EO 13430 Title 3--The President with military operational deployment, mission accomplishment, or es- sential training; and, for child witnesses, the traumatic effect of pro- viding in-court testimony." (b) R.C.M. 804 is amended by redesignating paragraphs (b), (c), and (d) as paragraphs (c), (d), and (e), respectively, and inserting the following new paragraph (b): "(b) Presence by remote means. If authorized by the regulations of the Secretary concerned, the military judge may order the use of audiovisual technology, such as videoteleconferencing technology, between the par- ties and the military judge for purposes of Article 39(a) sessions. Use of such audiovisual technology will satisfy the "presence" requirement of the accused only when the accused has a defense counsel physically present at his location. Such technology may include two or more remote sites as long as all parties can see and hear each other." (c) R.C.M. 804(c)(2) is redesignated as R.C.M. 804(d)(2) and amended to read as follows: "(2) Procedure. The accused's absence will be conditional upon his being able to view the witness' testimony from a remote location. Normally, transmission of the testimony will include a system that will transmit the accused's image and voice into the courtroom from a remote location as well as transmission of the child's testimony from the courtroom to the accused's location. A one-way transmission may be used if deemed necessary by the military judge. The accused will also be provided pri- vate, contemporaneous communication with his counsel. The procedures described herein shall be employed unless the accused has made a knowing and affirmative waiver of these procedures." (d) R.C.M. 805(a) is amended by adding at the end the following new sentence: "If authorized by regulations of the Secretary concerned, for purposes of Article 39(a) sessions solely, the presence of the military iudge at Article 39(a) sessions may be satisfied by the use of audiovisual technology, such as videoteleconferencing technology." (e) R.C.M. 805(c) is amended by adding at the end the following new sentences: "If authorized by regulations of the Secretary concerned, for purposes of Article 39(a) sessions solely, the presence of counsel at Article 39(a) ses- sions may be satisfied by the use of audiovisual technology, such as videoteleconferencing technology. At least one qualified defense counsel shall be physically present with the accused." (f) R.C.M. 914A is amended by deleting the third sentence of paragraph (a). (g) R.C.M. 914A is further amended by redesignating paragraph (b) as paragraph (c) and inserting the following new paragraph (b): "(b) DejS'nition. As used in this rule, "remote live testimony" includes, but is not limited to, testimony by videoteleconference, closed circuit tel- evision, or similar technology." (h) New Rule R.C.M. 9\1774B is inserted after R.C.M. 9\1774A: 206
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