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SUBCOMMITTEE NO. 1 HEARINGS ON H.R. 12705, TO AMEND CHAP-
TER 47 (UNIFORM CODE OF MILITARY JUSTICE) OF TITLE 10,
UNITED STATES CODE
HOUSE OF REPRESENTATIVES,
COMMITTEE ON ARMED SERvIcEs
SUBCOMMrrTEE O. I,
Washington, D.C., September 14, .967.
The subcommittee met, pursuant to notice, at 11:30 a.m., in room
2118, Rayburn House Office Building, the Honorable Philip J. Philbin
(chairman of the subcommittee), presiding.
Mr. PHanN. Now, we can take up the second bill we have here
today.
This deals with the bill proposed to simplify the prodedures of our
court-martial system.
We also have on this bill a report from the Department of Defense,
which we will incorporate in the record at this point.
(The bill and document referred to are as follows:)
[H.R. 12705, 0th Cong., first sess.]
A BILL To amend chapter 47 (Uniform Code of Military Justice) of title 10, United States
Code, by creating single-officer general and special courts-martial, providing for law
officers on special courts-martial, affording accused persons an opportunity to be repre-
sented In certain special court-martial proceedings by counsel having the qualifications
of defense counsel detailed for general courts-martial, providing for certain pretrial
proceedings and other procedural changes, authorizing the Judge Advocate General to
grant relief in certain court-martial cases, extending the time within which an accused
may petition for a new trial, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States
of America fM Cqsgress apsembleW, That chapter 47 (.Uniforn Code of Military
Justice) of title 10, iilted States Code, Is ametded as follows
(1) Section 801(10) (article 1 (10)) is amended by inserting the words or
special after the word general.
(2) Section 816 (article 16) is amended to read as follows:
§816. Art. 16. Courts-martial classified
The three kinds of courts-martial in each of the armed forces are-
(1) general courts-martial, consisting of-
(A) a law officer and not less than five members; or
(B) only a law officer, if before the court Is assembled the accided, know-
ing:the identity of the law officer and after consultation'with bousheSt, re-
quests in writing a, court composed only of a law oficer and the tedrivening
authority consents thereto;
(2) special courts-martial, consisting of-I
(A) not less than three memberd; or
(B) a law officer and not less than three members; or
(C) only.a law officer, Under the same conditions as those ifetblibed in
clause (1) (B) ; and
(3) summary eoutt+martial, consisting of one'cmmissioned oilet'
(8)-Section 818 (article 18) i amended by adding the tollowing' seteithdt'at
the end thereof :However, a general' cotrt-martial of thet kihd 4pNifed 1h if 1L
85-06f6--8-No. 50---1](ViewImageLocal?handle=hein.cbhear/subheahr0001&div=1&collection=&method=preview&ext=.png&size=3)
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