Page:United States Statutes at Large Volume 97.djvu/1427

 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1395 regulations may not prescribe any limitation based on the reason- able availability of counsel solely on the grounds that the counsel selected by the accused is from an armed force other than the armed force of which the accused is a member.". (3) Section 838(c) (article 38(c)) is amended to read as follows: 10 USC 838. "(c) In any court-martial proceeding resulting in a conviction, the defense counsel— "(1) may forward for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review (including any objection to the contents of the record which he considers appropriate); "(2) may assist the accused in the submission of any matter under section 860 of this title (article 60); and Infra. "(3) may take other action authorized by this chapter.", (f) Section 842(a) (article 42(a)) is amended by striking out "assist- 10 USC 842. ant defense counsel" in the first and third sentences and inserting in lieu thereof "assistant or associate defense counsel". PRETRIAL ADVICE AND REFERRAL OF CHARGES SEC. 4. (a)(1) The first sentence of section 834(a) is amended by 10 USC 834. striking out "or legal officer". (2) The second sentence of such section is amended to read as follows: "The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that— "(1) the specification alleges an offense under this chapter; "(2) the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and "(3) a court-martial would have jurisdiction over the accused and the offense.", (b) Section 834 (article 34) is further amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b): "(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate— "(1) expressing his conclusions with respect to each matter set forth in subsection (a); and "(2) recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.". RIGHT TO APPEAL AND RELATED MATTERS SEC. 5. (a)(1) Section 860 (article 60) is amended to read as follows: 10 USC 860. "§ 860. Art. 60. Action by the convening authority "(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. "(b)(1) Within 30 days after the sentence of a general court- martial or of a special court-martial which has adjudged a bad- conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening

