§ 853. Art. 53. Findings and sentencing

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. 56 · 70A Stat. 56

   Enacted · 10 U.S.C. § 853

   Aug. 10, 1956, ch. 1041, 70A Stat. 56

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 56

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVII § 5236 · 130 Stat. 2000

   Amended · 10 U.S.C. § 853

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”

   Enacted provision · exact public law section
   SEC. 5236. FINDINGS AND SENTENCING.   Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended to read as follows: “§ 853. Art. 53. Findings and sentencing “(a) Announcement.— A court-martial shall announce its findings and sentence to the parties as soon as determined. “(b) Sentencing Generally.— “(1) General and special courts-martial.— “(A) Sentencing by military judge.— Except as provided in subparagraph (B), and in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. “(B) Sentencing by members.— If the accused is convicted of an offense in a trial by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused. “(C) Sentence of the accused.— The sentence determined pursuant to this paragraph constitutes the sentence of the accused. “(2) Summary courts-martial.— If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused. “(c) Sentencing for Capital Offenses.— “(1) In general.— In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment. “(2) Lesser authorized punishments.— In accordance with regulations prescribed by the President, the court-martial may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter. “(3) Other non-capital offenses.— In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.” .

3. 2017

   National Defense Authorization Act for Fiscal Year 2018

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

   Struck · 10 U.S.C. § 853(b)(1)(B)

   Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”.

   Enacted provision · exact public law section
   (G) Section 853(b)(1)(B) (article 53(b)(1)(B)), as amended by section 5236 of the Military Justice Act of 2016 (130 Stat. 2937), is further amended by striking “in a trial”.

4. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 539E(a)(1) · 135 Stat. 1541

   Amended · 10 U.S.C. § 853(b)(1)

   Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members.

   Enacted provision · exact public law section
   (1) in subsection (b), by amending paragraph (1) to read as follows: “(1) General and special courts-martial.— Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.” ; and

   Effective date note
   Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that: “The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 539E(a)(2)(A) · 135 Stat. 1541

   Amended · 10 U.S.C. § 853(c)(1)

   Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.”

   Enacted provision · exact public law section
   (A) by amending paragraph (1) to read as follows: “(1) In general.— In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— “(A) the members shall determine— “(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or “(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and “(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).” ; and

   Effective date note
   Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that: “The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

6. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 539E(a)(2)(B) · 135 Stat. 1541

   Substituted · 10 U.S.C. § 853(c)(2)

   Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “the court-martial” and inserting “the military judge”.

   Effective date note
   Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that: “The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

5 of 6 references resolved to an enrolled provision · 1 partial