Sec. 537. Preliminary hearing
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Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— in subparagraph (A), by striking hearing officer and all that follows and inserting hearing officer detailed in accordance with subparagraph (C). ; in subparagraph (B), by striking written waiver and all that follows and inserting the following: written waiver to— except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and with respect to charges and specifications over which the special victim prosecutor is exercising authority in accordance with section 824a of this title (article 24a), the special victim prosecutor and the special victim prosecutor determines that a hearing is not required; and ; and by adding at the end the following new subparagraph:
Except as provided in clause (ii), the convening authority shall detail a hearing officer. If a special victim prosecutor is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special victim prosecutor shall request a military judge or military magistrate to serve as the hearing officer, and a military judge or military magistrate shall be provided, in accordance with regulations prescribed by the President. .
Subsection
(c)of such section is amended— in the heading, by inserting after or special victim prosecutor ; and convening authority in the matter preceding paragraph
(1)by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special victim prosecutor, to the special victim prosecutor, .