10 U.S. Code Subchapter V - COMPOSITION OF COURTS-MARTIAL

Sec.

Art.

822.

22.

Who may convene general courts-martial.

823.

23.

Who may convene special courts-martial.

824.

24.

Who may convene summary courts-martial.

825.

25.

Who may serve on courts-martial.

825a.

25a.

Number of members in capital cases.

826.

26.

Military judge of a general or special court-martial.

826a.

26a.

Military magistrates.

827.

27.

Detail of trial counsel and defense counsel.

828.

28.

Detail or employment of reporters and interpreters.

829.

29.

Absent and additional members.

Amendment of Analysis

Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that amendment by section 1081(d)(19)(A), (B) of Pub. L. 115–91, amending section 5541(2)(A), (C) of Pub. L. 114–328, set out below, is effective as of Dec. 23, 2016, and as if included within the amendment made by Pub. L. 114–328, as enacted. See 2017 Amendment note below.

Pub. L. 114–328, div. E, title LXIII, §§ 5541(2)(A), (C), 5542, Dec. 23, 2016, 130 Stat. 2965, 2967, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this analysis is amended by striking items 825a and 829 and inserting the following new items:

Sec.

Art.

825a.

25a.

Number of court-martial members in capital cases.

829.

29.

Assembly and impaneling of members; detail of new members and military judges.

See 2016 Amendment note below.

Amendments

2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, amended section 5541(2) of Pub. L. 114–328. See 2016 Amendment note below.

2016—Pub. L. 114–328, div. E, title LXIII, § 5541(2), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, added items 825a, 826a, and 829 and struck out former items 825a “Art. 25a. Number of members in capital cases” and 829 “Art. 29. Absent and additional members”.

2001—Pub. L. 107–107, div. A, title V, § 582(b)(2), Dec. 28, 2001, 115 Stat. 1124, added item 825a.

1968—Pub. L. 90–632, § 2(8), Oct. 24, 1968, 82 Stat. 1336, substituted “Military judge of a general or special court-martial” for “Law officer of a general court-martial” in item 826.

 

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