§ 852. Art. 52. Votes required for conviction, sentencing, and other matters

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. 55 · 70A Stat. 55

   Enacted · 10 U.S.C. § 852

   Aug. 10, 1956, ch. 1041, 70A Stat. 55

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 55

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(22)(A) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 852(a)(2)

   Pub. L. 90–632, § 2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b))

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 90–632, § 2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b)).

   Enacted provision · exact public law section
   (A) by inserting the words “as provided in section 845(b) of this title (article 45(b)) or” after the word “except” in subsection (a)(2);and

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(22)(B) · 82 Stat. 1335

   Changed · 10 U.S.C. § 852(c)

   Pub. L. 90–632, § 2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–632, § 2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

   Enacted provision · exact public law section
   (B) by inserting immediately before the period in the first sentence of subsection (c) the words “, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.”

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVII § 5235 · 130 Stat. 2000

   Amended · 10 U.S.C. § 852

   Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively.

   Enacted provision · exact public law section
   SEC. 5235. VOTES REQUIRED FOR CONVICTION, SENTENCING, AND OTHER MATTERS.   Section 852 of title 10, United States Code (article 52 of the Uniform Code of Military Justice), is amended to read as follows: “§ 852. Art. 52. Votes required for conviction, sentencing, and other matters “(a) In General.— No person may be convicted of an offense in a general or special court-martial, other than— “(1) after a plea of guilty under section 845(b) of this title (article 45(b)); “(2) by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or “(3) in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken. “(b) Level of Concurrence Required.— “(1) In general.— Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. “(2) Sentencing.— A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.” .

   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.

3 of 4 references resolved to an enrolled provision · 1 partial