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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 5202

Sec. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL

338 words·~2 min read·/statute-compilations/comps-13740/sec-5202

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## SEC. 5202 CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL Subchapter VI of chapter 47 of title 10, United States Code, is amended by inserting after section 830 (article 30 of the Uniform Code of Military Justice) the following new section (article): > > ## “SEC. 830a Art. 30a. Certain proceedings conducted before referral > > **[**[10 U.S.C. 830a](/us/usc/t10/s830a)**]** > > > ### “(a) In General > > > ####
(1)> > Proceedings may be conducted to review the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations prescribed by the President: > > > ##### “(A) > > Pre-referral investigative subpoenas. > > > ##### “(B) > > Pre-referral warrants or orders for electronic communications. > > > ##### “(C) > > Pre-referral matters referred by an appellate court. > > > #### “(2) > > The regulations prescribed under paragraph
(1)shall— > > > ##### “(A) > > include procedures for the review of such rulings that may be ordered under this section as the President considers appropriate; and > > > ##### “(B) > > provide such limitations on the relief that may be ordered under this section as the President considers appropriate. > > > #### “(3) > > If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial. > > > ### “(b) Detail of Military Judge > > The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed to proceedings under subsection (a)(1). > > > ### “(c) Discretion to Designate Magistrate to Preside > > In accordance with regulations prescribed by the Secretary concerned, a military judge detailed to a proceeding under subsection (a)(1), other than a proceeding described in subparagraph
(B)of that subsection, may designate a military magistrate to preside over the proceeding.” > .
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Sec. 5202
CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL
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