Summary of changes
Article 60a — Limited authority to act on sentence in specified post-trial circumstances
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
38 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
60a(a)
unchanged
Original text
IN GENERAL.—
Current text
IN GENERAL.—
60a(a)(1)
unchanged
Original text
The convening authority of a general or special court-martial described in paragraph (2)—
Current text
The convening authority of a general or special court-martial described in paragraph (2)—
60a(a)(1)(A)
unchanged
Original text
may act on the sentence of the court-martial only as provided in subsection (b), (c), or (d); and
Current text
may act on the sentence of the court-martial only as provided in subsection (b), (c), or (d); and
60a(a)(1)(B)
unchanged
Original text
may not act on the findings of the court-martial.
Current text
may not act on the findings of the court-martial.
60a(a)(2)
unchanged
Original text
The courts-martial referred to in paragraph (1) are the following:
Current text
The courts-martial referred to in paragraph (1) are the following:
60a(a)(2)(A)
unchanged
Original text
A general or special court-martial in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years.
Current text
A general or special court-martial in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years.
60a(a)(2)(B)
unchanged
Original text
A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months.
Current text
A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months.
60a(a)(2)(C)
unchanged
Original text
A general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or bad-conduct discharge.
Current text
A general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or bad-conduct discharge.
60a(a)(2)(D)
unchanged
Original text
A general or special court-martial in which the accused is found guilty of a violation of subsection (a) or (b) of section 920 of this title (article 120), section 920b of this title (article 120b), or such other offense as the Secretary of Defense may specify by regulation.
Current text
A general or special court-martial in which the accused is found guilty of a violation of subsection (a) or (b) of section 920 of this title (article 120), section 920b of this title (article 120b), or such other offense as the Secretary of Defense may specify by regulation.
60a(a)(3)
unchanged
Original text
Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.
Current text
Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment.
60a(a)(4)
unchanged
Original text
Under regulations prescribed by the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
Current text
Under regulations prescribed by the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
60a(b)
unchanged
Original text
REDUCTION, COMMUTATION, AND SUSPENSION OF SENTENCES GENERALLY.—
Current text
REDUCTION, COMMUTATION, AND SUSPENSION OF SENTENCES GENERALLY.—
60a(b)(1)
unchanged
Original text
Except as provided in subsection (c) or (d), the convening authority may not reduce, commute, or suspend any of the following sentences:
Current text
Except as provided in subsection (c) or (d), the convening authority may not reduce, commute, or suspend any of the following sentences:
60a(b)(1)(A)
unchanged
Original text
A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months.
Current text
A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months.
60a(b)(1)(B)
unchanged
Original text
A sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
Current text
A sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
60a(b)(1)(C)
unchanged
Original text
A sentence of death.
Current text
A sentence of death.
60a(b)(2)
unchanged
Original text
The convening authority may reduce, commute, or suspend any sentence not specified in paragraph (1).
Current text
The convening authority may reduce, commute, or suspend any sentence not specified in paragraph (1).
60a(c)
unchanged
Original text
SUSPENSION OF CERTAIN SENTENCES UPON RECOMMENDATION OF MILITARY JUDGE.—
Current text
SUSPENSION OF CERTAIN SENTENCES UPON RECOMMENDATION OF MILITARY JUDGE.—
60a(c)(1)
unchanged
Original text
Upon recommendation of the military judge, as included in the Statement of Trial Results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend—
Current text
Upon recommendation of the military judge, as included in the Statement of Trial Results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend—
60a(c)(1)(A)
unchanged
Original text
a sentence of confinement, in whole or in part; or
Current text
a sentence of confinement, in whole or in part; or
60a(c)(1)(B)
unchanged
Original text
a sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
Current text
a sentence of dismissal, dishonorable discharge, or bad-conduct discharge.
60a(c)(2)
unchanged
Original text
The convening authority may not, under paragraph (1)—
Current text
The convening authority may not, under paragraph (1)—
60a(c)(2)(A)
unchanged
Original text
suspend a mandatory minimum sentence; or
Current text
suspend a mandatory minimum sentence; or
60a(c)(2)(B)
unchanged
Original text
suspend a sentence to an extent in excess of the suspension recommended by the military judge.
Current text
suspend a sentence to an extent in excess of the suspension recommended by the military judge.
60a(d)
unchanged
Original text
REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE BY ACCUSED.—
Current text
REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE BY ACCUSED.—
60a(d)(1)
unchanged
Original text
Upon a recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
Current text
Upon a recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
60a(d)(2)
unchanged
Original text
Upon a recommendation by a trial counsel, designated in accordance with rules prescribed by the President, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
Current text
Upon a recommendation by a trial counsel, designated in accordance with rules prescribed by the President, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
60a(d)(3)
unchanged
Original text
In evaluating whether the accused has provided substantial assistance under this subsection, the convening authority may consider the presentence assistance of the accused.
Current text
In evaluating whether the accused has provided substantial assistance under this subsection, the convening authority may consider the presentence assistance of the accused.
60a(e)
unchanged
Original text
SUBMISSIONS BY ACCUSED AND VICTIM.—
Current text
SUBMISSIONS BY ACCUSED AND VICTIM.—
60a(e)(1)
unchanged
Original text
In accordance with rules prescribed by the President, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense. Such rules shall include—
Current text
In accordance with rules prescribed by the President, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense. Such rules shall include—
60a(e)(1)(A)
unchanged
Original text
procedures for notice of the opportunity to make such submissions;
Current text
procedures for notice of the opportunity to make such submissions;
60a(e)(1)(B)
unchanged
Original text
the deadlines for such submissions; and
Current text
the deadlines for such submissions; and
60a(e)(1)(C)
unchanged
Original text
procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of, or access to, any admitted, unsealed exhibits.
Current text
procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of, or access to, any admitted, unsealed exhibits.
60a(e)(2)
unchanged
Original text
The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.
Current text
The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial.
60a(f)
unchanged
Original text
DECISION OF CONVENING AUTHORITY.—
Current text
DECISION OF CONVENING AUTHORITY.—
60a(f)(1)
unchanged
Original text
The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
Current text
The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
60a(f)(2)
unchanged
Original text
If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such action.
Current text
If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such action.
60a(f)(3)
unchanged
Original text
If, under subsection (d)(2), the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the chief trial judge for appropriate modification of the entry of judgment, which shall be transmitted to the Judge Advocate General for appropriate action.
Current text
If, under subsection (d)(2), the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the chief trial judge for appropriate modification of the entry of judgment, which shall be transmitted to the Judge Advocate General for appropriate action.
“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.