10 U.S.C. § 853 (ARMED FORCES)
§ 853. Art. 53. Court to announce action
A court-martial shall announce its findings and sentence to the parties as soon as determined.
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 114–328, div. E, title LVII, § 5236, Dec. 23, 2016, 130 Stat. 2916; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(G), Dec. 12, 2017, 131 Stat. 1598.)
heading: Amendment of Section
text: Pub. L. 115–91, div. A, title X, § 1081(c)(1)(G), (4), Dec. 12, 2017, 131 Stat. 1598, 1599, provided that, effective immediately after the amendment made by section 5236 of Pub. L. 114–328, set out below, takes effect as provided for in section 5542 of that Act, subsection (b)(1)(B) of this section is amended by striking “in a trial”. See 2017 Amendment note below.
Pub. L. 114–328, div. E, title LVII, § 5236, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2916, 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 amended to read as follows:
§ 853. Art. 53. Findings and sentencing
(a) Announcement.—A court-martial shall announce its findings and sentence to the parties as soon as determined.
(b) Sentencing Generally.—
(1) General and special courts-martial.—
(A) Sentencing by military judge.—Except as provided in subparagraph (B), and in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused.
(B) Sentencing by members.—If the accused is convicted of an offense in a trial by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused.
(C) Sentence of the accused.—The sentence determined pursuant to this paragraph constitutes the sentence of the accused.
(2) Summary courts-martial.—If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.
(c) Sentencing for Capital Offenses.—
(1) In general.—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.
(2) Lesser authorized punishments.—In accordance with regulations prescribed by the President, the court-martial may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.
(3) Other non-capital offenses.—In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
See 2016 Amendment note below.
text: 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”.
heading: Amendments
text: 2017—Subsec. (b)(1)(B). Pub. L. 115–91 struck out “in a trial” after “convicted of an offense”.
2016—Pub. 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.”
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. 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 Pub. L. 115–91, set out as a note under section 801 of this title.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 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 a note under section 801 of this title.