Summary of changes
Article 6b — Rights of the victim of an offense under this chapter
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
42 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
6b(a)
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Original text
RIGHTS OF A VICTIM OF AN OFFENSE UNDER THIS CHAPTER.—
A victim of an offense under this chapter has the following rights:
Current text
RIGHTS OF A VICTIM OF AN OFFENSE UNDER THIS CHAPTER.—
A victim of an offense under this chapter has the following rights:
6b(a)(1)
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Original text
The right to be reasonably protected from the accused.
Current text
The right to be reasonably protected from the accused.
6b(a)(2)
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Original text
The right to reasonable, accurate, and timely notice of any of the following:
Current text
The right to reasonable, accurate, and timely notice of any of the following:
6b(a)(2)(A)
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Original text
A public hearing concerning the continuation of confinement prior to trial of the accused.
Current text
A public hearing concerning the continuation of confinement prior to trial of the accused.
6b(a)(2)(B)
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Original text
A preliminary hearing under section 832 of this title (article 32) relating to the offense.
Current text
A preliminary hearing under section 832 of this title (article 32) relating to the offense.
6b(a)(2)(C)
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Original text
A court-martial relating to the offense.
Current text
A court-martial relating to the offense.
6b(a)(2)(D)
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Original text
A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.
Current text
A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused.
6b(a)(2)(E)
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Original text
A public proceeding of the service clemency and parole board relating to the offense.
Current text
A public proceeding of the service clemency and parole board relating to the offense.
6b(a)(2)(F)
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Original text
The release or escape of the accused, unless such notice may endanger the safety of any person.
Current text
The release or escape of the accused, unless such notice may endanger the safety of any person.
6b(a)(3)
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Original text
The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
Current text
The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or preliminary hearing officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
6b(a)(4)
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Original text
The right to be reasonably heard at any of the following:
Current text
The right to be reasonably heard at any of the following:
6b(a)(4)(A)
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Original text
A public hearing concerning the continuation of confinement prior to trial of the accused.
Current text
A public hearing concerning the continuation of confinement prior to trial of the accused.
6b(a)(4)(B)
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Original text
A sentencing hearing relating to the offense.
Current text
A sentencing hearing relating to the offense.
6b(a)(4)(C)
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Original text
A public proceeding of the service clemency and parole board relating to the offense.
Current text
A public proceeding of the service clemency and parole board relating to the offense.
6b(a)(5)
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Original text
The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
Current text
The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
6b(a)(6)
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Original text
The right to receive restitution as provided in law.
Current text
The right to receive restitution as provided in law.
6b(a)(7)
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Original text
The right to proceedings free from unreasonable delay.
Current text
The right to proceedings free from unreasonable delay.
6b(a)(8)
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Original text
The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.
Current text
The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.
6b(a)(9)
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Original text
The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.
Current text
The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.
6b(b)
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Original text
VICTIM OF AN OFFENSE UNDER THIS CHAPTER DEFINED.—
In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.
Current text
VICTIM OF AN OFFENSE UNDER THIS CHAPTER DEFINED.—
In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.
6b(c)
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Original text
APPOINTMENT OF INDIVIDUALS TO ASSUME RIGHTS FOR CERTAIN VICTIMS.—
In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section. However, in no event may the individual so designated be the accused.
Current text
APPOINTMENT OF INDIVIDUALS TO ASSUME RIGHTS FOR CERTAIN VICTIMS.—
In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section. However, in no event may the individual so designated be the accused.
6b(d)
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Original text
RULE OF CONSTRUCTION.—
Nothing in this section (article) shall be construed—
Current text
RULE OF CONSTRUCTION.—
Nothing in this section (article) shall be construed—
6b(d)(1)
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Original text
to authorize a cause of action for damages;
Current text
to authorize a cause of action for damages;
6b(d)(2)
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Original text
to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages; or
Current text
to create, to enlarge, or to imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the United States or any of its officers or employees could be held liable in damages; or
6b(d)(3)
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Original text
Current text
6b(e)
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Original text
ENFORCEMENT BY COURT OF CRIMINAL APPEALS.—
Current text
ENFORCEMENT BY COURT OF CRIMINAL APPEALS.—
6b(e)(1)
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Original text
If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
Current text
If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
6b(e)(2)
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Original text
If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
Current text
If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
6b(e)(3)
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Original text
Current text
6b(e)(3)(A)
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Original text
A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
Current text
A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
6b(e)(3)(B)
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Original text
To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all proceedings before the Court of Criminal Appeals.
Current text
To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all proceedings before the Court of Criminal Appeals.
6b(e)(3)(C)
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Original text
Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.
Current text
Review of any decision of the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.
6b(e)(4)
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Original text
Paragraph (1) applies with respect to the protections afforded by the following:
Current text
Paragraph (1) applies with respect to the protections afforded by the following:
6b(e)(4)(A)
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Original text
This section (article).
Current text
This section (article).
6b(e)(4)(B)
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Original text
Section 832 (article 32)of this title.
Current text
Section 832 (article 32)of this title.
6b(e)(4)(C)
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Original text
Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
Current text
Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
6b(e)(4)(D)
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Original text
Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
Current text
Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
6b(e)(4)(E)
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Original text
Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
Current text
Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
6b(e)(4)(F)
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Original text
Military Rule of Evidence 615, relating to the exclusion of witnesses.
Current text
Military Rule of Evidence 615, relating to the exclusion of witnesses.
6b(f)
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Original text
COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF ALLEGED OFFENSE.—
Current text
COUNSEL FOR ACCUSED INTERVIEW OF VICTIM OF ALLEGED OFFENSE.—
6b(f)(1)
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Original text
Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victim’s Counsel or other counsel for the victim, if applicable.
Current text
Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the Government intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victim’s Counsel or other counsel for the victim, if applicable.
6b(f)(2)
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Original text
If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.
Current text
If requested by an alleged victim who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the Government, a counsel for the victim, or, if applicable, a victim advocate.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.