10 U.S.C. § 873 — Art. 73. Petition for a new trial

Page 800 TITLE 10—ARMED FORCES § 873 (c) The suspension of any other sentence may be vacated by any authority competent to con- vene, for the command in which the accused is serving or assigned, a court of the kind that im- posed the sentence. (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 114–328, div. E, title LIX, § 5335, Dec. 23, 2016, 130 Stat. 2936.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 872(a) ...... 872(b) ...... 50:659(a). 50:659(b). May 5, 1950, ch. 169, § 1 (Art. 72), 64 Stat. 131. 872(c) ...... 50:659(c). In subsection (a), the word ‘‘Before’’ is substituted for the words ‘‘Prior to’’. In subsection (b), the words ‘‘be effective * * * to’’ are omitted as surplusage. The second sentence is restated to make it clear that the execution of the rest of the court-martial sentence is not automatic. The word ‘‘is’’ is substituted for the words ‘‘shall * * * be’’ in the last sentence. The word ‘‘sent’’ is substituted for the word ‘‘forwarded’’. The words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Department’’. Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328, § 5335(a), (b)(1), in- serted ‘‘The special court-martial convening authority may detail a judge advocate, who is certified under sec- tion 827(b) of this title (article 27(b)), to conduct the hearing.’’ after first sentence and substituted ‘‘if the probationer so desires’’ for ‘‘if he so desires’’ in last sentence. Subsec. (b). Pub. L. 114–328, § 5335(b)(2), substituted ‘‘If the officer exercising general court-martial jurisdic- tion’’ for ‘‘If he’’ and ‘‘section 857 of this title (article 57)’’ for ‘‘section 871(c) of this title (article 71(c))’’. 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. § 873. Art. 73. Petition for a new trial At any time within three years after the date of the entry of judgment under section 860c of this title (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pend- ing before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition. (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 90–632, § 2(33), Oct. 24, 1968, 82 Stat. 1342; Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 114–328, div. E, title LIX, § 5336, Dec. 23, 2016, 130 Stat. 2937.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 873 .......... 50:660. May 5, 1950, ch. 169, § 1 (Art. 73), 64 Stat. 132. The words ‘‘the ground’’ are substituted for the word ‘‘grounds’’. The words ‘‘as the case may be’’ are sub- stituted for the word ‘‘respectively’’, since the pre- scribed action is alternative, not distributive. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 substituted ‘‘three years after the date of the entry of judgment under section 860c of this title (article 60c)’’ for ‘‘two years after approval by the convening authority of a court-martial sentence’’. 1994—Pub. L. 103–337 substituted ‘‘Court of Criminal Appeals’’ for ‘‘Court of Military Review’’ and ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’. 1968—Pub. L. 90–632 extended time during which ac- cused may petition Judge Advocate General for a new trial from 1 to 2 years and struck out provisions which limited right to petition for a new trial to cases of death, dismissal, a punitive discharge, or a year or more in confinement. 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 1968 AMENDMENT Amendment by Pub. L. 90–632 to apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years be- fore Oct. 24, 1968, see section 4(c) of Pub. L. 90–632, set out as a note under section 801 of this title. § 874. Art. 74. Remission and suspension (a) The Secretary concerned and, when des- ignated by him, any Under Secretary, Assistant Secretary, Judge Advocate General, or com- manding officer may remit or suspend any part or amount of the unexecuted part of any sen- tence, including all uncollected forfeitures other than a sentence approved by the President. How- ever, in the case of a sentence of confinement for life without eligibility for parole that is ad- judged for an offense committed after October 29, 2000, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of confinement of not less than 20 years. (b) The Secretary concerned may, for good cause, substitute an administrative form of dis- charge for a discharge or dismissal executed in accordance with the sentence of a court-martial. (Aug. 10, 1956, ch. 1041, 70A Stat. 63; Pub. L. 106–398, § 1 [[div. A], title V, § 553(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–125; Pub. L. 107–107, div. A, title X, § 1048(a)(8), Dec. 28, 2001, 115 Stat. 1223.)