10 USC 830a - Art. 30a. Proceedings conducted before referral

U.S Code last checked for updates: Nov 22, 2024

§ 830a.

Art. 30a. Proceedings conducted before referral

(a)

In General.—

(1)

The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:

(A)

Pre-referral investigative subpoenas.

(B)

Pre-referral warrants or orders for electronic communications.

(C)

Pre-referral matters referred by an appellate court.

(D)

Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).

(E)

Pre-referral matters relating to the following:

(i)

Pre-trial confinement of an accused.

(ii)

The mental capacity or mental responsibility of an accused.

(iii)

A request for an individual military counsel.

(2)

In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—

(A)

set forth the matters that a military judge may rule upon in such proceedings;

(B)

include procedures for the review of such rulings;

(C)

include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and

(D)

provide such limitations on the relief that may be ordered under this section as the President considers appropriate.

(3)

If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.

(b)

Detail of Military Judge.—

The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1).

(c)

Discretion to Designate Magistrate to Preside.—

In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.

(Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904; amended Pub. L. 115–91, div. A, title V, § 531(b), Dec. 12, 2017, 131 Stat. 1384; Pub. L. 116–92, div. A, title V, § 531(a), (b)(1), Dec. 20, 2019, 133 Stat. 1359.)

cite as: 10 USC 830a