Notes on 10 U.S.C. § 839 : US Code - Notes
Search Notes on 10 U.S.C. § 839 : US Code - Notes
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90-632, Sec. 2(15),
Oct. 24, 1968, 82 Stat. 1338; Pub. L. 101-510, div. A, title V,
Sec. 541(a), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 109-163, div. A,
title V, Sec. 556, Jan. 6, 2006, 119 Stat. 3266.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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839 50:614. May 5, 1950, ch. 169,
Sec. 1 (Art. 39), 64
Stat. 121.
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The word "When" is substituted for the word "Whenever". The words
"deliberates or votes" are substituted for the words "is to
deliberate or vote". The word "may" is substituted for the word
"shall". The word "shall" is inserted before the words "be in the
presence" for clarity.
AMENDMENTS
2006 - Pub. L. 109-163 redesignated concluding provisions of
subsec. (a) as subsec. (b), substituted "Proceedings under
subsection (a) shall be conducted" for "These proceedings shall be
conducted", inserted at end "If authorized by regulations of the
Secretary concerned, and if at least one defense counsel is
physically in the presence of the accused, the presence required by
this subsection may otherwise be established by audiovisual
technology (such as videoteleconferencing technology).", and
redesignated former subsec. (b) as (c).
1990 - Subsec. (a). Pub. L. 101-510 inserted at end "These
proceedings may be conducted notwithstanding the number of members
of the court and without regard to section 829 of this title
(article 29)."
1968 - Pub. L. 90-632 added subsec. (a), designated existing
provisions as subsec. (b), substituted "military judge" for "law
officer", and struck out provisions authorizing the court after
voting on the findings in a general court-martial to request the
law officer and the reporter to appear before the court to put the
findings in proper form.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 541(e) of Pub. L. 101-510 provided that: "The amendments
made by subsections (a) through (d) [amending this section and
section 841 of this title] shall apply only to a court-martial
convened on or after the date of the enactment of this Act [Nov. 5,
1990]."
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.