Manual for Courts-Martial; Proposed Amendments, 71378-71380 [E7-24388]

Download as PDF 71378 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices equivalents used by the United States in implementing the ATC. Proposed Amendments After Period for Public Comment R. Matthew Priest, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E7–24373 Filed 12–14–07; 8:45 am] The proposed recommended amendments to the Manual for CourtsMartial to be forwarded through the DoD for action by Executive Order of the President of the United States are as follows: Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 103 is amended by adding the following new subparagraph (20) and re-designating the current subparagraph (20) as subparagraph (21): ‘‘(20) ‘Writing’ includes printing and typewriting and reproductions of visual symbols by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.’’ (b) R.C.M. 405(h)(3) is amended to read as follows: ‘‘(3) Access by spectators. Access by spectators to all or part of the proceedings may be restricted or foreclosed in the discretion of the commander who directed the investigation or the investigating officer. Article 32 investigations are public hearings and should remain open to the public whenever possible. When an overriding interest exists that outweighs the value of an open investigation, the hearing may be closed to spectators. Any closure must be narrowly tailored to achieve the overriding interest that justified the closure. Commanders or investigating officers must conclude that no lesser methods short of closing the Article 32 can be used to protect the overriding interest in the case. Commanders or investigating officers must conduct a case-by-case, witnessby-witness, circumstance-bycircumstance analysis of whether closure is necessary. If a commander or investigating officer believes closing the Article 32 investigation is necessary, the commander or investigating officer must make specific findings of fact in writing that support the closure. The written findings of fact must be included in the Article 32 investigating officer’s report. Examples of overriding interests may include: preventing psychological harm or trauma to a child witness or an alleged victim of a sexual crime, protecting the safety of a witness or alleged victim, protecting classified material, and receiving evidence where a witness is incapable of testifying in an open setting.’’ (c) R.C.M. 1103(b)(2)(B) is amended to read as follows: ‘‘(B) Verbatim transcript required. Except as otherwise provided in BILLING CODE 3510–DS DEPARTMENT OF DEFENSE Office of the Secretary Manual for Courts-Martial; Proposed Amendments Department of Defense; Joint Service Committee on Military Justice (JSC). AGENCY: Notice of Public Response to Proposed Amendments to the Manual for Courts-Martial, United States (2005 ed.) (MCM). ACTION: SUMMARY: The JSC is forwarding final proposed amendments to the MCM to the Department of Defense. The proposed changes constitute the 2007 annual review required by the MCM and DoD Directive 5500.17, ‘‘Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,’’ May 3, 2003. The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ‘‘Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,’’ June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. SUPPLEMENTARY INFORMATION: ebenthall on PROD1PC69 with NOTICES Background On September 24, 2007, the JSC published a notice of Proposed Amendments to the Manual for CourtsMartial and a Notice of Public Meeting to receive comments on these proposals. The public meeting was held on October 24, 2007. No member of the public attended the meeting and no written comments were received. In response to a request from the House of Representatives to review procedures applicable to Article 32 proceedings, the proposed amendments republished below include a new Section 1(b) addressing Rule for Courts-Martial (R.C.M.) 405(h)(3). VerDate Aug<31>2005 15:28 Dec 14, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 subsection (j) of this rule, the record of trial shall include a verbatim transcript of all sessions except sessions closed for deliberations and voting when:’’ (d) R.C.M. 1103(e) is amended to read as follows: ‘‘(e) Acquittal; courts-martial resulting in findings of not guilty only by reason of lack of mental responsibility; termination prior to findings; termination after findings. Notwithstanding subsections (b), (c), and (d) of this rule, if proceedings resulted in an acquittal of all charges and specifications, in a finding of not guilty only by reason of lack of mental responsibility of all charges and specifications, or if the proceedings were terminated by withdrawal, mistrial, or dismissal before findings, or if the proceedings were terminated after findings by approval of an administrative discharge in lieu of court-martial, the record may consist of the original charge sheet, a copy of the convening order and amending orders (if any), and sufficient information to establish jurisdiction over the accused and the offenses (if not shown on the charge sheet). The convening authority or higher authority may prescribe additional requirements.’’ (e) R.C.M. 1103(g)(1)(A) is amended to read as follows: ‘‘(A) In general. In general and special courts-martial which require a verbatim transcript under subsections (b) or (c) of this rule and are subject to a review by a Court of Criminal Appeals under Article 66, the trial counsel shall cause to be prepared an original record of trial.’’ (f) R.C.M. 1103(j)(2) is amended to read as follows: ‘‘(2) Preparation of written record. When the court-martial, or any part of it, is recorded by videotape, audiotape, or similar material under subsection (j)(1) of this rule, a written, as defined in R.C.M. 103, transcript or summary as required in subsection (b)(2)(A), (b)(2)(B), (b)(2)(C), or (c) of this rule, as appropriate, shall be prepared in accordance with this rule and R.C.M. 1104 before the record is forwarded under R.C.M. 1104(e), unless military exigencies prevent transcription.’’ (g) R.C.M. 1104(a)(1) is amended to read as follows: ‘‘(1) In general. A record is authenticated by the signature of a person specified in this rule who thereby declares that the record accurately reports the proceedings. An electronic record of trial may be authenticated with the electronic signature of the military judge or other authorized person. Service of an authenticated electronic copy of the E:\FR\FM\17DEN1.SGM 17DEN1 ebenthall on PROD1PC69 with NOTICES Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices record of trial with a means to review the record of trial satisfies the requirement of service under R.C.M. 1105(c) and 1305(d). No person may be required to authenticate a record of trial if that person is not satisfied that it accurately reports the proceedings.’’ (h) R.C.M. 1106(d) is amended to read as follows: ‘‘(d) Form and content of recommendation. (1) The purpose of the recommendation of the staff judge advocate or legal officer is to assist the convening authority to decide what action to take on the sentence in the exercise of command prerogative. The staff judge advocate or legal officer shall use the record of trial in the preparation of the recommendation, and may also use the personnel records of the accused or other matters in advising the convening authority whether clemency is warranted. (2) Form. The recommendation of the staff judge advocate or legal officer shall be a concise written communication. (3) Required contents. The staff judge advocate or legal advisor shall provide the convening authority with a copy of the report of results of trial, setting forth the findings, sentence, and confinement credit to be applied, a copy or summary of the pretrial agreement, if any, any recommendation for clemency by the sentencing authority, made in conjunction with the announced sentence, and the staff judge advocate’s concise recommendation.’’ (i) R.C.M. 1111 is amended by inserting the following sentence at the end of the rule: ‘‘Forwarding of an authenticated electronic copy of the record of trial satisfies the requirements under this rule.’’ (j) R.C.M. 1113 is amended by adding the following new subparagraph (d) and re-designating the current subparagraph (d) as subparagraph (e): ‘‘(d) Self-executing punishments. Under regulations prescribed by the Secretary concerned, a dishonorable or bad conduct discharge that has been approved by an appropriate convening authority may be self-executing after final judgment at such time as: (1) The accused has received a sentence of no confinement or has completed all confinement; (2) The accused has been placed on excess or appellate leave; and, (3) The appropriate official has certified that the accused’s case is final. Upon completion of the certification, the official shall forward the certification to the accused’s personnel office for preparation of a final discharge order and certificate.’’ VerDate Aug<31>2005 15:28 Dec 14, 2007 Jkt 214001 (k) R.C.M. 1114(a) is amended by inserting the following as subsection (a)(4): ‘‘(4) Self-executing final orders. An order promulgating a self-executing dishonorable or bad conduct discharge need not be issued. The original action by a convening authority approving a discharge and certification by the appropriate official that the case is final may be forwarded to the accused’s personnel office for preparation of a discharge order and certificate.’’ (l) R.C.M. 1305(b) is amended by changing the first sentence to read as follows: ‘‘(b) Contents. The summary courtmartial shall prepare a written record of trial, which shall include:’’ (m) R.C.M. 1305(c) is amended to read as follows: ‘‘(c) Authentication. The summary court-martial shall authenticate the record by signing the record of trial. An electronic record of trial may be authenticated with the electronic signature of the summary courtmartial.’’ (n) R.C.M. 1305(d)(1)(A) is amended to read as follows: ‘‘(A) Service. The summary courtmartial shall cause a copy of the record of trial to be served on the accused as soon as it is authenticated. Service of an authenticated electronic copy of the record of trial with a means to review the record of trial satisfies the requirement of service under this rule.’’ (o) R.C.M. 1306(b)(3) is amended to read as follows: ‘‘(3) Signature. The action on the record of trial shall be signed by the convening authority. The action on an electronic record of trial may be signed with the electronic signature of the convening authority.’’ Section 2. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 14, Article 90, Assaulting or willfully disobeying superior commissioned officer, paragraph c.(2)(g) is amended to read as follows: ‘‘c.(2)(g) Time for compliance. When an order requires immediate compliance, an accused’s declared intent not to obey and the failure to make any move to comply constitutes disobedience. Immediate compliance is required for any order which does not explicitly or implicitly indicate that delayed compliance is authorized or directed. If an order requires performance in the future, an accused’s present statement of intention to disobey the order does not constitute disobedience of that order, although carrying out that intention may.’’ PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 71379 (b) Paragraph 44, Article 119, Manslaughter, paragraph b. is amended to read as follows: ‘‘b. Elements. (1) Voluntary manslaughter. (a) That a certain named or described person is dead; (b) That the death resulted from the act or omission of the accused; (c) That the killing was unlawful; and (d) That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the person killed. Note: Add the following if applicable. (e) That the person killed was a child under the age of 16 years. (2) Involuntary manslaughter. (a) That a certain named or described person is dead; (b) That the death resulted from the act or omission of the accused; (c) That the killing was unlawful; and (d) That this act or omission of the accused constituted culpable negligence, or occurred while the accused was perpetrating or attempting to perpetrate an offense directly affecting the person other than burglary, sodomy, rape, robbery, or aggravated arson. Note: Add the following if applicable. (e) That the person killed was a child under the age of 16 years.’’ (c) Paragraph 44, Article 119, Manslaughter, paragraph c.(1)(c) is added following paragraph c.(1)(b): ‘‘(c) When committed upon a child under 16 years of age. The maximum punishment is increased when voluntary manslaughter is committed upon a child under 16 years of age. The accused’s knowledge that the child was under 16 years of age at the time of the offense is not required for the increased maximum punishment.’’ (d) Paragraph 44, Article 119, Manslaughter, paragraph c.(2)(c) is added following paragraph c.(2)(b): ‘‘(c) When committed upon a child under 16 years of age. The maximum punishment is increased when involuntary manslaughter is committed upon a child under 16 years of age. The accused’s knowledge that the child was under 16 years of age at the time of the offense is not required for the increased maximum punishment.’’ (e) Paragraph 44, Article 119, Manslaughter, paragraph e.(3) is added following paragraph e.(2): ‘‘(3) Voluntary manslaughter of a child under 16 years of age. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.’’ E:\FR\FM\17DEN1.SGM 17DEN1 71380 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices ebenthall on PROD1PC69 with NOTICES (f) Paragraph 44, Article 119, Manslaughter, paragraph e.(4) is added following paragraph e.(3): ‘‘(4) Involuntary manslaughter of a child under 16 years of age. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.’’ (g) Paragraph 44, Article 119, Manslaughter, paragraph f. is amended to read as follows: ‘‘f. Sample specifications. (1) Voluntary manslaughter. In thatlllll(personal jurisdiction data), did, (at/on board— location) (subject matter jurisdiction data, if required), on or aboutlllll, willfully and unlawfully killlllll, (a child under 16 years of age) bylllllhim/ her (in) (on) thelllllwith alllll. (2) Involuntary manslaughter. In thatlllll (personal jurisdiction data), did, (at/on board location) (subject matter jurisdiction data, if required), on or aboutlllll, (by culpable negligence) (while (perpetrating) (attempting to perpetrate) an offense directly affecting the person oflllll, to wit: (maiming) (a battery) (lllll)) unlawfully killlllll (a child under 16 years of age) bylllll him/her (in) (on) thelllll with alllll.’’ Section. 3. These amendments shall take effect on [30 days after signature]. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to [30 days after signature] that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to [30 days after signature], and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. Dated: December 11, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7–24388 Filed 12–14–07; 8:45 am] BILLING CODE 5001–06–P VerDate Aug<31>2005 15:28 Dec 14, 2007 Jkt 214001 5450 Carlisle Pike, Mechanicsburg, PA 17050–2411. DEPARTMENT OF DEFENSE Office of the Secretary of Defense [DoD–2007–OS–0132] CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Privacy Act of 1974; Systems of Records Department of Defense Navy civilian employees. Defense Finance and Accounting Service, DOD. ACTION: Notice to add a new System of Records. CATEGORIES OF RECORDS IN THE SYSTEM: AGENCY: SUMMARY: The Defense Finance and Accounting Service (DFAS) is proposing to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This action will be effective without further notice on January 16, 2008 unless comments are received that would result in a contrary determination. Send comments to the FOIA/PA Program Manager, Corporate Communications and Legislative Liaison, Defense Finance and Accounting Service, 6760 E. Irvington Place, Denver, CO 80279–8000. FOR FURTHER INFORMATION CONTACT: Ms. Linda Krabbenhoft at (303) 676–6045. SUPPLEMENTARY INFORMATION: The Defense Finance and Accounting Service notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on December 11, 2006, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A–130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated December 12, 2000, 65 FR 239. ADDRESSES: Dated: December 11, 2007. L.M. Bynum, Alternative OSD Federal Register Liaison Officer, Department of Defense. T7040 SYSTEM NAME: Work Year and Personnel Cost Reporting. SYSTEM LOCATION: Defense Information Systems Agency (DISA), Defense Enterprise Computing Center (DECC) Mechanicsburg—Bldg. 308, Naval Support Activity (NSA), PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Individual’s name, Social Security Numbers (SSN), work year and personnel cost data for U.S. Navy civilian employees. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; Department of Defense Financial Management Regulation (DoDFMR) 7000.14–R, Vol. 4; 31 U.S.C. Sections 3511 and 3513; and E.O. 9397 (SSN). PURPOSE(S): This system will be the financial system of record and the single source for consolidated financial information for the Navy civilian employees. It will support the core financial requirements for the Work Year and Personnel Cost Reporting (WYPC). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ published at the beginning of the DoD compilation of systems of records notices apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in files folders and electronic storage media. RETRIEVABILITY: Individual’s name and Social Security Number (SSN). SAFEGUARDS: Records are stored in an office building protected by guards, controlled screening, use of visitor registers, electronic access, and/or locks. Access to records is limited to individuals who are properly screened and cleared on a need-to-know basis in the performance of their duties. Passwords are used to control access to the system data, and procedures are in place to detect and deter browsing and unauthorized access. E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Notices]
[Pages 71378-71380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24388]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Manual for Courts-Martial; Proposed Amendments

