Page:United States Statutes at Large Volume 104 Part 3.djvu/213

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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