§ 825a. Art. 25a. Number of court-martial members in capital cases

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. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 582(b)(1) · 115 Stat. 1012

   Enacted · 10 U.S.C. § 825a

   Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124

   Source evidence

   Code source credit
   Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124

   Enacted provision · exact public law section
   (1) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 825 (article 25) the following new section: “§ 825a. Art. 25a. Number of members in capital cases “In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.”.

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LV § 5183 · 130 Stat. 2000

   Amended · 10 U.S.C. § 825a

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.”

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.”

   Enacted provision · exact public law section
   SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES.   Section 825a of title 10, United States Code (article 25a of the Uniform Code of Military Justice), is amended to read as follows: “§ 825a. Art. 25a. Number of court-martial members in capital cases “(a) In General.— In a case in which the accused may be sentenced to death, the number of members shall be 12. “(b) Case No Longer Capital.— Subject to section 829 of this title (article 29)— “(1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and “(2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.” .

   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.

2 of 2 references resolved to an enrolled provision