Notes on 10 U.S.C. § 871 : US Code - Notes

Search Notes on 10 U.S.C. § 871 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 62; Pub. L. 90-632, Sec. 2(32),
Oct. 24, 1968, 82 Stat. 1342; Pub. L. 98-209, Sec. 5(e), Dec. 6,
1983, 97 Stat. 1399; Pub. L. 103-337, div. A, title IX, Sec.
924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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871(a) 50:658(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 71), 64
Stat. 131.
871(b)
50:658(b).
871(c) 50:658(c).
871(d) 50:658(d).
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In subsection (a), the word "may" is substituted for the word
"shall".
In subsection (b), the word "commissioned" is inserted for
clarity. The word "may" is substituted for the word "shall" in the
first sentence. The words "Secretary concerned" are substituted for
the words "Secretary of the Department". The words "who is" are
omitted as surplusage.
In subsection (c), the word "may" is substituted for the word
"shall".
AMENDMENTS
1994 - Subsec. (c)(1). Pub. L. 103-337 substituted "Court of
Criminal Appeals" for "Court of Military Review" and "Court of
Appeals for the Armed Forces" for "Court of Military Appeals"
wherever appearing.
1983 - Subsec. (a). Pub. L. 98-209, Sec. 5(e)(1), amended subsec.
(a) generally, substituting provision that part of the court-
martial sentence extending to death may not be executed without
Presidential approval, and granting the President authority to
commute, remit, or suspend the sentence, except that a death
sentence may not be suspended, for provision that no sentence
extending to death or involving a general or flag officer could be
executed without Presidential approval, and authorizing the
President to approve the sentence or any part, amount, or commuted
form thereof, and suspend the execution of the sentence or any part
thereof, except a death sentence.
Subsec. (b). Pub. L. 98-209, Sec. 5(e)(2), substituted provision
that where a court-martial sentence extends to dismissal of a
commissioned officer, cadet, or midshipman, the dismissal may not
be executed without approval by the Secretary concerned, or Under
Secretary or Assistant Secretary designated by him, and authorizing
such official to commute, remit, or suspend the sentence, or any
part thereof, for provision that no dismissal of a commissioned
officer (other than a general or flag officer), cadet or midshipman
may be executed without such approval, and that such official could
approve the sentence or such part, amount, or commuted form the
sentence as he saw fit, and could suspend the execution of any part
of the sentence.
Subsec. (c). Pub. L. 98-209, Sec. 5(e)(3), amended subsec. (c)
generally. Prior to amendment subsec. (c) read as follows: "No
sentence which includes, unsuspended, a dishonorable or bad-conduct
discharge, or confinement for one year or more, may be executed
until affirmed by a Court of Military Review and, in cases reviewed
by it, the Court of Military Appeals."
Subsec. (d). Pub. L. 98-209, Sec. 5(e)(3), amended subsec. (d)
generally. Prior to amendment subsec. (d) read as follows: "All
other court-martial sentences, unless suspended or deferred, may be
ordered executed by the convening authority when approved by him.
The convening authority may suspend the execution of any sentence,
except a death sentence."
1968 - Subsec. (c). Pub. L. 90-632, Sec. 2(32)(A), substituted
"Court of Military Review" for "board of review".
Subsec. (d). Pub. L. 90-632, Sec. 2(32)(B), inserted reference to
deferred court-martial sentences.
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.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendments 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.