10 USC 818 - Art. 18. Jurisdiction of general courts-martial

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
818	50:578.	May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114.

The word “shall” is omitted as surplusage wherever it occurs.

Editorial Notes

Amendments

2016—Subsec. (span). Puspan. L. 114–328, § 5162(1), substituted “section 816(span)(3) of this title (article 16(span)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”.

Subsec. (c). Puspan. L. 114–328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “Consistent with sections 819, 820, and 856(span) of this title (articles 19, 20, and 56(span)), only general courts-martial have jurisdiction over an offense specified in section 856(span)(2) of this title (article 56(span)(2)).”

2013—Puspan. L. 113–66 designated the first two sentences as subsec. (a), designated third sentence as subsec. (span) and substituted “A general court-martial” for “However, a general court-martial”, and added subsec. (c).

1968—Puspan. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Puspan. 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 Puspan. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 2013 Amendment

Puspan. L. 113–66, div. A, title XVII, § 1705(c), Dec. 26, 2013, 127 Stat. 960, provided that:

“The amendments made by this section [amending this section and section 856 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section 856(span)(2) of title 10, United States Code (article 56(span)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed on or after that date.”

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Puspan. L. 90–632, set out as a note under section 801 of this title.