10-U.S.C.-847
§847 – Art. 47. Refusal to Appear Or Testify
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VII > Section 847
Details
- Reference: Section 847
- Legend: §847 – Art. 47. Refusal to Appear Or Testify
- USCode Year: 2013
Provision Content
(a) Any person not subject to this chapter who—
(1) has been duly subpoenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board, or has been duly issued a subpoena duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b));
(2) has been provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage; and
(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;
is guilty of an offense against the United States.
(b) Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the courts discretion.
(c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, board, or convening authority, file an information against and prosecute any person violating this article.
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104–106, div. A, title XI, §1111, Feb. 10, 1996, 110 Stat. 461; Pub. L. 109–163, div. A, title X, §1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 112–81, div. A, title V, §542(a), (b), Dec. 31, 2011, 125 Stat. 1411; Pub. L. 113–66, div. A, title XVII, §1702(c)(3)(D), Dec. 26, 2013, 127 Stat. 958.)
Amendment of Subsection (a)(1)
Pub. L. 113–66, div. A, title XVII, §1702(c)(3)(D), (d)(1), Dec. 26, 2013, 127 Stat. 958, provided that, effective one year after Dec. 26, 2013, and applicable with respect to offenses committed under this chapter on or after that effective date, subsection (a)(1) of this section is amended by striking an investigation pursuant to section 832(b) of this title (article 32(b)) and inserting a preliminary hearing pursuant to section 832 of this title (article 32). See 2013 Amendment note below.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 847(a) 847(b) |
50:622(a). 50:622(b). |
May 5, 1950, ch. 169, §1 (Art. 47), 64 Stat. 123. |
| 847(c) | 50:622(c). | |
| 847(d) | 50:622(d). |
In subsection (a), the word Any is substituted for the word Every. The word is is substituted for the words shall be deemed.
In subsection (b), the words named in subsection (a) are substituted for the words denounced by this article. The words Territories, Commonwealths, or are substituted for the word Territorial. The words not more than are substituted for the words a period not exceeding.
In subsection (c), the words It shall be the duty of * * * to are omitted as surplusage. The words United States Attorney are substituted for the words United States district attorney, to conform to the terminology of section 501 of title 28. The word shall is inserted after the word jurisdiction.
Amendments
2013—Subsec. (a)(1). Pub. L. 113–66 substituted a preliminary hearing pursuant to section 832 of this title (article 32) for an investigation pursuant to section 832(b) of this title (article 32(b)).
2011—Subsec. (a). Pub. L. 112–81, §542(b), substituted subpoenaed for subpenaed in two places.
Subsec. (a)(1). Pub. L. 112–81, §542(a)(1)(A), substituted board, or has been duly issued a subpoena duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b)); for board;.
Subsec. (a)(2). Pub. L. 112–81, §542(a)(1)(B), substituted provided a means for reimbursement from the Government for fees and mileage for duly paid or tendered the fees and mileage of a witness and inserted or, in the case of extraordinary hardship, is advanced such fees and mileage before semicolon.
Subsec. (c). Pub. L. 112–81, §542(a)(2), substituted board, or convening authority for or board.
2006—Subsec. (b). Pub. L. 109–163 substituted Commonwealths or possessions for Territories, Commonwealths, or possessions.
1996—Subsec. (b). Pub. L. 104–106 inserted indictment or after shall be tried on and substituted shall be fined or imprisoned, or both, at the courts discretion for shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–66 effective one year after Dec. 26, 2013, and applicable with respect to offenses committed under this chapter on or after that effective date, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.
Effective Date of 2011 Amendment
Pub. L. 112–81, div. A, title V, §542(c), Dec. 31, 2011, 125 Stat. 1411, provided that: The amendments made by subsection (a) [amending this section] shall apply with respect to subpoenas issued after the date of the enactment of this Act [Dec. 31, 2011].
U.S. Encyclopedia of Law Coverage
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