, 35821-35822 [X15-390622]

Download as PDF 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: 35822 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents "(2) \Vhen federal law, state law, Department of Defense regulation, or service regulation imposes a duty to report infmmation contained in a communication; ยท (3) Wnen a victim advocate or Department of Defense Safe Helpline staff believes that a victim's mental or emotional condition makes the victim a danger to any person, including the victim; ( 4) If the communication clearly contemplated the future commission of a fraud or crime, or if the services of the victim advocate or Department of Defense Safe Helpline staff are sought or obtained to enable or aid anyone to commit or plan to commit what the victim knew or reasonably should have known to be a crime or fraud;" (o) Mil. R. Evid. 514(e)(2) is amended to read as follows: "(2) Before ordering the production or admission of evidence of a victim'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 victim, and offer other relevant evidence. The victim 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 the presence of the members." (p) Mil. R. Evid. 514(e)(3) is amended to read as follows: "(3) The military judge may examine the evidence, or a proffer thereof, in camera if such VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.062</GPH> tkelley on DSK3SPTVN1PROD with E0 examination is necessary to rule on the production or admissibility of protected records or

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35821-35822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-390622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.061


[[Page 35822]]