10 U.S.C. § 860a — Art. 60a. Limited authority to act on sen-

Page 781 TITLE 10—ARMED FORCES § 860a shall apply with respect to offenses committed under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on or after that effective date. ‘‘(B) With respect to the findings and sentence of a court-martial that includes both a conviction for an of- fense committed before the effective date specified in subparagraph (A) and a conviction for an offense com- mitted on or after that effective date, the convening authority shall have the same authority to take action on such findings and sentence as was in effect on the day before such effective date, except with respect to a mandatory minimum sentence under section 856(b) of title 10, United States Code (article 56(b) of the Uni- form Code of Military Justice).’’ [Pub. L. 113–291, div. A, title V, § 531(g)(2)(B), Dec. 19, 2014, 128 Stat. 3366, provided that: ‘‘The amendments made by subparagraph (A) [amending section 1702(d)(2) of Pub. L. 113–66, set out above] shall not apply to the findings and sentence of a court-martial with respect to which the convening authority has taken action before the date that is 30 days after the date of the enactment of this Act [Dec. 19, 2014].’’] EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title VIII, § 806(c) [(d)], Nov. 14, 1986, 100 Stat. 3909, provided that: ‘‘The amendments made by this section [amending this section] shall apply in cases in which the sentence is adjudged on or after the effective date of this title.’’ Title VIII of Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sen- tence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. § 860a. Art. 60a. Limited authority to act on sen- tence in specified post-trial circumstances (a) IN GENERAL.—(1) The convening authority of a general or special court-martial described in paragraph (2)— (A) may act on the sentence of the court- martial only as provided in subsection (b), (c), or (d); and (B) may not act on the findings of the court- martial. (2) The courts-martial referred to in paragraph (1) are the following: (A) A general or special court-martial in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years. (B) A general or special court-martial in which the total of the sentences of confine- ment imposed, running consecutively, is more than six months. (C) A general or special court-martial in which the sentence imposed includes a dis- missal, dishonorable discharge, or bad-conduct discharge. (D) A general or special court-martial in which the accused is found guilty of a viola- tion of subsection (a) or (b) of section 920 of this title (article 120), section 920b of this title (article 120b), or such other offense as the Sec- retary of Defense may specify by regulation. (3) Except as provided in subsection (d), the convening authority may act under this section only before entry of judgment. (4) Under regulations prescribed by the Sec- retary concerned, a commissioned officer com- manding for the time being, a successor in com- mand, or any person exercising general court- martial jurisdiction may act under this section in place of the convening authority. (b) REDUCTION, COMMUTATION, AND SUSPENSION OF SENTENCES GENERALLY.—(1) Except as pro- vided in subsection (c) or (d), the convening au- thority may not reduce, commute, or suspend any of the following sentences: (A) A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months. (B) A sentence of dismissal, dishonorable discharge, or bad-conduct discharge. (C) A sentence of death. (2) The convening authority may reduce, com- mute, or suspend any sentence not specified in paragraph (1). (c) SUSPENSION OF CERTAIN SENTENCES UPON RECOMMENDATION OF MILITARY JUDGE.—(1) Upon recommendation of the military judge, as in- cluded in the Statement of Trial Results, to- gether with an explanation of the facts sup- porting the recommendation, the convening au- thority may suspend— (A) a sentence of confinement, in whole or in part; or (B) a sentence of dismissal, dishonorable dis- charge, or bad-conduct discharge. (2) The convening authority may not, under paragraph (1)— (A) suspend a mandatory minimum sen- tence; or (B) suspend a sentence to an extent in excess of the suspension recommended by the mili- tary judge. (d) REDUCTION OF SENTENCE FOR SUBSTANTIAL ASSISTANCE BY ACCUSED.—(1) Upon a rec- ommendation by the trial counsel, if the ac- cused, after sentencing and before entry of judg- ment, provides substantial assistance in the in- vestigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, in- cluding any mandatory minimum sentence. (2) Upon a recommendation by a trial counsel, designated in accordance with rules prescribed by the President, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence. (3) In evaluating whether the accused has pro- vided substantial assistance under this sub- section, the convening authority may consider the presentence assistance of the accused. (e) SUBMISSIONS BY ACCUSED AND VICTIM.