Sec. 531. Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system

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Paragraph

(3)of subsection

(c)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act of 2014 ( Public Law 113–66 ; 127 Stat. 955), is amended— in subparagraph (A), by inserting and may be taken only with respect to a qualifying offense after is not required ; in subparagraph (B)(i)— by striking , other than a charge or specification for a qualifying offense, ; and by inserting , but may take such action with respect to a qualifying offense after thereto ; and in subparagraph (B)(ii)— by striking , other than a charge or specification for a qualifying offense, ; and by inserting , but may take such action with respect to a qualifying offense before the period. Paragraph (3)(C) of subsection

(d)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as added by section 1706(a) of the National Defense Authorization Act of Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 960), is amended— in paragraph (2)(A)— in clause (i), by inserting , if applicable after (article 54(e)) ; and in clause (ii), by striking if applicable, ; and in paragraph (5), by striking loss and inserting harm . Section 832(a)(1) of title 10, United States Code (article 32(a)(1) of the Uniform Code of Military Justice), as amended by section 1702(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 954), is amended by inserting , unless such hearing is waived by the accused after preliminary hearing . Section 834(a)(2) of such title (article 34(a)(2) of the Uniform Code of Military Justice), as amended by section 1702(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 957), is amended by inserting (if there is such a report) after a preliminary hearing under section 832 of this title (article 32) . Section 860(c)(4)(C)(ii) of title 10, United States Code (article 60(c)(4)(C)(ii) of the Uniform Code of Military Justice), as amended by section 1702(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 955), is amended by inserting pursuant to section 856(b) of this title (article 56(b)) after applies . Subsection (b)(1) of section 846 of title 10, United States Code (article 46(b) of the Uniform Code of Military Justice), as amended by section 1704 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 958), is amended by striking through trial counsel and inserting through the Special Victims’ Counsel or other counsel for the victim, if applicable . Such section is further amended by striking trial counsel each place it appears and inserting counsel for the Government . Such section is further amended— in the heading, by striking and inserting Defense counsel ; and Counsel for accused by striking defense counsel each place it appears and inserting counsel for the accused . Section 1044e of title 10, United States Code, as added by section 1716(a) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 113–66 ; 127 Stat. 966), is amended— in subsection (b)(4), by striking the Department of Defense and inserting the United States ; in subsection (d)(2), by inserting , and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps after employed ; and in subsection (e)(1), by inserting concerned after jurisdiction of the Secretary . Section 925(a) of title 10, United States Code (article 125(a) of the Uniform Code of Military Justice), as amended by section 1707 of the National Defense Authorization Act of Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 961), is amended by striking force and inserting unlawful force . Section 843(b)(2)(B) of such title (article 43(b)(2)(B) of the Uniform Code of Military Justice) is amended— in clause (iii), by striking Sodomy and inserting Forcible sodomy ; and in clause (v), by striking sodomy and inserting forcible sodomy . Section 918(4) of such title (article 118(4) of the Uniform Code of Military Justice) is amended by striking sodomy and inserting forcible sodomy . Section 1741(e)(2) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 977; 10 U.S.C. prec. 501 note) is amended by inserting who is pursuing or has recently pursued becoming a member of the Armed Forces and after a person . Subsection

(b)of section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by section 1701 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 952), is amended by striking a person and inserting an individual . Subsection

(c)of such section is amended— in the heading, by striking and inserting legal guardian ; appointment of individuals to assume rights by inserting (but who is not a member of the armed forces) after under 18 years of age ; by striking designate a legal guardian from among the representatives and inserting designate a representative ; by striking other suitable person and inserting another suitable individual ; and by striking the person and inserting the individual . Effective as of December 26, 2013, and as if included therein as enacted, section 1702(d)(1) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 958; 10 U.S.C. 802 note, 832 note) is amended by striking one year after and all that follows through the end of the sentence and inserting on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. . Buck McKeon National Defense Authorization Act for Fiscal Year 2015 and shall apply with respect to preliminary hearings conducted on or after that effective date. Section 1702(d)(2) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 958; 10 U.S.C. 860 note) is amended— by striking The amendments and inserting

(A)Except as provided in subparagraph (B), the amendments ; and by adding at the end the following new subparagraph: 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). . The amendments made by subparagraph

(A)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.

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National Defense Authorization Act for Fiscal Year 2014
Public Law 113-66

U.S. Code

9 references not yet in our index

127 Stat. 955
127 Stat. 960
127 Stat. 954
127 Stat. 957
127 Stat. 958
127 Stat. 966
127 Stat. 961
127 Stat. 977
127 Stat. 952

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Sec. 531

Technical revisions and clarifications of certain provisions in the National Defense Authorization Act for Fiscal Year 2014 relating to the military justice system

Pub. L.Public Law 113-66

U.S.C.§ 802

U.S.C.§ 860

Stat.127 Stat. 955

Stat.127 Stat. 960

Stat.127 Stat. 954

Stat.127 Stat. 957

Stat.127 Stat. 958

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