2015—Subsec. (e). Pub. L. 114–92 amended subsec. (e) generally. Prior to amendment, text read as follows:
“(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.
“(2) Paragraph (1) applies with respect to the protections afforded by the following:
“(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
“(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim’s sexual background.”
2014—Subsec. (b). Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”.
Subsec. (c). Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text, inserted “(but who is not a member of the armed forces)” after “under 18 years of age” and substituted “designate a representative” for “designate a legal guardian from among the representatives”, “another suitable individual” for “other suitable person”, and “the individual” for “the person”.
Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e).
Pub. L. 113–66, div. A, title XVII, § 1701(b), Dec. 26, 2013, 127 Stat. 953, provided that:
“(1)Issuance.—Not later than one year after the date of the enactment of this Act [Dec. 26, 2013]—
the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806b of title 10
, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a); and
the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Secretary considers appropriate to implement such section.
“(2)Mechanisms for affording rights.—The recommendations and regulations required by paragraph (1) shall include the following:
Mechanisms for ensuring that victims are notified of, and accorded, the rights specified in section 806b of title 10
, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).
Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and accorded, the rights specified in such section.
Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of applications for such rights.
The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights.
Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.”