§ 863. Art. 63. Rehearings

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. 58 · 70A Stat. 58

   Enacted · 10 U.S.C. § 863

   Aug. 10, 1956, ch. 1041, 70A Stat. 58

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 58

2. 1983

   Military Justice Act of 1983

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

   1. Struck · 10 U.S.C. § 863

      Pub. L. 98–209 struck out subsec. (a) which provided that if the convening authority disapproved the findings and sentence of a court-martial he could, except where there was lack of sufficient evidence in the record to support the findings, order a rehearing, stating the reasons for disapproval, and that if he disapproved the findings without reordering a rehearing, he had to dismiss the charges

   2. Redesignated · 10 U.S.C. § 863

      Pub. L. 98–209 redesignated former subsec. (b) as entire section, and, as so redesignated

   3. Inserted · 10 U.S.C. § 863

      Pub. L. 98–209 inserted “under this chapter” after “Each rehearing”

   4. Inserted · 10 U.S.C. § 863

      Pub. L. 98–209 inserted provision that if the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial

   Source evidence

   Code amendment note
   Pub. L. 98–209 struck out subsec. (a) which provided that if the convening authority disapproved the findings and sentence of a court-martial he could, except where there was lack of sufficient evidence in the record to support the findings, order a rehearing, stating the reasons for disapproval, and that if he disapproved the findings without reordering a rehearing, he had to dismiss the charges, and redesignated former subsec. (b) as entire section, and, as so redesignated, inserted “under this chapter” after “Each rehearing”, and inserted provision that if the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

   Enacted provision · exact public law section
   (d) 10 USC 863. Section 863 (article 63) is amended— (1) by striking out subsection (a); and (2) in subsection (b)— (A) by striking out “(b)”; (B) by inserting “under this chapter” after “Each rehearing”; and (C) by inserting at the end thereof the following: “If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.”.

3. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title X § 1065 · 106 Stat. 2315

   1. Substituted · 10 U.S.C. § 863

      Pub. L. 102–484 substituted “approved” for “imposed” in second sentence

   2. Inserted · 10 U.S.C. § 863

      Pub. L. 102–484 inserted “approved” before last reference to “sentence” in third sentence

   Source evidence

   Code amendment note
   Pub. L. 102–484 substituted “approved” for “imposed” in second sentence and inserted “approved” before last reference to “sentence” in third sentence.

   Enacted provision · exact public law section
   SEC. 1065. SENTENCING AT REHEARINGS. Section 863 (article 63) of title 10, United States Code, is amended— (1) by striking out “imposed” in the second sentence and inserting in lieu thereof “approved”; and (2) by inserting “approved” in the third sentence after “the pretrial agreement, the”.

4. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LIX § 5327 · 130 Stat. 2000

   1. Amended · 10 U.S.C. § 863

      Pub. L. 114–328 designated existing provisions as subsec. (a)

   2. Substituted · 10 U.S.C. § 863

      Pub. L. 114–328 substituted “may be adjudged” for “may be approved” in second sentence

   3. Struck · 10 U.S.C. § 863

      Pub. L. 114–328 struck out at end “If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.”

   4. Added · 10 U.S.C. § 863

      Pub. L. 114–328 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 114–328 designated existing provisions as subsec. (a), substituted “may be adjudged” for “may be approved” in second sentence, struck out at end “If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.”, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   SEC. 5327. REHEARINGS.   Section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a)” before “Each rehearing”; (2) in the second sentence, by striking “may be approved” and inserting “may be adjudged”; (3) by striking the third sentence; and (4) by adding at the end the following new subsections: “(b) If the sentence adjudged by the first court-martial was in accordance with a plea agreement under section 853a of this title (article 53a) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial. “(c) If, after appeal by the Government under section 856(d) of this title (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the President may prescribe by regulation.” .

   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.

5. 2017

   National Defense Authorization Act for Fiscal Year 2018

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

   Inserted · 10 U.S.C. § 863(b)

   Pub. L. 115–91 inserted “, subject to such limitations as the President may prescribe by regulation” before period at end

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–91 inserted “, subject to such limitations as the President may prescribe by regulation” before period at end.

   Enacted provision · exact public law section
   (i) Rehearing and Sentencing.— Subsection (b) of section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), as added by section 5327 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2929), is amended by inserting before the period at the end the following: “, subject to such limitations as the President may prescribe by regulation”.

   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.

11 of 12 references resolved to an enrolled provision · 1 partial