10 U.S.C. § 851
HISTORICAL AND REVISION NOTE | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
851(a)851(b) | 50:626(a).50:626(b). | May 5, 1950, ch. 169, §1 (Art. 51), 64 Stat. 124. |
851(c) | 50:626(c). |
EDITORIAL NOTES
AMENDMENTS2016-Subsec. (a). Pub. L. 114-328, §5234(1), struck out ",and by members of a court-martial without a military judge upon questions of challenge," after "on the sentence".Subsec. (b). Pub. L. 114-328, §5234(2), struck out "and, except for questions of challenge, the president of a court-martial without a military judge" after "The military judge" and substituted "is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial." for ",or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank."Subsec. (c). Pub. L. 114-328, §5234(3), struck out "or the president of a court-martial without a military judge" after "the military judge" in introductory provisions.1968-Subsec. (a). Pub. L. 90-632, §2(21)(A), limited the balloting on the question of challenges to courts-martial without military judges.Subsec. (b). Pub. L. 90-632, §2(21)(B), substituted "military judge" for "law officer" and inserted reference to the military judge's ruling upon challenges for cause when a military judge is part of a court-martial and reference to questions of law.Subsec. (c). Pub. L. 90-632, §2(21)(C), substituted "military judge" for "law officer" and made minor changes in phraseology eliminating the division between general and special court-martials. Subsec. (d). Pub. L. 90-632, §2(21)(D), added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2016 AMENDMENT 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.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment 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.
- officer
- The term "officer" means a commissioned or warrant officer.
- rank
- The term "rank" means the order of precedence among members of the armed forces.