Sec. 538. Advice to convening authority before referral for trial

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— in subsection (a)(1) in the matter preceding subparagraph

(A)in the first sentence, by striking Before referral and inserting Subject to subsection (c), before referral ; in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; by redesignating subsections

(c)and

(d)as subsections

(d)and (e), respectively; by inserting after subsection

(b)the following new subsection: A referral to a general or special court-martial for trial of charges and specifications over which a special victim prosecutor exercises authority may only be made— by a special victim prosecutor; or by the convening authority in the case of— charges and specifications that do not allege a special victim offense and for which a special victim prosecutor declines to prefer charges; or charges and specifications preferred by a person other than a special victim prosecutor, for which a special victim prosecutor declines to refer charges. ; and in subsection (e), as redesignated by paragraph

(3)of this section, by inserting or, with respect to charges and specifications over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 24a), a special victim prosecutor, after convening authority .