§ 833. Art. 33. Disposition guidance

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. 49 · 70A Stat. 49

   Enacted · 10 U.S.C. § 833

   Aug. 10, 1956, ch. 1041, 70A Stat. 49

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 49

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVI § 5204 · 130 Stat. 2000

   Amended · 10 U.S.C. § 833

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.”

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.”

   Enacted provision · exact public law section
   SEC. 5204. DISPOSITION GUIDANCE.   Section 833 of title 10, United States Code (article 33 of the Uniform Code of Military Justice), is amended to read as follows: “§ 833. Art 33. Disposition guidance   “The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.” .

   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.

1 of 2 references resolved to an enrolled provision · 1 partial