Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 830. Art. 30. Charges and specifications
Statutory text
In General.—
Charges and specifications—
may be preferred only by a person subject to this chapter; and
shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.
Required Content.—
The writing under subsection (a) shall state that—
the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and
the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.
Duty of Proper Authority.—
When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—
inform the person accused of the charges and specifications; and
determine what disposition should be made of the charges and specifications in the interest of justice and discipline.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 47 · 70A Stat. 47
Enacted · 10 U.S.C. § 830
Aug. 10, 1956, ch. 1041, 70A Stat. 47
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 47Military Justice Act of 2016
Pub. L. 114–328 div. E title LVI § 5201 · 130 Stat. 2000
Amended · 10 U.S.C. § 830
Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows:“(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— “(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and “(2) that they are true in fact to the best of his knowledge and belief. “(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.”
Enacted provision · exact public law section
SEC. 5201. CHARGES AND SPECIFICATIONS. Section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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 writing, 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.” .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
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 830(a)830(b) | 50:601(a).50:601(b). | May 5, 1950, ch. 169, § 1 (Art. 30), 64 Stat. 118. |
In subsection (a), the word “they” is substituted for the words “the same”. The word “commissioned” is inserted for clarity.
Editorial Notes
Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows:
“(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—
“(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and
“(2) that they are true in fact to the best of his knowledge and belief.
“(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.”
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , 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.
Timely Disposition of Nonprosecutable Sex-Related Offenses
Pub. L. 116–92, div. A, title V, § 540C, , 133 Stat. 1366, provided that:
“(a) Policy Required.—
Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses.
“(b) Nonprosecutable Sex-related Offense Defined.—
In this section, the term ‘nonprosecutable sex-related offense’ means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.”
Credits
1956–2016 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 47
- 2016Pub. L. 114–328, div. E, title LVI, § 5201, , 130 Stat. 2904.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 114–328, div. E, title LVI, § 5201, , 130 Stat. 2904.)