10 U.S.C. § 940a — Art. 140a. Case management; data collection and accessibility

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 313 words · no verdicts yet

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The Defense Secretary, consulting Homeland Security, must set uniform military-justice standards for data, case management, records, and public access. The standards must protect certain personal information, exclude sealed or classified records, and preserve court-martial records for at least 15 years.

(a) General rule. The Defense Secretary, consulting the Homeland Security Secretary, must prescribe uniform standards and criteria for these functions at every military-justice stage, including pretrial, trial, post-trial, and appeal, using Federal and State court best practices where practicable: (1) collecting and analyzing offense and procedure data to support case management, decisions, and periodic reviews under article 146; (2) processing and managing cases; (3) producing and distributing accurate trial records promptly and efficiently; and (4) providing public access to docket information, filings, and records while considering proper limits for judicial proceedings and military records. (b) The publicly accessible materials must restrict access to personally identifying information of minors and crime victims, including sexual-assault and domestic-violence victims, as practicable to the extent Federal and State electronic court systems do. (c) Nothing requires public access to classified, judicially protected, or sealed docket information, filings, or records. (d) The standards must preserve general and special court-martial records for at least 15 years regardless of the proceeding’s outcome.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system (including with respect to the Coast Guard), including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts:

(1)

Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146).

(2)

Case processing and management.

(3)

Timely, efficient, and accurate production and distribution of records of trial within the military justice system.

(4)

Facilitation of public access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.

(b)Protection of Certain Personally Identifiable Information.—

Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.

(c)Inapplicability to Certain Dockets and Records.—

Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.

(d)Preservation of Court-Martial Records Without Regard to Outcome.—

The standards and criteria prescribed by the Secretary of Defense under subsection (a) shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.

Source credit: (Added Pub. L. 114–328, div. E, title LXI, § 5504(a), Dec. 23, 2016, 130 Stat. 2961; amended Pub. L. 116–92, div. A, title V, § 534(a), Dec. 20, 2019, 133 Stat. 1361; Pub. L. 116–283, div. A, title V, § 543, Jan. 1, 2021, 134 Stat. 3613.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2961
2019Amended · Pub. L. 116-92 · 133 Stat. 1361
2021Amended · Pub. L. 116-283 · 134 Stat. 3613

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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