§1058 — Title 10 Armed Forces | U.S. Code

Summary

When military law enforcement at a scene finds that someone was hurt or a deadly weapon or dangerous object was used in a domestic violence incident, they must act right away to stop more harm and, within 24 hours, report the incident to the proper commander and to the local military family advocacy representative. After the commander gets the report, a team of specialists must meet as soon as possible to review the case and tell the commander what to do. The Secretary of Defense, and the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy, must write the rules and define "domestic violence." "Military law enforcement official" — a person allowed under military rules to arrest or bring service members to trial under the Uniform Code of Military Justice.

Title 10, §1058

Armed Forces — Source: USLM XML via OLRC

(a)Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has been inflicted or a deadly weapon or dangerous instrument has been used, that military law enforcement officials—

(1)take immediate measures to reduce the potential for further violence at the scene; and

(2)within 24 hours of the incident, provide a report of the domestic violence to the appropriate commander and to a local military family advocacy representative exercising responsibility over the area in which the incident took place.

(b)Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure that, whenever a report is provided to a commander under subsection (a)(2), a multidisciplinary family advocacy committee meets, with all due practicable speed, to review the situation and to make recommendations to the commander for appropriate action.

(c)The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe by regulation the definition of “domestic violence” for purposes of this section and such other regulations as may be necessary for purposes of this section.

(d)In this section, 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Other section 1058 were renumbered section 1059 and 1060 of this title.

Amendments

2002—Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1994—Pub. L. 103–337, § 1070(b)(3), made technical correction to directory language of Pub. L. 103–160, § 551(a)(1), which enacted this section. Subsec. (d). Pub. L. 103–337, § 1070(a)(4), substituted “subject to the Uniform Code of Military Justice (chapter 47 of this title)” for “subject to this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

of 1994 Amendment Pub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if included in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted. Deadline for Prescribing Procedures Pub. L. 103–160, div. A, title V, § 551(b), Nov. 30, 1993, 107 Stat. 1662, provided that: “The Secretary of Defense shall prescribe procedures to carry out section 1058 of title 10, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act [Nov. 30, 1993].”

§1058 Responsibilities of military law enforcement officials at scenes of domestic violence

Summary

Title 10, §1058

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata