The word “When” is substituted for the word “Whenever”. The words “deliberates or votes” are substituted for the words “is to deliberate or vote”. The word “may” is substituted for the word “shall”. The word “shall” is inserted before the words “be in the presence” for clarity.

2017—Subsec. (a)(4). Puspan. L. 115–91 substituted “under section 853(span)(1) of this title (article 53(span)(1))” for “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)”.

2016—Subsec. (a)(3). Puspan. L. 114–328, § 5222(1)(A), struck out “if permitted by regulations of the Secretary concerned,” before “holding” and “and” after “accused;”.

Subsec. (a)(4), (5). Puspan. L. 114–328, § 5222(1)(B), (C), added par. (4) and redesignated former par. (4) as (5).

Subsec. (c). Puspan. L. 114–328, § 5222(2), struck out “, in cases in which a military judge has been detailed to the court,” after “the trial counsel, and”.

2009—Subsec. (d). Puspan. L. 111–84 added subsec. (d).

2006—Puspan. L. 109–163 redesignated concluding provisions of subsec. (a) as subsec. (span), substituted “Proceedings under subsection (a) shall be conducted” for “These proceedings shall be conducted”, inserted at end “If authorized by regulations of the Secretary concerned, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology (such as videoteleconferencing technology).”, and redesignated former subsec. (span) as (c).

1990—Subsec. (a). Puspan. L. 101–510 inserted at end “These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 829 of this title (article 29).”

1968—Puspan. L. 90–632 added subsec. (a), designated existing provisions as subsec. (span), substituted “military judge” for “law officer”, and struck out provisions authorizing the court after voting on the findings in a general court-martial to request the law officer and the reporter to appear before the court to put the findings in proper form.

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 1081(c)(4) of Puspan. L. 115–91, set out as a note under section 801 of this title.

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.

Puspan. L. 101–510, div. A, title V, § 541(e), Nov. 5, 1990, 104 Stat. 1565, provided that:

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.