Sec. 1031. CLARIFICATION OF PROCEDURES FOR USE OF ALTERNATE MEMBERS ON MILITARY COMMISSIONS

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## SEC. 1031 CLARIFICATION OF PROCEDURES FOR USE OF ALTERNATE MEMBERS ON MILITARY COMMISSIONS ###

(a)Primary and Alternate Members ####

(1)Number of members Subsection

(a)of section 948m of title 10, United States Code, is amended— #####

(A)in paragraph (1)— ######

(i)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 ######

(ii)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 #####

(B)in paragraph (2), by inserting “primary” after “the number of”. ####

(2)General rules Such section is further amended— #####

(A)by redesignating subsection

(b)and

(c)as subsections

(d)and (e), respectively; and #####

(B)by inserting after subsection

(a)the following new subsections

(b)and (c): > > ### “(b) Primary Members > > Primary members of a military commission under this chapter are voting members. > > > ### “(c) Alternate Members > > > ####

(1)> > A military commission may include alternate members to replace primary members who are excused from service on the commission. > > > #### “(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.” > . ####

(3)Excuse of members Subsection

(d)of such section, as redesignated by paragraph (2)(A), is amended— #####

(A)in the matter before paragraph (1), by inserting “primary or alternate” before “member”; #####

(B)by striking “or” at the end of paragraph (2); #####

(C)by striking the period at the end of paragraph

(3)and inserting “; or”; and #####

(D)by adding at the end the following new paragraph: > > #### “(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.” > . ####

(4)Absent and additional members Subsection

(e)of such section, as redesignated by paragraph (2)(A), is amended— #####

(A)in the first sentence— ######

(i)by inserting “the number of primary members of” after “Whenever”; ######

(ii)by inserting “primary” before “members required by”; and ######

(iii)by inserting “and there are no remaining alternate members to replace the excused primary members” after “subsection (a)”; and #####

(B)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.”. ###

(b)Challenges Section 949f of such title is amended— ####

(1)in subsection (a), by inserting “primary or alternate” before “members”; and ####

(2)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.”. ###

(c)Number of Votes Required Section 949m of such title is amended— ####

(1)by inserting “primary” before “members” each place it appears; and ####

(2)by adding at the end of subsection

(b)the following new paragraph: > > #### “(4) > > 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.” > .