2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47A - MILITARY COMMISSIONS (§§ 948a - 950t)
Subchapter IV - TRIAL PROCEDURE (§§ 949a - 949o)
Section 949m - Number of votes required
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER IV - TRIAL PROCEDURE Sec. 949m - Number of votes required |
Contains | section 949m |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2589; amended Pub. L. 112-81, div. A, title X, §1030(a), Dec. 31, 2011, 125 Stat. 1570. |
Statutes at Large References | 120 Stat. 2616 123 Stat. 2589 125 Stat. 1570 |
Public Law References | Public Law 109-366, Public Law 111-84, Public Law 112-81 |
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(a)
(b)
(2) No person may be sentenced to death by a military commission, except insofar as—
(A) the penalty of death has been expressly authorized under this chapter, chapter 47 of this title, or the law of war for an offense of which the accused has been found guilty;
(B) trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;
(C) the accused was convicted of the offense by the concurrence of all the members present at the time the vote is taken, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title; and
(D) all members present at the time the vote was taken on the sentence concurred in the sentence of death.
(3) No person may be sentenced to life imprisonment, or to confinement for more than 10 years, by a military commission under this chapter except by the concurrence of three-fourths of the members present at the time the vote is taken.
(c)
(2) In any case described in paragraph (1) in which 12 members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of members for the military commission (but not fewer than 9 members), and the military commission may be assembled, and the trial held, with not less than the number of members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2589; amended Pub. L. 112–81, div. A, title X, §1030(a), Dec. 31, 2011, 125 Stat. 1570.)
Prior ProvisionsA prior section 949m, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2616, related to number of votes required for conviction and sentences and number of members required on military commission for penalty of death, prior to the general amendment of this chapter by Pub. L. 111–84.
Amendments2011—Subsec. (b)(2)(C). Pub. L. 112–81, §1030(a)(1), inserted before semicolon “, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title”.
Subsec. (b)(2)(D). Pub. L. 112–81, §1030(a)(2), inserted “on the sentence” after “vote was taken”.
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