Sec. 535. Enforcement of crime victims’ rights related to protections afforded by certain Military Rules of Evidence
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/bill/113/hr/4435/rh/section-535·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence. The Court of Criminal Appeals may issue the writ on the order of a single judge and shall take up and decide the petition within 72 hours after the petition has been filed. Paragraph
(1)applies with respect to the protections afforded by the following: Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background. Court-martial proceedings may not be stayed or subject to a continuance of more than five days for purposes of enforcing this subsection. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. .