2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47A - MILITARY COMMISSIONS (§§ 948a - 950t)
Subchapter II - COMPOSITION OF MILITARY COMMISSIONS (§§ 948h - 948m)
Section 948m - Number of members; excuse of members; absent and additional members
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 II - COMPOSITION OF MILITARY COMMISSIONS Sec. 948m - Number of members; excuse of members; absent and additional members |
Contains | section 948m |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2579; amended Pub. L. 113-66, div. A, title X, §1031(a), Dec. 26, 2013, 127 Stat. 849. |
Statutes at Large References | 120 Stat. 2606 123 Stat. 2579 127 Stat. 849 |
Public Law References | Public Law 109-366, Public Law 111-84, Public Law 113-66 |
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(a)
(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by section 949m(c) of this title.
(b)
(c)
(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.
(d)
(1) as a result of challenge;
(2) by the military judge for physical disability or other good cause;
(3) by order of the convening authority for good cause; or
(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.
(e)
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2579; amended Pub. L. 113–66, div. A, title X, §1031(a), Dec. 26, 2013, 127 Stat. 849.)
PRIOR PROVISIONSA prior section 948m, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2606, related to number of members, excuse of members, and absent and additional members of a military commission, prior to the general amendment of this chapter by Pub. L. 111–84.
AMENDMENTS2013—Subsec. (a)(1). Pub. L. 113–66, §1031(a)(1)(A), substituted "at least five primary members and as many alternate members as the convening authority shall detail" for "at least five members" and inserted at end "Alternate members shall be designated in the order in which they will replace an excused primary member."
Subsec. (a)(2). Pub. L. 113–66, §1031(a)(1)(B), inserted "primary" before "members".
Subsecs. (b), (c). Pub. L. 113–66, §1031(a)(2)(B), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.
Subsec. (d). Pub. L. 113–66, §1031(a)(2)(A), (3), redesignated subsec. (b) as (d), inserted "primary or alternate" before "member" in introductory provisions, and added par. (4).
Subsec. (e). Pub. L. 113–66, §1031(a)(2)(A), (4), redesignated subsec. (c) as (e), substituted "Whenever the number of primary members of a military commission under this chapter is reduced below the number of primary members required by subsection (a) and there are no remaining alternate members to replace the excused primary members" for "Whenever a military commission under this chapter is reduced below the number of members required by subsection (a)", and inserted at end "An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member."
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