Sec. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE

383 words·~2 min read·/statute-compilations/comps-17475/sec-549b

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

## SEC. 549B REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE ###

(a)Report Required Not later than one year after the date of the enactment of this Act, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (referred to in this section as the “Advisory Committee”) shall submit to the Committees on Armed Services of the Senate and the House of Representatives and each Secretary concerned a report on the feasibility and advisability of establishing a uniform policy for the sharing of the information described in subsection

(c)with a Special Victims’ Counsel, Victims’ Legal Counsel, or other counsel representing a victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). ###

(b)Elements The report under subsection

(a)shall include the following: ####

(1)An assessment of the feasibility and advisability of establishing the uniform policy described in subsection (a), including an assessment of the potential effects of such a policy on— #####

(A)the privacy of individuals; #####

(B)the criminal investigative process; and #####

(C)the military justice system generally. ####

(2)If the Advisory Committee determines that the establishment of such a policy is feasible and advisable, a description of— #####

(A)the stages of the military justice process at which the information described in subsection

(c)should be made available to counsel representing a victim; and #####

(B)any circumstances under which some or all of such information should not be shared. ####

(3)Such recommendations for legislative or administrative action as the Advisory Committee considers appropriate. ###

(c)Information Described The information described in this subsection is the following: ####

(1)Any recorded statements of the victim to investigators. ####

(2)The record of any forensic examination of the person or property of the victim, including the record of any sexual assault forensic exam of the victim that is in possession of investigators or the Government. ####

(3)Any medical record of the victim that is in the possession of investigators or the Government. ###

(d)Secretary Concerned Defined In this section, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.