§ 806B. Rights of victims of an offense under the Oklahoma Uniform Code of Military Justice
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 806B
§ 806B. Rights of victims of an offense under the Oklahoma Uniform Code of Military Justice
ARTICLE 6B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.
3. The right not to be excluded from any public hearing or proceeding described in paragraph 2 of this subsection 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 the Code would be materially altered if the victim heard other testimony at that hearing or proceeding;
1. If the victim of an offense under the Code 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 paragraph 4 of subsection A of this section, the victim may petition the Military Court of Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the provisions of paragraph 4 of subsection A of this section.
2. If the victim of an offense under the Code 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 Military Court of Appeals for a writ of mandamus to quash such order.
3. A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Military Court of Appeals, by such means as may be prescribed by regulations promulgated by the Adjutant General, and, to the extent practicable, shall have priority over all other proceedings before the court.
Credits
Laws 2019, c. 408, § 12, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 806B, OK ST T. 44 § 806B
Current with emergency effective legislation through Chapter 319 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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