Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 806b. Art. 6b. Rights of the victim of an offense under this chapter
Statutory text
Rights of a Victim of an Offense Under This Chapter.—
A victim of an offense under this chapter has the following rights:
The right to be reasonably protected from the accused.
The right to reasonable, accurate, and timely notice of any of the following:
A public hearing concerning the continuation of confinement prior to trial of the accused.
A preliminary hearing under section 832 of this title (article 32) relating to the offense.
A court-martial relating to the offense.
A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.
A public proceeding of the service clemency and parole board relating to the offense.
The release or escape of the accused, unless such notice may endanger the safety of any person.
The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
The right to be reasonably heard at any of the following:
A public hearing concerning the continuation of confinement prior to trial of the accused.
A sentencing hearing relating to the offense.
A public proceeding of the service clemency and parole board relating to the offense.
The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
The right to receive restitution as provided in law.
The right to proceedings free from unreasonable delay.
The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.
The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.
Victim of an Offense Under This Chapter Defined.—
In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.
Appointment of Individuals to Assume Rights for Certain Victims.—
In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section. However, in no event may the individual so designated be the accused.
Rule of Construction.—
Nothing in this section (article) shall be construed—
to authorize a cause of action for damages;
to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages; or
to impair the exercise of discretion under sections 830 and 834 of this title (articles 30 and 34).
Enforcement by Court of Criminal Appeals.—
If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals.
Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.
Paragraph (1) applies with respect to the protections afforded by the following:
This section (article).
Section 832 (article 32) of this title.
Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.
Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
Military Rule of Evidence 615, relating to the exclusion of witnesses.
Counsel for Accused Interview of Victim of Alleged Offense.—
Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable.
If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title XVII § 1701(a)(1) · 127 Stat. 672
Enacted · 10 U.S.C. § 806b
Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1), Dec. 26, 2013, 127 Stat. 952
Source evidence
Code source credit
Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1), Dec. 26, 2013, 127 Stat. 952Enacted provision · exact public law section
(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. Rights of the victim of an offense under this chapter “(a) Rights of a Victim of an Offense Under This Chapter.— A victim of an offense under this chapter 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 of the following: “(A) A public hearing concerning the continuation of confinement prior to trial of the accused. “(B) A preliminary hearing under section 832 of this title (article 32) relating to the offense. “(C) A court-martial relating to the offense. “(D) A public proceeding of the service clemency and parole board relating to the offense. “(E) The release or escape of the accused, unless such notice may endanger the safety of any person. “(3) The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding. “(4) The right to be reasonably heard at any of the following: “(A) A public hearing concerning the continuation of confinement prior to trial of the accused. “(B) A sentencing hearing relating to the offense. “(C) A public proceeding of the service clemency and parole board relating to the offense. “(5) The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2). “(6) The right to receive 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 dignity and privacy of the victim of an offense under this chapter. “(b) Victim of an Offense Under This Chapter Defined.— In this section, the term ‘victim of an offense under this chapter’ means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter (the Uniform Code of Military Justice). “(c) Legal Guardian for Certain Victims.— In the case of a victim of an offense under this chapter who is under 18 years of age, incompetent, incapacitated, or deceased, the military judge shall designate a legal guardian from among the representatives of the estate of the victim, a family member, or other suitable person to assume the victim’s rights under this section. However, in no event may the person so designated be the accused. “(d) Rule of Construction.— Nothing in this section (article) shall be construed— “(1) to authorize a cause of action for damages; or “(2) to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages.” .Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 531(f)(1) · 128 Stat. 3292
Substituted · 10 U.S.C. § 806b(b)
Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”.Enacted provision · exact public law section
(1) Clarification of limitation on definition of victim to natural persons.— Subsection (b) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by section 1701 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 952), 10 USC 806b. is amended by striking “a person” and inserting “an individual”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 531(f)(2) · 128 Stat. 3292
