II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Crime Vic5 tims’ Rights Act of 2013’’. 

6 SEC. 2. EXTENSION OF CRIME VICTIMS’ RIGHTS TO VIC7 TIMS OF OFFENSES UNDER THE UNIFORM 

8 CODE OF MILITARY JUSTICE. 

9 (a) VICTIMS’ RIGHTS.— 


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1 (1) IN GENERAL.—Subchapter I of chapter 47 

2 of title 10, United States Code (the Uniform Code 

3 of Military Justice), is amended by adding at the 

4 end the following new section (article): 

5 ‘‘§ 806b. Art. 6b. Victims’ rights of victims of offenses 

6 under this chapter 

7 ‘‘(a) RIGHTS.—Any individual who is the victim of 

8 an offense under this chapter (the Uniform Code of Mili9 tary Justice), regardless of whether such individual is a 

10 member of the Armed Forces (in this section referred to 

11 as a ‘victim of a military crime’), has the following rights: 

12 ‘‘(1) The right to be reasonably protected from 

13 the accused. 

14 ‘‘(2) The right to reasonable, accurate, and 

15 timely notice of any public proceeding in an inves16 tigation under section 832 of this title (article 32), 

17 court-martial, involuntary plea hearing, pre-sen18 tencing hearing, or parole hearing involving the of19 fense or of any release or escape of the accused. 

20 ‘‘(3) The right not to be excluded from any 

21 such public proceeding, referred to in paragraph (2) 

22 unless the military judge, after receiving clear and 

23 convincing evidence, determines that testimony by 

24 the victim would be materially altered if the victim 

25 heard other testimony at that proceeding. 


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1 ‘‘(4) The right to be reasonably heard at any 

2 public proceeding referred to in paragraph (2). 

3 ‘‘(5) The reasonable right to confer with the 

4 trial counsel in the case. 

5 ‘‘(6) The right to full and timely restitution as 

6 provided in law. 

7 ‘‘(7) The right to proceedings free from unrea8 sonable delay. 

9 ‘‘(8) The right to be treated with fairness and 

10 with respect for the victim’s dignity and privacy. 

11 ‘‘(b) RIGHTS AFFORDED.—In any court-martial pro12 ceeding involving an offense against a victim of a military 

13 crime, the military judge shall ensure that the victim is 

14 afforded the rights described in subsection (a). Before 

15 making a determination described in subsection (a)(3), the 

16 military judge shall make every effort to permit the fullest 

17 attendance possible by the victim and shall consider rea18 sonable alternatives to the exclusion of the victim from the 

19 criminal proceeding. The reasons for any decision denying 

20 relief under this subsection shall be clearly stated on the 

21 record. 

22 ‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.—(1) Mili23 tary judges, trial and defense counsel, military criminal 

24 investigation organizations, services, and personnel, and 

25 other members and personnel of the Department of DeVerDate Mar 15 2010 00:47 May 29, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1041.IS S1041

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1 fense engaged in the detection, investigation, or prosecu2 tion of offenses under this chapter (the Uniform Code of 

3 Military Justice) shall make their best efforts to see that 

4 victims of military crimes are notified of, and accorded, 

5 the rights described in that subsection. 

6 ‘‘(2) The trial counsel in a case shall advise the victim 

7 that the victim can seek the advice of an attorney with 

8 respect to the rights described in subsection (a). 

9 ‘‘(3) Notice of release otherwise required pursuant to 

10 this chapter shall not be given if such notice may endanger 

11 the safety of any person. 

12 ‘‘(d) ENFORCEMENT AND LIMITATIONS.—(1) A vic13 tim of a military crime, the victim’s lawful representative, 

14 and the trial counsel may assert the rights described in 

15 subsection (a). A person accused of an offense under this 

16 chapter (the Uniform Code of Military Justice) may not 

17 obtain any form of relief under this section with respect 

18 to such offense. 

19 ‘‘(2) In a case where the military judge finds that 

20 the number of victims makes it impracticable to accord 

21 all of the victims the rights described in subsection (a), 

22 the military judge shall fashion a reasonable procedure to 

23 give effect to this section that does not unduly complicate 

24 or prolong the proceedings. 


