10 U.S.C. § 820 — Art. 20. Jurisdiction of summary courts-

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 Page 734 TITLE 10—ARMED FORCES § 821 special or general court-martial as may be ap- propriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confine- ment for more than 45 days, restriction to speci- fied limits for more than two months, or for- feiture of more than two-thirds of one month’s pay. (b) NON-CRIMINAL FORUM.—A summary court- martial is a non-criminal forum. A finding of guilty at a summary court-martial does not con- stitute a criminal conviction. (Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(6), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 114–328, div. E, title LIV, § 5164, Dec. 23, 2016, 130 Stat. 2899.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 820 .......... 50:580. May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114. The word ‘‘shall’’ in the first sentence is omitted as surplusage. The word ‘‘may’’ is substituted for the word ‘‘shall’’ in the second sentence. The words ‘‘the provi- sions of’’ are omitted as surplusage. The word ‘‘If’’ is substituted for the word ‘‘Where’’. The words ‘‘for more than’’ are substituted for the words ‘‘in excess of’’. The words ‘‘more than’’ are substituted for the words ‘‘pay in excess of’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the per- son objects thereto for provisions allowing such trial over the person’s objection if he has previously been of- fered and has refused article 15 punishment. 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 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. § 821. Art. 21. Jurisdiction of courts-martial not exclusive The provisions of this chapter conferring juris- diction upon courts-martial do not deprive mili- tary commissions, provost courts, or other mili- tary tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals. This section does not apply to a mili- tary commission established under chapter 47A of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 821 .......... 50:581. May 5, 1950, ch. 169, § 1 (Art. 21), 64 Stat. 115. The words ‘‘do not deprive’’ are substituted for the words ‘‘shall not be construed as depriving’’. The words ‘‘with respect to’’ are substituted for the words ‘‘in re- spect of’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–366 inserted last sentence. SUBCHAPTER V—COMPOSITION OF COURTS-MARTIAL Sec. Art. 822. 22. Who may convene general courts-martial. 823. 23. Who may convene special courts-martial. 824. 24. Who may convene summary courts-mar- tial. 824a. 24a. Special trial counsel. 825. 25. Who may serve on courts-martial. 825a. 25a. Number of court-martial members in cap- ital cases. 826. 26. Military judge of a general or special court-martial. 826a. 26a. Military magistrates. 827. 27. Detail of trial counsel and defense coun- sel. 828. 28. Detail or employment of reporters and in- terpreters. 829. 29. Assembly and impaneling of members; de- tail of new members and military judges. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title V, § 531(b), Dec. 27, 2021, 135 Stat. 1693, added item 824a. 2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, amended Pub. L. 114–328, § 5541(2). See 2016 Amendment note below. 2016—Pub. L. 114–328, div. E, title LXIII, § 5541(2), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, added items 825a, 826a, and 829 and struck out former items 825a ‘‘Art. 25a. Number of members in capital cases’’ and 829 ‘‘Art. 29. Absent and additional members’’. 2001—Pub. L. 107–107, div. A, title V, § 582(b)(2), Dec. 28, 2001, 115 Stat. 1124, added item 825a. 1968—Pub. L. 90–632, § 2(8), Oct. 24, 1968, 82 Stat. 1336, substituted ‘‘Military judge of a general or special court-martial’’ for ‘‘Law officer of a general court-mar- tial’’ in item 826. § 822. Art. 22. Who may convene general courts- martial (a) General courts-martial may be convened by— (1) the President of the United States; (2) the Secretary of Defense; (3) the commanding officer of a unified or specified combatant command; (4) the Secretary concerned; (5) the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;