§847 Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence

Revised sectionSource (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”.

2016—Pub. L. 114–328, § 5229(b), amended section catchline generally, substituting “Refusal of person not subject to chapter to appear, testify, or produce evidence” for “Refusal to appear or testify”. Subsec. (a). Pub. L. 114–328, § 5229(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 a preliminary hearing pursuant to section 832 of this title (article 32); “(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.” 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 court’s discretion” for “shall be punished by a fine of not more than $500, or imprisonment for not more than six months, or both”.

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

of 2013 AmendmentAmendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that

, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.

of 2011 Amendment Pub. L. 112–81, div. A, title V, § 542(c), Dec. 31, 2011, 125 Stat. 1411, provided that: “The

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].”