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Title V: MILITARY PERSONNEL POLICY

Sec. 542Authority of special trial counsel to enter into pretrial agreements with respect to certain offenses

TL;DR

Amends title 10, United States Code relating to authority of special trial counsel to enter into pretrial agreements with respect to certain offenses.

Statutory text

Section 824a(c) of title 10, United States Code (article 24a(c) of the Uniform Code of Military Justice), is amended—(1)in paragraph (3)—(A)in the matter preceding subparagraph (A), by striking paragraph (5) and inserting paragraphs (4) and (6); and(B)in subparagraph (C), by inserting or pretrial agreement after plea agreement;(2)by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and(3)by inserting after paragraph (3) the following new paragraph:

(4) Pretrial agreements. If a special trial counsel exercises authority pursuant to subsection (d) over an offense that occurred before January 1, 2019, the special trial counsel may enter into a pretrial agreement with the accused in accordance with regulations prescribed by the President. Upon acceptance of such an agreement by the military judge of a general or special court-martial, the agreement shall bind the parties and the convening authority..