PUBLIC LAW 101-510—NOV. 5, 1990
104 STAT. 1565
PART E—MILITARY JUSTICE AMENDMENTS
SEC. 541. CLARIFICATION OF CERTAIN PROVISIONS IN UNIFORM CODE
OF MILITARY JUSTICE
(a) PRETRIAL SESSIONS INVOLVING MILITARY JUDGE ACTING
ALONE.—Section 839(a) of title 10, United States Code (article 39(a)
of the Uniform Code of Military Justice), is amended by adding at
the end the following new sentence: "These proceedings may be
conducted notwithstanding the number of members of the court and
without regard to section 829 of this title (article 29).".
(b) CHALLENGES TO MEMBERS OF COURTS-MARTIAL FOR CAUSE WHEN
MEMBERSHIP BELOW MINIMUM NUMBER. —Subsection (a) of section
841 of title 10, United States Code (article 41 of the Uniform Code of
Military Justice), is amended—
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end the following:
"(2) If exercise of a challenge for cause reiduces the court below the
minimum number of members required by section 816 -of this title
(article 16), all parties shall (notwithstanding section 829 of this title
(article 29)) either exercise or waive any challenge for cause then
apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory
challenges shall not be exercised at that time.".
(c) PEREMPTORY CHALLENGES WHEN MEMBERSHIP BELOW MINIMUM
NUMBER.— Subsection (b) of such section (article) is amended to read
as follows:
"(b)(1) Each accused and the trial counsel are entitled initially to
one peremptory challenge of members of the court. The military
judge may not be challenged except for cause.
"(2) If exercise of a peremptory challenge reduces the court below
the minimum number of members required by section 816 of this
title (article 16), the parties shall (notwithstanding section 829 of
this title (article 29)) either exercise or wsiive any remaining
peremptory challenge (not previously waived) against the remaining
members of the court before additional members are detailed to the
court.".
(d) ADDITIONAL PEREMPTORY CHALLENGES WHEN NEW MEMBERS
DETAILED.—Such section (article) is further amended by adding at
the end the following new subsection:
"(c) Whenever additional members are detailed to the court, and
after any challenges for cause against such additional members are
presented and decided, each accused and the trail counsel are
entitled to one peremptory challenge against members not previously subject to peremptory challenge.".
(e) EFFECTIVE DATE. — The gmiendments made by subsections (a) 10 USC 839 note.
through (d) shall apply only to a court-martial convened on or after
the date of the enactment of this Act.
(f) COURT OF MILITARY APPEALS.— Section 942(b) of title 10, United
States Code (article 142(b) of the Uniform Code of Military Justice),
is amended—
(1) by striking out "civil life" in paragraph (1) and inserting in
lieu thereof "civilian life"; and
(2) by adding at the end the following new paragraph:
"(4) For purposes of appointment of judges to the court, a person
retired from the armed forces after 20 or more years of active
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