10 U.S.C. § 825
Amendment of Subsection (e) Pub. L. 117-263, div. A, title V, §543(a), (b), Dec. 23, 2022, 136 Stat. 2582, provided that, effective on the date that is two years after Dec. 23, 2022, and applicable with respect to courts-martial convened on or after that date, subsection (e) of this section is amended by adding at the end the following new paragraph:(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable. See 2022 Amendment note below.
|HISTORICAL AND REVISION NOTES|
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|May 5, 1950, ch. 169, §1 (Art. 25), 64 Stat. 116.|
AMENDMENTS2022-Subsec. (e)(4). Pub. L. 117-263 added par. (4).2016-Subsec. (c). Pub. L. 114-328, §5182(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to service on general and special courts-martial by enlisted members.Subsec. (d). Pub. L. 114-328, §5182(b)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 114-328, §5182(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).Subsec. (e)(2). Pub. L. 114-328, §5203(e)(2), which directed amendment of this section by substituting "preliminary hearing officer" for "investigating officer" in subsec. (d)(2), was executed by making the substitution in subsec. (e)(2) to reflect the probable intent of Congress and the redesignation of subsec. (d) as (e) by Pub. L. 114-328, §5182(b)(1). Subsec. (e)(3). Pub. L. 114-328, §5182(c), added par. (3).Subsec. (f). Pub. L. 114-328, §5182(b)(1), redesignated subsec. (e) as (f).1986-Subsec. (c)(1). Pub. L. 99-661 substituted "has requested orally on the record or in writing" for "has requested in writing". 1983-Subsec. (c)(2). Pub. L. 98-209, §13(c), struck out "the word" before " 'unit' ".Subsec. (e). Pub. L. 98-209, §3(b), added subsec. (e). 1968-Subsec. (c)(1). Pub. L. 90-632 inserted requirement that an accused's request for inclusion of enlisted members on his court-martial be made before conclusion of a pre-trial session called by the military judge under section 839(a) or before the court is assembled for his trial and substituted "assembled" for "convened" to describe the calling together of the court for the trial in provision allowing such calling together without requested enlisted members if such members cannot be obtained.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-263, div. A, title V, §543(b), Dec. 23, 2022, 136 Stat. 2582, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 23, 2022] and shall apply with respect to courts-martial convened on or after that effective date."
EFFECTIVE DATE OF 2016 AMENDMENT 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 sectionof this title.
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-661, div. A, title VIII, §803(b), Nov. 14, 1986, 100 Stat. 3906, provided that: "The amendment made by subsection (a) [amending this section] shall apply only to a case in which arraignment is completed on or after the effective date of this title."Title VIII of Pub. L. 99-661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99-661 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 13(c) of Pub. L. 98-209 effective Dec. 6, 1983, and amendment by section 3(b) of Pub. L. 98-209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-209 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90-632 set out as a note under sectionof this title.
REGULATIONS Pub. L. 117-263, div. A, title V, §543(c), Dec. 23, 2022, 136 Stat. 2582, provided that: "Not later than the effective date specified in subsection (b) [see Effective Date of 2022 Amendment note above], the President shall prescribe regulations implementing the requirement under paragraph (4) of sectionof title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), as added by subsection (a) of this section."
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- The term "officer" means a commissioned or warrant officer.
- The term "rank" means the order of precedence among members of the armed forces.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.