Sec. 531. TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM CODE OF MILITARY JUSTICE
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## SEC. 531 TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM CODE OF MILITARY JUSTICE ###
(a)Technical Amendment Relating to Guilty Pleas for Murder Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— ####
(1)by striking “he” each place it appears and inserting “such person”; and ####
(2)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 of this title (article 53a).”. ###
(b)Technical Amendments Relating to the Military Justice Reforms in the National Defense Authorization Act for Fiscal Year 2022 ####
(1)Article 16 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”. ####
(2)Article 25 Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— #####
(A)in subsection (d)— ######
(i)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 members” and inserting “shall be sentenced by the military judge”; and ######
(ii)by amending paragraph
(2)to read as follows: > > #### “(2) > > 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)).” > ; #####
(B)in subsection (e)— ######
(i)in paragraph (1), by striking “him” and inserting “the member being tried”; and ######
(ii)in paragraph (2)— ######
(I)in the first sentence, by striking “his opinion” and inserting “the opinion of the convening authority”; and ######
(II)in the second sentence, by striking “he” and inserting “the member”; and #####
(C)in subsection (f), in the second sentence— ######
(i)by striking “his authority” and inserting “the authority of the convening authority”; and ######
(ii)by striking “his staff judge advocate or legal officer” and inserting “the staff judge advocate or legal officer of the convening authority”. ###
(c)Authority of Special Trial Counsel With Respect to Certain Offenses Occurring Before Effective Date of Military Justice Reforms Enacted in the National Defense Authorization Act for Fiscal Year 2022 ####
(1)Authority Section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice), as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1692), is amended by adding at the end the following new subsection: > > ### “(d) Special Trial Counsel Authority Over Certain Other Offenses > > > #### “(1) Offenses occurring before effective date > > A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: > > > ##### “(A) > > 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. > > > ##### “(B) > > 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. > > > ##### “(C) > > 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. > > > ##### “(D) > > A conspiracy to commit an offense specified in subparagraph (A), (B), or
(C)as punishable under section 881 of this title (article 81). > > > ##### “(E) > > A solicitation to commit an offense specified in subparagraph (A), (B), or
(C)as punishable under section 882 of this title (article 82). > > > ##### “(F) > > 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). > > > #### “(2) Effect of exercise of authority > > > ##### “(A) Treatment as covered offense > > 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. > > > ##### “(B) Known or related offenses > > 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.” > . ####
(2)Conforming amendment to effective date Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note) is amended by striking “and shall” and inserting “and, except as provided in section 824a(d) of title 10, United States Code (article 24a(d) of the Uniform Code of Military Justice), shall”. ###
(d)Clarification of Applicability of Domestic Violence and Stalking to Dating Partners ####
(1)Article 128b; domestic violence Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— #####
(A)in the matter preceding paragraph (1), by striking “Any person” and inserting “(a) In General.—Any person”; #####
(B)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 #####
(C)by adding at the end the following new subsection: > > ### “(b) Definitions > > In this section, the terms ‘dating partner’, ‘immediate family’, and ‘intimate partner’ have the meanings given such terms in section 930 of this title (article 130).” > . ####
(2)Article 130; stalking Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— #####
(A)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 #####
(B)in subsection (b)— ######
(i)by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; and ######
(ii)by inserting after paragraph
(2)the following new paragraph: > > #### “(3) > > 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— > > > ##### “(A) > > the length of the relationship; > > > ##### “(B) > > the type of relationship; > > > ##### “(C) > > the frequency of interaction between the persons involved in the relationship; and > > > ##### “(D) > > the extent of physical intimacy or sexual contact between the persons involved in the relationship.” > . ###
(e)Effective Date **[**[10 U.S.C. 816 note](/us/usc/t10/s816)**]** 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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- 135 Stat. 1692
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Sec. 531
TECHNICAL AND CONFORMING AMENDMENTS TO THE UNIFORM CODE OF MILITARY JUSTICE
Stat.135 Stat. 1692
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