Repeal of Section
Pub. L. 114–328, div. E, title LVIII, § 5302(b)(2), title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2923, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is repealed.
| Historical and Revision Notes |
| Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 871(a) 871(b) |
50:658(a). 50:658(b). |
May 5, 1950, ch. 169, § 1 (Art. 71), 64 Stat. 131. |
| 871(c) |
50:658(c). |
|
| 871(d) |
50:658(d). |
|
In subsection (a), the word “may” is substituted for the word “shall”.
In subsection (b), the word “commissioned” is inserted for clarity. The word “may” is substituted for the word “shall” in the first sentence. The words “Secretary concerned” are substituted for the words “Secretary of the Department”. The words “who is” are omitted as surplusage.
In subsection (c), the word “may” is substituted for the word “shall”.
Amendments
2013—Subsec. (d). Pub. L. 113–66 inserted at end “Paragraphs (2) and (4) of subsection (c) of section 860 of this title (article 60) shall apply to any decision by the convening authority or another person authorized to act under this section to suspend the execution of any sentence or part thereof under this subsection.”
1994—Subsec. (c)(1). Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” and “Court of Appeals for the Armed Forces” for “Court of Military Appeals” wherever appearing.
1983—Subsec. (a). Pub. L. 98–209, § 5(e)(1), amended subsec. (a) generally, substituting provision that part of the court-martial sentence extending to death may not be executed without Presidential approval, and granting the President authority to commute, remit, or suspend the sentence, except that a death sentence may not be suspended, for provision that no sentence extending to death or involving a general or flag officer could be executed without Presidential approval, and authorizing the President to approve the sentence or any part, amount, or commuted form thereof, and suspend the execution of the sentence or any part thereof, except a death sentence.
Subsec. (b). Pub. L. 98–209, § 5(e)(2), substituted provision that where a court-martial sentence extends to dismissal of a commissioned officer, cadet, or midshipman, the dismissal may not be executed without approval by the Secretary concerned, or Under Secretary or Assistant Secretary designated by him, and authorizing such official to commute, remit, or suspend the sentence, or any part thereof, for provision that no dismissal of a commissioned officer (other than a general or flag officer), cadet or midshipman may be executed without such approval, and that such official could approve the sentence or such part, amount, or commuted form the sentence as he saw fit, and could suspend the execution of any part of the sentence.
Subsec. (c). Pub. L. 98–209, § 5(e)(3), amended subsec. (c) generally. Prior to amendment subsec. (c) read as follows: “No sentence which includes, unsuspended, a dishonorable or bad-conduct discharge, or confinement for one year or more, may be executed until affirmed by a Court of Military Review and, in cases reviewed by it, the Court of Military Appeals.”
Subsec. (d). Pub. L. 98–209, § 5(e)(3), amended subsec. (d) generally. Prior to amendment subsec. (d) read as follows: “All other court-martial sentences, unless suspended or deferred, may be ordered executed by the convening authority when approved by him. The convening authority may suspend the execution of any sentence, except a death sentence.”
1968—Subsec. (c). Pub. L. 90–632, § 2(32)(A), substituted “Court of Military Review” for “board of review”.
Subsec. (d). Pub. L. 90–632, § 2(32)(B), inserted reference to deferred court-martial sentences.
Effective Date of Repeal
Repeal effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as an Effective Date of 2016 Amendment note under section 801 of this title.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–66 effective 180 days after Dec. 26, 2013, and applicable with respect to offenses committed under this chapter on or after that effective date, with provision with respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date and a conviction for an offense committed on or after that effective date, see section 1702(d)(2) of Pub. L. 113–66, set out as a note under section 860 of this title.
Effective Date of 1983 Amendment
Amendment by Pub. 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 Pub. L. 98–209, set out as a note under section 801 of this title.
Effective Date of 1968 Amendment
Amendments by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.