate data on the alleged offender, 
        including the connection, if any, of the alleged offender to 
        the Armed Forces.
            (3) Age and other appropriate data on each victim, 
        including the connection, if any, of such victim to the Armed 
        Forces.
            (4) Results of the investigation, if any, of the alleged 
        offense by any military, Federal, State, or local law 
        enforcement or criminal investigation organization.
            (5) If as a result of an investigation as described in 
        paragraph (4), a determination was made not to recommend the 
        bringing of charges against the alleged offender, whether to a 
        Federal prosecutor or the prosecutor of a State, Commonwealth, 
        territory, or possession, the justification for such 
        determination.
            (6) If as a result of an investigation as described in 
        paragraph (4), a determination was made to recommend the 
        bringing of charges against the alleged offender to a 
        prosecutor of a State, Commonwealth, territory, or possession, 
        and such prosecutor declined to bring charges, the 
        justification for lack of prosecution.
            (7) If as a result of an investigation as described in 
        paragraph (4), a determination was made to recommend the 
        bringing of charges against the alleged offender to a Federal 
        prosecutor, whether or not the prosecutor subsequently met with 
        the victim or victims as provided for in section 3771 of title 
        18, United States Code.
            (8) If a Federal prosecutor declined to bring charges 
        against the alleged offender despite a recommendation for such 
        charges as described in paragraph (7), the justification for 
        lack of prosecution.
    (c) Coordination With Attorney General.--The Attorney General shall 
take appropriate actions to ensure that information on actions of 
Federal prosecutors that is required for purposes of paragraphs (7) and 
(8) of subsection (b) is submitted promptly to the Secretaries 
concerned for inclusion in the reports required by subsection (a).
    (d) Definitions.--In this section:
            (1) The term ``felony offense'' means an offense punishable 
        by a maximum term of imprisonment of more than one year.
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(a)(9) of title 10, United States Code.
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