(a) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial in accordance with regulations prescribed by § 13A-701 of this title:
- (1) pre-referral investigative subpoenas;
- (2) pre-referral warrants or orders for electronic communications;
- (3) pre-referral matters referred by an appellate court;
- (4) pre-referral matters under § 13A-603 (c) or (d) of this subtitle; or
- (5) arrest warrants when probable cause exists to believe a military member committed a crime as described under the punitive provisions.
(b) The regulations prescribed under subsection (a) of this section shall:
- (1) include procedures for the review of such rulings that may be ordered under this section as the adjutant general considers appropriate; and
- (2) provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.
- (c) If a matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.