Executive Orders EO 13262 106-65, ll3 Star. 512 (1999) increasin\365 the iurisdictional maximum pun- ishment at special courts-martial. The amendment ensures all special courts-martial not requirin\365 appellate review are reviewed by a iud\365e advo- cate under R.C.M. ill2.". x. The Analysis to R.C.M. \177305 (d) is amended to read as follows: "(d) Frowarding copies of the record. Subsection (\177) is based on Article 60(b)(2). Subsection (2) is based on the third paragraph of paragraph 9\177c of MCM, 1969 (Rev.). Subsection (3) is self- explanatory. "2001 Amendment: Subsection (d)(2) was amended to strike the ref- erence to "subsection (e)(1)" and insert a reference to "subsection (d)(1)" to reflect the 1995 amendment that redesignated R.C.M. 1305(e) as R.C.M. 1305(d).". 2. Changes to Appendix 22, the Analysis Accompanying the Militmy ttules of Evidence (Part III, MCM). a. The Analysis to Mil. R. Evid. 4\1773 is amended by adding at the end the following now paragraph: "2002 Amendment: Federal Rule of Evidence 4\1775 which created a simi- lar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, \177996, pursuant to Rule \177102. Federal Rule 4\1775, however, is no longer applicable to the Military Rules of Evidence, as stated in Section \177 of Executive Order , 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 4\1775 was deleted because it ap- plies only to federal civil proceedings.". b. The Analysis to Mil. R. Evid. 4\1774 is amended by adding at the end the following now paragraph: "2002 Amendment: Federal Rule of Evidence 415 which created a simi- lar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, \177996, pursuant to Rule \17702. Federal Rule 4\1775, however, is no longer applicable to the Military Rules of Evidence, as stated in Section 1 of Executive Order , 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 4\1775 was deleted because it ap- plies only to federal civil proceedings." c. The analysis to Mil. R. Evid. 6\1775 is amended by adding at the end the following now paragraph: "2002 Amendment: These changes are intended to extend to victims at courts-martial the same rights granted to victims by the Victims' Rights and Restitution Act of 1990, 42 U.S.C. \365 10606(b)(4), giving crime victims '[t]he right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materi- ally affected if the victim heard other testimony at trial,' and the Victim Rights Clarification Act of 1997, \1778 U.S.C. \365 35\1770, which is restated in sub- section (5). For the purposes of this rule, the term 'victim' includes all per- sons defined as victims in 42 U.S.C. \365 10607(e)(2), which means 'a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including'--(A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (t\177) in the case of a victim who is under \1778 years of ago, incompetent, incapaci- tated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court. 229
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