AGENCY: Department of Defense; Joint Service Committee on Military 
Justice (JSC).

ACTION: Notice of Public Response to Proposed Amendments to the Manual 
for Courts-Martial, United States (2005 ed.) (MCM).

-----------------------------------------------------------------------

SUMMARY: The JSC is forwarding final proposed amendments to the MCM to 
the Department of Defense. The proposed changes constitute the 2007 
annual review required by the MCM and DoD Directive 5500.17, ``Role and 
Responsibilities of the Joint Service Committee (JSC) on Military 
Justice,'' May 3, 2003. The proposed changes concern the rules of 
procedure and evidence and the punitive articles applicable in trials 
by courts-martial. These proposed changes have not been coordinated 
within the Department of Defense under DoD Directive 5500.1, 
``Preparation, Processing and Coordinating Legislation, Executive 
Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do 
not constitute the official position of the Department of Defense, the 
Military Departments, or any other Government agency.

SUPPLEMENTARY INFORMATION:

Background

    On September 24, 2007, the JSC published a notice of Proposed 
Amendments to the Manual for Courts-Martial and a Notice of Public 
Meeting to receive comments on these proposals. The public meeting was 
held on October 24, 2007. No member of the public attended the meeting 
and no written comments were received. In response to a request from 
the House of Representatives to review procedures applicable to Article 
32 proceedings, the proposed amendments republished below include a new 
Section 1(b) addressing Rule for Courts-Martial (R.C.M.) 405(h)(3).

