Sec. 5105. RIGHTS OF VICTIM
342 words·~2 min read·
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## SEC. 5105 RIGHTS OF VICTIM ###
(a)Designation of Representative Subsection
(c)of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended in the first sentence by striking “the military judge” and all that follows through the end of the sentence and inserting the following: “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.”. ###
(b)Rule of Construction Subsection
(d)of such section (article) is amended— ####
(1)in paragraph (1), by striking “or” at the end; ####
(2)in paragraph (2), by striking the period at the end and inserting “; or”; and ####
(3)by adding at the end the following new paragraph: > > #### “(3) > > to impair the exercise of discretion under sections 830 and 834 of this title (articles 30 and 34).” > . ###
(c)Interview of Victim Such section (article) is amended by adding at the end the following new subsection: > > ### “(f) Counsel for Accused Interview of Victim of Alleged Offense > > > ####
(1)> > Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable. > > > #### “(2) > > If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.” > . # TITLE LII APPREHENSION AND RESTRAINT