Sec. 546. Participation by victim in punitive proceedings and access to records
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/bill/114/hr/1735/rh/section-546A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection: For any offense that involves a victim, in any case in which a commanding officer or other person authorized to act under this section (article) is considering imposing a punishment authorized in subsection
(b)on a member of the command, mitigation of a punishment under subsection (d), or an appeal of a punishment under subsection (e), the victim shall be provided an opportunity to submit written matters for consideration by the person authorized to act under this section (article). The victim shall be notified of a commander’s decision to consider a punishment, consider mitigating a punishment, or consider an appeal under this section (article). The victim shall also be notified of the opportunity to submit matters for consideration under this subsection. The submission of matters under paragraph
(1)shall be made within the three-day period the accused is given to seek legal counsel. A victim may waive the right under this subsection to make a submission to the commanding officer or other person taking action under this section (article). Such a waiver shall be made in writing and may not be revoked. In the case of proceedings under this section (article) for an offense that involved a victim, a copy of all prepared records of the proceedings, including a written copy of any admonition or reprimand, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection. In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which a commanding officer or other person authorized to take action under this section (article) is taking action under this section (article). This subsection applies only with respect to the Department of Defense. . Chapter 59 of title 10, United States Code is amended by adding at the end the following new section: Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that, when administrative separation is considered for a member of the of the Army, Navy, Air Force, or Marine Corps in connection to an offense that involved a victim, the person or board authorized to provide recommendations and act on recommendations for retention or separation under this chapter must consider the impact of the offense on the victim and the views of the victim on retention. Such regulations shall ensure that victims are provided an opportunity to submit written matters for consideration, including, but not limited to, written testimony, to the person or board authorized to provide recommendations and act on recommendations for administrative separation proceedings under this chapter. A victim may waive the right under this section to make a submission. Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned shall ensure that a copy of all prepared records of the proceedings, including, but not limited to, the decision on retention or separation and any written explanation thereof, shall be given to the victim without charge and as soon as a decision is finalized. The victim shall be notified of the opportunity to receive the records of the proceedings under this subsection. In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which the armed forces are considering administrative separation or retention. . Section 1185 of title 10, United States Code, is amended by adding at the end the following new subsections: Under regulations prescribed by the Secretary of Defense, when a board of inquiry is held under this section for an officer of the Army, Navy, Air Force, or Marine Corps in connection with an offense that involved a victim, the board of inquiry— shall consider the impact of the offense on the victim and the views of the victim on retention; shall provide victims an opportunity to submit matters for consideration, including in-person testimony, although a victim may waive the right under this subsection to make a submission; and shall provide victims with all prepared records of the proceedings, including the decision on retention or separation and any written explanation thereof. When a record is withheld under subsection (a)(4), the victim shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. In this section, the term victim means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under chapter 47 of this title (the Uniform Code of Military Justice) and on which an officer is required to show cause for retention on active duty under section 1181 of this title.” .