—(1) In accordance with rules prescribed by the Page 782 TITLE 10—ARMED FORCES § 860b President, in determining whether to act under this section, the convening authority shall con- sider matters submitted in writing by the ac- cused or any victim of an offense. Such rules shall include— (A) procedures for notice of the opportunity to make such submissions; (B) the deadlines for such submissions; and (C) procedures for providing the accused and any victim of an offense with a copy of the re- cording of any open sessions of the court-mar- tial and copies of, or access to, any admitted, unsealed exhibits. (2) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial. (f) DECISION OF CONVENING AUTHORITY.—(1) The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense. (2) If, under this section, the convening au- thority reduces, commutes, or suspends the sen- tence, the decision of the convening authority shall include a written explanation of the rea- sons for such action. (3) If, under subsection (d)(2), the convening authority reduces, commutes, or suspends the sentence, the decision of the convening author- ity shall be forwarded to the chief trial judge for appropriate modification of the entry of judg- ment, which shall be transmitted to the Judge Advocate General for appropriate action. (Added Pub. L. 114–328, div. E, title LIX, § 5322, Dec. 23, 2016, 130 Stat. 2924.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title. § 860b. Art. 60b. Post-trial actions in summary courts-martial and certain general and spe- cial courts-martial (a) IN GENERAL.—(1) In a court-martial not specified in section 860a(a)(2) of this title (arti- cle 60a(a)(2)), the convening authority may— (A) dismiss any charge or specification by setting aside the finding of guilty; (B) change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense; (C) disapprove the findings and the sentence and dismiss the charges and specifications; (D) disapprove the findings and the sentence and order a rehearing as to the findings and the sentence; (E) disapprove, commute, or suspend the sentence, in whole or in part; or (F) disapprove the sentence and order a re- hearing as to the sentence. (2) In a summary court-martial, the convening authority shall approve the sentence or take other action on the sentence under paragraph (1). (3) Except as provided in paragraph (4), the convening authority may act under this section only before entry of judgment. (4) The convening authority may act under this section after entry of judgment in a general or special court-martial in the same manner as the convening authority may act under section 860a(d)(2) of this title (article 60a(d)(2)). Such ac- tion shall be forwarded to the chief trial judge, who shall ensure appropriate modification to the entry of judgment and shall transmit the entry of judgment to the Judge Advocate Gen- eral for appropriate action. (5) Under regulations prescribed by the Sec- retary concerned, a commissioned officer com- manding for the time being, a successor in com- mand, or any person exercising general court- martial jurisdiction may act under this section in place of the convening authority. (b) LIMITATIONS ON REHEARINGS.—The con- vening authority may not order a rehearing under this section— (1) as to the findings, if there is insufficient evidence in the record to support the findings; (2) to reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; or (3) to reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter. (c) SUBMISSIONS BY ACCUSED AND VICTIM.—In accordance with rules prescribed by the Presi- dent, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of the offense. Such rules shall in- clude the matter required by section 860a(e) of this title (article 60a(e)). (d) DECISION OF CONVENING AUTHORITY.—(1) In a general or special court-martial, the decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense. (2) If the convening authority acts on the find- ings or the sentence under subsection (a)(1), the decision of the convening authority shall in- clude a written explanation of the reasons for such action. (Added Pub. L. 114–328, div. E, title LIX, § 5323, Dec. 23, 2016, 130 Stat. 2926.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title. § 860c. Art. 60c. Entry of judgment (a) ENTRY OF JUDGMENT OF GENERAL OR SPE- CIAL COURT-MARTIAL.—(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall con- sist of the following: