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(b) Commencement of investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; (2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; and (3) advise the complaint of the commencement of the investigation.
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(c) Duration of investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced.
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(d) Judge Advocate Report
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced. (e) Report on Investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall— (1) submit a final report on the results of the investigation,
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including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation,
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to that next superior officer. (f) Definitions
In this section: (1) Domestic violence
The term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence
The term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ).
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(3) Sexual assault
The term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct
The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this (the Uniform Code of Military Justice),
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comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery.
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(E) Rape. (5) Stalking
The term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family;
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and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim
The term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the armed forces; (B) by or upon a family member of a member of the armed forces; (C) by or upon a person who shares a child in common with a member of the armed forces;
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(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.
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(7) Complaint
The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries
Not later than March 15, 2005, and January 1 of each year thereafter each officer receiving a complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints (including the results of the investigations, in cases of investigations completed during the preceding year).
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(h) Annual report to Secretary of Defense and Congress
(1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking. (2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report.
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The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year.. (b) Clerical Amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers. 1566. Complaints of sexual assault, domestic violence, family violence,
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or stalking: investigation by commanding officers
(a) Action on complaints alleging sexual assault, domestic violence, family violence or stalking
A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives from a victim, or from a member of the command, or a civilian employee under the supervision of the officer or a victim advocate of the Department of Defense a complaint alleging sexual assault, domestic violence, family violence,
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or stalking by a member of the armed forces or a civilian employee of the Department of Defense shall carry out an investigation of the matter in accordance with this section.
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(b) Commencement of investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; (2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; and (3) advise the complaint of the commencement of the investigation.
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(c) Duration of investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced.
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(d) Judge Advocate Report
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced. (e) Report on Investigation
To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall— (1) submit a final report on the results of the investigation,
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including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation,
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to that next superior officer. (f) Definitions
In this section: (1) Domestic violence
The term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence
The term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ).
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(3) Sexual assault
The term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct
The term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this (the Uniform Code of Military Justice),
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comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery.
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(E) Rape. (5) Stalking
The term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family;
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and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim
The term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the armed forces; (B) by or upon a family member of a member of the armed forces; (C) by or upon a person who shares a child in common with a member of the armed forces;
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(D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.
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(7) Complaint
The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries
Not later than March 15, 2005, and January 1 of each year thereafter each officer receiving a complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints (including the results of the investigations, in cases of investigations completed during the preceding year).
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(h) Annual report to Secretary of Defense and Congress
(1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking. (2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report.
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The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year. 302. Response of military law enforcement officials to domestic violence incidents
(a) In general
Chapter 80 of title 10, United States Code, is amended by adding after section 1566, as added by section 301, the following new sections: 1567.
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Domestic violence: responsibilities of military law enforcement officials
(a) Definitions
In this section: (1) Military law enforcement official
The term military law enforcement official means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder.
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(2) Domestic violence
The term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodily injury, or illness or damage to property. (B) Intentional impairment of physical condition. (C) A threat of conduct that would cause bodily injury or damage to property.
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(b) Circumstances requiring arrest
A military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances is present: (A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely. (B) There is evidence of physical injury to the alleged victim. (C) The use of a deadly weapon or dangerous instrument is evident.
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(c) Arresting Officer’s Report
An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observed, if any; (2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; and (3) a statement that a copy of legal rights and notices was given to the victim.
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(d) Law enforcement policies
(1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime.
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(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor.
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In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or arrested or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker.
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(C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment. (2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c).
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Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency’s receipt of the report.
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The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense.
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As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers).
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(B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint.
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You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so.
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You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person’s release. (5) In the development of policies under this subsection, the Secretary and military law enforcement shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents.
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(6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement
(1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report. (2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person’s actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested.
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The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime. (3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the command of the suspect and installation.
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(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) The time and date of the incident. (D) The number of domestic violence calls investigated. (E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children. (F) The type and extent of the abuse.
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(G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of arrests for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military no contact order. (L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.
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(f) Contact prohibitions
(1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; and (B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or command, to contact the alleged victim.
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(2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgement on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody.
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(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence. (g) Conditional release
A person arrested and taken into custody for a domestic violence incident is eligible for conditional release.
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Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2). 1568. Domestic violence: prosecution policies
The staff judge advocate within the Office of the Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses.
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Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or (D) the character, rank, rate, or quality of service of members of the armed forces, officers or employees.
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(2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.
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(3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a armed forces member of the armed forces or officer or employee of the Department of Defense. 1569.
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Domestic violence: education and training
Any education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforcement agencies and organizations with expertise in the recognition and handling of domestic violence incidents shall conduct training on a competitive basis. 1570.
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Domestic violence: annual reports
(a) Reports to Secretaries of the Military Departments
Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation, together with such information as the Secretary may require, including the following: (1) The number of arrests for domestic violence incidents in that judge advocate’s command, compiled and furnished by military law enforcement and military criminal investigators. (2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents.
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(3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories.
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(b) Reports to the Secretary of Defense
Not later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year.
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(c) Reports to congress
Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense during the preceding year.. (b) Clerical Amendment
The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1566, as added by section 301, the following new items: 1567.
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Domestic violence: responsibilities of military law enforcement officials 1568. Domestic violence: prosecution policies 1569. Domestic violence: education and training 1570. Domestic violence: annual reports. (c) Deadline
The Secretary of Defense shall prescribe in regulations the procedures to carry out sections 1567 through 1570 of title 10, United States Code, as added by subsection (a) of this section, not later than 90 days after the date of the enactment of this Act.
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(d) Conforming repeal
(1) Section 1058 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 53 is amended by striking the item relating to section 1058. 1567. Domestic violence: responsibilities of military law enforcement officials
(a) Definitions
In this section: (1) Military law enforcement official
The term military law enforcement official means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder.
