Sec. 1043. Clarification of authority of military commissions under chapter 47A of title 10, United States Code, to punish contempt
528 words·~2 min read·
/bill/116/hr/6395/eas/section-1043A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
chapter 47A of title 10, United States Code, to punish contempt Subchapter IV of chapter 47A of title 10, United States Code, is amended by adding at the end the following new section: With respect to any proceeding under this chapter, a judicial officer specified in paragraph
(2)may punish for contempt any person who— uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; disturbs the proceeding by any riot or disorder; or willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding. A judicial officer referred to in paragraph
(1)is any of the following: Any judge of the United States Court of Military Commission Review. Any military judge detailed to a military commission or any other proceeding under this chapter. The punishment for contempt under subsection
(a)may not exceed confinement for 30 days, a fine of $1,000, or both. A punishment under this section— is not reviewable by the convening authority of a military commission under this chapter; if imposed by a military judge, shall constitute a judgment, subject to review in the first instance only by the United States Court of Military Commission Review and then only by the United States Court of Appeals for the District of Columbia Circuit; and if imposed by a judge of the United States Court of Military Commission Review, shall constitute a judgment of the court subject to review only by the United States Court of Appeals for the District of Columbia Circuit. In reviewing a punishment for contempt imposed under this section, the reviewing court shall affirm such punishment unless the court finds that imposing such punishment was an abuse of the discretion of the judicial officer who imposed such punishment. A petition for review of punishment for contempt imposed under this section shall be filed not later than 60 days after the date on which the authenticated record upon which the contempt punishment is based and any contempt proceedings conducted by the judicial officer are served on the person punished for contempt. Punishment for contempt is not a conviction or sentence within the meaning of section 949m of this title. The imposition of punishment for contempt is not governed by other provisions of this chapter applicable to military commissions, except that the Secretary of Defense may prescribe procedures for contempt proceedings and punishments, pursuant to the authority provided in section 949a of this title. . The table of sections at the beginning of subchapter IV of such chapter is amended by adding at the end the following new item: 949o–1. Contempt. . Section 950t of title 10, United States Code, is amended— by striking paragraph (31); and by redesignating paragraph
(32)as paragraph (31). The amendments made by subsections
(a)and
(b)shall not be construed to affect the lawfulness of any punishment for contempt adjudged prior to the effective date of such amendments. The amendments made by subsections
(a)and
(b)shall take effect on the date of the enactment of this Act, and shall apply with respect to conduct by a person that occurs on or after such date.