Sec. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUMMARY COURT-MARTIAL

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## SEC. 5328 JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUMMARY COURT-MARTIAL ###

(a)In General Subsection

(a)of section 864 of title 10, United States Code (article 64 of the Uniform Code of Military Justice), is amended by striking the first two sentences and inserting the following: > > ### “(a) In General > > Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.” > . ###

(b)Technical and Conforming Amendments ####

(1)The heading of such section (article) is amended to read as follows: > > ## “SEC. 864 Art. 64. Judge advocate review of finding of guilty in summary court-martial” > . ####

(2)Subsection

(b)of such section (article) is amended— #####

(A)by striking “(b) The record” and inserting “(b) Record.—The record”; #####

(B)in paragraph (1), by adding “or” at the end; #####

(C)by striking paragraph (2); and #####

(D)by redesignating paragraph

(3)as paragraph (2). ####

(3)Subsection (c)(3) of such section (article) is amended by striking “section 869(b) of this title (article 69(b)).” and inserting “section 869 of this title (article 69).”.