§ 858b. Art. 58b. Sentences: forfeiture of pay and allowances during confinement

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. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 div. A title XI § 1122(a)(1) · 110 Stat. 186

   Enacted · 10 U.S.C. § 858b

   Added Pub. L. 104–106, div. A, title XI, § 1122(a)(1), Feb. 10, 1996, 110 Stat. 463

   Source evidence

   Code source credit
   Added Pub. L. 104–106, div. A, title XI, § 1122(a)(1), Feb. 10, 1996, 110 Stat. 463

   Enacted provision · exact public law section
   (1) Subchapter VIII is amended by inserting after section 858a (article 58a) the following: “§ 858b. Art. 58b. Sentences: forfeiture of pay and allowances during confinement “(a) (1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay and allowances due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 857(a) of this title (article 57(a)) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay and allowances due that member during such period. “(2) A sentence covered by this section is any sentence that includes— “(A) confinement for more than six months or death; or “(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal. “(b) In a case involving an accused who has dependents, the convening authority or other person acting under section 860 of this title (article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. “(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 1068(a)(1)(B) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 858b(a)(1)

   Pub. L. 104–201, § 1068(a)(1)(B), substituted “two-thirds of all pay” for “two-thirds of all pay and allowances” in third sentence

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–201, § 1068(a)(1)(B), substituted “two-thirds of all pay” for “two-thirds of all pay and allowances” in third sentence.

   Enacted provision · exact public law section
   (B) in the third sentence, by striking out “two-thirds of all pay and allowances” and inserting in lieu thereof “two-thirds of all pay”.

3. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 1068(a)(1)(A) · 110 Stat. 2422

   Inserted · 10 U.S.C. § 858b(a)(1)

   Pub. L. 104–201, § 1068(a)(1)(A), which directed amendment of first sentence by inserting “(if adjudged by a general court-martial)” after “all pay and”, was executed by making the insertion after “of pay and” in first sentence to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–201, § 1068(a)(1)(A), which directed amendment of first sentence by inserting “(if adjudged by a general court-martial)” after “all pay and”, was executed by making the insertion after “of pay and” in first sentence to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (A) in the first sentence, by inserting “(if adjudged by a general court-martial)” after “all pay and”; and

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(9) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 858b(a)(1)

   Pub. L. 105–85 substituted “forfeiture of pay, or of pay and allowances, due that member” for “forfeiture of pay and (if adjudged by a general court-martial) allowances due that member” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 105–85 substituted “forfeiture of pay, or of pay and allowances, due that member” for “forfeiture of pay and (if adjudged by a general court-martial) allowances due that member” in first sentence.

   Enacted provision · exact public law section
   (9) Section 858b(a)(1) is amended in the first sentence by striking out “forfeiture” and all that follows through “due that member” and inserting in lieu thereof “forfeiture of pay, or of pay and allowances, due that member”.

5. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVIII § 5302(b)(3) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 858b(a)(1)

   Pub. L. 114–328 substituted “section 857 of this title (article 57)” for “section 857(a) of this title (article 57(a))”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–328 substituted “section 857 of this title (article 57)” for “section 857(a) of this title (article 57(a))”.

   Enacted provision · exact public law section
   (3) The second sentence of subsection (a)(1) of section 858b of title 10, United States Code (article 58b of the Uniform Code of Military Justice), is amended by striking “section 857(a) of this title (article 57(a))” and inserting “section 857 of this title (article 57)”.

   Effective date note
   Amendment by 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.

6. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title V § 531(g) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 858b(b)

   Pub. L. 115–91 substituted “section 860a or 860b of this title (article 60a or 60b)” for “section 860 of this title (article 60)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–91 substituted “section 860a or 860b of this title (article 60a or 60b)” for “section 860 of this title (article 60)”.

   Enacted provision · exact public law section
   (g) Convening Authority Authorities.— Section 858b(b) of title 10, United States Code (article 58b(b) of the Uniform Code of Military Justice), is amended in the first sentence by striking “section 860 of this title (article 60)” and inserting “section 860a or 860b of this title (article 60a or 60b)”.

   Effective date note
   Amendment by 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.

6 of 6 references resolved to an enrolled provision