Notes on 10 U.S.C. § 863 : US Code - Notes

Search Notes on 10 U.S.C. § 863 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec. 5(d),
Dec. 6, 1983, 97 Stat. 1398; Pub. L. 102-484, div. A, title X, Sec.
1065, Oct. 23, 1992, 106 Stat. 2506.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
863(a) 50:650(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 63), 64
Stat. 127.
863(b)
50:650(b).
--------------------------------------------------------------------
In subsection (a), the words "In such a" are substituted for the
words "in which".
In subsection (b), the word "Each" is substituted for the word
"Every". The word "may" is substituted for the word "shall" in the
second sentence.
AMENDMENTS
1992 - Pub. L. 102-484 substituted "approved" for "imposed" in
second sentence and inserted "approved" before last reference to
"sentence" in third sentence.
1983 - 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.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and
applicable with respect to offenses committed on or after that
date, see section 1067 of Pub. L. 102-484, set out as a note under
section 803 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.