10 U.S.C. § 818 — Art. 18. Jurisdiction of general courts-mar-

Page 732 TITLE 10—ARMED FORCES § 817 Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 582(d), Dec. 28, 2001, 115 Stat. 1125, provided that: ‘‘The amendments made by this section [enacting section 825a of this title and amending this section and section 829 of this title] shall apply with respect to offenses committed after Decem- ber 31, 2002.’’ EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 817. Art. 17. Jurisdiction of courts-martial in general (a) Each armed force has court-martial juris- diction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President. (b) In all cases, departmental review after that by the officer with authority to convene a gen- eral court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the depart- ment that includes the armed force of which the accused is a member. (Aug. 10, 1956, ch. 1041, 70A Stat. 43.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 817(a) ...... 817(b) ...... 50:577(a). 50:577(b). May 5, 1950, ch. 169, § 1 (Art. 17), 64 Stat. 114. In subsection (a), the word ‘‘has’’ is substituted for the words ‘‘shall have’’. In subsection (b), the word ‘‘after’’ is substituted for the words ‘‘subsequent to’’. The words ‘‘the provisions of’’ are omitted as surplusage. The words ‘‘department that includes the’’ are inserted before the words ‘‘armed force’’, since the review is carried out by the department and not by the armed force. § 818. Art. 18. Jurisdiction of general courts-mar- tial (a) Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any of- fense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. (b) A general court-martial of the kind speci- fied in section 816(b)(3) of this title (article 16(b)(3)) shall not have jurisdiction to try any person for any offense for which the death pen- alty may be adjudged unless the case has been previously referred to trial as a noncapital case. (c) Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts- martial have jurisdiction over the following of- fenses: (1) A violation of subsection (a) or (b) of sec- tion 920 of this title (article 120). (2) A violation of subsection (a) or (b) of sec- tion 920b of this title (article 120b). (3) An attempt to commit an offense speci- fied in paragraph (1) or (2) that is punishable under section 880 of this title (article 80). (Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(4), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 113–66, div. A, title XVII, § 1705(b), Dec. 26, 2013, 127 Stat. 959; Pub. L. 114–328, div. E, title LIV, § 5162, Dec. 23, 2016, 130 Stat. 2898.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 818 .......... 50:578. May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114. The word ‘‘shall’’ is omitted as surplusage wherever it occurs. Editorial Notes AMENDMENTS 2016—Subsec. (b). Pub. L. 114–328, § 5162(1), substituted ‘‘section 816(b)(3) of this title (article 16(b)(3))’’ for ‘‘section 816(1)(B) of this title (article 16(1)(B))’’. Subsec. (c). Pub. L. 114–328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts- martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).’’ 2013—Pub. L. 113–66 designated the first two sentences as subsec. (a), designated third sentence as subsec. (b) and substituted ‘‘A general court-martial’’ for ‘‘How- ever, a general court-martial’’, and added subsec. (c). 1968—Pub. L. 90–632 provided that a general court- martial consisting of only a military judge has no ju- risdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–66, div. A, title XVII, § 1705(c), Dec. 26, 2013, 127 Stat. 960, provided that: ‘‘The amendments made by this section [amending this section and sec- tion 856 of this title] shall take effect 180 days after the Page 733 TITLE 10—ARMED FORCES § 820 date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section 856(b)(2) of title 10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), com- mitted on or after that date.’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 819. Art. 19. Jurisdiction of special courts-mar- tial (a) IN GENERAL.—Subject to section 817 of this title (article 17), special courts-martial have ju- risdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limita- tions as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year. (b) ADDITIONAL LIMITATION.—Neither a bad- conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court- martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)). (c) MILITARY MAGISTRATE.—If charges and specifications are referred to a special court- martial consisting of a military judge alone under section 816(c)(2)(A) of this title (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military mag- istrate to preside over the special court-martial. (Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(5), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 106–65, div. A, title V, § 577(a), Oct. 5, 1999, 113 Stat. 625; Pub. L. 107–107, div. A, title X, § 1048(g)(4), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 114–328, div. E, title LIV, § 5163, Dec. 23, 2016, 130 Stat. 2898.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 819 .......... 50:579. May 5, 1950, ch. 169, § 1 (Art. 19), 64 Stat. 114. The word ‘‘shall’’ in the first sentence is omitted as surplusage. The words ‘‘for more than’’ are substituted for the words ‘‘in excess of’’. The words ‘‘more than’’ are substituted for the words ‘‘a period exceeding’’. The word ‘‘may’’ is substituted for the word ‘‘shall’’ in the last sentence. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 designated existing provisions as subsec. (a) and inserted heading, struck out ‘‘A bad- conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel hav- ing the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the con- vening authority shall make a detailed written state- ment, to be appended to the record, stating the reason or reasons a military judge could not be detailed.’’ after ‘‘one year.’’, and added subsecs. (b) and (c). 2001—Pub. L. 107–107, § 1048(g)(4), amended directory language of Pub. L. 106–65, § 577(a)(2). See 1999 Amend- ment note below. 1999—Pub. L. 106–65, § 577(a)(2), as amended by Pub. L. 107–107, § 1048(g)(4), inserted ‘‘, confinement for more than six months, or forfeiture of pay for more than six months’’ after ‘‘A bad-conduct discharge’’ in third sen- tence. Pub. L. 106–65, § 577(a)(1), substituted ‘‘one year’’ for ‘‘six months’’ in two places in second sentence. 1968—Pub. L. 90–632 provided that before a bad-con- duct discharge may be adjudged by a special court-mar- tial the accused must be detailed counsel who is legally qualified under the Code and a military judge must be detailed to the trial, with a detailed written statement appended to the record if a military judge was not de- tailed to the trial, because of physical conditions and military exigencies, stating the reasons that a military judge could not be so detailed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title X, § 1048(g), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(g)(4) is effective as of Oct. 5, 1999, and as if included in Pub. L. 106–65 as enacted. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title V, § 577(b), Oct. 5, 1999, 113 Stat. 625, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the first day of the sixth month beginning after the date of the enactment of this Act [Oct. 5, 1999] and shall apply with respect to charges referred on or after that effective date to trial by special courts-martial.’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 820. Art. 20. Jurisdiction of summary courts- martial (a) IN GENERAL.—Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chap- ter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with re- spect to whom summary courts-martial have ju- risdiction may be brought to trial before a sum- mary court-martial if he objects thereto. If ob- jection to trial by summary court-martial is made by an accused, trial may be ordered by