Proposed Amendments After Period for Public Comment

    The proposed recommended amendments to the Manual for Courts-
Martial to be forwarded through the DoD for action by Executive Order 
of the President of the United States are as follows:
    Section 1. Part II of the Manual for Courts-Martial, United States, 
is amended as follows:
    (a) R.C.M. 103 is amended by adding the following new subparagraph 
(20) and re-designating the current subparagraph (20) as subparagraph 
(21):
    ``(20) `Writing' includes printing and typewriting and 
reproductions of visual symbols by handwriting, typewriting, printing, 
photostating, photographing, magnetic impulse, mechanical or electronic 
recording, or other form of data compilation.''
    (b) R.C.M. 405(h)(3) is amended to read as follows:
    ``(3) Access by spectators. Access by spectators to all or part of 
the proceedings may be restricted or foreclosed in the discretion of 
the commander who directed the investigation or the investigating 
officer. Article 32 investigations are public hearings and should 
remain open to the public whenever possible. When an overriding 
interest exists that outweighs the value of an open investigation, the 
hearing may be closed to spectators. Any closure must be narrowly 
tailored to achieve the overriding interest that justified the closure. 
Commanders or investigating officers must conclude that no lesser 
methods short of closing the Article 32 can be used to protect the 
overriding interest in the case. Commanders or investigating officers 
must conduct a case-by-case, witness-by-witness, circumstance-by-
circumstance analysis of whether closure is necessary. If a commander 
or investigating officer believes closing the Article 32 investigation 
is necessary, the commander or investigating officer must make specific 
findings of fact in writing that support the closure. The written 
findings of fact must be included in the Article 32 investigating 
officer's report. Examples of overriding interests may include: 
preventing psychological harm or trauma to a child witness or an 
alleged victim of a sexual crime, protecting the safety of a witness or 
alleged victim, protecting classified material, and receiving evidence 
where a witness is incapable of testifying in an open setting.''
    (c) R.C.M. 1103(b)(2)(B) is amended to read as follows:
    ``(B) Verbatim transcript required. Except as otherwise provided in 
subsection (j) of this rule, the record of trial shall include a 
verbatim transcript of all sessions except sessions closed for 
deliberations and voting when:''
    (d) R.C.M. 1103(e) is amended to read as follows:
    ``(e) Acquittal; courts-martial resulting in findings of not guilty 
only by reason of lack of mental responsibility; termination prior to 
findings; termination after findings. Notwithstanding subsections (b), 
(c), and (d) of this rule, if proceedings resulted in an acquittal of 
all charges and specifications, in a finding of not guilty only by 
reason of lack of mental responsibility of all charges and 
specifications, or if the proceedings were terminated by withdrawal, 
mistrial, or dismissal before findings, or if the proceedings were 
terminated after findings by approval of an administrative discharge in 
lieu of court-martial, the record may consist of the original charge 
sheet, a copy of the convening order and amending orders (if any), and 
sufficient information to establish jurisdiction over the accused and 
the offenses (if not shown on the charge sheet). The convening 
authority or higher authority may prescribe additional requirements.''
    (e) R.C.M. 1103(g)(1)(A) is amended to read as follows:
    ``(A) In general. In general and special courts-martial which 
require a verbatim transcript under subsections (b) or (c) of this rule 
and are subject to a review by a Court of Criminal Appeals under 
Article 66, the trial counsel shall cause to be prepared an original 
record of trial.''
    (f) R.C.M. 1103(j)(2) is amended to read as follows:
    ``(2) Preparation of written record. When the court-martial, or any 
part of it, is recorded by videotape, audiotape, or similar material 
under subsection (j)(1) of this rule, a written, as defined in R.C.M. 
103, transcript or summary as required in subsection (b)(2)(A), 
(b)(2)(B), (b)(2)(C), or (c) of this rule, as appropriate, shall be 
prepared in accordance with this rule and R.C.M. 1104 before the record 
is forwarded under R.C.M. 1104(e), unless military exigencies prevent 
transcription.''
    (g) R.C.M. 1104(a)(1) is amended to read as follows:
    ``(1) In general. A record is authenticated by the signature of a 
person specified in this rule who thereby declares that the record 
accurately reports the proceedings. An electronic record of trial may 
be authenticated with the electronic signature of the military judge or 
other authorized person. Service of an authenticated electronic copy of 
the

