, 35823-35824 [X15-410622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35823 communications. Prior to conducting an in camera review, the military judge must tind by a preponderance of the evidence that the moving party showed: (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 enumerated exceptions under subsection (d) of this rule; (C) that the information 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." (q) A new Mil. R. Evid. 514(e)(4) is inserted immediately after Mil. R. Evid. 514(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 th~privilege under subsection (d) above and are included in the stated purpose for which the records or communications are sought under subsection (e)(l)(A) above." (r) Mil. R. Evid. 514(e)(4) is renumbered !jS Mil. R. Evid. 514(e)(5). (s) Mil. R. Evid. 514(e)(5) is renumbered as Mil. R. Evid. 514(e)(6). (t) Mil. R. Evid. 615(e) is amended to read as follows: "(e) A victim of an offense from the trial of an accused for that offense, unless the military judge, after receiving clear and co·nvincing evidence, determines that testimony by the victim VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.063</GPH> tkelley on DSK3SPTVN1PROD with E0 would be materially altered if the victim heard other testimony at that hearing or proceeding." 35824 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents Sec . .2_. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 5, Article 81 -Conspiracy, subparagraph a is amended to read as follows: "a. Text of statute. (a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly performs an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such 'other punishment as a court-martial or miljtary commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct." (b) Paragraph 5, Article 81- Conspiracy, subparagraph b is amended to read as follows: "b. Elements. ( 1) Conspiracy. (a) That the accused entered into an agreement with one or more persons to commit an offense \lnder the UCMJ; and (b) That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused or at least one of the co-conspirators performed an overt act for the purpose ofbringing about the object of the conspiracy. (2) Conspiracy when offense is (:m offense under the law of war resulting in the death of one or more victims. (a) That the accused entered into an agreement with one or more persons to commit an VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.064</GPH> tkelley on DSK3SPTVN1PROD with E0 offense under the law of war;

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35823-35824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-410622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.063


[[Page 35824]]