# Military Justice Improvement and Increasing Prevention Act of 2021

This bill makes changes to how the military handles sexual assault and other serious crimes committed by service members. Right now, military commanders have significant power to decide whether to prosecute crimes, and they can sometimes dismiss cases or reduce sentences. This bill takes some of that power away from commanders and gives it to trained military prosecutors instead, similar to how civilian courts work.

The main change is that serious crimes—especially sexual assault, domestic violence, and murder—would be handled by military lawyers and judges rather than by a service member's commanding officer. This means a commander couldn't simply decide to drop charges or go easy on someone who committed these crimes just because they're a good soldier or officer. Instead, decisions about prosecution would go through a more independent legal process. The bill also requires the military to improve how it investigates these crimes and how it supports victims, making sure survivors get better access to counseling, legal help, and protection from retaliation.

The bill also focuses on prevention by requiring better training for all service members about sexual assault and harassment, and it creates clearer reporting procedures so victims know how and where to report crimes. It also protects people who report crimes from being punished or transferred as retaliation. For military families and service members, this means the military justice system would work more like the civilian system, with more protections for victims and less room for commanders to protect their own people by sweeping serious crimes under the rug.

Military Justice Improvement and Increasing Prevention Act of 2021

Gillibrand, Kirsten E.

Military Justice Improvement and Increasing Prevention Act of 2021 This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.