Substituted · 10 U.S.C. § 806b(c)
Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text
Inserted · 10 U.S.C. § 806b(c)
Pub. L. 113–291, § 531(f)(2), in heading, inserted “(but who is not a member of the armed forces)” after “under 18 years of age”
Substituted · 10 U.S.C. § 806b(c)
Pub. L. 113–291, § 531(f)(2), in heading, substituted “designate a representative” for “designate a legal guardian from among the representatives”
Substituted · 10 U.S.C. § 806b(c)
Pub. L. 113–291, § 531(f)(2), in heading, substituted “another suitable individual” for “other suitable person”
Substituted · 10 U.S.C. § 806b(c)
Pub. L. 113–291, § 531(f)(2), in heading, substituted “the individual” for “the person”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text, inserted “(but who is not a member of the armed forces)” after “under 18 years of age” and substituted “designate a representative” for “designate a legal guardian from among the representatives”, “another suitable individual” for “other suitable person”, and “the individual” for “the person”.Enacted provision · exact public law section
(2) Clarification of authority to appoint individuals to assume rights of certain victims.— Subsection (c) of such section is amended— (A) in the heading, by striking “Legal Guardian” and inserting “Appointment of Individuals to Assume Rights”; (B) by inserting “(but who is not a member of the armed forces)” after “under 18 years of age”; (C) by striking “designate a legal guardian from among the representatives” and inserting “designate a representative”; (D) by striking “other suitable person” and inserting “another suitable individual”; and (E) by striking “the person” and inserting “the individual”.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 535 · 128 Stat. 3292
Added · 10 U.S.C. § 806b(e)
Pub. L. 113–291, § 535, added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e).Enacted provision · exact public law section
SEC. 535. ENFORCEMENT OF CRIME VICTIMS’ RIGHTS RELATED TO PROTECTIONS AFFORDED BY CERTAIN MILITARY RULES OF EVIDENCE. Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(e) Enforcement by Court of Criminal Appeals.— (1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence. “(2) Paragraph (1) applies with respect to the protections afforded by the following: “(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. “(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.” .National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title V § 531 · 129 Stat. 726
Amended · 10 U.S.C. § 806b(e)
Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows:“(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence. “(2) Paragraph (1) applies with respect to the protections afforded by the following: “(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. “(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.”
Enacted provision · exact public law section
SEC. 531. ENFORCEMENT OF CERTAIN CRIME VICTIM RIGHTS BY THE COURT OF CRIMINAL APPEALS. Subsection (e) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended to read as follows: “(e) Enforcement by Court of Criminal Appeals.— (1) If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule. “(2) If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order. “(3) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court. “(4) Paragraph (1) applies with respect to the protections afforded by the following: “(A) This section (article). “(B) Section 832 (article 32) of this title. “(C) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background. “(D) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege. “(E) Military Rule of Evidence 514, relating to the victim advocate-victim privilege. “(F) Military Rule of Evidence 615, relating to the exclusion of witnesses.” .Military Justice Act of 2016
Pub. L. 114–328 § 5203(e)(1) · 130 Stat. 2000
Substituted · 10 U.S.C. § 806b(a)(3)
Pub. L. 114–328, § 5203(e)(1), substituted “preliminary hearing officer” for “investigating officer”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 114–328, § 5203(e)(1), substituted “preliminary hearing officer” for “investigating officer”.Enacted provision · exact public law section
(1) Section 806b(a)(3) of title 10, United States Code (article 6b(a)(3) of the Uniform Code of Military Justice).Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.Military Justice Act of 2016
Pub. L. 114–328 § 5105(a) · 130 Stat. 2000
Substituted · 10 U.S.C. § 806b(c)
Pub. L. 114–328, § 5105(a), substituted “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.” for “the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 5105(a), substituted “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.” for “the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section.”Enacted provision · exact public law section
(a) Designation of Representative.— Subsection (c) of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended in the first sentence by striking “the military judge” and all that follows through the end of the sentence and inserting the following: “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.”.Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.Military Justice Act of 2016
Pub. L. 114–328 § 5105(b) · 130 Stat. 2000
Added · 10 U.S.C. § 806b(d)(3)
Pub. L. 114–328, § 5105(b), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 114–328, § 5105(b), added par. (3).Enacted provision · exact public law section
