§ 12-64-504 — Investigation

(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial. (b) (1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter; (B) Whether or not there is probable cause to believe that the accused committed the offense charged; (C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and (D) A recommendation as to the disposition that should be made of the case. (3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.

Legislative History

Amended by Act 2019, No. 211,§ 14, eff. 2/26/2019. Acts 1969, No. 50, § 78; A.S.A. 1947, § 11-633.