US Congress House Bill 3360 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 12-4)
Status: Introduced on October 28 2013 - 25% progression, died in committee
Action: 2014-01-24 - Referred to the Subcommittee on Military Personnel.
Pending: House Subcommittee on Military Personnel Committee
Text: Latest bill text (Introduced) [PDF]

Revises provisions concerning pre-trial investigations of charges and specifications under the Uniform Code of Military Justice (UCMJ) to limit such investigation to a determination of whether there is probable cause to believe that the accused committed the specified offense, consideration of the form of charges, and the recommended disposition. Prohibits the purpose of the investigation to be to serve as a discovery tool for the accused. Requires an experienced judge advocate to conduct the investigation, or, in the alternative, to serve as legal advisor to an investigating officer who is not a judge advocate. Requires the accused, prior to the investigation, to be provided: (1) any sworn or signed statement relating to the offense that is in the government's possession; (2) an opportunity to inspect any books, papers, documents, photographs, objects, buildings, places, or scientific tests or experiments that are in the possession, custody, or control of military authorities and are intended to be used as evidence against the accused; and (3) any evidence known to the government counsel that reasonably tends to negate or reduce the guilt of the accused. Requires a complaining witness involved in such investigation to be given the opportunity, but not be required, to testify. Eliminates the accused's right to a reinvestigation of charges upon demand.

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.

Rep. Michael Turner [R-OH]	Rep. Bruce Braley [D-IA]	Rep. Ken Calvert [R-CA]	Rep. Mike Coffman [R-CO]
Sen. Tammy Duckworth [D-IL]	Rep. Joseph Heck [R-NV]	Rep. Ann Kuster [D-NH]	Rep. Nita Lowey [D-NY]
Rep. James McGovern [D-MA]	Rep. Chellie Pingree [D-ME]	Rep. Mark Pocan [D-WI]	Rep. Bobby Rush [D-IL]
Rep. Tim Ryan [D-OH]	Rep. Louise Slaughter [D-NY]	Rep. Mark Takano [D-CA]	Rep. Niki Tsongas [D-MA]

Date	Chamber	Action
2014-01-24	House	Referred to the Subcommittee on Military Personnel.
2013-10-28	House	Referred to the House Committee on Armed Services.

HB3459 (Related) 2014-01-24 - Referred to the Subcommittee on Military Personnel.
SB1644 (Related) 2013-11-05 - Read twice and referred to the Committee on Armed Services.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/3360/all-info
Text	https://www.congress.gov/113/bills/hr3360/BILLS-113hr3360ih.pdf