10 U.S. Code § 834 - Art. 34. Advice to convening authority before referral for trial
Pub. L. 117–81, div. A, title V, §§ 537, 539C, Dec. 27, 2021, 135 Stat. 1697, 1699, provided that, effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability, this section is amended:
(1) in subsection (a)(1), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;
(2) in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;
(3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively;
(4) by inserting after subsection (b) the following new subsection:
“(c) Covered Offenses.—A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made—
“(1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that—
“(A) each specification under a charge alleges an offense under this chapter;
“(B) there is probable cause to believe that the accused committed the offense charged; and
“(C) a court-martial would have jurisdiction over the accused and the offense; or
“(2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section.”; and
(5) in subsection (e), as so redesignated, by inserting “or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel,” after “convening authority”.
See 2021 Amendment notes below.
Historical and Revision Notes |
||
---|---|---|
Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
834(a) 834(b) |
50:605(a). 50:605(b). |
May 5, 1950, ch. 169, § 1 (Art. 34), 64 Stat. 119. |
In subsection (a), the word “may” is substituted for the word “shall”.
2021—Subsec. (a)(1). Pub. L. 117–81, § 537(1), substituted “Subject to subsection (c), before referral” for “Before referral” in introductory provisions.
Subsec. (b). Pub. L. 117–81, § 537(2), substituted “Subject to subsection (c), before referral” for “Before referral”.
Subsecs. (c), (d). Pub. L. 117–81, § 537(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 117–81, § 537(5), inserted “or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel,” after “convening authority”.
Pub. L. 117–81, § 537(3), redesignated subsec. (d) as (e).
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to reference of charge to staff judge advocate for consideration and advice before trial, written and signed statement of advice by the staff judge advocate, and corrections to charges and specifications, respectively.
2014—Subsec. (a)(2). Pub. L. 113–291 inserted “(if there is such a report)” after “(article 32)”.
2013—Subsec. (a)(2). Pub. L. 113–66 substituted “a preliminary hearing under section 832 of this title (article 32)” for “investigation under section 832 of this title (article 32) (if there is such a report)”.
1983—Subsec. (a). Pub. L. 98–209, § 4(a), substituted “judge advocate” for “judge advocate or legal officer”, and provisions that the convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that the specification alleges an offense under this chapter, the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report), and a court-martial would have jurisdiction over the accused and the offense, for provision that the convening authority could not refer a charge to a general court-martial for trial unless he found that the charge alleged an offense under this chapter and was warranted by evidence indicated in the report of investigation.
Subsecs. (b), (c). Pub. L. 98–209, § 4(b), added subsec. (b) and redesignated former subsec. (b) as (c).
Amendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Amendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that effective date, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which charges were referred to trial before that date, and proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (3) of Pub. L. 98–209, set out as a note under section 801 of this title.
Pub. L. 113–66, div. A, title XVII, § 1744, Dec. 26, 2013, 127 Stat. 980, as amended by Pub. L. 113–291, div. A, title V, § 541, Dec. 19, 2014, 128 Stat. 3371, provided that: