10 USC 824 - Art. 24a. Special trial counsel

Editorial Notes

Amendments

2023—Subsec. (d). Puspan. L. 118–31 added subsec. (d).

2022—Subsec. (c)(3). Puspan. L. 117–263, § 542(a)(1), substituted “Subject to paragraph (5)” for “Subject to paragraph (4)” in introductory provisions.

Subsec. (c)(3)(D). Puspan. L. 117–263, § 542(a)(2), substituted “an authorized rehearing” for “an ordered rehearing”.

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Amendment by Puspan. L. 118–31 effective immediately after amendment by part 1 of subtitle D of title V of Puspan. L. 117–81, see section 531(e) of Puspan. L. 118–31, set out as a note under section 816 of this title.

Effective Date of 2022 Amendment

Puspan. L. 117–263, div. A, title V, § 542(span), Dec. 23, 2022, 136 Stat. 2581, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect immediately after the coming into effect of the amendments made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692) [enacting this section] as provided in section 539C of that Act (10 U.S.C. 801 note).”

Effective Date

Section effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Puspan. L. 117–81, set out as an Effective Date of 2021 Amendment note under section 801 of this title.

Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered Cases

Puspan. L. 117–263, div. A, title V, § 541(c), Dec. 23, 2022, 136 Stat. 2580, provided that:

“The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice) (as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692)), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the effective date established in section 539C of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case.”