S. 1041 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1041 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to afford crime victims' rights to victims of offenses under the Uniform Code of Military Justice, and for other purposes. 1. Short title This Act may be cited as the Military Crime Victims' Rights Act of 2013. 2. Extension of crime victims' rights to victims of offenses under the Uniform Code of Military Justice (a) Victims' rights (1) In general Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): 806b. Art. 6b. Victims' rights of victims of offenses under this chapter (a) Rights Any individual who is the victim of an offense under this chapter (the Uniform Code of Military Justice), regardless of whether such individual is a member of the Armed Forces (in this section referred to as a victim of a military crime), 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 public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused. (3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding referred to in paragraph (2). (5) The reasonable right to confer with the trial counsel in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. (b) Rights afforded In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record. (c) Best efforts To accord rights (1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that victims of military crimes are notified of, and accorded, the rights described in that subsection. (2) The trial counsel in a case shall advise the victim that the victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations (1) A victim of a military crime, the victim's lawful representative, and the trial counsel may assert the rights described in subsection (a). A person accused of an offense under this chapter (the Uniform Code of Military Justice) may not obtain any form of relief under this section with respect to such offense. (2) In a case where the military judge finds that the number of victims makes it impracticable to accord all of the victims the rights described in subsection (a), the military judge shall fashion a reasonable procedure to give effect to this section that does not unduly complicate or prolong the proceedings. (3) The rights described in subsection (a) shall be asserted in the court-martial in which the accused is being prosecuted for the offense. The military judge shall take up and decide any motion asserting a victim's right forthwith. If the military judge denies the relief sought, the movant may petition the Court of Criminal Appeals. The Court of Criminal Appeals may issue the writ on the order of a single judge pursuant to the rules of the Court of Criminal Appeals. The Court of Criminal Appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this section. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. (4) In any appeal in a case under this chapter (the Uniform Code of Military Justice), the Government may assert as error the military judge's denial of any victim's right in the proceeding to which the appeal relates. (5) In no case shall a failure to afford a right under this section provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if— (A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied; (B) the victim petitions the Court of Criminal Appeals for a writ of mandamus within 14 days; and (C) in the case of a plea, the accused has not pled to the highest offense charged. (6) Nothing in this section shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this section shall be construed to impair the prosecutorial discretion of a Judge Advocate General or any officer under his direction. (e) Certain victims In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim's estate, family members, or any other persons appointed as suitable by the military judge, may assume the victim's rights under this section, but in no event shall an accused be named as such guardian or representative. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item: 806b. Art. 6b. Victims' rights of victims of offenses under this chapter. . (b) Procedures To promote compliance (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a). (2) Elements The modifications and regulations issued pursuant to paragraph (1) shall include the following: (A) The designation of an administrative authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes. (B) A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department that fail to comply with section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added, and otherwise assist such personnel in responding more effectively to the needs of victims of military crimes. (C) Disciplinary sanctions, including suspension or termination from employment in the case of employees of the Department of Defense, for members of the Armed Forces and other personnel of the Department who willfully or wantonly fail to comply with section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added. (D) Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded the rights provided under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added