Notes on 10 U.S.C. § 838 : US Code - Notes

Search Notes on 10 U.S.C. § 838 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90-632, Sec. 2(14),
Oct. 24, 1968, 82 Stat. 1338; Pub. L. 97-81, Sec. 4(b), Nov. 20,
1981, 95 Stat. 1088; Pub. L. 98-209, Sec. 3(e), Dec. 6, 1983, 97
Stat. 1394; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1),
Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, title X, Sec.
1067(1), Oct. 5, 1999, 113 Stat. 774.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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838(a) 50:613(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 38), 64
Stat. 120.
838(b)
838(c)
50:613(b).
50:613(c).
838(d) 50:613(d).
838(e) 50:613(e).
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In subsection (b), the word "has" is substituted for the words
"shall have". The word "under" is substituted for the words
"pursuant to". The word "duly" is omitted as surplusage. The words
"detailed" and "who were detailed" are substituted for the word
"appointed", since the filling of the position involved is not
appointment to an office in the constitutional sense.
In subsection (c), the word "considers" is substituted for the
words "may deem".
AMENDMENTS
1999 - Subsec. (b)(7). Pub. L. 106-65 substituted "and the
Committee on Armed Services" for "and the Committee on National
Security".
1996 - Subsec. (b)(7). Pub. L. 104-106 substituted "Committee on
Armed Services of the Senate and the Committee on National Security
of the House of Representatives" for "Committees on Armed Services
of the Senate and House of Representatives".
1983 - Subsec. (b)(6). Pub. L. 98-209, Sec. 3(e)(1), substituted
"the person authorized under regulations prescribed under section
827 of this title (article 27) to detail counsel" for "a convening
authority".
Subsec. (b)(7). Pub. L. 98-209, Sec. 3(e)(2), inserted provision
that such regulations may not prescribe any limitation based on the
reasonable availability of counsel solely on the grounds that the
counsel selected by the accused is from an armed force other than
the armed force of which the accused is a member.
Subsec. (c). Pub. L. 98-209, Sec. 3(e)(3), designated existing
provisions as par. (1), made minor changes in phraseology and
punctuation, and added pars. (2) and (3).
1981 - Subsec. (b). Pub. L. 97-81 revised subsec. (b) by dividing
its provisions into seven numbered paragraphs and inserted
provisions relating to the right to counsel at an investigation
under section 832 of this title (article 32), authorizing the
promulgation of regulations relating to the "reasonable
availability" of military counsel, and authorizing the detailing of
additional military counsel for the accused under specified
circumstances.
1968 - Subsec. (b). Pub. L. 90-632 substituted "military judge or
by the president of a court-martial without a military judge" for
"president of the court".
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month after Dec. 6, 1983, but not to affect the
designation or detail of a military judge or military counsel to a
court-martial before that date, see section 12(a)(1), (2) of Pub.
L. 98-209, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-81 to take effect at end of 60-day period
beginning on Nov. 20, 1981, and to apply to trials by courts-
martial in which all charges are referred to trial on or after
that date, see section 7(a) and (b)(4) of Pub. L. 97-81, set out as
an Effective Date note under section 706 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective on 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.