Notes on 10 U.S.C. § 857 : US Code - Notes

Search Notes on 10 U.S.C. § 857 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90-632, Sec. 2(24),
Oct. 24, 1968, 82 Stat. 1341; Pub. L. 98-209, Sec. 5(f), Dec. 6,
1983, 97 Stat. 1400; Pub. L. 102-484, div. A, title X, Sec. 1064,
Oct. 23, 1992, 106 Stat. 2505; Pub. L. 104-106, div. A, title XI,
Secs. 1121(a), 1123(a)(1), (2), Feb. 10, 1996, 110 Stat. 462-464.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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857(a) 50:638(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 57), 64
Stat. 126.
857(b)
50:638(b).
857(c) 50:638(c).
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In subsection (a), the word "may" is substituted for the word
"shall".
In subsection (b), the word "begins" is substituted for the words
"shall begin".
In subsection (c), the word "are" is substituted for the words
"shall become".
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-106, Sec. 1121(a), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "No forfeiture may extend to any pay or allowances accrued
before the date on which the sentence is approved by the person
acting under section 860(c) of this title (article 60(c))."
Subsecs. (d), (e). Pub. L. 104-106, Sec. 1123(a)(1), (2),
redesignated subsecs. (d) and (e) as section 857a(a) and (b),
respectively, of this title.
1992 - Subsec. (e). Pub. L. 102-484 added subsec. (e).
1983 - Subsec. (a). Pub. L. 98-209 substituted provision that no
forfeiture may extend to any pay or allowances accrued before the
date on which the sentence is approved by the person acting under
section 860(c) of this title, for provision that whenever a
sentence of a court-martial as lawfully adjudged and approved
included a forfeiture of pay or allowances in addition to
confinement not suspended or deferred, the forfeiture could apply
to pay or allowances becoming due on or after the date the sentence
was approved by the convening authority, and that no forfeiture
could extend to any pay or allowances accrued before that date.
1968 - Subsec. (a). Pub. L. 90-632 inserted reference to deferral
of sentence of confinement.
Subsec. (b). Pub. L. 90-632 inserted reference to deferral of
sentence of confinement.
Subsec. (d). Pub. L. 90-632 added subsec. (d).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1121(b) of Pub. L. 104-106 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to a
case in which a sentence is adjudged by a court-martial on or after
the first day of the first month that begins at least 30 days after
the date of the enactment of this Act [Feb. 10, 1996]."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and
applicable with respect to offenses committed on or after that
date, see section 1067 of Pub. L. 102-484, set out as a note under
section 803 of this title.
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
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.