,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ccfj  ,,in ,,the ,,house ,,of  
,,representatives  ,october #bh1        
#bjac,mr4 ,turner introduced the        
following bill2 which was referred to   
the ,committee on ,armed ,services  ,a  
,,bill  ,to reform ,article #cb of the  
,uniform ,code of ,military ,justice to 
specify the burden of proof applicable  
at the investigative hearing1 the       
required qualifications for the         
investigating officer1 the permitted    
scope of the investigation to assist the
 convening authority1 and the protection
 of witnesses1 and for other purposes4  
#a4 ,pre-trial investigation of charges 
and specifications under ,uniform ,code 
of ,military ,justice  7a7 ,required    
investigation2 ,investigating officer   
,subsection 7a7 of section #hcb of title
 #aj1 ,united ,states ,code 7article #cb
 of the ,uniform ,code of ,military     
,justice71 is amended to read as        
follows3  7a7 7#a7 ,no charge or        
specification may be referred to a      

general court-martial for trial until an
 impartial investigation of the matters 
set forth therein has been made4 ,the   
investigation shall be limited to an    
inquiry to determine whether or not     
there is probable cause to believe that 
the accused committed an offense as set 
forth in the charges1 consideration of  
the form of charges1 and a              
recommendation as to the disposition    
which should be made of the case in the 
interest of justice and discipline4 ,the
 purpose of this investigation shall not
 be to serve as discovery tool for the  
accused4  7#b7 ,an experienced judge    
advocate certified under section        
#hbg7;b7 of this title 7article #bg7;b77
 shall be detailed to conduct the       
investigation under paragraph 7#a71     
except in exceptional cases in which the
 interests of justice dictate the       
detailing of an investigating officer   
who is not a judge advocate4 ,in such   
exceptional cases1 an experienced judge 
advocate certified under section        

#hbg7;b7 of this title 7article #bg7;b77
 shall be detailed to serve as a legal  
advisor to the investigating officer4  4
  7b7 ,limitations on cross-,examination
 of witnesses and presentation of       
evidence by the accused ,subsection 7b7 
of section #hcb of title #aj1 ,united   
,states ,code 7article #cb of the       
,uniform ,code of ,military ,justice7 is
 amended-- 7#a7 by inserting 7#a7 after 
7b72  7#b7 by striking the third        
sentence2 and  7#c7 by adding at the end
 the following new paragraphs3  7#b7    
,prior to the investigation1 the accused
 shall be provided the following3 7,a7  
,any sworn or signed statement relating 
to an offense charged that is in the    
possession of the ,government4  7,b7 ,an
 opportunity to inspect any books1      
papers1 documents1 photographs1 tangible
 objects1 buildings1 or places1 or      
copies of portions thereof1 that are in 
the possession1 custody1 or control of  
military authorities and are intended to
 be used by the prosecution as evidence 

at the hearing or were obtained from or 
belonged to the accused4  7,c7 ,any     
scientific tests or experiments1 or     
copies thereof1 that are in the         
possession1 custody1 or control of      
military authorities and are intended to
 be used by the prosecution as evidence 
at the hearing4  7,d7 ,information      
regarding of the existence of any       
evidence known to the ,government       
counsel that reasonably tends to negate 
the guilt of the accused of an offense  
charged or reduce the degree of guilt of
 an offense charged4  7#c7 ,at the      
investigation1 the accused shall have   
the opportunity to cross-examine a      
witness about the matters set forth in  
the charge or specification if the      
witness is available1 and to present    
evidence relevant to the investigation4 
,the investigating officer shall examine
 relevant available witness and relevant
 evidence requested by the accused4     
7#d7 ,notwithstanding paragraph 7#c71 if
 the investigation of charges under this

 section 7article7 involves a           
complaining witness1 the complaining    
witness shall be given the opportunity  
to testify at the investigation1 but    
shall not be required to testify at the 
investigation4 ,if the complaining      
witness declines to testify at the      
investigation1 the complaining witness  
shall be deemed to be unavailable as a  
witness for purposes of the             
investigation4  7#e7 ,in this           
subsection1 the term complaining witness
 means a person who-- 7,a7 is alleged to
 have suffered a direct physical1       
emotional1 or pecuniary harm as a result
 of the matters set forth in a charge or
 specification being investigated2 and  
7,b7 is named in one of the             
specifications4  4  7c7 ,elimination of 
entitlement to reinvestigation          
,subsection 7c7 of section #hcb of title
 #aj1 ,united ,states ,code 7article #cb
 of the ,uniform ,code of ,military     
,justice7 is amended by striking unless 
it is demanded and all that follows     

through in his own behalf4  7d7         
,application of amendments ,the         
amendments made by this section shall   
take effect on the date that is #ahj    
days after the date of the enactment of 
this ,act and shall apply with respect  
to charges preferred under section #hcj 
of title #aj1 ,united ,states ,code     
7article #cj of the ,uniform ,code of   
,military ,justice7 on or after the date
 of the enactment of this ,act4