§ 810. Art. 10. Restraint of persons charged

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 40 · 70A Stat. 40

   Enacted · 10 U.S.C. § 810

   Aug. 10, 1956, ch. 1041, 70A Stat. 40

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 40

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LII § 5121 · 130 Stat. 2000

   Amended · 10 U.S.C. § 810

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.”

   Enacted provision · exact public law section
   SEC. 5121. RESTRAINT OF PERSONS CHARGED.   Section 810 of title 10, United States Code (article 10 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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 circumstances 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 ordinarily 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 before trial, immediate steps shall be taken— “(A) to inform the person of the specific offense 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 setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under section 832 of this title (article 32).” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability 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.

1 of 2 references resolved to an enrolled provision · 1 partial