Title 10 — Armed Forces
Part II · Chapter 53 — Miscellaneous Rights and Benefits
§ 1058. Responsibilities of military law enforcement officials at scenes of domestic violence
Statutory text
Immediate Actions Required.—
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—
take immediate measures to reduce the potential for further violence at the scene; and
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.
Family Advocacy Committee.—
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.
Regulations.—
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.
Military Law Enforcement Official.—
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–160 div. A title V § 551(a)(1) · 107 Stat. 1547
Enacted · 10 U.S.C. § 1058
Added Pub. L. 103–160, div. A, title V, § 551(a)(1), Nov. 30, 1993, 107 Stat. 1661
Source evidence
Code source credit
Added Pub. L. 103–160, div. A, title V, § 551(a)(1), Nov. 30, 1993, 107 Stat. 1661Enacted provision · exact public law section
(1) Section 53 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1058. Responsibilities of military law enforcement officials Regulations, at scenes of domestic violence “(a) Immediate Actions Required.— Under regulations prescribed pursuant to subsection (c), the Secretary concerned snail 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) Family Advocacy Committee.— 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) Regulations.— The Secretary of Defense, and the Secretary of Transportation 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) Military Law Enforcement Official.— In this section, the term ‘military law enforcement official’ means a person author-ized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder.”.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 1070(b)(3) · 108 Stat. 2663
Changed · 10 U.S.C. § 1058
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(3) 10 USC 1058. Section 551(a)(1) (107 Stat. 1661) is amended by striking out “Section” and inserting in lieu thereof “Chapter”.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 1070(a)(4) · 108 Stat. 2663
Substituted · 10 U.S.C. § 1058(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(4) The section 1058 added by section 551(a) of Public Law 103–160 (107 Stat. 1661) is amended in subsection (d) by striking out “subject to this chapter” and inserting in lieu thereof “subject to the Uniform Code of Military Justice (chapter 47 of this title)”.Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135
Substituted · 10 U.S.C. § 1058(c)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.Enacted provision · exact public law section
(1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.Effective date note
Amendment 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.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Codification
Other sections 1058 were renumbered sections 1059 and 1060 of this title.
Amendments1994–2002 · 2 rounds
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 Amendment
Amendment 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), , 108 Stat. 2856, provided that the amendment made by that section is effective as of , 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), , 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 [].”
Credits
1993–2002 · 3 acts
- 1993Added Pub. L. 103–160, div. A, title V, § 551(a)(1), , 107 Stat. 1661
- 1994amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), , 108 Stat. 2855, 2856
- 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published
(Added Pub. L. 103–160, div. A, title V, § 551(a)(1), , 107 Stat. 1661; amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), , 108 Stat. 2855, 2856; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)