10 USC 857 - Art. 57. Effective date of sentences

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
857(a) 857(span)	50:638(a). 50:638(span).	May 5, 1950, ch. 169, § 1 (Art. 57), 64 Stat. 126.
857(c)	50:638(c).

Historical and Revision Notes

857(a)

857(span)

50:638(a).

50:638(span).

May 5, 1950, ch. 169, § 1 (Art. 57), 64 Stat. 126.

857(c)

50:638(c).

In subsection (a), the word “may” is substituted for the word “shall”.

In subsection (span), the word “begins” is substituted for the words “shall begin”.

In subsection (c), the word “are” is substituted for the words “shall become”.

Editorial Notes

Amendments

2016—Puspan. L. 114–328 amended section generally. Prior to amendment, section related to effective date of sentences.

1996—Subsec. (a). Puspan. L. 104–106, § 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). Puspan. L. 104–106, § 1123(a)(1), (2), redesignated subsecs. (d) and (e) as section 857a(a) and (span), respectively, of this title.

1992—Subsec. (e). Puspan. L. 102–484 added subsec. (e).

1983—Subsec. (a). Puspan. 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). Puspan. L. 90–632 inserted reference to deferral of sentence of confinement.

Subsec. (span). Puspan. L. 90–632 inserted reference to deferral of sentence of confinement.

Subsec. (d). Puspan. L. 90–632 added subsec. (d).

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 1996 Amendment

Puspan. L. 104–106, div. A, title XI, § 1121(span), Fespan. 10, 1996, 110 Stat. 462, 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 [Fespan. 10, 1996].”

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Puspan. L. 102–484, set out as a note under section 803 of this title.

Effective Date of 1983 Amendment

Amendment by Puspan. 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 Puspan. L. 98–209, set out as a note under section 801 of this title.

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.