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(2) Domestic violence
The term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodily injury, or illness or damage to property. (B) Intentional impairment of physical condition. (C) A threat of conduct that would cause bodily injury or damage to property.
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(b) Circumstances requiring arrest
A military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances is present: (A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely. (B) There is evidence of physical injury to the alleged victim. (C) The use of a deadly weapon or dangerous instrument is evident.
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(c) Arresting Officer’s Report
An officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observed, if any; (2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; and (3) a statement that a copy of legal rights and notices was given to the victim.
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(d) Law enforcement policies
(1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime.
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(B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor.
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In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or arrested or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker.
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(C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment. (2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c).
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Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency’s receipt of the report.
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The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense.
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As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers).
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(B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint.
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You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so.
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You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person’s release. (5) In the development of policies under this subsection, the Secretary and military law enforcement shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents.
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(6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement
(1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report. (2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person’s actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested.
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The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime. (3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the command of the suspect and installation.
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(4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) The time and date of the incident. (D) The number of domestic violence calls investigated. (E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children. (F) The type and extent of the abuse.
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(G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of arrests for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military no contact order. (L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence.
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(f) Contact prohibitions
(1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; and (B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or command, to contact the alleged victim.
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(2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgement on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody.
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(3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence. (g) Conditional release
A person arrested and taken into custody for a domestic violence incident is eligible for conditional release.
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Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2). 1568. Domestic violence: prosecution policies
The staff judge advocate within the Office of the Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses.
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Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or (D) the character, rank, rate, or quality of service of members of the armed forces, officers or employees.
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(2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident.
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(3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a armed forces member of the armed forces or officer or employee of the Department of Defense. 1569.
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Domestic violence: education and training
Any education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforcement agencies and organizations with expertise in the recognition and handling of domestic violence incidents shall conduct training on a competitive basis. 1570.
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Domestic violence: annual reports
(a) Reports to Secretaries of the Military Departments
Each judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation, together with such information as the Secretary may require, including the following: (1) The number of arrests for domestic violence incidents in that judge advocate’s command, compiled and furnished by military law enforcement and military criminal investigators. (2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents.
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(3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories.
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(b) Reports to the Secretary of Defense
Not later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year.
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(c) Reports to congress
Not later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense during the preceding year. 303.
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Investigations of sexual and domestic violence cases involving Department of Defense personnel
(a) Establishment
Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 144. Director of Special Investigations
(a) Appointment
There is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among civilians who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking. The Director reports directly to the Secretary of Defense.
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(b) Senior executive service position
The position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. (c) Duties
Subject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe. (d) Data compliance and reporting
(1) The Director shall obtain, compile, store, monitor,
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and (in accordance with this section) report information on each allegation of domestic violence, family violence, sexual assault, sexual misconduct, or stalking of a member of the armed forces or of a family member of a member of the armed forces against a member of the armed forces, against a family member of a member of the armed forces, or against a civilian not a family member of a member of the armed forces that is received by a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.
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(2) The information compiled pursuant to paragraph (1) shall include the following: (A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. (B) The number of such complaints that are investigated. (C) In the case of each complaint— (i) the organization that investigated the complaint (if investigated); (ii) the disposition of the complaint upon completion or other termination of the investigation; and (iii) the status of results of any judicial action, nonjudicial disciplinary action, or other action taken.
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(D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including— (i) the number disposed of in a court-martial; (ii) the number disposed of in a court of the United States; (iii) the number disposed of in a court of a State or territory of the United States or in a court of a political subdivision of a State or territory of the United States; (iv) the number disposed of by a plea of guilty; (v) the number disposed of by a trial on a contested basis; and (vi) the number disposed of on any other basis.
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(E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. (3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, the Committees on Armed Services and the Committees on the Judiciary of the Senate and House of Representatives, any law enforcement agency concerned, and any court concerned. The information obtained, compiled, and transmitted to Congress shall be made available via an Internet website maintained by the Department of Defense. (e) Direct Investigations
The Director shall investigate each allegation of sexual misconduct, sexual assault, family violence,
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stalking, or domestic violence referred to in subsection (d)(1)— (1) that is made directly to, or that is referred to, the Director, including such an allegation that is made or referred to the Director— (A) by a victim of the alleged sexual misconduct, domestic violence, family violence, sexual assault, or stalking who is a member of the armed forces or a family member of a member of the armed forces; or (B) by an investigative organization of the Department of Defense or one of the military departments;
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or (C) by a commander of a member of the armed forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or (2) that the Secretary directs the Director to investigate. (f) Oversight and quality control of other investigations
(1) The Director shall monitor the conduct of investigations by units, offices, agencies, and other organizations within the Department of Defense regarding allegations of sexual misconduct, sexual assault, domestic violence, family violence and stalking.
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(2) In carrying out paragraph (1), the Director shall inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. (3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, and an evaluation of each investigator and the investigative organization involved in the investigation. (4) The Director shall conduct training within units, offices, agencies, and other organizations within the Department of Defense.
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The training shall include the report entitled Adapting Military Sex Crimes Investigations to Changing Times. The training shall be conducted in collaboration with— (A) individuals or organizations with demonstrated experience and expertise in the organization and management of investigative agencies, including the Federal Law Enforcement Training Center; and (B) individuals and organizations with demonstrated experience and expertise in the dynamics of trauma for victims of domestic violence, sexual assault, family violence, and stalking, including the National Crime Victims Center, the National Crime Victims Law Institute, the Sidran Foundation, and the National Center on Post-Traumatic Stress Disorder.
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(g) Powers
In the performance of the duties set forth or authorized in this section, the Director shall have the following powers: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director. (2) To request such information or assistance as may be necessary for carrying out the Director’s duties from any Federal, State, or local governmental agency or unit thereof.
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