2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 47A - Military Commissions (Sections 948a - 950t)
Subchapter V - Classified Information Procedures (Sections 949p-1 - 949p-7)
Sec. 949p-5 - Notice by accused of intention to disclose classified information
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER V - CLASSIFIED INFORMATION PROCEDURES Sec. 949p-5 - Notice by accused of intention to disclose classified information |
Contains | section 949p-5 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2593. |
Statutes at Large Reference | 123 Stat. 2593 |
Public and Private Law | Public Law 111-84 |
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(a) Notice by Accused.—
(1) Notification of trial counsel and military judge.—If an accused reasonably expects to disclose, or to cause the disclosure of, classified information in any manner in connection with any trial or pretrial proceeding involving the prosecution of such accused, the accused shall, within the time specified by the military judge or, where no time is specified, within 30 days before trial, notify the trial counsel and the military judge in writing. Such notice shall include a brief description of the classified information. Whenever the accused learns of additional classified information the accused reasonably expects to disclose, or to cause the disclosure of, at any such proceeding, the accused shall notify trial counsel and the military judge in writing as soon as possible thereafter and shall include a brief description of the classified information.
(2) Limitation on disclosure by accused.—No accused shall disclose, or cause the disclosure of, any information known or believed to be classified in connection with a trial or pretrial proceeding until—
(A) notice has been given under paragraph (1); and
(B) the United States has been afforded a reasonable opportunity to seek a determination pursuant to the procedure set forth in section 949p–6 of this title and the time for the United States to appeal such determination under section 950d of this title has expired or any appeal under that section by the United States is decided.
(b) Failure To Comply.—If the accused fails to comply with the requirements of subsection (a), the military judge—
(1) may preclude disclosure of any classified information not made the subject of notification; and
(2) may prohibit the examination by the accused of any witness with respect to any such information.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2593.)
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