Notes on 10 U.S.C. § 860 : US Code - Notes

Search Notes on 10 U.S.C. § 860 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 98-209, Sec.
5(a)(1), Dec. 6, 1983, 97 Stat. 1395; Pub. L. 99-661, div. A, title
VIII, Sec. 806(a)-(c), Nov. 14, 1986, 100 Stat. 3908, 3909; Pub. L.
104-106, div. A, title XI, Sec. 1132, Feb. 10, 1996, 110 Stat.
464.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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860 50:647. May 5, 1950, ch. 169,
Sec. 1 (Art. 60), 64
Stat. 127.
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The word "a" is substituted for the word "every". The word "by"
before the words "any officer" is omitted as surplusage. The word
"person" is substituted for the word "officer" before the words
"who convened", since, under sections 823 and 824 of this title
(articles 23 and 24), noncommissioned officers who are "officers in
charge" may convene special and summary courts-martial.
AMENDMENTS
1996 - Subsec. (b)(1). Pub. L. 104-106 inserted after first
sentence "Any such submission shall be in writing."
1986 - Subsec. (b)(1). Pub. L. 99-661, Sec. 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."
Subsec. (b)(2). Pub. L. 99-661, Sec. 806(a)(2), (3), added par.
(2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 99-661, Sec. 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."
Subsec. (c)(2). Pub. L. 99-661, Sec. 806(b), struck out "and, if
applicable, under subsection (d)," after "under subsection (b)".
Subsec. (d). Pub. L. 99-661, Sec. 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."
1983 - 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.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 806(c) [(d)] of title VIII of Pub. L. 99-661 provided
that: "The amendments made by this section [amending this section]
shall apply in cases in which the sentence is adjudged on or after
the effective date of this title."
Title VIII of Pub. L. 99-661 effective the earlier of (1) the
last day of the 120-day period beginning on Nov. 14, 1986; or (2)
the date specified in an Executive order for such amendment to take
effect, see section 808 of Pub. L. 99-661, set out as a note under
section 802 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, but not to apply to
any case in which the findings and sentence were adjudged by a
court-martial before that date, and the proceedings in any such
case to be held in the same manner and with the same effect as if
such amendments had not been enacted, see section 12(a)(1), (4) of
Pub. L. 98-209, set out as a note under section 801 of this title.