Summary of changes
Article 30a — Proceedings conducted before referral
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
18 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
30a(a)
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Original text
IN GENERAL.—
Current text
IN GENERAL.—
30a(a)(1)
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Original text
The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
Current text
The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
30a(a)(1)(A)
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Original text
Pre-referral investigative subpoenas.
Current text
Pre-referral investigative subpoenas.
30a(a)(1)(B)
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Original text
Pre-referral warrants or orders for electronic communications.
Current text
Pre-referral warrants or orders for electronic communications.
30a(a)(1)(C)
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Original text
Pre-referral matters referred by an appellate court.
Current text
Pre-referral matters referred by an appellate court.
30a(a)(1)(D)
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Original text
Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
Current text
Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
30a(a)(1)(E)
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Original text
Pre-referral matters relating to the following:
Current text
Pre-referral matters relating to the following:
30a(a)(1)(E)(i)
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Original text
Pre-trial confinement of an accused.
Current text
Pre-trial confinement of an accused.
30a(a)(1)(E)(ii)
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Original text
The mental capacity or mental responsibility of an accused.
Current text
The mental capacity or mental responsibility of an accused.
30a(a)(1)(E)(iii)
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Original text
A request for an individual military counsel.
Current text
A request for an individual military counsel.
30a(a)(2)
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Original text
In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
Current text
In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
30a(a)(2)(A)
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Original text
set forth the matters that a military judge may rule upon in such proceedings;
Current text
set forth the matters that a military judge may rule upon in such proceedings;
30a(a)(2)(B)
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Original text
include procedures for the review of such rulings;
Current text
include procedures for the review of such rulings;
30a(a)(2)(C)
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Original text
include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
Current text
include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
30a(a)(2)(D)
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Original text
provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
Current text
provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
30a(a)(3)
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Original text
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.
Current text
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.
30a(b)
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Original text
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).
Current text
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).
30a(c)
unchanged
Original text
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.
Current text
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.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.