, 35805-35806 [X15-230622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35805 (B) Procedure to determine appointment of designee. (i) As soon as practicable, trial counsel shall notify the military judge, counsel for the accused, and the victim(s) of any offense(s) properly before the court when there is an apparent requirement to appoint a designee under this rule. (ii) The military judge will determine if the appointment of a designee is required under this rule. (iii) At the discretion of the military judge, victim(s), trial counsel, and the accused may be given the opportunity to recommend to the military judge individual(s) for appointment. (iv) The military judge is not required to hold a hearing before determining whether a designation is required or making such an appointment under this rule. (v) If the military judge determines a hearing pursuant to Article 39(a), UCMJ, is necessary, the following shall be notified of the hearing and afforded the right to be present at the hearing: trial counsel, accused, and the victim(s). (vi) The individual designated shall not be the accused. (C) At any time after appointment, a designee shall be excused upon request by the designee or a finding of good cause by the military judge. (D) If the individual appointed to assume the victim's rights is excused, the military judge shall appoint a successor consistent with this rule." (u) A new R.C.M. 806(b)(2) is inserted immediately after R.C.M. 806(b)(l) and reads as follows: "(2) Right of victim to attend. A victim of an alleged offense committed by the accused may not be excluded from a court-martial relating to the offense unless the military judge, after VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.045</GPH> tkelley on DSK3SPTVN1PROD with E0 receiving clear and convincing evidence, determines that testimony by the victim would be 35806 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents materially altered if the victim heard other testimony at that hearing or proceeding. The right to attend requires reasonable, accurate, and timely notice of a court-martial relating to the offense." (v) A new R.C.M. 806(b)(3) is inserted immediately after the new R.C.M. 806(b)(2) and reads as follows: "(3) Right of victim to confer. A victim of an alleged offense committed by the accused has the reasonable right to confer with the trial cotmsel." (w) R.C.M. 806(b)(2) is renumbered as R.C.M. 806(b)(4). (x) R.C.M. 906(b)(8) is amended to read as follows: "(8) Relieffrom pretrial confinement. Upon a motion for release from pretrial confinement, a victim of an alleged offense committed by the accused has the right to reasonable, accurate, and timely notice of the motion and any hearing, the right to confer with trial counsel, and the right to be reasonably heard. Inability to reasonably afford a victim these rights shall not delay the proceedings. The right to be heard under this rule includes the right to be heard through counsel." (y) R.C.M. 912(i)(3) is amended to read as follows: "(3) Preliminary hearing officer. For purposes of this rule, "preliminary hearing officer" includes any person who has examined charges under R.C.M. 405 and any person who was counsel for a member of a court of inquiry, or otherwise personally has conducted an investigation of the general matter involving the offenses charged." (z) R.C.M. lOOl(a)(l)(B) is amended to read as follows: "(B) Victim's right to be reasonably heard. See R.C.M. lOOlA." (aa) R.C.M. lOOl(a)(l)(C)-(G) are amended toread as follows: "(C) Presentation by the defense of evidence in extenuation or mitigation or both. . . VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.046</GPH> tkelley on DSK3SPTVN1PROD with E0 (D) Rebuttal.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35805-35806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-230622]


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