, 35820-35821 [X15-380622]

Download as PDF 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 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35821 arising under the UCMJ, if such communication was made for the purpose of facilitating advice or assistance to the alleged victim." (1) Mil. R. Evid. 514(b)(3)-(5) is amended toread as follows "(3) "Department of Defense Safe Helpline staff" are persons who are designated by competent authority in writing as Department of Defense Safe Helpline staff. (4) A communication is "confidential" if made in the course of the victim advocate-victim relationship or Department of Defense Safe Helpline staff-victim relationship and not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of advice or assistance to the alleged victim or those reasonably necessary for such transmission of the communication. (5) "Eviderice of a victim's records or communications" means testimony of a victim advocate or Departrriertt of Defense Safe Helpline staff, or records that pertain to communications by a victim to a victini advocate or Department of Defense Safe Helpline staff, for the purposes of advising or providing assistance to the victim." (m) Mil. R. Evid. 514( c) is amended to read as follows: "(c) rVho May Claim the Privilege. The privilege may be claimed by the victim or the guardian or conservator of the victim. A person who may claim the privilege may authorize trial counsel or a coi.msel representing the victim to claim the privilege on his or her behalf. The victim advocate or Department of Defense Safe Helpline staff who received the communication may claim the privilege on behalf of the victim. The authority of such a victim advocate, ,. Department of Defense Safe Helpline staff, guardian, conservator, or a counsel representing the victim to so assert the privilege is presumed in the absence of evidence to the contrary." VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.061</GPH> tkelley on DSK3SPTVN1PROD with E0 (n) Mil. R. Evid. 514(d)(2)-(4) is amended to read as follows:

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35820-35821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-380622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.060


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