S. 538

A bill to amend title 10, United States Code, to modify the authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial.

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II

113th CONGRESS

1st Session

S. 538

IN THE SENATE OF THE UNITED STATES

March 12, 2013

Mrs. McCaskill introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to modify the authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial.

1.

Modification of authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial

(a)

Inclusion of written justification for certain actions on sentences

Paragraph (2) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial..

(b)

Prohibition on dismissal of finding or change to finding of guilty of lesser included offense

Such section (such article) is further amended—

(1)

in paragraph (3), by striking the second sentence; and

(2)

by adding at the end the following new paragraph:

(4)

If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not—

(A)

dismiss any charge or specification by setting aside a finding of guilty thereto; or

(B)

change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as so amended, on or after that date.