Sec. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL

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## SEC. 537 ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— ####

(1)in subsection (a)(1), by striking “Before referral” and inserting “Subject to subsection (c), before referral” ####

(2)in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”; ####

(3)by redesignating subsections

(c)and

(d)as subsections

(d)and

(e)respectively; ####

(4)by inserting after subsection

(b)the following new subsection: > > ### “(c) Covered Offenses > > A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made— > > > #### “(1) > > by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that— > > > ##### “(A) > > each specification under a charge alleges an offense under this chapter; > > > ##### “(B) > > there is probable cause to believe that the accused committed the offense charged; and > > > ##### “(C) > > a court-martial would have jurisdiction over the accused and the offense; or > > > #### “(2) > > in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section.” > ; and ####

(5)in subsection (e), as so redesignated, by inserting “or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel,” after “convening authority”.