Sec. 542. Expansion of Special Victims' Counsel for victims of sex-related or domestic violence offenses
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/bill/116/s/1790/eah/section-542A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1044e of title 10, United States Code, is amended— in the section heading, by striking and inserting sex-related ; sex-related or domestic violence by striking alleged sex-related offense each place it appears and inserting alleged sex-related offense or alleged domestic violence offense ; in subsection (a)— in paragraph (1), by striking an individual described in paragraph
(2)and inserting an individual described in paragraph
(3); by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following new paragraph (2): The Secretary concerned shall designate paralegals (to be known as Special Victims’ Counsel Paralegals ) for the purpose of providing paralegal assistance to Special Victims’ Counsel. ; in subsection (b)(2), by inserting or the Family Advocacy Program after Victim Witness Assistance Program ; in subsection (d)(2)— in subparagraph (A)— by striking Special Victims’ Counsel and inserting Special Victims’ Counsel and a Special Victims’ Counsel Paralegal ; and by striking and at the end; in subparagraph (B), by striking Special Victims’ Counsel. and inserting and a Special Victims’ Counsel Paralegal; and ; and by adding at the end the following new subparagraph: ensure that a Special Victims’ Counsel receives the training necessary to meet the needs of a victim of an alleged sex-related offense or an alleged domestic violence offense. ; in subsection (f)(1), by inserting a representative of the Family Advocacy Program, after Sexual Assault Victim Advocate, ; by amending subsection
(g)to read as follows: In this section: 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 928b of this title (article 128b of the Uniform Code of Military Justice); or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). ; and by adding at the end the following new subsections: Not later than two years after the date of enactment of this subsection, the Secretaries concerned shall ensure that the number Special Victims’ Counsel serving in each military department is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed 25 cases at any given time. Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— an analysis of the caseloads of Special Victims’ Counsel and Special Victims’ Counsel Paralegals, respectively; an assessment of the ability of the military departments to fill additional authorized billets for the Special Victims’ Counsel program to meet mission requirements; and a description of how the training requirements for the Special Victims’ Counsel program have been expanded to meet the needs of victims of alleged domestic violence offenses. . The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by striking the item relating to section 1044e and inserting the following new item: 1044e. Special Victims' Counsel for victims of sex-related or domestic violence offenses. .