§ 860. Art. 60. Post-trial processing in general and special courts-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.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 57 · 70A Stat. 57

   Enacted · 10 U.S.C. § 860

   Aug. 10, 1956, ch. 1041, 70A Stat. 57

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 57

2. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 5(a)(1) · 97 Stat. 1393

   1. Amended · 10 U.S.C. § 860

      Pub. L. 98–209 amended section generally

   2. Substituted · 10 U.S.C. § 860

      Pub. L. 98–209 substituting “Action by the convening authority” for “Initial action on the record” as section catchline, and, in text

   3. Substituted · 10 U.S.C. § 860

      Pub. L. 98–209 substituting new provision for provision that after a trial by court-martial the record had to be forwarded to the convening authority, and action thereon could be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction

   Source evidence

   Code amendment note
   Pub. L. 98–209 amended section generally, substituting “Action by the convening authority” for “Initial action on the record” as section catchline, and, in text, substituting new provision for provision that after a trial by court-martial the record had to be forwarded to the convening authority, and action thereon could be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.

   Enacted provision · exact public law section
   (1) Section 860 (article 60) is amended to read as follows: 10 USC 860. “§ 860. Art. 60. Action by the convening authority “(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. “(b) (1) Within 30 days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority Extension period. within 7 days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period— “(A) in the case of a general court-martial or a special court-martial which has adjudged a bad-conduct discharge, for not more than an additional 20 days; and “(B) in the case of all other courts-martial, for not more than an additional 10 days. “(2) In a summary court-martial case the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1). “(3) In no event shall the accused in any general or special court-martial case have less than a 7-day period after the day on which a copy of the authenticated record of trial has been given to Extension period. him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days. “(4) Waiver. The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority. “(c) (1) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. “(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) and, if applicable, under subsection (d), or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. “(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may— “(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or “(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. “(d) Written recommendation. Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommen-dation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or Extension period. other person taking action under this section, for good cause, may extend that period for up to an additional 20 days. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. “(e) (1) The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing. “(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision— “(A) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; “(B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or “(C) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. “(3) A rehearing may be ordered by the convening authority or Rehearing. other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.’’.

3. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 § 806(a)(3) · 100 Stat. 3816

   Amended · 10 U.S.C. § 860(b)(1)

   Pub. L. 99–661, § 806(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Within 30 days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority within seven days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–661, § 806(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Within 30 days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority within seven days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period—

   “(A) in the case of a general court-martial or a special court-martial which has adjudged a bad-conduct discharge, for not more than an additional 20 days; and “(B) in the case of all other courts-martial, for not more than an additional 10 days.”

   Enacted provision · exact public law section
   (3) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Except in a summary court-martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced. “(2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days.”.

4. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 § 806(a)(2) · 100 Stat. 3816

   Redesignated · 10 U.S.C. § 860(b)(2)

   Pub. L. 99–661, § 806(a)(2), (3), added par. (2). Former par. (2) redesignated (3)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–661, § 806(a)(2), (3), added par. (2). Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (2) by redesignating paragraph (2) as paragraph (3) and inserting a comma in that paragraph after “case”; and

5. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 § 806(a)(1) · 100 Stat. 3816

   1. Redesignated · 10 U.S.C. § 860(b)(3)

      Pub. L. 99–661, § 806(a)(1), (2), redesignated par. (2) as (3)

   2. Inserted · 10 U.S.C. § 860(b)(3)

      Pub. L. 99–661, § 806(a)(1), (2), inserted a comma after “case”

   3. Struck · 10 U.S.C. § 860(b)(3)

      Pub. L. 99–661, § 806(a)(1), (2), struck out former par. (3) which read as follows: “In no event shall the accused in any general or special court-martial case have less than a seven-day period after the day on which a copy of the authenticated record of trial has been given to him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 99–661, § 806(a)(1), (2), redesignated par. (2) as (3), inserted a comma after “case”, and struck out former par. (3) which read as follows: “In no event shall the accused in any general or special court-martial case have less than a seven-day period after the day on which a copy of the authenticated record of trial has been given to him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days.”

