§ 839. Art. 39. Sessions

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. 51 · 70A Stat. 51

   Enacted · 10 U.S.C. § 839

   Aug. 10, 1956, ch. 1041, 70A Stat. 51

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 51

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(15) · 82 Stat. 1335

   1. Added · 10 U.S.C. § 839

      Pub. L. 90–632 added subsec. (a)

   2. Amended · 10 U.S.C. § 839

      Pub. L. 90–632 designated existing provisions as subsec. (b)

   3. Substituted · 10 U.S.C. § 839

      Pub. L. 90–632 substituted “military judge” for “law officer”

   4. Struck · 10 U.S.C. § 839

      Pub. L. 90–632 struck out provisions authorizing the court after voting on the findings in a general court-martial to request the law officer and the reporter to appear before the court to put the findings in proper form

   Source evidence

   Code amendment note
   Pub. L. 90–632 added subsec. (a), designated existing provisions as subsec. (b), substituted “military judge” for “law officer”, and struck out provisions authorizing the court after voting on the findings in a general court-martial to request the law officer and the reporter to appear before the court to put the findings in proper form.

   Enacted provision · exact public law section
   (15) Section 839 (article 39) is amended to read as follows: “§ 839. Art. 39. Sessions “(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of— “(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; “(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court; “(3) if permitted by regulations of the Secretary concerned, holding the arraignment and receiving the pleas of the accused; and “(4) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. “(b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in vases in which a military judge has been detailed to the court, the military judge.”

3. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title V § 541(a) · 104 Stat. 1485

   Inserted · 10 U.S.C. § 839(a)

   Pub. L. 101–510 inserted at end “These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–510 inserted at end “These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).”

   Enacted provision · exact public law section
   (a) Pretrial Sessions Involving Military Judge Acting Alone.— Section 839(a) of title 10, United States Code (article 39(a) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).”.

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 556 · 119 Stat. 3136

   1. Redesignated · 10 U.S.C. § 839

      Pub. L. 109–163 redesignated concluding provisions of subsec. (a) as subsec. (b)

   2. Substituted · 10 U.S.C. § 839

      Pub. L. 109–163 substituted “Proceedings under subsection (a) shall be conducted” for “These proceedings shall be conducted”

   3. Inserted · 10 U.S.C. § 839

      Pub. L. 109–163 inserted at end “If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).”

   4. Redesignated · 10 U.S.C. § 839

      Pub. L. 109–163 redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Pub. L. 109–163 redesignated concluding provisions of subsec. (a) as subsec. (b), substituted “Proceedings under subsection (a) shall be conducted” for “These proceedings shall be conducted”, inserted at end “If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).”, and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   SEC. 556. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS OF COURTS-MARTIAL.   Section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), is amended— (1) by redesignating subsection (b) as subsection (c); (2) by designating the matter following paragraph (4) of subsection (a) as subsection (b); and (3) in subsection (b), as so redesignated— (A) by striking “These proceedings shall be conducted” and inserting “Proceedings under subsection (a) shall be conducted”; and (B) by adding at the end the following new sentence: “If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).”.

5. 2009

   Military Commissions Act of 2009

   Pub. L. 111–84 div. A title XVIII § 1803(a)(2) · 123 Stat. 2190

   Added · 10 U.S.C. § 839(d)

   Pub. L. 111–84 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–84 added subsec. (d).

   Enacted provision · exact public law section
   (2) Construction of military commissions with courts-martial.— Section 839 of such title (article 39 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection: “(d) The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title— “(1) may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter; and “(2) may not form the basis of any holding, decision, or other determination of a court-martial.” .

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5222(1)(A) · 130 Stat. 2000

   Struck · 10 U.S.C. § 839(a)(3)

   Pub. L. 114–328, § 5222(1)(A), struck out “if permitted by regulations of the Secretary concerned,” before “holding” and “and” after “accused;”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 114–328, § 5222(1)(A), struck out “if permitted by regulations of the Secretary concerned,” before “holding” and “and” after “accused;”.

   Enacted provision · exact public law section
   (A) in paragraph (3)— (i) by striking “if permitted by regulations of the Secretary concerned,”; and (ii) by striking “and” at the end;

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

7. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5222(1)(B) · 130 Stat. 2000

   1. Added · 10 U.S.C. § 839(a)(4); 10 U.S.C. § 839(a)(5)

      Pub. L. 114–328, § 5222(1)(B), (C), added par. (4)

   2. Redesignated · 10 U.S.C. § 839(a)(4); 10 U.S.C. § 839(a)(5)

      Pub. L. 114–328, § 5222(1)(B), (C), redesignated former par. (4) as (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 114–328, § 5222(1)(B), (C), added par. (4) and redesignated former par. (4) as (5).

   Enacted provision · exact public law section
   (B) by redesignating paragraph (4) as paragraph (5); and

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5222(2) · 130 Stat. 2000

   Struck · 10 U.S.C. § 839(c)

   Pub. L. 114–328, § 5222(2), struck out “, in cases in which a military judge has been detailed to the court,” after “the trial counsel, and”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328, § 5222(2), struck out “, in cases in which a military judge has been detailed to the court,” after “the trial counsel, and”.

   Enacted provision · exact public law section
   (2) in the second sentence of subsection (c), by striking “, in cases in which a military judge has been detailed to the court,”.

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

9. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1081(c)(1)(D) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 839(a)(4)

   Pub. L. 115–91 substituted “under section 853(b)(1) of this title (article 53(b)(1))” for “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 115–91 substituted “under section 853(b)(1) of this title (article 53(b)(1))” for “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)”.

   Enacted provision · exact public law section
   (D) Subsection (a)(4) of section 839 (article 39), as added by section 5222(1) of the Military Justice Act of 2016 (130 Stat. 2909), is amended by striking “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)” and inserting “under section 853(b)(1) of this title (article 53(b)(1))”.

   Effective date note
   Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

15 of 16 references resolved to an enrolled provision · 1 partial