
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC814]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                SUBCHAPTER II--APPREHENSION AND RESTRAINT
 
Sec. 814. Art. 14. Delivery of offenders to civil authorities

    (a) Under such regulations as the Secretary concerned may prescribe, 
a member of the armed forces accused of an offense against civil 
authority may be delivered, upon request, to the civil authority for 
trial.
    (b) When delivery under this article is made to any civil authority 
of a person undergoing sentence of a court-martial, the delivery, if 
followed by conviction in a civil tribunal, interrupts the execution of 
the sentence of the court-martial, and the offender after having 
answered to the civil authorities for his offense shall, upon the 
request of competent military authority, be returned to military custody 
for the completion of his sentence.

(Aug. 10, 1956, ch. 1041, 70A Stat. 41.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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814(a)................................  50:568(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
814(b)................................  50:568(b).                            1
4), 64 Stat. 112.
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    In subsection (a), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of the Department''.
    In subsection (b), the word ``interrupts'' is substituted for the 
words ``shall be held to interrupt''. The word ``his'' is substituted 
for the words ``the said court-martial''.


Regulations for Delivery of Military Personnel to Civil Authorities When 
                      Charged With Certain Offenses

    Pub. L. 100-456, div. A, title VII, Sec. 721, Sept. 29, 1988, 102 
Stat. 2001, provided that:
    ``(a) Not later than 90 days after the date of enactment of this Act 
[Sept. 29, 1988], the Secretary of Defense shall ensure that the 
Secretaries of the military departments have issued uniform regulations 
pursuant to section 814 of title 10, United States Code, to provide for 
the delivery of members of the Armed Forces to civilian authority when 
such members have been accused of offenses against civil authority. Such 
regulations shall specifically provide for the delivery of such members 
to civilian authority, in appropriate cases, when such members are 
accused of parental kidnapping and other similar offenses, including 
criminal contempt arising from such offenses and from child custody 
matters, and shall specifically address the special needs for the 
exercise of the authority contained in section 814 of title 10, United 
States Code, when members of the Armed Forces assigned overseas are 
accused of offenses by civilian authorities.
    ``(b) Not later than 120 days after the enactment of this Act [Sept. 
29, 1988], the Secretary of Defense shall transmit to the Committees on 
Armed Services of the Senate and House of Representatives a copy of all 
regulations promulgated under section 814 of title 10, United States 
Code, as a result of this section and any recommendations that the 
Secretary may have concerning the need for additional legislation 
related to the amenability of members of the Armed Forces to civil 
authority.''

                  Section Referred to in Other Sections

    This section is referred to in section 937 of this title.
