SEC DESIGNATION AND AVAILABILITY OF SPECIAL VICTIMS COUNSEL FOR VICTIMS OF SEX-RE- LATED OFFENSES.

Similar documents
Comparison of Sexual Assault Provisions in NDAA 2014 and Related Bills

Calendar No.lll Purpose: To further improve procedures relating to courtsmartial under the Uniform Code of Military Justice. S.

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen An Act

DIVISION E UNIFORM CODE OF MILITARY JUSTICE REFORM. This division may be cited as the Military Justice Act of TITLE LI GENERAL PROVISIONS

UNDER SECRETARY OF DEFENSE 4000 DEFENSE PENTAGON WASHINGTON, D.C

Department of Defense INSTRUCTION

H. R To amend the Anti-Border Corruption Act of 2010 to authorize certain polygraph waiver authority, and for other purposes.

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

124 STAT PUBLIC LAW JAN. 7, 2011

Public Law th Congress An Act

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

section:1034 edition:prelim) OR (granul...

(13) VerDate Sep :13 Jun 08, 2018 Jkt PO Frm Fmt 6601 Sfmt 6601 E:\HR\OC\A040.XXX A040

The President. Part V. Tuesday, January 27, 2009

Article 140a (New Provision) Case Management; Data Collection and Accessibility

(15) VerDate Sep :18 May 12, 2016 Jkt PO Frm Fmt 6601 Sfmt 6601 E:\HR\OC\A532.XXX A532

S IN THE SENATE OF THE UNITED STATES

Article 93a Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust

Judicial Proceedings Panel Recommendations

[Discussion Draft] [DISCUSSION DRAFT] SEPTEMBER 9, H. R. ll

AIR FORCE SPECIAL VICTIMS COUNSEL CHARTER

SECRETARY OF DEFENSE 1000 DEFENSE PENTAGON WASHINGTON, DC

SUBCOMMITTEE ON INTELLIGENCE, EMERGING THREATS AND CAPABILITIES

S. 811 IN THE SENATE OF THE UNITED STATES

DOD INSTRUCTION ROLE AND RESPONSIBILITIES OF THE JOINT SERVICE COMMITTEE ON MILITARY JUSTICE (JSC)

Department of Defense DIRECTIVE

Homeless Veterans Comprehensive Assistance Act of 2001 Prime Sponsor: Mr. Christopher H. Smith (NJ-04)

Department of Defense DIRECTIVE

S [Report No ] To amend the Comprehensive Environmental Response, Compensation,

Department of Defense DIRECTIVE. SUBJECT: Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses

Appendix 10: Adapting the Department of Defense MOU Templates to Local Needs

Overview of the Military Justice

potential unfair competitive advantage conferred to technical advisors to acquisition programs.

The reserve components of the armed forces are:

CRS Report for Congress

the Secretary of Defense has withheld the authority to the special court-marital convening authority with a rank of at least O6.

Military Justice Overview

TITLE IV MILITARY PERSONNEL AUTHORIZATIONS

Department of Defense INSTRUCTION

forwarded to Navy Personnel Command (NPC) for review because due to the mandatory processing status.

DOD INSTRUCTION INVESTIGATIONS BY DOD COMPONENTS

UNITED STATES MARINE CORPS MARINE CORPS BASE PSC BOX CAMP LEJEUNE, NORTH CAROLINA

Maj Sameit HQMC, VWAP

Legal Assistance Practice Note

S To establish the Caddo Lake National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATES

Department of Defense INSTRUCTION

JUDICIAL PROCEEDINGS PANEL REPORT ON MILITARY DEFENSE COUNSEL RESOURCES AND EXPERIENCE IN SEXUAL ASSAULT CASES

LTC Jay Morse Written Statement to RSP

THE MILITARY JUSTICE SYSTEM & THE VICTIM WITNESS ASSISTANCE PROGRAM (VWAP)

Department of Defense INSTRUCTION. SUBJECT: Compliance of DoD Members, Employees, and Family Members Outside the United States With Court Orders

STATEMENT OF CAPTAIN ERIC C. PRICE, JAGC, U.S. NAVY BEFORE THE CRIMINAL JUSTICE ACT AD HOC COMMITTEE APRIL 12, 2016

SUBCOMMITTEE ON INTELLIGENCE, EMERGING THREATS AND CAPABILITIES

LEGAL SUPPORT AND ADMINISTRATION MANUAL

SEC UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.

