Sec. 1030. Clarification of procedures for use of alternate members on military commissions
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/bill/113/hr/1960/eh/section-1030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(a)of section 948m of title 10, United States Code, is amended— in paragraph (1)— by striking at least five members and inserting at least five primary members and as many alternate members as the convening authority shall detail ; and by adding at the end the following new sentence: Alternate members shall be designated in the order in which they will replace an excused primary member. ; and in paragraph (2), by inserting primary after the number of . Such section is further amended— by redesignating subsection
(b)and
(c)as subsections
(d)and (e), respectively; and by inserting after subsection
(a)the following new subsections
(b)and (c): Primary members of a military commission under this chapter are voting members. A military commission may include alternate members to replace primary members who are excused from service on the commission. 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. . Subsection
(d)of such section, as redesignated by paragraph (2)(A), is amended— in the matter before paragraph (1), by inserting primary or alternate before member ; by striking or at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting ; or ; and by adding at the end the following new paragraph: 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. . Subsection
(e)of such section, as redesignated by paragraph (2)(A), is amended— in the first sentence— by inserting the number of primary members of after Whenever ; by inserting primary before members required by ; and by inserting and there are no remaining alternate members to replace the excused primary members after subsection
(a); and by adding at the end the following new sentence: An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member. . Section 949f of such title is amended— in subsection (a), by inserting primary or alternate before member ; and by adding at the end of subsection
(b)the following new sentence: Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice. . Section 949m of such title is amended— by inserting primary before members each place it appears; and by adding at the end of subsection
(b)the following new paragraph: The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met. .