[[Page 71379]]

record of trial with a means to review the record of trial satisfies 
the requirement of service under R.C.M. 1105(c) and 1305(d). No person 
may be required to authenticate a record of trial if that person is not 
satisfied that it accurately reports the proceedings.''
    (h) R.C.M. 1106(d) is amended to read as follows:
    ``(d) Form and content of recommendation.
    (1) The purpose of the recommendation of the staff judge advocate 
or legal officer is to assist the convening authority to decide what 
action to take on the sentence in the exercise of command prerogative. 
The staff judge advocate or legal officer shall use the record of trial 
in the preparation of the recommendation, and may also use the 
personnel records of the accused or other matters in advising the 
convening authority whether clemency is warranted.
    (2) Form. The recommendation of the staff judge advocate or legal 
officer shall be a concise written communication.
    (3) Required contents. The staff judge advocate or legal advisor 
shall provide the convening authority with a copy of the report of 
results of trial, setting forth the findings, sentence, and confinement 
credit to be applied, a copy or summary of the pretrial agreement, if 
any, any recommendation for clemency by the sentencing authority, made 
in conjunction with the announced sentence, and the staff judge 
advocate's concise recommendation.''
    (i) R.C.M. 1111 is amended by inserting the following sentence at 
the end of the rule:
    ``Forwarding of an authenticated electronic copy of the record of 
trial satisfies the requirements under this rule.''
    (j) R.C.M. 1113 is amended by adding the following new subparagraph 
(d) and re-designating the current subparagraph (d) as subparagraph 
(e):
    ``(d) Self-executing punishments. Under regulations prescribed by 
the Secretary concerned, a dishonorable or bad conduct discharge that 
has been approved by an appropriate convening authority may be self-
executing after final judgment at such time as:
    (1) The accused has received a sentence of no confinement or has 
completed all confinement;
    (2) The accused has been placed on excess or appellate leave; and,
    (3) The appropriate official has certified that the accused's case 
is final. Upon completion of the certification, the official shall 
forward the certification to the accused's personnel office for 
preparation of a final discharge order and certificate.''
    (k) R.C.M. 1114(a) is amended by inserting the following as 
subsection (a)(4):
    ``(4) Self-executing final orders. An order promulgating a self-
executing dishonorable or bad conduct discharge need not be issued. The 
original action by a convening authority approving a discharge and 
certification by the appropriate official that the case is final may be 
forwarded to the accused's personnel office for preparation of a 
discharge order and certificate.''
    (l) R.C.M. 1305(b) is amended by changing the first sentence to 
read as follows:
    ``(b) Contents. The summary court-martial shall prepare a written 
record of trial, which shall include:''
    (m) R.C.M. 1305(c) is amended to read as follows:
    ``(c) Authentication. The summary court-martial shall authenticate 
the record by signing the record of trial. An electronic record of 
trial may be authenticated with the electronic signature of the summary 
court-martial.''
    (n) R.C.M. 1305(d)(1)(A) is amended to read as follows:
    ``(A) Service. The summary court-martial shall cause a copy of the 
record of trial to be served on the accused as soon as it is 
authenticated. Service of an authenticated electronic copy of the 
record of trial with a means to review the record of trial satisfies 
the requirement of service under this rule.''
    (o) R.C.M. 1306(b)(3) is amended to read as follows:
    ``(3) Signature. The action on the record of trial shall be signed 
by the convening authority. The action on an electronic record of trial 
may be signed with the electronic signature of the convening 
authority.''
    Section 2. Part IV of the Manual for Courts-Martial, United States, 
is amended as follows:
    (a) Paragraph 14, Article 90, Assaulting or willfully disobeying 
superior commissioned officer, paragraph c.(2)(g) is amended to read as 
follows:
    ``c.(2)(g) Time for compliance. When an order requires immediate 
compliance, an accused's declared intent not to obey and the failure to 
make any move to comply constitutes disobedience. Immediate compliance 
is required for any order which does not explicitly or implicitly 
indicate that delayed compliance is authorized or directed. If an order 
requires performance in the future, an accused's present statement of 
intention to disobey the order does not constitute disobedience of that 
order, although carrying out that intention may.''
    (b) Paragraph 44, Article 119, Manslaughter, paragraph b. is 
amended to read as follows:
    ``b. Elements.
    (1) Voluntary manslaughter.
    (a) That a certain named or described person is dead;
    (b) That the death resulted from the act or omission of the 
accused;
    (c) That the killing was unlawful; and
    (d) That, at the time of the killing, the accused had the intent to 
kill or inflict great bodily harm upon the person killed.

