, 35809-35810 [X15-270622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35809 (2) Upon good cause shown, the military judge may pennit the victim's counsel to deliver all or part of the victim's unsworn statement. (cc) R.C.M. 1103A(a) is amended to read as follows: "(a) In general. If t.t:te report of preliminary hearing or record of trial contains exhibits, proceedings, or other matter ordered sealed by the preliminary hearing officer or military judge, counsel for the government or trial counsel shall cause such materials to be sealed so as to prevent unauthorized viewing or disclosure. Counsel for the government or trial counsel shall ensure that such materials are properly marked, including an annotation that the material was sealed by order of the preliminary hearing officer or military judge, and inserted at the appropriate place in the original record of trial. Copies of the report of preliminary hearing or record of trial shall contain appropriate annotations that matters were sealed by order of the preliminary hearing officer or military judge and have been inserted in the report of preliminary hearing or original record of trial. This Rule shall be implemented in a manner consistent with Executive Order 13526, concerning classified national security information." (dd) R.C.M. ll03A(b)(l) is amended to read as follows: "(1) Prior to referral. The following individuals may examine sealed materials only if necessary for proper fulfillment of their responsibilities under the UCMJ, the MCM, governing directives, instructions, regulations, applicable rules for practice and procedure, or rules of professional responsibility: the judge advocate advising the convening authority who directed the Article 32 preliminary hearing; the convening authority who directed the Article 32 preliminary hearing; the staff judge advocate to the general court-martial convening authority; and the general VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.049</GPH> tkelley on DSK3SPTVN1PROD with E0 court-martial convening authority." 35810 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (ee) R.C.M. ll03A(b)(5) is inserted immediatelyafter R.C.M. 1103A(b)(4)(E)(viii) and reads as follows: "(5) Ecamination of sealed matters. For the purpose of this mle, "examination" includes reading, viewing, photocopying, photographing, disclosing, or manipulating the sealed matters in any way." (ff) R.C.M. 1105 is amended by inserting the following Note before the mle's heading: «[Note: R.C.M. 1105(b)(l) and (b)(2)(C) apply to offenses committed on or after 24 June 20 14.]" (gg) R.C.M. 1105(b)(1) is amended to read as follows: "(1) The accused may submit to the convening authority any matters that may reasonably tend to affect the convening authority's decision whether to disapprove any findings of guilty or to approve the sentence, except as maybe limited by R.C.M. 1107(b)(3)(C). The convening authority is· only required to consider written submissions." (hh) R.C.M. 1105(b)(2)(C) is amended to read as follows: '"(C) Matters in mitigation that were not available for consideration at the court-martial, except as may be limited by R.C.M. 1107(b)(3)(B); and'' (ii) R.C.M. Il07 is amended by inserting the following Note before the rule's heading: "[Note: Subsections (b)-(f) ofR.C.M. 1107 apply to offenses committed on or after 24 June 2014; however, if at least one offense in a case occurred prior to 24 June 2014, then the prior version ofRCM 1 i07 applies to all offenses in the case, except that mandatory minimum sentences under Article 56(b) and applicable mles under RCM 11 07(d)(l)(D)-(E) still apply.]" VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.050</GPH> tkelley on DSK3SPTVN1PROD with E0 (jj) R.C.M. ll07(b)(l) is amended to read as follows:

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35809-35810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-270622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.049


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