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1 ‘‘(3) The rights described in subsection (a) shall be 

2 asserted in the court-martial in which the accused is being 

3 prosecuted for the offense. The military judge shall take 

4 up and decide any motion asserting a victim’s right forth5 with. If the military judge denies the relief sought, the 

6 movant may petition the Court of Criminal Appeals. The 

7 Court of Criminal Appeals may issue the writ on the order 

8 of a single judge pursuant to the rules of the Court of 

9 Criminal Appeals. The Court of Criminal Appeals shall 

10 take up and decide such application forthwith within 72 

11 hours after the petition has been filed. In no event shall 

12 proceedings be stayed or subject to a continuance of more 

13 than five days for purposes of enforcing this section. If 

14 the Court of Criminal Appeals denies the relief sought, 

15 the reasons for the denial shall be clearly stated on the 

16 record in a written opinion. 

17 ‘‘(4) In any appeal in a case under this chapter (the 

18 Uniform Code of Military Justice), the Government may 

19 assert as error the military judge’s denial of any victim’s 

20 right in the proceeding to which the appeal relates. 

21 ‘‘(5) In no case shall a failure to afford a right under 

22 this section provide grounds for a new trial. A victim may 

23 make a motion to re-open a plea or sentence only if— 


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1 ‘‘(A) the victim has asserted the right to be 

2 heard before or during the proceeding at issue and 

3 such right was denied; 

4 ‘‘(B) the victim petitions the Court of Criminal 

5 Appeals for a writ of mandamus within 14 days; and 

6 ‘‘(C) in the case of a plea, the accused has not 

7 pled to the highest offense charged. 

8 ‘‘(6) Nothing in this section shall be construed to au9 thorize a cause of action for damages or to create, to en10 large, or to imply any duty or obligation to any victim 

11 or other person for the breach of which the United States 

12 or any of its officers or employees could be held liable in 

13 damages. Nothing in this section shall be construed to im14 pair the prosecutorial discretion of a Judge Advocate Gen15 eral or any officer under his direction. 

16 ‘‘(e) CERTAIN VICTIMS.—In the case of a victim of 

17 a military crime who is under 18 years of age, incom18 petent, incapacitated, or deceased, the legal guardians of 

19 the victim or the representatives of the victim’s estate, 

20 family members, or any other persons appointed as suit21 able by the military judge, may assume the victim’s rights 

22 under this section, but in no event shall an accused be 

23 named as such guardian or representative.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of subchapter I of chapter 47 


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1 of such title (the Uniform Code of Military Justice) 

2 is amended by adding at the end the following new 

3 item: 

‘‘806b. Art. 6b. Victims’ rights of victims of offenses under this chapter.’’. 

4 (b) PROCEDURES TO PROMOTE COMPLIANCE.— 

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, the Sec7 retary of Defense shall modify the Manual for 

8 Courts-Martial, and prescribe such other regulations 

9 as the Secretary considers appropriate, to enforce 

10 the rights of victims of military crimes and to ensure 

11 compliance by responsible members of the Armed 

12 Forces and personnel of the Department of Defense 

13 with the obligations specified in section 806b of title 

14 10, United States Code (article 6b of the Uniform 

15 Code of Military Justice), as added by subsection 

16 (a). 

17 (2) ELEMENTS.—The modifications and regula18 tions issued pursuant to paragraph (1) shall include 

19 the following: 

20 (A) The designation of an administrative 

21 authority within the Department of Defense to 

22 receive and investigate complaints relating to 

23 the provision or violation of the rights of vic24 tims of military crimes. 


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1 (B) A requirement for a course of training 

2 for judge advocates and other appropriate mem3 bers of the Armed Forces and personnel of the 

4 Department that fail to comply with section 

5 806b of title 10, United States Code (article 6b 

6 of the Uniform Code of Military Justice), as so 

7 added, and otherwise assist such personnel in 

8 responding more effectively to the needs of vic9 tims of military crimes. 

10 (C) Disciplinary sanctions, including sus11 pension or termination from employment in the 

12 case of employees of the Department of De13 fense, for members of the Armed Forces and 

14 other personnel of the Department who willfully 

15 or wantonly fail to comply with section 806b of 

16 title 10, United States Code (article 6b of the 

17 Uniform Code of Military Justice), as so added. 

18 (D) Mechanisms to ensure that the Sec19 retary of Defense shall be the final arbiter of a 

20 complaint authorized pursuant to subparagraph 

21 (A) by a victim of a military crime that the vic22 tim was not afforded the rights provided under 

23 section 806b of title 10, United States Code 


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1 (article 6b of the Uniform Code of Military Jus2 tice), as so added 

Æ 


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