   Enacted provision · exact public law section
   (1) by striking out paragraph (3);

6. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 § 806(b) · 100 Stat. 3816

   Struck · 10 U.S.C. § 860(c)(2)

   Pub. L. 99–661, § 806(b), struck out “and, if applicable, under subsection (d),” after “under subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 99–661, § 806(b), struck out “and, if applicable, under subsection (d),” after “under subsection (b)”.

   Enacted provision · exact public law section
   (b) Recommendations of Staff Judge Advocate.— Subsection (c)(2) of such section is amended by striking out “and, if applicable, under subsection (d),”.

7. 1986

   Military Justice Amendments of 1986

   Pub. L. 99–661 § 806(c) · 100 Stat. 3816

   Substituted · 10 U.S.C. § 860(d)

   Pub. L. 99–661, § 806(c), substituted “who may submit any matter in response under subsection (b)” for “who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–661, § 806(c), substituted “who may submit any matter in response under subsection (b)” for “who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days.”

   Enacted provision · exact public law section
   (c) Conforming Amendments.— Subsection (d) of such section is amended— (1) in the third sentence, by striking out “who shall have five days from the date of receipt in which to submit any matter in response” and inserting in lieu thereof “who may submit any matter in response under subsection (b)”; and (2) by striking out the fourth sentence.

8. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 div. A title XI § 1132 · 110 Stat. 186

   Inserted · 10 U.S.C. § 860(b)(1)

   Pub. L. 104–106 inserted after first sentence “Any such submission shall be in writing.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–106 inserted after first sentence “Any such submission shall be in writing.”

   Enacted provision · exact public law section
   SEC. 1132. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR CONSIDERATION. Section 860(b)(1) (article 60(b)(1)) is amended by inserting after the first sentence the following: “Any such submission shall be in writing.”.

9. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 § 1706(c) · 127 Stat. 672

   Substituted · 10 U.S.C. § 860(b)(1)

   Pub. L. 113–66, § 1706(c), substituted “subsection (e)” for “subsection (d)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 113–66, § 1706(c), substituted “subsection (e)” for “subsection (d)”.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Subsection (b)(1) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by striking “subsection (d)” and inserting “subsection (e)”.

10. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1702(c)(1)(A) · 127 Stat. 672

    Substituted · 10 U.S.C. § 860(b)(2)

    Pub. L. 113–66, § 1702(c)(1)(A), substituted “or another person authorized to act under this section” for “or other person taking action under this section”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–66, § 1702(c)(1)(A), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.

    Enacted provision · exact public law section
    (A) in subsection (b)(2), by striking “or other person taking action under this section” and inserting “or another person authorized to act under this section”;

11. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1706(b) · 127 Stat. 672

    Added · 10 U.S.C. § 860(b)(5)

    Pub. L. 113–66, § 1706(b), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 113–66, § 1706(b), added par. (5).

    Enacted provision · exact public law section
    (b) Limitations on Consideration of Victim’s Character.— Subsection (b) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: “(5) The convening authority or other person taking action under this section shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.” .

12. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1702(b) · 127 Stat. 672

    Amended · 10 U.S.C. § 860(c)

    Pub. L. 113–66, § 1702(b), amended subsec. (c) generally. Prior to amendment, text related to the command prerogative of the convening authority to modify the findings and sentence of a court-martial

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–66, § 1702(b), amended subsec. (c) generally. Prior to amendment, text related to the command prerogative of the convening authority to modify the findings and sentence of a court-martial.

