Aug. 10, 1956, ch. 104170A Stat. 58Pub. L. 98–209, § 5(d)97 Stat. 1398Pub. L. 102–484, div. A, title X, § 1065106 Stat. 2506Pub. L. 114–328, div. E, title LIX, § 5327130 Stat. 2929Pub. L. 115–91, div. A, title V, § 531(i)131 Stat. 1385(, ; , , ; , , ; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
863(a) 863(b) | 50:650(a). 50:650(b). | May 5, 1950, ch. 169, § 1 (Art. 63), 64 Stat. 127. |
In subsection (a), the words “In such a” are substituted for the words “in which”.
In subsection (b), the word “Each” is substituted for the word “Every”. The word “may” is substituted for the word “shall” in the second sentence.
Editorial Notes
Amendments
Pub. L. 115–912017—Subsec. (b). inserted “, subject to such limitations as the President may prescribe by regulation” before period at end.
Pub. L. 114–3282016— designated existing provisions as subsec. (a), substituted “may be adjudged” for “may be approved” in second sentence, struck out at end “If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.”, and added subsecs. (b) and (c).
Pub. L. 102–4841992— substituted “approved” for “imposed” in second sentence and inserted “approved” before last reference to “sentence” in third sentence.
Pub. L. 98–2091983— struck out subsec. (a) which provided that if the convening authority disapproved the findings and sentence of a court-martial he could, except where there was lack of sufficient evidence in the record to support the findings, order a rehearing, stating the reasons for disapproval, and that if he disapproved the findings without reordering a rehearing, he had to dismiss the charges, and redesignated former subsec. (b) as entire section, and, as so redesignated, inserted “under this chapter” after “Each rehearing”, and inserted provision that if the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 531(p) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .
Effective Date of 2016 Amendment
Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .
Effective Date of 1992 Amendment
Pub. L. 102–484section 1067 of Pub. L. 102–484section 803 of this titleAmendment by effective , and applicable with respect to offenses committed on or after that date, see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 98–209Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of , set out as a note under .