DEPARTMENT OF THE AIR FORCE PRESENTATION TO THE SUBCOMMITTEE ON PERSONNEL COMMITTEE ON ARMED SERVICES UNITED STATES SENATE

TITLE III OPERATION AND MAINTENANCE

Courts Martial Manual Usmc 2009 Edition

WRITTEN STATEMENT OF LIEUTENANT GENERAL FLORA D. DARPINO THE JUDGE ADVOCATE GENERAL, UNITED STATES ARMY FOR THE RESPONSE SYSTEMS PANEL

10 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

VICTIM AND WITNESS ASSISTANCE PROGRAM (VWAP)

DOD INSTRUCTION INVESTIGATION OF ADULT SEXUAL ASSAULT IN THE DEPARTMENT OF DEFENSE

Overview of the Armed Forces. Grant T. Swinger Thomas D. White, Jr. April 16, 2014

H. R. ll [Report No. 115 ll]

Department of Defense INSTRUCTION

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011 R E P O R T COMMITTEE ON ARMED SERVICES HOUSE OF REPRESENTATIVES H.R. 5136

Department of Defense DIRECTIVE

NGB-JA/OCI CNGBN 0400 DISTRIBUTION: A 16 April 2014 INTERIM REVISION TO CNGB SERIES

JUDICIAL PROCEEDINGS PANEL REPORT ON STATISTICAL DATA REGARDING MILITARY ADJUDICATION OF SEXUAL ASSAULT OFFENSES

TITLE IV MILITARY PERSONNEL AUTHORIZATIONS

PUBLIC LAW OCT. 1, 1986

H. R To direct the Department of Energy to support fusion energy innovation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES

An Introduction to The Uniform Code of Military Justice

Collateral Misconduct and Unsubstantiated Reports Issue DOD/JCS USARMY USAF USNAV USMC USCG

[DISCUSSION DRAFT] H. R. ll

DIVISION A DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I PROCUREMENT

ADDITIONAL AMENDMENTS RELATING TO TOTAL FORCE MANAGEMENT (SEC. 933)

Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) Public Meeting.

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Updates on the Special Victims Counsel/Victims Legal Counsel Program 10:30 a.m. 12:00 p.m.

DEPARTMENT OF THE AIR FORCE

No February Criminal Justice Information Reporting

United States Coast Guard Annex

Establishment of Special Victim Capabilities within the Military Departments to Respond to Allegations of Certain Special Victim Offenses

Judicial Proceedings Panel Subcommittee August 27, 2015

Department of Defense INSTRUCTION

MILITARY JUSTICE REVIEW GROUP

DOD INSTRUCTION COMMISSIONED OFFICER ADMINISTRATIVE SEPARATIONS

FY2014 National Defense Authorization Act: Selected Military Personnel Issues

H. R To modernize recreational fisheries management. IN THE HOUSE OF REPRESENTATIVES

COL Elizabeth Marotta - Special Victims Counsel Program Manager. January 2016

SPECIAL VICTIMS COUNSEL COMPARISON CHART USARMY USAF USNAV USMC USCG

DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY 1000 NAVY PENTAGON WASHINGTON, DC

DOD INSTRUCTION THE SEPARATION HISTORY AND PHYSICAL EXAMINATION (SHPE) FOR THE DOD SEPARATION HEALTH ASSESSMENT (SHA) PROGRAM

Judge Advocate Legal Services

S To phase out the use of private military contractors. IN THE SENATE OF THE UNITED STATES

Defense Advisory Committee. Prosecution, and Defense. on Investigation, of Sexual Assault

Maryland Board of Nursing Forensic Nurse Examiner Training Program- ADULT/ADOLESCENT. Forensic Nurse Examiner-A, Clinical Requirements

TITLE 14 COAST GUARD This title was enacted by act Aug. 4, 1949, ch. 393, 1, 63 Stat. 495

SECNAVINST A ASN(M&RA) 14 February 2007

Transcription:

F:\SLC\ASCR\NDAABL.XML 0 SEC.. DESIGNATION AND AVAILABILITY OF SPECIAL VICTIMS COUNSEL FOR VICTIMS OF SEX-RE- LATED OFFENSES. (a) DESIGNATION AND DUTIES. () IN GENERAL. Chapter of title 0, United States Code, is amended by inserting after section 0d the following new section: 0e. Special Victims Counsel for victims of sexrelated offenses (a) DESIGNATION; PURPOSES. The Secretary concerned shall designate legal counsel (to be known as Special Victims Counsel ) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 0 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted. (b) TYPES OF LEGAL ASSISTANCE AUTHORIZED. The types of legal assistance authorized by subsection (a) include the following: () Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim s right to seek military defense services. () Legal consultation regarding the Victim Witness Assistance Page Program, of including f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 (A) the rights and benefits afforded the victim; (B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and (C) the nature of communication made to the liaison in comparison to communication made to a Special Victims Counsel or a legal assistance attorney under section 0 of this title. () Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate, or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim. () Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense). () Legal consultation regarding the military justice system, including (but not limited to) Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 (A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators; (B) any proceedings of the military justice process in which the victim may observe; (C) the Government s authority to compel cooperation and testimony; and (D) the victim s responsibility to testify, and other duties to the court. () Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense. () Legal consultation regarding eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other medical services; () Legal consultation and assistance (A) in personal civil legal matters in accordance with section 0 of this title; (B) in any proceedings of the military justice process in which a victim can participate as a witness or other party; (C) in understanding the availability of, and obtaining any protections offered by, civil- Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 ian and military protecting or restraining orders; and (D) in understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in section 0 of this title and other State and Federal victims compensation programs. () Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (h). (c) NATURE OF RELATIONSHIP. The relationship between a Special Victims Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client. (d) QUALIFICATIONS. An individual may not be designated as a Special Victims Counsel under this section unless the individual () meets the qualifications specified in section 0(d)() of this title; and () is certified as competent to be designated as a Special Victims Counsel by the Judge Advocate General of the armed force in which the judge advo- Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 cate is a member or by which the civilian attorney is employed. (e) ADMINISTRATIVE RESPONSIBILITY. () Con- sistent with the regulations prescribed under subsection (h), the Judge Advocate General (as defined in section 0() of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Special Victims Counsel. () The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Special Victims Counsel programs operated under this section. (f) AVAILABILITY OF SPECIAL VICTIMS COUN- SEL. () An individual eligible for military legal assistance under section 0 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Special Victims Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 0 designated by the Secretary concerned for purposes of this subsection. () The assistance of a Special Victims Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 0 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Special Victims Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Special Victims Counsel. (g) ALLEGED SEX-RELATED OFFENSE DEFINED. In this section, the term alleged sex-related offense means any allegation of () a violation of section, a, b, c, or of this title (article, a, b, c, or of the Uniform Code of Military Justice); or () an attempt to commit an offense specified in a paragraph () as punishable under section 0 of this title (article 0 of the Uniform Code of Military Justice). (h) REGULATIONS. The Secretary of Defense and the Secretary of the Department in which the Coast Guard Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 000 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML is operating shall prescribe regulations to carry out this section.. () CLERICAL AMENDMENT. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 0d the following new item: 0e. Special Victims Counsel for victims of sex-related offenses.. 0 () CONFORMING AMENDMENTS. (A) QUALIFICATIONS OF PERSONS PRO- VIDING LEGAL ASSISTANCE. Section 0(d)() of such title is amended by inserting before the period at the end the following: and, for purposes of service as a Special Victims Counsel under section 0e of this title, meets the additional qualifications specified in subsection (d)() of such section.. (B) INCLUSION IN DEFINITION OF MILI- TARY LEGAL ASSISTANCE. Section 0(d)()(B) of such title is amended by striking and 0d and inserting 0d, 0e, and b(a)()(a). (C) ACCESS TO LEGAL ASSISTANCE AND SERVICES. Section b(a)()(a) of such title is amended by striking section 0 and inserting sections 0 and 0e. Page 0 of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 () IMPLEMENTATION. Section 0e of title 0, United States Code, as added by paragraph (), shall be implemented within 0 days after the date of the enactment of this Act. (b) ENHANCED TRAINING REQUIREMENT. The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 0e of title 0, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 0 or 0e of such title to support victims of alleged sex-related offenses. (c) SECRETARY OF DEFENSE IMPLEMENTATION RE- PORT. () REPORT REQUIRED. Not later than 0 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on Armed Services and Transportation and Infrastructure of the House of Representatives a report de- Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO

F:\SLC\ASCR\NDAABL.XML 0 scribing how the Armed Forces will implement the requirements of section 0e of title 0, United States Code, as added by subsection (a). () ADDITIONAL SUBMISSION REQUIREMENT. The report required by paragraph () shall also be submitted to the independent review panel established by the Secretary of Defense under section (a)() of the National Defense Authorization Act for Fiscal Year (Public Law ; Stat. ) and to the Joint Services Committee on Military Justice. Subtitle C Amendments to Other Laws SEC.. TRACKING OF COMPLIANCE OF COMMANDING OFFICERS IN CONDUCTING ORGANIZATIONAL CLIMATE ASSESSMENTS FOR PURPOSES OF PREVENTING AND RESPONDING TO SEXUAL ASSAULTS. Section of the National Defense Authorization Act for Fiscal Year (Public Law ; Stat. ; 0 U.S.C. note) is amended by adding at the end the following new subsection: (d) TRACKING OF ORGANIZATIONAL CLIMATE AS- SESSMENT COMPLIANCE. The Secretary of Defense shall direct the Secretaries of the military departments to verify Page of f:\vhlc\0\0..xml ( ) December 0, (:0 p.m.) VerDate 0ct 0 0 :0 Dec 0, Jkt 000000 PO 00000 Frm 00 Fmt Sfmt C:\DOCUME~\AJSCIA~\APPLIC~\SOFTQUAD\XMETAL\.\GEN\C\NDAABL.XML HO