10 U.S. Code § 853 - Art. 53. Findings and sentencing
Historical and Revision Notes |
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Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
853 |
50:628. |
May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125. |
The word “A” is substituted for the word “Every”.
2021—Subsec. (b)(1). Pub. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members.
Subsec. (c)(1). Pub. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.”
Subsec. (c)(2). Pub. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”.
2017—Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”.
2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”
Pub. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that:
Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.