,,ii  #aacth ,,congress  #ast ,session  
,s4 #ajda  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bc1 #bjac
 ,mr4 ,blumenthal introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to amend title   
#aj1 ,united ,states ,code1 to afford   
crime victims' rights to victims of     
offenses under the ,uniform ,code of    
,military ,justice1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,military ,crime    
,victims' ,rights ,act of #bjac4  #b4   
,extension of crime victims' rights to  
victims of offenses under the ,uniform  
,code of ,military ,justice  7a7        
,victims' rights  7#a7 ,in general      
,subchapter ,i of chapter #dg of title  
#aj1 ,united ,states ,code 7the ,uniform
 ,code of ,military ,justice71 is       
amended by adding at the end the        
following new section 7article73        
#hjf;b4 ,art4 #f;b4 ,victims' rights of 
victims of offenses under this chapter  

7a7 ,rights ,any individual who is the  
victim of an offense under this chapter 
7the ,uniform ,code of ,military        
,justice71 regardless of whether such   
individual is a member of the ,armed    
,forces 7in this section referred to as 
a victim of a military crime71 has the  
following rights3  7#a7 ,the right to be
 reasonably protected from the accused4 
7#b7 ,the right to reasonable1 accurate1
 and timely notice of any public        
proceeding in an investigation under    
section #hcb of this title 7article     
#cb71 court-martial1 involuntary plea   
hearing1 pre-sentencing hearing1 or     
parole hearing involving the offense or 
of any release or escape of the accused4
  7#c7 ,the right not to be excluded    
from any such public proceeding1        
referred to in paragraph 7#b7 unless the
 military judge1 after receiving clear  
and convincing evidence1 determines that
 testimony by the victim would be       
materially altered if the victim heard  
other testimony at that proceeding4     

7#d7 ,the right to be reasonably heard  
at any public proceeding referred to in 
paragraph 7#b74  7#e7 ,the reasonable   
right to confer with the trial counsel  
in the case4  7#f7 ,the right to full   
and timely restitution as provided in   
law4  7#g7 ,the right to proceedings    
free from unreasonable delay4  7#h7 ,the
 right to be treated with fairness and  
with respect for the victim's dignity   
and privacy4  7b7 ,rights afforded ,in  
any court-martial proceeding involving  
an offense against a victim of a        
military crime1 the military judge shall
 ensure that the victim is afforded the 
rights described in subsection 7a74     
,before making a determination described
 in subsection 7a77#c71 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 proceeding4    
,the reasons for any decision denying   
relief under this subsection shall be   

clearly stated on the record4  7c7 ,best
 efforts ,to accord rights  7#a7        
,military judges1 trial and defense     
counsel1 military criminal investigation
 organizations1 services1 and personnel1
 and other members and personnel of the 
,department of ,defense engaged in the  
detection1 investigation1 or prosecution
 of offenses under this chapter 7the    
,uniform ,code of ,military ,justice7   
shall make their best efforts to see    
that victims of military crimes are     
notified of1 and accorded1 the rights   
described in that subsection4  7#b7 ,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 7a74 
7#c7 ,notice of release otherwise       
required pursuant to this chapter shall 
not be given if such notice may endanger
 the safety of any person4  7d7         
,enforcement and limitations  7#a7 ,a   
victim of a military crime1 the victim's
 lawful representative1 and the trial   

