Sec. 555. Limitation on authority of convening authority to review findings of a court-martial

287 words·~1 min read·/bill/113/s/1034/is/section-555

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Subsection

(c)of section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), is amended— in paragraph (3)— by inserting may be taken after finding of a court-martial ; by striking is not required. However, and inserting only with respect to a qualified offense. With respect to such an offense, ; by striking may— and all that follows through

(A)dismiss and inserting may dismiss ; by striking ; or and inserting a period; and by striking subparagraph (B); and by adding at the end the following new paragraph: In paragraph (3), the term qualified offense means, except as provided in subparagraph (B), an offense under this chapter for which— the maximum sentence of confinement that may be adjudged does not exceed two years; and the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months. Such term does not include such offenses as the Secretary of Defense may prescribe by regulation. . Such subsection is further amended by adding after paragraph (4), as added by subsection (a)(2), the following new paragraph: If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon. . Subsection (e)(3) of such section (article) is amended in the first sentence by inserting (if authorized to do so under subsection (c)) after findings and sentence . The amendments made by subsections

(a)and

(c)shall apply with respect to offenses committed on or after the date of the enactment of this Act.