Summary of changes
Article 53a — Plea agreements
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
19 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
53a(a)
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Original text
IN GENERAL.—
Current text
IN GENERAL.—
53a(a)(1)
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Original text
Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
Current text
Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—
53a(a)(1)(A)
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Original text
the manner in which the convening authority will dispose of one or more charges and specifications; and
Current text
the manner in which the convening authority will dispose of one or more charges and specifications; and
53a(a)(1)(B)
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Original text
limitations on the sentence that may be adjudged for one or more charges and specifications.
Current text
limitations on the sentence that may be adjudged for one or more charges and specifications.
53a(a)(2)
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Original text
The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
Current text
The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
53a(a)(3)
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Original text
With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
Current text
With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).
53a(b)
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Original text
ACCEPTANCE OF PLEA AGREEMENT.—
Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
Current text
ACCEPTANCE OF PLEA AGREEMENT.—
Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
53a(b)(1)
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Original text
in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
Current text
in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
53a(b)(2)
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Original text
in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.
Current text
in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.
53a(c)
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Original text
LIMITATION ON ACCEPTANCE OF PLEA AGREEMENTS.—
The military judge of a general or special court-martial shall reject a plea agreement that—
Current text
LIMITATION ON ACCEPTANCE OF PLEA AGREEMENTS.—
The military judge of a general or special court-martial shall reject a plea agreement that—
53a(c)(1)
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Original text
contains a provision that has not been accepted by both parties;
Current text
contains a provision that has not been accepted by both parties;
53a(c)(2)
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Original text
contains a provision that is not understood by the accused;
Current text
contains a provision that is not understood by the accused;
53a(c)(3)
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Original text
except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));
Current text
except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));
53a(c)(4)
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Original text
is prohibited by law; or
Current text
is prohibited by law; or
53a(c)(5)
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Original text
is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.
Current text
is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.
53a(d)
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Original text
LIMITED CONDITIONS FOR ACCEPTANCE OF PLEA AGREEMENT FOR SENTENCE BELOW MANDATORY MINIMUM FOR CERTAIN OFFENSES.—
With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—
Current text
LIMITED CONDITIONS FOR ACCEPTANCE OF PLEA AGREEMENT FOR SENTENCE BELOW MANDATORY MINIMUM FOR CERTAIN OFFENSES.—
With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—
53a(d)(1)
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Original text
the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
Current text
the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and
53a(d)(2)
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Original text
upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
Current text
upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.
53a(e)
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Original text
BINDING EFFECT OF PLEA AGREEMENT.—
Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.
Current text
BINDING EFFECT OF PLEA AGREEMENT.—
Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.