10 U.S. Code § 866 - Art. 66. Courts of Criminal Appeals
Historical and Revision Notes |
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Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
866(a) 866(b) |
50:653(a). 50:653(b). |
May 5, 1950, ch. 169, § 1 (Art. 66), 64 Stat. 128. |
866(c) |
50:653(c). |
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866(d) |
50:653(d). |
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866(e) |
50:653(e). |
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866(f) |
50:653(f). |
In subsection (a), the word “Each” is substituted for the words “The * * * of each of the armed forces”. The word “must” is substituted for the word “shall” after the word “whom”, since a condition is prescribed, not a command. The words “of the United States” are omitted as surplusage.
In subsections (a) and (b), the word “commissioned” is inserted before the word “officer”.
In subsection (c), the word “may” is substituted for the word “shall” and for the words “shall have authority to”.
In subsection (e), the words “Secretary concerned” are substituted for the words “Secretary of the Department”.
In subsection (f), the words “of the armed forces” and “proceedings in and before” are omitted as surplusage.
2017—Subsec. (e)(2)(C). Pub. L. 115–91, § 531(j)(1), inserted “by regulation prescribed by the President or” after “required”.
Subsec. (f)(3). Pub. L. 115–91, §§ 531(j)(2)(A) and 1081(c)(1)(K), amended par. (3) identically, substituting “If the Court of Criminal Appeals” for “If the Court”.
Pub. L. 115–91, § 531(j)(2)(B), inserted at end “If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces.”
2016—Pub. L. 114–328, § 5330(d), substituted “Courts of Criminal Appeals” for “Review by Court of Criminal Appeals” in section catchline.
Subsec. (a). Pub. L. 114–328, § 5330(e)(1), inserted heading.
Pub. L. 114–328, § 5330(a), substituted “subsection (h)” for “subsection (f)”, inserted “and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge” after “highest court of a State”, and inserted at end “In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.”
Subsecs. (b) to (f). Pub. L. 114–328, § 5330(b)(2), added subsecs. (b) to (f) and struck out former subsecs. (b) to (d) which related to referral of records in certain cases to a Court of Criminal Appeals, criteria by which a Court of Criminal Appeals may act in a referred case, and possible outcomes if a Court of Criminal Appeals sets aside the findings and sentence. Former subsecs. (e) and (f) redesignated (g) and (h), respectively.
Subsec. (g). Pub. L. 114–328, § 5330(b)(1), (c), (e)(2), redesignated subsec. (e) as (g), inserted heading, substituted “appropriate authority” for “convening authority”, and struck out last sentence which read as follows: “If the Court of Criminal Appeals has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.”
Subsecs. (h) to (j). Pub. L. 114–328, § 5330(b)(1), (e)(3)–(5), redesignated subsecs. (f) to (h) as (h) to (j), respectively, and inserted headings.
1996—Subsec. (f). Pub. L. 104–106 substituted “Courts of Criminal Appeals” for “Courts of Military Review” in two places.
1994—Pub. L. 103–337, § 924(c)(4)(A), substituted “Court of Criminal Appeals” for “Court of Military Review” in section catchline.
Pub. L. 103–337, § 924(b)(2), substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing.
Pub. L. 103–337, § 924(c)(1), substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in subsec. (e).
1983—Subsec. (a). Pub. L. 98–209, § 7(b), inserted provision that any decision of a panel may be reconsidered by the court sitting as a whole in accordance with the rules.
Subsec. (b). Pub. L. 98–209, § 7(c), amended subsec. (b) generally, designating existing provisions as par. (1), struck out provision extending applicability of provisions to sentences affecting a general or flag officer, and added par. (2).
Subsec. (e). Pub. L. 98–209, § 10(c)(1), substituted “the Court of Military Appeals, or the Supreme Court” for “or the Court of Military Appeals”.
1968—Subsec. (a). Pub. L. 90–632, § 2(27)(A), (B), substituted “Court of Military Review” for “board of review” in section catchline and, in subsec. (a), substituted “Court of Military Review” for “board of review” as name of reviewing body established by each Judge Advocate General, and inserted provisions setting out procedures for such Courts of Military Review, their composition and functions.
Subsecs. (b) to (e). Pub. L. 90–632, § 2(27)(C), substituted “Court of Military Review” for “board of review” wherever appearing.
Subsec. (f). Pub. L. 90–632, § 2(27)(D), substituted “Courts of Military Review” for “boards of review” in two places.
Subsecs. (g), (h). Pub. L. 90–632, § 2(27)(E), added subsecs. (g) and (h).
Pub. L. 103–337, div. A, title IX, § 924(b)(1), Oct. 5, 1994, 108 Stat. 2831, provided that:
Amendment by section 531(j) of 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 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.
Amendment by section 1081(c)(1)(K) of 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.
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but amendments by section 7(b), (c) of Pub. L. 98–209 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.
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.
Pub. L. 90–632, § 3(b), Oct. 24, 1968, 82 Stat. 1343, provided that: