§ 850a. Art. 50a. Defense of lack of mental responsibility

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. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 div. A title VIII § 802(a)(1) · 100 Stat. 3816

   Enacted · 10 U.S.C. § 850a

   Added Pub. L. 99–661, div. A, title VIII, § 802(a)(1), Nov. 14, 1986, 100 Stat. 3905

   Source evidence

   Code source credit
   Added Pub. L. 99–661, div. A, title VIII, § 802(a)(1), Nov. 14, 1986, 100 Stat. 3905

   Enacted provision · exact public law section
   (1) Subchapter VII is amended by inserting after section 850 (article 50) the following new section (article): “§ 850a. Art. 50a. Defense of lack of mental responsibility “(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense. “(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. “(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of a court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused— “(1) guilty; “(2) not guilty; or “(3) not guilty only by reason of lack of mental responsibility. “(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused— “(1) guilty; “(2) not guilty; or “(3) not guilty only by reason of lack of mental responsibility. “(e) 10 USC 852. Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if— “(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or “(2) in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.”.

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVII § 5233 · 130 Stat. 2000

   Struck · 10 U.S.C. § 850a(c)

   Pub. L. 114–328, in introductory provisions, struck out “, or the president of a court-martial without a military judge,” after “the military judge”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328, in introductory provisions, struck out “, or the president of a court-martial without a military judge,” after “the military judge”.

   Enacted provision · exact public law section
   SEC. 5233. CONFORMING AMENDMENT RELATING TO DEFENSE OF LACK OF MENTAL RESPONSIBILITY.   Section 850a(c) of title 10, United States Code (article 50a(c) of the Uniform Code of Military Justice), is amended by striking “, or the president of a court-martial without a military judge,”.

   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.

2 of 2 references resolved to an enrolled provision