10 U.S.C. § 807 — Art. 7. Apprehension

Page 725 TITLE 10—ARMED FORCES § 807 ‘‘(but who is not a member of the armed forces)’’ after ‘‘under 18 years of age’’ and substituted ‘‘designate a representative’’ for ‘‘designate a legal guardian from among the representatives’’, ‘‘another suitable indi- vidual’’ for ‘‘other suitable person’’, and ‘‘the indi- vidual’’ for ‘‘the person’’. Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by section 531(a) of Pub. L. 115–91 effec- tive immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(B) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as pro- vided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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. NOTICE TO VICTIMS OF ALLEGED SEX-RELATED AND DO- MESTIC VIOLENCE-RELATED OFFENSES OF PENDENCY OF FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO REFER TO TRIAL BY COURT- MARTIAL Pub. L. 116–92, div. A, title V, § 549, Dec. 20, 2019, 133 Stat. 1379, as amended by Pub. L. 117–81, div. A, title V, § 545, Dec. 27, 2021, 135 Stat. 1711; Pub. L. 118–159, div. A, title V, § 569C, Dec. 23, 2024, 138 Stat. 1907, provided that: ‘‘Notwithstanding section 552a of title 5, United States Code, and under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code), or a case of an alleged domestic violence-related offense (as defined by the Secretary), for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall ensure that the vic- tim (or the victim’s legal counsel if so requested by the victim) is periodically notified of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination. Upon such final determination, the commander shall ensure that the victim (or the victim’s legal counsel if so requested by the victim) is notified of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the com- mander determines to be relevant.’’ IMPLEMENTATION Pub. L. 113–66, div. A, title XVII, § 1701(b), Dec. 26, 2013, 127 Stat. 953, provided that: ‘‘(1) ISSUANCE.—Not later than one year after the date of the enactment of this Act [Dec. 26, 2013]— ‘‘(A) the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Mar- tial to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Mili- tary Justice), as added by subsection (a); and ‘‘(B) the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Sec- retary considers appropriate to implement such sec- tion. ‘‘(2) MECHANISMS FOR AFFORDING RIGHTS.—The rec- ommendations and regulations required by paragraph (1) shall include the following: ‘‘(A) Mechanisms for ensuring that victims are no- tified of, and accorded, the rights specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by sub- section (a). ‘‘(B) Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Depart- ment of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and ac- corded, the rights specified in such section. ‘‘(C) Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of appli- cations for such rights. ‘‘(D) The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights. ‘‘(E) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.’’ SUBCHAPTER II—APPREHENSION AND RESTRAINT Sec. Art. 807. 7. Apprehension. 808. 8. Apprehension of deserters. 809. 9. Imposition of restraint. 810. 10. Restraint of persons charged. 811. 11. Reports and receiving of prisoners. 812. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others. 813. 13. Punishment prohibited before trial. 814. 14. Delivery of offenders to civil authorities. Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, § 5541(1). See 2016 Amendment note below. 2016—Pub. L. 114–328, div. E, title LXIII, § 5541(1), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, substituted ‘‘Restraint of persons charged’’ for ‘‘Restraint of persons charged with offenses’’ in item 810 and ‘‘Prohibition of confinement of members of the armed forces with enemy prisoners and certain others’’ for ‘‘Confinement with enemy prisoners prohibited’’ in item 812. § 807. Art. 7. Apprehension (a) Apprehension is the taking of a person into custody. (b) Any person authorized under regulations governing the armed forces to apprehend per- sons subject to this chapter or to trial there- under may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and dis- orders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein. Page 726 TITLE 10—ARMED FORCES § 808 (Aug. 10, 1956, ch. 1041, 70A Stat. 39.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 807(a) ...... 807(b) ...... 50:561(a). 50:561(b). May 5, 1950, ch. 169, § 1 (Art. 7), 64 Stat. 111. 807(c) ...... 50:561(c). In subsection (a), the words ‘‘into custody’’ and ‘‘of a person’’ are transposed. In subsection (c), the words ‘‘All’’ and ‘‘shall’’ are omitted as surplusage. The word ‘‘Commissioned’’ is in- serted before the word ‘‘officers’’ for clarity. The word ‘‘therein’’ is substituted for the words ‘‘in the same’’. § 808. Art. 8. Apprehension of deserters Any civil officer having authority to appre- hend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily ap- prehend a deserter from the armed forces and deliver him into the custody of those forces. (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 808 .......... 50:562. May 5, 1950, ch. 169, § 1 (Art. 8), 64 Stat. 111. The word ‘‘may’’ is substituted for the words ‘‘It shall be lawful for * * * to’’. The words ‘‘a State, Territory, Commonwealth, or possession, or the District of Co- lumbia’’ are substituted for the words ‘‘any State, Dis- trict, Territory, or possession of the United States’’. The words ‘‘of the United States’’, before the words ‘‘and deliver’’, are omitted as surplusage. The words ‘‘those forces’’ are substituted for the words ‘‘the armed forces of the United States’’, after the words ‘‘custody of’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘Commonwealth, possession,’’ for ‘‘Territory, Commonwealth, or posses- sion,’’. § 809. Art. 9. Imposition of restraint (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an of- fense, directing him to remain within certain specified limits. Confinement is the physical re- straint of a person. (b) An enlisted member may be ordered into arrest or confinement by any commissioned offi- cer by an order, oral or written, delivered in per- son or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommis- sioned officers to order enlisted members of his command or subject to his authority into arrest or confinement. (c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or con- finement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another com- missioned officer. The authority to order such persons into arrest or confinement may not be delegated. (d) No person may be ordered into arrest or confinement except for probable cause. (e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 809(a) ...... 809(b) ...... 50:563(a). 50:563(b). May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111. 809(c) ...... 50:563(c). 809(d) ...... 50:563(d). 809(e) ...... 50:563(e). In subsection (b), the word ‘‘commissioned’’ is in- serted before the word ‘‘officer’’ for clarity. The words ‘‘member’’ and ‘‘members’’, respectively, are sub- stituted for the words ‘‘person’’ and ‘‘persons’’. In subsection (c), the words ‘‘A commissioned’’ are substituted for the word ‘‘An’’ for clarity. The word ‘‘commissioned’’ is inserted after the word ‘‘another’’ for clarity. In subsection (d), the word ‘‘may’’ is substituted for the word ‘‘shall’’. In subsection (e), the word ‘‘limits’’ is substituted for the words ‘‘shall be construed to limit’’. § 810. Art. 10. Restraint of persons charged (a) IN GENERAL.—(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the cir- cumstances require. (2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person or- dinarily shall not be ordered into confinement. (b) NOTIFICATION TO ACCUSED AND RELATED PROCEDURES.—(1) When a person subject to this chapter is ordered into arrest or confinement be- fore trial, immediate steps shall be taken— (A) to inform the person of the specific of- fense of which the person is accused; and (B) to try the person or to dismiss the charges and release the person. (2) To facilitate compliance with paragraph (1), the President shall prescribe regulations set- ting forth procedures relating to referral for trial, including procedures for prompt for- warding of the charges and specifications and, if applicable, the preliminary hearing report sub- mitted under section 832 of this title (article 32). (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 810 .......... 50:564. May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111. The word ‘‘he’’ is substituted for the words ‘‘such per- son’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘Any person sub-