    Note: Add the following if applicable.

    (e) That the person killed was a child under the age of 16 years.
    (2) Involuntary manslaughter.
    (a) That a certain named or described person is dead;
    (b) That the death resulted from the act or omission of the 
accused;
    (c) That the killing was unlawful; and
    (d) That this act or omission of the accused constituted culpable 
negligence, or occurred while the accused was perpetrating or 
attempting to perpetrate an offense directly affecting the person other 
than burglary, sodomy, rape, robbery, or aggravated arson.

    Note: Add the following if applicable.

    (e) That the person killed was a child under the age of 16 years.''
    (c) Paragraph 44, Article 119, Manslaughter, paragraph c.(1)(c) is 
added following paragraph c.(1)(b):
    ``(c) When committed upon a child under 16 years of age. The 
maximum punishment is increased when voluntary manslaughter is 
committed upon a child under 16 years of age. The accused's knowledge 
that the child was under 16 years of age at the time of the offense is 
not required for the increased maximum punishment.''
    (d) Paragraph 44, Article 119, Manslaughter, paragraph c.(2)(c) is 
added following paragraph c.(2)(b):
    ``(c) When committed upon a child under 16 years of age. The 
maximum punishment is increased when involuntary manslaughter is 
committed upon a child under 16 years of age. The accused's knowledge 
that the child was under 16 years of age at the time of the offense is 
not required for the increased maximum punishment.''
    (e) Paragraph 44, Article 119, Manslaughter, paragraph e.(3) is 
added following paragraph e.(2):
    ``(3) Voluntary manslaughter of a child under 16 years of age. 
Dishonorable discharge, forfeiture of all pay and allowances, and 
confinement for 20 years.''

[[Page 71380]]

    (f) Paragraph 44, Article 119, Manslaughter, paragraph e.(4) is 
added following paragraph e.(3):
    ``(4) Involuntary manslaughter of a child under 16 years of age. 
Dishonorable discharge, forfeiture of all pay and allowances, and 
confinement for 15 years.''
    (g) Paragraph 44, Article 119, Manslaughter, paragraph f. is 
amended to read as follows:
    ``f. Sample specifications.
    (1) Voluntary manslaughter.
    In that----------(personal jurisdiction data), did, (at/on board--
location) (subject matter jurisdiction data, if required), on or 
about----------, willfully and unlawfully kill----------, (a child 
under 16 years of age) by----------him/her (in) (on) the----------with 
a----------.
    (2) Involuntary manslaughter.
    In that---------- (personal jurisdiction data), did, (at/on board 
location) (subject matter jurisdiction data, if required), on or 
about----------, (by culpable negligence) (while (perpetrating) 
(attempting to perpetrate) an offense directly affecting the person 
of----------, to wit: (maiming) (a battery) (----------)) unlawfully 
kill---------- (a child under 16 years of age) by---------- him/her 
(in) (on) the---------- with a----------.''
    Section. 3. These amendments shall take effect on [30 days after 
signature].
    (a) Nothing in these amendments shall be construed to make 
punishable any act done or omitted prior to [30 days after signature] 
that was not punishable when done or omitted.
    (b) Nothing in these amendments shall be construed to invalidate 
any nonjudicial punishment proceedings, restraint, investigation, 
referral of charges, trial in which arraignment occurred, or other 
action begun prior to [30 days after signature], and any such 
nonjudicial punishment, restraint, investigation, referral of charges, 
trial, or other action may proceed in the same manner and with the same 
effect as if these amendments had not been prescribed.

    Dated: December 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E7-24388 Filed 12-14-07; 8:45 am]
BILLING CODE 5001-06-P