Notes on 10 U.S.C. § 816 : US Code - Notes

Search Notes on 10 U.S.C. § 816 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90-632, Sec. 2(3),
Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98-209, Sec. 3(a), Dec. 6,
1983, 97 Stat. 1394; Pub. L. 107-107, div. A, title V, Sec. 582(a),
Dec. 28, 2001, 115 Stat. 1124.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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816 50:576. May 5, 1950, ch. 169,
Sec. 1 (Art. 16), 64
Stat. 113.
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The word "The" is substituted for the words "There shall be". The
word "are" is substituted for the word "namely". The words "not
less than five members" are substituted for the words "any number
of members not less than five". The words "not less than three
members" are substituted for the words "any number of members not
less than three". The word "commissioned" is inserted before the
word "officer" in clause (3) for clarity.
AMENDMENTS
2001 - Par. (1)(A). Pub. L. 107-107 inserted "or, in a case in
which the accused may be sentenced to a penalty of death, the
number of members determined under section 825a of this title
(article 25a)" after "five members".
1983 - Par. (1)(B). Pub. L. 98-209 substituted "orally on the
record or in writing" for "in writing".
1968 - Pub. L. 90-632 provided that a general or special court-
martial shall consist of only a military judge if the accused,
before the court is assembled, so requests in writing and the
military judge approves, with the added requirements that the
accused know the identity of the military judge and have the advice
of counsel, and that the election be available in the case of a
special court-martial only if a military judge has been detailed to
the court.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-107, div. A, title V, Sec. 582(d), Dec. 28, 2001, 115
Stat. 1125, provided that: "The amendments made by this section
[enacting section 825a of this title and amending this section and
section 829 of this title] shall apply with respect to offenses
committed after December 31, 2002."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, see section 12(a)(1)
of Pub. L. 98-209, set out as a note under section 801 of this
title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective first day of tenth month
following October 1968, see section 4 of Pub. L. 90-632, set out as
a note under section 801 of this title.