Sec. 3. Special Victims' Counsel matters
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Section 1044e of title 10, United States Code, is amended— by striking alleged sex-related offense each place it appears and inserting alleged covered offense ; and by striking subsection
(g)and inserting the following new subsection (g): In this section: The term alleged covered offense means any of the following: An alleged sex-related offense. An alleged domestic violence offense. The term alleged sex-related offense means any allegation of— a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or an attempt to commit an offense specified in a subparagraph
(A)as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). The term alleged domestic violence offense means any allegation of— a violation of section 928(b), 928b(1), 928b(5), or 930 of this title (article 128(b), 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; a violation of any other provision of subchapter X of chapter 47 of this title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member, as specified by the Secretary concerned for purposes of eligibility for legal consultation and assistance by Special Victims' Counsel under the jurisdiction of such Secretary under this section; or an attempt to commit an offense specified in a subparagraph
(A)or
(B)as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). . The heading of such section is amended to read as follows: . the table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1044e and inserting the following new item: 1044e. Special Victims' Counsel: victims of sex-related offenses; victims of domestic violence offenses. . Subsection (a)(2) of section 1044e of such title, as amended by subsection (a)(1) of this section, is further amended by striking subparagraph
(C)and inserting the following new subparagraph (C): Any civilian individual not covered by subparagraph
(A)or
(B)who is the victim of an alleged covered offense if the Secretary of Defense or the Secretary of the military department concerned waives any condition in such section for the purposes of offering Special Victims' Counsel services to such individual. . Paragraph (8)(D) of subsection
(b)of such section is amended by striking and other and inserting , section 1408(h) of this title, and other . Subsection
(b)of such section is amended further— by redesignating paragraph
(10)as paragraph (11); and by inserting after paragraph
(9)the following new paragraph (10): Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal proceedings, including— in understanding the rights and protections afforded to victims of retaliation; in the filing of complaints; and in any resulting military justice proceedings. . Such section is further amended— by redesignating subsections
(d)through
(h)as subsections
(e)through (i), respectively; and by inserting after subsection
(c)the following new subsection (d): In providing legal consultation and representation to a victim under this section in connection with an alleged covered offense that occurs in the United States, a Special Victims' Counsel shall have the duty— to solicit the victim's preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense; and to make the victim's preference, if offered, known to appropriate military prosecutors. Any consultation by a Special Victims' Counsel pursuant to paragraph
(1)shall occur in accordance with the process for such consultation established pursuant to section 534(b) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 10 U.S.C. 1044e note) or such other process as the Secretary of Defense shall establish for that purpose. . Paragraph
(11)of subsection
(b)of such section, as redesignated by subsection (d)(1) of this section, is amended by striking subsection
(h)and inserting subsection
(i). Commencing October 1, 2019, each Secretary concerned shall establish and maintain such additional military and civilian billets for legal counsel and paralegals as such Secretary considers appropriate in order to ensure that each Armed Force under the jurisdiction of such Secretary is appropriately staffed to provide legal counsel and assistance required under section 1044e of title 10, United States Code, by reason of the amendments made by this section by not later than September 30, 2025. Each Secretary concerned shall provide military and civilian legal personnel under the jurisdiction of such Secretary such training as the Secretary considers appropriate for the provision of legal counsel and assistance required under section 1044e of title 10, United States Code, by reason of the amendments made by this section. To the extent practicable, the training provided pursuant to this paragraph shall be uniform across the Armed Forces. Each Secretary concerned shall consult with the Judge Advocate General concerned regarding the additional number of billets required pursuant to paragraph
(1)and the training to be provided pursuant to paragraph (2). Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report setting forth the plan of such Secretary to modify the Special Victims' Counsel program under the jurisdiction of such Secretary in order to meet the requirement in paragraph
(1)by the deadline specified in that paragraph. Each report shall set forth, for the Special Victims' Counsel program concerned, the number of additional military billets and additional civilian billets the Secretary concerned requires to establish and maintain under paragraph
(1)in order to meet the requirement in that paragraph by the deadline specified in that paragraph. In this subsection: The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code. The term Judge Advocate General has the meaning given that term in section 801(1) of title 10, United States Code (article 1(1) of the Uniform Code of Military Justice).
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Sec. 3
Special Victims' Counsel matters
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