§ 845. Art. 45. Pleas of the accused

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. § 845

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

   Source evidence

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

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(19)(A) · 82 Stat. 1335

   Substituted · 10 U.S.C. § 845(a)

   Pub. L. 90–632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”.

   Enacted provision · exact public law section
   (A) by striking out the words “arraigned before a court-martial” in subsection (a) and inserting the words “after arraignment” in place thereof; and

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(19)(B) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 845(b)

   Pub. L. 90–632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged.

   Enacted provision · exact public law section
   (B) by amending subsection (b) to read as follows: “(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.”

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5227(c)(1) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 845(a)

   Pub. L. 114–328, § 5227(c)(1), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5227(c)(1), inserted heading.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “Irregular and Similar Pleas.—” after “(a)”; 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 § 5227(c)(2) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 845(b)

   Pub. L. 114–328, § 5227(c)(2), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 5227(c)(2), inserted heading.

   Enacted provision · exact public law section
   (2) in subsection (b), by inserting “Pleas of Guilty.—” after “(b)”.

   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.

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5227(a) · 130 Stat. 2000

   1. Substituted · 10 U.S.C. § 845(b)

      Pub. L. 114–328, § 5227(a), substituted “is mandatory” for “may be adjudged”

   2. Struck · 10 U.S.C. § 845(b)

      Pub. L. 114–328, § 5227(a), struck out “or by a court-martial without a military judge” after “by the military judge” and “, if permitted by regulations of the Secretary concerned,” after “charge or specification may”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 114–328, § 5227(a), substituted “is mandatory” for “may be adjudged” and struck out “or by a court-martial without a military judge” after “by the military judge” and “, if permitted by regulations of the Secretary concerned,” after “charge or specification may”.

   Enacted provision · exact public law section
   (a) Pleas of Guilty.— Subsection (b) of section 845 of title 10, United States Code (article 45 of the Uniform Code of Military Justice), is amended— (1) in the first sentence, by striking “may be adjudged” and inserting “is mandatory”; and (2) in the second sentence— (A) by striking “or by a court-martial without a military judge”; and (B) by striking “, if permitted by regulations of the Secretary concerned,”.

   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.

7. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5227(b) · 130 Stat. 2000

   Added · 10 U.S.C. § 845(c)

   Pub. L. 114–328, § 5227(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328, § 5227(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Harmless Error.— Such section (article) is further amended by adding at the end the following new subsection: “(c) Harmless Error.— A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.” .

   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.

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