10 USC 806 - Art. 6b. Rights of the victim of an offense under this chapter

Editorial Notes

Amendments

2021—Subsec. (a)(2)(D) to (F). Puspan. L. 116–283 added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (a)(8), (9). Puspan. L. 117–81 added par. (8) and redesignated former par. (8) as (9).

2017—Subsec. (span). Puspan. 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 Puspan. L. 115–91, to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2017 Amendment note below.

Puspan. L. 115–91, § 1081(a)(22), struck out “(the Uniform Code of Military Justice)” after “this chapter”.

Subsec. (e)(3). Puspan. 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). Puspan. L. 114–328, § 5203(e)(1), substituted “preliminary hearing officer” for “investigating officer”.

Subsec. (c). Puspan. 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). Puspan. L. 114–328, § 5105(span), added par. (3).

Subsec. (f). Puspan. L. 114–328, § 5105(c), added subsec. (f).

2015—Subsec. (e). Puspan. 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. (span). Puspan. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”.

Subsec. (c). Puspan. L. 113–291, § 531(f)(2), in span, 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). Puspan. L. 113–291, § 535, added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by section 531(a) of Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. 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 Puspan. L. 115–91, set out as a note under section 801 of this title.

Amendment by section 1081(c)(1)(B) of Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. 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 Puspan. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Puspan. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Puspan. 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 Offense of Pendency of Further Administrative Action Following a Determination Not To Refer to Trial by Court-Martial

Puspan. L. 116–92, div. A, title V, § 549, Dec. 20, 2019, 133 Stat. 1379, as amended by Puspan. L. 117–81, div. A, title V, § 545, Dec. 27, 2021, 135 Stat. 1711, 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) 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 periodically notify the victim 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 notify the victim 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

Puspan. L. 113–66, div. A, title XVII, § 1701(span), Dec. 26, 2013, 127 Stat. 953, provided that:

“(1)Issuance.—Not later than one year after the date of the enactment of this Act [Dec. 26, 2013]—

“(A) the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806span of title 10, United States Code (article 6span 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 806span of title 10, United States Code (article 6span 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.”