counsel may assert the rights described 
in subsection 7a74 ,a person accused of 
an offense under this chapter 7the      
,uniform ,code of ,military ,justice7   
may not obtain any form of relief under 
this section with respect to such       
offense4  7#b7 ,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 7a71 the military judge  
shall fashion a reasonable procedure to 
give effect to this section that does   
not unduly complicate or prolong the    
proceedings4  7#c7 ,the rights described
 in subsection 7a7 shall be asserted in 
the court-martial in which the accused  
is being prosecuted for the offense4    
,the military judge shall take up and   
decide any motion asserting a victim's  
right forthwith4 ,if the military judge 
denies the relief sought1 the movant may
 petition the ,court of ,criminal       
,appeals4 ,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 ,appeals4   
,the ,court of ,criminal ,appeals shall 
take up and decide such application     
forthwith within #gb hours after the    
petition has been filed4 ,in no event   
shall proceedings be stayed or subject  
to a continuance of more than five days 
for purposes of enforcing this section4 
,if the ,court of ,criminal ,appeals    
denies the relief sought1 the reasons   
for the denial shall be clearly stated  
on the record in a written opinion4     
7#d7 ,in any appeal in a case under this
 chapter 7the ,uniform ,code of         
,military ,justice71 the ,government may
 assert as error the military judge's   
denial of any victim's right in the     
proceeding to which the appeal relates4 
7#e7 ,in no case shall a failure to     
afford a right under this section       
provide grounds for a new trial4 ,a     
victim may make a motion to re-open a   
plea or sentence only if--  7,a7 the    
victim has asserted the right to be     

heard before or during the proceeding at
 issue and such right was denied2  7,b7 
the victim petitions the ,court of      
,criminal ,appeals for a writ of        
mandamus within #ad days2 and  7,c7 in  
the case of a plea1 the accused has not 
pled to the highest offense charged4    
7#f7 ,nothing in this section shall be  
construed to authorize a cause of action
 for damages or to create1 to enlarge1  
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 damages4 ,nothing in  
this section shall be construed to      
impair the prosecutorial discretion of a
 ,judge ,advocate ,general or any       
officer under his direction4  7e7       
,certain victims ,in the case of a      
victim of a military crime who is under 
#ah years of age1 incompetent1          
incapacitated1 or deceased1 the legal   
guardians of the victim or the          
representatives of the victim's estate1 

family members1 or any other persons    
appointed as suitable by the military   
judge1 may assume the victim's rights   
under this section1 but in no event     
shall an accused be named as such       
guardian or representative4  4  7#b7    
,clerical amendment ,the table of       
sections at the beginning of subchapter 
,i of chapter #dg of such title 7the    
,uniform ,code of ,military ,justice7 is
 amended by adding at the end the       
following new item3  #hjf;b4 ,art4 #f;b4
 ,victims' rights of victims of offenses
 under this chapter4  4  7b7 ,procedures
 ,to promote compliance  7#a7 ,in       
general ,not later than one year after  
the date of the enactment of this ,act1 
the ,secretary of ,defense shall modify 
the ,manual for ,courts-,martial1 and   
prescribe such other regulations as the 
,secretary considers appropriate1 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 #hjf;b of title    
#aj1 ,united ,states ,code 7article #f;b
 of the ,uniform ,code of ,military     
,justice71 as added by subsection 7a74  
7#b7 ,elements ,the modifications and   
regulations issued pursuant to paragraph
 7#a7 shall include the following3  7,a7
 ,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 crimes4  7,b7 ,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 #hjf;b of title #aj1 ,united   
,states ,code 7article #f;b of the      
,uniform ,code of ,military ,justice71  
as so added1 and otherwise assist such  
personnel in responding more effectively
 to the needs of victims of military    
crimes4  7,c7 ,disciplinary sanctions1  

including suspension or termination from
 employment in the case of employees of 
the ,department of ,defense1 for members
 of the ,armed ,forces and other        
personnel of the ,department who        
willfully or wantonly fail to comply    
with section #hjf;b of title #aj1       
,united ,states ,code 7article #f;b of  
the ,uniform ,code of ,military         
,justice71 as so added4  7,d7           
,mechanisms to ensure that the          
,secretary of ,defense shall be the     
final arbiter of a complaint authorized 
pursuant to subparagraph 7,a7 by a      
victim of a military crime that the     
victim was not afforded the rights      
provided under section #hjf;b of title  
#aj1 ,united ,states ,code 7article #f;b
 of the ,uniform ,code of ,military     
,justice71 as so added