Section 1 Short title
This Act may be cited as the “Stop Pay for Violent Offenders Act”.
Stop Pay for Violent Offenders Act
A BILL
To amend title 10, United States Code, to authorize the Secretaries of the military departments to suspend the pay and allowances of a member of the Armed Forces who is held in confinement pending trial by court-martial or by civil authority for any sex-related offense or capital offense.
Sec. 2 Suspension of the pay and allowances of a member of the Armed Forces in confinement pending trial for any sex-related offense or capital offense
Section 813 of title 10, United States Code (article 13 of the Uniform Code of Military Justice) is amended—
by striking “No person” and inserting “(1) Except as provided in subsection (b), no person”; and
by adding at the end the following new subsection:
“(b)
“(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall suspend all or a portion of the pay and allowances of a member of the armed forces under the jurisdiction of the Secretary who is being held in confinement pending trial by court-martial or by civil authority for any sex-related offense or capital offense. The requirement to suspend the pay and allowances of certain members under this subsection is consistent with the authority to suspend civilian employees of the Department of Defense without pay under subchapter II of chapter 75 of title 5.
“(2) A member whose pay and allowances are suspended under paragraph (1) is entitled to—
“(A) written notice of the suspension stating the specific reasons for the suspension;
“(B) a reasonable time, but not less than seven days, to request a waiver of the suspension and to furnish affidavits and other documentary evidence in support of the waiver;
“(C) be represented by an attorney or other representative in making such waiver request; and
“(D) a written response by the Secretary of the military department concerned to the waiver request, and if denied, the specific reasons for the denial.
“(3) The Secretary of the military department concerned may provide for a hearing as part of consideration of a waiver request under paragraph (2).
“(4) If a member whose pay and allowances is suspended under this subsection is acquitted of the charges for which the pay and allowances were suspended or the sentence is disapproved, commuted, or suspended, the Secretary of the military department concerned shall pay the member the full amount of pay and allowances withheld. Otherwise, the withheld amounts shall be paid to the victim or, if multiple victims, to the victims of the crime in an equitable manner.
“(5) In this subsection, the term “sex-related offense” means—
“(A) a sexual assault or other offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice), or an attempt to commit such an offense; or
“(B) a comparable offense punishable under other Federal or State law.”