10 U.S.C. § 829 — Art. 29. Assembly and impaneling of mem-

Page 744 TITLE 10—ARMED FORCES § 828 ‘‘(B) The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters. ‘‘(C) Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot pro- gram have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards. ‘‘(D) Such other matters as the Secretary con- cerned considers appropriate. ‘‘(5) REPORT.—Not later than four years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs con- ducted under this section. The report shall include the following: ‘‘(A) A description and assessment of each pilot program. ‘‘(B) Such recommendations as the Secretary con- siders appropriate in light of the pilot programs, in- cluding whether any pilot program should be ex- tended or made permanent. ‘‘(e) SECRETARY CONCERNED DEFINED.—In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.’’ § 828. Art. 28. Detail or employment of reporters and interpreters Under such regulations as the Secretary con- cerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the pro- ceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. This section does not apply to a military commission established under chapter 47A of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 828 .......... 50:592. May 5, 1950, ch. 169, § 1 (Art. 28), 64 Stat. 117. The words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Department’’. The words, ‘‘detail or employ’’ are substituted for the word ‘‘ap- point’’, since the filling of the position involved is not appointment to an office in the constitutional sense. Editorial Notes AMENDMENTS 2006—Pub. L. 109–366 inserted last sentence. § 829. Art. 29. Assembly and impaneling of mem- bers; detail of new members and military judges (a) ASSEMBLY.—The military judge shall an- nounce the assembly of a general or special court-martial with members. After such a court- martial is assembled, no member may be absent, unless the member is excused— (1) as a result of a challenge; (2) under subsection (b)(1)(B); or (3) by order of the military judge or the con- vening authority for disability or other good cause. (b) IMPANELING.—(1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall— (A) after determination of challenges, im- panel the court-martial; and (B) excuse the members who, having been as- sembled, are not impaneled. (2) In a general court-martial, the military judge shall impanel— (A) 12 members in a capital case; and (B) eight members in a noncapital case. (3) In a special court-martial, the military judge shall impanel four members. (c) ALTERNATE MEMBERS.—In addition to mem- bers under subsection (b), the military judge shall impanel alternate members, if the con- vening authority authorizes alternate members. (d) DETAIL OF NEW MEMBERS.—(1) If, after members are impaneled, the membership of the court-martial is reduced to— (A) fewer than 12 members with respect to a general court-martial in a capital case; (B) fewer than six members with respect to a general court-martial in a noncapital case; or (C) fewer than four members with respect to a special court-martial; the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge im- panels new members sufficient in number to pro- vide the membership specified in paragraph (2). (2) The membership referred to in paragraph (1) is as follows: (A) 12 members with respect to a general court-martial in a capital case. (B) At least six but not more than eight members with respect to a general court-mar- tial in a noncapital case. (C) Four members with respect to a special court-martial. (e) DETAIL OF NEW MILITARY JUDGE.—If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court- martial. (f) EVIDENCE.—(1) In the case of new members under subsection (d), the trial may proceed with the new members present after the evidence pre- viously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides. (2) In the case of a new military judge under subsection (e), the trial shall proceed as if no evidence had been introduced, unless the evi- dence previously introduced is read or, in the case of audiotape, videotape, or similar record- ing, is played, in the presence of the new mili- tary judge, the accused, and counsel for both sides. (Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 90–632, § 2(11), Oct. 24, 1968, 82 Stat. 1337; Pub. L. Page 745 TITLE 10—ARMED FORCES § 830 98–209, § 3(d), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(c), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LV, § 5187, Dec. 23, 2016, 130 Stat. 2902.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 829(a) ...... 