, 35819-35820 [X15-370622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35819 (c) Mil. R. Evid. 513(b)(2) is amended to read as follows: "(2) "Psychotherapist" means a psychiatrist, clinical psychologist, clinical social worker, or other mental health professional who is licensed in any State, territory, possession, the District of Columbia, or Puerto Rico to perform professional services as such, or who holds credentials to provide such services as such, or who holds credentials to provide such services from any military health care facility, or is a person reasonably believed by the patient to have such license or credentials." (d) Mil. R. Evid. 513(d)(8) is deleted. (e) Mil. R. Evid. 513(e)(2) is amended to read as follows: "(2) Before ordering the production or admission of evidence of a patient's records or communication, the military judge must conduct a hearing, which shall be closed. At the hearing, the parties may call witnesses, including the patient, and offer other relevant evidence. The patient must be afforded a reasonable opportunity to attend the hearing 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 of title 10, United States Code. In a case before, a court-martial composed of a military judge and members, the military judge must conduct the hearing outside t4e presence of the members." (f) Mil. R. Evid. 513(e)(3) is amended to read as follows: "(3) The military judge may examine the evidence or a proffer thereof in camera, if such examination is necessary to rule on the production or admissibility of protected records or communications. Prior to conducting an in camera review, the military judge must find by a VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.059</GPH> tkelley on DSK3SPTVN1PROD with E0 preponderance of the evidence that the moving party showed:_ 35820 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (A) a specific factUal basis demonstrating a reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege; (B) that the requested information meets one of the eimmerated exceptions under subsection (d) of this rule; (C) that the infonnation sought is not merely cumulative of other information available; and (D) that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources." (g) A new Mil. R. Evid. 513(e)(4) is inserted immediately after Mil. R. Evid. 513(e)(3) and reads as follows: "(4) Any production or disclosure permitted by the military judge under this rule must be narrowly tailored to only the specific records or communications, or portions of such records or communications, that meet the requirements for one of the enumerated exceptions to the privilege under subsection (d) of this Rule and are included in the stated purpose for which the records or communications are sought under subsection (e)(l)(A) of this Rule." (h) Mil. R. Evid. 513(e)(4) is renumbered as Mil. R. Evid. 513(e)(5). (i) Mil. R. Evid. 513(e)(5) is renumbered as Mil. R. Evid. 513(e)(6) .. (j) The title of Mil. R. Evid. 514 is amended to read as follows: "Victim advocate-victim and Department of Defense Safe Helpline staff-victim privilege" (k) Mil. R. Evid. 514(a) is amended to read as follows: "(a) General Rule. A victim has a privilege to refuse to disclose and to prevent anyother person from disclosing a confidential communication made between the alleged victim and a victim VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.060</GPH> tkelley on DSK3SPTVN1PROD with E0 advocate or between the alleged victim and Department of Defense Safe Helpline staff, in a case

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35819-35820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-370622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.059


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