Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 813. Art. 13. Punishment prohibited before trial
Statutory text
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 41 · 70A Stat. 41
Enacted · 10 U.S.C. § 813
Aug. 10, 1956, ch. 1041, 70A Stat. 41
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 41Pub. L. 97–81 § 3 · 95 Stat. 1085
Substituted · 10 U.S.C. § 813
Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”
Source evidence
Code amendment note
Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.Enacted provision · exact public law section
Sec. 3. post-trial confinement Section 813 (article 13) is amended— 10 USC 813. (1) by striking out “Subject to section 857 of this title (article 57), no” and inserting in lieu thereof “No”; and (2) by striking out “or the result of trial”.Effective date note
Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 813 | 50:567. | May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112. |
The words “the provisions of” are omitted as surplusage. The word “results” is changed to the singular. The word “may” is substituted for the word “shall”.
Editorial Notes
Amendments
1981—Pub. L. 97–81 substituted “No person, while being held for trial, may be subjected” for “Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on , and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effective Date note under section 706 of this title.
Credits
1956–1981 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 41
- 1981Pub. L. 97–81, § 3, , 95 Stat. 1087.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, , 95 Stat. 1087.)