
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: 10USC863]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 863. Art. 63. Rehearings

    Each rehearing under this chapter shall take place before a court-
martial composed of members not members of the court-martial which first 
heard the case. Upon a rehearing the accused may not be tried for any 
offense of which he was found not guilty by the first court-martial, and 
no sentence in excess of or more severe than the original sentence may 
be approved, unless the sentence is based upon a finding of guilty of an 
offense not considered upon the merits in the original proceedings, or 
unless the sentence prescribed for the offense is mandatory. If the 
sentence approved after the first court-martial was in accordance with a 
pretrial agreement and the accused at the rehearing changes his plea 
with respect to the charges or specifications upon which the pretrial 
agreement was based, or otherwise does not comply with the pretrial 
agreement, the approved sentence as to those charges or specifications 
may include any punishment not in excess of that lawfully adjudged at 
the first court-martial.

(Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98-209, Sec. 5(d), Dec. 
6, 1983, 97 Stat. 1398; Pub. L. 102-484, div. A, title X, Sec. 1065, 
Oct. 23, 1992, 106 Stat. 2506.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
863(a)................................  50:650(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
863(b)................................  50:650(b).                            6
3), 64 Stat. 127.
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---------------------------------

    In subsection (a), the words ``In such a'' are substituted for the 
words ``in which''.
    In subsection (b), the word ``Each'' is substituted for the word 
``Every''. The word ``may'' is substituted for the word ``shall'' in the 
second sentence.


                               Amendments

    1992--Pub. L. 102-484 substituted ``approved'' for ``imposed'' in 
second sentence and inserted ``approved'' before last reference to 
``sentence'' in third sentence.
    1983--Pub. L. 98-209 struck out subsec. (a) which provided that if 
the convening authority disapproved the findings and sentence of a 
court-martial he could, except where there was lack of sufficient 
evidence in the record to support the findings, order a rehearing, 
stating the reasons for disapproval, and that if he disapproved the 
findings without reordering a rehearing, he had to dismiss the charges, 
and redesignated former subsec. (b) as entire section, and, as so 
redesignated, inserted ``under this chapter'' after ``Each rehearing'', 
and inserted provision that if the sentence approved after the first 
court-martial was in accordance with a pretrial agreement and the 
accused at the rehearing changes his plea with respect to the charges or 
specifications upon which the pretrial agreement was based, or otherwise 
does not comply with the pretrial agreement, the sentence as to those 
charges or specifications may include any punishment not in excess of 
that lawfully adjudged at the first court-martial.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and applicable 
with respect to offenses committed on or after that date, see section 
1067 of Pub. L. 102-484, set out as a note under section 803 of this 
title.


                    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.
