10-U.S.C.-1058
§1058 – Responsibilities of Military Law Enforcement officials At Scenes of Domestic Violence
Pathway
Title 10 > Subtitle A > Part II > Chapter 53 > Section 1058
Details
- Reference: Section 1058
- Legend: §1058 – Responsibilities of Military Law Enforcement officials At Scenes of Domestic Violence
- USCode Year: 2013
Provision Content
(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.
(Added Pub. L. 103–160, div. A, title V, §551(a)(1), Nov. 30, 1993, 107 Stat. 1661; amended Pub. L. 103–337, div. A, title X, §1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
Codification
Other sections 1058 were renumbered sections 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.
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), 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].
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1050 in the Legal Encyclopedia: General Military Law
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10-U.S.C.-1051A in the Legal Encyclopedia: Enlistments
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