§ 844. Art. 44. Former jeopardy

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. 52 · 70A Stat. 52

   Enacted · 10 U.S.C. § 844

   Aug. 10, 1956, ch. 1041, 70A Stat. 52

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 52

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVII § 5226 · 130 Stat. 2000

   Amended · 10 U.S.C. § 844(c)

   Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.”

   Enacted provision · exact public law section
   SEC. 5226. FORMER JEOPARDY.   Subsection (c) of section 844 of title 10, United States Code (article 44 of the Uniform Code of Military Justice), is amended to read as follows: “(c) (1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused— “(A) after introduction of evidence; and “(B) before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses. “(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused— “(A) after the members, having taken an oath as members under section 842 of this title (article 42) and after completion of challenges under section 841 of this title (article 41), are impaneled; and “(B) before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.” .

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title V § 538 · 135 Stat. 1541

   Inserted · 10 U.S.C. § 844(c)

   Pub. L. 117–81 inserted “or the special trial counsel” after “the convening authority” in two places

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–81 inserted “or the special trial counsel” after “the convening authority” in two places.

   Enacted provision · exact public law section
   SEC. 538. FORMER JEOPARDY.   Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting “or the special trial counsel” after “the convening authority” each place it appears.

   Effective date note
   Amendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial