Page:Title 3 CFR 2007 Compilation.djvu/208

 EO 13430 Title 3--The President (3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0A0 grams of al- cohol per \17700 milliliters of blood and with respect to alcohol concentra- tion in a person's breath is 0A0 grams of alcohol per 2\1770 liters of breath, as shown by chemical analysis. (4) In this subsection: (A) The term "blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited. (B) The term "United States" includes the District of Columbia, the Com- monwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term "State" includes each of those jurisdictions. (d) Paragraph 35b(2)(c) is amended to read as follows: "(c) the alcohol concentration in the accused's blood or breath equaled to or exceeded the applicable limit under subparagraph (b) of paragraph 35a. [NOTE: If injury resulted add the following element]" (e) Para 35f is amended to read as follows: "In that (personal jurisdiction data), did (at/onboard location)(subject matter jurisdiction data, if required), on or about 20, (in the motor pool area)(near the Officer's Club)(at the intersection of and )(while in the Gulf of Mexico)(while in flight over North America) physically control [a vehicle, to wit: (a truck)(a passenger car)] [an aircraft, to wit: (an AH 64 helicopter)(an F \1774 A fighter)(a KC 135 tank- er)][a vessel, to wit: (the aircraft carrier USS)(the Coast Cutter)], [while drunk][while impaired by ][while the alcohol concentration in his (blood or breath equaled or exceeded the applicable limit under subparagraph (b) of para- graph 35a) as shown by chemical analysis][in a (reckless)(wanton) man- ner by (attempting to pass another vehicle on a sharp curve)(by ordering that the aircraft be flown below the authorized altitude)] [and did thereby cause said (vehicle)(aircraft)(vessel) to (strike and )(injure (f) By inserting the new paragraph 44a: "44a. Article 11\365a--Death or injury of an unborn child a. Text. (a)(l) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section \177365 of title \1778 to, a child who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother. (2) An offense under this section does not require proof that -- 208

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