10 U.S.C. § 948m — Number of members; excuse of members;

Page 856 TITLE 10—ARMED FORCES § 948m for the military commission, and for the ac- cused. (c) TRANSCRIPT; RECORD.—The transcript of a military commission under this chapter shall be under the control of the convening authority of the military commission, who shall also be re- sponsible for preparing the record of the pro- ceedings of the military commission. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2578.) Editorial Notes PRIOR PROVISIONS A prior section 948l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2605, related to detail or employ- ment of reporters and interpreters, prior to the general amendment of this chapter by Pub. L. 111–84. § 948m. Number of members; excuse of members; absent and additional members (a) NUMBER OF MEMBERS.—(1) Except as pro- vided in paragraph (2), a military commission under this chapter shall have at least five pri- mary members and as many alternate members as the convening authority shall detail. Alter- nate members shall be designated in the order in which they will replace an excused primary member. (2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by section 949m(c) of this title. (b) PRIMARY MEMBERS.—Primary members of a military commission under this chapter are vot- ing members. (c) ALTERNATE MEMBERS.—(1) A military com- mission may include alternate members to re- place primary members who are excused from service on the commission. (2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed. (d) EXCUSE OF MEMBERS.—No primary or alter- nate member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused— (1) as a result of challenge; (2) by the military judge for physical dis- ability or other good cause; (3) by order of the convening authority for good cause; or (4) in the case of an alternate member, in order to reduce the number of alternate mem- bers required for service on the commission, as determined by the convening authority. (e) ABSENT AND ADDITIONAL MEMBERS.—When- ever the number of primary members of a mili- tary commission under this chapter is reduced below the number of primary members required by subsection (a) and there are no remaining al- ternate members to replace the excused primary members, the trial may not proceed unless the convening authority details new members suffi- cient to provide not less than such number. The trial may proceed with the new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as provided in section 949d of this title), and counsel for both sides. An alternate member who was present for the introduction of all evidence shall not be con- sidered to be a new or additional member. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2579; amended Pub. L. 113–66, div. A, title X, § 1031(a), Dec. 26, 2013, 127 Stat. 849.) Editorial Notes PRIOR PROVISIONS A prior section 948m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2606, related to number of mem- bers, excuse of members, and absent and additional members of a military commission, prior to the general amendment of this chapter by Pub. L. 111–84. AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–66, § 1031(a)(1)(A), sub- stituted ‘‘at least five primary members and as many alternate members as the convening authority shall de- tail’’ for ‘‘at least five members’’ and inserted at end ‘‘Alternate members shall be designated in the order in which they will replace an excused primary member.’’ Subsec. (a)(2). Pub. L. 113–66, § 1031(a)(1)(B), inserted ‘‘primary’’ before ‘‘members’’. Subsecs. (b), (c). Pub. L. 113–66, § 1031(a)(2)(B), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesig- nated (d) and (e), respectively. Subsec. (d). Pub. L. 113–66, § 1031(a)(2)(A), (3), redesig- nated subsec. (b) as (d), inserted ‘‘primary or alternate’’ before ‘‘member’’ in introductory provisions, and added par. (4). Subsec. (e). Pub. L. 113–66, § 1031(a)(2)(A), (4), redesig- nated subsec. (c) as (e), substituted ‘‘Whenever the number of primary members of a military commission under this chapter is reduced below the number of pri- mary members required by subsection (a) and there are no remaining alternate members to replace the excused primary members’’ for ‘‘Whenever a military commis- sion under this chapter is reduced below the number of members required by subsection (a)’’, and inserted at end ‘‘An alternate member who was present for the in- troduction of all evidence shall not be considered to be a new or additional member.’’ SUBCHAPTER III—PRE-TRIAL PROCEDURE Sec. 948q. Charges and specifications. 948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination; admission of other statements of the accused. 948s. Service of charges. § 948q. Charges and specifications (a) CHARGES AND SPECIFICATIONS.—Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— (1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and (2) that such matters are true in fact to the best of the signer’s knowledge and belief. (b) NOTICE TO ACCUSED.—Upon the swearing of the charges and specifications in accordance