Title: BE HEARD Act
Policy area: Armed Forces and National Security

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2739

    To amend title 10, United States Code, to establish additional 
protections for victims of crimes punishable under the Uniform Code of 
                           Military Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2017

Mr. Turner (for himself and Ms. Tsongas) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To amend title 10, United States Code, to establish additional 
protections for victims of crimes punishable under the Uniform Code of 
                           Military Justice.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building an Environment for Helpful, 
Effective, and Accessible Representation and Decision-making Act'' or 
the ``BE HEARD Act''.

SEC. 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.

SEC. 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)'' and 
        inserting ``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.''.

SEC. 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)'' before ``In the case''; and
            (2) by striking ``However, in no event may the individual 
        so designated'' and inserting the following:
    ``(4) In no event may the individual designated under this 
subsection''.
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