Sec. 532. Command influence under the Uniform Code of Military Justice
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/bill/116/s/1215/is/section-532·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), is amended— in the heading, by striking and inserting Unlawfully influencing action of court ; Command influence in subsection (a)— by striking
(a)No authority convening a general, special, or summary court-martial and inserting (a)(1) No court-martial convening authority ; in paragraph
(1)(as designated by subparagraph
(A)of this paragraph), by striking proceeding. No person and inserting the following: proceeding. No person ; by inserting before paragraph
(3)(as designated by subparagraph
(B)of this paragraph) the following new paragraph: No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence. ; in paragraph
(3)(as so designated)— by inserting attempt to before influence ; by striking with respect to his judicial acts and inserting or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President ; and by striking the second sentence; and by adding at the end the following new paragraphs: Paragraphs
(1)through
(3)shall not apply with respect to— general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, or a particular court-martial finding, or sentence; or statements and instructions given in open court by the military judge or counsel. Notwithstanding paragraphs
(1)through (3), but subject to subparagraph (B)— a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter. No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer. ; in subsection (b)— by striking to be advanced, in grade and inserting to be advanced in grade ; and by striking accused before a court-martial and inserting person in a court-martial proceeding ; and by adding at the end the following new subsections: No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section, or the doctrine of apparent unlawful command influence, unless the violation materially prejudices the substantial rights of the accused. A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally. Except as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses. . a Section 853a(b)(5) of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended by striking the President and inserting the President, the Secretary of Defense, or the Secretary concerned. . The table of sections at the beginning of subchapter VII of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 837 (article 37 of the Uniform Code of Military Justice) and inserting the following new item: 837. Art. 37. Command influence. .