Sec. 1704. DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN ALLEGED SEX-RELATED OFFENSE IN PRESENCE OF TRIAL COUNSEL, COUNSEL FOR THE VICTIM, OR A SEXUAL ASSAULT VICTIM ADVOCATE

317 words·~1 min read·/statute-compilations/comps-11141/sec-1704

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

## SEC. 1704 DEFENSE COUNSEL INTERVIEW OF VICTIM OF AN ALLEGED SEX-RELATED OFFENSE IN PRESENCE OF TRIAL COUNSEL, COUNSEL FOR THE VICTIM, OR A SEXUAL ASSAULT VICTIM ADVOCATE Section 846 of title 10, United States Code (article 46 of the Uniform Code of Military Justice), is amended— ####

(1)by inserting “(a) Opportunity To Obtain Witnesses and Other Evidence.—”before “The trial counsel”; ####

(2)by striking “ Process issued ” and inserting the following: > > ### “(c) Process > > Process issued” > ; and ####

(3)by inserting after subsection (a), as designated by paragraph (1), the following new subsection (b): > > ### “(b) Defense Counsel Interview of Victim of Alleged Sex-Related Offense > > > ####

(1)> > Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel. > > > #### “(2) > > If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate. > > > #### “(3) > > In this subsection, the term ‘alleged sex-related offense’ means any allegation of— > > > ##### “(A) > > a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or > > > ##### “(B) > > an attempt to commit an offense specified in a paragraph

(1)as punishable under section 880 of this title (article 80).” > .