Summary of changes
Article 60b — Post-trial actions in summary courts-martial and certain general and special courts-martial
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
20 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
60b(a)
unchanged
Original text
IN GENERAL.—
Current text
IN GENERAL.—
60b(a)(1)
unchanged
Original text
In a court-martial not specified in section 860a(a)(2) of this title (article 60a(a)(2)), the convening authority may—
Current text
In a court-martial not specified in section 860a(a)(2) of this title (article 60a(a)(2)), the convening authority may—
60b(a)(1)(A)
unchanged
Original text
dismiss any charge or specification by setting aside the finding of guilty;
Current text
dismiss any charge or specification by setting aside the finding of guilty;
60b(a)(1)(B)
unchanged
Original text
change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense;
Current text
change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense;
60b(a)(1)(C)
unchanged
Original text
disapprove the findings and the sentence and dismiss the charges and specifications;
Current text
disapprove the findings and the sentence and dismiss the charges and specifications;
60b(a)(1)(D)
unchanged
Original text
disapprove the findings and the sentence and order a rehearing as to the findings and the sentence;
Current text
disapprove the findings and the sentence and order a rehearing as to the findings and the sentence;
60b(a)(1)(E)
unchanged
Original text
disapprove, commute, or suspend the sentence, in whole or in part; or
Current text
disapprove, commute, or suspend the sentence, in whole or in part; or
60b(a)(1)(F)
unchanged
Original text
disapprove the sentence and order a rehearing as to the sentence.
Current text
disapprove the sentence and order a rehearing as to the sentence.
60b(a)(2)
unchanged
Original text
In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under paragraph (1).
Current text
In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under paragraph (1).
60b(a)(3)
unchanged
Original text
Except as provided in paragraph (4), the convening authority may act under this section only before entry of judgment.
Current text
Except as provided in paragraph (4), the convening authority may act under this section only before entry of judgment.
60b(a)(4)
unchanged
Original text
The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 860a(d)(2) of this title (article 60a(d)(2)). Such action shall be forwarded to the chief trial judge, who shall ensure appropriate modification to the entry of judgment and shall transmit the entry of judgment to the Judge Advocate General for appropriate action.
Current text
The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 860a(d)(2) of this title (article 60a(d)(2)). Such action shall be forwarded to the chief trial judge, who shall ensure appropriate modification to the entry of judgment and shall transmit the entry of judgment to the Judge Advocate General for appropriate action.
60b(a)(5)
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.
60b(b)
unchanged
Original text
LIMITATIONS ON REHEARINGS.—
The convening authority may not order a rehearing under this section—
Current text
LIMITATIONS ON REHEARINGS.—
The convening authority may not order a rehearing under this section—
60b(b)(1)
unchanged
Original text
as to the findings, if there is insufficient evidence in the record to support the findings;
Current text
as to the findings, if there is insufficient evidence in the record to support the findings;
60b(b)(2)
unchanged
Original text
to reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; or
Current text
to reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; or
60b(b)(3)
unchanged
Original text
to reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter.
Current text
to reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter.
60b(c)
unchanged
Original text
SUBMISSIONS BY ACCUSED AND VICTIM.—
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 the offense. Such rules shall include the matter required by section 860a(e) of this title (article 60a(e)).
Current text
SUBMISSIONS BY ACCUSED AND VICTIM.—
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 the offense. Such rules shall include the matter required by section 860a(e) of this title (article 60a(e)).
60b(d)
unchanged
Original text
DECISION OF CONVENING AUTHORITY.—
Current text
DECISION OF CONVENING AUTHORITY.—
60b(d)(1)
unchanged
Original text
In a general or special court-martial, 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
In a general or special court-martial, 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.
60b(d)(2)
unchanged
Original text
If the convening authority acts on the findings or the sentence under subsection (a)(1), the decision of the convening authority shall include a written explanation of the reasons for such action.
Current text
If the convening authority acts on the findings or the sentence under subsection (a)(1), the decision of the convening authority shall include a written explanation of the reasons for such 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.