(b) Rule of Construction.— Subsection (d) of such section (article) is amended— (1) in paragraph (1), by striking “or” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new paragraph: “(3) to impair the exercise of discretion under sections 830 and 834 of this title (articles 30 and 34).” .Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.Military Justice Act of 2016
Pub. L. 114–328 § 5105(c) · 130 Stat. 2000
Added · 10 U.S.C. § 806b(f)
Pub. L. 114–328, § 5105(c), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–328, § 5105(c), added subsec. (f).Enacted provision · exact public law section
(c) Interview of Victim.— Such section (article) is amended by adding at the end the following new subsection: “(f) Counsel for Accused Interview of Victim of Alleged Offense.— (1) Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable. “(2) If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.” .Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(c)(1)(B) · 131 Stat. 1283
Struck · 10 U.S.C. § 806b(b)
Pub. L. 115–91, § 1081(c)(1)(B), which directed striking out “(the Uniform Code of Military Justice)” after “this chapter”, was not executed in light of the prior amendment by section 1081(a)(22) of Pub. L. 115–91, to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2017 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(B), which directed striking out “(the Uniform Code of Military Justice)” after “this chapter”, was not executed in light of the prior amendment by section 1081(a)(22) of Pub. L. 115–91, to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2017 Amendment note below.Enacted provision · exact public law section
(B) Subsection (b) of section 806b (article 6b), as amended by section 5105 of the Military Justice Act of 2016 (130 Stat. 2895) is amended by striking “(the Uniform Code of Military Justice)”.Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(22) · 131 Stat. 1283
Struck · 10 U.S.C. § 806b(b)
Pub. L. 115–91, § 1081(a)(22), struck out “(the Uniform Code of Military Justice)” after “this chapter”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 1081(a)(22), struck out “(the Uniform Code of Military Justice)” after “this chapter”.Enacted provision · exact public law section
(22) Section 806b(b) (article 6b(b) of the Uniform Code of Military Justice) is amended by striking “(the Uniform Code of Military Justice)”.Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 531(a) · 131 Stat. 1283
Amended · 10 U.S.C. § 806b(e)(3)
Pub. L. 115–91, § 531(a), designated existing provisions as subpar. (A)
Substituted · 10 U.S.C. § 806b(e)(3)
Pub. L. 115–91, § 531(a), substituted “prescribed by the President, subject to section 830a of this title (article 30a)” for “prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court”
Added · 10 U.S.C. § 806b(e)(3)
Pub. L. 115–91, § 531(a), added subpars. (B) and (C)
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 115–91, § 531(a), designated existing provisions as subpar. (A), substituted “prescribed by the President, subject to section 830a of this title (article 30a)” for “prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court”, and added subpars. (B) and (C).Enacted provision · exact public law section
(a) Enforcement of Rights of Victims of Offenses Under UCMJ.— Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended— (1) by inserting “(A)” after “(3)”; (2) by striking “President, and, to the extent practicable, shall have priority over all other proceedings before the court.” and inserting the following; “President, subject to section 830a of this title (article 30a).”; and (3) by adding at the end the following new subparagraphs: “(B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals. “(C) Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.” .Effective date note
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title V § 541 · 134 Stat. 3388
Added · 10 U.S.C. § 806b(a)(2)(D)(F)
Pub. L. 116–283 added subpar. (D)
Redesignated · 10 U.S.C. § 806b(a)(2)(D)(F)
Pub. L. 116–283 redesignated former subpars. (D) and (E) as (E) and (F), respectively
Source evidence
Code amendment note
Subsec. (a)(2)(D) to (F). Pub. L. 116–283 added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.Enacted provision · exact public law section
SEC. 541. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL MOTIONS, FILINGS, AND HEARINGS. Section 806b(a)(2) of title 10, United States Code (article 6b(a)(2)) of the Uniform Code of Military Justice), is amended— (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following new subparagraph (D): “(D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.” .National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title V § 541 · 135 Stat. 1541
Added · 10 U.S.C. § 806b(a)(8); 10 U.S.C. § 806b(a)(9)
Pub. L. 117–81 added par. (8)
Redesignated · 10 U.S.C. § 806b(a)(8); 10 U.S.C. § 806b(a)(9)
Pub. L. 117–81 redesignated former par. (8) as (9)
Source evidence
Code amendment note
Subsec. (a)(8), (9). Pub. L. 117–81 added par. (8) and redesignated former par. (8) as (9).Enacted provision · exact public law section
SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: “(8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.” .
22 of 22 references resolved to an enrolled provision
Editorial Notes
Amendments2014–2021 · 5 rounds
2021
Subsec. (a)(2)(D) to (F). Pub. L. 116–283 added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (a)(8), (9). Pub. L. 117–81 added par. (8) and redesignated former par. (8) as (9).
2017
Subsec. (b). Pub. L. 115–91, § 1081(c)(1)(B), which directed striking out “(the Uniform Code of Military Justice)” after “this chapter”, was not executed in light of the prior amendment by section 1081(a)(22) of Pub. L. 115–91, to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2017 Amendment note below.
