Page:Title 3 CFR 2002 Compilation.djvu/226

 Executive Orders EO 13262 g. R.C.M. 1004(e) is amended to read as follows: "(e) Other penalties. Except for a violation of Article 106, when death is an authorized punishment for an offense, all other punishments au- thorized under R.C.M. 1003 are also authorized for that offense, includ- ing confinement for life, with or without eligibility for parole, and may be adjudged in lieu of the death penalty, subject to limitations specifi- cally prescribed in this Manual. A sentence of death includes a dishonor- able discharge or dismissal as appropriate. Confinement is a necessary incident of a sentence of death, but not a part of it." h. R.C.M. 1006(d)(4)(B) is amended to read as follows: "(B) Confinement for life, with or without eligibility for parole, or more than \1770 years. A sentence that includes confinement for life, with or without eligibility for parole, or more than \1770 years may be adjudged only if at least three-fourths of the members present vote for that sen- tence." i. R.C.M. 1009(e)(3)(B)(ii) is amended to read as follows: "(ii) In the case of a sentence which includes confinement for life, with or without eligibility for parole, or more than 10 years, more than one-fourth of the members vote to reconsider; or". j. R.C.M. 1103(b)(2)(B)(i) is amended to read as follows: "(i) Any part of the sentence adjudged exceeds six months confine- ment, forfeiture of pay greater than two-thirds pay per month, or any for- feiture of pay for more than six months or other punishments that may be adjudged by a special court-martial; or". k. R.C.M. 1103(c) is amended to read as follows: "(c) Special courts-martial. "(1) Involving a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months. The require- ments of subsections (b)(1), (b)(2)(A), (b)(2)(B), (b)(2)(D), and (b)(3) of this rule shall apply in a special court-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged. "(2) All other special courts-martial. If the special court-martial re- sulted in findings of guilty but a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged, the requirements of subsections (b)(1), (b)(2)(D), and (b)(3)(A)-(F) and (I)-(M) of this rule shall apply.". 1. R.C.M. 1103(f)(1) is amended to read as follows: "(1) Approve only so much of the sentence that could be adjudged by a special court-martial, except that a bad-conduct discharge, confine- ment for more than six months, or forfeiture of two-thirds pay per month for more than six months, may not be approved; or". m. R.C.M. 1104(a)(2)(A) is amended to read as follows: "(A) Authentication by the military judge. In special courts-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged and in general courts-martial, except as provided in subsection (a)(2)(B) of this rule, the military judge present at the end of the proceedings shall au- thenticate the record of trial, or that portion over which the military 213

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