1. LawStack
  2. Title 10 - ARMED FORCES
  3. Subtitle A - General Military Law
  4. Part II - PERSONNEL
  5. Chapter 47 - Art.I. General Provisions 801 1 II. Apprehension and Restraint 807 7 III. Non-Judicial Punishment 815 15 IV. Court-Martial Jurisdiction 816 16 V. Composition of Courts-Martial 822 22 VI. Pre-Trial Procedure 830 30 VII. Trial Procedure 836 36 VIII. Sentences 855 55 IX. Post-Trial Procedure and Review of Courts-Martial 859 59 X. Punitive Articles 877 77 XI. Miscellaneous Provisions 935 135 XII. United States Court of Appeals for the Armed Forces 941 141
  6. Subchapter VI - Art. 830. 30. Charges and specifications. 830a. 30a. Proceedings conducted before referral. 831. 31. Compulsory self-incrimination prohibited. 832. 32. Preliminary hearing required before referral to general court-martial. 833. 33. Disposition guidance. 834. 34. Advice to convening authority before referral for trial. 835. 35. Service of charges; commencement of trial
  7. 10 USC § 830
10 USC § 830
Art 30. Charges and specifications
October 30, 2020
USC

(a) In General.—Charges and specifications—

(1) may be preferred only by a person subject to this chapter; and

(2) shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths.

(b) Required Content.—The writing under subsection (a) shall state that—

(1) the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and

(2) the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer.

(c) Duty of Proper Authority.—When charges and specifications are preferred under subsection (a), the proper authority shall, as soon as practicable—

(1) inform the person accused of the charges and specifications; and

(2) determine what disposition should be made of the charges and specifications in the interest of justice and discipline.

 Open Table
Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
830(a)

830(b)

50:601(a).

50:601(b).

May 5, 1950, ch. 169, §1 (Art. 30), 64 Stat. 118.

In subsection (a), the word "they" is substituted for the words "the same". The word "commissioned" is inserted for clarity.

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows:

"(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—

"(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and

"(2) that they are true in fact to the best of his knowledge and belief.

"(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable."

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Timely Disposition of Nonprosecutable Sex-Related Offenses

Pub. L. 116–92, div. A, title V, §540C, Dec. 20, 2019, 133 Stat. 1366, provided that:

"(a) Policy Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses.

"(b) Nonprosecutable Sex-related Offense Defined.—In this section, the term 'nonprosecutable sex-related offense' means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense."
Previous
§ 830a Art 30a. Proceedings conducted before referral
Next
§ 831 Art. 31. Compulsory self-incrimination prohibited

Tried the LawStack mobile app?

Join thousands and try LawStack mobile for FREE today.

  • Carry the law offline, wherever you go.
  • Download CFR, USC, rules, and state law to your mobile device.

Designed and built by Tekk Innovations LLC, the makers of the LawStack iPhone app or Android app.

© 2020 Tekk Innovations LLC