Sec. 1706. PARTICIPATION BY VICTIM IN CLEMENCY PHASE OF COURTS-MARTIAL PROCESS

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## SEC. 1706 PARTICIPATION BY VICTIM IN CLEMENCY PHASE OF COURTS-MARTIAL PROCESS ###

(a)Victim Submission of Matters for Consideration by Convening Authority Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702, is further amended— ####

(1)by redesignating subsections

(d)and

(e)as subsections

(e)and (f), respectively; and ####

(2)by inserting after subsection

(c)the following new subsection: > > ### “(d) > > > ####

(1)> > In any case in which findings and sentence have been adjudged for an offense that involved a victim, the victim shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. > > > #### “(2) > > > #####

(A)> > Except as provided in subparagraph (B), the submission of matters under paragraph

(1)shall be made within 10 days after the later of— > > > ###### “(i) > > the date on which the victim has been given an authenticated record of trial in accordance with section 854(e) of this title (article 54(e)); and > > > ###### “(ii) > > if applicable, the date on which the victim has been given the recommendation of the staff judge advocate or legal officer under subsection (e). > > > ##### “(B) > > In the case of a summary court-martial, the submission of matters under paragraph

(1)shall be made within seven days after the date on which the sentence is announced. > > > #### “(3) > > If a victim shows that additional time is required for submission of matters under paragraph (1), the convening authority or other person taking action under this section, for good cause, may extend the submission period under paragraph

(2)for not more than an additional 20 days. > > > #### “(4) > > A victim may waive the right under this subsection to make a submission to the convening authority or other person taking action under this section. Such a waiver shall be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which a victim may make a submission under this subsection shall be deemed to have expired upon the submission of such waiver to the convening authority or such other person. > > > #### “(5) > > In this section, the term ‘victim’ means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which the convening authority or other person authorized to take action under this section is taking action under this section.” > . ###

(b)Limitations on Consideration of Victim’s Character Subsection

(b)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: > > #### “(5) > > The convening authority or other person taking action under this section shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.” > . ###

(c)Conforming Amendment Subsection (b)(1) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by striking “subsection (d)” and inserting “subsection (e)”.