EO 13387 Title 3--The President Changes to Appendix 23, Analysis of Punitive Articles (a) Paragraph 14. The Analysis accompanying Punitive Article 90 is amended by inserting the following new subparagraph c(2)(a)(ii) and redesignating existing subparagraphs (a)(ii) through (iv) as (a)(iii) through (v): "(ii) 2005 Amendment: The Court of Appeals for the Armed Forces held that the lawfulhess of an order is a question of law to be determined by the military judge, not the trier of fact. See United States v. New, 55 M.J. 95, 100-01 (C.A.A.F. 2001)." (b) Paragraph 35. The Analysis accompanying Punitive Article 111 is amended by inserting the following new paragraph at the end of paragraph a: "Additionally, this change defines the offense in terms of what alcohol concentration level is prohibited by operation of State law or as otherwise provided. Also, the text reflects an amendment to section 911 of title 10, United States Code, in section 552 of the National Defense Authorization Act for Fiscal Year 2004 to restore the blood alcohol concentration limit that defines the offense of drunken operation of a vehicle, aircraft, or vessel in the United States to the limit that existed before the passage of section 581 of the National Defense Authorization Act for Fiscal Year 2002. Before passage of that Act, m\177 alcohol concentration level in the person's blood or breath of 0.10 grams "or more" of alcohol per 100 milliliters of blood (or 210 liters of breath) was a punishable offense. By relying on the term "blood alcohol content limit," as defined to be the maximum permissible concentration to operate a vehicle, aircraft, or vessel, section 581 resulted in eliminating the level of 0.10 grmns as a prohibited Ievel of alcohol concentration and raised the definition of the offense to some level in excess of 0.10 grams." (c) Analysis for paragraph 97 is amended by adding the following: "2005 Amendment: b. Elements. Subparagraph (2) defines the elements of the offense of patronizing a prostitute. Old subparagraphs (2) and (3) are now (3) and (4) respectively." (d) Paragraph 109. The Analysis accompanying Punitive Article 134, subparagraph c, is
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