
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(4)]
[Document affected by Public Law 107-107 Section 1048(g)]
[CITE: 10USC819]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                SUBCHAPTER IV--COURT-MARTIAL JURISDICTION
 
Sec. 819. Art. 19. Jurisdiction of special courts-martial

    Subject to section 817 of this title (article 17), special courts-
martial have jurisdiction to try persons subject to this chapter for any 
noncapital offense made punishable by this chapter and, under such 
regulations as the President may prescribe, for capital offenses. 
Special courts-martial may, under such limitations as the President may 
prescribe, adjudge any punishment not forbidden by this chapter except 
death, dishonorable discharge, dismissal, confinement for more than one 
year, hard labor without confinement for more than three months, 
forfeiture of pay exceeding two-thirds pay per month, or forfeiture of 
pay for more than one year. A bad-conduct discharge, confinement for 
more than six months, or forfeiture of pay for more than six months may 
not be adjudged unless a complete record of the proceedings and 
testimony has been made, counsel having the qualifications prescribed 
under section 827(b) of this title (article 27(b)) was detailed to 
represent the accused, and a military judge was detailed to the trial, 
except in any case in which a military judge could not be detailed to 
the trial because of physical conditions or military exigencies. In any 
such case in which a military judge was not detailed to the trial, the 
convening authority shall make a detailed written statement, to be 
appended to the record, stating the reason or reasons a military judge 
could not be detailed.

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, Sec. 2(5), Oct. 
24, 1968, 82 Stat. 1335; Pub. L. 106-65, div. A, title V, Sec. 577(a), 
Oct. 5, 1999, 113 Stat. 625.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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819...................................  50:579.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              1
9), 64 Stat. 114.
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    The word ``shall'' in the first sentence is omitted as surplusage. 
The words ``for more than'' are substituted for the words ``in excess 
of''. The words ``more than'' are substituted for the words ``a period 
exceeding''. The word ``may'' is substituted for the word ``shall'' in 
the last sentence.


                               Amendments

    1999--Pub. L. 106-65, Sec. 577(a)(2), which directed amendment of 
third sentence by inserting ``, confinement for more than six months, or 
forfeiture of pay for more than six months'' after ``A bad conduct 
discharge'', was executed by making the insertion after ``A bad-conduct 
discharge'' to reflect the probable intent of Congress.
    Pub. L. 106-65, Sec. 577(a)(1), substituted ``one year'' for ``six 
months'' in two places in second sentence.
    1968--Pub. L. 90-632 provided that before a bad-conduct discharge 
may be adjudged by a special court-martial the accused must be detailed 
counsel who is legally qualified under the Code and a military judge 
must be detailed to the trial, with a detailed written statement 
appended to the record if a military judge was not detailed to the 
trial, because of physical conditions and military exigencies, stating 
the reasons that a military judge could not be so detailed.


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 577(b), Oct. 5, 1999, 113 
Stat. 625, provided that: ``The amendments made by subsection (a) 
[amending this section] shall take effect on the first day of the sixth 
month beginning after the date of the enactment of this Act [Oct. 5, 
1999] and shall apply with respect to charges referred on or after that 
effective date to trial by special courts-martial.''


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
