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”.
Building an Environment for Helpful, Effective, and Accessible Representation and Decision-making Act
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.
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—
in paragraph (1), by striking “paragraph (4)” and inserting “paragraph (5)”;
by redesignating paragraph (4) as paragraph (5); and
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
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.”
Conforming amendments— Section 806b(c) of title 10, United States Code (article 6b(c) of the Uniform Code of Military Justice), is further amended—
by inserting “(1)” before “In the case”; and
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”