10 U.S.C. § 860 (ARMED FORCES)
§ 860. Art. 60. Post-trial processing in general and special courts-martial
(a) Statement of Trial Results.—
(1) The military judge of a general or special court-martial shall enter into the record of trial a document entitled “Statement of Trial Results”, which shall set forth—
(A) each plea and finding;
(B) the sentence, if any; and
(C) such other information as the President may prescribe by regulation.
(2) Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense.
(b) Post-trial Motions.—
In accordance with regulations prescribed by the President, the military judge in a general or special court-martial shall address all post-trial motions and other post-trial matters that—
(1) may affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any post-trial action by the convening authority; and
(2) are subject to resolution by the military judge before entry of judgment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 98–209, § 5(a)(1), Dec. 6, 1983, 97 Stat. 1395; Pub. L. 99–661, div. A, title VIII, § 806(a)–(c), Nov. 14, 1986, 100 Stat. 3908, 3909; Pub. L. 104–106, div. A, title XI, § 1132, Feb. 10, 1996, 110 Stat. 464; Pub. L. 113–66, div. A, title XVII, §§ 1702(b), (c)(1), 1706, Dec. 26, 2013, 127 Stat. 955–957, 960; Pub. L. 113–291, div. A, title V, § 531(a)(1)–(3), (5), Dec. 19, 2014, 128 Stat. 3362, 3363; Pub. L. 114–328, div. E, title LIX, § 5321, Dec. 23, 2016, 130 Stat. 2924.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
860
50:647.
May 5, 1950, ch. 169, § 1 (Art. 60), 64 Stat. 127.
The word “a” is substituted for the word “every”. The word “by” before the words “any officer” is omitted as surplusage. The word “person” is substituted for the word “officer” before the words “who convened”, since, under sections 823 and 824 of this title (articles 23 and 24), noncommissioned officers who are “officers in charge” may convene special and summary courts-martial.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to action by the convening authority.
2014—Subsec. (c)(3)(A). Pub. L. 113–291, § 531(a)(1)(A), inserted “and may be taken only with respect to a qualifying offense” after “is not required”.
Subsec. (c)(3)(B)(i). Pub. L. 113–291, § 531(a)(1)(B), struck out “, other than a charge or specification for a qualifying offense,” after “specification” and inserted “, but may take such action with respect to a qualifying offense” before semicolon.
Subsec. (c)(3)(B)(ii). Pub. L. 113–291, § 531(a)(1)(C), struck out “, other than a charge or specification for a qualifying offense,” after “to a charge or specification” and inserted “, but may take such action with respect to a qualifying offense” before period.
Subsec. (c)(3)(C). Pub. L. 113–291, § 531(a)(2), struck out “(other than a qualifying offense)” after “offense”.
Subsec. (c)(4)(C)(ii). Pub. L. 113–291, § 531(a)(5), inserted “pursuant to section 856(b) of this title (article 56(b))” after “applies”.
Subsec. (d)(2)(A)(i). Pub. L. 113–291, § 531(a)(3)(A)(i), inserted “, if applicable” before semicolon.
Subsec. (d)(2)(A)(ii). Pub. L. 113–291, § 531(a)(3)(A)(ii), struck out “if applicable,” before “the date”.
Subsec. (d)(5). Pub. L. 113–291, § 531(a)(3)(B), substituted “harm” for “loss”.
2013—Subsec. (b)(1). Pub. L. 113–66, § 1706(c), substituted “subsection (e)” for “subsection (d)”.
Subsec. (b)(2). Pub. L. 113–66, § 1702(c)(1)(A), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.
Subsec. (b)(5). Pub. L. 113–66, § 1706(b), added par. (5).
Subsec. (c). Pub. L. 113–66, § 1702(b), amended subsec. (c) generally. Prior to amendment, text related to the command prerogative of the convening authority to modify the findings and sentence of a court-martial.
Subsec. (d). Pub. L. 113–66, § 1706(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Pub. L. 113–66, § 1702(c)(1)(B), substituted “or another person authorized to act under this section” for “or other person taking action under this section” in first sentence.
Subsec. (e). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 113–66, § 1702(c)(1)(C), substituted “or another person authorized to act under this section” for “or other person taking action under this section, in his sole discretion,”.
Subsec. (e)(3). Pub. L. 113–66, § 1702(c)(1)(D), substituted “or another person authorized to act under this section” for “or other person taking action under this section”.
Subsec. (f). Pub. L. 113–66, § 1706(a)(1), redesignated subsec. (e) as (f).
1996—Subsec. (b)(1). Pub. L. 104–106 inserted after first sentence “Any such submission shall be in writing.”
1986—Subsec. (b)(1). Pub. L. 99–661, § 806(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Within 30 days after the sentence of a general court-martial or of a special court-martial which has adjudged a bad-conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority within seven days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period—
“(A) in the case of a general court-martial or a special court-martial which has adjudged a bad-conduct discharge, for not more than an additional 20 days; and
“(B) in the case of all other courts-martial, for not more than an additional 10 days.”
Subsec. (b)(2). Pub. L. 99–661, § 806(a)(2), (3), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 99–661, § 806(a)(1), (2), redesignated par. (2) as (3), inserted a comma after “case”, and struck out former par. (3) which read as follows: “In no event shall the accused in any general or special court-martial case have less than a seven-day period after the day on which a copy of the authenticated record of trial has been given to him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days.”
Subsec. (c)(2). Pub. L. 99–661, § 806(b), struck out “and, if applicable, under subsection (d),” after “under subsection (b)”.
Subsec. (d). Pub. L. 99–661, § 806(c), substituted “who may submit any matter in response under subsection (b)” for “who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days.”
1983—Pub. L. 98–209 amended section generally, substituting “Action by the convening authority” for “Initial action on the record” as section catchline, and, in text, substituting new provision for provision that after a trial by court-martial the record had to be forwarded to the convening authority, and action thereon could be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. 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 Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
heading: Effective Date of 2013 Amendment
text: Pub. L. 113–66, div. A, title XVII, § 1702(d)(2), Dec. 26, 2013, 127 Stat. 958, as amended by Pub. L. 113–291, div. A, title V, § 531(g)(2)(A), Dec. 19, 2014, 128 Stat. 3365, provided that:
“(A) Except as provided in subparagraph (B), the amendments made by subsection (b) and paragraphs (1) and (2) of subsection (c) [amending this section and section 871 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 26, 2013] and shall apply with respect to offenses committed under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on or after that effective date.
“(B) With respect to the findings and sentence of a court-martial that includes both a conviction for an offense committed before the effective date specified in subparagraph (A) and a conviction for an offense committed on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uniform Code of Military Justice).”
[Pub. L. 113–291, div. A, title V, § 531(g)(2)(B), Dec. 19, 2014, 128 Stat. 3366, provided that: “The amendments made by subparagraph (A) [amending section 1702(d)(2) of Pub. L. 113–66, set out above] shall not apply to the findings and sentence of a court-martial with respect to which the convening authority has taken action before the date that is 30 days after the date of the enactment of this Act [Dec. 19, 2014].”
]
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–661, div. A, title VIII, § 806(c) [(d)], Nov. 14, 1986, 100 Stat. 3909, provided that: “The amendments made by this section [amending this section] shall apply in cases in which the sentence is adjudged on or after the effective date of this title.”
Title VIII of Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title.
heading: Effective Date of 1983 Amendment
text: 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.