10 U.S.C. § 1058

Responsibilities of military law enforcement officials at scenes of domestic violence

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(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.)Editorial NotesCodification

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”.

Statutory Notes and Related SubsidiariesEffective 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].”

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1994–2023 · leading case: United States v. Brown, 40 M.J. 625 (1994).

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United States v. Brown, 40 M.J. 625 (1994). · cites it 2× “1547 , 1661 (1993) (to be codified at 10 U.S.C. § 1058 ). The same legislation authorized the Secretary of Defense to pay “transitional compensation” to dependent-victims when a servicemember, ineligible for retirement, is separated from active duty or suffers total forfeitures…”

Akacem v. Garcia (D. Maryland 2023). “5(d)(6)(i) (2022) (pursuant to the authority provided by 10 U.S.C. § 1058 (b), defining IDCs and providing for the appointment of members of IDCs in support of Family Advocacy Programs).”

United States v. Pingree, 39 M.J. 884 (1994). · cites it 2× “§ 1408 and 10 U.S.C. § 1058 . Note there are three sections 1058 enacted and we refer to the section 1058 entitled: Dependents of members separated for dependent abuse: transitional compensation.”

Matthews v. United States (D. Guam 2011). “10 U.S.C. § 1058 . Page 8 of 16 Opinion and Order re: Motion to Dismiss for Lack of Subject Matter Jurisdiction 1 Docket No.”

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