Page:United States Statutes at Large Volume 97.djvu/1432

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

97 STAT. 1400 PUBLIC LAW 98-209—DEC. 6, 1983 (article 61), that part of the sentence extending to dismissal or a bad- conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action on that review) Post, p. 1401. under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under sec- Ante, p. 1395. tion 860 of this title (article 60) when approved by him under that section. Suspension. «(d) fhe convening authority or other person acting on the case under section 860 of this title (article 60) may suspend the execution of any sentence or part thereof, except a death sentence.". 10 USC 857. (f) Subsection (a) of section 857 (article 57(a)) is amended to read as follows: "(a) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).". 10 USC 876a. (g) Section 876a (article 76a) is amended— (1) by striking out "864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction" and inserting in lieu thereof "860 of this title (article 60)"; and (2) by striking out "by the officer exercising general court- martial jurisdiction" in the second sentence and inserting in lieu thereof "under section 860 of this title (article 60)". (h)(1) The table of subchapters at the beginning of chapter 47 is amended by striking out the item relating to subchapter IX and inserting in lieu thereof the following: "IX. Post-trial Procedure and Review of Courts-Martial 859 59". (2) The subchapter heading at the beginning of subchapter IX is amended to read as follows: "SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL". 10 USC 801. "Record." 10 USC 849. 10 USC 854. RECORD OF TRIAL SEC. 6. (a) Section 801 (article 1) is amended by adding at the end thereof the following new clause: "(14) 'Record', when used in connection with the proceedings of a court-martial, means— "(A) an official written transcript, written summary, or other writing relating to the proceedings; or "(B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.". (b) Subsections (d) and (1) of section 849 (article 49) are each amended by inserting after "read in evidence" the following: "or, in the case of audiotape, videotape, or similar material, may be played in evidence". (c) Section 854 (article 54) is amended— (1) in subsection (a), by striking out the last sentence; (2) in subsection (b), by striking out "shall contain the matter and"; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new sub- section: "(c)(1) A complete record of the proceedings and testimony shall be prepared—