Sec. 542. Other Special Victims' Counsel matters
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Paragraph (8)(D) of subsection
(b)of section 1044e of title 10, United States Code, 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 sex-related 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 (b)(1) of this section, is amended by striking subsection
(h)and inserting subsection
(i). The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a description and assessment of the manner in which the Department of Defense would implement amendments to section 1044e of title 10, United States Code, that would provide for the following: An expansion of eligibility for Special Victims' Counsel services for victims of alleged domestic violence offenses. An expansion of eligibility for Special Victim's Counsel services to any civilians who are the victim of an alleged sex-related offense or an alleged domestic violence offense, in cases in which the Secretary concerned waives the condition in section 1044(a)(7) of title 10, United States Code, for purposes of such eligibility. The report required by paragraph
(1)shall include a comprehensive description of the additional personnel (including the specific number of additional billets), resources, and training required to implement the amendments described in that paragraph such that such amendments are fully implemented by not later than September 30, 2025. In this subsection: The term alleged sex-related offense has the meaning given that term in section 1044e(g) of title 10, United States Code. The term alleged domestic violence offense means any allegation of— a violation of section 928(b), 928b(1), 928b(5), or 930 of title 10, United States Code (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 such title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member, if specified by any Secretary concerned for purposes of eligibility for legal consultation and assistance by Special Victims' Counsel under the amendments described in paragraph (1); and an attempt to commit an offense specified in clause
(i)or
(ii)as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.
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Sec. 542
Other Special Victims' Counsel matters
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