§ 854. Art. 54. Record of trial

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. § 854

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

   Source evidence

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

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(23) · 82 Stat. 1335

   Changed · 10 U.S.C. § 854(a)

   Pub. L. 90–632 provided for authentication of a record of trial by general court-martial by the signature of the military judge, for alternate methods of authentication if the military judge for specified reasons is unable to authenticate it, for authentication when a court-martial consists only of a military judge, and for summarized records of trial in specified cases

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632 provided for authentication of a record of trial by general court-martial by the signature of the military judge, for alternate methods of authentication if the military judge for specified reasons is unable to authenticate it, for authentication when a court-martial consists only of a military judge, and for summarized records of trial in specified cases.

   Enacted provision · exact public law section
   (23) Section 854(a) (article 54(a)) is amended to read as follows: “(a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge.. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is mi able to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the President.”

3. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 6(c)(1) · 97 Stat. 1393

   Struck · 10 U.S.C. § 854(a)

   Pub. L. 98–209, § 6(c)(1), struck out provision that if the proceedings had resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which could otherwise be adjudged by a special court-martial, the record had to contain such matters as might be prescribed by regulations of the President

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–209, § 6(c)(1), struck out provision that if the proceedings had resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which could otherwise be adjudged by a special court-martial, the record had to contain such matters as might be prescribed by regulations of the President.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out the last sentence;

4. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 6(c)(2) · 97 Stat. 1393

   Substituted · 10 U.S.C. § 854(b)

   Pub. L. 98–209, § 6(c)(2), substituted “the record” for “the record shall contain the matter and”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–209, § 6(c)(2), substituted “the record” for “the record shall contain the matter and”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking out “shall contain the matter and”;

5. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 6(c)(3) · 97 Stat. 1393

   1. Added · 10 U.S.C. § 854(c); 10 U.S.C. § 854(d)

      Pub. L. 98–209, § 6(c)(3), (4), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 854(c); 10 U.S.C. § 854(d)

      Pub. L. 98–209, § 6(c)(3), (4), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 98–209, § 6(c)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c) as subsection (d); and

6. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Inserted · 10 U.S.C. § 854(c)(1)(B)

   Pub. L. 106–398 inserted “, confinement for more than six months, or forfeiture of pay for more than six months” after “bad-conduct discharge”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 106–398 inserted “, confinement for more than six months, or forfeiture of pay for more than six months” after “bad-conduct discharge”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

7. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title V § 586(e) · 125 Stat. 1298

   Added · 10 U.S.C. § 854(e)

   Pub. L. 112–81 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 112–81 added subsec. (e).

   Enacted provision · exact public law section
   (e) Copy of Records of Court-martial to Victim of Sexual Assault.— Section 854 of title 10, United States Code (article 54 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(e) In the case of a general or special court-martial involving a sexual assault or other offense covered by section 920 of this title (article 120), a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are Notification. authenticated. The victim shall be notified of the opportunity to receive the records of the proceedings.” .

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5238(1) · 130 Stat. 2000

   1. Added · 10 U.S.C. § 854(a)

      Pub. L. 114–328, § 5238(1), added subsec. (a)

   2. Struck · 10 U.S.C. § 854(a)

      Pub. L. 114–328, § 5238(1), struck out former subsec. (a) which read as follows: “Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5238(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following new subsection (a): “(a) General and Special Courts-martial.— Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.” ;

   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.

9. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5238(2) · 130 Stat. 2000

   1. Substituted · 10 U.S.C. § 854(b)

      Pub. L. 114–328, § 5238(2), substituted “Summary Courts-martial.—Each summary court-martial” for “Each special and summary court-martial”

   2. Substituted · 10 U.S.C. § 854(b)

      Pub. L. 114–328, § 5238(2), substituted “certified” for “authenticated”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 5238(2), substituted “Summary Courts-martial.—Each summary court-martial” for “Each special and summary court-martial” and “certified” for “authenticated”.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking “(b) Each special and summary court-martial” and inserting “ (b) Summary Courts-martial.—Each summary court-martial”; and (B) by striking “authenticated” and inserting “certified”;

   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.

10. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5238(3) · 130 Stat. 2000

    1. Added · 10 U.S.C. § 854(c)

       Pub. L. 114–328, § 5238(3), added subsec. (c)

    2. Struck · 10 U.S.C. § 854(c)

       Pub. L. 114–328, § 5238(3), struck out former subsec. (c) which related to preparation of complete record of proceedings

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–328, § 5238(3), added subsec. (c) and struck out former subsec. (c) which related to preparation of complete record of proceedings.

    Enacted provision · exact public law section
    (3) by striking subsection (c) and inserting the following new subsection (c): “(c) Contents of Record.— (1) Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation. “(2) In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.” ;

    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.

11. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5238(4) · 130 Stat. 2000

    1. Inserted · 10 U.S.C. § 854(d)

       Pub. L. 114–328, § 5238(4), inserted heading

    2. Substituted · 10 U.S.C. § 854(d)

       Pub. L. 114–328, § 5238(4), substituted “certified” for “authenticated”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–328, § 5238(4), inserted heading and substituted “certified” for “authenticated”.

    Enacted provision · exact public law section
    (4) in subsection (d)— (A) by striking “(d) A copy” and inserting “(d) Copy to Accused.—A copy”; and (B) by striking “authenticated” and inserting “certified”; 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.

12. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5238(5) · 130 Stat. 2000

    1. Inserted · 10 U.S.C. § 854(e)

       Pub. L. 114–328, § 5238(5), inserted heading

    2. Substituted · 10 U.S.C. § 854(e)

       Pub. L. 114–328, § 5238(5), substituted “, upon request,” for “involving a sexual assault or other offense covered by section 920 of this title (article 120),”

    3. Substituted · 10 U.S.C. § 854(e)

       Pub. L. 114–328, § 5238(5), substituted “certified” for “authenticated”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–328, § 5238(5), inserted heading and substituted “, upon request,” for “involving a sexual assault or other offense covered by section 920 of this title (article 120),” and “certified” for “authenticated”.

    Enacted provision · exact public law section
    (5) in subsection (e)— (A) by striking “(e) In the case” and inserting “(e) Copy to Victim.—In the case”; (B) by striking “involving a sexual assault or other offense covered by section 920 of this title (article 120),” in the first sentence and inserting “, upon request,”; and (C) by striking “authenticated” in the second sentence and inserting “certified”.

    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.

18 of 19 references resolved to an enrolled provision · 1 partial