§ 829. Art. 29. Assembly and impaneling of members; detail of new members and military judges

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. 47 · 70A Stat. 47

   Enacted · 10 U.S.C. § 829

   Aug. 10, 1956, ch. 1041, 70A Stat. 47

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 47

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(11)(A) · 82 Stat. 1335

   Substituted · 10 U.S.C. § 829(a)

   Pub. L. 90–632, § 2(11)(A), substituted “court has been assembled for the trial of the accused” for “accused has been arraigned”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) by striking out “accused has been arraigned” in subsection (a) and inserting “court has been assembled Tor the trial of the accused” in place thereof;

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(11)(B) · 82 Stat. 1335

   1. Inserted · 10 U.S.C. § 829(b)

      Pub. L. 90–632, § 2(11)(B), inserted reference to court-martial composed of a military judge alone

   2. Struck · 10 U.S.C. § 829(b)

      Pub. L. 90–632, § 2(11)(B), struck out reference to oath of members

   3. Inserted · 10 U.S.C. § 829(b)

      Pub. L. 90–632, § 2(11)(B), inserted 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–632, § 2(11)(B), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and inserted 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.

   Enacted provision · exact public law section
   (B) by inserting“, other than a general court-martial composed of a military judge only,” after “court-martial” in the first sentence of subsection (b); and by amending the last sentence of subsection (b) to read as follows: “The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.”;

4. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(11)(C) · 82 Stat. 1335

   1. Inserted · 10 U.S.C. § 829(c)

      Pub. L. 90–632, § 2(11)(C), inserted reference to court-martial composed of a military judge alone

   2. Struck · 10 U.S.C. § 829(c)

      Pub. L. 90–632, § 2(11)(C), struck out reference to oath of members

   3. Substituted · 10 U.S.C. § 829(c)

      Pub. L. 90–632, § 2(11)(C), substituted evidence previously introduced for testimony of previously examined witnesses as the body of evidence which the verbatim record must cover

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–632, § 2(11)(C), inserted reference to court-martial composed of a military judge alone, struck out reference to oath of members, and substituted evidence previously introduced for testimony of previously examined witnesses as the body of evidence which the verbatim record must cover.

   Enacted provision · exact public law section
   (C) by inserting “, other than a special court-martial composed of a military judge only,” after “court-martial” in the first sentence of subsection (c); and by amending the last sentence of subsection (c) to read as follows: “The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides,”; and

5. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(11)(D) · 82 Stat. 1335

   Added · 10 U.S.C. § 829(d)

   Pub. L. 90–632, § 2(11)(D), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d) Pub. L. 90–632, § 2(11)(D), added subsec. (d).

   Enacted provision · exact public law section
   (D) by adding the following new subsection at the end thereof: “(d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816 (1)(B) or (2)(C) of this title (article 16 (1)(B) or (2)(C)), after the detail Ante, p. 1335. of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.”

6. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 3(d) · 97 Stat. 1393

   Substituted · 10 U.S.C. § 829(a)

   Pub. L. 98–209 substituted “unless excused as a result of a challenge, excused by the military 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”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–209 substituted “unless excused as a result of a challenge, excused by the military 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”.

   Enacted provision · exact public law section
   (d) 10 USC 838. Section 829(a) (article 29(a)) is amended by striking out “except for” and all that follows through the period and inserting in lieu thereof the following: “unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.”.

7. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   1. Amended · 10 U.S.C. § 829(b)

      Pub. L. 107–107 designated existing provisions as par. (1)

   2. Substituted · 10 U.S.C. § 829(b)

      Pub. L. 107–107 substituted “the applicable minimum number of members” for “five members” in two places

   3. Added · 10 U.S.C. § 829(b)

      Pub. L. 107–107 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–107 designated existing provisions as par. (1), substituted “the applicable minimum number of members” for “five members” in two places, and added par. (2).

   Enacted provision · exact public law section
   (c) Absent and Additional Members.— Section 829(b) of such title (article 29 of the Uniform Code of Military Justice) is amended— (1) by inserting “(1)” after “(b)”; (2) by striking “five members” both places it appears and inserting “the applicable minimum number of members”; and (3) by adding at the end the following new paragraph: “(2) In this section, the term ‘applicable minimum number of members’ means five members or, in a case in which the death penalty may be adjudged, the number of members determined under section 825a of this title (article 25a).”.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LV § 5187 · 130 Stat. 2000

   Amended · 10 U.S.C. § 829

   Pub. L. 114–328 amended section generally. Prior to amendment, section related to absent and additional members of a general or special court-martial

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section related to absent and additional members of a general or special court-martial.

   Enacted provision · exact public law section
   SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED MATTERS.   Section 829 of title 10, United States Code (article 29 of the Uniform Code of Military Justice), is amended to read as follows: “§ 829. Art 29. Assembly and impaneling of members; detail of new members and military judges “(a) Assembly.— The military judge shall announce 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 convening 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, impanel the court-martial; and “(B) excuse the members who, having been assembled, 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 members under subsection (b), the military judge shall impanel alternate members, if the convening 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 impanels new members sufficient in number to provide 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-martial 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 previously 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 evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.” .

   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.

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