Shield Act

Bill: 113-hr-3767
Sponsor: full_name: Rep. Ryan, Tim [D-OH-13]
Introduced: 2013-12-12
Policy area: Armed Forces and National Security
Subjects: Crime victims

Crimes against women

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Evidence and witnesses

Lawyers and legal services

Military law

Military personnel and dependents

Sex offenses
Latest action: action_date: 2014-01-24
text: Referred to the Subcommittee on Military Personnel.

Summaries:
action_date: 2013-12-12
action_desc: Introduced in House
text: <p>Shield Act - Amends the Uniform Code of Military Justice (UCMJ) to permit a Special Victims' Counsel who is representing an alleged victim of a rape, sexual assault, or forcible sodomy offense to speak on behalf of such victim in a preliminary criminal investigation (Article 32 Investigation) of any such offense when the victim has the right to be heard. Prohibits: (1) questions during such investigation about the sexual behavior of an alleged victim that is not directly related to the charge or specification being investigated, or (2) the admission of any evidence to prove or show a sexual predisposition on the part of an alleged victim.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3767 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Ryan of Ohio (for himself, Mr. Turner , Ms. Tsongas , Ms. Granger , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend Article 32 of the Uniform Code of Military Justice to provide victims of sexual assault rape shield protections and the right to representation by a Special Victims’ Counsel.

1. Short title This Act may be cited as the Shield Act . 2. Appearance of Special Victims’ Counsel on behalf of a sexual assault victim at an Article 32 investigation and prohibition on admission of certain evidence Section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (b) the following new subsections: (c) (1) At the investigation, a Special Victims’ Counsel may speak on behalf of the victim of an offense described in paragraph (2), when the victim has a right to be heard. A victim has a right to be heard when specified in the Manual for Courts Martial, but, at a minimum, the victim has a right to be heard regarding the privilege described in subsection (d). (2) In this subsection, the term Special Victims’ Counsel means an attorney who has formed an attorney-client relationship with an alleged victim of an offense covered by section 920 or 925 of this title (article 120 or 125) or of an attempt to commit such an offense, as punishable under section 880 of this title (article 80). (d) An alleged victim of an offense described in subsection (c)(2) may not be questioned about any sexual behavior on the part of the alleged victim that is not directly related to the charge or specification being investigated under this section (article). No evidence may be admitted at the investigation for the purpose of proving or showing a sexual predisposition on the part of the alleged victim. .