§44-806B. Rights of the victim of an offense under the Oklahoma

693 words·~3 min read·/ok/title-44-militia/44-806b·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Uniform Code of Military Justice.

ARTICLE 6B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.

A. A victim of an offense under the Oklahoma Uniform Code of Military Justice has the following rights:

1. The right to be reasonably protected from the accused;

2. The right to reasonable, accurate and timely notice of any of the following:

a. a public hearing concerning the continuation of

confinement prior to trial of the accused,

b. a preliminary hearing under Section 832 of this title

(Article 32) relating to the offense,

a court-martial relating to the offense,

a public proceeding of the parole board relating to

the offense, and

e. the release or escape of the accused;

3. The right not to be excluded from any public hearing or proceeding described in paragraph 2 of this subsection unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under the Code would be materially altered if the victim heard other testimony at that hearing or proceeding;

4. The right to be reasonably heard at any of the following:

a. a public hearing concerning the continuation of

confinement prior to trial of the accused,

b. a sentencing hearing relating to the offense, and

c. a public proceeding of the parole board relating to

the offense;

5. The reasonable right to confer with the counsel representing the government at any proceeding described in paragraph 2 of this subsection;

6. The right to receive restitution as provided in law;

7. The right to proceedings free from unreasonable delay; and

8. The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under the Code.

B. In this section, the term "victim of an offense under the Code" means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under the Oklahoma Uniform Code of Military Justice.

C. Nothing in this section shall be construed:

1. To authorize a cause of action for damages; or

2. To create, to enlarge, or to imply any duty or obligation to any victim of an offense under the Code or other person for the breach of which the State of Oklahoma or any of its officers or employees could be held liable in damages.

D. Enforcement by Military Court of Appeals.

1. If the victim of an offense under the Code believes that a preliminary hearing ruling under Section 832 of this title (Article 32) or a court-martial ruling violates the rights of the victim afforded by paragraph 4 of subsection A of this section, the victim may petition the Military Court of Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the provisions of paragraph 4 of subsection A of this section.

2. If the victim of an offense under the Code is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for

the offense, the victim may petition the Military Court of Appeals for a writ of mandamus to quash such order.

3. A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Military Court of Appeals, by such means as may be prescribed by regulations promulgated by the Adjutant General, and, to the extent practicable, shall have priority over all other proceedings before the court.

4. Paragraph 1 of this subsection applies with respect to the protections afforded by the following:

a. this section,

b. Section 832 (Article 32) of the Code,

c. Military Rule of Evidence 412, relating to the

admission of evidence regarding a victim's sexual

background,

d. Military Rule of Evidence 513, relating to the

psychotherapist-patient privilege,

e. Military Rule of Evidence 514, relating to the victim

advocate-victim privilege, and

f. Military Rule of Evidence 615, relating to the

exclusion of witnesses. Added by Laws 2019, c. 408, § 12, eff. Oct. 1, 2019.