Harmony’s Law

Bill: 116-hr-2388
Sponsor: full_name: Rep. Mast, Brian J. [R-FL-18]
Introduced: 2019-04-29
Policy area: Armed Forces and National Security
Subjects: Child safety and welfare

Crimes against children

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Domestic violence and child abuse

House of Representatives

Judicial review and appeals

Military law

Military personnel and dependents

Sex offenses
Latest action: action_date: 2019-04-30
text: Referred to the Subcommittee on Military Personnel.

Summaries:
action_date: 2019-04-29
action_desc: Introduced in House
text: <p><b>Harmony's Law </b></p> <p>This bill eliminates the statute of limitations under the Uniform Code of Military Justice for a child abuse offense. </p> <p>Currently, such charges must be received during the life of the child or within 10 years of the commission of the offense, whichever is longer. </p> <p>The bill retroactively applies to offenses for which the current statute of limitations has not yet lapsed. </p> <p>The Office of General Counsel of the House of Representatives is authorized to file legal briefs supporting the position that prosecution for a rape or sexual assault should not be time-barred, notwithstanding the opinion of the U.S. Court of Appeals for the Armed Forces in <i>United States v. Mangahas</i>, No. 17-0434-AF.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 2388 IN THE HOUSE OF REPRESENTATIVES April 29, 2019 Mr. Mast (for himself, Ms. Stevens , Mr. Posey , Mr. Bilirakis , Mr. Gaetz , Mr. Soto , Mr. Cisneros , Ms. Kuster of New Hampshire , Ms. Castor of Florida , Mr. Diaz-Balart , and Mrs. Demings ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Rules , 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 the Uniform Code of Military Justice to eliminate the statute of limitations for child abuse offenses, and for other purposes.

1. Short title This Act may be cited as Harmony’s Law . 2. Elimination of statute of limitations for child abuse offenses (a) Elimination of limitation period Subparagraph (A) of section 843(b)(2) of title 10, United States Code (article 43(b)(2) of the Uniform Code of Military Justice), is amended to read as follows: (A) A person charged with having committed a child abuse offense against a child may be tried and punished at any time without limitation. . (b) Application The amendment made by subsection (a) shall apply to the prosecution of any child abuse offense (as that term is defined in section 843(b)(2) of title 10, United States Code (article 43(b)(2) of the Uniform Code of Military Justice)) committed before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired. 3. Participation of House of Representatives in cases involving statute of limitations for rape or sexual assault The Office of General Counsel of the House of Representatives, under the direction of the Bipartisan Legal Advisory Group established under clause 8(b) of rule II of the Rules of the House of Representatives, is authorized to take steps to protect the institutional interests of the House of Representatives in any case in which the opinion of the United States Court of Appeals for the Armed Forces regarding the statute of limitations for rape or sexual assault under U.S. v. Mangahas, No. 17–0434–AF, is invoked in a defendant’s appeal, including filing amicus briefs and providing other support for the position that the prosecution of an individual under the Uniform Code of Military Justice for a rape or sexual assault committed before January 6, 2006, should not be time-barred based on such opinion. 4. Sense of Congress on statute of limitations for rape or sexual assault It is the sense of Congress that— (1) the passage of time should not bar the prosecution of rape or sexual assault under the Uniform Code of Military Justice; and (2) the prosecution of an individual under such Code for a rape or sexual assault committed before January 6, 2006, should not be time-barred based on the opinion of the United States Court of Appeals for the Armed Forces in the case U.S. v. Mangahas.