Sec. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MATTERS

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## SEC. 5182 WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MATTERS ###

(a)Who May Serve on Courts-martial Subsection

(c)of section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended to read as follows: > > ### “(c) > > > ####

(1)> > Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member. > > > #### “(2) > > Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that— > > > ##### “(A) > > the membership of the court-martial be comprised entirely of officers; or > > > ##### “(B) > > enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial. > > > #### “(3) > > Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request. > > > #### “(4) > > If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.” > . ###

(b)Who May Sentence Such section (article) is further amended— ####

(1)by redesignating subsections

(d)and

(e)as subsections

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

(2)by inserting after subsection

(c)the following new subsection (d): > > ### “(d) > > > ####

(1)> > Except as provided in paragraph

(2)for capital offenses, the accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by members. > > > #### “(2) > > In a capital case, the accused shall be sentenced by the members for all offenses for which the court-martial may sentence the accused to death in accordance with section 853(c) of this title (article 53(c)). > > > #### “(3) > > In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.” > . ###

(c)Detail of Members Subsection

(e)of such section (article), as redesignated by subsection (b)(1) of this section, is amended by adding at the end the following new paragraph: > > #### “(3) > > The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).” > .