Some notes from the NDAA

The NDAA veto having been overridden, look for changes to Articles 6b, 66, 67, 140a.

  • Review amendments.–The amendments made by subsections (b) and (c) shall take effect on the date of the enactment of this Act, and shall apply with respect to any case in which every finding of guilty entered into the record under section 860c of title 10, United States Code (article 60c of the Uniform Code of Military Justice), is for an offense that occurred on or after that date.
  • Standby for “bridge” cases in the same or similar way we have seen bridge cases cause difficulties with instructions and post-trial?
  • Section 549C also SecDef is required to evaluate several recommendations to deal with domestic violence. Two points seem relevant to practitioners.
  • (9) The potential effects of requiring military protective orders to be issued by a military judge, including whether such a requirement would increase the enforcement of military protective orders by civilian law enforcement agencies outside the boundaries of military installations.
  • (10) Whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is—
    • (A) in grade 0-6 or above; and
    • (B) in the chain of command of the accused; and (C) authorized to convene special courts martial.
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