((a)) ** .—** In a case in which the accused may be sentenced to death, the number of members shall be 12.

((b)) ** .—** Subject to (article 29)—

((1)) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and

((2)) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.