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10 U.S.C. 832: Art. 32. Preliminary hearing required before referral to general court-martial
Created in 1981 by Public Law 97-81. Changed by 5 later laws. No bill we track in this Congress changes it.
5 other sections of the Code cite this one, including 10 U.S.C. 802, 10 U.S.C. 806b, 10 U.S.C. 810, 10 U.S.C. 834, 10 U.S.C. 838.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2021
- Pub. L. 117–81, §536(a)(1), substituted "hearing officer detailed in accordance with subparagraph (C)." for "hearing officer, detailed by the convening authority in accordance with subsection (b)." (National Defense Authorization Act for Fiscal Year 2022) Law text · (a)
- Pub. L. 117–81, §536(a)(2), substituted "written waiver to—" and cls. (i) and (ii) for "written waiver to the convening authority and the convening authority determines that a hearing is not required." (National Defense Authorization Act for Fiscal Year 2022) Law text · (a)
- Pub. L. 117–81, §536(a)(3), added subpar. (C). (National Defense Authorization Act for Fiscal Year 2022) Law text · (a)
- Pub. L. 117–81, §536(b), inserted "or Special Trial Counsel" after "Convening Authority" in heading and substituted "to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special tri… (National Defense Authorization Act for Fiscal Year 2022) Law text · (c)
2016
- Pub. L. 114–328, §5203(a), substituted "Preliminary hearing required before referral to general court-martial" for "Preliminary hearing" in section catchline. (National Defense Authorization Act for Fiscal Year 2017) Law text
- Pub. L. 114–328, §5203(a), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to requirement of preliminary hearing, hearing officer, and report of hearing results, respectively. (National Defense Authorization Act for Fiscal Year 2017) Law text · (a), (b), (c)
- Pub. L. 114–328, §5203(b)(1), substituted "this section" for "subsection (a)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §5203(b)(2), substituted "that is relevant to the issues for determination under subsection (a)(2)." for "in defense and mitigation, relevant to the limited purposes of the hearing, as provided for in paragraph (4) and subsection (a)(2)." (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §5203(b)(3), inserted at end "A declination under this paragraph shall not serve as the sole basis for ordering a deposition under section 849 of this title (article 49)." (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §5203(b)(4), substituted "determinations under subsection (a)(2)" for "the limited purposes of the hearing, as provided in subsection (a)(2)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
- Pub. L. 114–328, §5203(c), substituted "under such rules as the President may prescribe" for "as prescribed by the Manual for Courts-Martial". (National Defense Authorization Act for Fiscal Year 2017) Law text · (e)
- Pub. L. 114–328, §5203(d), inserted at end "A defect in a report under subsection (c) is not a basis for relief if the report is in substantial compliance with that subsection." (National Defense Authorization Act for Fiscal Year 2017) Law text · (g)
2014
- Pub. L. 113–291 inserted ", unless such hearing is waived by the accused" after "preliminary hearing". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (a)
2013
- Pub. L. 113–66 substituted "Preliminary hearing" for "Investigation" in section catchline and amended text generally. Prior to amendment, section provided that no charge or specification may be referred to general court-martial for trial until thorough and impartial investigation of all the matters… (National Defense Authorization Act for Fiscal Year 2014) Law text
1996
- Pub. L. 104–106 added subsec. (d) and redesignated former subsec. (d) as (e). (National Defense Authorization Act for Fiscal Year 1996) Law text · (d), (e)
1981
- Pub. L. 97–81 substituted "The accused has the right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section" for "Upon his own request he shall be represented by civilian counsel if provided by him,… · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.