,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cdei  ,,in ,,the ,,house ,,of  
,,representatives  ,november #ab1 #bjac 
,ms4 ,speier 7for herself1 ,mr4 ,meehan1
 ,ms4 ,mc,collum1 ,ms4 ,brownley of     
,california1 and ,ms4 ,tsongas7         
introduced the following bill2 which was
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to amend title   
#aj1 ,united ,states ,code1 to provide  
for preliminary hearings on alleged     
offenses under the ,uniform ,code of    
,military ,justice4  #a4 ,short title   
,this ,act may be cited as the ,article 
#cb ,reform ,act4  #b4 ,preliminary     
hearings on alleged offenses under the  
,uniform ,code of ,military ,justice    
7a7 ,preliminary hearings  7#a7 ,in     
general ,section #hcb of title #aj1     
,united ,states ,code 7article #cb of   
the ,uniform ,code of ,military         
,justice71 is amended to read as        
follows3  #hcb4 ,art4 #cb4 ,preliminary 
hearing  7a7  7#a7 ,no charge or        
specification may be referred to a      

general court-martial for trial until a 
judge advocate described in paragraph   
7#b7 conducts a preliminary hearing4    
7#b7 ,a judge advocate may conduct a    
preliminary hearing if the judge        
advocate has a grade equal to or higher 
than the grade of the trial counsel and1
 if the accused is represented by       
military counsel1 the defense counsel   
who will represent the accused at the   
preliminary hearing4  7#c7 ,the         
preliminary hearing shall be limited to 
the purpose of determining whether there
 is probable cause to believe an offense
 has been committed and whether the     
accused committed it4  7#d7 ,after      
conducting the preliminary hearing1 the 
judge advocate conducting the           
preliminary hearing shall prepare a     
report that includes the following3     
7,a7 ,a determination as to             
court-martial jurisdiction over the     
offense and the accused4  7,b7 ,a       
determination as to probable cause4     
7,c7 ,a consideration of the form of    

charges4  7,d7 ,a recommendation as to  
the disposition which should be made of 
the case4  7b7  7#a7 ,the accused shall 
be advised of the charges against the   
accused and of the accused's right to be
 represented by counsel at the          
preliminary hearing4 ,the accused has   
the right to be represented at the      
preliminary hearing as provided in      
section #hch of this title 7article #ch7
 and in regulations prescribed under    
that section4  7#b7 ,at the preliminary 
hearing1 the accused may cross-examine  
adverse witnesses if they are available4
 ,the accused may offer evidence and    
call witnesses relevant to the probable 
cause determination4 ,an objection to   
evidence on the ground that it was      
unlawfully acquired may be noted as part
 of the record4  7#c7 ,a victim of the  
offense may not be required to testify  
at the preliminary hearing4 ,a victim   
who declines to testify shall be deemed 
to be not available for purposes of the 
preliminary hearing4  7#d7 ,the         

presentation of evidence and examination
 of witnesses at a preliminary hearing  
shall be limited to the question of     
probable cause4  7c7 ,any preliminary   
hearing under this section shall be     
recorded by a court reporter or by a    
suitable recording device4 ,a copy of   
the recording and a transcript shall be 
provided to any party1 and the victim of
 the offense and counsel of such victim1
 upon request4  7d7 ,the requirements of
 this section are binding on all persons
 administering this chapter but failure 
to follow them does not constitute      
jurisdictional error4  4  7#b7 ,clerical
 amendment ,the table of sections at the
 beginning of subchapter ,,vi of chapter
 #dg of such title 7the ,uniform ,code  
of ,military ,justice7 is amended by    
striking the item relating to section   
#hcb 7article #cb7 and inserting the    
following new item3  #hcb4 ,art4 #cb4   
,preliminary hearing4  4  7b7           
,conforming amendments  7#a7 ,section   
#hcd7;a77#b7 of such title 7article     

#cd7;b77#b7 of the ,uniform ,code of    
,military ,justice7 is amended by       
striking the report of investigation and
 inserting the report of the preliminary
 hearing4  7#b7 ,section #hch7;b77#a7 of
 such title 7article #ch7;b77#a7 of the 
,uniform ,code of ,military ,justice7 is
 amended by striking an investigation   
and inserting a preliminary hearing4    
7c7 ,effective date ,the amendments made
 by this section shall take effect on   
the date that is one year after the date
 of the enactment of this ,act1 and     
shall apply with respect to offenses    
under chapter #dg of title #aj1 ,united 
,states ,code 7the ,uniform ,code of    
,military ,justice71 that occur on or   
after such effective date4