Federal · Title 10 — Armed Forces

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

Civil

What this law says, in plain English

This statute establishes procedural requirements for collecting, managing, and providing public access to military court records while protecting sensitive information about minors and crime victims.

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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). Case processing and management. Timely, efficient, and accurate production and distribution of records of trial within the military justice system. Facilitation of public access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records. 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. 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. 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. Not later than 2 years after the date of the enactment of this Act [ Dec. 23, 2016 ], the Secretary of Defense shall carry out section 940a of title 10 , United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a). Not later than 4 years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10 , United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect.”

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