    Enacted provision · exact public law section
    (b) Elimination of Unlimited Command Prerogative and Discretion; Imposition of Additional Limitations.— Subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended to read as follows: “(c) (1) Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. “(2) (A) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. “(B) Except as provided in paragraph (4), the convening authority or another person authorized to act under this section may approve, disapprove, commute, or suspend the sentence of the court-martial in whole or in part. “(C) If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend, in whole or in part, the sentence of the court-martial for an offense (other than a qualifying offense), the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. Records. The written explanation shall be made a part of the record of the trial and action thereon. “(3) (A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required. “(B) If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person— “(i) may not dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or “(ii) may not change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. “(C) If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for an offense (other than a qualifying offense), the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. Records. The written explanation shall be made a part of the record of the trial and action thereon. “(D) (i) In this subsection, the term ‘qualifying offense’ means, except in the case of an offense excluded pursuant to clause (ii), an offense under this chapter for which— “(I) the maximum sentence of confinement that may be adjudged does not exceed two years; and “(II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. “(ii) Such term does not include any of the following: “(I) An offense under subsection (a) or (b) of section 920 of this title (article 120). “(II) An offense under section 920b or 925 of this title (articles 120b and 125). “(III) Such other offenses as the Secretary of Defense may specify by regulation. “(4) (A) Except as provided in subparagraph (B) or (C), the convening authority or another person authorized to act under this section may not disapprove, commute, or suspend in whole or in part an adjudged sentence of confinement for more than six months or a sentence of dismissal, dishonorable discharge, or bad conduct discharge. “(B) Upon the recommendation of the trial counsel, in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the convening authority or another person authorized to act under this section shall have the authority to disapprove, commute, or suspend the adjudged sentence in whole or in part, even with respect to an offense for which a mandatory minimum sentence exists. “(C) If a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Courts–Martial 705, the convening authority or another person authorized to act under this section shall have the authority to approve, disapprove, commute, or suspend a sentence in whole or in part pursuant to the terms of the pre-trial agreement, subject to the following limitations for convictions of offenses that involve a mandatory minimum sentence: “(i) If a mandatory minimum sentence of a dishonorable discharge applies to an offense for which the accused has been convicted, the convening authority or another person authorized to act under this section may commute the dishonorable discharge to a bad conduct discharge pursuant to the terms of the pre-trial agreement. “(ii) Except as provided in clause (i), if a mandatory minimum sentence applies to an offense for which the accused has been convicted, the convening authority or another person authorized to act under this section may not disapprove, otherwise commute, or suspend the mandatory minimum sentence in whole or in part, unless authorized to do so under subparagraph (B).” .

13. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1706(a)(2) · 127 Stat. 672

    Redesignated · 10 U.S.C. § 860(d)

    Pub. L. 113–66, § 1706(a)(2), added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–66, § 1706(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) by inserting after subsection (c) the following new subsection: “(d) (1) In any case in which findings and sentence have been adjudged for an offense that involved a victim, the victim shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. “(2) (A) Except as provided in subparagraph (B), the submission of matters under paragraph (1) shall be made within 10 days after the later of— “(i) the date on which the victim has been given an authenticated record of trial in accordance with section 854(e) of this title (article 54(e)); and “(ii) if applicable, the date on which the victim has been given the recommendation of the staff judge advocate or legal officer under subsection (e). “(B) In the case of a summary court-martial, the submission of matters under paragraph (1) shall be made within seven days after the date on which the sentence is announced. “(3) If a victim shows that additional time is required for submission of matters under paragraph (1), the convening authority or other person taking action under this section, for good cause, may extend the submission period under paragraph (2) for not more than an additional 20 days. “(4) A victim may waive the right under this subsection to make a submission to the convening authority or other person taking action under this section. Such a waiver shall be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which a victim may make a submission under this subsection shall be deemed to have expired upon the submission of such waiver to the convening authority or such other person. “(5) In this section, the term ‘victim’ means a person who has suffered a direct physical, emotional, or pecuniary loss as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice) and on which the convening authority or other person authorized to take action under this section is taking action under this section.” .

14. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1702(c)(1)(B) · 127 Stat. 672

    Substituted · 10 U.S.C. § 860(d)

    Pub. L. 113–66, § 1702(c)(1)(B), substituted “or another person authorized to act under this section” for “or other person taking action under this section” in first sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–66, § 1702(c)(1)(B), substituted “or another person authorized to act under this section” for “or other person taking action under this section” in first sentence.

    Enacted provision · exact public law section
    (B) in subsection (d), by striking “or other person taking action under this section” the first place it appears and inserting “or another person authorized to act under this section”;

15. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1706(a)(1) · 127 Stat. 672

    Redesignated · 10 U.S.C. § 860(e)

    Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

16. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1702(c)(1)(C) · 127 Stat. 672

    Substituted · 10 U.S.C. § 860(e)(1)

    Pub. L. 113–66, § 1702(c)(1)(C), substituted “or another person authorized to act under this section” for “or other person taking action under this section, in his sole discretion,”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 113–66, § 1702(c)(1)(C), substituted “or another person authorized to act under this section” for “or other person taking action under this section, in his sole discretion,”.

    Enacted provision · exact public law section
    (C) in subsection (e)(1), by striking “or other person taking action under this section, in his sole discretion,” and inserting “or another person authorized to act under this section”; and

17. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1702(c)(1)(D) · 127 Stat. 672

    Substituted · 10 U.S.C. § 860(e)(3)

    Pub. L. 113–66, § 1702(c)(1)(D), substituted “or another person authorized to act under this section” for “or other person taking action under this section”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 113–66, § 1702(c)(1)(D), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.

    Enacted provision · exact public law section
    (D) in subsection (e)(3), by striking “or other person taking action under this section” and inserting “or another person authorized to act under this section”.

18. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 1706(a)(1) · 127 Stat. 672

    Redesignated · 10 U.S.C. § 860(f)

    Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (e) as (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

19. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(1)(A) · 128 Stat. 3292

    Inserted · 10 U.S.C. § 860(c)(3)(A)

    Pub. L. 113–291, § 531(a)(1)(A), inserted “and may be taken only with respect to a qualifying offense” after “is not required”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 113–291, § 531(a)(1)(A), inserted “and may be taken only with respect to a qualifying offense” after “is not required”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by inserting “and may be taken only with respect to a qualifying offense” after “is not required”;

20. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(1)(B) · 128 Stat. 3292

    Struck and inserted · 10 U.S.C. § 860(c)(3)(B)(i)

    Pub. L. 113–291, § 531(a)(1)(B), struck out “, other than a charge or specification for a qualifying offense,” after “specification” and inserted “, but may take such action with respect to a qualifying offense” before semicolon

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(i). Pub. L. 113–291, § 531(a)(1)(B), struck out “, other than a charge or specification for a qualifying offense,” after “specification” and inserted “, but may take such action with respect to a qualifying offense” before semicolon.

    Enacted provision · exact public law section
    (B) in subparagraph (B)(i)— (i) by striking “, other than a charge or specification for a qualifying offense,”; and (ii) by inserting “, but may take such action with respect to a qualifying offense” after “thereto”; and

21. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(1)(C) · 128 Stat. 3292

    Struck and inserted · 10 U.S.C. § 860(c)(3)(B)(ii)

    Pub. L. 113–291, § 531(a)(1)(C), struck out “, other than a charge or specification for a qualifying offense,” after “to a charge or specification” and inserted “, but may take such action with respect to a qualifying offense” before period

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(ii). Pub. L. 113–291, § 531(a)(1)(C), struck out “, other than a charge or specification for a qualifying offense,” after “to a charge or specification” and inserted “, but may take such action with respect to a qualifying offense” before period.

    Enacted provision · exact public law section
    (C) in subparagraph (B)(ii)— (i) by striking “, other than a charge or specification for a qualifying offense,”; and (ii) by inserting “, but may take such action with respect to a qualifying offense” before the period.

22. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(2) · 128 Stat. 3292

    Struck · 10 U.S.C. § 860(c)(3)(C)

    Pub. L. 113–291, § 531(a)(2), struck out “(other than a qualifying offense)” after “offense”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 113–291, § 531(a)(2), struck out “(other than a qualifying offense)” after “offense”.

    Enacted provision · exact public law section
    (2) Clarification of applicability of requirement for explanation in writing for modification to findings of a court-martial.— Paragraph (3)(C) of subsection (c) of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 (Public Law 113–66; 127 Stat. 955), 10 USC 860. is amended by striking “(other than a qualifying offense)”.

23. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(5) · 128 Stat. 3292

    Inserted · 10 U.S.C. § 860(c)(4)(C)(ii)

    Pub. L. 113–291, § 531(a)(5), inserted “pursuant to section 856(b) of this title (article 56(b))” after “applies”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(C)(ii). Pub. L. 113–291, § 531(a)(5), inserted “pursuant to section 856(b) of this title (article 56(b))” after “applies”.

    Enacted provision · exact public law section
    (5) Non-applicability of prohibition on pre-trial agreements for certain offenses with mandatory minimum sentences.— Section 860(c)(4)(C)(ii) of title 10, United States Code (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 955), is amended by inserting “pursuant to section 856(b) of this title (article 56(b))” after “applies”.

24. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(3)(A)(i) · 128 Stat. 3292

    Inserted · 10 U.S.C. § 860(d)(2)(A)(i)

    Pub. L. 113–291, § 531(a)(3)(A)(i), inserted “, if applicable” before semicolon

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(i). Pub. L. 113–291, § 531(a)(3)(A)(i), inserted “, if applicable” before semicolon.

    Enacted provision · exact public law section
    (i) in clause (i), by inserting “, if applicable” after “(article 54(e))”; and

25. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(3)(A)(ii) · 128 Stat. 3292

    Struck · 10 U.S.C. § 860(d)(2)(A)(ii)

    Pub. L. 113–291, § 531(a)(3)(A)(ii), struck out “if applicable,” before “the date”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(ii). Pub. L. 113–291, § 531(a)(3)(A)(ii), struck out “if applicable,” before “the date”.

    Enacted provision · exact public law section
    (ii) in clause (ii), by striking “if applicable,”; and

26. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 531(a)(3)(B) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 860(d)(5)

    Pub. L. 113–291, § 531(a)(3)(B), substituted “harm” for “loss”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 113–291, § 531(a)(3)(B), substituted “harm” for “loss”.

    Enacted provision · exact public law section
    (B) in paragraph (5), by striking “loss” and inserting “harm”.

27. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 div. E title LIX § 5321 · 130 Stat. 2000

    Amended · 10 U.S.C. § 860

    Pub. L. 114–328 amended section generally. Prior to amendment, section related to action by the convening authority

    Source evidence

    Code amendment note
    Pub. L. 114–328 amended section generally. Prior to amendment, section related to action by the convening authority.

    Enacted provision · exact public law section
    SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL COURTS-MARTIAL.   Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended to read as follows: “§ 860. Art 60. Post-trial processing in general and special courts-martial “(a) Statement of Trial Results.— (1) The military judge of a general or special court-martial shall enter into the record of trial a document entitled ‘Statement of Trial Results’, which shall set forth— “(A) each plea and finding; “(B) the sentence, if any; and “(C) such other information as the President may prescribe by regulation. “(2) Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense. “(b) Post-trial Motions.— In accordance with regulations prescribed by the President, the military judge in a general or special court-martial shall address all post-trial motions and other post-trial matters that— “(1) may affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any post-trial action by the convening authority; and “(2) are subject to resolution by the military judge before entry of judgment.” .

    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.

30 of 31 references resolved to an enrolled provision · 1 partial