10 U.S.C. § 809 — Art. 9. Imposition of restraint

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-