PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1399 10 USC 871. Death sentence. (C) by inserting at the end thereof the following: "If the sentence approved after the first court-martial was in ac- cordance 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 agree- ment, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.", (e) Section 871 (article 71) is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following: "(a) If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for death may not be suspended."; (2) in subsection (b), by striking out the first and second Dismissal sentences and inserting in lieu thereof the following: "If in the case of a commissioned officer, cadet, or midshipman, the sen- tence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit."; and (3) by striking out subsections (c) and (d) and inserting in lieu thereof the following: "(c)(l) If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A judgment as to legality Review, of the proceedings is final in such cases when review is completed by a Court of Military Review and— "(A) the time for the accused to file a petition for review by the Court of Military Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court; "(B) such a petition is rejected by the Court of Military Appeals; or "(C) review is completed in accordance with the judgment of the Court of Military Appeals and— "(i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; "(ii) such a petition is rejected by the Supreme Court; or "(iii) review is otherwise completed in accordance with the judgment of the Supreme Court. "(2) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title Sentences. Final judgment. Ante, p. 1397.
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