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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

(a)

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—

(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 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)

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.

  1. 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. 1661

    Enacted 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.”.

  2. 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”.

  3. 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)”.

  4. 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
  1. 1993Added Pub. L. 103–160, div. A, title V, § 551(a)(1), , 107 Stat. 1661
  2. 1994amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), , 108 Stat. 2855, 2856
  3. 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.)

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