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(a) Judge-issued military court protective orders.—Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:

IMPORTANT NOTE: Here is what is contained in Chapter 80 of Title 10:

10 U.S. Code Chapter 80 – MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES

“§ 1567b. Authority of military judges and military magistrates to issue military court protective orders

“(a) Authority to issue military court protective orders.—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a ‘military court protective order’. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.

“(b) Enforcement by civilian authorities.—

“(1) IN GENERAL.—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.

“(2) FULL FAITH AND CREDIT.—Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.

“(3) RECIPROCITY AGREEMENTS.—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—

“(A) such authorities agree to enforce military court protective orders; and

“(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.

“(c) Purpose and form of issuance.—A military court protective order—

“(1) may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and

“(2) shall include—

“(A) a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;

“(B) a finding regarding whether the alleged victim is an intimate partner or child of such person; and

“(C) if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.

“(d) Burden of proof.—In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.

“(e) Timing and manner of issuance.—A military court protective order may be issued—

“(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—

“(A) a victim of an alleged covered offense; or

“(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or

“(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.

“(f) Duration and renewal of protective order.—

“(1) DURATION.—A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).

“(2) EXPIRATION AND RENEWAL.—Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.

“(3) NOTICE TO PROTECTED PERSONS.—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.

“(g) Review of magistrate-issued orders.—

“(1) REVIEW.—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.

“(2) STANDARDS OF REVIEW.—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—

“(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or

“(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.

“(h) Due process.—

“(1) PROTECTION OF DUE PROCESS.—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person’s right to due process.

“(2) EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent’s due process rights.

“(i) Rights of victim.—The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:

“(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.

“(2) The right to be reasonably heard at the proceeding.

“(3) The right to appear in person, with or without counsel, at the proceeding.

“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.

“(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.

“(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.

“(j) Restrictions on access to firearms.—

“(1) IN GENERAL.—Notwithstanding any other provision of law—

“(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and

“(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.

“(2) NOTICE TO ATTORNEYS GENERAL.—

“(A) NOTICE OF ISSUANCE.—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary concerned shall submit a record of the order—

“(i) to the Attorney General of the United States; and

“(ii) to the Attorney General of the State or Territory in which the order is issued.

“(B) NOTICE OF RECISSION OR EXPIRATION.—Not later than 72 hours after the recission or expiration of an order described in paragraph (1), the Secretary concerned shall submit notice of such recission or expiration to the Attorneys General specified in subparagraph (A).

“(k) Treatment as lawful order.—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).

“(l) Command matters.—

“(1) INCLUSION IN PERSONNEL FILE.—Any military court protective order against a member shall be placed and retained in the military personnel file of the member, except that such protective order shall be removed from the military personnel file of the member if the member is acquitted of the offense to which the order pertains, it is determined that the member did not commit the act giving rise to the protective order, or it is determined that the protective order was issued in error.

“(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF ISSUANCE.—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to Federal and State civilian law enforcement agencies as required by that section.

“(m) Relationship to other authorities.—Nothing in this section may be construed as prohibiting—

“(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;

“(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or

“(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).

“(n) Delivery to certain persons.—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:

“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.

“(2) The person subject to the protective order.

“(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.

“(o) Definitions.—In this section:

“(1) CONTACT.—The term ‘contact’ includes contact in person or through a third party, or through gifts,

“(2) COMMUNICATION.—The term ‘communication’ includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.

“(3) COVERED OFFENSE.—The term ‘covered offense’ means the following:

“(A) An alleged offense under section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d of the Uniform Code of Military Justice).

“(B) An alleged offense of stalking under section 930 of this title (article 130 of the Uniform Code of Military Justice).

“(C) An alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice).

“(D) A conspiracy to commit an offense specified in subparagraphs (A) through (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(E) A solicitation to commit an offense specified in subparagraphs (A) through (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

“(F) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(4) MILITARY JUDGE AND MILITARY MAGISTRATE.—The terms ‘military judge’ and ‘military magistrate’ mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.

“(5) PROTECTIVE ORDER.—The term ‘protective order’ means an order that—

“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged covered offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;

“(B) by its terms, explicitly prohibits—

“(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged covered offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;

“(ii) the initiation by the person restrained of any contact or communication with such other person;

“(iii) any other behavior by the person restrained that the court deems necessary to provide for the safety and welfare of the victim of an alleged covered offense, or a family member or associate of the victim; or

“(iv) actions described by any of clauses (i) through (iii).

“(6) SPECIAL VICTIMS’ COUNSEL.—The term ‘Special Victims Counsel’ means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“1567b. Authority of military judges and military magistrates to issue military court protective orders.”.

(c) Implementation.—The President shall prescribe regulations implementing section 1567b of title 10, United States Code (as added by subsection (a)), by not later than one year after the date of the enactment of this Act.

(a) In general.—Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: