
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: 10USC854]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 854. Art. 54. Record of trial

    (a) Each general court-martial shall keep a separate record of the 
proceedings in each case brought before it, and the record shall be 
authenticated by the signature of the military judge. If the record 
cannot be authenticated by the military judge by reason of his death, 
disability, or absence, it shall be authenticated by the signature of 
the trial counsel or by that of a member if the trial counsel is unable 
to authenticate it by reason of his death, disability, or absence. In a 
court-martial consisting of only a military judge the record shall be 
authenticated by the court reporter under the same conditions which 
would impose such a duty on a member under this subsection.
    (b) Each special and summary court-martial shall keep a separate 
record of the proceedings in each case, and the record shall be 
authenticated in the manner required by such regulations as the 
President may prescribe.
    (c)(1) A complete record of the proceedings and testimony shall be 
prepared--
        (A) in each general court-martial case in which the sentence 
    adjudged includes death, a dismissal, a discharge, or (if the 
    sentence adjudged does not include a discharge) any other punishment 
    which exceeds that which may otherwise be adjudged by a special 
    court-martial; and
        (B) in each special court-martial case in which the sentence 
    adjudged includes a bad-conduct discharge, confinement for more than 
    six months, or forfeiture of pay for more than six months.

    (2) In all other court-martial cases, the record shall contain such 
matters as may be prescribed by regulations of the President.
    (d) A copy of the record of the proceedings of each general and 
special court-martial shall be given to the accused as soon as it is 
authenticated.

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90-632, Sec. 2(23), Oct. 
24, 1968, 82 Stat. 1340; Pub. L. 98-209, Sec. 6(c), Dec. 6, 1983, 97 
Stat. 1400; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 555(a)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-127.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
854(a)................................  50:629(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
854(b)................................  50:629(b).                            5
4), 64 Stat. 125.
854(c)................................  50:629(c).
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---------------------------------

    In subsection (a), the word ``If'' is substituted for the words ``In 
case''. The words ``any of those'' are substituted for the word ``such'' 
in the last sentence.
    In subsection (b), the words ``and the'' are substituted for the 
word ``which'' before the word ``record''. The words ``the matter and 
shall be authenticated in the manner required by such regulations as'' 
are substituted for the words ``such matter and be authenticated in such 
manner as may be required by regulations which''.
    In subsection (c), the words ``it is'' are inserted before the word 
``authenticated''.


                               Amendments

    2000--Subsec. (c)(1)(B). Pub. L. 106-398 inserted ``, confinement 
for more than six months, or forfeiture of pay for more than six 
months'' after ``bad-conduct discharge''.
    1983--Subsec. (a). Pub. L. 98-209, Sec. 6(c)(1), struck out 
provision that if the proceedings had resulted in an acquittal of all 
charges and specifications or, if not affecting a general or flag 
officer, in a sentence not including discharge and not in excess of that 
which could otherwise be adjudged by a special court-martial, the record 
had to contain such matters as might be prescribed by regulations of the 
President.
    Subsec. (b). Pub. L. 98-209, Sec. 6(c)(2), substituted ``the 
record'' for ``the record shall contain the matter and''.
    Subsecs. (c), (d). Pub. L. 98-209, Sec. 6(c)(3), (4), added subsec. 
(c) and redesignated former subsec. (c) as (d).
    1968--Subsec. (a). Pub. L. 90-632 provided for authentication of a 
record of trial by general court-martial by the signature of the 
military judge, for alternate methods of authentication if the military 
judge for specified reasons is unable to authenticate it, for 
authentication when a court-martial consists only of a military judge, 
and for summarized records of trial in specified cases.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 555(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-127, provided that: ``The amendment made by 
subsection (a) [amending this section] shall take effect as of April 1, 
2000, and shall apply with respect to charges referred on or after that 
date to trial by special court-martial.''


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to apply to any case in 
which the findings and sentence were adjudged by a court-martial before 
that date, and the proceedings in any such case to be held in the same 
manner and with the same effect as if such amendments had not been 
enacted, see section 12(a)(1), (4) of Pub. L. 98-209, set out as a note 
under section 801 of this title.


                    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.
