Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice
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Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— by striking he both places it appears and inserting such person ; and in the matter following paragraph (4), by striking the period and inserting , unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a). . Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking by the convening authority .
Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— in subsection (d)— in paragraph (1), by striking may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members and inserting shall be sentenced by the military judge ; and by amending paragraph
(2)to read as follows: In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). ; in subsection (e)— in paragraph (1), by striking him and inserting the member being tried ; and in paragraph (2)— in the first sentence, by striking his opinion and inserting the opinion of the convening authority ; and in the second sentence, by striking he and inserting the member ; and in subsection (f)— by striking his authority and inserting the authority of the convening authority ; and by striking his staff judge advocate or legal officer and inserting the staff judge advocate or legal officer of the convening authority . Section 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended by adding at the end the following new subsection: A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. A conspiracy to commit an offense specified in subparagraph (A), (B), or
(C)as punishable under section 881 of this title (article 81). A solicitation to commit an offense specified in subparagraph (A), (B), or
(C)as punishable under section 882 of this title (article 82). An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or
(E)as punishable under section 880 of this title (article 80). If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph
(B)of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur. . Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 801 note; Public Law 117–81 ) is amended by striking and shall and inserting and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall . Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— in the matter preceding paragraph (1), by striking Any person and inserting ;
(a)In general.— Any person in subsection (a), as designated by paragraph
(1)of this section, by inserting a dating partner, after an intimate partner, each place it appears; and by adding at the end the following new subsection: In this section (article), the terms dating partner , immediate family , and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice). . Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— in subsection (a), by striking or to his or her intimate partner each place it appears and inserting to his or her intimate partner, or to his or her dating partner ; and in subsection (b)— by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; and by inserting after paragraph
(2)the following new paragraph: The term dating partner , in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— the length of the relationship; the type of relationship; the frequency of interaction between the persons involved in the relationship; and the extent of physical intimacy or sexual contact between the persons involved in the relationship. . The amendments made by subsection
(b)and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act ( 10 U.S.C. 801 note).
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Sec. 542
Technical and conforming amendments to the Uniform Code of Military Justice
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