Page:Title 3 CFR 2002 Compilation.djvu/225

 EO 13262 Title 3--The President "(4) Reports of examination and tests. If the defense requests disclo- sure under subsection (a)(2)(B) of this rule, upon compliance with such request by the Government, the defense, on request of trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513) permit the trial counsel to inspect any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, that are within the possession, custody, or control of the defense that the defense intends to introduce as evidence in the defense case-in-chief at trial or that were prepared by a witness whom the defense intends to call at trial when the results or reports relate to that witness' testimony." c. R.C.M. 806 is amended by adding at the end the following new sub- section (d): "(d) Protective orders. The military judge may, upon request of any party or sua sponte, issue an appropriate protective order, in writing, to prevent parties and witnesses from making extrajudicial statements that present a substantial likelihood of material prejudice to a fair trial by im- partial members. For purposes of this subsection, "military judge" does not include the president of a special court-martial without a military judge.". d. R.C.M. 1001(b)(3)(A) is amended to read as follows: "(A) In general. The trial counsel may introduce evidence of military or civilian convictions of the accused. For purposes of this rule, there is a "conviction" in a court-martial case when a sentence has been ad- judged. In a civilian case, a "conviction" includes any disposition fol- lowing an initial judicial determination or assumption of guilt, such as when guilt has been established by guilty plea, trial, or plea of nolo contendere, regardless of the subsequent disposition, sentencing proce- dure, or final iudgment. However, a "civilian conviction" does not in- clude a diversion from the iudicial process without a finding or admis- sion of guilt; expunged convictions; iuvenile adiudications; minor traffic violations; foreign convictions; tribal court convictions; or convictions reversed, vacated, invalidated or pardoned because of errors of law or be- cause of subsequently discovered evidence exonerating the accused.". e. R.C.M. \177003(b)(3) is amended to read as follows: "(3) Fine. Any court-martial may adiudge a fine in lieu of or in addi- tion to forfeitures. Special and summary courts-martial may not adiudge any fine or combination of fine and forfeitures in excess of the total amount of forfeitures that may be adiudged in that case. In order to en- force collection, a fine may be accompanied by a provision in the sen- tence that, in the event the fine is not paid, the person fined shall, in addition to any period of confinement adiudged, be further confined until a fixed period considered an equivalent punishment to the fine has expired. The total period of confinement so adiudged shall not exceed the iurisdictional limitations of the court- martial;" f. R.C.M. \177003(b)(7) is amended to read as follows: "(7) Confinement. The place of confinement shall not be designated by the court-martial. When confinement for life is authorized, it may be with or without eligibility for parole. A court-martial shall not adiudge a sentence to solitary confinement or to confinement without hard labor;". 212

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