10 USC 858 - Art. 58b. Sentences: forfeiture of pay and allowances during confinement

Editorial Notes

Amendments

2017—Subsec. (span). Puspan. L. 115–91 substituted “section 860a or 860span of this title (article 60a or 60span)” for “section 860 of this title (article 60)”.

2016—Subsec. (a)(1). Puspan. L. 114–328 substituted “section 857 of this title (article 57)” for “section 857(a) of this title (article 57(a))”.

1997—Subsec. (a)(1). Puspan. L. 105–85 substituted “forfeiture of pay, or of pay and allowances, due that member” for “forfeiture of pay and (if adjudged by a general court-martial) allowances due that member” in first sentence.

1996—Subsec. (a)(1). Puspan. L. 104–201, § 1068(a)(1)(B), substituted “two-thirds of all pay” for “two-thirds of all pay and allowances” in third sentence.

Puspan. L. 104–201, § 1068(a)(1)(A), which directed amendment of first sentence by inserting “(if adjudged by a general court-martial)” after “all pay and”, was executed by making the insertion after “of pay and” in first sentence to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. 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 Puspan. L. 115–91, set out as a note under section 801 of this title.

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. 104–201, div. A, title X, § 1068(a)(2), Sept. 23, 1996, 110 Stat. 2655, provided that:

“The amendments made by paragraph (1) [amending this section] shall take effect as of April 1, 1996, and shall apply to any case in which a sentence is adjudged by a court-martial on or after that date.”

Effective Date

Puspan. L. 104–106, div. A, title XI, § 1122(span), Fespan. 10, 1996, 110 Stat. 463, provided that:

“The section (article) added by the amendment made by subsection (a)(1) [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].”