Sec. 544. Jurisdiction of Courts of Criminal Appeals
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/bill/117/s/4543/rs/section-544·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended— in subsection (b)(1), by striking shall have jurisdiction over and all that follows through the period at the end of subparagraph
(D)and inserting the following: “shall have jurisdiction over— a timely appeal from the judgment of a court-martial, entered into the record under section 860c(a) of this title (article 60c(a)), that includes a finding of guilty; and a summary court-martial case in which the accused filed an application for review with the Court under section 869(d)(1)(B) of this title (article 69(d)(1)(B)) and for which the application has been granted by the Court. ; and in subsection (c), by striking is timely if and all that follows through the period at the end of paragraph
(2)and inserting the following: “is timely if— in the case of an appeal under subparagraph
(A)of such subsection, it is filed before the later of— the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); and the date set by the Court of Criminal Appeals by rule or order; and in the case of an appeal under subparagraph
(B)of such subsection, an application for review with the Court is filed not later than the earlier of the dates established under section 869(d)(2)(B) of this title (article 69(d)(2)(B)). . Section 869 of title 10, United States Code (article 69 of the Uniform Code of Military Justice) is amended— by amending subsection
(a)to read as follows: Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may— with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66). ; and in subsection (b)— by inserting
(1)before To qualify ; and by striking not later than one year after and all that follows through the period at the end and inserting the following: “not later than— for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c). The Judge Advocate General may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A). ; in subsection (c)— in paragraph (1)(A), by striking section 864 or 865(b) of this title (article 64 or 65(b)) and inserting section 864 of this title (article 64) ; and in paragraph (2), by striking the Judge Advocate General shall order appropriate corrective action under rules prescribed by the President and inserting the Judge Advocate General shall send the case to the Court of Criminal Appeals ; and in subsection (d)(1), by striking under subsection (c)— and all that follows through
(B)in a case submitted and inserting under subsection (c)(1) in a case submitted . Section 861(d) of title 10, United States Code (article 61(d) of the Uniform Code of Military Justice), is amended by striking A waiver and inserting Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver .