[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3767 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3767

To amend Article 32 of the Uniform Code of Military Justice to provide 
victims of sexual assault ``rape shield'' protections and the right to 
             representation by a Special Victims' Counsel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

 Mr. Ryan of Ohio (for himself, Mr. Turner, Ms. Tsongas, Ms. Granger, 
 and Ms. Speier) introduced the following bill; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend Article 32 of the Uniform Code of Military Justice to provide 
victims of sexual assault ``rape shield'' protections and the right to 
             representation by a Special Victims' Counsel.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shield Act''.

SEC. 2. APPEARANCE OF SPECIAL VICTIMS' COUNSEL ON BEHALF OF A SEXUAL 
              ASSAULT VICTIM AT AN ARTICLE 32 INVESTIGATION AND 
              PROHIBITION ON ADMISSION OF CERTAIN EVIDENCE.

    Section 832 of title 10, United States Code (article 32 of the 
Uniform Code of Military Justice) is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c)(1) At the investigation, a Special Victims' Counsel may speak 
on behalf of the victim of an offense described in paragraph (2), when 
the victim has a right to be heard. A victim has a right to be heard 
when specified in the Manual for Courts Martial, but, at a minimum, the 
victim has a right to be heard regarding the privilege described in 
subsection (d).
    ``(2) In this subsection, the term `Special Victims' Counsel' means 
an attorney who has formed an attorney-client relationship with an 
alleged victim of an offense covered by section 920 or 925 of this 
title (article 120 or 125) or of an attempt to commit such an offense, 
as punishable under section 880 of this title (article 80).
    ``(d) An alleged victim of an offense described in subsection 
(c)(2) may not be questioned about any sexual behavior on the part of 
the alleged victim that is not directly related to the charge or 
specification being investigated under this section (article). No 
evidence may be admitted at the investigation for the purpose of 
proving or showing a sexual predisposition on the part of the alleged 
victim.''.
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