Notes on 10 U.S.C. § 862 : US Code - Notes

Search Notes on 10 U.S.C. § 862 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec.
5(c)(1), Dec. 6, 1983, 97 Stat. 1398; Pub. L. 103-337, div. A,
title IX, Sec. 924(c)(2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104-
106, div. A, title XI, Sec. 1141(a), Feb. 10, 1996, 110 Stat.
466.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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862(a) 50:649(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 62), 64
Stat. 127.
862(b)
50:649(b).
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AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-106 amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "In a
trial by court-martial in which a military judge presides and in
which a punitive discharge may be adjudged, the United States may
appeal an order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification or which
excludes evidence that is substantial proof of a fact material in
the proceeding. However, the United States may not appeal an order
or ruling that is, or that amounts to, a finding of not guilty with
respect to the charge or specification."
1994 - Subsec. (b). Pub. L. 103-337 substituted "Court of
Criminal Appeals" for "Court of Military Review" in two places.
1983 - Pub. L. 98-209 amended section generally, substituting
"Appeal by the United States" for "Reconsideration and revision" as
section catchline, and, in text, substituting provisions relating
to appeals by the United States for provisions relating to the
convening authority returning the record to the court for
reconsideration and appropriate action.
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.