10 U.S. Code § 846 - Art. 46. Opportunity to obtain witnesses and other evidence
(a) Opportunity To Obtain Witnesses and Other Evidence.— The counsel for the Government, the counsel for the accused, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe.
(b) Counsel for Accused Interview of Victim of Alleged Sex-Related Offense.—
(1)Upon notice by counsel for the Government to counsel for the accused of the name of an alleged victim of an alleged sex-related offense who counsel for the Government intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, counsel for the accused shall make any request to interview the victim through the Special Victims’ Counsel or other counsel for the victim, if applicable.
(2)If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by counsel for the accused shall take place only in the presence of counsel for the Government, a counsel for the victim, or a Sexual Assault Victim Advocate.
(3)In this subsection, the term “alleged sex-related offense” means any allegation of—
(A)a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or
(B)an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80).
(c) Process.— Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–163, div. A, title X, § 1057(a)(6),Jan. 6, 2006, 119 Stat. 3441; Pub. L. 113–66, div. A, title XVII, § 1704,Dec. 26, 2013, 127 Stat. 958; Pub. L. 113–291, div. A, title V, § 531(b),Dec. 19, 2014, 128 Stat. 3363,.)
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|846||50:621.||May 5, 1950, ch. 169, § 1 (Art. 46), 64 Stat. 122.|
The word “Commonwealths” is inserted to reflect the present status of Puerto Rico.
2014—Subsec. (a). Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel”.
Subsec. (b). Pub. L. 113–291, § 531(b)(3)(A), which directed substitution of “Counsel for Accused” for “Defense Counsel” in heading of section, was executed by making the substitution in the heading of subsec. (b) to reflect the probable intent of Congress.
Pub. L. 113–291, § 531(b)(2), (3)(B), substituted “counsel for the Government” for “trial counsel” and “counsel for the accused” for “defense counsel” wherever appearing.
Subsec. (b)(1). Pub. L. 113–291, § 531(b)(1), substituted “through the Special Victims’ Counsel or other counsel for the victim, if applicable” for “through trial counsel”.
2013—Pub. L. 113–66designated first sentence as subsec. (a) and second sentence as subsec. (c), inserted headings, and added subsec. (b).
2006—Pub. L. 109–163substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.
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