    [Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (1999, Book II)]
    [October 7, 1999]
    [Pages 1710-1711]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on the Manual for Courts-Martial
    October 7, 1999

        I have signed an Executive order amending the Manual for Courts-
    Martial, which sets out procedures for criminal trials in the Armed
    Forces. The amendments make a number of desirable changes to modernize
    the rules of evidence that apply to court-martial proceedings and to
    take into account recent court decisions. These changes have been
    recommended by a committee of experts representing all the military
    services.
        There are four principal changes. First, the new rules provide that
    evidence that a violent

    [[Page 1711]]

    crime was a hate crime may be presented to the sentencing authority as
    an aggravating factor in the determination of the appropriate sentence.
    As in the case of laws that apply in civilian courts, this rule sends a
    strong message that violence based on hatred will not be tolerated. In
    particular, the rules provide that the sentencing authority may consider
    whether the offense was motivated by the victim's race, color, religion,
    national origin, ethnicity, gender, disability, or sexual orientation.
        Second, the rules provide special procedures for cases in which
    there are allegations of child abuse and children are called to testify.
    The new rules allow for televised testimony from a location other than
    the courtroom and provide for other special procedures to make it as
    easy as possible for children who are witnesses to testify completely
    and accurately. These provisions are similar to those applied in most
    civilian courts.
        Third, the order adds a new evidentiary rule to court-martial
    proceedings providing that most statements to a psychotherapist are
    privileged. The purpose of this change is to encourage candid
    confidential communications between patients and mental health
    professionals. It is similar to a privilege that is recognized by the
    Federal courts and courts of virtually all States. The privilege is not
    absolute, and the exceptions make clear that communications must still
    be disclosed when necessary for the safety and security of military
    personnel and in other compelling cases.
        Finally, the new rules create the offense of reckless endangerment
    as an additional crime under the Uniform Code of Military Justice. This
    offense is similar to that found in most State codes.

    Note: The Executive order of October 6 is listed in Appendix D at the
    end of this volume.