[Weekly Compilation of Presidential Documents Volume 35, Number 40 (Monday, October 11, 1999)]
[Page 1953]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Executive Order Amending 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 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.