Sec. 5236. FINDINGS AND SENTENCING

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## SEC. 5236 FINDINGS AND SENTENCING Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended to read as follows: > > ## “SEC. 853 Art. 53. Findings and sentencing > > > ### “(a) Announcement > > A court-martial shall announce its findings and sentence to the parties as soon as determined. > > > ### “(b) Sentencing Generally > > > #### “(1) General and special courts-martial > > > ##### “(A) Sentencing by military judge > > Except as provided in subparagraph (B), and in subsection

(c)for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. > > > ##### “(B) Sentencing by members > > If the accused is convicted of an offense in a trial by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused. > > > ##### “(C) Sentence of the accused > > The sentence determined pursuant to this paragraph constitutes the sentence of the accused. > > > #### “(2) Summary courts-martial > > If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused. > > > ### “(c) Sentencing for Capital Offenses > > > #### “(1) In general > > In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment. > > > #### “(2) Lesser authorized punishments > > In accordance with regulations prescribed by the President, the court-martial may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter. > > > #### “(3) Other non-capital offenses > > In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.” > .