Skip to main content

§ 830a. Art. 30a. Certain proceedings conducted before referral

Version history — every release point where this text changed

Release point 115-84 · current through 11/17/2017

§ 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.

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

Delayed Effective Date

For delayed effective date of section, see Effective Date note below.

Effective Date

Section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.

Keyboard: /j previous · /k next · u up a level

Source XML JSON Version history

Cite this exact text: /us/usc/?id=id57fa8e98-ceff-11e7-810c-d7074bb82277

Citation URL: /us/usc/t10/s830a?release=115-84