§ 818. Art. 18. Jurisdiction of general courts-martial

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.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 43 · 70A Stat. 43

   Enacted · 10 U.S.C. § 818

   Aug. 10, 1956, ch. 1041, 70A Stat. 43

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 43

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(4) · 82 Stat. 1335

   Changed · 10 U.S.C. § 818

   Pub. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case

   Source evidence

   Code amendment note
   Pub. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.

   Enacted provision · exact public law section
   (4) Section 818 (article 18) is amended by adding the following sentence at the end thereof: “However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.”

3. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title XVII § 1705(b) · 127 Stat. 672

   1. Amended · 10 U.S.C. § 818

      Pub. L. 113–66 designated the first two sentences as subsec. (a)

   2. Amended · 10 U.S.C. § 818

      Pub. L. 113–66 designated third sentence as subsec. (b)

   3. Substituted · 10 U.S.C. § 818

      Pub. L. 113–66 substituted “A general court-martial” for “However, a general court-martial”

   4. Added · 10 U.S.C. § 818

      Pub. L. 113–66 added subsec. (c)

   Source evidence

   Code amendment note
   Pub. L. 113–66 designated the first two sentences as subsec. (a), designated third sentence as subsec. (b) and substituted “A general court-martial” for “However, a general court-martial”, and added subsec. (c).

   Enacted provision · exact public law section
   (b) Jurisdiction Limited to General Courts-martial.— Section 818 of title 10, United States Code (article 18 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a)” before the first sentence; (2) in the third sentence, by striking “However, a general court-martial” and inserting the following: “(b) A general court-martial” ; and (3) by adding at the end the following new subsection: “(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).” .

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5162(1) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 818(b)

   Pub. L. 114–328, § 5162(1), substituted “section 816(b)(3) of this title (article 16(b)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 5162(1), substituted “section 816(b)(3) of this title (article 16(b)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking “section 816(1)(B) of this title (article 16(1)(B))” and inserting “section 816(b)(3) of this title (article 16(b)(3))”; and

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations 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.

5. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5162(2) · 130 Stat. 2000

   1. Added · 10 U.S.C. § 818(c)

      Pub. L. 114–328, § 5162(2), added subsec. (c)

   2. Struck · 10 U.S.C. § 818(c)

      Pub. L. 114–328, § 5162(2), struck out former subsec. (c) which read as follows: “Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”

   Enacted provision · exact public law section
   (2) by striking subsection (c) and inserting the following new subsection (c): “(c) Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses: “(1) A violation of subsection (a) or (b) of section 920 of this title (article 120). “(2) A violation of subsection (a) or (b) of section 920b of this title (article 120b). “(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 880 of this title (article 80).” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations 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.

8 of 9 references resolved to an enrolled provision · 1 partial