Notes on 10 U.S.C. § 843 : US Code - Notes

Search Notes on 10 U.S.C. § 843 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 99-661, div. A,
title VIII, Sec. 805(a), (b), Nov. 14, 1986, 100 Stat. 3908; Pub.
L. 108-136, div. A, title V, Sec. 551, Nov. 24, 2003, 117 Stat.
1481; Pub. L. 109-163, div. A, title V, Secs. 552(e), 553, Jan. 6,
2006, 119 Stat. 3263, 3264; Pub. L. 109-364, div. A, title X, Sec.
1071(a)(4), Oct. 17, 2006, 120 Stat. 2398.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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843(a) 50:618(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 43), 64
Stat. 121.
843(b)
50:618(b).
843(c) 50:618(c).
843(d) 50:618(d).
843(e) 50:618(e).
843(f) 50:618(f).
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In subsection (b), the word "inclusive" is omitted as surplusage.
In subsections (b) and (c), the words "is not" are substituted
for the words "shall not be".
In subsection (e), the words "For an" are substituted for the
words "In the case of any". The word "is" is substituted for the
words "shall be". The words "Secretary concerned" are substituted
for the words "Secretary of the Department".
In subsection (f), the word "is" is substituted for the words
"shall be".
AMENDMENT OF SUBSECTION (A)
Pub. L. 109-163, div. A, title V, Sec. 552(e), (f), Jan. 6, 2006,
119 Stat. 3263, provided that, effective Oct. 1, 2007, subsection
(a) of this section is amended by striking "or rape," and inserting
", rape, or rape of a child,".
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-163, Sec. 553(a), substituted
"with murder or rape, or with any other offense punishable by
death" for "or with any offense punishable by death".
Subsec. (b)(2)(A). Pub. L. 109-163, Sec. 553(b)(1), substituted
"during the life of the child or within five years after the date
on which the offense was committed, whichever provides a longer
period," for "before the child attains the age of 25 years".
Subsec. (b)(2)(B). Pub. L. 109-163, Sec. 553(b)(2)(A), struck out
"sexual or physical" before "abuse of a person" in introductory
provisions.
Subsec. (b)(2)(B)(i). Pub. L. 109-163, Sec. 553(b)(2)(B),
substituted "Any offense" for "Rape or carnal knowledge".
Subsec. (b)(2)(B)(iii). Pub. L. 109-364, Sec. 1071(a)(4)(A),
substituted "125" for "126".
Subsec. (b)(2)(B)(v). Pub. L. 109-163, Sec. 553(b)(2)(C),
substituted "Kidnaping; indecent assault;" for "Indecent assault,".
Subsec. (b)(2)(C). Pub. L. 109-364, Sec. 1071(a)(4)(B),
substituted "under chapter 110 or 117 of title 18 or under section
1591 of that title" for "under chapter 110 or 117, or under section
1591, of title 18".
Pub. L. 109-163, Sec. 553(b)(3), added subpar. (C).
2003 - Subsec. (b)(2), (3). Pub. L. 108-136 added par. (2) and
redesignated former par. (2) as (3).
1986 - Subsecs. (a) to (c). Pub. L. 99-661, Sec. 805(a), amended
subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to
(c) read as follows:
"(a) A person charged with desertion or absence without leave in
time of war, or with aiding the enemy, mutiny, or murder, may be
tried and punished at any time without limitation.
"(b) Except as otherwise provided in this article, a person
charged with desertion in time of peace or any of the offenses
punishable under sections 919-932 of this title (articles 119-132)
is not liable to be tried by court-martial if the offense was
committed more than three years before the receipt of sworn charges
and specifications by an officer exercising summary court-martial
jurisdiction over the command.
"(c) Except as otherwise provided in this article, a person
charged with any offense is not liable to be tried by court-martial
or punished under section 815 of this title (article 15) if the
offense was committed more than two years before the receipt of
sworn charges and specifications by an officer exercising summary
court-martial jurisdiction over the command or before the
imposition of punishment under section 815 of this title (article
15)."
Subsec. (g). Pub. L. 99-661, Sec. 805(b), added subsec. (g).
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-163, div. A, title V, Sec. 552(f), Jan. 6, 2006, 119
Stat. 3263, provided that: "The amendments made by this section
[amending this section and sections 918 and 920 of this title and
enacting provisions set out as notes under section 920 of this
title] shall take effect on October 1, 2007."
EFFECTIVE DATE OF 1986 AMENDMENT
Section 805(c) of Pub. L. 99-661 provided that: "The amendments
made by this section [amending this section] shall apply to an
offense committed on or after the date of the enactment of this Act
[Nov. 14, 1986]."
(!1) So in original. The semicolon probably should be a comma.