Sec. 1704. Defense counsel interview of victim of an alleged sex-related offense in presence of trial counsel, counsel for the victim, or a Sexual Assault Victim Advocate
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/bill/113/hr/3304/eah/section-1704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— by inserting
(a)before Opportunity To obtain witnesses and other evidence .— The trial counsel ; by striking Process issued and inserting the following: Process issued ; and by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel. If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate. In this subsection, the term alleged sex-related offense means any allegation of— a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or an attempt to commit an offense specified in a paragraph
(1)as punishable under section 880 of this title (article 80). .