Federal · Title 10 — Armed Forces

10 U.S.C. § 830: Art. 30. Charges and specifications

Civil

What this law says, in plain English

This military procedural statute establishes requirements for filing charges in military courts, including oath and investigation standards, and directs the Secretary of Defense to develop a policy for handling sex-related offenses declined for prosecution.

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may be preferred only by a person subject to this chapter; and shall be preferred by presentment in writing, signed under oath before a commissioned officer of the armed forces who is authorized to administer oaths. the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and the matters set forth in the charges and specifications are true, to the best of the knowledge and belief of the signer. inform the person accused of the charges and specifications; and determine what disposition should be made of the charges and specifications in the interest of justice and discipline. 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. 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.”

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