Pub. L. 115–91, § 1081(a)(22), struck out “(the Uniform Code of Military Justice)” after “this chapter”.
Subsec. (e)(3). Pub. L. 115–91, § 531(a), designated existing provisions as subpar. (A), substituted “prescribed by the President, subject to section 830a of this title (article 30a)” for “prescribed by the President, and, to the extent practicable, shall have priority over all other proceedings before the court”, and added subpars. (B) and (C).
2016
Subsec. (a)(3). Pub. L. 114–328, § 5203(e)(1), substituted “preliminary hearing officer” for “investigating officer”.
Subsec. (c). Pub. L. 114–328, § 5105(a), substituted “the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.” for “the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section.”
Subsec. (d)(3). Pub. L. 114–328, § 5105(b), added par. (3).
Subsec. (f). Pub. L. 114–328, § 5105(c), added subsec. (f).
2015
Subsec. (e). Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows:
“(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.
“(2) Paragraph (1) applies with respect to the protections afforded by the following:
“(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
“(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.”
2014
Subsec. (b). Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”.
Subsec. (c). Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text, inserted “(but who is not a member of the armed forces)” after “under 18 years of age” and substituted “designate a representative” for “designate a legal guardian from among the representatives”, “another suitable individual” for “other suitable person”, and “the individual” for “the person”.
Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by section 531(a) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Notice to Victims of Alleged Sex-Related and Domestic Violence-Related Offenses of Pendency of Further Administrative Action Following a Determination Not To Refer to Trial by Court-Martial
Pub. L. 116–92, div. A, title V, § 549, , 133 Stat. 1379, as amended by Pub. L. 117–81, div. A, title V, § 545, , 135 Stat. 1711; Pub. L. 118–159, div. A, title V, § 569C, , 138 Stat. 1907, provided that: “Notwithstanding section 552a of title 5, United States Code, and under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code), or a case of an alleged domestic violence-related offense (as defined by the Secretary), for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall ensure that the victim (or the victim’s legal counsel if so requested by the victim) is periodically notified of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination. Upon such final determination, the commander shall ensure that the victim (or the victim’s legal counsel if so requested by the victim) is notified of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.”
Implementation
Pub. L. 113–66, div. A, title XVII, § 1701(b), , 127 Stat. 953, provided that:
“(1) Issuance.—
Not later than one year after the date of the enactment of this Act []—
“(A) the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a); and
“(B) the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Secretary considers appropriate to implement such section.
“(2) Mechanisms for affording rights.—
The recommendations and regulations required by paragraph (1) shall include the following:
“(A) Mechanisms for ensuring that victims are notified of, and accorded, the rights specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).
“(B) Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and accorded, the rights specified in such section.
“(C) Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of applications for such rights.
“(D) The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights.
“(E) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.”
Credits
2013–2021 · 7 acts
- 2013Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1), , 127 Stat. 952
- 2014amended Pub. L. 113–291, div. A, title V, §§ 531(f), 535, , 128 Stat. 3364, 3368
- 2015Pub. L. 114–92, div. A, title V, § 531, , 129 Stat. 814
- 2016Pub. L. 114–328, div. E, title LI, § 5105, title LVI, § 5203(e)(1), , 130 Stat. 2895, 2906
- 2017Pub. L. 115–91, div. A, title V, § 531(a), title X, § 1081(a)(22), (c)(1)(B), , 131 Stat. 1384, 1595, 1597
- 2021Pub. L. 116–283, div. A, title V, § 541, , 134 Stat. 3611
- 2021Pub. L. 117–81, div. A, title V, § 541, , 135 Stat. 1708.
Show as published
(Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1), , 127 Stat. 952; amended Pub. L. 113–291, div. A, title V, §§ 531(f), 535, , 128 Stat. 3364, 3368; Pub. L. 114–92, div. A, title V, § 531, , 129 Stat. 814; Pub. L. 114–328, div. E, title LI, § 5105, title LVI, § 5203(e)(1), , 130 Stat. 2895, 2906; Pub. L. 115–91, div. A, title V, § 531(a), title X, § 1081(a)(22), (c)(1)(B), , 131 Stat. 1384, 1595, 1597; Pub. L. 116–283, div. A, title V, § 541, , 134 Stat. 3611; Pub. L. 117–81, div. A, title V, § 541, , 135 Stat. 1708.)