BE HEARD Act

To amend title 10, United States Code, to establish additional protections for victims of crimes punishable under the Uniform Code of Military Justice. 1. Short title This Act may be cited as the Building an Environment for Helpful, Effective, and Accessible Representation and Decision-making Act BE HEARD Act 2. Training for Special Victims’ Counsels on effect of gender differences on victim response to sexual assault In establishing the training requirements for Special Victims’ Counsels pursuant to section 1044e(d)(2) of title 10, United States Code, the Secretary of Defense shall develop specific training to assist Special Victims’ Counsels in recognizing and dealing with the effect of gender differences on feelings of victimization and response mechanisms of victims of sexual assault. 3. Court of Appeals for the Armed Forces jurisdiction to review interlocutory appeals of decisions on certain petitions for writs of mandamus Section 806b(e) of title 10, United States Code (article 6b(e) of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking paragraph (4) paragraph (5) (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph (4): (4) The Court of Appeals for the Armed Forces may review for legal error a grant or denial of a petition for a writ of mandamus described in this subsection by the Court of Criminal Appeals, upon petition of a victim of an offense under this chapter or of the accused, and on good cause shown. Any such review shall have priority of consideration to the maximum extent practicable. . 4. Designation of individuals to assume victim rights under Uniform Code of Military Justice (a) Clarification of designation authority Section 806b(c) of title 10, United States Code (article 6b(c) of the Uniform Code of Military Justice), is amended by inserting after the first sentence the following: (2) The designation authority provided by this subsection is discretionary, and designation of an individual to assume the rights under this section of a victim who is under 18 years of age is not required if the military judge determines that the victim can adequately represent the victim’s own interests. (3) Until the military judge is detailed, the convening authority may exercise the designation authority provided by this subsection. . (b) Conforming amendments Section 806b(c) of title 10, United States Code (article 6b(c) of the Uniform Code of Military Justice), is further amended— (1) by inserting (1) In the case (2) by striking However, in no event may the individual so designated (4) In no event may the individual designated under this subsection .

Summary: Building an Environment for Helpful, Effective, and Accessible Representation and Decision-making Act or the BE HEARD Act This bill directs the Department of Defense to develop specific training to assist Special Victims' Counsels in recognizing and dealing with the effect of gender differences on victim response to sexual assault. The Court of Appeals for the Armed Forces may review for legal error a grant or denial of a petition for a writ of mandamus by the Court of Criminal Appeals upon petition of a sexual assault victim or the accused. Such review shall have priority of consideration to the maximum extent practicable. The bill states that: (1) the designation authority under the Uniform Code of Military Justice to appoint an individual to assume the rights of a victim who is under 18 years old or incompetent is discretionary, and (2) such designation is not required if the military judge determines that a victim who is under 18 years old can adequately represent his or her own interests.