829(b) ...... 50:593(a). 50:593(b). May 5, 1950, ch. 169, § 1 (Art. 29), 64 Stat. 117. 829(c) ...... 50:593(c). In subsections (a), (b), and (c), the word ‘‘may’’ is sub- stituted for the word ‘‘shall’’. In subsections (b) and (c), the word ‘‘details’’ is sub- stituted for the word ‘‘appoints’’, since the filling of the position involved is not appointment to an office in the constitutional sense. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to absent and additional members of a general or special court-martial. 2001—Subsec. (b). Pub. L. 107–107 designated existing provisions as par. (1), substituted ‘‘the applicable min- imum number of members’’ for ‘‘five members’’ in two places, and added par. (2). 1983—Subsec. (a). Pub. L. 98–209 substituted ‘‘unless excused as a result of a challenge, excused by the mili- tary judge for physical disability or other good cause, or excused by order of the convening authority for good cause’’ for ‘‘except for physical disability or as a result of a challenge or by order of the convening authority for good cause’’. 1968—Subsec. (a). Pub. L. 90–632, § 2(11)(A), substituted ‘‘court has been assembled for the trial of the accused’’ for ‘‘accused has been arraigned’’. Subsec. (b). Pub. L. 90–632, § 2(11)(B), inserted ref- erence to court-martial composed of a military judge alone, struck out reference to oath of members, and in- serted provisions requiring that only the evidence which has been introduced before members of the court be read to the court and that all evidence, not merely testimony, be included. Subsec. (c). Pub. L. 90–632, § 2(11)(C), inserted ref- erence to court-martial composed of a military judge alone, struck out reference to oath of members, and substituted evidence previously introduced for testi- mony of previously examined witnesses as the body of evidence which the verbatim record must cover. Subsec. (d) Pub. L. 90–632, § 2(11)(D), added subsec. (d). Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 applicable with re- spect to offenses committed after Dec. 31, 2002, see sec- tion 582(d) of Pub. L. 107–107, set out as a note under section 816 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. SUBCHAPTER VI—PRE-TRIAL PROCEDURE Sec. Art. 830. 30. Charges and specifications. 830a. 30a. Proceedings conducted before referral. 831. 31. Compulsory self-incrimination prohib- ited. 832. 32. Preliminary hearing required before re- ferral to general court-martial. 833. 33. Disposition guidance. 834. 34. Advice to convening authority before re- ferral for trial. 835. 35. Service of charges; commencement of trial. Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. A, title V, § 531(b)(2), Dec. 20, 2019, 133 Stat. 1359, substituted ‘‘Proceedings conducted before referral’’ for ‘‘Certain proceedings conducted be- fore referral’’ in item 830a. 2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (C), Dec. 12, 2017, 131 Stat. 1601, amended Pub. L. 114–328, § 5541(3). See 2016 Amendment note below. 2016—Pub. L. 114–328, div. E, title LXIII, § 5541(3), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (C), Dec. 12, 2017, 131 Stat. 1601, added item 830a and substituted ‘‘Prelimi- nary hearing required before referral to general court- martial’’ for ‘‘Preliminary hearing’’ in item 832, ‘‘Dis- position guidance’’ for ‘‘Forwarding of charges’’ in item 833, ‘‘Advice to convening authority before referral for trial’’ for ‘‘Advice of staff judge advocate and reference for trial’’ in item 834, and ‘‘Service of charges; com- mencement of trial’’ for ‘‘Service of charges’’ in item 835. 2013—Pub. L. 113–66, div. A, title XVII, § 1702(a)(2), Dec. 26, 2013, 127 Stat. 955, substituted ‘‘Preliminary hearing’’ for ‘‘Investigation’’ in item 832. § 830. Art. 30. Charges and specifications (a) IN GENERAL.—Charges and specifications— (1) may be preferred only by a person subject to this chapter; and (2) shall be preferred by presentment in writ- ing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. (b) REQUIRED CONTENT.—The writing under subsection (a) shall state that— (1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and (2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. (c) DUTY OF PROPER AUTHORITY.—When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable— (1) inform the person accused of the charges and specifications; and (2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline. (Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 114–328, div. E, title LVI, § 5201, Dec. 23, 2016, 130 Stat. 2904.)