Sec. 564. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice
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/bill/113/s/1197/pcs/section-564·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall recommend to the President modifications to the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes as specified in subsection
(b)and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations to enforce such rights. The rights of victims of military crimes specified in this subsection are the following rights: The right to be reasonably protected from the accused. The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused. The right not to be excluded from any public proceeding referred to in paragraph
(2)unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. The right to be reasonably heard at any public proceeding referred to in paragraph (2). The reasonable right to confer with the trial counsel in the case. The right to full and timely restitution as provided in law. The right to proceedings free from unreasonable delay. The right to be treated with fairness and with respect for the victim's dignity and privacy. For purposes of the recommendations and regulations required by subsection (a), a victim of a military crime shall be any person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of— an offense under chapter 47 of the Uniform Code of Military Justice; or a violation of any other law if any portion of the investigation of such violation is conducted primarily by an element of the Department of Defense. For such purposes, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, a victim of a military crime includes one of the following (in order of precedence): a spouse, legal guardian, parent, child, sibling, another family member, or another person designated by the military judge or other appropriate authority. For such purposes, if a victim is an institutional entity, the victim of a military crime is an authorized representative of the entity. For such purposes, departments and agencies of the Federal Government, and agencies of State and local governments, are not victims of military crimes. The recommendations and regulations required by subsection
(a)shall include the following: Mechanisms for ensuring that victims of military crimes are afforded the rights specified in subsection
(b)in all applicable proceedings. Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense (including military judges, trial counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)) make their best efforts to see that victims of military crimes are notified of, and accorded, the rights specified in subsection
(b)in all applicable proceedings. Mechanisms for the enforcement of such rights, including such mechanisms for application for such rights and for consideration and disposition of applications for such rights as the Secretary of Defense considers appropriate. The designation of an authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes. Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense who willfully or wantonly fail to comply with requirements relating to the rights of victims of military crimes. Such other mechanisms as the Secretary of Defense considers appropriate.