[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1041 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1041

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.


_______________________________________________________________________


                   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.

    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 ``Military Crime Victims' Rights Act 
of 2013''.

SEC. 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):
``Sec. 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
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