1. U.S. Code
  2. title 10
  3. subtitle A
  4. part II
  5. chapter 47
  6. subchapter VII
  7. § 853
  8. notes

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

853

50:628.

May 5, 1950, ch. 169, § 1 (Art. 53), 64 Stat. 125.

The word “A” is substituted for the word “Every”.

Editorial Notes
Amendments

2021—Subsec. (span)(1). Puspan. L. 117–81, § 539E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) provided that, except for capital offenses, accused who is convicted in trial by general or special court-martial shall be sentenced by military judge or, if court-martial consisted of military judge and members, accused may elect sentencing by members.

Subsec. (c)(1). Puspan. L. 117–81, § 539E(a)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.”

Subsec. (c)(2). Puspan. L. 117–81, § 539E(a)(2)(B), substituted “the military judge” for “the court-martial”.

2017—Subsec. (span)(1)(B). Puspan. L. 115–91 struck out “in a trial” after “convicted of an offense”.

2016—Puspan. L. 114–328 amended section generally. Prior to amendment, text read as follows: “A court-martial shall announce its findings and sentence to the parties as soon as determined.”

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Puspan. L. 117–81, div. A, title V, § 539E(f), Dec. 27, 2021, 135 Stat. 1706, provided that:

“The amendments made by this section [amending this section and sections 853a, 856, and 866 of this title and repealing provisions set out as a note under section 856 of this title] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 27, 2021] and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.”

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 1081(c)(4) 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.

CITE AS: 10 USC 853