§ 830a. Art. 30a. Proceedings conducted before referral

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. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVI § 5202 · 130 Stat. 2000

   Enacted · 10 U.S.C. § 830a

   Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. E, title LVI, § 5202, Dec. 23, 2016, 130 Stat. 2904

   Enacted provision · exact public law section
   SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL.   Subchapter VI of chapter 47 of title 10, United States Code, is amended by inserting after section 830 (article 30 of the Uniform Code of Military Justice) the following new section (article): “§ 830a. Art. 30a. Certain proceedings conducted before referral “(a) In General.— (1) Proceedings may be conducted to review the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President: “(A) Pre-referral investigative subpoenas. “(B) Pre-referral warrants or orders for electronic communications. “(C) Pre-referral matters referred by an appellate court. “(2) The regulations prescribed under paragraph (1) shall— “(A) include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and “(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate. “(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial. “(b) Detail of Military Judge.— The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1). “(c) Discretion to Designate Magistrate to Preside.— In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph (B) of that subsection, may designate a military magistrate to preside over the proceeding.” .

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

2. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 531(b)(1) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 830a(a)(1)

   Pub. L. 115–91, § 531(b)(1), inserted “, or otherwise act on,” after “to review” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–91, § 531(b)(1), inserted “, or otherwise act on,” after “to review” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding subparagraph (A), by inserting “, or otherwise act on,” after “to review”; and

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

3. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 531(b)(2) · 131 Stat. 1283

   Added · 10 U.S.C. § 830a(a)(1)(D)

   Pub. L. 115–91, § 531(b)(2), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 115–91, § 531(b)(2), added subpar. (D).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subparagraph: “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).” .

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after this section takes effect as provided for in section 5542 of Pub. L. 114–328 (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

4. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 531(b)(1) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 830a

   Pub. L. 116–92, § 531(b)(1), substituted “Proceedings conducted before referral” for “Certain proceedings conducted before referral” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 116–92, § 531(b)(1), substituted “Proceedings conducted before referral” for “Certain proceedings conducted before referral” in section catchline.

   Enacted provision · exact public law section
   (1) Heading amendment.— The heading of such section is amended to read as follows: “§ 830a. Art 30a. Proceedings conducted before referral” .

5. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 531(a) · 133 Stat. 1198

   1. Added · 10 U.S.C. § 830a(a)(1); 10 U.S.C. § 830a(a)(2)

      Pub. L. 116–92, § 531(a), added pars. (1) and (2)

   2. Struck · 10 U.S.C. § 830a(a)(1); 10 U.S.C. § 830a(a)(2)

      Pub. L. 116–92, § 531(a), struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 116–92, § 531(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

   “(1) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President: “(A) Pre-referral investigative subpoenas. “(B) Pre-referral warrants or orders for electronic communications. “(C) Pre-referral matters referred by an appellate court. “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). “(2) The regulations prescribed under paragraph (1) shall— “(A) include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and “(B) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.”

   Enacted provision · exact public law section
   (a) In General.— Subsection (a) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: “(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following: “(A) Pre-referral investigative subpoenas. “(B) Pre-referral warrants or orders for electronic communications. “(C) Pre-referral matters referred by an appellate court. “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). “(E) Pre-referral matters relating to the following: “(i) Pre-trial confinement of an accused. “(ii) The mental capacity or mental responsibility of an accused. “(iii) A request for an individual military counsel. “(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall— “(A) set forth the matters that a military judge may rule upon in such proceedings; “(B) include procedures for the review of such rulings; “(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and “(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.” .

6 of 6 references resolved to an enrolled provision