, 35817-35818 [X15-350622]
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents
35817
(ccc) R.C.M. 706(a), R.C.M. 706(c)(3)(A), R.C.M. 902(b)(2), R.C.M. 912(a)(l)(K), R.C.M._
11 06(b ), and R.C.M. 1112(c) are amended by changing "investigating officer" to "preliminary
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hearing officer".
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents
Sec.
z. Part III of the Manual for Courts-Martial, United States, is amended as follows:
(a) Mil. R. Evid. 404(a)(2)(A) is amended to read as follows:
"(A) The accused may offer evidence of the accused's pertinent trait and, if the evidence is
admitted, the prosecution may offer evidence to rebut it. General military character is not a
pertinent trait for the purposes of showing the probability of innocence of the accused for the
following offenses under the UCMJ:
(i) Articles 120-123a;
(ii) Articles 125-127;
(iii) Articles 129-132;
(iv) Any other offense in which evidence of general military character of the accused is
not relevant to any element of an offense for which the accused has been charged; or
(v) An attempt or conspiracy to commit one of the above offenses."
(b) Mil. R. Evid. 412(c)(2) is amended to read as follows:
"(2) Before admitting evidence under this rule, the military judge must conduct a hearing,
which shall be closed. At this hearing, the parties may call
wi~esses,
including the alleged
victim, and offer relevant evidence. The alleged victim must be afforded a reasonable
opportunity to· attend and be heard. However, the hearing may not be unduly delayed for this
purpose. The right to be heard under this rule includes the right to be heard through counsel,
including Special Victims' Counsel under section 1044e oftitle 10, United States Code. In a case
before a court-martial composed of a military judge and members, the military judge shall
conduct the hearing outside the presence of the members pursuant to Article 39(a). The motion,
related papers, and the record of the hearing must be sealed in accordance with R.C.M. ll03A
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and remain under seal unless the military judge or an appellate court orders otherwise."
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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35817-35818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-350622]
[GRAPHIC] [TIFF OMITTED] TD22JN15.057
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