
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC803]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 803. Art. 3. Jurisdiction to try certain personnel

    (a) Subject to section 843 of this title (article 43), a person who 
is in a status in which the person is subject to this chapter and who 
committed an offense against this chapter while formerly in a status in 
which the person was subject to this chapter is not relieved from 
amenability to the jurisdiction of this chapter for that offense by 
reason of a termination of that person's former status.
    (b) Each person discharged from the armed forces who is later 
charged with having fraudulently obtained his discharge is, subject to 
section 843 of this title (article 43), subject to trial by court-
martial on that charge and is after apprehension subject to this chapter 
while in the custody of the armed forces for that trial. Upon conviction 
of that charge he is subject to trial by court-martial for all offenses 
under this chapter committed before the fraudulent discharge.
    (c) No person who has deserted from the armed forces may be relieved 
from amenability to the jurisdiction of this chapter by virtue of a 
separation from any later period of service.
    (d) A member of a reserve component who is subject to this chapter 
is not, by virtue of the termination of a period of active duty or 
inactive-duty training, relieved from amenability to the jurisdiction of 
this chapter for an offense against this chapter committed during such 
period of active duty or inactive-duty training.

(Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99-661, div. A, title 
VIII, Sec. 804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102-484, div. 
A, title X, Sec. 1063, Oct. 23, 1992, 106 Stat. 2505.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
803(a)................................  50:553(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
803(b)................................  50:553(b).                            3
), 64 Stat. 109.
803(c)................................  50:553(c).
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---------------------------------

    In subsection (a), the words ``the provisions of'' are omitted as 
surplusage. The words ``no * * * may'' are substituted for the words 
``any * * * shall not''. The word ``for'' is substituted for the word 
``of'' before the words ``five years''. The words ``of a State, a 
Territory, or'' are substituted for the words ``any State or Territory 
thereof or of''. The word ``court-martial'' is substituted for the word 
``courts-martial''.
    In subsection (b), the words ``Each person'' are substituted for the 
words ``All persons''. The words ``who is later'' are substituted for 
the word ``subsequently''. The words ``his discharge is'' are 
substituted for the words ``said discharge shall * * * be''. The words 
``the provisions of'' are omitted as surplusage. The word ``is'' is 
substituted for the words ``shall * * * be''. The words ``he is'' are 
substituted for the words ``they shall be''. The word ``before'' is 
substituted for the words ``prior to''.
    In subsection (c), the words ``No * * * may'' are substituted for 
the words ``Any * * * shall not''. The word ``later'' is substituted for 
the word ``subsequent''.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-484 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``Subject to section 
843 of this title (article 43), no person charged with having committed, 
while in a status in which he was subject to this chapter, an offense 
against this chapter, punishable by confinement for five years or more 
and for which the person cannot be tried in the courts of the United 
States or of a State, a Territory, or the District of Columbia, may be 
relieved from amenability to trial by court-martial by reason of the 
termination of that status.''
    1986--Subsec. (d). Pub. L. 99-661 added subsec. (d).


                    Effective Date of 1992 Amendment

    Section 1067 of Pub. L. 102-484 provided that: ``The amendments made 
by sections 1063, 1064, 1065, and 1066 [amending this section and 
sections 857, 863, 911, 918, and 920 of this title] shall take effect on 
the date of the enactment of this Act [Oct. 23, 1992] and shall apply 
with respect to offenses committed on or after that date.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661 applicable to offenses committed on or 
after the earlier of (1) the last day of the 120-day period beginning on 
Nov. 14, 1986; or (2) the date specified in an Executive order, see 
sections 804(e) and 808 of Pub. L. 99-661, set out as notes under 
section 802 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 937 of this title.
