Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 853a. Art. 53a. Plea agreements

Statutory text

In General.—

Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—

the manner in which the convening authority will dispose of one or more charges and specifications; and

limitations on the sentence that may be adjudged for one or more charges and specifications.

The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.

With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).

Acceptance of Plea Agreement.—

Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—

in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and

in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.

Limitation on Acceptance of Plea Agreements.—

The military judge of a general or special court-martial shall reject a plea agreement that—

contains a provision that has not been accepted by both parties;

contains a provision that is not understood by the accused;

except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));

is prohibited by law; or

is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.

Limited Conditions for Acceptance of Plea Agreement for Sentence Below Mandatory Minimum for Certain Offenses.—

With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—

the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and

upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.

Binding Effect of Plea Agreement.—

Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.

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.

2016
Military Justice Act of 2016
Pub. L. 114–328 div. E title LVII § 5237 · 130 Stat. 2000
Enacted · 10 U.S.C. § 853a
Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917
Source evidence
Code source credit
Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917
Enacted provision · exact public law section
SEC. 5237. PLEA AGREEMENTS. Subchapter VII of chapter 47 of title 10, United States Code, is amended by inserting after section 853 (article 53 of the Uniform Code of Military Justice), as amended by section 5236 of this Act, the following new section (article): “§ 853a. Art. 53a. Plea agreements “(a) In General.— (1) At any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as— “(A) the manner in which the convening authority will dispose of one or more charges and specifications; and “(B) limitations on the sentence that may be adjudged for one or more charges and specifications. “(2) The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement. “(b) Limitation on Acceptance of Plea Agreements.— The military judge of a general or special court-martial shall reject a plea agreement that— “(1) contains a provision that has not been accepted by both parties; “(2) contains a provision that is not understood by the accused; or “(3) except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2)). “(c) Limited Conditions for Acceptance of Plea Agreement for Sentence Below Mandatory Minimum for Certain Offenses.— With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))— “(1) the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and “(2) upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged. “(d) Binding Effect of Plea Agreement.— Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the military judge.” .
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 531(d)(1) · 131 Stat. 1283
Added · 10 U.S.C. § 853a(b)(4); 10 U.S.C. § 853a(b)(5)
Pub. L. 115–91, § 531(d)(1), added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (b)(4), (5). Pub. L. 115–91, § 531(d)(1), added pars. (4) and (5).
Enacted provision · exact public law section
(1) in subsection (b)— (A) in paragraph (2), by striking “or” after the semicolon; (B) in paragraph (3), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: “(4) is prohibited by law; or “(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.” ; and
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(c)(1)(H) · 131 Stat. 1283
Substituted · 10 U.S.C. § 853a(d)
Pub. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Pub. L. 115–91, § 531(d)(2). See below
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Pub. L. 115–91, § 531(d)(2). See below.
Enacted provision · exact public law section
(H) Subsection (d) of section 853a (article 53a), as added by section 5237 of the Military Justice Act of 2016 (130 Stat. 2917), is amended by striking “military judge” the second place it appears and inserting “court-martial”.
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 531(d)(2) · 131 Stat. 1283
Substituted · 10 U.S.C. § 853a(d)
Pub. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”.
Enacted provision · exact public law section
(2) in subsection (d), by striking “shall bind the parties and the military judge” and inserting “shall bind the parties and the court-martial”.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539(a)(1) · 135 Stat. 1541
Substituted · 10 U.S.C. § 853a(a)(1)
Pub. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “At any time” and inserting “Subject to paragraph (3), at any time”; and
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539(a)(2) · 135 Stat. 1541
Added · 10 U.S.C. § 853a(a)(3)
Pub. L. 117–81, § 539(a)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 117–81, § 539(a)(2), added par. (3).
Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).” .
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539E(b) · 135 Stat. 1541
1. Added · 10 U.S.C. § 853a(b); 10 U.S.C. § 853a(c)
  Pub. L. 117–81, § 539E(b), added subsec. (b)
2. Redesignated · 10 U.S.C. § 853a(b); 10 U.S.C. § 853a(c)
  Pub. L. 117–81, § 539E(b), redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 117–81, § 539E(b), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(b) Article 53a; Plea Agreements.— Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: “(b) Acceptance of Plea Agreement.— Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— “(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and “(2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.” .
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539E(b)(1) · 135 Stat. 1541
Redesignated · 10 U.S.C. § 853a(d)
Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Enacted provision · exact public law section
(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539(b) · 135 Stat. 1541
Inserted · 10 U.S.C. § 853a(d)
Pub. L. 117–81, § 539(b), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–81, § 539(b), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”.
Enacted provision · exact public law section
(b) Binding Effect.— Subsection (d) of such section (article) is amended by inserting after “parties” the following: “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))”.
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 539E(b)(1) · 135 Stat. 1541
Redesignated · 10 U.S.C. § 853a(e)
Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (d) as (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (d) as (e).
Enacted provision · exact public law section
(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and
Effective date note
Amendment by section 539 of 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. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.

11 of 11 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (b), is section 539E(e) of Pub. L. 117–81, which is set out as a note under section 856 of this title.

Amendments2017–2021 · 2 rounds

2021

Subsec. (a)(1). Pub. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions.

Subsec. (a)(3). Pub. L. 117–81, § 539(a)(2), added par. (3).

Subsecs. (b), (c). Pub. L. 117–81, § 539E(b), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 117–81, § 539(b), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”.

Subsec. (e). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (d) as (e).

2017

Subsec. (b)(4), (5). Pub. L. 115–91, § 531(d)(1), added pars. (4) and (5).

Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Pub. L. 115–91, § 531(d)(2). See below.

Pub. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 539 of 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.

Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.

Effective Date of 2017 Amendment

Amendment by section 531(d) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Amendment by section 1081(c)(1)(H) of Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

Section 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. 13825, set out as notes under section 801 of this title.

Credits

2016–2021 · 3 acts

2016Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917
2017amended Pub. L. 115–91, div. A, title V, § 531(d), title X, § 1081(c)(1)(H), Dec. 12, 2017, 131 Stat. 1384, 1598
2021Pub. L. 117–81, div. A, title V, §§ 539, 539E(b), Dec. 27, 2021, 135 Stat. 1698, 1701.

Show as published

(Added Pub. L. 114–328, div. E, title LVII, § 5237, Dec. 23, 2016, 130 Stat. 2917; amended Pub. L. 115–91, div. A, title V, § 531(d), title X, § 1081(c)(1)(H), Dec. 12, 2017, 131 Stat. 1384, 1598; Pub. L. 117–81, div. A, title V, §§ 539, 539E(b), Dec. 27, 2021, 135 Stat. 1698, 1701.)