Notes on 10 U.S.C. § 825 : US Code - Notes

Search Notes on 10 U.S.C. § 825 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90-632, Sec. 2(7),
Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98-209, Secs. 3(b), 13(c),
Dec. 6, 1983, 97 Stat. 1394, 1408; Pub. L. 99-661, div. A, title
VIII, Sec. 803(a), Nov. 14, 1986, 100 Stat. 3906.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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825(a) 50:589(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 25), 64
Stat. 116.
825(b)
50:589(b).
825(c) 50:589(c).
825(d) 50:589(d).
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In subsection (a), the word "commissioned" is inserted before the
word "officer" for clarity. The word "is" is substituted for the
words "shall be".
In subsections (a), (b), and (c)(1), the words "with the armed
forces" are omitted as surplusage.
In subsection (b), the word "is" is substituted for the words
"shall be". The words "a commissioned" are substituted for the word
"an" for clarity.
In subsection (c), the words "member" and "members", respectively
are substituted for the words "person" and "persons". The words "of
an armed force" are inserted for clarity.
In subsection (c)(1), the word "is" is substituted for the words
"shall be". The word "before" is substituted for the words "prior
to". The words "the accused may not" are substituted for the words
"no enlisted person shall", for clarity. The word "If" is
substituted for the word "Where".
In subsection (c)(2), the word "means" is substituted for the
words "shall mean". The words "Secretary concerned" are substituted
for the words "Secretary of the Department". The word "may" is
substituted for the word "shall". The word "than", before the words
"a body", is omitted as surplusage.
In subsection (d)(1), the word "may" is substituted for the word
"shall". The word "member" is substituted for the word "person".
In subsection (d)(2), the word "is" is substituted for the words
"shall be". The word "detail" is substituted for the word
"appoint", since the filling of the position involved is not
appointment to an office in the constitutional sense. The words
"member of an armed force" and "members of the armed forces",
respectively, are substituted for the words "person" and "persons".
AMENDMENTS
1986 - Subsec. (c)(1). Pub. L. 99-661 substituted "has requested
orally on the record or in writing" for "has requested in writing".
1983 - Subsec. (c)(2). Pub. L. 98-209, Sec. 13(c), struck out
"the word" before " 'unit' ".
Subsec. (e). Pub. L. 98-209, Sec. 3(b), added subsec. (e).
1968 - Subsec. (c)(1). Pub. L. 90-632 inserted requirement that
an accused's request for inclusion of enlisted members on his court-
martial be made before conclusion of a pre-trial session called by
the military judge under section 839(a) or before the court is
assembled for his trial and substituted "assembled" for "convened"
to describe the calling together of the court for the trial in
provision allowing such calling together without requested enlisted
members if such members cannot be obtained.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 803(b) of title VIII of Pub. L. 99-661 provided that:
"The amendment made by subsection (a) [amending this section] shall
apply only to a case in which arraignment is completed 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 section 13(c) of Pub. L. 98-209 effective Dec. 6,
1983, and amendment by section 3(b) of 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.