Heller Announces Support for Gillibrand's Military Sexual Assault Legislation

Press Release

Today, U.S. Senator Dean Heller (R-NV) announced support for Senator Kirsten Gillibrand's (D-NY) bipartisan Military Justice Improvement Act (S. 967). Heller and Gillibrand joined numerous Senators, as well as victims of military sexual assault, for a media event urging the Senate to pass the legislation earlier today.

"After much deliberation, and after extensive conversations with victims and Senators from both sides of the issue, I believe that the Military Justice Improvement Act is the best path forward. From Senator Rand Paul to Senator Barbara Boxer, this legislation transcends party lines. Ensuring victims are confident in reporting crimes and protecting them from retaliation must be a top priority," said Senator Dean Heller. "Our military is the greatest fighting force the world has ever known. The Gillibrand amendment makes it even better."

The Military Justice Improvement Act:
- Moves the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave.
- Provides the offices of the military chiefs of staff with the authority and discretion to establish courts, empanel juries, and choose judges to hear cases (i.e. convening authority).
- Does not amend Article 15. Commanding officers will still be able to order non-judicial punishment for lesser offenses not directed to trial by the prosecutors.
- Allows professional military prosecutors who are trained legal experts to handle sexual assault cases.
- Frees up commanders to focus on the mission and preparedness of the unit, rather than guiding a complex legal case through the military's justice system.
- Strikes the UCMJ's Article 60 so that the convening authority may not (a) set aside a guilty finding or (b) change a finding of guilty to a lesser included offense.

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